Opinion / Columnist
Irregularities in VID testing protocol during lockdown
04 Oct 2020 at 10:10hrs | Views
In March 2020, Statutory Instrument (SI) 77/20 was promulgated by the Health ministry directing the VID in the Transport ministry to cease offering and conducting driving test services in order to contain and prevent the spread of the Covid-19 pandemic.
The VID offices and staff were prohibited from offering and conducting all driving test services and issuing driver licences.
The Transport ministry approached the Health ministry, which promulgated SI 144/20 to defer expiry of documents issued in terms of chapter 12 ,11 due to a public outcry.
In August 2020 the VID chief unilaterally issued a directive to VID offices and officers to resume testing of class three (motorcycle) ultra vires. It is not clear why he exempted class three tests only.
There is no circular directive or instruction given by the VID chief that can supersede a SI issued by a parent ministry or any other. The directive by the VID chief and testing by VID staff is a clear serious violation of SI 77/20 and 144\20 and rendering them liable to arrest and prosecution.
Such an act requires legal authority, but was done without legal capacity, hence invalid. Any class three driver licence obtained as a result of this illegal directive is null and void and must be withdrawn by the parent ministry. Laws apply and bind all government officers, including the VID chief who must obey and it is unlawful to disobey
Government administrators must make decisions that are allowed by law and should not discriminate or impact negatively on other sectors of society such as driving schools or driver licence applicants at large. It's unfortunate that the VID chief failed to properly follow correct procedure to accommodate whatever is obtaining in respect of class three tests.
The Health ministry should have been approached to legislate for a provision, another SI to accommodate the class three category legally. It is unbelievable and dangerous that the VID chief failed to comprehend that he cannot override the law from another ministry.
Driving schools allege that some VID offices such as Chitungwiza, Eastlea and Chirundu never stopped issuing driving licences since March 2020 in violation of Covid-19 regulations with the full knowledge of the VID chief. However, it is alleged that no tests were witnessed or conducted as documents for truck driver retest were issued.
Recently parliament unearthed the disappearance of US$6,5 million lost due to VID management, negligence or corruption when dealing with sub-contractors for civil works at various offices. The chief acted beyond the scope of authority or power granted to him by law or administratively.
The VID offices and staff were prohibited from offering and conducting all driving test services and issuing driver licences.
The Transport ministry approached the Health ministry, which promulgated SI 144/20 to defer expiry of documents issued in terms of chapter 12 ,11 due to a public outcry.
In August 2020 the VID chief unilaterally issued a directive to VID offices and officers to resume testing of class three (motorcycle) ultra vires. It is not clear why he exempted class three tests only.
There is no circular directive or instruction given by the VID chief that can supersede a SI issued by a parent ministry or any other. The directive by the VID chief and testing by VID staff is a clear serious violation of SI 77/20 and 144\20 and rendering them liable to arrest and prosecution.
Such an act requires legal authority, but was done without legal capacity, hence invalid. Any class three driver licence obtained as a result of this illegal directive is null and void and must be withdrawn by the parent ministry. Laws apply and bind all government officers, including the VID chief who must obey and it is unlawful to disobey
Government administrators must make decisions that are allowed by law and should not discriminate or impact negatively on other sectors of society such as driving schools or driver licence applicants at large. It's unfortunate that the VID chief failed to properly follow correct procedure to accommodate whatever is obtaining in respect of class three tests.
The Health ministry should have been approached to legislate for a provision, another SI to accommodate the class three category legally. It is unbelievable and dangerous that the VID chief failed to comprehend that he cannot override the law from another ministry.
Driving schools allege that some VID offices such as Chitungwiza, Eastlea and Chirundu never stopped issuing driving licences since March 2020 in violation of Covid-19 regulations with the full knowledge of the VID chief. However, it is alleged that no tests were witnessed or conducted as documents for truck driver retest were issued.
Recently parliament unearthed the disappearance of US$6,5 million lost due to VID management, negligence or corruption when dealing with sub-contractors for civil works at various offices. The chief acted beyond the scope of authority or power granted to him by law or administratively.
Source - the standard
All articles and letters published on Bulawayo24 have been independently written by members of Bulawayo24's community. The views of users published on Bulawayo24 are therefore their own and do not necessarily represent the views of Bulawayo24. Bulawayo24 editors also reserve the right to edit or delete any and all comments received.
