BCC and TTI defeats prominent lawyer over parking system court challenge

City of Bulawayo and its technical partner Tendy Three Investments has won a court case which was brought to the High Court against them by one Bruce Israel Masamvu.

Bulawayo prominent lawyer Bruce Israel Masamvu approached the High Court of Zimbabwe sitting in Bulawayo seeking an order under case number HC1460/2 to interdict the City of Bulawayo and Tendy Three investments (TTI) from clamping or towing his vehicle on  the basis of parking fees levied by the City of Bulawayo under the smart parking system.

The matter was heard by Justice Takuva on 12th of August 2022 with TTI being represented by Kholwani Ngwenya from Mabhikwa, Hikwa legal practitioners while the City of Bulawayo was represented by Promise Ncube from Coglan and Welsh law firm while the applicant Masamvu was being represented by his law firm partner Da Silva-Gustavo and five other lawyers from different laws.

According to papers in possession of this publication Masamvu was querying the parking fees arising form periods of time which do not constitute an hour and also challenging the illegality and towing of his vehicle on the basis of the parking fees and was also claiming legal costs on the basis of filing the urgent chamber application.

TTI and the City of Bulawayo challenged the urgent Chamber application in many respects including submissions that the application had no legal merit as it was not urgent and the City of Bulawayo had been wrongly cited as the Bulawayo City Council and TTI had been been wrongly cited as TTI (PTY) Limited a South African registered and domiciled company which it is not but it is a Zimbabwean company registered according to the laws of Zimbabwe with local shareholders and directors.

The court papers reveal that Bulawayo High Court Judge Takuva dismissed the matter with costs to be paid by the applicant Masamvu.

Following the dismissal of Masamvu's urgent chamber application by Justice Takuva, the applicant withdrew his second application filed under case number HC1416/22 in terms of which he sought to question the legality of the parking system and charges. He offered to pay all legal costs incurred by City of Bulawayo and TTI.

This reporter is reliably informed that there is a minority grouping of disgruntled failed Bulawayo businesspersons fronted by one Farai Kizito Manganda,a losing 2018 Independent Parliamentary Candidate who has a backing of one of the Bulawayo City Councillors who are are mobilising an anti-City of Byo and TTI smart parking system.

Unconfirmed reports indicate that Manganda is pursuing an extended agenda of Masamvu after his failure to win the court case and the said Councillor fighting the parking system is being represented by Masamvu and Da Silva -Gustavo Law Firm.

The grouping is reportedly plotting to do a march to the City of Bulawayo offices on Monday 22 August 2022 to submit a petition that seeks to overturn the global smart parking solutions introduced by the City of Bulawayo and its technical partner TTI.

In the meanwhile, the City of Bulawayo and TTI recently announced that the US$1 per hour parking fees are transferable from one bay to another within the paid paid parking period.