LEGAL think-tank Veritas says it is illegal for police to demand spot fines from offending motorists as they will be violating provisions of the Criminal Law (Codification and Reform) Act.
In its latest Bill Watch publication, Veritas said spot
fines were in contravention of section 141 of the Criminal Procedure and
Evidence Act, which allows police to issue written notices to petty offenders
and order motorists to pay a fine or appear in court, but does not stipulate
spot fines.
Last week, the issue of spot fines sparked heated debate in
Parliament, with some legislators arguing that spot fines promoted corruption
within the traffic police force.
But Home Affairs deputy minister Ruth Mavhunga-Maboyi said
it was government policy for traffic offenders to pay spot fines at police
checkpoints, adding that motorists could negotiate payment terms if they did
not have cash at hand.
But Veritas said section 141 did not authorise police
officers to demand payment of fines on the spot, whether in cash or
electronically.
“Motorists must be given the option of paying their fines
later, if they admit their guilt, or of appearing in court to contest the
matter if they do not. Of course, the section does not prohibit police officers
from inviting motorists to pay their fines on the spot, and if they do pay
their fines immediately it can save trouble all round. If payment is made, the
police should issue a receipt,” it said.
“But the law does not allow police officers to compel
motorists to pay. If they use coercion to induce payment, they will be acting
illegally and may be liable to prosecution for extortion under section 134 of
the Criminal Law (Code), a crime which carries a 15-year prison sentence.”
In 2012, Bulawayo High Court judge Justice Maphios Cheda
ruled that motorists should be issued with tickets and given a reasonable time
within which to pay, unless they voluntarily chose to pay the fines
immediately.
In 2017, another High Court judge Justice Esther Muremba
awarded damages to a motorist who was detained at a roadblock for over an hour
because he could not pay a fine and ruled that it was illegal for police
officers to force motorists to pay spot fines at roadblocks.
Veritas added: “In light of the law, which is perfectly
clear, and the judicial pronouncements we have cited, which are definite and
unanimous, it is shocking that the police continue to demand payment of traffic
fines immediately rather than issuing motorists with traffic tickets and giving
them the option of paying immediately or later.
“It is also disturbing that the Deputy Minister of Home
Affairs, when asked to explain the conduct of the police, was unable to provide
the National Assembly with a correct statement of the law.” Newsday
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