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Harare High Court

Zimbabwe Revenue Authority v Reserve Bank of Zimbabwe and Dr Gideon Gono N.O.

HH 127-11

Case Details

Court
Harare High Court
Date
1 June 2011
Citation
HH 127-11
Neutral Citation
[2011] ZWHH 127
Outcome
unknown
Case Type
Application

Bench

Presiding
GOWORA J
Full Bench
GOWORA J
Areas of Law
Constitutional LawAdministrative LawBanking & Finance
Keywords
Consolidated Revenue FundSweeping of fundsRBZ powersZIMRA
Tags
Revenue CollectionConstitutional LawPublic Finance
legislation
Statutes Cited
  • Revenue Authority Act
  • Constitution of Zimbabwe
  • Reserve Bank of Zimbabwe Act
  • Official Secrets Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the citation of the second respondent (Dr Gideon Gono) is proper or if he should be held personally liable for RBZ actions.","issue_type":"procedural","dispositive":"yes","related_facts":"Citation of Dr Gono as second respondent"}
  • {"issue_text":"Whether the Reserve Bank of Zimbabwe acted lawfully in sweeping funds collected by ZIMRA into its accounts without authorization from the Consolidated Revenue Fund.","issue_type":"constitutional","dispositive":"yes","related_facts":"The sweeping of funds and the lack of parliamentary appropriation"}
  • {"issue_text":"Whether set-off is permissible between two distinct corporate entities under the Ministry of Finance.","issue_type":"law","dispositive":"yes","related_facts":"The relationship between ZIMRA and RBZ and the ultimate beneficiary being the government"}
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background
Facts of the Case

Background

The Zimbabwe Revenue Authority (ZIMRA) collected revenue which was deposited in commercial banks. The Reserve Bank of Zimbabwe (RBZ) issued a directive sweeping these funds into its own accounts. ZIMRA sued for the return of these funds, arguing the transfer was unconstitutional. The RBZ argued it acted as an agent for the government and that the funds were used for government purposes.
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