The Zimbabwe Revenue Authority (Zimra) has seized three South African registered trucks after 91 tonnes of copper disguised as in transit goods were stolen at Chirundu Border Post.
The company, Nashfreight and Transport Services, unsuccessfully approached the High Court seeking the release of the trucks.
The company cited Zimra Commissioner and the Officer in Charge CID Border Control Flora and Fauna Chirundu as respondents in the application.
In the matter that was heard by Chinhoyi High Court judge justice Philda Muzofa, the company was seeking an order for the release of the two Scania trucks and an lveco truck loaded with the copper.
The judge said there was no dispute that the goods were in transit and were not exported within the prescribed time frame but Nashfreight was therefore required to show that it delivered the goods to the custody of the department and there was no such proof placed before the court.
"In my view even if Zimra may have been aware in the sense that the system did not activate the exit of the goods, that is not the delivery of the goods to the department as envisaged by the regulations.
"Although technically the goods were already in the customs yard there must be some official process to regularise the stay of goods for more than the period allowed in the regulations," the judge said.
Justice Muzofa further said according to Zimra there was evidence that the trucks exited Zimbabwe and the goods were consumed in Zimbabwe before the trucks were driven to the Zambian side of the border.
"The application fails. Nashfreight failed to show that it has a clear right. There is evidence which was uncontroverted that the transit goods were not exported or lodged with Zimra within the prescribed period.
"There was also evidence that the trucks crossed into Zimbabwe illegally. On that basis Zimra was entitled to seize the trucks pending a final decision by the commissioner. Accordingly, the application is dismissed with costs," the judge ruled.