News / National
Guta Ra Mwari leader in sand poaching storm
02 Jun 2016 at 06:27hrs | Views
CONTROVERSIAL Guta Ra Mwari leader Joseph Tayali has taken Umguza Rural District Council to court for impounding his truck, which was allegedly used to poach river sand.
The truck, a Nissan UD, was intercepted by Umguza RDC municipal police between 2nd and 3rd Avenue in Bulawayo while allegedly transporting river sand to Tayali's house in Parklands suburb on May 20.
Tayali, through his lawyers Lunga Gonese Attorneys, has filed an urgent chamber application at the Bulawayo High Court citing Umguza RDC as the respondent.
The church leader is seeking an order compelling Umguza RDC to immediately release the truck to him.
He argued that council's decision to hold onto his truck was financially prejudicing him.
"The truck had developed a puncture and Mangwende (driver) wanted to change the tyre when Umguza RDC police approached him and demanded a permit for carrying the sand. He tried to give a factual explanation but they didn't bother to listen and went on to impound the vehicle and the sand. They also demanded a $500 fine," said Tayali.
He said despite having written a letter through his lawyers stating the reasons for demanding the release of the truck, Umguza RDC has not complied with his request.
Tayali said there was no basis for the council's action as the sand was extracted from his farm in Shangani, which falls under the jurisdiction of Insiza RDC.
"The respondent had no lawful right to claim a $500 fine. The demand for the money is arbitrary and not supported by any statutory instrument or known law," he said.
Tayali said as result of Umguza RDC's actions he stood to be prejudiced of between $100 and $300 per day as he used the truck for hire purposes.
"I've no alternative relief other than to approach this honourable court on an urgent basis and the respondent can always issue summons and factually and legally justify the claim for $500," he said.
The truck, a Nissan UD, was intercepted by Umguza RDC municipal police between 2nd and 3rd Avenue in Bulawayo while allegedly transporting river sand to Tayali's house in Parklands suburb on May 20.
Tayali, through his lawyers Lunga Gonese Attorneys, has filed an urgent chamber application at the Bulawayo High Court citing Umguza RDC as the respondent.
The church leader is seeking an order compelling Umguza RDC to immediately release the truck to him.
He argued that council's decision to hold onto his truck was financially prejudicing him.
"The truck had developed a puncture and Mangwende (driver) wanted to change the tyre when Umguza RDC police approached him and demanded a permit for carrying the sand. He tried to give a factual explanation but they didn't bother to listen and went on to impound the vehicle and the sand. They also demanded a $500 fine," said Tayali.
He said despite having written a letter through his lawyers stating the reasons for demanding the release of the truck, Umguza RDC has not complied with his request.
Tayali said there was no basis for the council's action as the sand was extracted from his farm in Shangani, which falls under the jurisdiction of Insiza RDC.
"The respondent had no lawful right to claim a $500 fine. The demand for the money is arbitrary and not supported by any statutory instrument or known law," he said.
Tayali said as result of Umguza RDC's actions he stood to be prejudiced of between $100 and $300 per day as he used the truck for hire purposes.
"I've no alternative relief other than to approach this honourable court on an urgent basis and the respondent can always issue summons and factually and legally justify the claim for $500," he said.
Source - chronicle
