Harare amends Clamping and Tow Away by-laws

HARARE - Harare City Council is amending its Clamping and Tow Away by-laws to empower municipal police to issue traffic tickets and prolong periods a vehicle can be impounded to enable thorough vetting of vehicles.

According to environmental management committee minutes, the city had sought permission to use “reasonable force” but was turned down by the Attorney General’s (AG) office.

Among some of the major highlights in the amendments are the extension of the Central Business District to Charter and Enterprise Roads, Tongogara Avenue and Rotten Row Street.

“Section 4 of the principal by-laws had been deleted and substituted with a provision taken from the Bulawayo City Council (BCC) by-laws that motor vehicles shall be clamped simultaneously with the issuance of a traffic ticket for violation of the Harare municipal by-laws. This would help the authorised person in enforcing the by-laws and dealing with traffic offenders who attempted to drive away in order to evade enforcement,” read part of the minutes.

Acting chamber secretary Charles Kandemiiri said the amendments were changed after the initial set was rejected by the AG’s office for legal drafting.

He said council was not happy with some of the changes that had been effected which is why they had not been gazetted as stipulated by the law.

Kandemiiri said the new by-law took some provisions from BCC which had been approved by the AG’s office.

“Council had proposed the insertion of a clause which provides for the use of reasonable force in order to overcome resistance by the drivers. However, this was left out. The AG’s office justified the omission by saying that the office has the discretion to change whatever needs to be changed in order to come up with good and applicable laws.

“They also said that they cannot allow municipal police to use force in order to enforce the by-laws because reasonable force is subjective and they wanted to avoid the use of spikes. So for the time being, we will not pursue this issue,” Kandemiiri said.

Comments (1)

Instead oflooking for extention of clamping periods they should look at better ways of vetting that are fast. The objective should be people abiding by the law not this mafia objective of milking more money.

muzimbo - 13 September 2017

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