1:1 conversion ruling challenged  

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LAWYERS have filed an application at the Constitutional Court, seeking permission to challenge a Supreme Court ruling which ordered the discharge of United States dollar debts incurred before February 22, 2019, in the local Zimbabwean currency at the rate of 1:1.
The request comes after Chief Justice Luke Malaba’s Supreme Court ruling, following an appeal filed by Zambezi Gas Zimbabwe (Private) Limited against N.R. Barber (Private) Limited and the Sheriff of Zimbabwe.
In the current application, N.R. Barber, which is represented by Thabani Mpofu, is the applicant, while Zambezi Gas and the Sheriff of Zimbabwe are the respondents.
“This is an application for leave to appeal against a decision of the Supreme Court of Appeal, alternatively for direct access to the Constitutional Court. The contention made by the applicant is that the judgment is a negation of the law and constitutes on the part of the court that rendered it, an abdication of constitutional duty and function.
“It is contended by the applicant that for these reasons, the judgment is in breach of certain of its constitutional rights which rights it has the entitlement to vindicate before the Constitutional Court,” N.R. Barber said.
According to court papers, N.R. Barber instituted proceedings against Zambezi Gas for payment of US$3 885 000 for services rendered. On June 25, 2018, the High Court ordered Zambezi Gas to pay back the amount claimed together with interest, before the firm filed an appeal.
The appeal was, however, dismissed on May 13, last year but the firm went on to deposit $4 136 806,54 in Zimbabwean currency into N.R. Barber’s account, as settlement for the debt.
N.R. Barber’s lawyers wrote to Zambezi Gas, claiming the amount that was deposited was less than the amount ordered by the court, arguing that the money was only equivalent to US$144 788,23 in terms of the interbank rate.
The parties were once again involved in a legal battle, resulting in the Supreme Court judgment.

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