Strive Masiyiwa Threatens A Complete Shutdown Of EcoCash

By Staff Reporter
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October 02, 2019

ZIMBABWE Stock Exchange (ZSE)-listed Cassava Smartech Zimbabwe Limited, a subsidiary of Strive Masiyiwa’s Econet Wireless, has threatened a complete shutdown of its EcoCash platform if the Reserve Bank of Zimbabwe (RBZ) insists on its ban on cash-in, cash-out transactions effected on Monday.

The RBZ on Monday effectively put 50 000 EcoCash agents out of work after banning cash-in and cash-out services accusing them of “engaging in illegal activities”, including selling cash at a premium.

The ban curiously came after Masiyiwa last week said the RBZ should take the blame for starving the market of cash, creating opportunities for arbitrage.

The central bank has also banned the use of the cash-back service when customers pay with cards at point-of-sale machines, saying shops were no longer banking cash and abusing the
facility.
The central bank claimed the move was part of government efforts to eradicate illicit transactions which it said were fuelling the galloping inflation and exchange rates.
But in response to the RBZ’s move, Cassava Smartech Zimbabwe Limited has, in turn, warned that there will be a complete shutdown of the EcoCash facility as a result of the unexpected ban.

“The applicant (Cassava Smartech Zimbabwe Limited) has already started to implement the directive with the result that there will be a total shutdown of the entire EcoCash system in the process. The directive was only communicated to the applicant in the afternoon of September 30, 2019,” Cassava’s lawyer Mzokuthula Mbuyisa said in his certificate of urgency.

“My view is that the directive is ultra vires section 10 of the National Payment System (NPS) Act in that the section empowers the RBZ to only act against the acts or omissions of a system or of the management board of the system, yet in the present case the abuse complained about is attributed to some customers of the applicant and not to the system of the applicant or the management board of the applicant.”

Mbuyisa’s affidavit is contained in the urgent chamber application that was filed yesterday at the High Court by Cassava’s chief executive officer Edmore Chibi seeking a temporary interdict to stop the central bank from implementing a ban on EcoCash’s cash-in, cash-out transactions.
In his founding affidavit, Chibi accused the central bank of being discriminatory in the manner that the ban was carried out.

“In further alternative, I contend on behalf of the applicant (Cassava) that EcoCash has been discriminated against in preference to the RTGS [Real Time Gross Settlement] platform. Regarding the RTGS platform, the respondent (RBZ) has not banned any functionality that enables cash withdrawals and cash deposits. To prohibit cash withdrawals and cash deposits through the use of EcoCash only is thus discriminatory,” Chibi said.

According to the RBZ, the move to ban EcoCash’s cash-in, cash-out transactions was carried out in terms of the provisions of section 10 of the NPS Act, but Chibi argues that the directive is ultra vires the cited section.

“There is no wrong that is alleged to have been committed by EcoCash system or its management board. The annexure alleges wrongdoing on the part of some agents, not all of them or other innocent users of the system. Therefore, the kind of wrongdoing alleged by the respondent does not fall within the powers that respondent has under section 10 of the Act.”

Chibi further said EcoCash has played a critical role in facilitating transaction activity between Zimbabweans in circumstances of acute liquidity challenges, adding that the most important products, especially to the unbanked population that do not have ready access to banks, are the EcoCash’s cash-in and cash-out facilities.

“Some of these transactions are done to deal with life-saving situations. Pulling down EcoCash could, thus, mean loss of life, loss of opportunities that could save livelihoods, and financial loss running into hundreds of millions, if not billions. The shutdown of these facilities will also deprive the applicant and those of its agents that are innocent of revenue running into millions of dollars,” Chibi said.

The chief executive officer further urged the court to rule in his firm’s favour, arguing that it cannot be punished alongside the wrongdoers.

“The case of the innocent EcoCash user is much stronger than that of the good wheat crop that was saved from the risk of being uprooted by mistake in Matthew 13:24-43, where the master, in rejecting the request by his servants to pull up the weeds, said: ‘No, if you pull up the weeds, you might uproot the wheat along with them’,” he said.

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DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

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DUI Defense Lawyer: Common Legal Defenses in Drunk Driving Cases

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A DUI arrest is not the same as a conviction. Prosecutors must prove the case, and the defense has the right to challenge the evidence.

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A DUI defense lawyer looks for legal, factual, and technical problems in the government’s case.

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Every DUI case is different. Some defenses focus on the traffic stop. Others focus on field sobriety tests, chemical testing, officer procedure, or whether the person was actually impaired.

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Defense 1: Illegal Traffic Stop

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Police usually need a legal reason to stop a driver.

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Possible stop reasons include:

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Speeding
rnSwerving
rnRunning a red light
rnExpired tag
rnEquipment violation
rnAccident investigation
rnReasonable suspicion of impaired driving

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If the stop was not legally justified, evidence gathered after the stop may be challenged.

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Defense 2: No Probable Cause for Arrest

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Even if the stop was legal, the officer must have enough evidence to make a DUI arrest.

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A lawyer may review:

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Driving behavior
rnOfficer observations
rnSpeech
rnBalance
rnOdor of alcohol
rnField sobriety tests
rnStatements
rnVideo evidence
rnMedical conditions

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If probable cause was weak, the arrest may be challenged.

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Defense 3: Field Sobriety Test Problems

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Field sobriety tests are not always reliable.

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A person may perform poorly because of:

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Medical conditions
rnAnxiety
rnFatigue
rnAge
rnInjury
rnPoor footwear
rnUneven ground
rnWeather
rnBad instructions
rnLanguage barriers

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A DUI lawyer may compare the officer’s report to body camera or dash camera video.

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Defense 4: Breath Test Issues

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Breath testing can be challenged if the machine or procedure was flawed.

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Potential issues include:

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Improper calibration
rnLack of maintenance
rnOfficer certification problems
rnMouth alcohol
rnVomiting or burping before test
rnMedical conditions
rnImproper observation period
rnRadio frequency interference claims
rnTesting outside required time windows

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A breath result is only as strong as the procedure behind it.

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Defense 5: Blood Test Problems

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Blood tests may be challenged based on:

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Improper blood draw
rnContamination
rnChain of custody
rnStorage problems
rnLab errors
rnFermentation
rnTesting delays
rnDocumentation gaps
rnQualified person requirements

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A lawyer may request lab records and review whether the sample was handled properly.

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Defense 6: Rising Blood Alcohol

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A rising blood alcohol defense argues that the person’s BAC was lower while driving and rose by the time of testing.

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This may be relevant when there is a delay between the stop and the chemical test.

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The defense depends on drinking timeline, food intake, body weight, test timing, and expert analysis.

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Defense 7: Medical Conditions

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Some medical conditions can affect DUI evidence.

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Examples may include:

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Diabetes
rnAcid reflux
rnNeurological disorders
rnBalance disorders
rnEye conditions
rnInjuries
rnFatigue
rnAnxiety
rnMedication side effects

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A medical issue does not automatically defeat a DUI charge, but it may explain certain observations.

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Defense 8: Not Actually Driving

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Some cases involve people found in parked vehicles.

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Legal issues may include:

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Was the person driving?
rnWas the engine on?
rnWhere were the keys?
rnWas the vehicle operable?
rnWas the person sleeping?
rnDid anyone witness driving?

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State laws vary on what counts as driving or actual physical control.

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Defense 9: Police Report vs. Video Evidence

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Police reports sometimes make a case look stronger than video shows.

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A DUI lawyer may review:

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Body camera footage
rnDash camera footage
rnBooking video
rnRoadside testing video
rnAudio recordings
rnJail observation video

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Video can confirm or contradict officer claims.

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Defense 10: Constitutional Violations

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A DUI case may involve constitutional issues such as:

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Unlawful stop
rnUnlawful search
rnImproper questioning
rnViolation of rights
rnImproper detention
rnLack of warrant where required

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A lawyer may file motions to suppress evidence if legal rights were violated.

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Final Thoughts

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A DUI defense lawyer does not rely on one-size-fits-all arguments. The defense depends on the evidence.

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Traffic stop, arrest procedure, field sobriety testing, chemical testing, video evidence, and constitutional issues all matter.

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If you are charged with DUI, get the evidence reviewed before deciding what to do next.