15 January 2003

Mozambique: Customs Seizes Renamo Deputy's Luxury Car

Maputo — The Mozambican customs service in the central city of Beira has seized a luxury car from a prominent opposition parliamentary deputy, on the grounds that he imported it not for himself, but for a local businessman.

One of the privileges deputies enjoy is that they may import vehicles duty free exclusively for their own use. They may not sell or give these cars to other people, including members of their own family - and if they choose to do so, the new owner is immediately liable to pay the duty. But for years there have been signs that deputies have abused this right, by importing cars which are then sold on to other people - this privilege thus becomes a form of tax evasion.

In 2000, Francisco Machambisse, a deputy of the former rebel movement Renamo, imported a Mercedes-Benz saloon, series E240/2000. Although the car was imported in Machambisse's name, the person always seen driving it round Beira was businessman Aly Bay, owner of the company Electro-Beira. Customs deduced that the real owner of the vehicle was not Machambisse but Bay. Asked about the seizure by AIM, Machambisse said the car belonged to him, and he had just "lent" it to his friend Aly Bay.

Naturally, Bay tells the same story, and claims to have been deeply shocked by the seizure.

Bay said that a team of six customs officers came to his office, and demanded that he show them all the documents concerning the Mercedes. They wanted to know how it came to be in his possession, since all the documents mentioned Machambisse's name.

Bay says he offered no resistance when the customs team took the car away. "I really don't understand why the car of my friend Machambisse had to be taken away by customs", he complained. "He simply lent it to me, and I think that's normal".

Bay thought that perhaps customs would be justified in imposing a fine for the irregular use of the car - but instead they had taken it away several months ago and had not returned it. Thus the seizure occurred in late 2002, and only now has it become public knowledge.

Bay added that only one of the customs officers was uniformed, and they presented no warrant to take away the car.

A customs spokesman told AIM that Machambisse had broken the rules governing the import of cars by deputies. Such vehicles can only be imported duty free, if they are for the personal use of deputies, as the decree governing the matter makes clear. If the car is "lent" to somebody else, then it is clearly not being used by the deputy.

As for the delay in taking a final decision as to the fate of the Mercedes, the spokesman said the matter was being carefully studied. Customs did not want to take any "precipitate decision".

"We have confirmed from the documents that the car belongs to the deputy, and we can also prove that the car has been driven by the businessman for a long time", the spokesman added.

He thought there were now two possibilities. If Machambisse could prove that the Mercedes was still his property, and if he promised to use it personally in future, then it could be returned to him.

Or, if he wanted to continue to lend it out, or to sell it, then somebody would have to pay the customs duties.

These are not cheap. The Mercedes cost 31,000 US dollars.

The customs duties on such a luxury car are 105 per cent. Machambisse, who is one of the most strident and hard-line of Renamo deputies, claimed that the incident was a case of "political blackmail". He alleged that customs had seized the car because he was from Renamo.

But in fact the Beira customs have also seized a luxury vehicle from a prominent member of the ruling Frelimo Party. This vehicle is a Toyota Land Cruiser VB, imported by Beira businessman Ganha Ah-Kom, who is a member of the Frelimo Central Committee, and of the Beira Municipal Assembly.

Customs took the Land Cruiser because it did not believe the invoice presented by Ah-Kom, which said he had paid only 9,000 dollars for the car, an impossible price for a new Land Cruiser.

AIM discovered that this car has been held by customs for about two years. This case would seem to indicate that the customs service in Beira does not look at citizens' political affiliations before taking action.

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