A Harare motorist, Gladman Bandama, has given Harare City Council’s subsidiary City Parking a 48-hour ultimatum to return the US$132 he was made to pay after his vehicle was clamped in the central business district on 8 March, reported NewsDay.
City Parking marshals clamped Bandama’s vehicle over parking fee arrears and then fined him US$132 to have the vehicle released.
He is being represented by Tinashe Chinopfukutwa from the Zimbabwe Lawyers for Human Rights (ZLHR).
Bandama’s Toyota Corolla was clamped at the Central Vehicle Registry offices along Robson Manyika Avenue.
Allegations are that Bandama had paid parking fees for an hour, but was delayed by 15 minutes only to find his vehicle clamped.
He reportedly offered to pay the parking fees for another hour, but the marshals refused and billed him US$132 in fines.
The vehicle was not towed away after he paid the fine. Wrote Chinopfukutwa:
In terms of section 4(4) of the Harare (Clamping and Tow Away) By-laws 2005, clamp charges are only chargeable when a motor vehicle has been moved to a secure compound.
There is no legal provision for payment of clamp charges when the vehicle has not been moved to a secure compound.
The lawyer further argued that parking marshals had no legal authority to enforce traffic by-laws on behalf of the City of Harare. He wrote:
In terms of section 4(6) of the Municipal Traffic Laws Enforcement Act, an authorised person is a peace officer or a person employed under any law as a parking supervisor.
In the instant case, your parking marshals are neither peace officers or employed in terms of any law.
On Monday Harare mayor Jacob Mafume said motorists who delay paying parking fees by two hours will be allowed to pay.
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