HOW EVERY MOTORIST IN ZIMBABWE CAN BENEFIT FROM JUSTICE MUREMBA’S HIGH COURT JUDGEMENT …
Mr. Andrew Makunura, we will ensure that your efforts through the courts will contribute to the Constitutional rights of every motorist in Zimbabwe being respected and upheld …
In Makunura A v Minister of Home Affairs N.O. & Ors, Justice Esther Muremba ruled on 22 February, 2017, that ZRP return Mr. Makunura’s drivers licence, and directed the state to pay legal costs. We applaud your courage and commitment to achieving justice and whilst we are pleased you have your licence back, we are exceptionally grateful that your efforts resulted in these precedent-setting statements by Justice Muremba:
“What is illegal is for police officers at roadblocks to force motorists to pay spot fines against their will.”
“The court will determine whether they are guilty or not.”
“there is no law which allows the police to confiscate the drivers’ licences of motorists in order to compel them to pay spot fines”
“The police cannot be the judge and the jury in a matter they have an interest in if a motorist is disputing the offence.”
Sadly however, despite the ruling of a High Court judge, it is still business as usual for ZRP. The ruling was handed down on Wednesday, 22 February and widely publicised across Zimbabwe, but there is no evidence that ZRP are acknowledging Justice Muremba’s views on their illegal conduct.
If the hierarchy of ZRP were to act with proper conscience, honour and adherence to the terms of the Police Service Charter, we would see an immediate return of the Form 265, drivers licences and vehicles not being withheld unreasonably, and the unconstitutional detention of motorists ended.
ZRP will be using this statement by Justice Muremba to avoid doing the right thing:
“it is my considered view that in the present case I cannot grant an order that the police should cease the practice of detaining motorists, confiscating their licences, impounding their motor vehicles and doing any other conduct that would compel motorists to pay fines on the spot against their will. This is because this relief will not apply to the plaintiff only, but to all motorists at large yet the plaintiff has not instituted these proceedings as a representative of motorists. In other words, he has not instituted a class action.”
JUSTICE MUREMBA’S RULING CONFIRMS THAT RUA IS PURSUING THE RIGHT STRATEGY …
From the outset, RUA stated “a challenge will be made at the Constitutional Court. This will be supported by a substantial dossier of supporting affidavits” Under the expert guidance of David Coltart of Webb, Low and Barry, we have been monitoring parallel proceedings in the courts, and preparing for a CLASS ACTION.
YOU CAN BE PART OF A SUCCESSFUL CHALLENGE …
The Road Users Association (RUA) is an informal organisation that has been formed by interested parties, mainly from the motoring industry and legal profession, to positively influence the unreasonable behaviour of ZRP at their numerous check points throughout the country. Our first action as an organisation is the coordination of a class action, and crowd funding to make the ConCourt challenge a reality and ultimately successful.
Before we approach the ConCourt, we must be confident of covering the legal costs for the applicants making up the class action. Through the generous support of many donors, RUA has successfully covered the majority of legal costs to date, but we are short of the anticipated funding requirement.
Donations of $20, or whatever amount you are comfortable with, are requested as deposits to:
Account name: RUA Account Merchant account no.: 49035 Account no.: 0773 072 910
EcoCash payments will receive an acknowledgement text. Feel free to also email notification of an EcoCash payment to firstname.lastname@example.org
Account name: Webb, Low and Barry Trust Account Branch: Fife Street (Bulawayo)
Account no.: 1002829690
Account name: Webb, Low and Barry Trust Account Branch: Joshua Nkomo Street (Bulawayo)
Account no.: 914 000 298 3604 (US$)
Sort code: SBICZWHX
CABS and Stanbic payments: Please reference deposits RUA – 05/R031/001 and email PROOF OF PAYMENT to email@example.com
Let us prove to the ConCourt that the illegal treatment of motorists is a national issue, that citizens across Zimbabwe are affected. We invite motorists who have had a first-hand experience of being treated unfairly, from all areas of Zimbabwe and across all demographics, to come forward. RUA’s legal representatives will assist you with the paperwork, at no cost. Register your interest in submitting an affidavit – Inbox message us on Facebook or email firstname.lastname@example.org
STAY IN TOUCH:
Register for the RUA Newsletter at www.rua.org.zw to receive updates on RUA’s progress and important issues affecting motorists.
- Email us at email@example.com (Due to the volume of correspondence coming in, replies to individual correspondence can take time. Issues of a general nature will be covered in RUA Newsletter’s and Facebook updates).
- The lawyer handling the case is David Coltart, Senior Partner of Webb, Low and Barry, Bulawayo. Mr Coltart can be contacted on firstname.lastname@example.org should any person have any queries about the nature of the case, the need for evidence and issues concerning funds required to institute the proposed court proceedings.
- Follow us on Facebook: RoadUsersAssocHOLD ZRP ACCOUNTABLE FOR THE FUNDS BEING EXTRACTED AT THE ROADSIDE:Record your traffic fines at http://www.rua.org.zw/upload-your-fine Your response will help to compile a database of ZRP traffic fines which will be used to promote accountability from the ZRP and to gauge the extent of fines throughout the country. We are particularly interested in fraudulently imposed fines for non-offences, including reflectors in doors, the space-saver spare wheel, and speeding fines relying on defective, uncalibrated speed guns, etc.Motorists of Zimbabwe, enough of complaining that ‘enough is enough’!! This is your chance to DO SOMETHING! We look forward to your positive and urgent support …
The Road Users Association – In response to a collective demand from across Zimbabwe for ACTION.
Email: email@example.com Website: www.rua.org.zw
Circular: 6 March, 2017