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A 31-year-old Harare man who was arrested during the ongoing blitz against illegal money changers has challenged his prosecution arguing that no offence was committed as the US dollar is legal tender in Zimbabwe.
According to <a href="https://www.zimlive.com/article/dealing-in-foreign-currency-does-not-break-any-law-biti-tells-court/">ZimLive</a>, Albert Dzikamai Chekure, a father of two, was milling around at the corner of Angwa Street and Nelson Mandela Avenue in Harare on April 18 when he was approached by an undercover female police detective who wanted mobile phone airtime for ZiG130, Zimbabwe’s new currency, in exchange for US$10.
He used his phone to purchase airtime from his bank and received a US$10 note from the police officer.
Chekure, who is employed by the Harare City Council as a meter reader, was promptly arrested and charged with the crime of contravening exchange control regulations which prohibit the purchasing or selling of foreign currency without approval.
He is now among over 400 people held without bail in prisons across the country for the same crime after bail was denied by Harare magistrate Ethel Chichera.
Chekure appealed for bail at the High Court after his initial bail request was turned down by the magistrate who ruled that he faces a very serious offence and the possibility of a lengthy custodial sentence.
Former Finance Minister Tendai Biti, a human rights lawyer, has taken up Chekure’s appeal at the High Court.
Chekure argues that he and hundreds of others are being held on an invalid charge. He maintains that the United States dollar is legal tender in Zimbabwe until 2030 and therefore cannot be regarded as foreign currency.
In the bail application filed on May 16, Biti argues that Chekure should not have been denied bail as the charge is “non-existent.
Biti, in a 37-page court application, said foreign currency means a legal tender of another country and USD is a legal tender in Zimbabwe so no offence was committed. He said:
<blockquote>
Put in simple terms, foreign currency simply refers to legal tender of another country. Thus, it is unlawful for any Zimbabwean to transact and deal in foreign currency defined to mean the legal tender of another country without exchange approval.
However, the US dollar that the appellant (Chekure) dealt with is not a foreign currency in Zimbabwe rather it is legal tender in Zimbabwe…
Once it is accepted that the US dollar is a currency and is legal tender in Zimbabwe, it is not foreign currency for the purposes of use in Zimbabwe by way of Section 44A of the Reserve Bank Act as read together with Section 2 of the Exchange Control Regulations.
</blockquote>
Biti submitted that innocent citizens are being criminalised as a result of the mismanagement and mishandling of the economy by the authorities. He said:
<blockquote>
Chekure is fully and gainfully employed at the City of Harare… his entire salary is paid in RTGS or ZiG yet his obligations are monetised in US dollars.
For instance, he rents a house in Glenview 7 where he has to pay rent in the sum of US$ 120.00.
The school fees of his child are required in US dollars.
He does not own a car and riding an omnibus to and from home requires payment in US dollars in the sum of US$ 3.00 per day.
The accused therefore transacted to obtain US dollars for his survival.
The State and the country’s laws are thus criminalising the innocent activities of the accused and millions of other Zimbabweans who are in exactly his position.
</blockquote>
Biti also argued that USD was not readily available in banks, with only a few privileged powerful people able to purchase US dollars at the Dutch Auction system until recently. He said:
<blockquote>
There was no provision for ordinary citizens such as the appellant to purchase US dollars.
It is thus ridiculous that the Government creates a situation where the economy is dollarized, businesses and the Government itself demand payment in US dollars yet citizens are paid in a local currency that Government itself and businesses refuse.
The appellant is not a criminal and should therefore be released on bail.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Pindula News

Suspected Money Changer Challenges Prosecution, Argues USD Is Not Foreign Currency In Zimbabwe

Illegal money changers have vowed to continue their operations despite a clampdown on foreign currency trading on the parallel market.
The police have arrested scores of money changers across the country since the launch of the Zimbabwe Gold (ZiG) currency last month.
On its launch, the ZiG rate was pegged at a rate of US$1: ZiG13,56 but the rate has since jumped to ZiG20 to the United States dollar on the parallel market.
Vice President Constantino Chiwenga recently issued a chilling warning to illegal money changers, saying those involved in the trade risk losing their limbs.
<a href="https://www.newsday.co.zw/local-news/article/200026253/forex-traders-still-in-the-game">NewsDay</a> interviewed several foreign currency dealers who dismissed Chiwenga’s threats.
A foreign currency dealer in Harare said they have devised other means of trading in United States dollars. He said:
<blockquote>
We are all in this mess together. The police can come to assault us because of the directive by Chiwenga but after work, they will come to us asking for the US dollars.
We are not on the streets but we now have other means of trading and this can be done over a phone call and what we are doing is not being seen on the pavements because we are now cautious in everything we are doing.
In a few weeks, we will return to the streets again, we are just like vendors and we also want to earn a living.
</blockquote>
Another forex dealer said illegal forex dealing will only be addressed if the government ensures that both the rich and poor have access to US dollars. He said:
<blockquote>
If the government wants everything to be normal, everyone should now have the US dollar regardless of whether they are rich or poor.
If you want to look at it the US dollar is making rounds among the rich people only and that is why this is difficult for most of the people.
</blockquote>
The illegal money changers alleged that some police officers were taking bribes from some money changers upon arrest.
However, Zimbabwe Republic Police (ZRP) spokesperson Assistant Commissioner Paul Nyathi dismissed the allegations. He said:
<blockquote>
I am not even aware of that and those people with evidence should come forward so that we can carry out our own investigations.
</blockquote>
Meanwhile, economist Gift Mugano said the Government was to blame for exchange rate volatility and not money changers. He said:
<blockquote>
I do not want to sound as if I am fighting for the black market. The biggest challenge we have is Treasury which pumps liquidity into construction works.
If you arrest the money changers at Copacabana you are not doing anything. These people are jobless and the government is marking the wrong man.
The wrong man is the Finance ministry which is using the wrong model to finance infrastructure; you cannot finance infrastructure with cash.
The money changers at the Road Port are just part of the ants on a mountain and the mountain is Treasury.
Do you think the government has enough police to arrest seven million people because almost everyone has been changing money on the parallel market?
</blockquote>
Since the Government introduced the multi-currency system several years ago, illegal foreign exchange trading has become commonplace.
This shift is due to the fact that many employees receive their wages in the local currency, while certain ggods and services—such as fuel and rentals—are solely transacted in foreign currency.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Forex Dealers Vow To Return To The Streets Within A Matter Of Weeks

Zimbabwe business owners have pleaded with Parliament to ask the government to stop arresting unauthorised moneychangers and to re-open the bank accounts of companies accused of only accepting foreign currency.
This comes after Reserve Bank of Zimbabwe (RBZ)’s Financial Intelligence Unit (FIU) director-general Oliver Chiperesa said the unit had frozen bank accounts of 11 companies for trading exclusively in US dollars and refusing to transact in the new currency, Zimbabwe Gold (ZiG).
On Thursday, 18 April, sixty-five suspected illegal foreign exchange dealers operating on the streets of Harare were arrested and charged with contravening section 5(1)(a)(ii) of the Exchange Control Act [Chapter 22:05] as read with section 4(1)(a)(1) of the Exchange Control Regulations SI 109 of 1996 “Dealing in foreign currency”.
Confederation of Zimbabwe Industry (CZI) chief executive Sekai Kuvarika on Monday, 22 April, told parliament’s joint portfolio committees of finance and industry that arresting money changers will not arrest the ongoing slide in the value of ZiG on the parallel market. <a href="https://www.zimlive.com/czi-boss-urges-government-to-stop-clampdown-on-forex-dealers/">She said</a>:
<blockquote>
We urge authorities not to panic as the policy takes effect. The challenge of accompanying the policy with the police is that the police can replace the policy. The market will now work with the police instead of the policy.
They will work to ensure that the police do not catch them. We definitely do not support that we accompany our policies with the police.
</blockquote>
Owen Mavengere from the Institute of Chartered Accountants of Zimbabwe warned that arresting moneychangers causes panic. <a href="https://www.voanews.com/a/zimbabwe-authorities-troubled-by-tumbling-new-currency/7581122.html">He said</a>:
<blockquote>
The parallel market and those dealers in the streets are a symptom of the problem. Sending the police doesn’t inspire confidence. So, we would rather have a situation where we handle the root cause. And use a soft approach.
</blockquote>
Mavengere said the Government and government agencies should be the first to move from the dollar. Said Mavengere:
<blockquote>
There must be a deliberate effort to make sure that the government starts to take the ZiG.
</blockquote>
Ngonidzashe Mudekunye, chairman of Parliament’s Industry and Commerce Committee, said they welcomed the views from business owners about the new currency. He said:
<blockquote>
We want to get feedback regarding the new policy, whether it’s working, and whether the industry has new suggestions that may be helpful, to ensure that this new monetary policy works.
We all want a stable currency. Everyone is crying for it. We got so many views; the market wants a stable currency. This is what we are going to suggest to them.
</blockquote>
Reserve Bank of Zimbabwe (RBZ) governor John Mushayavanhu launched ZiG on 05 April 2024 and pegged it at the rate of ZiG13.56 to US$1.
Less than three weeks later, the ZiG is now trading at 20ZiG plus on the parallel market. The next stage for ZiG is introducing physical notes and coins to the public which is set for April 30.
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Business Owners Urge Government To Stop Clampdown On Moneychangers

A man from Warren Park, Harare, reportedly missed his wedding after he was caught up among more than 60 suspected illegal foreign currency dealers who were arrested last week.
The National Prosecuting Authority (NPA) on Monday 22 April 2024, confirmed the arrest of 65 suspects, saying they were charged with contravening section 5(1)(a)(ii) of the Exchange Control Act [Chapter 22:05] as read with section 4(1)(a)(1) of the Exchange Control Regulations SI 109 of 1996 “Dealing in foreign currency”.
As reported by <a href="https://www.hmetro.co.zw/forex-dealer-misses-wedding/">H-Metro</a>, Lardmio Ruvisi of Warren Park 1, told the NPA’s vetting office that when he was arrested on Independence Day, he was looking for United States dollars to finalise his wedding preparations.
The court heard that on Independence Day, a team of detectives was conducting an operation against illegal forex traders.
They conducted surveillance at the corner of Sir Seretse Khama Street (former Angwa Street) and George Silundika Avenue and spotted Ruvisi dealing in foreign currency.
The detectives allegedly approached him and Bianca Masvaure and requested him to transfer Buddie airtime for ZiG130 equivalent to US$10.
Masvaure gave Ruvisi US$10 who then failed to transfer the airtime to Masvaure’s phone. He was arrested.
The 65 suspects are now set to spend another night behind bars as the state will be making written submissions to oppose bail by the end of today and the defence will also make written submissions.
Self-exiled former Foreign Affairs Minister Walter Mzembi says the arrest of money changers has turned the whole country into a crime scene as a lot of people source foreign currency from the streets to pay for some important goods and services. He posted on X:
<blockquote>
Forex Black market trade in Zimbabwe is very official as long as fuel and other services are priced and sold in USD.
Has the Government ever asked car drivers their source of funds for the fuel they buy ? It’s dumb to turn ZiG into an Arresting Officer.
An entire country has been turned into a crime scene &amp; everyone into a potential criminal.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Harare Man Caught Up In Money Changer Blitz, Misses His Wedding

Some illegal money changers are now duping members of the public of their hard-earned money as their customer base dwindles due to the firming of the street rate as well as the official rate.
A report by <a href="https://www.manicapost.co.zw/forex-dealers-get-desperate/">The Manica Post</a> says some victims have lost their entire salaries or bank loans in botched transactions involving illegal foreign currency dealers.
The deceitful forex dealers reportedly mainly target people coming from outlying areas to withdraw their monthly salaries in Mutare, Nyanga, Rusape and Chipinge urban areas.
One of the victims of the forex dealers who requested anonymity told <a href="https://www.manicapost.co.zw/forex-dealers-get-desperate/">The Manica Post</a> that he lost a ZWL$2 million bank loan to a female dealer at Mudzviti Bus Terminus.
The victim said the woman in question insisted that the money transferred had not reached her account, hence she could not give him any US dollars. He said:
<blockquote>
This happened on July 20 when I had gone to change my ZWL2 million bank loan into USD. I approached this other lady at Mudzviti Bus Terminus who said she could get me some foreign currency.
She was in possession of a POS machine and we agreed on the rate of the transfer.
After l entered my PIN, she told me that the money had not reached her account. She said it could be hanging, hence she could only give me the USD after the money reflects in her account. Surprisingly, the money in question had already been deducted from my account.
After a heated argument over the issue, she told me to go to my bank and reverse the transaction. When l visited my bank, I was told to bring a letter from the recipient confirming that l should reverse the transaction.
When I went back to Mudzviti Bus Terminus, the lady was nowhere to be found. Up to now, I am still looking for her.
</blockquote>
Desire Dube of Chipinge told the publication that he fell victim to a forex dealer early this year. He said:
<blockquote>
I was once a victim early this year when I went to Chipinge town to collect my salary. I was told to do a Zipit transaction. I did. After a few minutes, the dealer told me that he had not received the money.
I argued with him for almost an hour, and we later agreed that I should come back after an hour. When I came back, he insisted that he had not received anything.
We spent almost three hours arguing over the issue, and he only gave me part of what I was entitled to and asked me to come back the following day since he was insisting that it was not his problem. That was the last time I saw him.
</blockquote>
Tedious Chinyowa, a well-known socialite in Nyamhuka, Nyanga, said he has come across several people who have been duped by forex dealers.
Zimbabwe Republic Police (ZRP) spokesperson in Manicaland Province, Inspector Nobert Muzondo, said they are yet to receive reports from victims of such transactions, but warned the public not to engage in illegal forex deals. He said:
<blockquote>
It seems people do not approach the police after falling victim. We urge members of the public who would have fallen victim to approach the police and file reports.
Street money changing is outlawed in Zimbabwe. That’s why the forex dealers always play hide and seek with law enforcement agents.
We will get to the bottom of this issue. We urge members of the public to give us information whenever such things happen so that we bring the perpetrators to book.
</blockquote>
More: <a href="https://www.pindula.co.zw/">Pindula News</a>

Man Loses ZWL$2 Million Loan To Money Changer

A video is circulating on social media in which farmers from Honde Valley and vendors are saying farmers, different service providers including money changers are rejecting $5 and $2 bond notes. The vendors/farmers are heard imploring the president and the RBZ to do something about that situation.
Watch the Shona video below as recorded published by Bustop TV:
<div class="wp-video" style="width: 480px;">
<video class="wp-video-shortcode" controls="controls" height="272" id="video-171075-1" preload="metadata" width="480"><source src="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/06/Vendors-reject-25-dollar-notes.mp4?_=1" type="video/mp4"/><a href="https://t792ae.c2.acecdn.net/wp-content/uploads/2020/06/Vendors-reject-25-dollar-notes.mp4">https://t792ae.c2.acecdn.net/wp-content/uploads/2020/06/Vendors-reject-25-dollar-notes.mp4</a></video></div>

WATCH: Honde Valley Farmers, Vendors And Money Changers Are Refusing To Take $2 & $5 Bond Notes

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