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Michael Magoronga, [email protected]

KWEKWE City Council has distanced itself from a company named Kwekwe City Parking, which has been collecting parking fees around the central business district.

The controversy arose when marshals stationed themselves at various street corners, purportedly deployed by Kwekwe City Council and demanded parking fees from motorists without notifying the public through the media.

Some residents acknowledged that the parking service was necessary but criticised its abrupt implementation.

An aggrieved resident, Mr Tafadzwa Gambiza, filed a court application to nullify the city’s parking services, citing both Kwekwe City Council and Kwekwe City Parking as respondents.

Mr Gambiza argued that the council’s actions violated local by-laws, stating that Kwekwe City Parking did not exist as a legal entity.

Kwekwe town clerk, Dr Lucia Mnkandla, filed opposing papers through her lawyer Mr Valentine Mutatu, arguing that the by-law to introduce city parking was approved by Section 228 (3) of the Urban Councils Act and that Kwekwe City Parking did not exist as a legal entity.

“No legal person is going by the second respondent’s name. Even in the founding affidavit, the applicant did not state why the second respondent was cited. Assuming that the second respondent exists, which is denied anyway, no case against it has been pleaded in the founding affidavit,” she said.

“The applicant cannot seek a relief, which has not been pleaded in the relationship of the first respondent to the second respondent.”

Dr Mnkandla further explained that the parking fees had been approved through the council’s budget process and that the residents had been invited to submit comments or objections.

She further argued that Mr Gambiza did not raise any objections during the budgeting process and therefore had no grounds to challenge the fees now
“The budget process was followed and the residents of Kwekwe were called upon to make comments and objections if they had any. The applicant did not object to the budget,” said Dr Mnkandla.

“He therefore cannot now seek to object to something that was processed and handed over to the Minister. The whole process was done above board and there were no procedural irregularities in it.”

She also questioned Mr Gambiza’s standing to represent all motorists in Kwekwe, arguing that he could not seek broad relief without proper legal pleading in his founding affidavit.

Kwekwe magistrate, Mr Itai Kagwere, referred the matter to the High Court, expressing frustration over the lack of clarity from the council. He pointed out that marshals had been collecting parking fees in the CBD since August 2024, despite Dr Mnkandla’s denial of Kwekwe City Parking.

“The city is awash with marshals masquerading as officials from Kwekwe City Parking. I deliberately used the word ‘masquerading’ since the first respondent’s representative, Dr Lucia Mnkandla distanced herself from these people,” he said.

“If my memory serves me right, these marshals mushroomed from nowhere at every street corner of the city from the beginning of August 2024. I do not know, which city of Kwekwe Dr Mnkandla is representing or living in for her to prophesy ignorance of these marshals as they are all over the city.”

Mr Kagwere criticised the marshals’ behaviour, saying they often harassed motorists and demanded parking fees in areas that lacked proper signage or metered zones.

He suggested that the town clerk should have provided a clear explanation of the parking service’s origins rather than denying its existence.
“To a larger extent, these marshals are poorly trained as at most they are in the habit of harassing motorists. I relate to the applicant when he challenged their conduct of demanding parking fees from motorists in areas that are not marked as metered parking zones and with no metered parking signposts at all,” he said before referring the matter to the High Court.

Citing the Administrative Justice Act, Mr Kagwere concluded that the Magistrates’ Court did not have the jurisdiction to hear the case.

“I take judicial notice and put it on record that it is common sight in Kwekwe CBD these days to collect money from motorists. It is clear from the Administrative Justice Act that this court is ousted of jurisdiction to hear the present application. The correct forum to bring the application is before the High Court,” he ruled.