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Supreme Court

TWOTAP LOGISTICS PRIVATE LIMITED v ZIMBABWE REVENUE AUTHORITY

SC 3/23

Case Details

Court
Supreme Court
Date
12 January 2023
Citation
SC 3/23
Neutral Citation
[2023] ZWSC 3
Outcome
unknown
Case Type
Appeal

Bench

Presiding
CHIWESHE JA
Full Bench
GUVAVA JACHIWESHE JACHITAKUNYE JA
Areas of Law
Administrative LawTax LawCustoms Law
Keywords
SeizureForfeiturePrescription periodStatutory interpretationPoint in limine
Tags
Customs and ExciseForfeiturePrescriptionJudicial Review
legislation
Statutes Cited
  • Customs and Excise Act
  • Customs and Excise Act
  • Customs and Excise Act
  • Revenue Authority Act
  • State Liabilities Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the cause of action in this matter falls under s 193(12) (three-month prescription) or s 196(2) (eight-month prescription) of the Customs and Excise Act","issue_type":"law","dispositive":"yes","related_facts":"Seizure on 18 July 2020; proceedings instituted on 2 March 2021; challenge is to forfeiture not seizure"}
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background
Facts of the Case

Background

The appellant's truck was seized by the respondent's officers at Beitbridge Border Post for carrying diesel instead of the declared crude degummed soya beans oil. The Commissioner Customs and Excise later forfeited the truck, trailer, and contents. The appellant challenged the forfeiture in the High Court, but the application was dismissed on the basis that it had prescribed under the three-month period in s 193(12) of the Customs and Excise Act.
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