via Kwekwe lawyer sues Chihuri, police officer – Newsday December 8, 2015
PROMINENT Kwekwe lawyer, Caroline Mugabe last week sued police Commissioner-General Augustine Chihuri and an unnamed traffic police officer based in the Midlands city for illegally impounding her car along the Harare-Gweru Road last Thursday after she failed to produce a valid radio licence.
BY BLESSED MHLANGA
In her ex-parte application filed at the Kwekwe Magistrates Court, Mugabe argued that police had no right to impound vehicles over radio licences.
“The averment by the police that l will only get the car upon payment of the fine suggests that the vehicle has been confiscated to induce payment of the spot fine,” she argued in her application.
“I have perused the Road Traffic Act and subsequent legislation and I am satisfied that the police have no authority to confiscate or impound a vehicle pending payment of a spot fine.”
Mugabe said after she was ordered to drive to Kwekwe Central Police Station, an additional charge of using worn-out tyres was raised.
“I protested this and demanded to know what procedure has been used to impound my vehicle. I also indicated that I dispute that my tyres are road unworthy and advised that if the police truly felt that the vehicle was unworthy, they ought to have advised me of this at the road block and impounded it then, not to board my car and as an afterthought, in the comfort of their office, after been safely ferried thereto by an ‘unworthy’ vehicle, then advise of further charges.
I must hasten to state that l believe it completely defies logic for a whole traffic police officer to risk their life and the lives of other road users by ordering me to drive an ‘road unworthy’ vehicle, while happily tacked into my back seat,” she submitted.
NewsDay was yesterday told that the matter was was set to be heard by magistrate Letwin Rwodzi but was withdrawn before plea on the same day, after the police allegedly apologised and returned the vehicle to avoid litigation.