HOME Affairs minister Ignatius Chombo, the police and the Zimbabwe Revenue Authority (Zimra) have been ordered to release the vehicles of a Mozambican businessman impounded after his arrest for alleged possession of army regalia early this year.
Source: Zim ruled off-side, Moz citizen wins vehicles case – NewsDay Zimbabwe March 22, 2017
BY SILAS NKALA
Mozambican safari manager Stephen Boshoff and his companions Karl James Landrey, Lovemore Damiano and Kefasi Tetellelle were arrested in Plumtree for alleged smuggling when they entered Zimbabwe through the Mphoengs border post, travelling in two South African registered vehicles.
Their vehicles were loaded with, among other items, 22 camouflage uniforms and 22 camouflage belts and 26 cases of bottled water.
Following their arrests, their vehicles and military fatigue were confiscated.
Even after charges were withdrawn against them, the police and Zimra refused to release their vehicles, prompting Boshoff to file an urgent chamber application seeking the release of the vehicles and goods, citing the act as unlawful.
Boshoff, in his application, cited officer-in-charge CID Law and Order Plumtree, the National Prosecution Authority, a public prosecutor identified as S Chinyanganya, senior public prosecutor Matabeleland, Martha Cheda, Chombo, a Kanjoma, Zimra’s station manager at Plumtree, as respondents.
On March 16, Bulawayo High Court judge Justice Nicholas Mathonsi ruled in Boshoff’s favour, ordering the parties concerned to release the confiscated goods and vehicles to the owner.
“The provisional order be and is hereby confirmed. It is declared that in terms of section 59(1)(a)(i) of the Criminal Procedure and Evidence Act Chapter 9:07 and following the withdrawal of charges against the applicant and other accused persons on January 9 2017 in CRB MPH 91-94/16 the respondents’ decision to refuse to return to applicant the motor vehicles being two Nissan Hard body pickup trucks . . . is unlawful,” Justice Mathonsi ruled.
“First and second respondents be and are hereby ordered to pay costs jointly and severally the one paying the other to be absolved.”
In his founding affidavit, Boshoff said he was employed as an administrator in Mozambique by a private company known as Safaris de Mozambique.
Boshoff submitted that the items at the centre of the row were declared at the port of entry.
“My purpose in entering Zimbabwe with the said items was to travel to Mozambique, where the 22 camouflage uniforms and belts were to be used for anti-poaching activities,” he said.
“Despite having declared the items, Zimra officials alerted the police, who searched the vehicles, seized the camouflage uniforms and camouflage belts, arrested my companions and charged them with unlawful possession or wearing of camouflage uniforms.”
He said the police seized letters authorising them to drive the said vehicles, temporary import permits for the vehicles, receipt for items held in respect of the vehicles, their contents and other documents pertaining to the import of vehicles into Zimbabwe.
Boshoff added that along with his compatriots, they were placed on remand, but were later released on bail.
During their detention, police ordered them to surrender their vehicles and contents to Zimra in Plumtree, which his lawyer has said was illegal, as the police were the only custodians of the property seized as evidence.
Boshoff said an opinion on the charges was sought by the prosecution in Plumtree, from the Harare NPA, which said the charges must be withdrawn.
Charges were subsequently withdrawn on January 9 this year and bail money refunded.
Ordinary citizens are barred from wearing any camouflage used by the army or any clothing related to it in Zimbabwe.
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