Your readers should be aware that the Traffic Regulations (Construction, Equipment and Use), Statutory Instrument 412 of 1972 is back in force. SI 154 of 2010 is invalid and void.
The background to this development:
The Portfolio Committee on Transport and Infrastructure Development, sitting on 29 May 2014, received submissions calling for proper implementation of SI154/2010. SI 154 was declared invalid and void by Justice Bere in the High Court in November 2012. After the State’s appeal to the Supreme Court was struck off for technical reasons, the current legal position is this: Justice Bere’s decision applies, SI 154 is not in force, and the previous regulations (SI 412/1972) are still in force.
The attached update reflects the requirements of SI 412/1972 (Construction, Equipment and Use) for the guidance of motorists.
Important: They do not constitute a recommendation to reduce or give up any safety features and other steps which individuals may have adopted to comply with SI 154/2010
OPTIONS AVAILABLE TO MOTORISTS WHO FEEL THEY HAVE BEEN TREATED UNFAIRLY:
A motorist can decline to admit guilt by referring to the warning at the top of the Admission of Guilt form (Z.R.P. N.TFC) that provides the option of appearing in magistrate’s court. However, a good starting point is speaking to the officer-in-charge of the roadblock, who being more senior might treat the issue with discretion and experience. If not, the motorist can request to speak to the officer-in-charge of the police station from which the roadblock originated, or phone one of the senior ZRP officers listed in the ZRP Traffic Contacts. At all times calm and courteous behaviour will contribute significantly to a fair outcome.
If the motorist decides to pay the deposit fine but wishes to take the matter further, when the ZRP member completes the Admission of Guilt form, the motorist should politely request that the Charge (Section and Statutory enactment) field, be completed legibly and with the relevant information.
It is important to note that Form 265, providing the facility of paying within seven days, is NOT available as an option.
A comprehensive list of Contact Numbers issued by ZRP – Public Relations in August, 2015 is attached as a .pdf document.
Our current Cubbyhole notes (version 11, Sep-15) cover the most frequently encountered issues at checkpoints, and the relevant deposit fines. This is attached as an easily printed .pdf document, however anybody having difficulty with the document can email us at firstname.lastname@example.org Updates will be posted on http://www.bigsky.co.zw/cubbyhole-notes Facebook.com/BigSkySupplies and on Twitter @BigSkySupplies
Sources and our grateful acknowledgements are listed in the Cubbyhole notes.
Your readers should find the notes useful; however any comments, corrections or queries are welcome.