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Motorists yesterday woke up to very welcome news that they will no longer be required to pay spot fines. High Court judge Justice Francis Bere said on Monday that the collection of spot fines from motorists by the police and the impounding of their vehicles if they fail to pay up is illegal and must be stopped forthwith.

Opening the 2015 Masvingo High Court  Legal Year, 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.

He said Section 356 of the Criminal Procedure and Evidence Act (Chapter 9:07), which is often cited on the matter, did not give police officers powers to force motorists to pay a spot fine. Justice Bere said spot fines and their retention by the police needed to be clarified as the matter had caused a lot of debate.

“It has been reported extensively in the media that these collections by the police are meant to meet the force’s pressing operational needs,” said Justice Bere.

He said while he understood the predicament the Home Affairs Ministry finds itself in, the fact remains that there is no legal framework justifying the manner in which the collections are being done.

Justice Bere said there is no law which compels a motorist to deposit a fine with the police if he or she desires to challenge the alleged offence but motorists are, however, being forced to pay the fines irrespective of their attitude to the charges. The police officers, Justice Bere noted, threaten to impound vehicles of motorists who refuse to pay the fines.

Justice Bere decried the continuous flouting of legislation that governs the collection and retention of spot fines, a development he said was affecting the police force’s ability to execute its core business.

“The Section (356 of the Criminal Procedure and Evidence Act, Chapter 9:07) compels the police to forthwith transmit all the documentation to do with the payment of spot fines to the court for confirmation by a magistrate. All these provisions of the law are being flouted, with everyone watching helplessly while this illegality continues,’’ he said.

Justice Bere said police were cursed if it was true that the force was superintending co-ordinated collection of “security fees” to give omnibus drivers free passage at roadblocks.

He said the country cannot rid itself of corruption as long as it allows police officers to conduct themselves in such a corrupt manner. He said the country should not condone malpractices which create a breeding ground for corrupt tendencies. The issue of spot fines has been raised in Parliament several times and we hope this time around police will take heed. The police should not soil its international brand by engaging in an illegal activity in a bid to fundraise for its activities.

Government has an obligation to fund police operations just like any other government department. Driving on the country’s roads had become a nightmare for motorists who were required to move around with cash or risk having their vehicles impounded.

The issue of spot fines fuels corruption as the system allows cash to exchange hands at roadblocks and it is a fact that only a fraction of the cash collected is surrendered to the police. It is now considered ‘a big favour’ in the police force for one to be assigned to the traffic police section as it means daily income.

We have said it before that roadblocks should be meant to regulate movement of traffic by ensuring that all traffic rules and regulations are observed and not to fundraise for the police.

We want to implore the Police Commissioner General, Augustine Chihuri to stop forthwith the collection of spot fines as directed by Justice Bere.