Ruling reserved in Zinara licensing case

by police in Harare after Zinara scrapped the extended June 30 dead­line, argues that the police should be stopped from arresting and fining motorists. She also seeks to bar Harare City Council from clamping or penalising such motorists.
Justice Andrew Mutema reserved judgment in the urgent chamber appli­cation after hearing arguments from both parties.
Mr Farai Mutamangira and Mr Itai Ndudzo represented Zinara, while Mr Bhatasara of Bhatasara and Mutangi Legal Practitioners and Mr Dzimbabwe Chimbga and Ms Belinda Chinowawa of the Zimbabwe Lawyers for Human Rights, appeared for Ms Hanzi.
Police Commissioner-General Augustine Chihuri, Transport, Com­munications and Infrastructural Devel­opment Minister Nicholas Goche and Harare City Council are cited as respondents in the case brought to court as an urgent matter.
The application seeks to bar the police from fining, arresting and impounding vehicles whose licence discs expired on May 31 this year until June 30, the date to which Zinara had extended. Ms Hanzi also seeks to bar council from towing and clamping all vehicles without licence discs.
Zinara last week scrapped the June 30 extension deadline with immediate effect and gave police leeway to descend on motorists who use the roads without valid licence discs. Motorists and lawyers criticised Zinara for the U-turn.
According to legal experts, the deci­sion was contestable because it was in breach of the Administrative Justice Act and Common Law.
Ms Hanzi, through her lawyers, Zim­babwe Lawyers for Human Rights, is challenging the scrapping of the dead­line. Ms Hanzi contends that Zinara’s decision was not in compliance with the provisions in the Constitution of Zim­babwe, the Administrative Justice Act and Common Law. She drives a Mazda Familia and the licence disc on her car expired on May 31.