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Harare High Court
Penelope Douglas Stone & Anor v Central Africa Building Society & Ors
HH 118-23
Case Details
Court
Harare High Court
Date
15 February 2023
Citation
HH 118-23
Neutral Citation
[2023] ZWHH 118
Outcome
unknown
Case Type
Application
Bench
Presiding
Mafusire J
Full Bench
Mafusire J
Areas of Law
Banking LawConstitutional LawProperty Law
Keywords
Exchange Control Directivecurrency conversionUSD to RTGSproperty rightss 71 Constitution
Tags
constitutional challengecurrency conversionproperty rights
legislation
Statutes Cited
- Criminal Justice Act 1991
- Crime (Sentences) Act 1997
- Human Rights Act 1998
- European Convention on Human Rights, Article 5(4)
- European Convention on Human Rights, Article 5(1)
- European Convention on Human Rights, Article 14
- Prison Act 1952
- Criminal Justice Act 1967
- Criminal Justice Act 1982
- Criminal Justice Act 1988
- Criminal Justice and Public Order Act 1994
- Powers of Criminal Courts (Sentencing) Act 2000
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether Exchange Control Directive RT120/2018 is unconstitutional for violating s 71 of the Constitution","issue_type":"constitutional","dispositive":"yes","related_facts":"Conversion of USD142 000 to RTGS142 000"}
- {"issue_text":"Whether the conversion constituted unlawful deprivation of property","issue_type":"constitutional","dispositive":"yes","related_facts":"Deprivation of USD value through conversion"}
- {"issue_text":"Whether paras 2.5 and 2.6 of the Directive are ultra vires s 35(1) of Exchange Control Regulations","issue_type":"procedural","dispositive":"yes","related_facts":"Scope of delegated legislative power"}
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background
Facts of the Case
Background
The applicants, who held a USD142 000 bank account with the first respondent, challenged the conversion of their deposit to RTGS dollars at parity by monetary authorities through Exchange Control Directive RT120/2018 and related legislation, alleging violation of their constitutional property rights under s 71 of the Constitution.
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