Stubbon Harare man cuts off City Council clamps with saw {Watch

316
0

A daring man has been captured on camera cutting Harare City Council clamps with a hacksaw. This follows precedence set by the Supreme court that council does not have powers to arrest or clamp and tow vehicles

The man successfully removes the clamp before some council officials approach his vehicle.

It is not clear how the drama ended and probably he will be charged with a misdemeanour.

It is illegal for Harare City Council to clamp and tow away vehicles parked in the city centre without displaying parking discs, the Supreme Court has ruled.

However, council can fine offenders under its 1983 regulations and if they do not pay within four days, it should have them prosecuted in court.

The Supreme Court made the ruling after a Harare motorist, Ms Melody Muza, challenged the municipality for clamping and towing her car for failing to display a parking disc while she was parked in a council bay along Park Street in May last year.

Justices Elizabeth Gwaunza, Tendai Uchena and Lavender Makoni, sitting at the Supreme Court, made the ruling on October 14, stating that council could only legally act under the Harare Traffic By-Laws of 1983.

On May 3 last year, Ms Muza parked her car along Park Street in the capital at around 12.30pm.

Municipal police clamped her car saying she had failed to display a parking disc during the time she was parked. Ms Muza was then fined $57 which was supposed to be paid at City of Harare offices at Cleveland House.

Before proceeding to pay the penalty, Ms Muza tried in vain to negotiate with municipal police who insisted on her paying the money reflected on her ticket.

Ms Muza sought legal advice and was told that it was illegal for municipal police to clamp and tow away the vehicle for any crime other than those provided in the First Schedule of the Harare Traffic By-Laws of 1983.

Ms Muza then decided to institute legal action against City of Harare arguing that the circumstances under which her car was clamped and towed were not covered.

She also argued that she was supposed to be given four days to pay the penalty before her car was towed and the City of Harare was supposed to take her for prosecution in the event that she failed to settle the penalty fee.

Through her lawyer, Mr Stansilous Tapiwa Mutema of Stansilous and Associates, Ms Muza filed an urgent chamber application for spoliation at the High Court, that is a temporary order that restores possession of property to a holder while the main legal action.

LEAVE A REPLY

Please enter your comment!
Please enter your name here