Chinamasa faces court action

CROSS-BORDER bus operator, Jay Jay Travel & Tours, has threatened to drag Finance minister Patrick Chinamasa to the Constitutional Court challenging his decision to grant $200 duty-free allowance to pedestrians and travellers using private vehicles, leaving out those using buses.

In a letter dated May 26, through lawyer Alex Majachani, the bus operator urged Chinamasa to withdraw the discriminatory clause arguing it had affected its business and violated the Constitution.

"The provisions of the SI (Statutory Instrument) that a traveller importing goods in a transport service vehicle which is drawing a trailer and is used for conveyance of goods through a port of entry shall pay full duty violates our clients rights enshrined in Section 56(1) and (3) of the Constitution of Zimbabwe," the company argued.
 
"Our client's coaches have always drawn trailers for the convenience of its customers' luggage. This circumstance has resulted in our client gradually losing out business to coaches that do not have trailers or to small transporters who are now picking up travellers up to the border post to drop off so they will be treated as pedestrians in terms of the SI."

Majachani said his client deserves equal protection in line with Section 56 (1) of the Constitution which reads: "All persons are equal before the law and have the right to equal protection and benefit of the law."

"A person is treated in a discriminatory manner for purposes subsection (3) of (b) other people are accorded, directly or indirectly a privilege or advantage which they are not accorded," the Constitution reads.

Jay Jay said it was being discriminated against in violation of Section 56 (4) which states that people should not be discriminated by place of privilege or advantage in society.

"Clearly the provisions of SI 148 of 2015 are discriminatory to coach operators in our clients category viz coaches drawing trailers thus subjecting passengers to payment of full duty whilst those coaches without trailers and are enjoying preferential treatment in that their passengers will be eligible for a rebate on duty of $200," the bus firmed urged.

The bus company said it would soon approach the Constitutional Court for recourse if Chinamasa does not respond and withdraw the offensive clause.