Court orders Zimra to return seized truck & reimburse sold cargo

The High Court has ordered the Zimbabwe Revenue Authority (Zimra) to release a truck it had impounded, which was allegedly used to import an undeclared chemical. The truck and its cargo belonged to Silverline Chemicals (Pvt) Limited. The case centered on whether Zimra had reasonable grounds to seize the truck and chemical cargo.

Justice Sunsley Zisengwe of the Masvingo High Court noted conflicting test results of the chemical: one test by NOIC indicated it was diesel, while another by Zera indicated it was paraffin. This discrepancy supported Silverline's claim that the chemical was methanol. Justice Zisengwe criticized Zimra for not explaining the conflicting results and for not granting a retest or giving Silverline the benefit of the doubt. He emphasized that Zimra, as an administrative body, must act fairly and impartially.

The court found Zimra's actions, including the determination to dispose of the chemical cargo before testing, unjustified. Justice Zisengwe ordered Zimra to release the truck and repay any costs, fines, or storage fees incurred by Silverline.

Court documents revealed that Silverline had imported a hydrocarbon chemical through the Beitbridge Border Post, declaring it as methanol. After clearance, the truck was stopped by police in Bubi and escorted back to Beitbridge, where Zimra seized it, suspecting fake documents had been used. Despite Silverline’s protests and a subsequent urgent chamber application, Zimra disposed of the chemical cargo, leading to the High Court case. Zimra’s regional manager, Lonto Ndlovu, maintained that Silverline had deceived Zimra, justifying the seizure. However, the court ruled in favor of Silverline, citing lack of proper grounds for Zimra's actions.