Wait for bond notes, court tells Mujuru

HARARE - Former Vice President Joice Mujuru will have to wait for the introduction of bond notes to pursue her lawsuit against the surrogate currency after the Constitutional Court(Con-Court) yesterday said her request for the suit to be heard was premature and speculative.

Mujuru, through her lawyers Gift Nyandoro and Lovemore Madhuku, had approached the court seeking permission for direct access to the Con-Court in a bid to challenge the introduction of the bond notes.

In her application, Mujuru is seeking the declaration of the introduction of the bond notes as unconstitutional.

The Zimbabwe People First (ZPF) leader sought leave to apply to the Con-Court in terms of the set rules. The rules require only serious and befitting constitutional issues to be brought before it.

They further allow for proper screening of matters that deserve a direct approach to the Con-Court.

Yesterday, the full Con-Court bench led by chief justice Godfrey Chidyausiku, dismissed the application with costs.

“After considering the papers filed in this matter and submissions by counsel, the court is satisfied that this application is premature and speculative. It is therefore dismissed with costs,” Chidyausiku said.

The application cited President Robert Mugabe, Finance minister Patrick Chinamasa, Reserve Bank of Zimbabwe, its governor John Mangudya and Attorney General Prince Machaya as respondents.

In his submissions, Madhuku argued that the case is of public interest and must therefore be allowed to be heard before the Con-Court.

He said the application was premised on Section 85 (1) of the Constitution, which allows citizens to approach the Con-Court when rights have been infringed upon or when there is a possibility that such rights might be violated.

However, Chidyausiku said the argument was not valid considering that there was no law in place governing the introduction of bond notes. He said as such, there should be no challenge based on a nullity.

He said in order for a Con-Court application to succeed, there has to be a law upon which the argument is based on, which clearly states the rights that have been violated in terms of the supreme law of the land.

He further said that the case could not be heard based on speculation that the executive might not follow the law in the introduction of the bond notes. He added that there was no guarantee that the executive was not going to follow the law in the introduction of the bond notes, further stating that the application is not yet ripe.

Soon after the hearing, Nyandoro said they will go through the court’s ruling before advising Mujuru on the next step to take.

“The outcome has been to the effect that Mujuru approached the court pre-maturely. The court said she has to wait for the introduction of the bond notes, which resulted in her being denied direct access to the Con-Court.

“However, we are obviously not happy with the court’s decision but we are bound by it all the same because we believe in the rule of law. The reason of our unhappiness is because the minister and the governor have already made pronouncements of a policy nature regarding the introduction of bond notes in October.

“We are still making intensive and thorough study of the court’s ruling and shall advise our client the next step to take accordingly,” Nyandoro said.

During his presentation of the Monetary Policy Statement, a fortnight ago, Mangudya announced that the RBZ will be unveiling bond notes at the end of October.

Last week, Harare businessman, Fredrick Mutanda, filed another application challenging the procedure and legality of the bond notes.

The announcement of the bond notes has caused panic among Zimbabweans as it revived ugly memories of the 2007 and 2008 economic era which was marked by severe food shortages and hyperinflation.

Zimbabwe has for the past few months been reeling from severe cash shortages that analysts blame on gross mismanagement by the Zanu PF government and the country’s dying economy.

Comments (8)

This is pure lawlessness, Both the lower court and this con-court have failed to deliver justice. The bond notes case is not pre-mature. The authorities + RBZ have given a time table on their impending introduction. These criminals putting on white wigs posing as judges and lawmen have no shame to give bold lies in dismissing this case. There is a very big cleaning job post mugabe era. These people deserve to be kicked off law benches. They have no shame.

X-MAN IV - 29 September 2016

l agree with you XMAN IV these people on the bench are thugs too. Once the bond notes are in circulation they will simply rule that its a done deal they have little say over it and can't stop it. Why? They will have more perks paid in bond shit perpetuating the raid on state resources.

Nyimo - 30 September 2016

Remember, some of them were so cheap they were "bought" by being "given" LCD TVs - something every ordinary working South African can afford. Shame doesn't quite describe it.

Sagitarr - 30 September 2016

That is pure nonsense how do you wait for danger to strike and then act this shows how swallow minded are these so called judges . Someone is trying to avoid danger but only to be intercepted by foolish judgement . Hey but the good thing is the same person who made that idiotic ruling will be also affected by bearer cheques cum bond notes .

Diibulaanyika - 30 September 2016

this mujuru hippo is part of the problem since she was party of the zanu cast that has given the nation sleepless nights since 1980. pasi newe joice too.

mukovhe wa tsilidzi - 30 September 2016

Why should Mujuru wait for the introduction of the bond notes first when her application to the court was to make sure that the bond papers won't see the light of the day?So in other words the learned judge is saying all the government officials including the president could be lying to the people that they will be introducing the bond notes,so we should not trust what they say?Maybethe judge has depth knowledge about our rulers to an extent that he knows that most of their promise are mostly lies?Handei tione!

Janana wa Bikaz - 30 September 2016

Why should Mujuru wait for the introduction of the bond notes first when her application to the court was to make sure that the bond papers won't see the light of the day?So in other words the learned judge is saying all the government officials including the president could be lying to the people that they will be introducing the bond notes,so we should not trust what they say?Maybethe judge has depth knowledge about our rulers to an extent that he knows that most of their promise are mostly lies?Handei tione!

Janana wa Bikaz - 30 September 2016

So the learned judges are saying 'Joice wait until the killer has killed you' and thereafter come and tell us, we will then act decisively. This weird and strange especially coming from the learned. All this despite the fact that this killer is a known serial murderer. You'd wish Gubbay, McNully, Sandura et all are still serving.

mosquito - 30 September 2016

Post a comment

Readers are kindly requested to refrain from using abusive, vulgar, racist, tribalistic, sexist, discriminatory and hurtful language when posting their comments on the Daily News website.
Those who transgress this civilised etiquette will be barred from contributing to our online discussions.
- Editor

Your email address will not be shared.