Zimra seeks to seize Ginimbi’s new car

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BUSINESSMAN and socialite Genius “Ginimbi” Kadungure, pictured, has approached the High Court seeking to stop the Zimbabwe Revenue Authority (Zimra) from impounding his R1,9 million Bentley Continental GT that he imported from South Africa over a week ago. In the application, Kadungure cited Zimra Commissioner-General Faith Mazani and Finance and Economic Development minister Mthuli Ncube as respondents. He told the court that Zimra offi cials had sought to impound his motor vehicle on the basis that he had undervalued it in a bid to pay less customs duty — an assertion that he denied. “On January 11, 2019 offi cers of the fi rst respondent (Zimra) accompanied by members of the Zimbabwe Republic Police vehicle theft squad arrived at the applicant’s house in Domboshawa threatening to seize the vehicle on the basis that the vehicle was undervalued for purposes of customs duty. “The applicant has declined to surrender the vehicle and the fi rst respondent, through her offi cers, has threatened to take unspecifi ed action against him,” Kadungure told the court. After some negotiations Kadungure, who was represented by Brighton Pabwe, who instructed advocate Tazorora Musarurwa, said they agreed that he should drive the vehicle to their offi ces at Kurima House where they would then further resolve the issue.
He said he later went to Kurima House but without the motor vehicle and had a meeting with loss control offi cers, who demanded that he surrender the car. Kadungure said he had to call his lawyers from Venturas & Samukange so that he could be properly advised of his rights. “The meeting continued in the presence of my legal practitioners and during discussions it turned out that there was no proper basis to allege that incorrect duty had been paid other than a bare assertion that some Internet website valued the car higher than that which it had been actually bought for. “(Mr) Mabiye (Zimra loss control offi cer) was asked whether the extent of the prejudice to Zimra was known and he said they were still investigating. He was also asked whether they had anything on paper to show that there was prejudice at all and he responded that they did not have anything yet. “He could not also explain the basis upon which they needed to seize the vehicle other than saying that the law empowers them to seize it if they so wished,” Kadungure said. He said the meeting was concluded with Zimra offi cers threatening to take unspecifi ed action if the motor vehicle was not surrendered to them. “I submit that the balance of convenience
lies in my favour. I paid duty for my vehicle that had been duly assessed by the fi rst respondent and the vehicle was properly released to me. Should there have been any errors on such assessment by the fi rst respondent, it should not be to my prejudice. “In the meeting we held with Zimra authorities, I told them I was willing to pay any shortfalls that are properly justifi ed. Notwithstanding, there is an insistence to want to seize the vehicle, which makes me wonder whether the rationale is revenue collection or there are other ulterior motives. “I am a known business person in this country and I import goods on a very regular basis. The fi rst respondent does not need to hold my vehicle and have it incur charges whilst she carries out her investigation. “She is free to carry out her investigation without seizing my vehicle. Should she need to re-inspect the vehicle, she can do so without seizing it. There is no basis upon which she needs to seize my vehicle other than to embarrass me. The balance of convenience therefore clearly lies in my favour,” he said. The matter, which was set down for hearing on Monday, was postponed to Friday, with a directive in the meantime for Zimra not to impound the motor vehicle.

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