adminTichawana Nyahuma Legal Matters
Lately, there have been a spate of worrying reports of Traffic Police officers who have been struck and injured, or even killed, by motor vehicles at road blocks. Some have been observed precariously clinging, movie-style, onto bonnets or doors of fleeing kombis or pirate taxis in an attempt to arrest errant drivers.
The question that is looking for an answer is why this sudden upsurge in incidents of that nature? One school of thinking is that the said incidents have increased in tandem with the rise in the volume of vehicular traffic on our roads. The other is that Traffic Police have unnecessarily become too visible on our roads to the extent of being viewed by road users as a nuisance and an inconvenience to the motoring public resulting in some becoming stressed and impatient and end up attempting to escape from the roadblocks.
Police are obviously authorised by law to mount roadblocks on any road anywhere and at any time. In doing so, they enforce road rules and regulations. However, as they do so, they have an obligation to ensure their own safety as well as that of all other road users, including pedestrians and animals. From where I am sitting, it is doubtful if the police still prioritise safety.
Indeed, the inference is irresistible that today, the motive by the police is no longer enforcement of road laws but that road blocks are now money-spinning ventures. No wonder the ZRP is now sometimes colloquially referred to as the Zimbabwe Revenue Police. This is because in recent years, police officers assigned to man roadblocks are now noticeable more by the ticket books they will each be clutching as if their very lives depend on them rather than by their official uniform.
This is unlike in the old days when, at a roadblock, only one officer was assigned the duty of issuing traffic tickets and collecting fines. In fact, some Traffic Police officers today may be likened to the ancient conventional bus conductor who was only recognisable by his ticket book. I dare say that if all motor vehicles on our roads were inspected and found without any defects and the drivers complied with all road rules and regulations, these officers would not be too pleased because then their source of revenue would dry up.
I also note that the manner in which these roadblocks are being set up is no longer the same as in the old days. Back then, a motorist would never suddenly find himself at a road block because there were clear warning signs that one was approaching a police road block. Remember the “Police Ahead” sign? It is now as rare as a snake’s legs.
Upon observing such a sign, motorists would obviously slowdown in anticipation of stopping. Accordingly, chances of any mishap at the road block were reduced to almost zero. In addition, the road would really be “blocked” in that physical barriers were put across a lane to ensure no motorist shot through. At nightfall, they would mount a blue strobe that was visible from afar so that approaching traffic would be in no doubt that there were police officers manning a road block ahead.
I also recall that on either end of the road block would be an armed police detail in case a motorist attempted to escape. At today’s road blocks, officers carry spiked bars to puncture tyres of non-compliant drivers. To complete the picture, there was normally always at every road block a marked police vehicle. This whole set up made it almost impossible for people to mount fake road blocks. Fast forward to today and the situation is totally different.
Traffic Police officers scatter themselves on the road with no warning at all of their presence. Each of them will be armed with a ticket book and a baton stick. When they are signalling to a motorist to stop, they menacingly point the baton stick at the driver. Is this the purpose for which they will be carrying them?
The result is that by the time the vehicle gets to where the police officer is, the atmosphere is already charged and as a result the ensuing conversation will be less than civilised. It is said that these types of road blocks are part of “a blitz”. But how can a blitz last all year for four years?
I have perused the relevant statutes and have not found a section that talks to the so-called blitz. If this is tucked away somewhere in the police manuals far from public eyes, then I am of view that a blitz should be something that is done very sparingly, eg where robbers are known to be roaming or where police are after a particular vehicle.
There is, accordingly, the possibility that such “road blocks” could very well be unlawful unless of course they are authorised by the Commissioner-General of Police in terms of the wide powers given to him by Section 9 of the Police Act. The number of road blocks in Zimbabwe in recent years has tended to be far too high. It is now very common for a motorist to encounter not less than 10 road blocks on a 50km stretch. Is this really necessary in a country as peaceful as Zimbabwe?
There also seems to be no proper manner in which motor vehicles are stopped at road blocks. Motorists are now ordered to stop and are inspected right in the middle of the road without due regard to other traffic. The result has been massive congestion, particularly during peak hours. In fact, there are many accidents that have occurred at road blocks due to this style of policing. Furthermore, some police officers literally jump in front of vehicles in motion as a way of stopping them. Needless to say, such conduct is both unnecessary and dangerous.
With respect to dressing, Traffic Police are now clad mainly in green reflective jackets over and above their usual official regalia. This deserves applauses as the jackets are much more visible than when they used the white sleeves of old. However, sometimes the green jackets can easily be confused with those worn by air time vendors. Resultantly, they are difficult to distinguish, particularly in city centres, where Traffic Police compete for space with air time vendors.
Police are also empowered by the law to order the driver of any motor vehicle to produce his driver’s licence. But stories abound where, upon handing the driver’s licence, the officer holds on to it while attending to other matters on the vehicle or even to other drivers. It must be noted that when issuing a traffic ticket, there is nowhere where the particulars of the driver’s licence are required. One then wonders why the officers continue to hold onto the driver’s licence long after they are satisfied that the driver is properly licenced.
Indeed, the argument is attractive that the intention is to use the driver’s licence as some sort of security to prevent the driver from taking off — but what law do the police use to do that? With regards to traffic light-controlled intersections, it seems many officers do not quite appreciate how the lights function. There are many reports of motorists who have been fined for going through what the police refer to as “late amber”.
This occurs when at the time the vehicle enters the junction, the light is green but turns amber when the vehicle is half-way through. It happens quite often that officers signal the driver to stop and charge him for going through a red light. Many motorists end up just paying the fine as a way of avoiding delays.
I conclude by touching on the requirement for every vehicle to be equipped with a serviceable fire extinguisher. It is fortunate that it is not a crime to be in possession of the fire extinguisher without being able to operate it otherwise many-a-driver would have been fined at one time or another because most have no idea how they are used. This is particularly sad with respect to public transport operators because their crew also have no idea how the fire extinguishers are to be employed in the event of a fire.
That’s my case.
Tichawana Nyahuma is a lawyer and he writes in his personal capacity. Feedback: nyahuma.t@gmail .com
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