The Supreme Court has ruled in favour of Zambia Revenue Authority in the case where the High Court granted the Post Newspapers a stay which prevented ZRA from levying distress on the Post.
Events leading to this appeal were that The Post Newspapers Limited commenced judicial review proceedings challenging the decision of the Commissioner General to reject the Post’s proposal to pay its tax liabilities in installments.
The Newspaper firm was also challenging the Commissioner General to respond to a letter which was addressed to Commissioner Domestic Taxes.
In its judgment dated June, 13th 2016, the Supreme Court reversed and set aside the ruling of November 10th 2015, by the High Court.
The Supreme Court agreed with ZRA that the learned trial Judge erred in law, in granting, “stay of execution”, after he had held that the Post Newspaper’s pending appeal had no prospect of succeeding.
It noted that in effect, the learned trial Judge granted the “stay” purely for the convenience of the Post Newspaper.
The Supreme Court stated that Courts should not be swayed by sympathy into making moral judgments.
The Supreme Court also agreed with ZRA that the High Court erred in law when it granted the stay for 90 days after the decision of the Supreme Court, on the pending appeal.
The Supreme Court stated that the High Court went beyond its jurisdiction as the High Court tried to exercise the powers of the appellate court.
Further, the Supreme Court noted that the pending appeal by the Post Newspaper did not question the amount due and agreed with ZRA that in issuing of the stay, the High Court disregarded Section 77 Clause 4 of the Income Tax Act, which requires that Tax be
The Supreme Court upheld ZRA’s appeal on the basis that the High Court ought not to have granted the stay since there was nothing to stay as the judgment in issue was not capable of being stayed.
The appeal was allowed with costs to ZRA, to be taxed in default of Agreement.
On the 30th day of October, 2015, the High Court delivered its judgment in which it dismissed the Post’s motion for judicial review for want of merit.
Following the dismissal of its motion for judicial review, the Post Newspaper applied for a stay of execution of the judgment pending appeal.
On the 10th day of November, 2015, the High Court delivered its ruling and granted the Post Newspaper a stay which prevented ZRA from levying distress on the Post.
It is against the ruling of November, 10th 2015 that ZRA appealed to the Supreme Court.
Good. Next please.
WHy ere and print this if you cant explain the remaficiations .
Essentially people here want to know what the short term consequences are,
Should the Post pay their tax, yes, should the case have gained monumentous acceleration intime for the elections, NO
The judge/s are obviously working under instruction.
As long as the Post exicst until August 12th, they know what they have to do , to drum up the support.
Terrible reporting and also tactics by the current regime.
Thanks
BB2014
HAS CHAGWA PAID HIS TAXES ON HIS ILL-GOTTEN MILLIONS WHICH HE HAS DECLARED PUBLICLY??????
ZRA WE WANT ANSWERS!!! WE cant HAVE TAX DODGERS STANDING TO BE ELECTED TO THE HIGHEST POST IN THE LAND – What sort of message is that to the rest of TAXPAYERS?????
ECZ & Chulu should tell us why CANDIDATES HAVE TO DECLARE THEIR WEALTH IF IT ISN’T FOR THE SOLE PURPOSE TO VERIFY THAT THEIR WEALTH HAS BEEN TAXED & IT IS ALSO CLEANLY OBTAINED!!
Vote wisely 11/8/2016!! vote ZAMBIA FORWARD!! VOTE UPND!! abantu baya!!
#chagwamustfall!! #pamaFIkuyabebele!!
I thank you!!
ZNBC, Daily Mail and Times of Zambia all owe ZRA..what is the big issue here. An amicable payment plan has to be worked out
Cartel being dismantle brick after brick
What is the meaning of this outcome. Now the post is closed?
Let them pay since they are saints. elo ninvele chi muntu ati fwenku P.F
Umo achite nyo nyo walamona uleponoka!
If as an individual I pay tax, why should a company owned by a person like me decide to default on paying what is due to ZRA and the same people start saying government is failing to bring development? K53 can build a rural school. Now ZRA pounce on them
K53m will not build schools. This will just be used to bring in more chitenges for PF and organise dance and booze parties called PF rallies.
Ok so HH’s Intel was accurate…..
You dont need intel for such…just common sense.
On 30 october 2015,the hight court ruled against the post;on 5.november the high court granted the post judicial review.was it the same judge or different judges?why same court issueing contraditory judgement?the timing looks political to me;
The POST knew their appeal had no chance to succeed that is why they began by canvassing amongst their friends, UPND and the so called Rainbow party for sympathy.
They must pay or close.
give back to caesar what is caesar’s period.
Please ZRA get their assets if they can’t pay.the same newspaper was busy condeming GRZ about the delayed salaries for civil servant yet they witheld the same monies meant for GRZ workers.ba shetan imwe.
If you are sympathetic to The Post, do what Kabimba requested by donating the needed amount so that The Post can pay their Tax that has been long overdue.
That is what people can do.
Time will come for PF to be on the other side.Only unwise people do not learn from history.They say karma is a b***h.
Comment: wrong timing indeed. God help us.Even judges are in for hiding the information to people by trying to silence the media that reports real issues. Anyway, whatGOD has approved nobody can change it. Let us wait and see 11th august is just arround the corner.
We r o sick & tired of the holier than thou post newspaper. There is a saying that if u leave in a glass house dont throw stones. Post throws stones, regardless. So they either ve to keep their behind clean o face the consequences. ZRA, please go recover the money due to boma. Now!!!!
Thank you ZRA, your professionalism and dedication to duty is hereby applauded and acknowledged. Now move in and collect those moneys in any form the best you do. Do the same to other businesses like Mmembe’s. Well-meaning Zambians, be awakened to the fact that law is law, boma is boma. No one is above the law; not even Chagwa himself. We shall not feel sorry for lawlessness.
To symphathisers, Wynter and HH kindly put your heads together and help your fellow, Mmembe, he has been covering your a.sses in his tabloid day in day out. @ HH, it is not through senseless riots and protests but just a simple payment of what disgraced Mmembe owes.
Thank you ZRA, your professionalism and dedication to duty is hereby applauded and acknowledged. Now move in and collect those moneys in any form the best you do. Do the same to other businesses like Mmembe’s. Well-meaning Zambians, be awakened to the fact that law is law, boma is boma. No one is above the law; not even Chagwa himself. We shall not feel sorry for lawlessness.
To symphathisers, Wynter and HH kindly put your heads together and help your fellow, Mmembe, he has been covering your thick heads in his tabloid day in day out. @ HH, it is not through senseless riots and protests but just a simple payment of what disgraced Mmembe owes.
Thank you ZRA, your professionalism and dedication to duty is hereby applauded and acknowledged. Now move in and collect those moneys in any form the best you do. Do the same to other businesses like Mmembe’s. Well-meaning Zambians, be awakened to the fact that law is law, boma is boma. No one is above the law; not even Chagwa himself. We shall not feel sorry for lawlessness.
To symphathisers, Wynter and HH kindly put your heads together and help your fellow, Mmembe, he has been covering your dunderheads in his tabloid day in day out. So HH, it is not through senseless riots and protests but just a simple payment of what disgraced Mmembe owes.
At last Mmembe Can Pay tax now.thanks mr walk the tolk.and the court
Bravo….let them pay.
53.8 million kwacha is a lot of money, This is not animal farm. And under 5 boss is busy defending post newspaper..shameful
Ati i will come and cancel the debt ….foolish
The Post has always insisted on justice and the prosecution of corrupt people. Is it not just that the Post should pay the tax that is due? It is tax that develops a country and if out of sympathy, anyone wants to exempt the Post from doing this, then the Post must never comment on matters of governance and government expenditure. Simple really. ‘What about other Newspapers like the Times and Daily Mail?’ The Post will ask. Well, as a lawyer ‘professor’ M’membe knows that one is never acquitted because others have not been caught.
Mmembe’s Lawyers knew from the start that the case was a bad one from the start. So what HH was saying was actually contempt of court for prejudicing a case before the court. If the law takes its course HH and Company will blame Edgar Lungu. One part of THE CARTEL has been disabled. Go ECL !
Yes,let evil Fred M’membe now k53 million to ZRA!!this is good news indeed!!!NOT EVEN TRIBAL HH CAN SAVE THE POST NEWSPAPER HERE.IT MUST PAY OR CLOSE DOWN-WONDEFUL INDEED!!!PF REALLY MEANS WELL FOR MOTHER ZAMBIA!!!SONTA APOWABOMBA HH!!!”UMUNTU NI LUNGU-2016!!!GO PF GO!!
You are the only one who has used the correct Bemba i.e. sonta apo wabomba. The majority are saying sonta epo wabomba which is grammatically wrong.
It is morally right for the POST to pay tax.
If Zambia is a Christian nation, why do we fight and planning evil for each other? If the GOD we worship is one, why do we oppose each other? If Zambia is one why are we getting so divided every yr, Let the government fogive the post news and the post do like ways. But remember to balance the news, not eveday Lungu, ( olo sunagule but uzaziba kuti headline ni Lungu) is he alone? What of me Patrick Mstine wen am I going to make the headline? I also need to be covered please, please.
And mr HH wanted to look smart that hd had intelligence information that grz wanted to shut down Post. Kanshi the truth is that the judgement was already delived on 13th . Shamuna shame underfive. Didnt I say it that HH was reading script prepared by Mmbe to try and preempt a lost case by gaining public sympathy. Waloba ilya uma, nobody sympathises with the Post and Mmembe anymore unless you are stiupid. Every zambian knows and hates the cartel and Mmembe in particular. HH is not factor when.people have decided what they want.
Ba Post, you ran to court when ZRA called at your door step. So accept the decision of the wheel of justice. If Fred read his law correctly, he must have known that the scale of justice can tip either way. He also ought to have known that by running to court instead of owning up to his tax obligations, he was merely delaying this sad ending.
TAX HAS A DUE DATE AND THE DUE DATE FOR THE POST ELAPSED A LONG TIME AGO , THEY HAVE TRIED TO DELAY WHAT THEY KNEW WOULD HAPPEN SO BA POST ITS TIME TO PAY NOW FINISH AND KLAR! THERE IS JOY IN PAYING TAX – NO HASSLES !
Why can’t Membe ask HH to assist him pay the debt?
Haha! Afrika surely! Zambia in particular!!! An entity has defaulted on tax and they garner support from the very population that has been ROBBED!??? Now we bring in TIMING and dark forecasting of when the ruling party will be “ON THE OTHER SIDE”???? What kind of governance do you people subscribe to? DISGUSTING!
want’s so speacial for membee not to pay TAX how sacreed is he not to give what belongs to caesar let him pay, DBZ is also another issue and we have kept quiet. stand for our TAX
Cheating and failing to pay tax in other countries is criminal, my former workmate is serving 5 years prison term in Germany for failing to pay tax.
Let him pay we all pay-taxi
Crying the victim will not work this time around for the Post News paper. They have vilified and crucified so many people that they ought to be taken to account too in all fairness. They owe tax and there are no two ways about it- they have to pay. They say those who live in glass houses should not be throwing stones at others.
Many of us have regrettably come to the realization of the fact that the Post is no longer the paper we respected. The paper has lost all semblance of ethical reporting and have totally lost the moral high ground it used to have. The newspaper need new management if it is to be redeemed. With Meembe at the helm and still influencing what gets reported, the Post Newspaper is no longer practicing journalism
Surely ZAMBIANS, should the law go to sleep towards election time for the sake of THE POST? How dare some people say wrong timing? Can they narrate to us the RIGHT time when the case should have been heard.
Politics or no politics…we are the poor zambians pay our taxes but why not the post. If the post wants to beat the PF government..pay your taxes.