Spot fines illegal - You are not compelled to pay on the spot

Home Affairs minister Ignatius Chombo, Commissioner-General of Police, Augustine Chihuri and Attorney-General, Prince Machaya, have unanimously conceded it is unconstitutional for traffic police officers to detain and demand payment of spot fines from motorists at roadblocks.

The trio made the concessions in response to a High Court application filed by a Harare motorist, Andrew Makunura, who was last year allegedly ordered to pay a spot fine for not having a radio listener’s licence, but went on to file a constitutional challenge against payment of spot fines.

In a combined plea, while acting in their official capacities, Chombo, Chihuri and Machaya, together with the arresting officer, Agrippa Chinyama, denied infringing Makunura’s constitutional rights.

They said the applicant had an option to pay or not to pay the said spot fine on the day in question.

“The actions and conduct of the respondents (Chombo, Chihuri, Machaya and Chinyama) are guided by the law, rules and regulations. The third defendant (Chinyama) denies detaining the plaintiff,” they said through their lawyers from the government’s civil law division.

“Neither are motorists compelled to pay fines on the spot. It is only a person, who has committed an offence and admits to doing so and is willing to pay the fine, who has an option to pay a fine on the spot. In this case, the plaintiff (Makunura) opted to pay a fine for not having a listener’s licence for which he paid $10.”

They added: “He was not at all compelled to pay a fine. Spot fines have already been declared to be unconstitutional in terms of the old Constitution and defendants (Chombo, Chihuri, Machaya and Chinyama) have no reasons to disrespect the law.

Source-Newsday