The association is arguing that there is no prescribed law
which criminalises the use of other vehicles other than Zupco buses.
Government recently ordered the arrest of passengers who
board pirate taxis known as mushikashika and that the offenders should pay a $2
000 spot fine.
PAZ, represented by its national co-ordinator Tafadzwa
Goliati, is cited as the first applicants while Charles Nyoni, who was fined
for hitchhiking, and George Tsaurai, a private vehicle owner, were second and
third applicants respectively in the
matter.
Through their lawyer from the Zimbabwe Human Rights NGO
Forum, the applicants are seeking a court declaration that the arrest of
passengers who board private vehicles is unlawful.
Police Commissioner-General Godwin Matanga, Harare top
police officer Walter Tembo and Home Affairs minister Kazembe Kazembe were
cited as respondents.
The applicants argued that Zupco was failing to provide
adequate transport and had created a transport crisis as hundreds of commuters
were being left stranded at bus termini.
They also argued that criminalisation of boarding private
transport was a violation of citizens’ right to human dignity and movement and
administrative justice, as the parastatal was failing to avail enough buses to
the citizens.
“The passenger cannot be arrested for hitchhiking under
sections 7(2) as read with Section 28(2) and Section 49(2) of 2016, Road
Traffic (traffic Sign and Signals) regulations, 2016 unless they are a
pedestrian who has attempted to pick up passengers at a point which is 500m from
a regulated sign which prohibits hitchhiking,” said the applicants.
“The harm which is alleged in this application is ongoing
for every passenger in Zimbabwe who is faced with the prospect of an unlawful
operation being enforced against them. The threat is yet to happen for many and
may happen to a person more than once as long as this operation continues.”
They further argued that it was not prescribed by the law
for a passenger to be implicated where a transport operator was not in
compliance with the law.
“The Road motor Transportation Act [Chapter 13:15] is very
clear in terms of who is implicated where there is non-compliance with laws
related to the transport services,” said the applicants.
“Section 7 of that Act provides that the transport operator
is guilty of an offence where there is non-compliance with the law related to
his service and shows that passengers do not have anything to do with the
non-compliance. Similarly, section 39 of the Road Motor Transportation Act
[Chapter 13:15] provides that failure to observe terms and conditions of
license or the road authority implicates the driver or the conductor of the
vehicle concerned.”
The applicants want the respondents to pay the cost of suit
at a higher scale. The matter is yet to be set down for hearing. Newsday
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