Lloyd Gumbo Mr Speaker Sir
Lack of clarity on anything to do with the law is a recipe for disaster as its interpretation becomes subject to one’s discretion. Mr Speaker Sir, the issue about legalities surrounding spot fines has once again hogged the limelight following recent pronouncements by High Court Judge, Justice Francis Bere that no law empowers police to insist on spot fines.

It is the motorist’s choice to pay on the spot or go to court.
It revived debate around the subject but still there is no clarity.
As we speak, the matter is before the Constitutional Court.

This is not a new subject, the courts have made some pronouncements in that regard, parliament has been seized with the matter on a number of occasions but the police have also stood their ground.

Often times, the debate has been lost as people tend to debate the subject in whole without looking at the nitty-grities surrounding the subject.
The question is not about whether the police are allowed to collect spot fines but whether it is lawful for them to demand the same.
First things first, it is lawful for the police to accept spot fines at the scene of the traffic offence.

By paying that fine, motorists will be pleading guilty to the offence by default.
At the moment it is unlawful for the police to demand spot fines from motorists under whatever circumstances.
Mr Speaker Sir, it is every motorist’ right to challenge any charge when they are accused of having offended road traffic laws.

Our laws also allow the police to grant motorists reasonable time which is usually seven days to deposit their fines if they admit to the offence.
As such, the police are expected to issue a ticket to such offenders so that they can pay the fine within the specified time if they admit to the offence.
Everyone has a right to stand before a court of law and lay their defence when they feel they are being unfairly charged.

The courts are the only authority to make a determination under such circumstances since the police cannot be the witness, the prosecutor and the judge.
But in our case, the problem has been that the police demand spot fines, a position that is influenced by administrative concern as they argue that they would spend more money going to court or chasing the offenders when they default.

But should motorists lose their right to a fair hearing because the police do not want to spend while chasing a $10 offence?
What happened to the basic principle of the presumption of innocence?
Surely the police are not the right authority to determine whether one is guilty or not.

Mr Speaker Sir, what is most disturbing is that when at a road block a motorist says they do not have cash on them to pay a fine for an offence that they admit to, the vehicle is sometimes impounded as the force claim that they do not have the ticket books.
But does the law allow them to go that far?

As law enforcements agents, are they not enforcing something that is not supported by the law?
This is an issue that has been raised in the august House on a number of occasions but still there has been no answer in terms of principle and operationalisation of the law.

Contradicting views on the same subject following Justice Bere’s pronouncements just goes to show how our laws are in serious need of re-alignment.
While the High Court has already outlawed demanding spot fines, this has not translated to those on the ground.

By virtue of being people’s representatives, it is the duty of MPs to ensure that laws are clear for everyone to interpret even though the courts will then make the final determination.

As it stands, one can carry a court ruling to a roadblock but that will not influence a police traffic officer along Harare-Masvingo Road to issue them with a ticket. They will still demand a spot fine arguing that they are empowered by the law to demand the same.
It is important that the issue is addressed once and for all if sanity is to be restored in our road traffic laws.

Legislators should not end with asking whether the police are lawfully allowed to demand spot fines since they should know that it is illegal.
They should instead demand the minister of Home Affairs to direct the police to comply with the law and if he fails to do so Parliament should charge him or those in charge of the force.

For too long, Parliament has been described as a toothless bulldog because of its reluctance to apply the law to prove that it has teeth.
But before that it is critical that they push for a Statutory Instrument or Act outlawing compulsory spot fines because without that, the issue will remain at the discretion of those interpreting it at the time.

It is not justified for the police to claim that issuing tickets will be too expensive for them when other countries in the region have such systems in place.
For instance, in Namibia the police issue a ticket and give the offender 30 days to pay failure of which they would then arrest them.

If the police are afraid of people defaulting why can’t they link the system to Zinara so that when motorists pay for their vehicle licence the system can pick that they have outstanding fines and then impose a fine on top of their fines?

As to why the police demand spot fines in the absence of ZBC personnel from motorists who do not have radio licences defies logic.
It is for this reason that lawmakers should address this issue once and for all.

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