Hubert Kasongo Mbwembwe v Zimbabwe Revenue Authority

Key Issues

• {"issue_text":"Whether the application was urgent given the delay in filing","issue_type":"procedural","dispositive":"no","related_facts":"Goods seized on 24 May, application filed 9 June"}
• {"issue_text":"Whether the applicant failed to exhaust domestic remedies","issue_type":"procedural","dispositive":"no","related_facts":"Applicant made representations and appealed to Commissioner"}
• {"issue_text":"Whether there was material non-disclosure regarding driver's prosecution","issue_type":"procedural","dispositive":"no","related_facts":"Driver was prosecuted but not the applicant"}
• {"issue_text":"Whether notice of intention to sue was required under s 196 of Customs and Excise Act","issue_type":"procedural","dispositive":"no","related_facts":"Application was urgent"}
• {"issue_text":"Whether the goods should be released as transit goods","issue_type":"mixed","dispositive":"yes","related_facts":"Documents showed goods in transit to Zambia"}

Background