“SHE has not stated how her rights as an individual will be violated. For example, if she has $1 million dollars in her bank account, she should have said it,” Chief Justice Godfrey Chidyausiku said Wednesday when dismissing ZimPF leader Joice Mujuru’s Bond Notes challenge.
The former vice president had approached the Constitutional Court seeking to block plans by government to introduce so-called bond notes next month in a bid to ease cash shortages in the country.
The ZimPF leader had argued that the move was illegal, adding that it also infringed her constitutional rights.
But Chidyausiku, sitting with eight other judges of the top court, said Mujuru failed to indicate how the introduction of the notes would violate her rights.
The court also said the application was premature, arguing the ZimPF could not claim that the notes were being introduced illegally when they are not yet in circulation.
“After considering papers filed in this matter and submissions by counsel, the court is satisfied that this application is premature and speculative. It is hereby dismissed with costs,” the Chief Justice said.
Explaining the ruling, Deputy Chief Justice Luke Malaba added: “You have to wait for the promulgation of an Act of Parliament or a Statutory Instrument first and you come back to court to challenge the legal framework’s constitutionality.
“The applicant (Mujuru) does not have enough facts for her case now and when she gets the full facts, she can still come back to court with the challenge.
“At the moment, no one knows how Government will introduce the notes and it is premature to challenge the constitutionality of the law that it is not yet in place. The bond notes are not yet in circulation and no one knows how they look like.
“You allege that bond notes will be illegally introduced, but Government said it will do it in terms of the law. On what basis do you want us to believe you? An allegation must not just spring out from the air.”
