Penelope Douglas Stone & Richard Harold Stuart Beattie Trading as Stone/Beattie Studio Partnership v Central Africa Building Society & Reserve Bank of Zimbabwe & Minister of Finance and Economic Development

Key Issues

• {"issue_text":"Whether the court a quo properly exercised constitutional jurisdiction in determining the application","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants approached court under s 85(1) but included non-constitutional claims"}
• {"issue_text":"Whether the applicants' cause of action was properly pleaded under s 85(1) of the Constitution","issue_type":"procedural","dispositive":"yes","related_facts":"Conflation of constitutional and non-constitutional issues in single application"}
• {"issue_text":"Whether the doctrine of subsidiarity barred the constitutional challenge to the Exchange Control Directive","issue_type":"constitutional","dispositive":"yes","related_facts":"Ultra vires challenge available under Exchange Control Regulations"}
• {"issue_text":"Whether the matter was res judicata from previous Supreme Court proceedings","issue_type":"procedural","dispositive":"no (court found it moot in confirmation proceedings)","related_facts":"Same parties, same subject matter, previous litigation under SC 15/21"}

Background