A local cement importer, Augutich Investments (Private) Limited has approached the High Court seeking an interdict against the Minister of Finance and Economic Development over the recently introduced surtax which they claim is unlawful and contradicts the COMESA regulations.
According to lawyer Ashriel Mugiya who is representing the company’s CEO, Levy Mashingaidze, the surtax was introduced through the Customs and Excise (Surtax Tariff) (Amendment) Notice, 2025 (No.6), which was promulgated on May 16, 2025.
The new regulations have been met with fierce resistance from importers, who argue that the surtax contradicts the COMESA agreement, which exempts member states from paying duties on goods imported from other member states.
Mashingaidze argues that the surtax will cause irreparable harm to their client’s business, as they have already purchased cement from Zambia, a COMESA member state, and will be subjected to retrospective taxation.
The court papers reveal that the company has 50 haulage trucks stuck at the Chirundu border post, incurring demurrage charges of $10,000 per day, due to the new tax obligations.
Mugiya says the government’s actions may be in conflict with the COMESA Treaty, which aims to promote economic integration and cooperation among member states.
“My client is in the business of importing cement from Zambia, so this statutory instrument is a direct violation of the other one which was promulgated in 2000 which exempt taxi from goods that are manufactured from COMESA member states,” Mugiya said
The development has raised concerns about the country’s commitment to regional integration and trade agreements, and may have far-reaching implications for the country’s economy and business community.
