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S v AITKEN 1993 (2) ZLR 336 (S)

1993 (2) ZLR p336

Citation

1993 (2) ZLR 336 (S)

Case No

Details not supplied

Court

Supreme Court, Harare

Judge

Gubbay CJ, McNally JA & Korsah JA

Heard

5 November 1993

Judgment

15 November 1993

Counsel

AP de Bourbon SC for the applicant
RH Goba for the respondent

Case Type

Application for leave to appeal

Annotations

Link to case annotations

Flynote

Criminal law — statutory offences — Exchange Control Act [Chapter 170] — s 5(4) — purpose of section — accused assisting in unlawful sale of foreign currency to the benefit of the buyers — no currency acquired by accused outside Zimbabwe and no currency exported — not an offence involving the acquisition of foreign currency outside Zimbabwe and thus no requirement for accused to repatriate the equivalent sum

Interpretation of statutes — penal provisions — court should strive to avoid a construction which penalises a person in a way not made clear by the legislature

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