BLESSED Mupatsi, a law student at Midlands State University (MSU) in Gweru has petitioned the institution protesting a recent fee hike payable in United States dollars.
In a letter addressed to the university senate dated August 28, Mupatsi through his lawyer Bruce Masamvu, said the new fee structure infringed on students’ right to education.
"We have instructions to write to you as follows: We have noted the recent fee hike at your esteemed institution, which requires our client to deposit with you US$618 with US$210 of the total value payable in local currency at the prevailing interbank rate on the day of payment," the letter read.
"Simple mathematics will illustrate that there is a balance of US$408, which in our understanding is payable solely in US dollar.
“However, it is our client’s legal position that the balance payable solely in USD contravenes the monetary framework of the republic for the reasons set forth. In terms of section 23(1) of the Finance Act (No. 2) Act, No. 7 of 2019 hereinafter ‘the Finance Act’ from the second effective date, the United States dollar ceased to be legal tender in Zimbabwe"
Mupatsi added: “Considering the preceding, the only instances where the USD can be used to transact within Zimbabwe were found by the High Court to be as follows, that position (refusing the use of the US dollar in Zimbabwe) was further entrenched through Statutory Instrument 212 of 2019, being the Exchange Control (Exclusive Use of Zimbabwe Dollar for Domestic Transaction) Regulations, 2019.
“That instrument made the Zimbabwe dollar the exclusive currency for local transactions. The instrument was further amended by Statutory Instrument 85 of 2020, which permits the payment for goods and services chargeable in Zimbabwe dollars, in foreign currency using one’s free funds at the ruling rate on the date of payment.”
The lawyer noted that Statutory Instrument 185 of 2020 introduced the dual pricing and displaying, quoting and offering of prices for goods and services.
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“The relaxation of the law through the aforementioned instruments, to allow for services to be paid for in foreign currency in certain instances does not take away the position that the Zimbabwe dollar remains the sole legal tender in Zimbabwe as per section 23(1) of the Finance Act,” the letter read.
Mupatsi‘s lawyer said a response should be availed within 48 hours of receipt of the letter.
As of yesterday, they were yet to receive the response from the university.
