THE STATE v TERRENCE MUKUPE, SAME KAPISORISO, JOSEPH TADERERA and LEONARD MUDZUTO

HH 629-23

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Case Details

Court

Harare High Court

Date

8 November 2023

Citation

HH 629-23

Neutral Citation

[2023] ZWHH 629

Outcome

unknown

Case Type

Trial

Bench

Presiding

CHIKOWERO J

Full Bench

CHIKOWERO J

Areas of Law

Criminal LawCustoms Law

Keywords

FraudMisrepresentationTransit ClearanceDieselZimbabwe Revenue AuthoritySmuggling

Key Issues

{"issue_text":"Whether the State proved beyond a reasonable doubt that the accused persons unlawfully and intentionally imported or assisted in the importation of 138,979 litres of diesel without payment of duty, as per the alternative charge under s 174(1)(e) of the Customs and Excise Act.","issue_type":"fact","dispositive":"yes","related_facts":"Misrepresentation of destination, deviation from route, contents of trucks being water, first accused's attempt to prevent examination."}
{"issue_text":"Whether the main charge of fraud is established if the alternative charge is proven.","issue_type":"legal","dispositive":"yes","related_facts":"All facts related to the alleged fraud."}

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Facts of the Case

Background

The State alleged that the accused persons conspired to import 138,979 litres of diesel from Mozambique into Zimbabwe under the guise of a transit shipment to the Democratic Republic of Congo, thereby evading customs duty. Upon physical examination at Chirundu Border Post, the trucks were found to contain water instead of diesel. The court found that the diesel had been decanted in Zimbabwe and replaced with water as part of a scheme to evade duty.

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