Proposed road traffic fines attract legal problems

via Proposed road traffic fines attract legal problems – NewsDay Zimbabwe December 15, 2015

FINANCE minister Patrick Chinamasa’s proposal to review the level of road traffic fines with effect from January 1, 2016 is likely to attract legal problems if implemented without legal instruments supporting it and stakeholder consultations.

BY VENERANDA LANGA

Several people who spoke to NewsDay described the proposal to increase road traffic spot fines as an unofficial increment in bribes collected by the police Traffic Section which has been accused of being more interested in collecting cash rather than containing the problem of unroadworthy vehicles and unqualified drivers, among other traffic misdemeanours.

They said while a $100 fine for proceeding against a red traffic light was justifiable and could save lives, the increase in other minor road offences was uncalled for and was a recipe for corruption by those who enforced the law.

According to the 2016 National Budget statement, from January 1, the level of fines for proceeding against a red robot, overtaking over a solid white line, driving without a licence and driving a car with a faulty footbrake will be pegged at $100 up from $20 (level four fine).

For failing to signal slowing down, stopping, or turning right or left, cutting corners or turning right, encroaching over white lines at traffic light controlled intersections, proceeding against an amber traffic light and abusive behaviour on the road, the fine will be $20, up from $10 (level three).

Minor traffic offences such as double parking, parking where there is no stopping, no parking, or turning where the signs show no left or right turn, vehicles with fuel or oil leaks, discarding rubbish from vehicles and even spitting in or from vehicles, these will attract a fine of $10 up from $5 (level two fine).

A commuter omnibus operator, Cephas Muzondiwa, said the new fines would actually fuel more road accidents as kombis will try to dodge police roadblocks.

“What it means is that whenever commuter omnibus drivers notice a roadblock, they will divert and use other routes because those fines are unaffordable. It can cause more confusion on the road,” he said.

A motorist, Isheunesu Sibanda, said, while he had observed a lot of violations of traffic rules by several unlicensed motorists and taxi drivers, those who breached traffic laws should be given a chance to look for money to pay the fine because Chinamasa’s proposals were unaffordable.

“Making the rules stringent will help fish out bad drivers, but charging spot fines is unfair because money is hard to find these days,” Sibanda said, adding a fined motorist should be given at least a week to pay the fine.

Social commentator Paddington Japajapa said Zimbabweans should resist a situation where these fines are increased without public consultations over the issue.

“Imposing a stiff fine for proceeding against a red traffic light is a good idea because there are many reckless drivers going through red traffic lights and killing people,” Japajapa said.

“But, increasing fines for drivers who straddle white lines is unnecessary at the moment because most of the road demarcations and signs are not visible. The Ministry of Transport, Zinara and local authorities must first make sure all road signs, demarcations and a wide range of markings are perfect before they start charging people for the offences.”

Japajapa said he foresaw a situation where the courts will be inundated with cases of motorists challenging the fines on the basis that the road markings were unclear.

“The issue of spot fines must be stopped immediately because those benefitting are the police and ZRP has been adjudged one of the most corrupt police forces in the world. We see a situation where they will make a killing through receiving bribes from desperate kombi drivers who want to avoid paying $100,” he said.

“They [ZRP] have been collecting spot fines but we have not been seeing any improvement in the way they operate after retaining spot fines. The increase in spot fines will encourage the police to punish motorists for dubious crimes, and to use draconian laws to ensure they get money for their salaries.”

He said Zimbabwe was over-legislated, adding too many by-laws will end up infringing on the freedoms and rights of people.

“What is lacking is enforcement. We do not want ministers or local authorities imposing fines without having first consulted the public,” he said.

A Kwekwe-based lawyer, Caroline Mugabe, said changing the traffic fine structure without amending the enabling laws to allow implementation of the new structure would be fatal at law.

She said there was great danger of flooding of traffic offence cases at the courts because police officers had a limit to charge and collect fines for offences up to level three.

“Police officers are currently allowed to assess fines up to level three, which is up to $20. Anything above that going into level four of the fines schedule is supposed to be dealt with by a magistrate. This means in the absence of an upward review of all fine schedules, then the move will be illegal,” Mugabe said.

Lawyer and spokesperson of the People’s Democratic Party, Jacob Mafume said Chinamasa’s proposals were out of sync with the reality in the country considering the difficult economic conditions.

“Who has that kind of money to pay for a spot fine of $100? The average citizen takes home a third of that fine as salaries.
If government cannot find $300 to pay civil servants as bonuses, then where do they expect ordinary citizens to get that money to pay spot fines?” Mafume queried.

“Or conversely, Chinamasa has given the police an unofficial increment in bribes they are well known for taking. Where one is getting away with $5, they will probably want $20 to set them free.”

He said the high road carnage in Zimbabwe was because of un-roadworthy vehicles.

“The main trunk roads are in a state of disrepair and are outdated that they cannot cope with the volumes and speed of current cars. In many cases, it is dark at night and makes it difficult for motorists to navigate their way in many parts of the country’s major cities. That is the main cause of accidents,” Mafume said.

“Chinamasa should reduce the corruption at the VID where people get licences after paying bribes, and ensure that worthy people get licences without being made to fail deliberately for not paying bribes.”

Lawyer and MDC-T spokesperson Obert Gutu said the new fines would be unconstitutional.

“Spot fines cannot just be increased willy-nilly without regard to the underlying legal requirement that states that the schedule under which the fine is imposed should not be ultra vires the provisions of the enabling Act of Parliament,” Gutu said.