THE High Court has dismantled the state-run Zimbabwe United Passenger Company (ZUPCO)’s monopoly over provision of bus and commuter omnibus transport services to passengers by outlawing a piece of legislation which created its dominance over the provision of public transport services.
President Emmerson Mnangagwa’s government at the outbreak of the coronavirus (COVID-19) pandemic in March 2020, banned privately-run commuter buses in a desperate bid to help stem the spread of COVID-19.
The government ban on private bus and commuter omnibus operators made the state-owned ZUPCO the only approved public transport provider and spawned a major transport crisis in the country.
This compelled human rights lawyer Josephat Tshuma of Zimbabwe Lawyers for Human Rights, who represented Tshova Mubaiwa, a network of commuter omnibus owners operating in Bulawayo, to challenge in October 2021, the monopoly created by government.
In his application, Tshuma argued that the government ban of private commuter omnibus operators was unreasonable and that the creation of the ZUPCO monopoly had resulted in Tshova Mubaiwa, which had been providing intracity services to passengers in Bulawayo for more than 34 years, losing out on business and a market in the public transport sector.
The human rights lawyers argued that for government, implementing measures to contain the spread of COVID-19 was necessary, but the measures need not have included shutting out other public transport providers such as Tshova Mubaiwa.
Tshuma argued that the creation of the ZUPCO monopoly actually endangered the public and exposed people to COVID-19 while thousands of people had lost income as a result of the government policy regarding the public transport sector.
After hearing arguments from Tshova Mubaiwa and some respondents who included Health and Child Care Minister Constantino Chiwenga, Godwin Matanga, the Commissioner-General of Zimbabwe Republic Police, Local Government and Public Works Minister Hon. July Moyo and President Mnangagwa, High Court Judge Justice Evangelista Kabasa recently 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.
ENDS
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