BY CHARLES LAITON
Five City Parking supervisors have petitioned the High Court seeking a court order declaring illegal, null and void statutory instrument (SI) 104 of 2005 Harare, which empowers the City of Harare to clamp and tow away vehicles.
The supervisors argue that the by-law is contrary to section 4 and 8 of the Municipal Traffic Laws Enforcement Act.
City Parking is a subsidiary of the City of Harare which is mandated to collect parking fees from motorist both in the central business district (CBD) and outskirts of the city.
“The resolution by first respondent (City of Harare) of December 13, 2013 empowering the City Parking (Pvt) Ltd marshals to clamp offending vehicles, which would be released by the City of Harare traffic enforcement unit, upon payment of the requisite fines and charges, be and is hereby declared null and void to the extent that it is inconsistent with section 4 and 8 as read together with section 4 (1) of SI 104 of 2005,” the City Parking supervisors said in their application.
In the combined founding affidavit, filed by Blessing Duma, Bota Mike, Marwa Shupai, Pardon Chifanzwa and Ruth Njerere, the supervisors said the implementation of the by-law had since landed some of their workmates behind bars after being convicted of criminal abuse of office.
“The present application is for a declaratory and ancillary relief to the following effect: That section 4 (2), 3 and 4 of the statutory Instrument 104 of 2005 Harare (Clamping and Towing Away) By-Laws (hereinafter referred to as SI 104 of 2005) be and is hereby declared to be ultra vires section 4 and 8 of the Municipal Traffic Laws Enforcement Act,” they said.
“Following the passing of this resolution, first respondent started to unlawfully instruct its employees within the traffic section to clamp offending vehicles first and issue a ticket or notice thereafter …this has led to the arrest, prosecution and conviction of some employees within the traffic section for the criminal offence of abuse of office.”
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The supervisors also urged the court to issue another order to compel the City of Harare to withdraw disciplinary proceedings against them and some of their colleagues, arguing the charges were emanating from an illegality and an unlawful order.
“In the event that the court finds otherwise, it is be and hereby ordered that applicants should and will only clamp and tow away vehicles only for violating the Harare Traffic By-Laws, which are expressly excluded,” they said.
