The High Court has upheld an appeal against conviction and sentence by Harare City Council for one of its staffers Kosamu Ngoma working in the Traffic enforcement division after the state consented that the magistrate’s court had erred in passing judgement.
Kosamu Ngoma was sentenced to 24 months imprisonment for alleged abuse of office and dishonesty.
However when the appeal was upheld he had already performed 420 hours of community service at Warren Park Polyclinic.
In his consenting submissions, Mr F.I. Nyahunzvi, representing the state said there was no evidence placed before the lower court as to the procedure to be adopted once a vehicle has been impounded.
“In addition, there was no evidence to be led of showing which kind of violations of the Council by-laws warrant the impounding of a motor vehicle. The court should also have been informed as to how the impounded vehicles are to be released.
In his appeal Advocate Thabani Mpofu, who instructed Kanokanga and Partners said the lower court had accepted that the complainant had committed at least an offence and therefore the impounding of the vehicle could not be unlawful.
“Indeed the court in its judgement accepts that an offence had been committed in connection with the operation of the vehicle. That being the case, there was an acceptance that the arrest and the impounding of the vehicle could not be unlawful. No criminal misconduct accordingly set out by the charge,” he said.