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Harare High Court

Linda Tsungirirai Masarira v The Reserve Bank of Zimbabwe

HH 296-25

Case Details

Court
Harare High Court
Date
7 May 2025
Citation
HH 296-25
Neutral Citation
[2025] ZWHH 296
Outcome
unknown
Case Type
Application

Bench

Presiding
Dube-Banda J
Full Bench
Dube-Banda J
Areas of Law
Administrative LawConstitutional LawBanking & Finance
Keywords
foreign currency accessReserve Bank of Zimbabwemonetary policydeclaraturmandamus
Tags
declaratory ordermandamusforeign currencymonetary policyadministrative law
legislation
Statutes Cited
  • High Court Act
  • Reserve Bank of Zimbabwe Act
  • Reserve Bank of Zimbabwe Act
  • Reserve Bank of Zimbabwe Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the applicant has standing to seek declaratory orders on behalf of the public","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant is individual citizen, not representing class or group"}
  • {"issue_text":"Whether the applicant has established a factual foundation for the declaratory relief sought","issue_type":"procedural","dispositive":"yes","related_facts":"No specific instances of denial or inability to access forex alleged"}
  • {"issue_text":"Whether the court can order the executive to revise monetary policy guidelines","issue_type":"law","dispositive":"yes","related_facts":"Operational Guidelines are policy instruments, not challenged as illegal"}
  • {"issue_text":"Whether the regulatory framework unlawfully restricts foreign currency access","issue_type":"mixed","dispositive":"no","related_facts":"Guidelines limit forex to international payments, applicant claims general restriction"}
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background
Facts of the Case

Background

The applicant, a Zimbabwean citizen, sought declaratory orders and mandamus relief against the Reserve Bank of Zimbabwe, alleging that the existing regulatory framework overly restricted public access to foreign currency despite Zimbabwe's multi-currency system. She claimed the Bank had an obligation to facilitate easy access to foreign currency and that current guidelines unlawfully hindered such access.
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