Motorist wins clamping case

The High Court yesterday ordered Chitungwiza municipality to immediately release a vehicle impounded by its traffic officers after the owner refused to pay a $100 fine.

Motorist, Ms Farai Matimba was embroiled in a legal battle with Chitungwiza municipality for impounding her vehicle which had struck a pothole and stopped on the shoulder of the road. Her car was clamped and towed away after she refused to pay a fine for parking on an undesignated point.

Through her lawyer, Mr Farai Mushoriwa of Mushoriwa, Pasi Corporate Attorneys, Ms Matimba on Thursday took Chitungwiza municipality to the High Court seeking the immediate release of her vehicle.

Justice Priscillah Manongwa granted the application for interim relief pending the finalisation of the dispute. In the event the municipality fails to oppose the matter in the next two weeks, the order will be confirmed by the High Court.

Mr Mushoriwa confirmed yesterday that the Chitungwiza council was ordered to release the vehicle. "We went to court on short notice and got the relief we sought," said Mr Mushoriwa. "We are now going to collect my client's vehicle in Chitungwiza."

In the urgent application, Mr Mushoriwa was also challenging the constitutionality of certain provisions of council traffic offences bye -laws. He argued that the by-laws were not in compliance with the parent Act and should be struck down.

According to the court papers, Ms Matimba was driving her car, a Toyota Camry, along a pothole-ridden Chitungwiza–Machipisa Road when she struck a huge hole. She partially pulled off the road when the municipal police pounced on her. They issued her with $100-ticket which she refused to settle.

This prompted the municipal police to take the car, leaving Ms Matimba, who was in the company of her 62-year-old mother and an 18-month-old baby, stranded.