Zimbabwean mobile companies defy court over foreign currency payments

Zimbabwe’s mobile companies are on a collision course with newly gazetted central bank laws, forcing them to accept payments for services in the local Zim dollar.

High court judge, Justice Lawrence Kamocha stationed in Zimbabwe’s second largest city, Bulawayo had earlier ruled that the country’s leading cellular mobile communication company, NetOne and its agent Zellco (Pvt) Ltd allow clients settle their bills in the local currency, but the two companies are reported to have rejected and defied the high court orders.

The two companies in question were dragged before the courts of law by one Shepherd Chamunorwa, whose attempt to settle bills in equivalent amount of local currency to the US dollar were rejected before being threatened with termination of all mobile services if the bills were not settled in the US currency.

Chamunorwa, who is being represented in the high court chambers by a leading legal practitioner, Brighton Ndove of Marondedze, Makuku, Ndove and Partners Legal Practitioners challenged both NetOne and its agent Zellco (Pvt) Ltd following the allegations that the duo refused payment in the “useless” Zimbabwe dollar.

NetOne and Zellco were cited in this case as respondents 1 and 2 respectively and were given four days to ensure they have complied with the high court orders.

In his high court founding affidavit, Chamunorwa said on 25 January, Zellco, the 1st Respondent, by short service message (SMS) sent him a bill for the period 1 and 17 January 2009 in the sum of US$278,80.

“It was further stated in the SMS that should I fail to pay on or before 27 January, I shall be barred from making any further calls. Upon tendering the equivalent in the local currency, the 2nd Respondent (NetOne) refused to accept payment and insisted on payment in the US currency,” wrote Chamunorwa.

It was his contention that NetOne’s attitude was premised on the fact that on 5 January 2009, they had been given authority by the Reserve Bank of Zimbabwe to charge in foreign currency, which includes the said United States dollars.

“I was made to understand and verily believe that in the event of my failure to pay in the United States dollars; my cellular phone connection would be terminated.

“It is my respectful view that the 2nd Respondent as an agent of the 1st Respondent has misinterpreted the provisions of the licence, which was issued to it and the provisions of the law as they relate to what is legal tender in Zimbabwe,” said Chamunorwa.

The complainant maintained that the Zimbabwe dollar remains legal tender capable of settling all and any debt in Zimbabwe-

MARCUS MUSHONGA