Harare Man Approaches The High Court Seeking Nullification Of SI 142

A Harare man, Godfrey Mupanga, yesterday (02/07/019) filed an application at the High Court seeking to set aside Statutory Instrument 142 of 2019 which scrapped the multi-currency system. The SI also made the Zimbabwe dollar the only legal tender for domestic transactions.

Mupanga wants the High Court to declare the SI null and void saying that it violates the parent or enabling legislation, the Reserve Bank of Zimbabwe Act Chapter 22:15. The RBZ is allowed to make by-laws or secondary legislation, but secondary legislation must be within the confines of the parent legislation (RBZ Act). His draft order reads:

1. It be and is hereby declared that the Reserve Bank of Zimbabwe (Legal Tender) Regulations S.I. 142 of 2019 are null and void in that they are ultra wires the enabling legislation viz the Reserve Bank of Zimbabwe Act Chapter 22:15 and therefore are in contravention of Section 134 (c) of the Constitution of Zimbabwe.
2. Alternatively, it be and is hereby declared that the provisions of Section 64 as read with Section 44A of the Reserve Bank of Zimbabwe Act Chapter 22:15 are unconstitutional and therefore null and void to the extent that they are inconsistent with Section 134(a) of the Constitution of Zimbabwe and/or for want of compliance with Section 134 (f) of the Constitution of Zimbabwe.
3. The decision by the Respondents to ban the multi-currency system in Zimbabwe prescribed by Section 44A of the Reserve Bank of Zimbabwe Act Chapter 22:15 as legal tender is grossly unreasonable in the circumstances and is thereby set aside.
4. Respondents to bear jointly and severally, Applicants’ costs.

The High Court is yet to set down the matter for hearing.

Meanwhile, the government has said that there is no turning back on currency reforms.

More: The Herald


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High CourtConstitution of ZimbabweReserve Bank of Zimbabwe

The High Court of Zimbabwe is one of the Superior Courts of Zimbabwe. The High Court deals at first instance with all high value and high importance cases. It also has a supervisory jurisdiction over all subordinate courts and tribunals. Appeals from the High Court... Read More About High Court

The Constitution of Zimbabwe is the supreme law of the Republic of Zimbabwe. Zimbabwe's latest constitution was voted for and approved in a referendum of 16 March 2013. Before the current constitution, Zimbabwe used a constitution negotiated at the 1979 Lancaster House Agreement as Zimbabwe... Read More About Constitution of Zimbabwe

The Reserve Bank of Zimbabwe (RBZ) is the central bank of Zimbabwe. Its offices are located at number 80 Samora Machel Avenue in Harare. The Reserve Bank of Zimbabwe operates under the Reserve Bank of Zimbabwe Act, Chapter 22: 15 of 1964. The Act provides... Read More About Reserve Bank of Zimbabwe

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