THE STATE

versus

ESTHER MUCHICHWA

and

RUTH MUCHICHWA

and

TOBESA MATONGO

HIGH COURT OF ZIMBABWE

MOYO J

BULAWAYO 15 MARCH 2018

Criminal Review

            MOYO J:       This matter was referred to me from the scrutinizing Regional magistrate.  The accused persons were arrested and charged with contravening section 4 (1) of the Exchange Control Regulations S.I 109/96 as read with section 5 of the Exchange Control Act [Chapter 22:05].   The allegations against them were that they were found buying and selling foreign currency, holding bundles of money in the following denominations:

8 by $6 bond notes,

1 x $1 bond coin,

2 x 25c bond coins,

10 x $5 bond notes,

2 x 10 Pula notes,

9 x $5 bond notes,

7 x $2 bond notes, and

2 x 200 Pula notes.

            The state case was that police officers on patrol saw first and second accused persons seated on chairs touting for customers saying lets change money.

            During that time second accused held cash in her hand.  Third accused then came and parked her Honda stream motor vehicle, registration number ADU 9836 in front of the police officers.   She proceeded to where first and second accused were and spoke to them.  The three