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The Constitutional Court (ConCourt) has set aside a landmark ruling by High Court judge Justice Joseph Mafusire on the conversion of US dollars to Real Time Gross Settlement (RTGS) during the 2019 currency reforms.
The seven-member ConCourt bench said it would avail the reasons for its decision later, reported <a href="https://www.newsday.co.zw/local-news/article/200012287/concourt-sets-aside-rtgsus-high-court-ruling">NewsDay</a>.
In a ruling delivered on 15 February 2023, High Court judge Justice Joseph Mafusire said that laws used to convert US dollar balances into Zimbabwean dollars were unconstitutional to the extent that they violated property rights.
Justice Mafusire ordered CABS to pay US$142 000 to the applicants that it had converted to RTGS during currency reforms in 2019.
The applicants were Richard Harold Stuart Beattie and Penelope Douglas Stone and were represented by Tererai Mafukidze instructed by Tendai Biti.
The respondents were CABS represented by Thembinkosi Magwaliba, the Reserve Bank of Zimbabwe represented by Lewis Uriri and Finance and Economic Minister Mthuli Ncube represented by D Jaricha from the Attorney-General’s Office. Ruled Justice Mafusire:
<blockquote>
The conversion of the amount of US$142 000 standing to the credit of the applicants savings account No 1005428905 with the first respondent (CABS) as at November 28, 2016 violated section 71 of the Constitution.
</blockquote>
Justice Mafusire ruled that CABS should pay the applicants the sum of US$142 000 together with interest of 5% per annum from November 28 2016 to the date of payment.
The ConCourt bench has now set aside all the orders given by Justice Mafusire in his ruling.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Constitutional Court Sets Aside High Court Ruling On Conversion Of US Dollar Balances To RTGS

A High Court judge has dismissed an application by a local pensioner, Duncan Hugh Cocksedge, who was seeking reimbursement of his US$179 541 by CABS.
<a href="https://www.zimlive.com/judge-dismisses-depositors-us179000-debt-claim-from-cabs/">ZimLive</a> reported that Cocksedge approached the courts for redress after his US$179 000 bank balance which was being held in a CABS account was wholly converted to local currency through the government’s Exchange Control Directive RT120/2018.
In his ruling, Justice Webster Chinamhora averred that it was not for the courts to change “political questions”.
The judge stated that the regulation of banking activities to achieve economic stability and protect the banking public was the prerogative of the Executive. He said:
<blockquote>
Put differently, how the government makes policies aimed to achieve monetary stability and incentivise the generation of foreign exchange in the national interest is a political question, best left to the politicians.
Courts in this jurisdiction are familiar with the political questions doctrine and how to deal with a case where this arises.
No basis exists, in my view, for not deferring to the minister who made the policy decision on behalf of the Executive.
</blockquote>
The judge also said Cocksedge had not shown his court that the deposit in his account was realised from offshore or foreign currency cash deposits. He added:
<blockquote>
The applicant has not shown that the provisions of the Exchange Control Directive RT120/2018 and the Finance (No.2) Act 2019 are not laws of general application.
As a result, I do not find any merit in the applicant’s argument and am inclined to dismiss his application.
</blockquote>
Cocksedge’s claim was for reimbursement of his US$179 541 by CABS.
In his alternative claim, Cocksedge said the conduct of the Reserve Bank of Zimbabwe (RBZ) and the Finance Minister was “unlawful, grossly unreasonable and irrational”.
He said the changes in law, effectively amount to unlawful and unconstitutional expropriation of value.
CABS did not dispute that Cocksedge had deposited US$179 541.45 before February 2023.
It said its banking services are regulated by RBZ adding that it had no disputes with the latter.
The central bank argued that Cocksedge had no right to challenge the provisions of the Exchange Control Directive.
It said CABS had acted according to the law and as such, Cocksedge could not try to impugn a lawful act.
The Minister of Finance Mthuli Ncube argued that the Exchange Control Directive does not take away Cocksedges rights.
In his application, Cocksedge had cited CABS as the first respondent and the Reserve Bank of Zimbabwe as the second respondent.
More: <a href="https://zero.pindula.co.zw/">Pindula News</a>

High Court Judge Dismisses Depositor’s US$179 000 Debt Claim From CABS

Beverages manufacturer, Schweppes Zimbabwe, says 85 per cent of sales on the domestic market are being conducted in local currency while 15 per cent are done in foreign currency.
Schweppes Zimbabwe chief executive, Charles Msipa, said the company requires US$1.5 million to US$2 million every month to import key raw materials. Said Msipa:
<blockquote>
We continue to sell most of our products in Zimbabwe dollars. Most of our major retail customers sell in Zimbabwe dollars and also pay in local currency.
</blockquote>
Msipa said it was not Schweppes’ policy to demand payment exclusively in US dollars.
He said they export some of their products such as Mazoe Orange Crush, to regional countries that include South Africa, Zambia and Botswana, where they get some of their forex.
Meanwhile, Confederation of Zimbabwe Retailers (CRZ) president Denford Mutashu claimed some retailers were entering into agreements with manufacturers for payments in forex.
Under the agreements, buyers (retailers) will pay significantly less when they pay using US dollars than they would pay when using Zimbabwe dollars. Said Mutashu:
<blockquote>
The practice is rampant and is informed by the requirement to source foreign currency by corporates internally without having to increase traffic to the auction market.
Quite a number of companies have resorted to that and you may also have realised that a number of products are no longer available due to the limited availability of foreign currency.
</blockquote>
<h4>More: <a href="https://www.herald.co.zw/schweppes-selling-mostly-in-zimdollars/">The Herald</a></h4>

'Schweppes Selling Mostly In RTGS Dollars'

Today as I was walking trying to find the power to charge my laptop I was stopped by a stranger who then asked me, Do you think things will normalise?
I, a certified pessimist thought quickly before I emptied my pessimistic views on someone clearly distressed.
I conjured up a few words of encouragement that didn’t end with “chikuru kufema” and walked away as fast as I could
Survival in Zimbabwe has become somewhat unbearable. We have to learn critical skills in order to stay afloat.
These few tips will help you stretch your dollar further and tick off days off your calendar till your next paycheck or till you get the chance to refill your wallet
<h3>1. Work With a strict budget.</h3>
And no matter what never deviate from it. Gone are the days of impulse buying, make a budget, make inflationary adjustments and stick to it. If you have a surplus, strictly budget it as well. This will help in terms of discipline and will help you in more ways than 1.
<h3>2. Cut unnecessary expenditure</h3>
Unnecessary is relative in this scenario. Whats unnecessary to me may not be unnecessary to you. Make a list of all your expenditures.
Rank them by order of importance, cut the least important stuff and move on. Entertainment though imperative can be cut. All I’m saying is it’s possible to go for 30 days without paying
<h3>3. Be creative in the kitchen</h3>
Food is usually one of our biggest bills. If we find a way around it we may be able to stretch our dollars.
Find ways to make nice vegetarian meals, substitute your favourite food with its cheap vice, find breakfast alternative that is cheaper like making your own bread or buying sweet potatoes to alternate with commercial bread that you have to buy on a daily basis.
Grow a vegetable garden, etc, in short, avoid having a large food bill by being creative in the kitchen
<h3>4. Carry your lunch to work</h3>
Some people will cringe when they read this one because it has never been a lot of people’s culture to bring lunch to work.
We are fast losing the luxury of buying lunch every day, its high time we sit down and learn how to pack boss lunchboxes.
<h3>5. Whenever possible, use public transport</h3>
I can almost predict reactions to this. I for one discovered the joy of using public transport when I couldn’t afford to pack for 6 hours a weekend.
I was ashamed at first especially when I went to school. I only discovered that I was saving gas for more important errands and could now afford to buy the nicer things that I liked later one.
<h3>6. Negotiate prices </h3>
It is sad to note that most people’s negotiation skills start and end with street vendors. The business has become so informal in Zimbabwe almost everything is on personal selling fashion.
There are some prices that are simply poised to rip you off. Try and negotiate first before you just buy. You will be surprised by the percentage that comes off after a negotiation.
<h3>7. DIY</h3>
I know some people who will pay someone to replace a broken lightbulb in their homes. The days of paying people to do simple tasks are fast vanishing.
Learn to do these tasks on your own. YouTube is your friend. I for one learnt how to sew an invisible zipper on a cushion from YouTube.
I look forward to monetising that skill soon. If your dress needs to be adjusted get a sewing kit and Do It Yourself. If your sink is leaking, study the pipes, asks friends etc and Do It Yourself.
<h3>8. Scout for Secondary Income.</h3>
We can’t look at our dwindling income and despair when there is something we can do about it. If you can’t fly then run if you can’t run then walk if you can’t walk then crawl, whatever you do just keep moving because ultimately sango rinopa waneta.
<h4>9. Downsize </h4>
Sit down and brainstorm. Do you really need 3 cars, do you really need 3 bedrooms, is your tradition very important that it can’t be broken, do we need this vacation, do they have to have new clothes, is a new phone going to make my life easier?? Make a decision and downsize…

How To Make Your Dollar Stretch Longer In These Hard Times

Telecel Zimbabwe has announced that it will hike call tariffs with effect from 1 April 2019. This follows an announcement made by another telecoms major player Econet Zimbabwe.
According to the new tariffs, On-net calls will now cost 0.0037 per second while, 0.22 (22 cents) will be billed per minute.
Data will now cost 0.07 (7 cents) per MB, SMSes will also cost 0.07 (7 cents) per SMS.
Telecel also revealed that bundles will be adjusted according to the new tariffs.
The new tariffs announced by Telecel are denominated in RTGS Dollars.
<h4>Related:</h4>
<ul>
<li class="entry-title">
<h4><a href="https://news.pindula.co.zw/2019/03/28/econet-to-tariffs-calls-will-rise-to-2-28-per-minute/" rel="noopener" target="_blank">Econet To Raise Tariffs, Calls Will Cost $2.28 Per Minute</a></h4>
</li>
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Telecel Hikes Tariffs, Calls Will Cost 22 Cents Per Minute

<blockquote>Why our currency is referred to as “ZWL”.
1. Yesterday when I saw Delta’s donation towards Cyclone Idai relief I observed that the amount was denominated as “ZWL”. I wondered what that meant because I thought our currency was designated as RTGS dollar.
Whenever I come across something that I don’t know, my appetite for discovery rises. So I started searching. Some kind folks gave directions and I did some digging. This is what I found out:
2. Apparently, ZWL is Zimbabwe’s ISO currency Code. An ISO currency code is assigned by the International Organization for Standardization. So the USD for the US Dollar, GBP for Britain’s currency. Our original ISO currency code was ZWD (Zimbabwe Dollar). To understand the ZWL, the ZWD must be taken as the “first dollar”.
3. In 2006, with hyperinflation setting in, the government decided to redenominate the currency. At that point, a new ISO currency code was assigned for the redenominated dollar. This code was ZWN. This was the “second dollar”.
4. As most know things didn’t go according to plan. The redenomination didn’t work. As things got worse the Zimbabwe Dollar was redenominated again in 2008 (remember when RBZ was slashing zeroes?) At that point, the ISO currency code changed to ZWR. That was the “third dollar”.
5. But as most know, things only got worse. The zeroes couldn’t be silenced &amp; they reappeared at a ferocious rate. Early 2009, there was another redenomination with the new zeroes getting the chop. At that point, the ISO currency code changed to ZWL. This was the “fourth dollar”.
6. The market had already abandoned the Zimbabwe Dollar &amp; eventually, the government accepted reality &amp; adopted a multicurrency regime. 2015 the government announced that the demonetisation of the Zimbabwe Dollar, which brought an official end to the local currency.
7. Despite demonetisation &amp; the new RTGS dollar in 2019, the ISO currency code has not changed from the one used for the 4th dollar after the last demonetisation in 2009. The introduction of the RTGS dollar has not caused a reassignment of the ISO currency code. It’s still ZWL.
8. It looks like either the ISO currency code survived demonetisation of the ZWL or the ZWL has resurrected.
WaMagaisa</blockquote>
<h3>Related:</h3>
<ul>
<li>
<h3><a href="https://zero.pindula.co.zw/bond-note-no-longer-11-to-us-dollar-now-part-of-the-rtgs-dollars-family/" rel="noopener" target="_blank">Bond Note NO LONGER 1:1 To US Dollar, Now Part Of The RTGS Dollars Family</a></h3>
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FULL TEXT: Why The RTGS Dollar Is Officially Called 'ZWL' - Magaisa

<blockquote>Why our currency is referred to as “ZWL”.
1. Yesterday when I saw Delta’s donation towards Cyclone Idai relief I observed that the amount was denominated as “ZWL”. I wondered what that meant because I thought our currency was designated as RTGS dollar.
Whenever I come across something that I don’t know, my appetite for discovery rises. So I started searching. Some kind folks gave directions and I did some digging. This is what I found out:
2. Apparently, ZWL is Zimbabwe’s ISO currency Code. An ISO currency code is assigned by the International Organization for Standardization. So the USD for the US Dollar, GBP for Britain’s currency. Our original ISO currency code was ZWD (Zimbabwe Dollar). To understand the ZWL, the ZWD must be taken as the “first dollar”.
3. In 2006, with hyperinflation setting in, the government decided to redenominate the currency. At that point, a new ISO currency code was assigned for the redenominated dollar. This code was ZWN. This was the “second dollar”.
4. As most know things didn’t go according to plan. The redenomination didn’t work. As things got worse the Zimbabwe Dollar was redenominated again in 2008 (remember when RBZ was slashing zeroes?) At that point, the ISO currency code changed to ZWR. That was the “third dollar”.
5. But as most know, things only got worse. The zeroes couldn’t be silenced &amp; they reappeared at a ferocious rate. Early 2009, there was another redenomination with the new zeroes getting the chop. At that point, the ISO currency code changed to ZWL. This was the “fourth dollar”.
6. The market had already abandoned the Zimbabwe Dollar &amp; eventually, the government accepted reality &amp; adopted a multicurrency regime. 2015 the government announced that the demonetisation of the Zimbabwe Dollar, which brought an official end to the local currency.
7. Despite demonetisation &amp; the new RTGS dollar in 2019, the ISO currency code has not changed from the one used for the 4th dollar after the last demonetisation in 2009. The introduction of the RTGS dollar has not caused a reassignment of the ISO currency code. It’s still ZWL.
8. It looks like either the ISO currency code survived demonetisation of the ZWL or the ZWL has resurrected.
WaMagaisa</blockquote>
<h3>Related:</h3>
<ul>
<li class="entry-title">
<h3><a href="https://news.pindula.co.zw/2019/02/20/bond-note-no-longer-11-to-us-dollar-now-part-of-the-rtgs-dollars-family/" rel="noopener" target="_blank">Bond Note NO LONGER 1:1 To US Dollar, Now Part Of The RTGS Dollars Family</a></h3>
</li>
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MDC legislator for Warren Park and University of Zimbabwe lecturer Shakespeare Hamauswa has petitioned the High Court seeking a court order to declare unconstitutional the Presidential (Temporary Measures) Act, which President Emmerson Mnangagwa evoked as the legal basis to introduce the RTGS$.
In his court application, Hamuswa cited in their official capacities, Mnangagwa, Minister of Finance and Economic Development, Mthuli Ncube and RBZ governor John Mangudya as respondents. Said Hamauswa:
<blockquote>It is my respectful contention that the Act, that is the Presidential (Temporal Measures) Act, is unconstitutional. This Act gives the sweeping powers to the President of making laws virtually on every subject….what this means is that the President has sweeping powers to make laws that are above even laws that have been made by Parliament.
… By issuing bond notes and RTGS currency at par with the US$ and then devaluing the same on February 20, 2019, the respondent has robbed us. Section 71 does not permit the expropriation of people’s property.
The net effect is that the third respondent and indeed the first respondent have devalued the RTGS$ balances by 2,5. The RTGS$ must, therefore, be set aside on the basis that it is an infringement of section 71 of the Constitution of Zimbabwe.</blockquote>
<h4>More: <a href="https://www.newsday.co.zw/2019/03/ed-sued-over-rtgs-currency/">Newsday</a></h4>

Mnangagwa Sued Over RTGS Dollars Currency

Global economist Professor Steve Hanke has said Zimbabwe has committed highway robbery after devaluing bond notes and RTGS in Wednesday’s monetary policy presentation.
Hanke said the Reserve Bank of Zimbabwe (RBZ) should be prosecuted for issuing bond notes and RTGS at par to the US dollar and then devaluing them. Speaking on Twitter, Hanke said:
<blockquote>By issuing bond notes and RTGS at par to the USD and then devaluing them, Zimbabwe has committed highway robbery of its citizens. There is no reason for citizens to trust the RBZ. It has a long record of thievery. Time to prosecute.</blockquote>
<hr/>
<h4>Related:</h4>
<ul>
<li class="entry-title">
<h3><a href="https://news.pindula.co.zw/2019/02/20/rbz-has-worsened-the-problem-global-economist-hankie-comments-on-rtgs-dollars/">RBZ Has Worsened The Problem – Global Economist Hanke Comments On RTGS Dollars</a></h3>
</li>
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<h3><a class="bump-view" data-bump-view="tp" href="https://news.pindula.co.zw/2019/02/21/what-the-new-rtgs-dollars-mean-for-you/">What The New RTGS Dollars Mean For You</a></h3>
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<li>
<h3><a class="bump-view" data-bump-view="tp" href="https://news.pindula.co.zw/2019/02/21/john-mangudya-is-a-thief-tendai-biti/">“John Mangudya Is A Thief” – Tendai Biti</a></h3>
</li>
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Take RBZ To Court For Devaluing Bond Notes, RTGS- Global Economist Hanke

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