The Zimbabwe Revenue Authority (Zimra) has seized three South African-registered trucks carrying 91 tonnes of copper that was stolen at the Chirundu Border Post. The trucks were operated by Nashfreight and Transport Services, which had attempted to gain release from the High Court.
In their application, Nashfreight and Transport Services named Zimra Commissioner and Officer in Charge CID Border Control Flora and Fauna Chirundu as respondents. They sought an order for the release of the two Scania trucks and an Iveco truck loaded with the copper, which they claimed were in transit goods.
However, Justice Philda Muzofa of the Chinhoyi High Court dismissed the application, ruling that Nashfreight had failed to provide sufficient evidence to demonstrate that they had delivered the goods to the custody of Zimra, as required by regulations.
According to Justice Muzofa, even though Zimra may have been aware that the system did not activate the exit of the goods within the prescribed time frame, this did not constitute delivery of the goods to the department. She noted that there must be a formal process to regularize the stay of goods beyond the allowed period.
The judge also pointed out that evidence presented by Zimra showed that the trucks exited Zimbabwe and the goods were consumed in Zimbabwe before they were driven to the Zambian side of the border. This suggested that the goods were not in transit as claimed by Nashfreight.
Additionally, Justice Muzofa ruled that Nashfreight failed to show a clear right to release the trucks, citing evidence that the transit goods were not exported or lodged with Zimra within the prescribed period. Furthermore, she noted that there was evidence that the trucks crossed into Zimbabwe illegally.
Consequently, Justice Muzofa ordered that the application be dismissed with costs, allowing Zimra to continue holding onto the seized trucks pending a final decision by the commissioner.
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