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.

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