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Exchange Control, International Trade and the International Value of a Currency

Appealed
HH11-12 : BRENNAN'S DIESEL SERVICES (PRIVATE) LIMITED vs TENDA BUS SERVICE (PRIVATE) LIMITED
Ruled By: KUDYA J

In his oral submissions, counsel for the defendant conceded that in the light of the sentiments expressed in Macape (Pty) Ltd v Executrix Estate Forrester 1991 (1) ZLR 315 (SC)…, that the agreement to pay in foreign currency in Zimbabwe was lawful even though actual payment could not be made without the authority of ...
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HH38-12 : PAUL CHIONISO MAWACHA AND CECILIA MAWACHA vs STERBY NHAMO AND INNOCENT NHAMO AN ANOTHER
Ruled By: KUDYA J

Section 5(1)(a)(ii) of the Exchange Control Act [Chapter 22:05] as read with section 4(1)(a)(ii) of the Exchange Control Regulations S.I.109 of 1996 penalizes exchange of any foreign currency with any person other than an authorized dealer. Section 4(1)(a)(ii) and (3) of the Regulations states: "(1) Subject to subsection (3), unless permitted to do so by an exchange ...
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HH05-10 : JACKSON MUGUTI vs UBOXIT WORLDWIDE (PVT) LTD AND TWO OTHERS
Ruled By: MAKARAU JP

The facts giving rise to this claim are commonplace. They epitomize the trading pattern in the country prior to February 2009 when the fiscal authorities officially authorized the populace to trade in multi-currencies that they identified. In testing whether a transaction that is paid for in foreign currency is illegal or not, I have invariably sought guidance ...
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HH25-09 : KWINDIMA FABIOLA vs MVUNDURA LOUIS
Ruled By: MAKARAU JP

The plaintiff issued summons against the defendant on 19 May 2007 seeking an order for the payment of damages in the sum of $20 billion. In her declaration, she averred that she had purchased, from the defendant, certain immovable property situate in the district of Kariba for the sum of $180 billion which she paid in ...
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HH01-09 : CONSTANTINOS BAKARIS vs GEORGE KATTAVENOS
Ruled By: KUDYA J

Share prices are based on a variety of factors. These are grouped under the headings of fundamentals and sentiment. The historical and future performance of the businesses in which Old Mutual operates in, the strength of its management team, the economic environment in which they operate, and the strength of those business units, are some ...
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HH120-09 : EDSON MUDZIVO AND EMILY MUDZIVO vs NOREST NYAMAKOPE
Ruled By: MAKARAU JP

Further, in opposing the application, the respondent avers that, in any event, it was not lawful, in October 2008, for the parties to transact in foreign currency without the approval of the exchange control regulator. Neither of the parties had this prior approval. It is common cause that at the time that the parties entered into the ...
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HH124-09 : MAXWELL TAWODZERA AND MARGARET TAWODZERA vs DANNY MASUKUMA
Ruled By: MAKARAU JP

Having found that the binding agreement between the parties is the first Agreement, in which the price was denominated in foreign currency, the next issue that arises is whether such a contract can find expression in this court. The defendant has argued that the contract is illegal and that this court should apply the ex ...
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HB09-09 : TERENCE ALAN BLAKE and EDWARD GRAHAM BURROUGHS vs TABS-AVOIN LIGHTING (PVT) LTD and ASMARA COMPANY (PVT) LTD and JONATHAN TAFADZWA JERE and JAIROS MTHONISI MOYO
Ruled By: CHEDA J

A contract where payment was to be paid in foreign currency in Zimbabwe would have been unlawful and the parties were aware of this.
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HB27-09 : ZIMBABWE NATIONAL STUDENTS UNION and NUST STUDENTS' REPRESENTATIVE COUNCIL vs NATIONAL UNIVERSITY OF SCIENCE AND TECHNOLOGY and MINISTER OF HIGHER EDUCATION
Ruled By: NDOU J

There is no doubt that the first respondent can statutorily fix fees without appraising the second respondent and the Reserve Bank – see section 4(2)(c) of the National University of Science and Technology Act [Chapter 25:13]. It does not seem that it can do so in foreign currency without Exchange Control Authority approval. It is ...
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HH08-10 : CFX BANK LIMITED vs RTO ENGINEERING [PRIVATE] LIMITED and MESSENGER OF COURT
Ruled By: KARWI J

This is an urgent chamber application for stay of execution pending review. The relevant background to this matter is as follows:On 14 December 2009, the Regional Court sitting at Harare convicted the applicant Bank of contravening section 136 of the Criminal Law (Codification and Reform) Act [Chapter 9:23] and sentenced ...
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HH12-10 : In re: THE ESTATE OF THE LATE PATRICK MATIMURA vs X
Ruled By: BERE J

In any event, it is inconceivable, in my view, that the Law Society would encourage its members to recoup their legal fees in United States dollars for the time when it was illegal in this country to deal in foreign currency without complying with the relevant Exchange Control Regulations.
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HH12-10 : In re: THE ESTATE OF THE LATE PATRICK MATIMURA vs X
Ruled By: BERE J

I am aware of the difficulties which have dissuaded the executor from relying on the tariffs for 2005, 2006, and 2007. The effect of relying on such tariffs is that the executor will be laden with a bill in local currency – which currency has been rendered obsolete, or otiose, by the advent of dollarization. Although ...
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HH21-10 : TIME SAHWIRA MUPINGA vs THE COMMISSION GENERAL ZIMBABWE REVENUE AUTHORITY (ZIMRA) and MINISTER OF FINANCE
Ruled By: MTSHIYA J

The first respondent..., insisted that it had a right to carry out a post importation clearance audit because it was not satisfied that - (a) The applicant was the owner of the vehicle at the time of arrival; (b) The applicant had purchased the vehicle through his own free funds; and (c) The applicant was exempted from ...
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HH25-10 : MAXWELL MATSVIMBO SIBANDA vs GWYNNE ANNE STEVENSON
Ruled By: CHITAKUNYE J

The Deed of Sale did not state where the payment was to be made...,. If it was to be in Zimbabwe it was still going to be contrary to the Zimbabwe laws. Section 10(1) of the Exchange Control Regulations S.I.109 of 1996 states that -“10(1) Unless authorized by any exchange control authority, no person ...
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HH155-10 : BLESSMORE CHANAKIRA vs TAWANDA MAPFUMO and W.R. GABRAITH
Ruled By: CHIWESHE JP

On 29 October 2008 the applicant and the first respondent entered into a written agreement in terms of which the applicant advanced to the first respondent the sum of one hundred thousand United States dollars (the equivalent then of two hundred Old Mutual Ordinary Shares listed on the Stock Exchange). As a return on this ...
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HH164-10 : KENNETH PATRICK McCOSH vs PIONEER CORPORATION AFRICA LIMITED
Ruled By: KUDYA J

The plaintiff, a former financial director of the defendant company, filed summons on 8 July 2009 seeking payment of the capital sum of US$72,334 and interest at the rate of 10% per annum from the date when the amount fell due to the date of the issue of summons in ...
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HH167-10 : TUSILAGO (PRIVATE) LIMITED vs HOMELINK (PRIVATE) LIMITED
Ruled By: MAKONI J

Counsel for the plaintiff was asked to submit heads of argument addressing the validity or otherwise of the Agreement taking into account that payment for the transaction was to be made in foreign currency. It was submitted, on behalf of the plaintiff, that the contract between the plaintiff and the defendant does not fall foul of ...
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HH206-10 : STANBIC BANK ZIMBABWE LIMITED vs FLAIR FURNITURE COMPANY (SUCCESSORS) LIMITED
Ruled By: MTSHIYA J

Counsel for the defendant submitted that the facility violated Exchange Control Regulations and that the purported authority dated 9 February 2010 stated that approval was for the loan facility on 31 January 2003 yet the facility was only entered into in April 2003. There was, he argued, no evidence of approval for each drawdown. 3. ...
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HH22-11 : SHEPHERD MASAWI vs MARGRET MASAWI
Ruled By: GUVAVA J

The plaintiff in this matter issued summons out of this court claiming a decree of divorce, custody of the minor children of the marriage, and other ancillary relief.Four issues were referred to trial in terms of a joint pre-trial conference minute filed by the parties on 27 November 2008. The ...
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HH113-11 : ALSHAMS BUILDING MATERIAL t/a LLC (a company incorporated in the United Arab Emirates) vs TAPERA NYEMBA and CHRISTOPHER GOROMONZI and JOSPHAT SACHIKONYE
Ruled By: KUDYA J

Whether the personal guarantees entered into by the defendants required exchange control permission, and, if so, whether the guarantees are enforceable The answer to this question lies in the testimony of Jayesh Shah and Christopher Goromonzi concerning what the two agreed in regards to sureties. Jayesh Shah stated that Christopher Goromonzi advised him that the loan ...
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HB201-11 : CABAT TRADE & FINANCE (PTY) LTD and SECURITY MILLS (PTY) LTD vs THE MOVEMENT FOR DEMOCRATIC CHANGE (MDC-T)
Ruled By: KAMOCHA J

The plaintiffs sought to rely on the provisions of section 45 of the Exchange Control Regulations of 1996, but that section only relates to debts lawfully incurred or contracts lawfully entered into. Those provisions do not avail the agreement under consideration which was illegal and unenforceable.
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HHB118-14 : THE NATIONAL PROSECUTING AUTHORITY vs INNOCENT BEPURA (N.O.) and THOMAS CHAPETA
Ruled By: MAKONESE J and MOYO J

In this matter, the second respondent appeared before a Magistrate sitting at Beitbridge on the 25th April 2014. The second respondent was facing one count of contravening section 25(1)(a) as read with section 25(5) of the Immigration Act [Chapter 4:02], that is, failing to appear before and complying with the directions of the Immigration officer. ...
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HH135-15 : D BANK LTD vs ZIMBABWE REVENUE AUTHORITY
Ruled By: KUDYA J

Counsel for the respondent submitted that the appellant made a profit of US$2,521,340=40 on the dividend transaction for which he is liable to income tax. He relied on the appellant's statement on page 7 of bundle 1. The tax consultant wrote to the appellant on 5 September 2012 that: “As explained in the letter of 6th June 2012, [the ...
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SC57-19 : THE COLD CHAIN (PRIVATE) LIMITED t/a SEA HARVEST vs ROBSON MAKONI
Ruled By: GOWORA JA, HLATSHWAYO JA and MAVANGIRA JA

I am unable to conceive of a situation where a currency that has been officially demonetized can be subjected to a rate of exchange. It is a practical impossibility.
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HH05-03 : U-FREIGHT EUROMAR (PRIVATE) LIMITED vs EMMANUEL MUTEBUKA
Ruled By: MAKARAU J

I believe the year 1989 is a good starting point for the story of one John Chidyiwa, the Managing Director of the plaintiff, and the defendant. Then, the two knew each other as work-mates in the Department of Customs and Excise (as it was then known). In or about 1993, the two became quite close friends. ...
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SC03-20 : ZAMBEZI GAS ZIMBABWE (PRIVATE) LIMITED vs N.R. BARBER (PRIVATE) LIMITED and THE SHERIFF FOR ZIMBABWE
Ruled By: MALABA CJ, MAVANGIRA JA and MATHONSI JA

This is an appeal against the decision of the High Court (“the court a quo”) dismissing an urgent chamber application for an order declaring that the payment made to the first respondent in terms of a court order was a full and final settlement of the liability owed by the ...
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SC07-20 : FARAI BWATIKONA ZIZHOU vs THE TAXING OFFICER and RITA MARQUE MBATHA
Ruled By: MAKARAU JA

This is a review of taxation in terms of Rule 56 of the Supreme Court Rules, 2018.The Rule provides that any party aggrieved by the taxation of a bill of costs shall give notice of review setting out his or her grounds of objection. Thereafter, the matter shall be set ...
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Appealed
SC66-20 : BREASTPLATE SERVICE (PRIVATE) LIMITED vs CAMBRIA AFRICA PLC
Ruled By: GWAUNZA DCJ, PATEL JA and MAKONI JA

This is an appeal against the judgment of the High Court ordering the appellant to pay the outstanding amount due to the respondent in United States dollars (USD) as opposed to its Real Time Gross Settlement (RTGS) equivalent.The relevant background to this matter is as follows;On 25 February 2016, the ...
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HMT55-19 : CAMBRIA AFRICA PLC vs BREASTPLATE SERVICES (PRIVATE) LIMITED T/A NEMCHEM INTERNATIONAL
Ruled By: MUZENDA J

On 24 December 2018 the plaintiff issued summons against the defendant claiming the following:1. Payment of US$31,400.2. Interest thereon at the prescribed rate of interest per annum from 19 January 2018 to the date of payment in full and final settlement.3. Interest at the prescribed rate from 1 March 2016 ...
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Appealed
HH46-09 : MATTHEW MBUNDIRE vs TYRONE SIM BUTTRESS
Ruled By: CHATUKUTA J

At the conclusion of the trial, I directed that the parties file closing submissions by close of business on 31 October 2008.The plaintiff filed his submissions timeously. Despite numerous reminders to the defendant's counsel, the defendant did not file his submissions.I have therefore proceeded to prepare my judgment without the ...
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HH86-09 : CHAWASARIRA TRANSPORT (PVT) LTD vs THE RESERVE BANK OF ZIMBABWE
Ruled By: BHUNU J

The respondent, that is to say the Reserve Bank of Zimbabwe is a body corporate established in terms of the Reserve Bank Act [Chapter 22:15]. Its function, among others, include acting as the Exchange Control Authority in terms of the Exchange Control Act [Chapter 22:05] as read with the Exchange ...
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SC16-21 : GML EXPLOSIVE (PRIVATE) LIMITED vs LACKSON GONO AND 29 OTHERS
Ruled By: MAVANGIRA JA, MAKONI JA and MATHONSI JA

Counsel for the respondents submitted..., that the debts were denominated in United States dollars. What the appellant has done is to take advantage of the judgment of this Court in Zambezi Gas Zimbabwe (Private) Limited v N.R. Barber (Private) Limited and Another SC03-20 which determined the rate of exchange following ...
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HH224-22 : MUTSA DENHERE and DEMMUSK ENTERPRISES (PVT) LTD vs FAENSA FRISCO LIMITED
Ruled By: CHIRAWU-MUGOMBA J

The genesis of this matter lies in proceedings held under case number HC8844/12. In that matter, the respondent in casu obtained an order against the applicants as follows:1. Judgement be and is hereby entered in favour of the plaintiff against defendants jointly and severally the one paying the other to ...
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HHH222-18 : THE STATE vs SIMON TARANHIKE and SHADRECK MATENGABADZA and STEPHEN MATUTE and GIVEMORE KUFA and PRECIOUS MUROVE
Ruled By: TSANGA J and ASSESSORS: CHIDYAUSIKU and MSENGEZI

The five accused persons were charged with criminal abuse of duty as public officers as defined in section 174 of the Criminal Law (Codification and Reform) Act [Chapter 9:23].The allegations against them were that between 3-23 May 2017, at ZINARA, the five accused had unlawfully, and in common purpose with ...
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Appealed
HH287-20 : PENELOPE STONE and RICHARD BEATTIE t/a THE STONE/BEATTIE STUDIO vs CENTRAL AFRICAN BUILDING SOCIETY and RESERVE BANK OF ZIMBABWE and MINISTER OF FINANCE & ECONOMIC DEVELOPMENT
Ruled By: ZHOU J

This is an application for an Order that:1. The first Respondent pays a sum of US$142,000 together with interest thereon at the rate of 5% per annum from 28 November 2016 to the date of payment within seven days from the date of this order.2. In the alternative, the Applicants ...
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SC15-21 : CENTRAL AFRICAN BUILDING SOCIETY vs PENELOPE STONE and RICHARD BEATTIE and RESERVE BANK OF ZIMBABWE and MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT
Ruled By: GWAUNZA DCJ, MAKONI JA and KUDYA AJA

This is a composite judgment in respect of three appeals which were heard at the same time.The appeals are against the whole judgment of the High Court handed down on 14 May 2020. They all rely on essentially the same grounds of appeal. The three appellants were the respondents in ...
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SC108-21 : VALENTINE MUSHAYAKURARA vs ZIMBABWE LEAF TOBACCO COMPANY (PRIVATE) LIMITED
Ruled By: MALABA CJ, UCHENA JA and CHIWESHE AJA

In the case of Zambezi Gas (Pvt) Ltd v N.R. Barber Anor SC03-20, in interpreting section 4(1)(d) of S.I.33/19 the Court held, that, contractual obligations valued in United States dollars immediately before the effective date were to be paid in RTGS dollars at parity or at a one-to-one ...
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SC127-21 : MIDLANDS STATE UNIVERSITY vs GALAXY ENGINEERING DESIGN CONSULTANTS (PRIVATE) LIMITED
Ruled By: GWAUNZA DCJ, BHUNU JA and MATHONSI JA

This is an appeal against the judgment of the High Court (the court a quo) rendered in favour of the respondent on 24 July 2019 following a full trial. The judgment directed the appellant to pay to the respondent interest on the sum of $84,827=17 at the rate of 19.5% ...
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HH412-21 : ZIMBABWE LEAF TOBACCO vs KEVIN COOKE
Ruled By: DUBE J

Section 4(1)(d) of Statutory Instrument 33 of 2019, SI33 of 2019 deems all assets and liabilities, including judgment debts denominated in United States dollars, immediately before 22 February 2019, to be valued in RTGS dollars at a rate of 1:1: see Zambezi Gas Zimbabwe (Pvt) Ltd v NR Barber (Pvt) ...
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CC08-18 : JOYCE MUJURU vs PRESIDENT OF ZIMBABWE and PARLIAMENT OF ZIMBABWE and MINISTER OF FINANCE AND ECONOMIC DEVELOPMENT and RESERVE BANK OF ZIMBABWE and GOVERNOR OF THE RESERVE BANK and ATTORNEY GENERAL
Ruled By: CHIDYAUSIKU CJ, MALABA DCJ, GWAUNZA JCC, GARWE JCC, HLATSHWAYO JCC, PATEL JCC, GUVAVA JCC, MAVANGIRA JCC and UCHENA JCC

After hearing argument on a point in limine raised by the first and third respondents (President of Zimbabwe and Minister of Finance and Economic Development) this Court issued the following order:“1. The preliminary point raised by the respondents is upheld.2. The matter is struck off the roll with costs.3. The ...
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