Nhau News Online News that is accurate, reliable, trustworthy!!
The Government has intensified efforts to combat fraudulent activities, closely monitoring vehicles imported under the Civil Service Rebate Scheme to ensure adherence to legal protocols.
This follows allegations of widespread abuse of the scheme, including the use of counterfeit rebate letters to unlawfully import vehicles. Central to the scandal are 19 police officers from Mashonaland West Province, accused of bypassing legitimate channels to acquire vehicles.
Instead of complying with the Zimbabwe Revenue Authority’s (Zimra) directive for post-clearance audits, the officers filed an urgent High Court application seeking to halt the process, signaling rising tensions between law enforcement and tax authorities.
The Civil Service Rebate Scheme was introduced to allow eligible civil servants to import vehicles under tax rebates.
However, allegations suggest some beneficiaries manipulated the system using fraudulent rebate letters. A November 22 directive from the Commissioner-General of Police mandated officers who benefitted from the scheme to present their vehicles for audit by November 29, 2024.
Rather than comply, the accused officers argued that they had followed all legal requirements and that their vehicles underwent proper clearance.
Represented by lawyer Mr. Jimmy Zuze, they claimed the directive was unlawful and alleged that confiscation of some vehicles amounted to illegal property deprivation. Zimra, represented by lawyer Mr. Tinashe Lester Marange, countered these claims, asserting that the agency was acting within its legal mandate under the Customs and Excise Act.
According to Mr. Marange, Section 223A of the Act allows Zimra to conduct post-clearance audits, which include both document and, if necessary, physical inspections. He clarified that the vehicles were not seized but only required temporarily for auditing.
The Commissioner-General of Police, represented by Mr. Tinashe Serengwa, argued that the police were merely facilitating Zimra’s lawful directive. He cited Section 219(2)(b) of the Constitution, which mandates police cooperation with other agencies to prevent offences. Mr. Serengwa described the audit as a lawful operation aimed at ensuring accountability. The case was heard in the Chinhoyi High Court before Justice Phildah Muzofa, who dismissed the officers’ application with costs.
Justice Muzofa ruled that Zimra’s post-clearance audits were lawful mechanisms to uphold the integrity of the rebate scheme.
“Section 223A gives Zimra powers to conduct post-clearance audits to ensure goods were properly imported. This is a lawful process that cannot be interdicted,” Justice Muzofa stated.
She emphasized that Zimra’s approach, beginning with document examination and escalating to physical inspections if irregularities arise, complied with the law. The officers failed to provide evidence of unlawful seizure and did not engage with the designated Zimra official for clarification.
