Published by the government of Zimbabwe
31 December 2008
Harare — TWENTY-SEVEN drivers, conductors and rank marshals were each jailed for an effective three months for touting for passengers at various pick-up points in Harare while 15 others were ordered to perform 10 hours of community service.
The 27, who pleaded guilty to contravening sections of the Road Motor Transportation Act, were separately jailed by Mbare magistrates Mrs Rebecca Kaviya and Ms Jessie Kufa, while senior magistrate Mr Lazarus Murendo sentenced the 15 to community service at the Harare Magistrates' Courts.
The jailed touts were sentenced to four months in prison before one month was set aside on condition that they are not convicted of similar offences over the next five years.
Eight of the 27 were arrested at a bus terminus near Zimbabwe Broadcasting Holdings Mbare studios along Simon Mazorodze Road while 19 were rounded up at Machipisa Shopping Centre and Southerton between December 17 and 20 this year.
Prosecutor-in-charge of Mbare Court Mr Austin Muzivi, who was instructed by Mr Emmanuel Chipanda, established that the touts were picked up for harassing commuters and making noise while touting for passengers at various bus terminuses.
The conduct of the touts, according to the State, was tantamount to disturbing free movement of people in the streets as stipulated in the Road Motor Transportation Act.
In mitigation, most of the touts pleaded with the court for lighter sentences, saying they committed the offence to protect their jobs and to earn more since they were paid on commission.
At the Harare Magistrates' Courts, the first group of seven that was sentenced on Monday began performing community service the same day at the courts and was through by yesterday afternoon. The second group of eight touts joined the others immediately after sentencing and is expected to complete the service late in the afternoon today.
The touts could be seen scooping water from the dysfunctional water fountains at the centre of the Rotten Row building and slashing grass outside the complex. The 15 who appeared at the Harare Magistrates' Courts were arrested at Copacabana, Fourth Street, Charge Office and Albion bus terminuses in the city centre on December 17.
In passing sentence, Mr Murendo said touting was on the increase, necessitating the need to impose deterrent sentences.
"Touting is disturbingly on a fast increase and deterrent sentences should be passed to send the correct message to would-be offenders.
"You (touts) are first offenders who have pleaded guilty to the offence and this court, for now, will spare you from a prison term. If you commit a similar offence next time, this court will not hesitate to send you to jail," Mr Murendo said.
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