Tollgate fees hearing set for tomorrow

The urgent High Court application to stop the Transport ministry and the Zimbabwe National Roads Administration (Zinara) from unilaterally hiking tollgate fees has been set for tomorrow, says Zimbabwe Lawyers for Human Rights (ZLHR).

Joshua Shekede of Wintertons Legal Practitioners, a member lawyer of the ZLHR told The Zimbabwean that the matter is set to be heard before Justice Joseph Mafusire.

“The matter has been set for tomorrow at 9 am before Justice Mafusire,” said Shekede.

On Wednesday, the ZLHR filed an urgent High Court application seeking to nullify government’s 100 percent increase in toll fees, with effect from July 11.

ZLHR, represented by Selby Hwacha, a senior lawyer and a board member at the organisation, filed the application questioning the validity of the Toll Roads (Regional Trunk Road Network) (Amendment) Regulations,

2014 (No. 5) Statutory Instrument 106/2014, which was used to hike the toll fees.

The ZLHR is seeking to have a statement issued by the Transport Minister, Obert Mpofu, last Sunday nullified. ZLHR is arguing that the unilateral toll fee hike contravenes Section

68 of the Constitution that provides that every person “has a right to administrative conduct that is lawful, prompt, efficient, reasonable, proportionate, impartial and both substantively and procedurally fair.”

The ZLHR is arguing that government increased the toll gate fees without consulting (ZLHR) and the general motoring public.

“Zinara will proceed to implement Statutory Instrument 106/2014 come Friday 11 July 2014,” says the ZHLR arguing that Mpofu did not act lawfully, reasonably or in a fair manner by unilaterally increasing the fees, thereby contravening Section 3 of the Administrative Justice Act, Chapter 10:28.

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