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Kwekwe City parking matter referred to High Court

by Staff reporter
07 Nov 2024 at 06:59hrs | Views
Kwekwe City Council has distanced itself from an entity known as "Kwekwe City Parking," which has been collecting parking fees from motorists in the city's central business district, sparking controversy and confusion among residents. The dispute erupted as marshals, allegedly representing the council, were seen stationed at street corners demanding fees from unsuspecting motorists. The sudden appearance of the marshals, with no prior public announcement or explanation from the council, left many residents questioning the legitimacy of the parking fee scheme.

While some residents expressed support for structured parking services, they criticized the abrupt implementation and lack of transparency, calling for better communication from the local authority. In response to the situation, local resident Mr. Tafadzwa Gambiza filed a court application seeking to nullify the council's parking services, naming both Kwekwe City Council and the purported Kwekwe City Parking company as respondents. Mr. Gambiza argued that the council's actions breached local by-laws, contending that Kwekwe City Parking did not legally exist.

Council Denies Connection to Kwekwe City Parking

In an affidavit filed through her lawyer, Kwekwe's town clerk Dr. Lucia Mnkandla vehemently denied any association with Kwekwe City Parking, stating that it was not a registered legal entity. Dr. Mnkandla further argued that Mr. Gambiza had no grounds for his case, as he had not raised any objections during the council's budgeting process, which had included provisions for parking fees.

"No legal person is going by the second respondent's name. Even in the founding affidavit, the applicant did not state why the second respondent was cited," Dr. Mnkandla said, stressing that the city had followed all procedural requirements and had called for public objections during budget consultations. She suggested that any concerns about the parking fee scheme should have been addressed at that stage.

Legal Proceedings and Court Frustrations

Magistrate Mr. Itai Kagwere, who reviewed Mr. Gambiza's case, expressed frustration over the lack of clarity surrounding the parking scheme. He questioned the council's stance, noting that marshals had been collecting fees since August 2024, despite the council's denial of any involvement with Kwekwe City Parking.

"The city is awash with marshals masquerading as officials from Kwekwe City Parking," Magistrate Kagwere stated, highlighting residents' concerns over the behavior of the marshals, who were reportedly demanding fees in unmarked areas. He also criticized their intimidating conduct, which he said was inconsistent with standard parking practices, such as metered parking.

Magistrate Kagwere suggested that Dr. Mnkandla should have provided clarity on the matter rather than denying the existence of the marshals. He expressed frustration over the growing number of marshals "mushrooming from nowhere," calling for more transparency from the council. However, due to jurisdictional constraints under the Administrative Justice Act, he redirected the matter to the High Court for further examination.

Public Outcry and Calls for Accountability

The case has drawn widespread public attention, with many residents of Kwekwe voicing concerns over the lack of clear communication and accountability in the council's handling of the parking fees. The confusion over the legitimacy of the parking scheme, coupled with the behavior of the marshals, has only intensified frustrations over service delivery in the city.

As the legal battle moves to the High Court, the legitimacy of the parking fee collection system and the council's role in the initiative will be closely scrutinized. Residents are calling for a transparent process and a more accountable approach to municipal initiatives, especially when it comes to public services such as parking.

The ongoing legal dispute highlights the need for greater clarity and communication from local authorities on initiatives that directly impact residents. With the High Court set to examine the case, it remains to be seen whether the council will be held accountable for the actions of the marshals and whether the parking fee scheme will be upheld or scrapped altogether.

Source - The Chronicle