Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
A BINGA fishing company has approached the High Court challenging the seizure of its fishing rig by the Zimbabwe Parks and Wildlife Authority (Zimparks) for allegedly operating in the Zambezi River without a valid permit.
Susan and Crown Investments, through its lawyers Shenje and Company, filed an application at the Bulawayo High Court citing Zimparks as a respondent.
The company wants an order nullifying the confiscation of its vessel, arguing that the move is illegal.
Zimparks rangers impounded the rig registered under KF 2491 after Susan and Crown Investments allegedly failed to renew the licence which costs the equivalent of US$2 000 in local currency.
In his founding affidavit, the company’s managing director, Mr Crown Masendu said the vessel was confiscated by Zimparks officials on April 6 this year on allegations that they were fishing without a valid licence thereby violating section 85 of the Parks and Wildlife Act.
“Since 2013, the fishing rigs KF 2491, KF 2494 and KF2489, which were all properties belonging to the company, were operating under one permit, which was being renewed annually in terms of the respondent’s requirements,” he said.
Mr Masendu said at the time of confiscation of the rig, Zimparks had already issued a separate fishing permit to his former wife purportedly using the trade name.
This was after his ex-wife, Susan, had approached Zimparks’ officials armed with the divorce order and obtained the permit for the property awarded to her in terms of the divorce order.
“Susan and Crown Investments applied for and obtained the permit on March 31, 2019, and therefore the respondent would at law, be taken to have issued a permit to Susan and Crown Investments. Nothing has changed as far as the entity was concerned,” he said.
Mr Masendu argued that his former wife or Zimparks could not lawfully create an entity separate from Susan and Crown Investments, which was the lawful holder of the permit renewed on March 31, 2019 as S & C Investments.
“The respondent, realising the mistake it had made in purportedly issuing a licence under S & C Investments, then issued a separate permit to me on July 2019. It however, refused to release the vessel and insisted on payment of a fixed released fee of the equivalent of US$2 000 in local currency,” he said.
“The respondent’s conduct is therefore illegal whichever way one looks at the matter. It has no valid excuse to continue holding onto the vessel and I pray that an order be granted compelling Zimparks to release vessel KF 2491 unconditionally.”
Zimparks is yet to respond. —@mashnets
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