Silverline Chemicals (Pvt) Limited had gone to court
questioning why the truck was seized.
Masvingo High Court judge Justice Sunsley Zisengwe said : “The
first and perhaps the turning point of this dispute is the contrasting results
obtained after the testing of the chemical cargo. According to the respondent’s
own assertions, the first test which was conducted by NOIC revealed that the
chemical cargo was diesel.
“A subsequent test conducted by Zera, on the other hand,
apparently revealed that it was paraffin. This stark variance in the results
lends credence to applicant’s contention that as a matter of fact, it was
neither of those two hydrocarbons.
“This, in turn, supports the contention that the
probabilities favour the inference that it was, in fact, methanol. I say so
given [that] there was no attempt, whatsoever, on the part of the respondent to
explain the starkly contrasting results of the same sample.”
“In those circumstances, the respondent in all fairness
must have acceded to the applicant’s request for re-test. Alternatively, the
applicant should have been given the benefit of the doubt.
“An administrative body such as the respondent, wielding as
it does enormous powers in relation to the public, has a bounden duty to act
fairly, impartially and objectively. It must not seek to get its way at all
costs.”
He said it was surprising that Zimra was determined to get
rid of the chemical cargo before it could be tested.
He ordered Zimra to release the truck and also to repay any
costs, fines, charges or storage fees incurred by the applicant.
