Petition to Revoke Contract between Bulawayo City Council and Tendy Three Investments under the Public Procurement and Disposal of Public Assets Act [Chapter 22:23]

We, the undersigned motorists of Bulawayo, respectfully submit this petition to request the revocation of the contract between Bulawayo City Council (BCC) and Tendy Three Investments (TTI) for the management of parking spaces in the city.

Background:
The contract between BCC and TTI, which allocates 70% of parking revenue to TTI and 30% to BCC, was established under the Public Procurement and Disposal of Public Assets Act [Chapter 22:23]. However, we believe this arrangement is not in the best interest of the public and does not align with the principles of fairness and transparency outlined in the Act.

Grounds for Revocation: 
1. Unfair Revenue Distribution: The 70:30 revenue split heavily favors TTI, allowing them to recoup their investment while leaving a minimal share for BCC. This arrangement does not reflect a fair distribution of public resources.
2. Exorbitant Fees and Fines: TTI has been imposing excessive fees and fines on motorists, often for minor infractions. This practice places an undue financial burden on the public and is not justified by the nature of the violations.
3. Unprofessional Conduct and Harassment: TTI marshals have been reported to engage in unprofessional conduct, including harassment and intimidation of motorists. Their aggressive and confrontational approach creates a hostile environment and erodes public trust.
4. Lack of Transparency: The process of awarding the contract to TTI lacked sufficient transparency and public consultation. The public was not adequately informed or involved in the decision-making process.
5. Public Interest: The current contract does not serve the best interests of the citizens of Bulawayo. The disproportionate revenue allocation limits the city's ability to reinvest in public infrastructure and services.

Key Points of Our Petition:

BCC to Take Over Management: We propose that BCC should directly manage the parking spaces, ensuring that all revenue is reinvested into improving our city's infrastructure and services.

Review Fees and Fines: A thorough review of the current fees and fines is needed to ensure they are fair and reasonable, without placing an undue burden on motorists.

Key Points of Our Petition (Part 2):

Reassign TTI Employees to BCC: Current TTI employees should be shifted to BCC and provided with proper training in customer relations and etiquette. This will promote a more professional and respectful interaction with motorists.

Promote Ethical Practices: We suggest that marshals should advise drivers to park correctly before rushing to clamp cars. This act of fairness and understanding embodies the spirit of Ubuntu

Unfair Labor Practices by Tendy Three Investments (TTI)

Termination Without Benefits: Employees who worked from February to November 2022 were terminated without receiving terminal benefits. The company claimed that these employees were not entitled to any benefits, which has led to dissatisfaction and frustration among the affected workers.

Lack of Transparency: Some employees reported that they were verbally dismissed without any clear reasons provided. This lack of transparency in the termination process has added to the sense of unfair treatment.

Nepotism: There are also allegations of nepotism in the hiring practices of TTI, with claims that certain individuals were favored in employment decisions

The exorbitant parking fees and unfair clamping practices enforced by Tendy Three Investments (TTI) have significantly impacted formal businesses in Bulawayo's Central Business District (CBD). Here are some key points:

1. High Parking Fees: The requirement for motorists to pay US$1.00 every hour for parking in the CBD has become a deterrent for shoppers. Many motorists are now reluctant to park in town for shopping, fearing the steep parking fees. This has led to a decrease in foot traffic within the CBD, negatively affecting retail businesses that rely on a steady flow of customers.

2. Shift to Outskirts: Due to the high parking fees and the risk of clamping, many shoppers now prefer to visit shopping centers and businesses located in the outskirts of the CBD where parking is more affordable or free. This shift has further diminished the customer base for businesses operating within the CBD, leading to a decline in sales and revenue.

3. Unfair Clamping Practices: The selective enforcement of clamping, where private cars are targeted while commuter omnibuses (kombis) are often left unchecked, has created an unequal and unfair environment. Kombis, which frequently park against or across parking lanes and contribute to disorder in the CBD, are not clamped, exacerbating the issue. This selective clamping undermines the trust of motorists and creates a perception of bias and favoritism.

4. Disruption of Business Operations: The disorder caused by kombis parking haphazardly in the CBD disrupts the normal flow of traffic and negatively impacts the overall business environment. Formal businesses are affected by the chaos, as customers find it challenging to navigate the congested streets and access shops and offices.

How Tendy Three Investments (TTI) Violates Bulawayo's Clamping and Towing Bylaws

TTI's actions appear to violate the Bulawayo City Council (BCC) clamping and towing bylaws, and such unprofessionalism is concerning. According to the bylaws, vehicles should only be clamped or towed under specific conditions. Here are a few examples of how TTI's actions contradict these regulations:

1. *Emergencies and Stalled Vehicles*: The bylaws do not authorize clamping vehicles that have stalled due to emergencies or mechanical issues. Clamping a vehicle that has been pushed to the side of the road because it stalled or has mechanical problems is not only unprofessional but also against the spirit of the by-laws, which are meant to ensure smooth traffic flow and safety.

2. *Open Bonnet for Maintenance*: Vehicles with the bonnet open for essential maintenance, such as topping up coolant or jump-starting due to a battery failure, should not be clamped. These actions are necessary to ensure the vehicle's proper functioning and safety, and clamping them during such situations demonstrates a lack of understanding and respect for motorists' rights.

3. *Displaying Vehicle License Disk*: Vehicles that display a valid license disk on the dashboard (even if not in the circular diskholder) should be considered compliant with the requirement to display a valid license. Clamping such vehicles is unnecessarily punitive and goes against the principles of fair enforcement.

These practices by TTI undermine the intent of the bylaws and create unnecessary inconvenience and stress for motorists. The bylaws are designed to ensure traffic safety and compliance, not to penalize motorists unduly. It's crucial for TTI to adhere to these regulations and exercise discretion and professionalism in their enforcement.

These issues highlight the need for a fair and transparent parking management system that considers the interests of both motorists and businesses. Addressing the exorbitant fees and ensuring consistent and unbiased enforcement of parking regulations are essential steps to revitalizing the CBD and supporting formal businesses in Bulawayo.

NB: Bulawayo as a point of entry to Vic Falls tourist attraction center;

The unprofessional parking management practices by Tendy Three Investments (TTI) are having a detrimental impact on Bulawayo's tourism and local businesses. Tourists, who view Bulawayo as a key entry point to the renowned Victoria Falls, are facing arbitrary clamping, harassment, and lack of clear signage, leading to confusion and frustration. The selective enforcement of parking rules, where private cars are targeted while commuter omnibuses (kombis) are ignored, creates an unfair and biased environment. Additionally, the high parking fees discourage shoppers from visiting the CBD, resulting in decreased foot traffic and negatively affecting local businesses. These issues highlight the need for fair, transparent, and professional parking management practices to restore Bulawayo's reputation and support its tourism and economic growth

Request:
We respectfully request the Procurement Regulatory Authority of Zimbabwe to review the contract between BCC and TTI and consider its revocation or renegotiation to ensure a fair and transparent distribution of revenue that benefits the public.

Conclusion:
We believe that revisiting this contract will promote fairness, transparency, and accountability in public-private partnerships, ultimately benefiting the citizens of Bulawayo.

Ganizani Phiri    Contact the author of the petition