Bulawayo – In a move aimed at quelling growing public anger over alleged abuses by traffic officers, the Zimbabwe Republic Police (ZRP) has declared that no member of the force is authorised to impound vehicles for minor traffic violations. The announcement comes as a Kariba-based legal firm alleges that police in Makuti have defied a High Court order to release impounded vehicles.
Addressing journalists at a press conference held in Bulawayo, national police spokesman Commissioner Paul Nyathi stated categorically that the Commissioner General of Police has not authorised police officers to impound vehicles for issues such as not carrying an emergency triangle, not wearing a safety belt, or not having a reflective jacket.
“I want to state it categorically: the Commissioner General of police has not authorised police officers to impound vehicles for these issues,” Nyathi said. “No vehicle will be impounded for not carrying a triangle, for not wearing a safety belt or for not having a reflective jacket.”
Nyathi revealed that provincial commanders have been directed to brief their traffic units to ensure “discipline and flexibility” when enforcing the law. He issued a stern warning that action would be taken against any officers found straying from official guidelines.
“We want police officers who are disciplined. If they go out of the way, we will certainly take action,” he added. “And I’m saying this with certainty. The Commissioner-General of Police says that action will be taken.”
The police spokesman made these remarks during the Media Institute of Southern Africa (MISA) Zimbabwe Bulawayo Chapter’s interaction programme with the police this week, reiterating that the Police Commissioner-General had not authorised officers to confiscate vehicles over such issues, warning that those enforcing non-existent penalties would face action.
“I want to say it here and to say it categorically. The Commissioner-General of Police has not authorised police officers to impound vehicles for people not carrying effective strangles, for people not wearing safety belts, or for people not having effective jackets,” Nyathi said.
“The police commanders must brief our police officers so that they continue to perform their duties according to city standards,” Nyathi added. “We want police officers who are flexible.”
However, Nyathi also criticised drivers for failing to familiarise themselves with basic road rules, a lapse he said leaves them vulnerable to manipulation by rogue officers. He reminded motorists that ensuring vehicle roadworthiness was their responsibility, not the police’s.
“But we also want the driver to be responsible. It is in the interest of each and every driver to know the rules and regulations, to know the dos and don’ts while driving. But certainly, our drivers are not doing that,” Nyathi said.
“It’s the responsibility of the vehicle owner to ensure the car is fit. We will take action on worn-out tyres and unsafe vehicles. We cannot keep complaining after people die.”
He warned that the police would take action against vehicles being driven on the roads with worn-out tyres and those not certified fit.
Nyathi also defended the ongoing crackdown on mshikashika operators, saying the illegal public transporters were contributing to fatal accidents involving overloaded vehicles.
“People are dying,” he said. “Anyone who wants to operate a public service vehicle must register through the ministry of local government and the ministry of transport.”
He urged passengers to avoid unsafe vehicles, warning that negligence was costing lives. “Let us not be careless with our lives,” he said.
Meanwhile, a separate legal battle is unfolding in Makuti, where a Kariba-based legal firm, Phiri and Partners, alleges that police have defied a High Court order to release impounded vehicles.
The High Court order, issued by Chinhoyi judge Justice Phildah Muzofa on October 21, pertained to a matter between Oscar Zimbeva and Johanne Ruzvidzo against Gwabada Makuti ZRP officer-in-charge Ropa Vada and the Mashonaland West Propol. The Home Affairs and Cultural Heritage ministry and the State were cited as the third and fourth respondents, respectively.
Justice Muzofa declared two notices of seizure issued by the respondents to the applicants as null and void. The notices concerned a Nissan X-Trail registration number AGI3608 and a Toyota Regius registration number AFT8581.
The judge ordered that “the 1st, 5th and 7th respondents shall release the vehicle, including a Nissan X-Trail registration number AGI 3608 and a Toyota Regius, within three days of this order.” The order further stipulated that if the respondents failed to comply, the government was authorised to effect the order by removing the vehicles from their possession and handing them over to the lawyers.
However, Clara Phiri of Phiri and Partners law firm told NewsDay that they are unhappy over the police’s alleged contempt of court.
“We obtained a High Court judgment at Chinhoyi High Court for the release of our client’s vehicles that are being held at Makuti Police Station,” she said. “Our client went to collect the vehicles armed with the court judgment, but the vehicles were not released. We then instructed the deputy sheriff as per court order and he proceeded there armed with a writ and the court judgment still, the vehicles were not released.”
Phiri added, “This is not the first time this has happened because an order from the Magistrates’ Court for the same case was not complied with. We feel that this goes beyond contempt and it goes to the disregard of the rule of law.”
The conflicting messages from the ZRP – a ban on impounding for minor offences from Commissioner Nyathi and alleged defiance of a High Court order in Makuti – raise questions about consistency in law enforcement and adherence to the rule of law within the police force.
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