The Lusaka High Court has reserved ruling to Tuesday in the matter where the Post Newspapers has applied for a stay of execution to restrain the Zambia Revenue Authority -ZRA- from closing the firm over failure to pay tax.
Judge Mwiinde Siavwapa scheduled Tuesday for ruling in the matter after hearing submission from lawyers representing the Post Newspaper and Zambia Revenue Authority-ZRA.
The Post Newspaper owes government over 26 million Kwacha in tax inclusive of penalties and liabilities.
The firm had earlier applied for Judicial Review in the Lusaka High Court following the ZRA’s rejection of its proposal to pay the tax liability in full.
But on October 30,2015 Judge Siavwapa quashed the Post Newspaper’s application for Judicial Review.
Judge Siavwapa ruled that the ZRA Commissioner General’s refusal of the Post Newspaper’s proposal to off-load the tax liabilities in installments did not defy logic nor accepted moral standards..
He ruled that the decision was in tandem with the right step a person charged with the responsibility of collecting tax on behalf of government, would make.
Judge Siavwapa added that the Income Tax Act clothes the ZRA-Commissioner General with enormous power to receive and collect tax on behalf of government.
He however noted that in doing so ZRA-Commissioner General must not abuse his powers.
On Friday, the Post Newspapers applied for a stay of execution restraining the Zambia Revenue Authority -ZRA- from closing their paper over nonpayment of Tax.
ZRA Corporate Communications Manager, Mumbuna Kufekisa said that the lawyers for the Post Newspapers delivered the court notices on Friday.
I hope the post should lose and be punished as tax evaders
Behind the letter of the law there is the spirit of the law. Closing private companies each time they face cash distress is never the spirit of the revenue authority law. The mission of the revenue authority is to collect taxes not to close companies. A closed company means no more PAYEE and no more corporate taxes. And certainly no more penalties. Thus no repeat business for ZRA
The authority does not make money. Companies do. Close all companies and you may as well close ZRA. By all means collect taxes. But be wise to preserve tax payers. By the way for each private company that closes, the economy shrinks proportionately. Some people never realise that small and medium sized companies are bigger employers than government. Further, targeting private employers in an economy with such…
THESE ARE TAX EVADERS BUT TREATED LIKE HEROES IN ZAMBIA. WHERE I LIVE THEY WILL TAKE YOU TO COURT IN YOUR ABSENCE. IN FACT SUMMONING YOU TO COURT IS JUST A LEGAL FORMALITY. THE VERDICT WILL ALWAYS BE THAT YOU PAY INCLUDING INCLUDING LEGAL CHARGES. NO ONE PLAYS WITH TAX HERE. PRETTY SURE THE SAME THING APPLIES IN THE CASE OF USA, CANADA, EUROPE, SCANDINAVIAN COUNTRIES, ETC. THERE’S NOTHING LIKE GRZ IS VICTIMIZING THE POST NEWSPAPER. IF YOU DON’T PAY TAX, HOW DOES THE GOVERNMENT PAY NURSES, DOCTORS, TEACHERS AND OTHER CIVIL SERVANTS AND EVEN MAINTAIN SOCIAL SERVICES AND MUNICIPAL ACTIVITIES? BA POST MULEBAKO SERIOUS. I MEAN I HAVE GOT NOTHING AGAINST YOU. BUT IF A POOR LABOURER IS PAYING TAX WHAT ABOUT YOU…
SOMETIMES I WONDER WHO DESIGNS BUILDINGS FOR ZAMBIA. THE ZRA BUILDING- WAS IT A CHARITY ORGANISATION THAT DESIGNED IT AS NO MONEY WAS PAID FOR IT? OR WAS IT REAL ARCHITECTURAL ENGINEERS FROM UNZA? IF ZAMBIA CAN’T DESIGN GOOD-LOOKING AND MODERN GLASS BUILDINGS, WHY NOT JUST COPY AND PASTE FROM THE NEIGHBOURING BOTSWANA? BECAUSE THIS ZRA BUILDING IS SO BLIND AND UGLY.
Peter – Oh, even just trying to keep our very ugly tuma buildings clean is so tough!!! This is the building housing our revenue collector – untouched since it was opened. It is dirty but the Director does not see it that way – look across Lusaka and all our towns – same mentality.
There is nothing unusual with Post paying its tax liability in installments. Given the current poor economy, Zambia cannot afford any company to close. Hate them or like them, the Post should continue in existence and support those jobs!
COURT KOLOPA WORKERS TAX,ORDINARY PIPO PAY TAX WHEN BUYING ELECTRICITY~WE DONT PAY IN INSTALLMENTS WE PAY IN FULL. THESE ARE THE PIPO WEAKENING Z KWACHA & THEN PRODUCE BAD COMMENTS SO KOLOPA IF THEY WANT SALE OR CLOSE IT BETTER WE VE OTHER PAPERS BETA THAN THIS. NO INSTALLMENTS PAY IN FULL. GOVT IS BORROWING & YET OTHERS ARE HOLDING GOVT CASH EVEN CHALLENGING AS TO WHY THEY RE BORROWING. THIS IS BLACKMAILLING IF YOU ASK FOR MONEY WE SHARE BE REPORTING NEGATIVELY SO THAT U FAIL WE REMAIN CONTROLLING. ITS VERY CLEAR WHY U HAVE BEEN REPORTING BAD ON LUNGU.THESE ARE HARD CORE CON MEN.WATCH THEM CAREFULLY ONLY THERE D CAN SAVE ~
In all fairness. Let ZRA to and collect tax from DeadNBC, Times, Daily Mail, Vision, Rchard Sakala. Dont mia judge me to be in support of the post. Its just a spirit of fairness.
The samw thing happening to the post will happen to Amos Chanda when he forms his media aftee hia stint at state house.
CLOAING THE POST WILL BE A VERY BAD PRECEDENCE FOR ZRA THAT WILL BITE THEM SOONER OR LATER. THE ACT WILL ALSO SCARE POTENTIAL INVESTORS THAT IN AN EVENT THEIR BUSINESS IS IN TROUBLE, THEN THEY MIGHT BE CLOSED DOWN AND NOT GIVEN A WINDOW TO CLEAR TAX AREAS IN INSTALLMENTS AS WELL AA HELPED STABILISE THROUGH A CONDUSIVE BUSINESS ENVIRONMENT BY GOVERNMENT.
OPEN YOUR EYES WIDE AND FAR PEOPLE. THESE ARE THE MISTAKES THAT COST US AFRICANS. WE ARE TOO POOR TO BE MAKING SUCH SILLY MISTAKES.
RUPIAH BWEZANI FIMO FIMO, ULI WABUFI SANA. ARE YOU SURE YOU ARE IN US of A? TRUE INVESTORS PAY TAX. HOW CAN THAT SCARE INVESTORS? ARE YOU SAYING INVESTORS SHOULD BE AVOIDING TAX AND ZRA SHOULDN’T DO ANYTHING ABOUT THEM NOT PAYING TAX, LEAST THEY FLEE? MULABEJA BASA.
What is the state of affairs here? Last week the Post were saying they don’t owe zra any tax arrears and that they were being victimised and now we are hearing as though they are admitting owing zra! What is the truth because if they do then they are quite arrogant and can easily mislead people!
The Post have a legal right to negotiate a tax repayment regime.
The ZRA have the power to accept or reject the Post’s proposal.
This is where the law stands.
ZRA cannot close the Post, but can recoup tax owed through the sale of the Post’s assets.
The Post can escape liability by declaring insolvency and bankruptcy. This should have happened long ago, but the ascent of Sata gave them a life line. They thought that through favourable government contracts they would make ends meet. Unfortunately, their champion died. Now, Kabimba is the only hope. HH may have become their saviour, but he is already co-habiting with arch-rival Zambian Watchdog.
Okay, so now we know how much The Post owes ZRA. But do we know how much ZNBC, Times of Zambia, or Zambia Daily Mail owe to ZRA? Or are we to believe these ones are up-to-date with their ZRA and NAPSA obligations???
There is no comparison iwe!!! These are government institutions that are subsidized by government.
poor point
Ah!!! Let them just shut it nd put to an end hate speeches,tribalism and regionalism propaganda in our country.This mmembe guy behaves like a Saint,when he is a actually a Demon,a beacon of Purity or righteousness or morality when he is a wolf,filthy thief,conman,backstubber nd a betrayer.This guy has finished a lot of people’s careers nd also sent many to their early graves because of his unethical and wicked way of reporting.
If you owe money kufuka, not being arrogant. Humility while asking for time is what other debtors do, not this arrogant Mmembe who is used to ordering people around because he had Michael wrapped around his forefinger. If Mmembe failed to you a long standing debt and he tells you to go to hell because he is untouchable what would you do? Now I offer Mmembe has several options:
1. Increase the price of his debt ridden newspaper to K20, ka ten ka chepa sana
2. Ask his friends at International Press Institute to lend him ka K26million to pay back ZRA
3. Elo kuti agoleka tuma assets tumbi, like sell one ka Post Courier truck out of the hundreds, but then limbi tuma trucks twa nkongole ka?
4. Kuti a lombako kuli ba HH pamupelako tu ma fat cows a goleka
But Mmembe must hurry with the…
But Mmembe must hurry with the above options pantu aba nkongole can make a run on his properties before he knows it, the vultures are waiting on the fence ka.
Mwakamona imisango shakwe ka Mmembe, same naku DBZ vs Zambian Airways, always trying to hide in the court process. No matter how clever you are, or how long it takes, the chickens always come home to roost. Even in heaven debt can follow you, naba Lesa bafwaya honest people kulya kumulu, ati nomba uko ufumine tawa mwene ati abana besukulu pa UNZA nangu CBU tabalekwata ama food allowances pantu walikana to pay your debts to public funded institutions? . Iwe Fred mambala pay up!
Really i wouldn’t like the post to be closed like Jesus wouldn’t wan’t any to go to hell but stubbornness will take one to hell as the stubbornness of the post will make them be closed.
Its difficult for the post to plan its tax payments if hurried up excessive bills ar served on it and payment has to be within hours, luckly we ve lawyer at plot one and justice wil prevail unles he has not run an meanful busines himself