ZCTU off the hook

Senior Court Reporter
The Constitutional Court on Wednesday quashed prosecution of the Zimbabwe Congress of Trade Unions on 72 counts of illegally dealing in foreign currency, saying delays in finalising the case constituted a breach of the organisation’s rights. ZCTU was accused of instructing Standard Chartered Bank to transfer close to US$1 million from its foreign currency account into the accounts of foreign currency dealers between January 2002 and December 2005.

The union would get Zimbabwean dollars in return.
ZCTU, then represented by Mr George Nkiwane, was formally charged in 2007 but the case dragged until on Wednesday when the Constitutional Court granted the union permanent stay of prosecution.

Chief Justice Godfrey Chidyausiku, sitting with eight other judges, said the Attorney-General’s Office agreed that the delay was unconstitutional.
“It is hereby declared that the accused’s rights in terms of Section 18(2) of the former Constitution of Zimbabwe has been violated,” the court ruled.

“The prosecution of the accused for contravention of Section5(1) (a) (i) of the Exchange Control Act as read with Section 4(1) (a) (i) of the Exchange Control Regulations SI 109 of 96 is hereby permanently stayed.”

Mr Obey Shava of Mbidzo Muchadehama and Makoni represented ZCTU.
According to the State, ZCTU’s various donors from Norway, Belgium and other countries gave the union money and it opened a foreign currency account with Standard Chartered Bank.

In 2002, the State alleged, ZCTU transferred US$493 110 into various accounts including those of Curden, First Graphics, NMB, Interfin Merchant Bank, Naeem Textile, and SP&DJ Halgary.

The union got Zimbabwean dollars in return.
The papers show that ZCTU in 2003 transferred US$413 516 into accounts named M Miedler, Trading Places, Aqeel Int and others.
In 2005, ZCTU sold foreign currency amounting to US$33 000 in smaller quantities to 13 individuals, some of whom were union officials.