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Comm-Gen Chihuri

Daniel Nemukuyu Senior Court Reporter
THE anti-spikes war pitting motorists and the police has spilled into the High Court with a human rights activist seeking an order declaring the practice of deflating vehicle tyres unconstitutional.

Zimbabwe Human Rights Association director Mr Okay Machisa has filed an application at the High Court challenging the constitutionality of the practice, which has the potential of damaging property, injuring or killing people.

The challenge has been filed at a time when the issue is the subject of widespread debate.Recently, a heated debate arose in Parliament over the use of deflating devices by the police with most legislators slamming the law enforcement agents.

At some point, Home Affairs Deputy Minister Cde Obedingwa Mguni was quoted as urging members of the public who witness the “dangerous practice” to take video or photographic evidence, so that the cops can be punished in the courts.

He said Government was ready to take action if law enforcers executed their duties in an unruly manner.

Despite that, the police continue to use the dangerous devices on the roads, resulting in the filing of the court application.The Zimbabwe Lawyers for Human Rights filed the application on behalf of Mr Machisa.

In the court application, Police Commissioner-General Augustine Chihuri and Home Affairs Minister Ignatius Chombo were listed respondents in their official capacities.

Mr Machisa wants an order declaring the practice unconstitutional. He also seeks another immediate order prohibiting the practice.

The activist wants the minister and the police boss to bear the costs of the suit.

In his founding affidavit, Mr Machisa states that the use of spikes poses a danger to the masses and it must be banned.

“As a Zimbabwean citizen and a road user, I have a stake in the conduct of the police and I am concerned that the use of spikes by the Zimbabwe Republic Police poses a danger to the public, which cannot be outweighed by any policing consideration the respondents may proffer,” said Mr Machisa.

The activist added that the use of spikes or any other deflating devices was not supported by any piece of legislation.

“I am concerned that despite their potential to cause grievous harm to persons and property, the use of these devices is not governed by any legislation with individual police officers retaining discretion to decide when to deploy them.

“Consequently, the use of spikes is arbitrary and unregulated, resulting in some members of the ZRP using them in situations which may lead to loss of life and property in clear violation of the obligation to use justifiable force in effecting an arrest,” reads the affidavit.

Mr Machisa argued that justifiable or minimum force is employed in serious offences but most traffic offences are minor, fineable and do not warrant such drastic measures like spike-throwing.

“There are less lethal means of traffic enforcement which ZRP could use to ensure compliance with the country’s laws, including noting the registration plate on the vehicle and following up with the Central Vehicle Registry in the event that a suspect has fled from a crime scene,” he said.

Throwing spikes without compunction, the activist said, was a violation of the right to administrative justice as enshrined under Section 68 of the supreme law of the country.