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GMAZ Boss Musarara wins court case against ZIMRA

by Mandla Ndlovu
14 May 2020 at 21:19hrs | Views
Grain Millers Association of Zimbabwe Chairman Tafadzwa Musarara has won a court case against the Zimbabwe Revenue Authority which had impounded his car after claiming it had been under-valued at the point of entry into the country.

Court papers seen by this reporter indicate that on the 9th of November 2019 Mr. Clemeo Kahuni imported a motor vehicle from South Africa to Zimbabwe, and paid the customs duty and all applicable taxes after it had been assessed by officers from Zimra.

On the 1st of December 2019, the importer entered into an agreement of sale with Musarara and officers from Zimra are alleged to have calculated excise duty on the said vehicle, and the duty was paid.

On the 27th on March 2020 Zimra seized a motor vehicle from Tafadzwa Musarara claiming that it had been undervalued for purposes of customs duty.

Zimra officers seized the vehicle and refused to give any documentation pertaining to their administrative action against Musarara. The revenue body said it is using powers derived from section 192 of the Customs and Excise Act Chapter 23:02.

Musarara made the application in terms of section 85 (1) of the Constitution of Zimbabwe read with Order 32 Rule 244 of the High Court of Zimbabwe Rules.

Musarara through his lawyers argued that section 192 of the customs and excise act is unconstitutional to the extent that it allows Zimra to take administrative action against Zimbabweans without regard to the rights to fair administrative action in terms of section 68 of the Constitution as expanded by the administrative justice act chapter 10:28.

He was represented by his lawyer Admire Rubaya

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Source - Byo24News

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