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Harare High Court

MFUNDO MLILO v MINISTER OF TRANSPORT AND INFRASTRUCTURE DEVELOPMENT and MINISTER OF FINANCE AND ECONOMIC PLANNING

HH 30-23

Case Details

Court
Harare High Court
Date
18 January 2023
Citation
HH 30-23
Neutral Citation
[2023] ZWHH 30
Outcome
unknown
Case Type
Application

Bench

Presiding
CHINAMORA J
Full Bench
CHINAMORA J
Areas of Law
Administrative lawConstitutional lawPublic finance
Keywords
Vehicle registrationForeign currencyZimbabwean dollarStatutory instrumentUltra vires
Tags
Vehicle impoundmentCurrency regulationsStatutory instrumentsUltra vires
legislation
Statutes Cited
  • Reserve Bank Act
  • Finance Act
  • Vehicle Registration and Licencing Act
  • Exchange Control Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the first respondent's actions in impounding the applicant's vehicle and demanding payment in US dollars were lawful","issue_type":"law","dispositive":"yes","related_facts":"Vehicle impoundment, US$80 payment demand"}
  • {"issue_text":"Whether Part 1 of Vehicle Registration and Licensing (Amendment Regulations 2020) (No 21) (S.I 166 of 2020) is ultra vires the Finance Act","issue_type":"law","dispositive":"yes","related_facts":"Statutory instrument imposing USD fees"}
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background
Facts of the Case

Background

The applicant imported a Subaru vehicle from Japan in 2019 and paid duty in local currency, receiving registration and temporary number plates. On 21 September 2021, VID officers impounded his vehicle and forced him to pay US$80 for number plates. The applicant challenged the lawfulness of levying fees in foreign currency.
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