Kereke tax case struck off roll

Chief Court Reporter
The Supreme Court yesterday struck off the roll the case in which RMC Hospital owner Dr Munyaradzi Kereke is challenging a decision of the High Court compelling him to settle a US$1,7 million tax arrears with the Zimbabwe Revenue Authority.
The hearing could not commence yesterday after the court found an anomaly in the appeal and struck it off the roll.
This means Dr Kereke’s lawyers will have to file a fresh appeal in conformity with the rules of the Supreme Court.
Justices Paddington Garwe and Susan Mavangira concurred.

Advocate Uriri had sought to amend the grounds of appeal, which the court refused.
The court agreed with Advocate Thembinkosi Magwaliba who appeared for Zimra that once the court accepted that the notice of appeal was invalid an amendment could not be done on something that was non-existent.

Dr Kereke wants garnishee orders imposed on RMC Hospital’s major debtors stayed pending determination of an appeal to Zimra’s Commissioner-General on November 21 last year, including any appeal to the Fiscal Appeals Court.

But Zimra argues that Dr Kereke should not seek the court’s assistance to aid him bar the tax collector from exercising its lawful mandate.
Zimra imposed garnishee orders on RMC’s major trade debtors — Cimas, Premier Service Medical Aid Society and Stanbic Bank — to collect tax liabilities amounting to US$3 297 103,62.

Zimra subsequently slashed RMC’s tax bill to US$1,7 million when Dr Kereke submitted information required for tax assessments.