Jurisdiction of Criminal Courts in Customs Matters

Case Summary

CourtHigh Court of Zimbabwe, Bulawayo

JudgeMathonsi J

PartiesApplicant: Zimbabwe Revenue Authority (ZIMRA), First Respondent: Sikhanyisiwe Mpofu, Second Respondent: Christian Ndlovu, Third Respondent: T. Tashaya N.O

TypeUrgent Chamber Application

Core IssueWhether a criminal court has jurisdiction to order the return of goods seized under Section 193 of the Customs and Excise Act when no criminal proceedings were initiated

OutcomeThe provisional order was granted in favor of ZIMRA, effectively staying the magistrate's order for the release of the seized fuel.

On March 29, 2016, ZIMRA seized 20,408 litres of petrol from first respondent and 7,450 litres from second respondent
Seizure was conducted under notices 014683L and 014684L on suspicion of smuggling
Public prosecutor declined to prosecute the criminal charges
First respondent wrote to Tredgold Court requesting release of fuel
Magistrate ordered release of 37,000 litres within 48 hours without hearing ZIMRA

Legal Principles & Considerations

Section 193 of the Customs and Excise Act prohibits criminal courts from ordering return of seized articles

Goods can only be returned by:

Commissioner General acting under the Act
Order of appropriate court in separate civil proceedings

Audi alteram partem rule (right to be heard) was violated

Criminal Procedure and Evidence Act Sections 59 and 61(1) were inapplicable

Court's Analysis & Reasoning

Magistrate lacked jurisdiction to make the order
No proper criminal proceedings were before the court
Order was made without hearing ZIMRA (breach of natural justice)
Respondents failed to institute proper civil proceedings
Magistrate’s actions were contrary to law and therefore void

Final Orders & Implications

The court granted the provisional order staying the magistrate’s decision, establishing that:

Criminal courts cannot order return of goods seized under Customs Act
Proper procedure requires separate civil proceedings
Orders made without jurisdiction are void
Natural justice principles must be observed

Case Summary

Legal Principles & Considerations

Court's Analysis & Reasoning

Final Orders & Implications

Case Study

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