{"issue_text":"Whether the application had prescribed under s 193(12) of the Customs and Excise Act","issue_type":"procedural","dispositive":"no","related_facts":"Application filed after 3 months from seizure"}
{"issue_text":"Whether applicant complied with s 196 notice requirement","issue_type":"procedural","dispositive":"no","related_facts":"Notice given on 13 October 2020"}
{"issue_text":"Whether forfeiture was lawful given applicant's role as transporter","issue_type":"law","dispositive":"yes","related_facts":"Applicant was transporter, not importer; clearing agent made false declaration"}
{"issue_text":"Whether differential treatment violated s 56(1) constitutional right to equal protection","issue_type":"constitutional","dispositive":"yes","related_facts":"Similar cases resulted in fines, not forfeiture"}
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background
Facts of the Case
Background
The applicant's three trucks were seized by ZIMRA on 17 July 2020 for allegedly smuggling fuel falsely declared as crude degummed soya bean oil. After internal appeals were declined, the applicant approached the High Court seeking to set aside the forfeiture.
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