I pen this as a concerned Zimbabwean, not in defiance of the law, but in genuine pursuit of fairness, due process, and clarity.
My experiences with the Harare municipal traffic enforcement have left me—and many others—questioning not only the legality but also the morality of how our city is enforcing its traffic by-laws, particularly in relation to alleged “obstruction.”
My plea is simple: clarity, accountability, and the restoration of trust between municipal authorities and motorists.
Trapped behind the wheel: A Harare motorist’s cry for justice and clarity
Let me begin with my own encounters
On the first occasion, I entered Mbare Msika bus terminus with the sole intention of dropping off a relative.
Like many others, I was caught in traffic—vehicles in front and behind me in an already congested space.
Suddenly, officers appeared, blocked the front, and began clamping vehicles indiscriminately. I stopped, assuming it was the lawful thing to do while waiting for the confusion to clear. T
o my shock, officers approached, button sticks in hand, and informed me I was under arrest for obstruction.
My vehicle was clamped, and I was instructed to drive to their yard. A fine notice was issued only later, and I was told my vehicle would be towed if I refused to pay.
This is where my confusion began:
What exactly constituted obstruction in this context?
Where were the signs?
What justified clamping and threatening to tow a compliant, non-resistant motorist?
My second encounter was even more jarring. I was driving along Masotsha Ndlovu toward Seke Road. There was traffic, so I slowed down.
A man in plain clothes forcibly entered my vehicle and declared I was arrested for obstruction.
Two women also in civilian attire joined in, claiming to be from City Council.
Again, no notice, no clear explanation—just an instruction to drive to the holding bay and pay. And again, I complied, though I remained deeply unsettled.
Now, let’s step out of the emotion and into the facts.
What do the Harare (clamping and tow away) by-laws actually say?
These by-laws were gazetted under Statutory Instrument 104 of 2005. They give the City Council powers to clamp and tow vehicles parked illegally or in violation of specified traffic regulations. However, the procedures are very specific—and here is where motorists must know their rights:
1. Issuance of a traffic violation notice (TVN):
The law requires that a TVN be issued to the driver or attached to the vehicle. This notice must detail the nature of the offense and the payable fine. The motorist is given four working days to either pay the fine or lodge an objection.
2. Right to contest the fine:
If you object to the TVN, you are allowed to request that the matter be referred to the municipal court. The City Council is required to respond to your objection within 14 days.
3. Conditions for clamping and towing:
If a vehicle is left unattended and is parked illegally, it can be clamped.
Towing is only justified if the motorist refuses to pay the fine or if the vehicle is deemed to cause a danger or obstruction in an immovable state.
If the driver is present and willing to settle the fine, towing should be a last resort, and impounding must follow clear legal procedures, including providing formal documentation.
4. Unlawful entry by officers:
Officers, even if in plain clothes, must identify themselves and follow proper procedures. Forcing entry into a vehicle without a warrant or consent is potentially a criminal offense.
5. Payment and release:
Once a fine is paid, the vehicle must be released promptly. Further penalties (like storage fees) must be transparently communicated in writing.
Where do these procedures break down in practice?
In both my cases—and in stories I heard from other affected motorists—these safeguards were either ignored or deliberately bypassed:
TVNs were either delayed, vague, or never issued at all.
Officers acted without identifying themselves or explaining the basis of the charges.
Compliant motorists were still subject to threats of towing and detention.
There was no room given to challenge or appeal on the spot, even when the offense was unclear.
This kind of enforcement doesn’t uphold the law—it undermines it.
A call to the city of Harare and lawmakers
This letter is not a complaint in isolation—it is a cry from the road.
Many motorists are compliant, decent citizens who respect the law. But we need the law to respect us, too.
What we are asking for is not leniency; we are asking for clarity, accountability, and humane enforcement.
Let us return to the basics:
Why are clamping and towing being used as first, not last, resorts?
Why are officers enforcing laws without proper identification or paperwork?
Why are there no clearly marked drop-off points at critical areas like Mbare Msika?
Why do some motorists feel trapped and coerced into paying fines they don’t understand?
The Way Forward
1. Public education campaign:
City Council must invest in an awareness campaign explaining the bylaws in simple terms.
2. Officer training and identification:
All municipal officers enforcing traffic laws should be uniformed, badged, and accountable.
3. Digital fine systems:
Introduce SMS or online platforms for instant TVN issuance and appeals—less corruption, more transparency.
4. Redesign critical traffic zones:
Create clear signage, drop-off points, and visible enforcement rules at areas like Mbare, Copacabana, and Charge Office.
5. Independent review committee:
Motorists should be able to submit grievances to an independent oversight body outside the City Council’s control.
To the City of Harare: I respectfully ask for your public response. You owe it to your residents. You owe it to your oath of service. And above all, you owe it to the vision of a just and functional city.
We are not above the law. But we refuse to be trampled beneath it either. Justice must never be selective, and the law must never be used as a weapon of confusion.
We need answers. We need reform. We need leadership.
Concerned motorist, citizen, and advocate for procedural justice
