Transportation Act.
After the sentence was delivered, the touts shook their heads in disbelief before bursting into tears.
Their relatives who were in the gallery, joined in and started wailing.
Last Friday, Mr Ndirowei ordered 54 touts and 12 commuter omnibus drivers to pay a US$50 fine each or risk going to prison for 30 days.
The touts and drivers were rounded up by the police at various bus ranks last week.
They were facing charges ranging from touting to driving without adequate documentation.
This was part of a joint operation involving municipal officials and the police. The operation is aimed at restoring order at city ranks.
Twelve drivers also appeared in court for contravening Statutory Instrument 168/06 that makes it compulsory for public traffic drivers to meet certain requirements.
The drivers did not have proper documents such as re-tests, driver’s licences for the relevant class, medical endorsement and defensive driving certificates.
Some were convicted of driving public transport when they were below the age of 25.
Zimbabwe’s traffic laws prohibit persons under the age of 25 to drive public transport.
In aggravation, prosecutor Mr Nyikadzino Machingura said the 49 touts committed a prevalent offence, which called for a stiffer penalty.
“Your worship, these people cause commotion in town while fighting for passengers. They use vulgar language and the society needs protection from them.
“Community service or fines will trivialise the offence because they will just pay the fine and go back to the ranks therefore a message needs to be sent to would-be offenders.”
Mr Ndirowei then sentenced them to three months in jail each without the option of a fine or community service.
Mr Machingura told the court that on October 31, Harare Central Police operations section embarked on an operation targeting public vehicles around the city.
The targeted ranks were Market Square, Fourth Street and Copacabana.
Mr Machingura said the touts were disturbing the free movement of commuters and making noise in the city while touting for passengers.
A fortnight ago, 13 commuter omnibus drivers were jailed for six months each for failing to produce adequate documentation.



