Chronicle Editor
Mashudu Netsianda, Senior Court Reporter
THE High Court has ordered Umguza Rural District Council to release a truck belonging to a local safari lodge, which it had impounded for carrying “poached” firewood.
The ruling by Bulawayo High Court judge Justice Maxwell Takuva follows an urgent chamber application by Sondelani Game Lodge, through its lawyer Ms Martha Mazango of R Ndlovu and Company, challenging the illegal seizure of its truck, a Nissan Diesel.
The truck was impounded by Umguza RDC despite the existence of a valid permit.
In papers before the court, Umguza RDC was cited as a respondent.
Justice Takuva ruled that the decision by Umguza RDC to impound the truck was illegal since there was a valid permit.
“The respondent be and hereby ordered to forthwith release the applicant’s motor vehicle being a Nissan Diesel registration number ABG2668 impounded on 21 January 2020,” ruled the judge.
In his founding affidavit, Sondelani Game Lodge director, Mr Basil Roy Steyn, said his truck was impounded by Umguza RDC security guards and the driver was ordered to pay a fine for firewood poaching despite the existence of a valid permit.
“The respondent’s employees requested for a permit for the transportation of the firewood and the driver indicated that he had left the document at the company offices. The respondent’s employees proceeded to impound my vehicle and arrested the driver and issued him with a penalty ticket,” he said.
“On the same day, my driver proceeded to our offices and collected the permit and furnished it to the Umguza RDC officials, but they refused to release the truck together with the firewood.”
Mr Steyn said the ticket, purportedly issued in terms of section 8 of the Statutory Instrument 179 of 1996, was unlawful.
“Section 8 of the SI 179/96 does not create the offence which the applicant’s driver was charged with neither does it create any offence. Therefore, the respondent’s actions to impound my vehicle based on a section which does not create the offence has no legal basis and is unlawful,” he said.
Mr Steyn said he also uses the impounded truck to ferry stockfeed for wild animals kept at his safari lodge in West Nicholson hence the urgency of the matter. – @mashnets
Online Reporter