Fresh legal headache for Ncube, Mangudya as lawyer approaches High Court seeking reversal of US dollar ban

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By Anna Chibamu

A top human rights lawyer, Godfrey Mupanga has approached the High Court, seeking an order to reverse Finance Minister Mthuli Ncube’s scrapping of the multi-currency basket.

Through his lawyers, Scanlen and Holderness, Mupanga cited Ncube and Reserve Bank Governor John Mangudya as First and Second respondents, respectively on Tuesday.

Last week, Ncube scrapped the use of the American dollar, the dominant force in a basket of currencies adopted in 2009 and designated the Zimbabwean dollar that collapsed in 2009 as sole legal tender for all domestic transactions.

This was followed by a raft of monetary measures to curb inflation and do away with what Mangudya called “the invisible hand behind indiscipline”.

In a draft order copy seen by, Mupanga wants the court to declare the Reserve Bank of Zimbabwe (legal tender) Regulations SI 142 of 2019 null and void.

Mupanga argues that SI 142 is ultra vires enabling legislation visa vie the RBZ Act Chapter 22:15 and therefore is in contravention of Section 134 (c) of the Constitution of Zimbabwe.

“The decision by respondents to ban the multi-currency system in Zimbabwe prescribed by Section 44A of the RBZ Act Chapter 22:15 as legal tender is grossly unreasonable in the circumstances,” read part of the draft order being sought by Mupanga.

An opposition leader Joseph Busha last Friday also approached the High Court seeking an order declaring the measures invalid.