Online Reporter
Fidelis Munyoro
Chief Court Reporter
Mashonaland West Provincial Affairs and Devolution Minister, Marian Chombo, breathed a sigh of relief after the Supreme Court overturned a High Court ruling and ordered a review of her $100,000 legal debt.
The Supreme Court bench comprising Justices Antonia Guvava, Tendai Uchena and Hlekani Mwayera on Tuesday, ruled that the lower court had erred in its handling of a critical legal point regarding currency conversion under Statutory Instrument 33 of 2019.
“This court cannot substitute itself for a court of first instance,” Justice Tendai Uchena said in delivering the unanimous decision.
“The matter must return to the court a quo for determination of the effect of S.I. 33 of 2019 in light of the evidence already led.”
The dispute arose from legal fees charged by Mtetwa Nyambirai Legal Practitioners for Minister Chombo’s representation in her 2014 divorce proceedings.
Minister Chombo had signed an acknowledgment of debt for $100,000, but later contested the amount as excessive and raised issues of currency conversion and prescription.
She argued the payment should have been converted into local currency at the rate of 1:1 in line with S.I. 33 of 2019, which redefined debts denominated in US dollars.
The High Court had previously ruled in favour of Mtetwa Nyambirai, dismissing Minister Chombo’s defences.
However, the Supreme Court found that the lower court failed to address the statutory currency issue, which Minister Chombo had raised during trial and in closing submissions.
“This is an ordinary point of law that need not be specially pleaded,” Uchena said. “It was raised in evidence and submissions, and the court a quo erred by refusing to determine it.”
The judgment also addressed Minister Chombo’s partial payment ofUS$2,360 in January 2024, which her counsel conceded interrupted the prescription period.
The court determined that this rendered her argument on prescription moot.
The Supreme Court’s ruling means Minister Chombo’s liability remains unresolved pending the High Court’s reconsideration of the currency law’s application.
For now, the decision is a temporary reprieve in a prolonged legal battle.
Mtetwa Nyambirai Legal Practitioners, represented by Advocate Tererai Mafukidze, maintained that Minister Chombo had agreed to the $100,000 fee and questioned the sincerity of her appeal, arguing it was a tactic to delay payment.
Justice Uchena dismissed this argument and emphasised the importance of legal clarity.
“The acknowledgment of debt is clear in its terms, but the statutory framework governing payment must be applied to determine its enforceability.”
As the case returns to the High Court, Minister Chombo’s legal team expressed satisfaction with the outcome, describing it as a victory for procedural fairness.
“This is not just about debt,” said Minister Chombo’s lawyer, Mr Jonas Dondo. “It’s about ensuring that statutory protections are applied consistently.”
The High Court will now re-examine whether Minister Chombo’s debt, acknowledged in US dollars in 2014, should have been converted to Zimbabwean dollars at the statutory rate following the enactment of S.I. 33 of 2019. Until then, the legal saga continues.
