S v DUBE 1984 (2) ZLR 10 (H)

Flynote

Criminal law — Road Motor Transportation Act [Chapter 262] — c s 47 — failing to comply with terms or conditions of road service permit — on whom responsibility for adhering to terms lies — effect of charging wrong person.

Headnote

In terms of s 47 of the Road Motor Transportation Act [Chapter 262], it is an offence to fail to comply with the terms or conditions of a road service permit. There are four possible persons who may be charged if the offence occurs. They are -

• the holder of the permit;
• the driver of the vehicle;
• the conductor of the vehicle; or
• a person who is managing or supervising the business of the holder of the permit.

The last mentioned person must be charged if he is present at the time of the offence.

It is clear that the Legislature intended that the culpability for the offence should rest with the person who has, or may be deemed to have, control of the vehicle and its consequent adherence to the terms of the permit. This means that the State may not single out a person willy-nilly from the list given; the appropriate one should be chosen. Thus, where the offence is one of failing to comply with the time-table, it would be inappropriate to charge the conductor; the driver should be charged. Where the responsibility for the defence is not allocated or is denied the State or Court may reasonably allocate such responsibility.