News / National
High Court orders release of smugglers truck
29 Mar 2016 at 06:32hrs | Views
A BULAWAYO High Court judge has ordered the Zimbabwe Revenue Authority (Zimra) to release a South African truck which was used to smuggle cigarettes out of the country through Pandamatenga Border Post.
The judge also set aside a $2,000 fine imposed on the driver, a South African, and substituted it with a fine of $500.
Justice Martin Makonese's ruling follows an application for review by Albano Antonio Manuel Da Cunha and RJA Kellie Company citing Victoria Falls magistrate Rangarirai Gakanje and the state as the respondents.
Da Cunha was last year convicted of contravening a section of the Customs and Excise Act and fined $2,000 or six months in jail and the truck was forfeited to the state by Zimra.
Justice Makonese ruled that there was a serious irregularity on the part of the trial magistrate when he ordered the forfeiture of the truck.
Justice Makonese said the trial court failed to give RJA Kellie Company an opportunity to be heard. He said there was no evidence to infer that the company was aware that its vehicle was being used to smuggle cigarettes.
"It's clearly in violation of the provisions of the Customs and Excise Act which amounts to a serious irregularity which renders the order of forfeiture clearly defective and incompetent," ruled the judge.
In reducing the fine, Justice Makonese said the trial magistrate was a junior magistrate who did not have the jurisdiction to impose a sentence of a fine exceeding $500 (Level 8).
"The sentence ordering the first applicant to pay a fine of $2,000 is therefore incompetent and can't be allowed to stand. It's therefore set aside and substituted with a fine of $500," ruled Justice Makonese.
Da Cunha was in November last year intercepted at Pandamatenga Border Post by Zimra officials while driving a South African registered Nissan UD truck loaded with 4,114 bricks of cigarettes hidden in a false compartment. The truck was destined for Botswana.
Da Cunha produced his passport and a temporary import permit but did not declare the cigarettes to Zimra officials. A search was conducted leading to the discovery of the contraband hidden in a false compartment.
In their grounds of appeal, Da Cunha said the sentence imposed on him was incompetent. He argued that Gakanje did not have the jurisdiction to impose a sentence exceeding $500.
RJA Kellie argued that the magistrate erred in ordering the forfeiture of its vehicle without establishing whether the company was aware that its truck was being used for smuggling purposes.
The judge also set aside a $2,000 fine imposed on the driver, a South African, and substituted it with a fine of $500.
Justice Martin Makonese's ruling follows an application for review by Albano Antonio Manuel Da Cunha and RJA Kellie Company citing Victoria Falls magistrate Rangarirai Gakanje and the state as the respondents.
Da Cunha was last year convicted of contravening a section of the Customs and Excise Act and fined $2,000 or six months in jail and the truck was forfeited to the state by Zimra.
Justice Makonese ruled that there was a serious irregularity on the part of the trial magistrate when he ordered the forfeiture of the truck.
Justice Makonese said the trial court failed to give RJA Kellie Company an opportunity to be heard. He said there was no evidence to infer that the company was aware that its vehicle was being used to smuggle cigarettes.
In reducing the fine, Justice Makonese said the trial magistrate was a junior magistrate who did not have the jurisdiction to impose a sentence of a fine exceeding $500 (Level 8).
"The sentence ordering the first applicant to pay a fine of $2,000 is therefore incompetent and can't be allowed to stand. It's therefore set aside and substituted with a fine of $500," ruled Justice Makonese.
Da Cunha was in November last year intercepted at Pandamatenga Border Post by Zimra officials while driving a South African registered Nissan UD truck loaded with 4,114 bricks of cigarettes hidden in a false compartment. The truck was destined for Botswana.
Da Cunha produced his passport and a temporary import permit but did not declare the cigarettes to Zimra officials. A search was conducted leading to the discovery of the contraband hidden in a false compartment.
In their grounds of appeal, Da Cunha said the sentence imposed on him was incompetent. He argued that Gakanje did not have the jurisdiction to impose a sentence exceeding $500.
RJA Kellie argued that the magistrate erred in ordering the forfeiture of its vehicle without establishing whether the company was aware that its truck was being used for smuggling purposes.
Source - chronicle
