Customs authorities impounded the vehicle on the pretext that it had not paid the requisite customs duty and Value Added Tax (VAT).
Ginimbi, as Kadungure is known in social circles, filed an urgent court application seeking to get back the vehicle. In his founding affidavit, Kadungure said:
In the interim, I seek an interdict prohibiting the first respondent (Zimra) and her officers from seizing or embargoing my vehicle on the basis that the duty paid was insufficient without first seeking an order from this court to that effect.
Ginimbi sought for an order declaring that section 192 of the Customs and Excise Act is unconstitutional since it is being used by Zimra to infringe his rights as provided in section 68 and 71 of the Constitution of Zimbabwe.
The wealth-flaunting socialite submitted papers to the court showing that the vehicle cost him R1.9 million (about US$132,000).
He said that he appeared personally at the border and filled in Form No 52A – which is a customs duty declaration form – and the customs officers responsible inspected the vehicle and … an invoice for customs duty and VAT was issued.