The High Court has blocked the release by Zimra of vehicles imported by 53 people as it is suspected they were brought into the country using fake import licences in what is a far-reaching swathe of sneaky dealings in the vehicle import business.
Zimra is holding a large batch of vehicles at the behest of
the Ministry of Industry and Commerce, which is investigating several of its
officials on allegations of corruptly issuing import licences for older
second-hand vehicles.
More than eight import licence books went missing in April
this year.
The 53 vehicle importers, among them car dealers, had
approached the High Court on an urgent basis seeking to compel Zimra to release
their vehicles.
They listed Zimra, the Zimbabwe Anti-Corruption
Commission(ZACC) and the Minister of Industry and Commerce as respondents.
But already, some of the import licences have been traced
back to the missing licence books, the High Court was told and so Justice
Esther Muremba ruled the application was not urgent and tossed it out.
In her ruling, Justice Muremba said the vehicles were
imported using fake licences and were still under investigation by ZACC.
“There was no compliance with the law. It does not matter
that the applicants might have not played any role in the issuance of the fake
import licences,” she said.
In opposing the application, ZACC said it was investigating
a case of corruption regarding the vehicles, arguing they were subjects of
illegal import licences or permits.
Although it was the Ministry officials who issued the
illegal import licences, it was argued that the investigations were being done
to establish whether or not there was connivance with the applicants.
On its part, the ministry argued that the import licences
that were used to import the applicants’ vehicles are fake, and so the
detention of the vehicles was justified at law.
Justice Muremba in
the ruling found the explanation that was given by the Industry Minister for
suspecting collusion between the applicants and the Ministry officials who
issued fake import licences was sound.
“Clearly from the foregoing, the relief that is being
sought by the applicants is such that it cannot be sought on an urgent basis in
view of the investigations that are still on going,” she said.
“This is one case where preferential treatment of
applicants’ case is not possible because investigations into fake import
licences have not yet completed by the second and third respondents (ZACC and
the Industry Ministry).”
Justice Muremba said non-legal remedies might have worked
well for the applicants before they rushed to court. They could have worked
with ZACC to expedite investigations.
She said the
applicants could not rush to court to enforce an illegality.
“Clearly the applicants jumped the gun and there cannot be
any urgency in the matter,” said the judge striking the matter from the roll of
urgent matters.
The applicants all paid import duty and the vehicles were
delivered into the country through Beitbridge Border Post. At the instance of
Zimra, the vehicles were delivered to different bonded warehouses or transit
sheds for storage. That is where the applicants were supposed to collect them.
However, when the
applicants went to collect their vehicles, they were not allowed to collect
them because the import licences which they used to import the vehicles were
said to be under investigations. Government this year, introduced Statutory
Instrument I89, which barred imports of motor vehicles that are more than 10
years old from the date of manufacture without clearance. Herald
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