The High Court has ended the Zimbabwe United Passenger Company (ZUPCO)’s two-year long monopoly which came into effect under the Public Health (COVID -19) Prevention, Containment and Treatment (National Lockdown) Order 2020.
The law, which was promulgated at the height of the COVID-19 pandemic, barred private operators unless they joined the ZUPCO franchise.
The government said the regulations were aimed at curbing the spread of the novel coronavirus.
Bulawayo High court judge Justice Evangelista Kabasa ruled that Section 4(2)(a) of the Public Health (COVID -19) Prevention, Containment and Treatment (National Lockdown) Order 2020, was unlawful, irregular and invalid and set it aside.
The ruling followed an application by the Zimbabwe Lawyers for Human Rights (ZLHR) challenging the Order. The ZLHR said:
<blockquote>
We have stripped the state-run ZUPCO of its widely despised monopoly in the transport sector by outlawing legislation which created domination for ZUPCO to provide bus and commuter omnibus transport services to passengers across Zimbabwe.
The ban on private bus and commuter omnibus operators by the government in March 2020 made ZUPCO the only approved public transport provider, thereby spawning a major transport crisis in the country.
This compelled our lawyer Josephat Tshuma, who represented Tshova Mubaiwa, a network of commuter omnibus owners operating in Bulawayo, to in October 2021 challenge the monopoly created by the government.
After hearing arguments from Tshova Mubaiwa and respondents who included health minister Constantino Chiwenga, police commissioner-general Godwin Matanga, local government minister July Moyo, and President Emmerson Mnangagwa, Kabasa ruled that section 4(2)(a) of the Public Health (COVID -19) Prevention, Containment and Treatment (National Lockdown) Order 2020, which provides that only ZUPCO could transport passengers, is unlawful, irregular and invalid and therefore set it aside.
Several people were in 2020 left unemployed as a result of the arbitrary ban of commuter omnibuses and their right to choose and carry out a profession of their choice as provided in section 64 of the Constitution was violated.
The ban also violated their right to administrative justice as enshrined in Section 68 of the Constitution. In representing Tshova Mubaiwa, we sought to advance the rights to administrative action and the rights to a trade of one’s choice.
</blockquote>
The ruling, however, doesn’t change much on the ground as the government reversed the ban several months ago and allowed private operators to return to the roads, albeit, under associations, some of which are allegedly linked to ZANU PF.

Pindula News

High Court Ends ZUPCO Monopoly

Police in Bulawayo have launched an operation targetting public transporters operating from undesignated points in the city.
Police say that have impounded 21 buses, 45 commuter omnibuses and 15 private cars since the operation started two days ago.
Zimbabwe Republic Police (ZRP) spokesperson in Bulawayo Province, Inspector Abednico Ncube, told journalists on Friday that the impounded vehicles were taken to Ross Camp Police Station while the drivers were arrested. He said:
<blockquote>
Most of the vehicles we have impounded are not registered or have outstanding fees with the city council.
For them to be cleared, they will have to undergo inspection by the relevant authorities.
</blockquote>
Insp Ncube urged members of the public and bus operators to desist from operating in undesignated areas.
He reiterated that the police shall continue with the operation until order is restored in the city.
In Bulawayo, long-distance bus crews pick up and drop passengers along Bulawayo–Harare Road, Leopold Takawira Extension opposite Centenary Park and along Bulawayo–Plumtree Road at Jonh Love Motor, among other undesignated points, thereby disrupting the smooth flow of traffic.

Police Launch Operation Targeting Illegal Transporters In Bulawayo

Police in Harare Metropolitan Province on Wednesday, 27 April launched an operation targeting pirate taxis and illegal kombis (mushikashika) and illegal vendors.
The operation will also target unregistered cars, street kids controlling traffic and vendors at intersections.
In a statement, Harare Province Deputy Provincial Police Spokesperson, Assistant Inspector Webster Dzvova said:
<blockquote>
The Zimbabwe Republic Police, Harare Province, will conduct an operation to restore sanity and decongest the Harare Central Business District and greater Harare.
The operation will include our stakeholders, including ZINARA, VID, Ruwa Local Board, Chitungwiza Town Council, Epworth Local Board, Harare City Council and the Department of Social Welfare.
The operation will be conducted in all Harare Police districts.
</blockquote>
Asst Insp Dzvova said Mushikashika vehicles are contributing to congestion during peak hours in Harare’s central business district. He said:
<blockquote>
As Harare Province, we are worried about the congestion during peak hours, and a number of criminal cases emanating from these mushikashikas, and non-ZUPCO commuter omnibuses and buses.
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He also warned members of the public against boarding Mushikashika as they may fall prey to robbers. Said Asst Insp Dzvova:
<blockquote>
A number of robberies, rape and theft cases have occurred in which victims fall prey to these illegal transporters who misrepresent themselves as transporters, through mushikashika.
We have declared war against these mushikashikas.
We will continuously impound the mushikashika and arrest the drivers. We, hereby, appeal to commuters to avoid mushikashika. Only ZUPCO buses and omnibuses are allowed to operate.
Those with private vehicles are encouraged and warned against picking up strangers as passengers as they may end up being robbed of their motor vehicles.
Motorists should adhere to the rules and regulations of the road like stopping at traffic lights.
</blockquote>
<h4>More: <a href="https://www.hmetro.co.zw/blitz-on-mushikashika-operation-to-start-today/">H-Metro</a></h4>

Police Launch Operation Targeting "Mushikashika"

Hundreds of commuters were reportedly forced to walk to Bulawayo city centre on Friday after illegal kombi operators barricaded a major road.
According to Sunday News, the banned kombi operators on Friday morning barricaded one of the major roads in Bulawayo- Luveve Road- attacking Zimbabwe United Passenger Company (ZUPCO) buses and barring them from loading commuters.
Under the government national lockdown measures, only buses and kombis affiliated with ZUPCO are permitted to operate.
More details to follow…
<h4>More: <a href="https://www.sundaynews.co.zw/illegal-kombi-operators-barricade-road-attack-zupco-buses/">The Sunday News</a></h4>

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