News / National
Zimra caught offside
04 Jun 2024 at 11:50hrs | Views
A Zambian firm, Rock Telecom Limited, has won a Supreme Court appeal after the Zimbabwe Revenue Authority (Zimra) seized its consignment of 96,820 mobile phones imported from China. Initially, the High Court had ruled in favor of Zimra.
In its appeal, Rock Telecom cited Zimra as the respondent. The appeal was heard by Justices Tendai Uchena, Felistas Chatukuta, and Alphas Chitakunye. The judges noted that the seizure of the goods occurred on November 22, 2022, and Zimra's declaration of forfeiture was on January 30, 2023. They pointed out that this declaration was made two months after the seizure notice, which fell short of the required three months. Thus, Zimra's declaration of forfeiture was premature.
Court documents reveal that in October 2022, Rock Telecom's consignment was to pass through Zimbabwe in transit to Zambia. The firm engaged a transporter who lodged a manifest with Zimra at Forbes Border Post. Additionally, the company hired Allied Customs Freight to register a bill of entry, declaring a consignment of 13,000 TECNO mobile phones.
On November 3, 2022, Zimra issued an F45 query notification for a physical inspection of the consignment, suspecting it was grossly undervalued. Subsequent requests for a physical examination waiver by the clearing agent on November 4 and again four days later were denied. On November 18, 2022, Zimra moved the truck to the physical examination bay and discovered the consignment was under-declared by 81,540 mobile phones, making it liable for seizure and forfeiture. The entire consignment was confiscated on November 22.
After the seizure, Rock Telecom sought the release of the consignment by writing to Zimra's acting regional manager on November 30. The acting regional manager defended the seizure in a response on December 5, 2022. The company then appealed to the Zimra commissioner-general, who upheld the seizure decision. This led Rock Telecom to approach the High Court, which ruled in favor of Zimra, prompting the company to escalate the matter to the Supreme Court.
In its appeal, Rock Telecom cited Zimra as the respondent. The appeal was heard by Justices Tendai Uchena, Felistas Chatukuta, and Alphas Chitakunye. The judges noted that the seizure of the goods occurred on November 22, 2022, and Zimra's declaration of forfeiture was on January 30, 2023. They pointed out that this declaration was made two months after the seizure notice, which fell short of the required three months. Thus, Zimra's declaration of forfeiture was premature.
On November 3, 2022, Zimra issued an F45 query notification for a physical inspection of the consignment, suspecting it was grossly undervalued. Subsequent requests for a physical examination waiver by the clearing agent on November 4 and again four days later were denied. On November 18, 2022, Zimra moved the truck to the physical examination bay and discovered the consignment was under-declared by 81,540 mobile phones, making it liable for seizure and forfeiture. The entire consignment was confiscated on November 22.
After the seizure, Rock Telecom sought the release of the consignment by writing to Zimra's acting regional manager on November 30. The acting regional manager defended the seizure in a response on December 5, 2022. The company then appealed to the Zimra commissioner-general, who upheld the seizure decision. This led Rock Telecom to approach the High Court, which ruled in favor of Zimra, prompting the company to escalate the matter to the Supreme Court.
Source - The Herald
