via Spot fines, law of impounding of vehicles – NewsDay Zimbabwe December 12, 2015
Last week we said it is illegal for the police to impound vehicles because of drivers’ failure or refusal to pay spot fines. Whether the police agree with or obey it or not is another debate but that is what the law unequivocally states.
Section 74 of the Road Traffic Act gives the instance when the police may detain vehicles. For example, when a driver fails to produce a driver’s licence or adequate identification. This applies to both locals and foreigners. Even so the vehicle may be detained for not more than 24 hours.
An untrustworthy public
One reason put forward by the police on the necessity of spot fines and impounding vehicles is that we generally cannot be trusted to turn up and pay our fines later on our own. It is, therefore, obviously very expensive to pursue the legions of fines defaulters out there and many do give fake addresses.
The police do not have special resources dedicated to tracking traffic offenders for minor traffic misdemeanours, so from an economic and administrative point it is effective to make culprits pay on the spot. Sometimes though you cannot help, but understand the police and their seemingly irrational and heavy handed behaviour. They are faced with a very tough public that generally does not respect road rules and getting worse Many drivers on our roads require aggressive policing if only to save lives including their own. In this traffic series of articles we shall later take the opportunity to remind each other of some basic road rules this holiday season.
Babbage v The State 2012
Zaine Babbage was given a spot fine for using his mobile phone while driving. The judge said he should have been issued with a ticket to pay the fine later. It was emphasised that he should have been given a reasonable time to pay it unless he himself had elected to pay the fine on the spot. Of importance here is the reasonableness of the law as opposed to the punitive and retributive approach of the police. At worst they can make you rue the day you got your driver’s licence and wish you were blissfully cruising past in a kombi. It is the motorist who should take the option to pay the spot fine and not the police forcing it as the only course of action.
Surely the police have discretion?
The police are allowed to use their discretion and powers within reason to enforce the law. It is reasonable to fine foreigners in transit on the spot for driving badly, as it is to impound cars driven by suspicious undocumented drivers. No one begrudges the police their powers. They should, however, decide each case individually and not use a one size fits
all approach and treat every driver like a suspect. Even if you furnish genuine documentation and traceable references and are of visible noble character that usually does not count for much. They could impound the Popemobile if it came to Zimbabwe. It is inexcusable for police to insist on spot fines under the guise of not having ticket books or other stationery. Surely how the police get away with such travesties boggles the mind.
Justice Bere’s famous Masvingo Statement
“I fully understand the predicament the Home Affairs finds itself in. But it occurs to me that there is currently no legal framework justifying the manner in which these collections are being done. There is no law that compels a motorist to deposit a fine with the police if he desires to challenge the alleged offence . . . any attempt to refuse is met by threats to have the vehicle impounded by the police . . . the prevailing statutory instruments do not support the way spot fines are collected.’’
The Criminal Procedure and Evidence Act does not support the manner the spot fines are collected and handled by the police. Hence, the police do not have the power to force motorists to pay fines on the spot and impound their vehicles. However despite all these clear pronouncements on the illegalities of spot fines the police carry on unabated. And like good Zimbabweans we grudgingly but obediently pay and rush home to vent it out furiously on Facebook and Twitter.
lMiriam Tose Majome a lawyer and a teacher. She can be contacted on enquiries@legalpractitioners.org
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