Yesterday I tweeted about the Delta vs ZIMRA case but didn’t go into detail.
Here is why it matters.
Accounting is guided by substance over form. You look at the economic reality. How a business actually operates. What risks it bears. How revenue flows. You report based on that. It is about truth beneath the surface.
Tax law in Zimbabwe takes the opposite view. It is built on statute over substance. What the legislation says, even if outdated, ambiguous, or silent at the time, is what stands. There is no room for context. No interest in what made sense.
Between 2019 and 2022, Delta earned revenue in both USD and ZWL. They paid all taxes in ZWL. That was not negligence. It was consistent with the reporting currency, the unstable exchange rate environment, and the policy signals at the time.
Years later, ZIMRA came back and said taxes must be paid in the same currency the income was earned. USD in. USD tax out. They raised a 73 million US dollar assessment. Delta contested it. They lost at every level of court.
The Constitutional Court made it clear. It does not matter if your reasoning was sound. If the statute requires USD, even retroactively, that is what you owe.
Delta has already paid over 11 million US dollars under Zimbabwe’s pay now, argue later principle. This rule demands full or partial payment before you can challenge a tax decision in court.
This is the reality. You can follow accounting principles. You can act in good faith. You can be consistent. And still be punished. Because statute will always trump substance.
It is like being told to bring sadza to a braai, then getting sued because you didn’t bring steak. Meanwhile, the guy who brought nothing gets to keep the cooler box.
Delta did not dodge tax. They paid it. Just not in the currency ZIMRA later decided they should have. That was enough to be found guilty of non-compliance in a system that shifted the rules long after the fact.
In our country, it is not what made sense that matters. It is what the law later said you should have known all along.
@EuropeanTour@PGATOUR
An Armed guard provides both caddie services and security at the Leopard Rock Hotel golf course in Rhodesia (present day Zimbabwe), December 1978.
@SoSoCoolBez The rebranding MIGHT work out in favour of the new shareholders or it COULD bring back bad memories of TN group
Management have to work extra hard to convince the market to bank with them. We wish them the best however...
@tawandan1 Steward Bank as a name invoked feelings of safety, security and financial custodianship of funds...changing names surely is similar to a popular drink as Coca-Cola, changing it's name whilst confidently telling us content is still the same 😔
@tawandan1 Steward Bank as a name invoked feelings of safety, security and financial custodianship of funds. A name carries significance, entitlement and familiarity built over time. Hence this change of name for whatever reason marks the end of an era😔
@andrea_hoxbucks@FinxZim@happ_zenge Good move, they will steady the ship if given all support by the board and reverse some detrimental policies which the outgoing executives had implemented. Perhaps in the next 18 months we shall see an improvement.