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Somali National files A Court Application Against ZIMRA

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Somali National filed a court application against the Zimbabwe Revenue Authority (ZIMRA) after their truck was seized on allegations of having been used to smuggle goods into the country.

The court application filed with the High Court was made after the owner known as Ahmed discovered that ZIMRA was still holding on to his vehicle after it had been cleared by the local police.

In the court application, Ahmed said it was not fair for ZIMRA to keep his truck considering that he submitted evidence showing that he had made a report of his truck missing with authorities in South Africa.

“I came and visited the police who after carrying out their investigations were satisfied that the moto vehicle was not linked to any crime and advised me to discuss with ZIMRA”, said Ahmed.

Ahmed said that he visited ZIMRA offices to claim ownership of his truck which was seized by ZIMRA on November 30, 2018, on suspicion that it was used to commit transit as it was used to pull a trailer with goods which had evaded payment of customs duty and related charges.

At that time, Ahmed had filed a police report indicating his vehicle was missing in South Africa only to locate it in Zimbabwe.

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“Our client has fully cooperated by reporting the theft of his horse to the South African police. It is because of the information he supplied that the location of the vehicle which allegedly smuggled goods was established in Zimbabwe until it disappeared from the radar,” court papers show.

He said it is not his fault that swift action was not taken to seize the vehicle while it was stationary at a location in Waterfalls for ten days. “Had the police acted with due promptness the actual violators of customs law would have been brought to book,” he said in his letter to Zimra after visiting the ZRP for clearance.

“It is clear from the communication that there is no reasonable and justifiable basis for the respondent to continue to hold on to the motor vehicle. “What appears to be clear from the responses by the respondent is that it is now safeguarding the interests of a third party which is the agent from whom goods were removed,” he said.

Ahmed says he has lost business since the time the truck was impounded by the respondent and continues to lose it each day the respondent holds on to the truck. He said it is not fair to hold on to his truck considering that even the person who was driving the vehicle was never prosecuted. Zimra is yet to respond.

Source – New Ziana

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