A LOCAL haulage transport operator, Onpat Rams Private Limited, has approached the High Court seeking the release of its truck impounded in 2021 by Zimbabwe Anti-Corruption Commission (Zacc) officials on suspicion of being involved in the smuggling of goods.
The company claims the matter has not yet been taken to court, thus prejudicing its business operations as the horse and the hired trailer are still held up at Zacc.
Company lawyer Tinashe Zinto of Zinto, Chivandire, and Mavhaire Law Chambers has submitted an affidavit deposed by Tredia Njiva seeking the release of the vehicle.
“This is an application for release of a seized horse and trailer in terms of the provisions of Section 58A of the Criminal Procedure and Evidence Act… that is, release of seized articles after failure to kick trial or serve any papers for trial or charge to the person to whom seized articles belong,” the company argued.
According to court papers, on November 15, 2021, Zacc seized a horse with a trailer which was suspected to have been used to commit fraud. The company claims the trailer was seized although it was not part of the seizure affidavit.
“It has been in excess of (sic) a year since the vehicles in question were seized, there has been no charge, or summon or court date given to the applicant to appear in court on the reason or charges why the vehicle in question was seized.
“Against such disregard of the law, this application is hereby made for the release of the seized horse and trailer, especially the trailer as it was never a part of the seizure affidavit,” the company argues adding that the trailer continues to accumulate hire charges.
The company said efforts to engage Zacc to resolve the matter had come to naught.
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“It is against this background that our contention is that Zacc is not in compliance with the relevant law and hence it should be ordered to release the vehicles within 48 hours of this order, as they have no lawful cause to continue retaining the vehicles in question. This is a clearly straight forward matter which calls for intervention of this honourable court as the relief sought is procedural ,hence we have approached this honourable court on a chamber application,” the lawyer submitted.
But Zacc’s executive secretary Sukai Tongogara opposed the application saying the company had failed to pay tendered wasted costs in the previous withdrawal of the matter.
Tongogara also submitted that the applicant did not mention that he approached the police with the receipt but still failed to obtain the property.
“The applicant simply alleges he owns the articles but does not advance adequate proof of ownership to substantiate that he is entitled to the property under seizure,” Tongogara submitted.
She challenged the company to prove its ownership of the truck as the attached trailer bore South African registration plates.
Tongogara said investigations established that 11 companies with consignments and 12 clearing agents were involved in the smuggling scheme and checks with the Registrar of Companies established that only two consignee companies and one agent were registered while the rest were fictitious companies.
She added that 58 tanker trucks were also involved in the racket.
“Subsequent to the seizure of the truck in Beitbridge, the applicant's cross border permit was checked against the actual truck particulars - that is the engine and chassis number. Investigations identified discrepancies between the permit and the actual physical particulars of the truck which were matching,” she said.
She pleaded with the court to dismiss the application with costs.
