SOCIALITE and businessman, Genius Kadungure popularly known as Ginimbi, is at loggerheads with the Zimbabwe Revenue Authority (Zimra) following an attempt by the tax collector to seize his top-of-the-range vehicle.
Ginimbi has since approached the High Court seeking an order barring Zimra Commissioner General Faith Mazani, from seizing his Bentley Continental GT.
This comes after the commissioner sent her officers and state police to impound his vehicle on grounds that its import duty was undervalued.
Kadungure said Zimra officials accompanied by police officers from the Vehicle Theft Squad (VTS) stormed his Domboshava residence on January 11, 2020 and informed him that they had instructions to seize the vehicle as it had not paid the requisite customs duty and Value Added Tax (VAT).
“In the interim, I seek an interdict prohibiting the first respondent (Zimra) and her officers from seizing or embargoing my vehicle on the basis that the duty paid was insufficient without first seeking an order from this court to that effect,” Kadungure said in his founding affidavit.
Kadungure also said he is seeking an order declaring that section 192 of the Customs and Excise Act is unconstitutional since it is being used by Zimra to infringe his rights as provided in section 68 and 71 of the Constitution of Zimbabwe.
“Section 192 is unconstitutional to the extent that it allows the first respondent (Zimra) and her officers to take administrative action against me without regard to my rights to fair administrative action in terms of section 68 of the constitution as expanded by the Administrative Justice Act,” he said.
Kadungure also cited Finance Minister, Mthuli Ncube as a respondent in his application.
He went on to challenge the constitutionality of Section 196 of the same Act that prohibits any civil proceedings to be taken against Zimra without giving six months’ notice in terms of the State Liabilities Act.
In his submissions, Kadungure said he purchased the vehicle from LSM Distributors, a South African company, and took delivery of it on or around January 5, 2020 through his courier and clearing agents.
He said he made all the payments in full. The car was then imported via Beitbridge Border Post.
Ginimbi said he was at the border personally to process required documentation.
“The customs officers responsible inspected the vehicle and they assessed duty in terms of that figure and an invoice for customs duty and VAT was issued.”
He said he was surprised when he was visited by the Zimra officials and police who indicated that they wanted to impound the vehicle.
