Due to the National Lockdown we have not been receiving or collecting our copies of the Government Gazette for several weeks now. We therefore thank Veritas for kindly compiling a list below of all of the recent Statutory Instruments etc.
BILL WATCH 19/2020
[24th April 2020]
Government Gazettes Update: Part I – 1st to 24th March
This bulletin lists, and briefly outlines the content of, Statutory Instruments and important General Notices [GNs] published in Government Gazettes, from 1st to 24th March 2020. Those that have already been commented on more fully will have links to the relevant Bill Watches.
Tender Notices not covered GNs from Government, statutory bodies, State-owned enterprises and local authorities under the Public Procurement and Disposal of Public Assets Act and regulations – are not covered. There are far too many of them – as a result of the implementation of the new Public Procurement and Disposal of Public Assets Act and its regulations. Indeed, the time may have come for the Government to think seriously about adopting the South African practice of having a separate Tender Gazette exclusively for such notices.
Regular Gazette 15 of 6th March
Statutory Instruments
SI 58/2020 [link] – Collective Bargaining Agreement [Agricultural Industry]
New allowances effective 24th January 2020 for workers in all sub-sectors of the Agricultural Industry.
SI 59/2020 [link] – Insurance (Amendment) Regulations
The SI prescribes new amounts for: minimum capital to be held by insurers and insurance brokers; professional indemnity insurance to be held by insurance brokers; professional indemnity insurance and security to be held by multiple agents; fees payable to the Commissioner for registration and licensing under the Insurance Act. It also adds a new section specifying civil penalties payable by agents, and the insurers they represent, for default in taking out or renewing agents’ licences.
SI 60/2020 [link] – Control of Goods (Open General Import Licence) (Amendment)
This SI adds grain, maize meal and wheat flour to the list of goods qualifying for the Open General Import Licence as specified in SI 237A/2018.
SI 61/2020 [link] – Permission to pay for emergency passports from free funds
This amendment to the Exchange Control regulations allows foreign exchange qualifying as “free funds” to be used in payment for emergency passports.
Gazettes Extraordinary 16-19A of 9th to 12th March]
9th March
SI 62/2020 [link] – Land in lieu of Compensation for Land seized under Land Reform Programme
This SI provides for the return of farms seized from only some of the farmers dispossessed under the Land Reform Programme. See Bill Watch 11/2020 [link] for Veritas’ summary and critical analysis.
SI 63/2010 [link] – Listeners licence fees
New fees – the first since 2009 – for annual listeners licence fees, which should strictly speaking have been in place at the beginning of January. The fees are stated to be “per quarter or part thereof”, but legally, in terms of the governing Broadcasting (Listeners Licences) Regulations [SI 245/2003], the obligation is still to take out a licence for the remainder of the year January to December [in the case of a new licence] or the whole of a year January to December [in the case of renewal of an existing licence].
SI 64/2020 [link] – Excise duties on fuel
New excise duties, payable in US dollars, on petrol, kerosene, and diesel imported using free funds either (1) for own use by companies or (2) by designated fuel service stations for sale in foreign currency [see also next item for related regulations].
12th March
SI 65/2020 [link] – Direct Fuel Imports [DFI]
New regulations under the Petroleum Act allowing the Zimbabwe Energy Regulatory Authority [ZERA] to designate a limited number of DFI retail outlets to sell fuel in foreign currency if the fuel has been obtained by the use of free funds. The regulations impose strict conditions to be observed by DFI retailers, breach of which may attract both civil and criminal penalties.
SI 65A/2020 [link] – Interest rates on bank accounts
New regulations under the Banking Act specifying the minimum rates of interest that banking institutions must pay on call, demand, savings and fixed deposit accounts and mobile banking trust accounts.
Regular Gazette 20 of 13th March
SI 66/2020 [link] – Collective bargaining agreement [Motor Industry]
New rates for the payment monthly amounts by employees and employers in the industry towards meeting the expenses of the Motor Industry Employment Council.
S 67/2020 [link] – National Arts Council registration and other fees
An updated schedule of fees in ZWL dollars payable (1) by arts associations, arts promoters, trusts, hotels and restaurants for registration with the NAC and (2) for clearance by NAC of local shows and imported foreign artists, and clearance of production and musical equipment.
SI 68/2020 [link] – Collective bargaining agreement [Motor Industry]
Wages and cost of living allowance payable December 2019 to February 2020.
SI 69/2020 [link] – Insurance and Pensions Commission [IPEC] empowered to issue guidelines and standards to insurance and pensions industry
In part-implementation of the recommendations of the Smith Commission [link], these brief regulations made by the Minister of Finance and Economic Development under the IPEC Act, empower IPEC to issue general guidelines to the insurance and pensions industry on: the revaluation of assets and liabilities after a currency conversion; disclosures to be made; risk management and corporate governance practices to be followed; market conduct practices. Default in complying with guidelines and standards is subject to a daily administrative penalty to be set by and payable to IPEC [maximum limit level 4 [currently ZWL $1 200] of the standard levels of fines –and if default continues for more than sixty days, prosecution for an offence and a level 5 fine [not exceeding ZWL $2 400] or six months’ imprisonment or both.
Gazettes Extraordinary 21 and 22 of 15th and 17th March
15th March
GN 583/2020 [link] – 12 month Suspension of fungiblity of dual-listed shares
There were no SIs in this Gazette. But this GN by the Minister of Finance and Economic Development, in his capacity as overall Exchange Control authority, suspended until 12th March 2021 the fungibility of shares in Old Mutual Ltd, PPC Ltd and SeedCo International Ltd, companies that have Exchange Control permission to list their shares on stock exchanges outside Zimbabwe. This closed an avenue for legitimate externalisation of funds.
17th March
SI 70/2020 – Appointment of Tribunal to Inquire into allegations against Justice Bere
This SI [link] was a proclamation by President Mnangagwa, acting on the advice of the Judicial Service Commission, appointing a three-member tribunal chaired by retired Justice Mubako to inquire into allegations of conflict of interest against Justice Bere of the Supreme Court and to recommend whether or not he should be removed from office in terms of section 187 of the Constitution.
Regular Gazette 23 of 20th March
SIs 71 and 72/2020 – Wild dogs declared specially protected animals
SI 71/2020 [link] (1) cancels the declaration of wild dogs as problem animals in the Eighth Schedule to the Parks and Wild Life Act, and also repeals SI 80/2004 allowing the hunting and removal of wild dogs, and (2) adds wild dogs to, and otherwise repeats, the existing list of specially protected animals for the purposes of section 128 of the Act. SI 72 [link] makes a consequential amendment to the Sixth Schedule to the Act, which lists specially protected animals.
SI 73/2020 [link] – By-laws on Cultivation of crops in Ruwa Local Board council area
Section 2(1) prohibits cultivation of “crops” [not defined] on “any land” in the council area without a permit from the Town Secretary there is no 2(2) specifying a criminal penalty, although a later section penalises a permit-holder who erects any structure on “council land”. These carelessly framed by-laws are almost certainly void for lack of clarity.
SIs 74/2020 [link] – customs duty suspension for development of a mining claim
This SI provides for a 3-year suspension of customs duty on imports for capital development of a mine on mining locations 40245-40252 by Timsite Enterprises (Pvt) Ltd. The mineral mined is not stated.
SI 75/2020 [link] – customs duty rebate for National Railways of Zimbabwe [NRZ]
This SI extends the rebate of duty on engine spares and special purpose motor vehicles imported by NRZ for another two years, until the end of 2021.
Gazette Extraordinary 24 of 23rd March
SI 76/2020 [link] – Declaration of State of Disaster – COVID-19
By this SI the President confirmed his earlier oral declaration, in terms of the Civil Protection Act, of a state of disaster in Zimbabwe as a result of the global COVID-19 pandemic. The limited effect of the declaration is discussed in Bill Watch 14/2020 [link].
SI 77/2020 [link] – COVID-19 Prevention, Containment and Treatment Regulations
These regulations [hereafter “the COVID-19 regulations”] were made by the Minister of Health and Child Care under the new Public Health Act [link] [“new” because it is an Act of 2017]. Section 3 of the SI declared COVID-19 to be a “formidable epidemic disease” [FED] for the purposes of the Act. This declaration cleared the way for the Minister to use the extraordinary powers conferred on him by the Act to make statutory instruments, to be listed in Part 2, and take other measures to deal with COVID-19 in Zimbabwe as a FED. See also Bill Watch 14 [link] and 15 [link].
Regular Gazette 25 of 24th March
This was the last regular Friday Gazette published after the President’s declaration of a state of disaster to deal with the COVID-19 pandemic. Since 24th March all Gazettes have been Gazettes Extraordinary published at irregular intervals, with an emphasis on measures against the pandemic.
SI 78/2020 [link] – Establishment of Management Training Bureau
By this SI the Minister of Higher and Tertiary Education, Science, Innovation and Technology Development seeks to transform the existing Management Training Bureau [MTB] into an institute with corporate personality, and to lay down the rules for the management of the MTB by a Board to be appointed by the Minister. The enabling authority cited is the Manpower Development and Training Act.
This is the latest example of the Minister’s use of the Act to create what is essentially a mini-parastatal, with its own corporate personality, employees and finances. Another example is SI 168/2019 [link] on the Zimbabwe Centre for High Performance Computing, which has obviously served as a model for the present SI.
SI 79/2020 [link] – New registration fees under AIPPA
This SI enacted new – and in the case of journalists, increased – fees for registration of mass media organisations and journalists. The timing was unfortunate for the Government’s reformist image – it was gazetted shortly after Parliament finally approved the Freedom of Information Bill, an important effect of which – when it eventually becomes law – will be to repeal all provisions requiring such registration [see note in Bill Watch 13/2020 [link]]. Registration for 2020 had in any event been officially suspended pending a decision on new fees, and the Permanent Secretary in the responsible Ministry has confirmed that media organisations and journalists may continue to function without registration during the National Lockdown.
Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.
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BILL WATCH 20/2020
[24th April 2020]
Government Gazettes Update: Part 2 – 26 March – 24 April
This bulletin lists, and briefly outlines the content of, Statutory Instruments [SIs] published in Government Gazettes, from 26th March to 24rd April 2020. Those that have been commented on more fully will have links to the relevant Bill Watches.
Gazettes Extraordinary 26, 27, 28 & 29 of 27th to 29th March
26th March
SI 80/2020 [link] – Banking (Money Transmission, Mobile Banking and Mobile Interoperability) Regulations
This SI lays down additional requirements to be complied with by money transmission providers and mobile banking providers, including the need to be licensed by the Reserve Bank [RBZ], obligatory periodical reporting to RBZ, read-only real-time access to payment systems for RBZ, and provision of data protection and cyber security. The RBZ is given the power to direct providers to take steps to connect to a national payment switch system that interfaces with POS, ATM and mobile payment systems, and e-commerce portals and regional and international platforms. Defaulters will be subject to a range of civil penalties imposable by RBZ.
SI 81/2020 [link] – Minimum Wages specified for all workers except domestic and agricultural employees
This SI, effective from 26th March, specifies a minimum monthly wage of $2 549, 72 for all employees other than domestic and agricultural employees. National Employment Councils may grant exemptions, but only on the basis that the establishment or employer provides non-monetary benefits to its employees, “which benefits may not for the purpose of the exemption constitute more than half of the minimum wage otherwise payable in money”.
Domestic and agricultural employees The SI states that “alternative provision will be made” for domestic and agricultural employees. That has not happened to date of writing this bulletin.
27th March – Further COVID-19 measures
SI 82/2020 [link] – Defence Forces to assist in enforcement of measures – Amendment No. 1 of the COVID-19 regulations in SI 77 [link]
This SI (1) amends the definition of ”enforcement officer”, thereby allowing Defence Force personnel to assist in enforcing COVID-19 measures but only under the guidance of a health officer, and (2) authorises the Minister of Health and Child Care, by gazetted order, to reduce to two the number of persons constituting a “gathering” for the purposes of the principal regulations. See also Bill Watches 15 [link] and 16 [link].
SI 83/2020 [link] – National Lockdown Order
An order by the Minister of Health and Child Care imposing a 21-day National Lockdown from 30th March to 19th April, the rules to be followed, exemptions for “essential services”, prohibition of gatherings of more than two persons in a public place, border post closures, hoarding of medical supplies needed to combat COVID-19 and food. Section 14 is an unusual “extra” warning [although not a binding provision] that publication of false reporting about COVID-19 and the enforcement of measures against it may attract prosecution under section 31 of the Criminal Law Code. See also Bill Watches 14 [link] 15 [link] and16 [link].
29th March
SI 84/2020 [link] – National Lockdown Order Amendment No. 1
This SI amends the National Lockdown Order [SI 83] to (1) add items to the definition of “essential services” [public or licensed broadcasting services, criminal courts and subject to Practice Directions by the Chief Justice [see Practice Directions 1/2020 [link] and 2/2020 [link]] civil courts and their support staff; and (2) permit, subject to stated conditions, hospital visits and the formation of queues by motorists waiting to obtain fuel.
SI 85/2020 [link] – Payment for goods and services in foreign currency [free funds]
This amendment of SI 212/2019 partially relaxes the general rule requiring payment for goods and services to be made in Zimbabwe dollars. It allows those with foreign currency classified as “free funds” to use those funds to pay for goods and services [prices in Zimbabwe dollars to be adjusted according to the official current exchange rate]. Payment may be made in cash, electronically through a foreign currency account [FCA] or through any electronic payment platform.
Gazettes Extraordinary in 1st to 24th April
3rd April
SI 86/2020 [link] – National Lockdown Order Amendment No. 2
This SI adds paragraphs (n) to (u) to the list of essential services listed in SI 83, for example the manufacture and distribution of medical supplies to combat COVID-19, funeral services, Ethiopian Airways flights in and out, farming and related support services, and the operations of the Zimbabwe Stock Exchange. 17 [link]
4th April
SI 87/2020 [link] – Changes to excise duty on fuel
Further changes, effective from 5th April, to the excise duty on petrol, kerosene and diesel.
14th April
SI 88/2020 [link] – Rebate of customs duty on goods imported to fight COVID-19
These regulations list the essential goods qualifying for the grant of this rebate by the Commissioner of Customs and Excise.
SI 89/2020 [link] – Rebate of customs duty for Air Zimbabwe
This SI extends the rebate on engine spares and components for the year 2019 to the end of next year, 2021.
17th April
SI 90/2020 [link] – control of exports of COVID-19 pharmaceuticals and PPE
A notice adding 38 items to the First Schedule to the Open General Export Licence [SI 766/1974]. The effect is that all exports from Zimbabwe of any of the 38 items will require export permits issued by the Ministry of Health and Child Care through the Medicines Control Authority [MCAZ]. See also SI 93/2020 below.
SI 91/2020 [link] – Amendments to regulations controlling Pension Funds
This the 25th amendment to the principal Pension and Provident Funds Regulations, SI 323/1991 [which prompts the comment that it is time for the enactment of a consolidation of those old regulations]. The present SI introduces new qualifications for pension fund administrators, with presently registered administrators allowed one year to bring themselves into line if necessary; new provisions for refusal or cancellation of registration by the Commissioner of Insurance and Pension and Provident Funds appealable to the Minister of Finance and Economic Development; obligations of fund administrators regarding financial statements and periodical returns; and the replacement of the existing provision laying down civil penalties for non-compliance with the regulations. A replacement First Schedule to the principal regulations sets out new forms for the purposes of the Pension and Provident Funds Act and the regulations.
19th April (Sunday)
SI 92/2020 [link] – Mandatory Standards for COVID-19 PPE and disinfectants [link]
This SI lists quality standards for equipment such as face-masks, gowns and disinfectants by reference to recognised international standard publications. Strictly speaking, in spite of the obviously urgent need to penalise peddling of fake or substandard products, the SI should have stated in which offices the complete standard documents can be inspected by interested persons. Section 22 of the Interpretation Act requires this where SIs resort to prescribing requirements merely by reference to a standard publication. See also Bill Watch 17 [link].
SI 93/2020 [link] – National Lockdown Order Amendment No. 3 [extension to 3rd May]
This SI by the Minister of Minister of Health and Child Care extends the lockdown to Sunday 3rd May, as announced by the President in a broadcast to the nation on the afternoon of Sunday 19th April. 3rd May is two days before Parliament is due to reassemble and the scheduled start of the Second School Term. The SI also: (1) adds journalists, newspaper vendors and other employees of communication services to the list of essential services; (2) provides for relaxation, subject to strict conditions, of controls on of ports of entry and exit to allow flights of aircraft engaged in essential services and entry and exit of goods vehicles engaged in essential services. Finally, the export of medical supplies for combating COVID-19 must be authorised by a certificate from the Minister of Health and Child Care that the supplies are in excess of Zimbabwe’s needs. See also Bill Watch 17 [link], and SI 90/2020 above requiring export licences for exports of such goods.
21st April (Tuesday)
SI 94/2020 [link] – National Lockdown Order Amendment No. 4
Veritas has prepared a consolidated version [link] of the National Lockdown Order incorporating all amendments to date, including the amendments made by this SI.
Section 4 is the main provision. It adds a new Part IIIA to the principal Order headed Phased Relaxation of National Lockdown. The new Part spells out the strict conditions under which manufacturers and miners [and their employees], and designated tobacco auction floors [and their employees and tobacco buyers and sellers], may now resume functioning during the extended National Lockdown. It gives effect to measures mentioned by the President in his 19th April broadcast announcing the extension of the National Lockdown to 3rd May, but not covered in SI 93/2020 of the same date extending the lockdown. See also Bill Watch 17/2020 [link]. [Comment: The new section 11C added to SI 83/2020 – the principal Lockdown Order – makes resumption of work for mine workers dependent on screening and testing for COVID-19 disease if an enforcement officer so directs. Screening and testing of all approximately 40 000 workers in the mining industry may take a long time at the rate Zimbabwe is testing so far] Section 2 of the SI – although it refers to correcting errors in SI 83, it in fact corrects errors in the preamble to SI 93/2020 above.
Section 3 makes it clear that “cross-border goods vehicles” engaged in essential services may enter or exit Zimbabwe through ports of entry and exit as long as they comply with the rules laid down in section 8 of the principal National Lockdown Order.
24th April
SI 95/2020 [link] – New Schedule of Fees for Mining (General) Regulations
A replacement Second Schedule for the above regulations, setting out fees that need to be prescribed for the purposes of the Mines and Minerals Act and many other fees that will be charged by the Ministry for various services rendered.
Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.
If you want to contact Veritas, have any questions or wish to subscribe or unsubscribe please email [email protected]
If you are looking for legislation please look for it on www.veritaszim.net
Follow us on (+263 71 893 3633)
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.