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Spray Painter (Harare)

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Legal & Compliance Manager (Harare)

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Tendy Three Investments (TTI), the company that manages parking in Bulawayo’s central business district (CBD), says it has fired over 200 employees for clamping motorists indiscriminately and violating company policies.
TTI managing director Lizwe Mabuza told the <a href="https://www.chronicle.co.zw/tti-fires-200-employees-for-harassing-motorists-over-clamping/">Chronicle</a> that they received complaints from motorists who said they were harassed by TTI employees and clamped for outstanding tickets of as little as US$5 which he said is against the company’s policy.
Mabuza asserted that TTI has zero tolerance for non-compliance to procedures by its employees, adding that every employee knows what constitutes an offence and what does not. Said Mabuza:
<blockquote>
The position is very clear, a motorist owing anything below US$5 cannot be clamped.
The system easily picks that up once the customer comes to our offices for payment and once that is picked, we do not hesitate to relieve such an employee.
Why should we keep employees who keep on tarnishing our image, in fact to date since we started operating here, we have relieved over 200 employees of duty.
We get a lot of complaints against our employees especially the enforcers, those who do the clamping, but not every complaint is genuine.
Naturally, a motorist who has been clamped gets angry and as a means of trying to create a pure self, will want to accuse our employee of harassment and all sorts of allegations, while we listen we also look at the authenticity of those claims and in most cases, the employee would have done justice to duty.
</blockquote>
In November 2023, the Local Government and Public Works Minister, Winston Chitando promulgated Statutory Instrument 220 of 2023 which approved Bulawayo’s 2023 clamping and tow-away by-laws.
The regulations gave TTI authority to ticket any motorist that drives or parks a vehicle without a valid licence disc within the city.
The by-laws also made it mandatory for all public service vehicles to have litter bins. According to Item 4, part 1 of the by-laws:
<blockquote>
… any authorised person may, if he or she has reason to believe that a violation of traffic by-laws referred to in the Schedule has been committed— (a) immobilise or cause such vehicle to be immobilised by way of a wheel clamp; and (b) if the motor vehicle has not been clamped and the relevant charges incidental thereto paid, subsequently remove and tow away the motor vehicle to a secure compound after a period of at least two hours has elapsed: Provided that a motor vehicle shall be clamped simultaneously with the issuance of a traffic ticket for the violation of the by-laws; and (c) in the case of either a co-operating or first-time offender, an authorised person may escort the offender to a secure compound with the owner or driver of the offending vehicle driving. An authorised person, provided is licensed according to the Road Traffic Act (Chapter 13:11), may drive an impounded vehicle to the storage compound at a cost equivalent to that of tow fees.
</blockquote>
Vehicle clamping in Zimbabwe is contentious and residents have taken local authorities to court over the issue.
In May 2022, the Bulawayo Progressive Residents Association (BPRA) argued <a href="https://www.newsday.co.zw/local-news/article/2713/motorists-bemoan-rampant-car-clamping">that TTI was unnecessarily clamping cars</a>, instilling fear in motorists.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Bulawayo Parking Company Boss Says 200 Marshals Fired For Indiscriminate Wheel Clamping

Bulawayo City Council has warned motorists who evade paying parking fees by removing wheel clamps from their vehicles that they risk being jailed.
This was said by Bulawayo City Council Acting Senior Security Traffic Officer, Ndumiso Ndlovu, in an interview with <a href="https://cite.org.zw/jail-sentence-for-motorists-who-illegally-remove-clamps-from-their-vehicles/">CITE</a>.
Ndlovu was speaking on the progress of the city parking system, which is being implemented by Tendy Three Investments (TTI).
TTI is set to effect new parking packages on 01 June 2023. The packages come in three categories, Silver package pegged at US$30 per week, Gold Package pegged at US$60 per fortnight and US$90 per month.
Ndlovu acknowledged that there are instances where clamped motorists remove the clamps from their cars and drive off. He said:
<blockquote>
That is a very serious offence that one can be reported to the police. According to the city by-laws, one can be jailed for up to a year or can be fined up to US$50 or both.
… As a council, we are selling parking time. As such we have demarcated and clearly marked parking bays with white boundary lines which are either broken or solid.
The ones demarcated with yellow lines are totally different and you have to fall into specific categories to park there. 
These are taxi bays, offloading bays, cyclist bays, ambulance, etc.
However, by practice, we do not clamp any vehicles where parking bays are not clear.
The challenge comes up when you avoid the demarcated bays and park elsewhere.
</blockquote>
BCC parking project manager, Vusisizwe Sibanda, said that according to the city by-laws, motorists should pay first before leaving their cars. He added:
<blockquote>
At the beginning of June, we are introducing a system where we are saying for the first five hours if you have not paid you will not get clamped.
It is only after you have accumulated five hours that you will get clamped. This will benefit those who would have forgotten to pay.
Accumulation of a debt of five dollars is quite justifiable for attracting a fine.
The penalty would be clamping fee for $10, a fine of $10 and the amount that you would be owing for parking.
</blockquote>
TTI chairman, Lizwe Mabuza, said they have improved their system to make it more convenient for motorists. He said:
<blockquote>
We have made changes to our systems. The system we have now is such that when the marshals print a ticket for you it will show the time you have paid, when it will expire and underneath it will show if you have arrears.
These can be debts dating as far back as you have accumulated them. If the information is not very clear to you, you can ask for a detailed printout which will show the amount of time you parked and the location.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Motorists Who Illegally Remove Wheel Clamps Risk Imprisonment

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 <a href="https://www.newsday.co.zw/local-news/article/200008828/motorist-demands-us132-fine-refund">NewsDay</a>.
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:
<blockquote>
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.
</blockquote>
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:
<blockquote>
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.
</blockquote>
On Monday Harare mayor Jacob Mafume said motorists who delay paying parking fees by two hours will be allowed to pay.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Harare Motorist Demands US$132 Fine Refund From City Parking

Harare City Council has bowed down to pressure from motorists following an uproar over the US$132 fine the local authority was charging for failing to pay parking fees on time.
Last week, the council’s subsidiary, City Parking, deployed its marshals who were clamping all vehicles whose owners were delaying paying US$1 parking fees.
Motorists who delayed paying the US$1 parking fees were fined US$132 for their vehicles to be unclamped.
Addressing council officials on Monday, 13 March, Harare mayor Jacob Mafume said motorists who delay paying parking fees by two hours will be allowed to pay. <a href="https://www.newsday.co.zw/local-news/article/200008776/hcc-relents-on-parking-fines">NewsDay</a> quoted Mafume as saying:
<blockquote>
We have developed a protocol that a motorist first pays US$1. However, because of delays of two hours, the motorist will be allowed to pay for the arrears ticket.
Those motorists with large sums of arrears are the ones to be clamped for failure to pay the stipulated (fee).
We delayed the implementation of towing-away and storage charges. The ticket was US$229 for towing and storage on the same day.
If a vehicle is clamped, a person is given time to pay for the offence before clamping and towing charges can begin to operate.
Our fines are US$50, and clamping charges US$65, which sum up to US$132 after value-added tax.
We will delay the implementation of the clamping charges so that if you pay your fine within the stipulated period, then the charge for the clamping will not accrue, hence reducing the fine significantly.
We need to increase our payment system so that people can pay on the EcoCash platform and other service providers and also our WhatsApp chatbot.
</blockquote>
Mafume reminded Harare motorists that stepping on white lines, double parking and wrong parking, are traffic offences.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Harare City Council Adjusts Parking Fines

ZANU PF has condemned the CCC-dominated Harare City Council over the manner in which City Parking has been enforcing traffic by-laws in Harare’s central business district which has resulted in chaos and inconveniences to motorists.
Some motorists have threatened to sue the local authority after clashing with City Parking marshals.
ZANU PF secretary for Local Government and Devolution Supa Mandiwanzira urged Harare City Council to ensure that its marshals treat people with dignity. <a href="https://businesstimes.co.zw/zanu-pf-seethes-over-harare-chaotic-parking-system/">Business Times</a> quoted Mandiwanzira as saying:
<blockquote>
We are very concerned with the way motorists in Harare and elsewhere are being treated by city fathers, particularly the parking marshals.
The people are being abused and there have been skirmishes between citizens and marshals. This is not the way to treat people.
I call the Mayor and his CCC officials to make sure people are not harassed. My message to the city fathers is ityai Mwari, musada mari.
</blockquote>
Local Government, Public Works and National Housing Minister July Moyo has since appointed a team to investigate City Parking’s operations.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

ZANU PF Condemns City Of Harare Over Parking Chaos

Harare businessman Nigel Chanakira has shared some tips on how motorists can avoid wheel clamping by City Parking marshals.
The Harare City Council recently gave City Parking marshals authority to clamp and fine traffic offenders in the Central Business District (CBD).
<a href="https://twitter.com/nigelchanakira/status/1633487521635082242?s=20">Posting on Twitter</a> on Wednesday, Chanakira said his vehicle was clamped by the marshals while he was in a meeting.
He said he was asked to pay US$130 by City Parking, an amount he said “is totally disproportionate to the offence”.
Chanakira also took to <a href="https://www.facebook.com/572532170/posts/pfbid0KWKbFDXLwnhEKwSyXcXP6CXxUsiZ3uA4GHbnthWm443er8Mi3FAZZ8GTJA3VoZWXl/?mibextid=Nif5oz">Facebook</a> on Thursday where he shared 12 tips on how motorists can avoid falling foul of Harare City Council’s “unjust” by-laws. He wrote:
<blockquote>
We sending this message as an awareness when driving into Harare CBD on happenings that are of serious concern. We don’t want anyone to fall victim to the injurious by-laws in Harare CBD…
Please if you enter Harare city, be more cautious about correctly parking your car than about thieves and touts. Ndezvakudhara zviya.
1. Park your car in the correctly provided lot marked in white. If you can’t see the white, find the white and park there!
2. Make sure your four wheels don’t straddle the white markings. See the white. Don’t do the yellow ⚠
3. Immediately pay for your parking time. Look for the parking marshal within 2 minutes of parking and pay💰
4. Never leave your car before you pay unless you have approached a marshal and you have a person in the car to explain to clamping officers that someone is looking for the marshal.
5. If you’re alone and you can’t see the parking marshal do not leave your car unattended with no parking ticket. Stay there patiently until the marshal comes or is in view.
6. Alternatively you can pay using Ecocash after registering your car reg. no at *192#. Only then can you leave your car without a parking ticket, but with evidence in your phone of time payment done and hours paid for. This is the only explanation that can be entertained once your car is clamped.
7. Please pay for the exact time/ hours not estimate. If your time expires whilst you’re still caught up somewhere, you’ll pay heavily for the 4 minutes expired time. There is no explanation that can be entertained. You’ll lose USD132.00 to Council, penalty for 4 minutes for not paying RTGS900 for 1 hour. That’s the law as it stands. Mari irikutobuda zviripamutemo.
8. If you don’t pay USD132.00 after clamping, in 2 hours your car will be towed for USD50.00 to Council depot where it will attract USD50 storage fee per day until you take it out for another heftier penalty.
9. Never drop or pick up a passenger anywhere in an undesignated area. Parka mota yako woburutsa sekuru kana mbuya kana passenger yawakwidza. Sekuru vanosungwa vakabhadhariswa USD30 zvisina defence, zvakabhekwa nemurawu.
10. DON’T break the parking by-laws banking on a friend or contact at the Council to bail you out.
11. Unsuspecting Motorists and passengers are being sued and fleeced of their hard-earned cash through unscrupulous by-laws and please be warned and warn your other innocent public.
12. Beware of scammers and imposters pausing as Council police adding to the violence.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

Tips For Harare Motorists On How To Avoid Clamping By City Parking

The Minister of Local Government, Public Works and National Housing, July Moyo has appointed a team to investigate operations of the City of Harare and its subsidiary company City Parking.
The Harare City Council gave City Parking marshals authority to clamp and fine traffic offenders in the Central Business District (CBD) and this has caused an uproar as the owners of clamped vehicles are being fined US$130 cash.
<ul>
<li>The issues that are being investigated are parking include:</li>
<li>The parking fees</li>
<li>The average daily collection levels</li>
<li>The shareholding structure between Council and City Parking</li>
<li>The role of the Municipal Traffic Police in Parking</li>
<li>The relationship, if any, between the ZRP Harare Traffic and City Parking</li>
</ul>
In a letter written to the spatial planning and development department, Moyo said:
<blockquote>
As provided for in section 313 of the Urban Councils Act (Chapter 29: 15) and as read with ministry circulars regarding deployment of investigation teams, City of Harare will bear the costs of the investigation, which I expect you to complete within 10 (ten) working days, whereupon you shall compile a report of your findings for my consideration within five working days.
</blockquote>
Responding to concerns raised by motorists over exorbitant clamping fines on Twitter on Wednesday, Harare mayor Jacob Mafume said they will seek to strike a balance between the fines and what people can afford. <a href="https://twitter.com/JMafume/status/1633526761936805916">He said</a>:
<blockquote>
We have noted the concerns of the public on this issue. We will be calling a Press Conference tomorrow (today) together with city parking to announce the recommendations we have received from the public. We have to strike a balance between the fines and what people can afford.
</blockquote>
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

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