PRESIDENT Emmerson Mnangagwa has approached the High Court seeking condonation for the late filing of his heads of arguments in a matter in which Free Zimbabwe Congress leader Joseph Busha challenged the introduction of the Real Time Gross Settlement dollar (RTGS$).
In his application in June last year, Busha argued that Statutory Instrument (SI) 33 of 2019 which Mnangagwa used in ushering in the currency reforms was unconstitutional and inconsistent with the Constitution.
However, when Busha served his heads of argument to Mnangagwa through the Office of the Attorney-General (AG), the court papers did not reach him in time to enable him to also file his heads of argument within the stipulated time.
He said Busha’s application had since been overtaken by events since SI 33 of 2019 had since been incorporated into the Reserve Bank of Zimbabwe (RBZ) Act.
“It also remains the applicant’s argument that the promulgation of the statutory instrument through the Presidential Powers was not unconstitutional as the Act is not in violation of the principle of legality or separation of powers.