25 (i) on behalf of any party to a sale of a marketable security, holds the whole or any part of the price paid or payable in respect of the sale; and (ii) is required, on completion of the sale or on transfer of the marketable security, to pay the whole or any part of the amount he or she holds to the seller of the marketable security or to some other person for the seller’s credit;”. 43 Amendment of section 32 of Cap 23:01 The provision of the Capital Gains Tax Act [Chapter 23:06] inserted by section 39 of the Finance Act, 2002 (Act No. 15 of 2002), is amended by the deletion of the heading “31 Capital gains tax not withheld in terms of Part IIIA to be paid before transfer of specified asset” and the substitution of “30A Capital gains tax not withheld in terms of Part IIIA to be paid before transfer of specified asset”. PART VII CUSTOMS AND EXCISE 44 New section substituted for section 115 of Cap. 23:02 Section 115 of the Customs and Excise Act [Chapter 23:02] is repealed and the following is substituted⎯ “115 Conversion of foreign currency and payment of duty in foreign currency in certain cases (1) When the value or cost of any imported goods, or any element that is required to be included in such value or cost, is expressed in the currency of a foreign country, it shall be converted to the currency of Zimbabwe at the selling rate for that foreign currency, as designated by the Commissioner in consultation with the Reserve Bank of Zimbabwe, applicable as a customs rate at the time the goods concerned were entered in terms of this Act: Provided that where one or more special rates in addition to the general rate at which the Zimbabwe dollar may be exchanged for United States dollar are specified in the Exchange Control (Exchange Rate) Direction, 2002 (Statutory Instrument 223 of 2002) or in any other statutory instrument amending or replacing that Direction, the Minister may, by instruction to the Commissioner published in the Gazette, determine that a special rate shall apply in respect of certain goods specified in the instruction. (2) The Minister may, notwithstanding section 41 of the Reserve Bank Act [Chapter 22:15] or anything provided in or under the Exchange Control Act [Chapter 22:05], require every person, including a resident of Zimbabwe, who imports any item of goods (hereafter in this section called a “luxury item”) designated by the Minister by notice in a statutory instrument to be a luxury item, to pay any duty and value-added tax payable on such item in United States dollars, Euros or any other currency denominated under the Exchange Control (General) Order, 1996 (Statutory Instrument 110 of 1996).