News / National
Lawyer takes cops to court for impounding car over $10 fine
03 May 2016 at 04:32hrs | Views
A CITY lawyer has taken police to court for impounding his car after he failed to pay a $10 spot fine for not possessing a car radio licence.
Tawanda Tavengwa, a lawyer at Mutuso, Taruvinga and Mhiribidi legal practitioners, filed an urgent chamber application at the Bulawayo High Court challenging a decision by traffic cops to impound his Toyota Altezza.
In his application, Tavengwa cited the Police Commissioner-General Augustine Chihuri, the officer commanding Bulawayo metropolitan province and the officer-in-charge of Donnington Police Station as the respondents.
Tavengwa, in his founding affidavit, said he was driving his car along the Bulawayo-Plumtree road when he was stopped at a roadblock by an unidentified police officer, who asked to see the vehicle's radio licence. He said he did not have the $10 fine and Donnington Police Station officer-in-charge impounded the vehicle.
Tavengwa said the police action was unlawful as the law says that a motorist must be given reasonable time to pay a fine. "The police are empowered to use their powers as they deem fit depending on the motorist if he or she is a foreigner or has no acceptable identification which would make it difficult for them to be traced in the event of a default in paying the fine," argued Tavengwa.
He said as a result of police actions, he stood to lose $15,000 in a business deal.
The lawyer said he was supposed to meet one Patience Kutinyu in Harare who has already undertaken to purchase the impounded car and two generators for $15,000. "This business transaction can't go ahead since its success hinges on the impounded car and I submit that I stand to suffer irreparable prejudice if the respondents continue being in unlawful possession of my property," said the lawyer.
Tavengwa wants the court to order police to immediately release his car. He also wants police to be interdicted from demanding a spot fine.
Last year in February, High Court judge justice Francis Bere said there was no law that compelled a motorist to pay a spot fine or empowered the police to impound vehicles. However, police spokesperson Chief Superintendent Paul Nyathi said the judge was expressing his personal opinion and urged motorists to continue paying spot fines.
Tawanda Tavengwa, a lawyer at Mutuso, Taruvinga and Mhiribidi legal practitioners, filed an urgent chamber application at the Bulawayo High Court challenging a decision by traffic cops to impound his Toyota Altezza.
In his application, Tavengwa cited the Police Commissioner-General Augustine Chihuri, the officer commanding Bulawayo metropolitan province and the officer-in-charge of Donnington Police Station as the respondents.
Tavengwa, in his founding affidavit, said he was driving his car along the Bulawayo-Plumtree road when he was stopped at a roadblock by an unidentified police officer, who asked to see the vehicle's radio licence. He said he did not have the $10 fine and Donnington Police Station officer-in-charge impounded the vehicle.
Tavengwa said the police action was unlawful as the law says that a motorist must be given reasonable time to pay a fine. "The police are empowered to use their powers as they deem fit depending on the motorist if he or she is a foreigner or has no acceptable identification which would make it difficult for them to be traced in the event of a default in paying the fine," argued Tavengwa.
He said as a result of police actions, he stood to lose $15,000 in a business deal.
The lawyer said he was supposed to meet one Patience Kutinyu in Harare who has already undertaken to purchase the impounded car and two generators for $15,000. "This business transaction can't go ahead since its success hinges on the impounded car and I submit that I stand to suffer irreparable prejudice if the respondents continue being in unlawful possession of my property," said the lawyer.
Tavengwa wants the court to order police to immediately release his car. He also wants police to be interdicted from demanding a spot fine.
Last year in February, High Court judge justice Francis Bere said there was no law that compelled a motorist to pay a spot fine or empowered the police to impound vehicles. However, police spokesperson Chief Superintendent Paul Nyathi said the judge was expressing his personal opinion and urged motorists to continue paying spot fines.
Source - chronicle
