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Daniel Nemukuyu Senior Court Reporter—

THE High Court has reserved judgment in a case in which a Harare motorist is challenging the constitutionality of spot fines. Mr Andrew Makunura was last year arrested at a roadblock in Glen Norah for not having a valid radio licence.He claims his driver’s licence was confiscated by the police as a way of compelling him to pay the spot fine of $10.

The motorist, through his lawyer Mr Tonderai Bhatasara of Mupanga Bhatasara Attorneys, approached the High Court seeking an order declaring the demand for spot fines unconstitutional.

He is also seeking an order barring the police from confiscating motorists’ licences as a way of forcing them to pay fines. Mr Makunura is also seeking the return of his driver’s licence taken by the police in 2015.

Home Affairs Minister Dr Ignatius Chombo, Commissioner-General of Police Augustine Chihuri, Attorney- General Advocate Prince Machaya and the arresting officer Agrippa Chinyama were listed as defendants in their official capacities.

Justice Esther Muremba this week heard arguments from the parties and reserved judgment in the matter.

The application emanated from an incident of February 12 this year when Mr Makunura was arrested by Constable Chinyama along High Glen Road in Glen Norah at a roadblock.

When he was waved to stop, Cst Chinyama asked for a driver’s licence, which he was given.

The policeman checked around the vehicle before demanding a radio licence.

Mr Makunura failed to produce the licence and the police allegedly demanded that he pay a spot fine.

He indicated that he had no $10 on his person but undertook to pay later at the police station but it is alleged that the policeman insisted on the spot fine.

After an hour and 10 minutes of resistance, the policeman then asked him to visit Southerton Police Station to pay the fine in Room 11 within five hours the same day.

It is alleged that the policeman did not release the driver’s licence though.

Mr Makunura argued that the actions of the police on that day were not justified at law.

Responding to the claim, the police denied ever detaining the motorist or confiscating his licence as alleged.

“Third defendant (Cst Chinyama) denies detaining the plaintiff, neither are motorists compelled to pay fines on the spot. It is only a person who has committed an offence, admits to doing so and is willing to pay the fine, who has an option to pay the fine on the spot.

“In this case, the plaintiff opted to pay a fine for not having a listener’s licence for which he paid $10.

“He was not at all compelled to pay a fine,” reads the defendant’s plea.

The police also reiterated that it was now common knowledge that spot fines were unconstitutional in Zimbabwe and that they only act in terms of the law.