BULAWAYO – A police officer who imported his vehicle through a duty free scheme for civil servants before it was seized by ZIMRA has failed in his bid to have it returned after a High Court judge questioned the competence of his lawyer.
Justice David Mangota of the Bulawayo High Court said lawyer Dereck Kossam had badly let down Tinashe Bvongodze by failing to follow basic rules “clear provisions of the law”.
The judge said because Bvongodze was suing a government institution, he was supposed to give ZIMRA a 60 days’ notice first.
The law says no civil proceedings shall be instituted against the state, the commissioner or any officer for anything done or omitted to be done by the commissioner, or an officer…relating to customs and excise until sixty days after notice has been given in terms of the State Liabilities Act.
“In suing the respondent (ZIMRA) as he did, the applicant (Bvongodze) sued an institution of government. He did so without having served upon it the requisite 60-days’ notice,” Mangota noted.
“His suit is therefore of no moment. The argument which counsel for him raised during submissions is misplaced.
“As the respondent correctly submits, the applicant’s failure to give the requisite notice is fatal.
“He is, accordingly, barred from approaching the court. He has no right of audience until he complies with the law.
“The application is, in the premise, struck off the roll with costs.”
In his application, Bvongodze, a police officer, had cited Zimra and the Zimbabwe Anti-Corruption Commission as respondents.
He told the High Court that he successfully applied to import a motor vehicle into Zimbabwe in terms of Statutory Instrument 124/22 as read with Public Service Commission Circular number 2/22 which waived import duties on vehicles for civil servants.
Following the success of his application, Bvongodze imported a Toyota Passo.
But on October 12, 2023, ZIMRA confiscated the vehicle on allegations that Bvongodze fraudulently imported it into the country.
Bvongodze accuses ZIMRA of bias, malice and corruption in the decision which it made.
He asked the High Court to set aside ZIMRA’s decision and order the tax collector to return his vehicle pending investigations by ZACC on allegations which are levelled against him.
The judge said his lawyer slept on the job.
“He made his own bed of thorns and he should not, therefore, fail or fear to lie upon it,” Justice Mangota said
“He blames no-one else but himself for his choice of a legal practitioner who, to all intents and purposes, appears to have suffered from serious dereliction of duty.”
Bvongodze’s lawyer Kossam is an ex-police officer.
