Nyambirai’s court application against currency reforms dismissed

High Court Justice Musakwa has dismissed the application by prominent lawyer and businessman Tawanda Nyambirai to have the court hear his matter on an urgent basis.

Nyambirai challenging currency reforms which introduced bond notes, RTGS$ and Statutory Instrument 142 of 2019 which reintroduced the Zimbabwe dollar at the same time banning the use of all foreign currencies for domestic transactions.

In his ruling, Musakwa said:

Considering when the Statutory instrument (SI 142/19) was published, this application cannot jump the queue and be heard on an urgent basis.

It is also noted that the applicant does not explain why no action was taken at the earliest opportunity. There is no canvassing of the irreparable harm that is feared and whether there are no satisfactory ordinary remedies at the disposal of the applicant.

Can the application be removed from the urgent roll.

Nyambirai is accusing Ncube and Mangudya of introducing currency reforms which constitute a compulsory deprivation of property. This, he says, is also a violation of the national constitution (section 71(3)) and must, therefore, be nullified. In his founding affidavit, Nyambirai said:

As holders of RTGS balances that were converted to RTGS dollars, we are the public, we are being deprived!

We are aggrieved by the deprivation. In a democracy, such far-reaching laws are supposed to be taken to Parliament at least, or be subjected to a referendum.

Nyambirai also claims that the way Ncube and Mangudya acted makes them more superior than the Parliament as they are now making laws.

More: Zim Morning Post