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Thandeka Moyo  Court Reporter
POLICE are in contempt of a 2012 High Court ruling which barred them from demanding spot fines from motorists.
The judgment was made in the case of Zane Babbage versus the State after Babbage was arrested along 12th Avenue and Robert Mugabe Way in Bulawayo for using a cellphone while driving.

The revelation of the existence of the ruling comes at a time when national police spokesperson Chief Superintendent Paul Nyathi has urged the public to ignore High Court Judge, Justice Francis Bere’s opinion that spot fines were illegal.

Officially opening the 2015 legal year in Masvingo on Monday, Justice Bere said there was neither a legal framework nor any law which either compelled a motorist to pay a spot fine or which empowered police to impound someone’s vehicle.

In his 2012 ruling, former Bulawayo High Court Judge Justice Maphios Cheda said police cannot legally demand a spot fine.

“The said ticket should give the motorist a reasonable time within which to pay the fine in accordance with their regulations unless the said offender elects to pay the fine on the spot,” said Justice Cheda in an obiter dictum, a statement said in passing while delivering judgement, which becomes binding to lower courts.

He was passing judgement in the case in which Babbage was contesting the demand by police, for  him to pay a spot fine for using a cellphone while driving.

Justice Cheda added that, “The police are, however, empowered to use their powers as they deem fit depending on the motorist e.g. if he/she is a foreigner, if he/she has no acceptable identification which will in turn make it difficult for him/her to be traced in the event of a default in paying the fine”.

Justice Cheda also said, “Police can’t and shouldn’t insist on a spot fine on the basis that he isn’t in possession of a ticket book which ticket book is necessary administrative tool for executing his duties.”

A senior court official who commented on condition of anonymity said Justice Cheda’s judgment still stands and that it was unlawful for police to demand spot fines.

“The judgment was made in 2012 and Zimbabwe Republic Police didn’t appeal against that till date. As far as we know, that judgement stands and stipulates that whosoever demands spot fines is doing what’s unlawful,” she said.

She said it was unfair for Chief Supt Nyathi to say Justice Bere was expressing his personal opinion as they were informed by the High Court of Zimbabwe.

Chief Supt Nyathi said on Tuesday that nothing had changed in terms of procedures which empower ZRP to accept deposit fines whether it is a criminal or traffic offence.

“The issue of deposit fines was duly tabled before parliament and approved by the cabinet and justified by Honourable Minister of Home Affairs on several occasions in Parliament. Justice Bere’s comments are a form of interference with the operations of the police.”

Top Harare lawyer Jonathan Samukange said on Tuesday that the police were breaking the law on the roads in the name of enforcement of the traffic laws.

“The police officers are the ones committing offences on the roads because forcing motorists to pay fines on the spot or impounding vehicles is pure extortion,” he said.

Contacted yesterday, Chief Supt Nyathi said he could not comment as he was not at work.  He referred questions to national police spokesperson Senior Assistant Commissioner Charity Charamba whose mobile was not reachable.