Update on Statutory Instruments January to August 2018: Part 2 – Bill Watch 4 / 2019

Source: 25 January 2019Legislation

This bulletin follows on from Bill Watch 37/2018 of 9th November, which was Part 1 of a series aimed at providing basic information, not previously provided in our bulletins, about the approximately 170 statutory instruments [SIs] gazetted during the period January to end of August 2018.

Part 1 covered SIs dealing with the following topics: the large number of new sets of regulations under the Assignment of Administration of Acts; Civil Aviation Act; Defence Forces; Drugs, Medicines and Allied Substances [about production of cannabis for medicinal and scientific use]; Electricity; Higher and Tertiary Education [including the new harmonised National Qualifications Frameworks]; National Biotechnology Authority regulations [including genetically modified food and feed labelling regulations].

In this bulletin [Part 2] we have grouped statutory instruments under the following headings:

– Commissions of Inquiry
– Constitutional Commissions
– Courts
– Customs and Excise
– Elections
– Labour – collective bargaining agreements

Commissions of Inquiry

Commission of Inquiry into Sale of Urban State Land – SI 11 of 31st January amended the original proclamation setting up the commission, to clarify the term of office of the commission.

Constitutional Commissions

National Peace and Reconciliation Commission (General) Regulations SI 90, containing these, was gazetted on 8th June. But the regulations are not yet in force – a delay caused by the National Peace and Reconciliation Act’s provision that such regulations until at least 30 days after they have been tabled in Parliament, which can use the 30 days to nullify the regulations – a provision which appears to have been generally overlooked until December. The regulations were belatedly tabled in the National Assembly on 19th December and attention drawn to the Act’s provision regarding commencement, but they have not yet been tabled in the Senate – which means they are still not in force, because Parliament consists of both the National Assembly and the Senate.

Courts

Labour Court Rules – SI 8 amended the principal rules in SI 150/2017.
Supreme Court Rules – SI 84
Regional Courts for Karoi and Guruve – SI 75.
Resident Court for Concession – SI 76.

Customs and Excise

Amendments to Customs and Excise (General) Regulations
SI 9 repealed and replaced the provision for preclearance of goods.

Rebates

SI 10 amended the rebate for players in the tourism industry.
SI 17 extended the textile manufacturers rebate to an additional company;
SI 19 granted a rebate on engine spares and components for Air Zimbabwe.
SI 41 provided for a rebate on goods for the Rural Electrification Agency.
SI 63, backdated to 1st January 2018, extended to the Health Sector the Rebate of duty on capital equipment imported for use in specified industries provided for by section 144(T) of the principal regulations
SI 131 extended the range of goods qualifying for the luggage ware manufacturers rebate.

Suspensions

Capital development of mining locations These suspensions are for three years in favour of development of mining locations specified by registered location number as indicated in each SI. SIs 15, 44, 45,49, 70, 72, 92, 93, 138B and 155 added to an already long list of beneficiaries.

Other suspensions:

SI 26 adjusted suspensions of duty on goods from SADC countries.
SI 31 enacted a suspension until the end of 2018 for imports of fertilised poultry eggs by approved poultry breeders.
SI 68 enacted a 12-month suspension for fuel imported for African Chrome Fields approved power generation project.
SI 124 extended the existing suspension on commercial tyres imported by approved importers.

Tariff notices

SIs 6 and 7 reduced the existing duties on petrol and diesel and kerosene, respectively [January].

Elections

SI 83 – this was gazetted on 30th May and contained the President’s Proclamation 2 of 2018 calling the 30th July harmonised election. SI 88 corrected a minor error.
SI 126 – Electoral (Prescribed Associations and Institutions) Notice, gazetted on 29th June. Relevant to the formation of the Electoral College for the election of two Senators to represent persons with disabilities. Errors corrected by SI 138A of 25th July.

Labour Act – Collective Bargaining Agreements

The following statutory instruments affected the industries or undertakings indicated:

SI 1 – Engineering and Iron and Steel Industry
SI 12 – Tourism Industry.
SI 13 – Agricultural Industry
SI 20 – Transport Operating Industry
SI 21 – Harare Municipal Undertaking
SI 22 – Funeral Industry
SI 25 – Tobacco (Miscellaneous Sector) Industry – complete conditions of service. See also SI 66.
SI 27 – Chemicals and Fertilisers Manufacturing Industry.
SI 42 – Insurance Industry
SI 52 – Cotton Industry
SI 67 – Cigarette and Tobacco Manufacturing Industry
SI 71 – Printing and Packaging Industry [wages for 2018] SI 73 – Food and Allied Industries – Baking Sub-sector. See also SI 151 [Food Processing Sub-sector], SI 152 [Sweets and Confectionery Sub-sector], 153 [Brewing and Distilling Sub-sector], SI 156 [Meat, Fish, Poultry, Abattoir and Meat Processing Sub-sector].
SI 74 – Zimbabwe Revenue Authority [ZIMRA].
SI 122 – Soft Drinks Manufacturing Industry. See also SI 123.
SI 147 – Textile Manufacturing Industry – complete conditions of service.
SI 158 – Electronics, Communications and Allied Industry.
SI 161 – Mining Industry [rates of pay].

NOTE: A complete numerical and chronological list [table] of all 2018 statutory instruments is also available on the Veritas website. Like any other table in MS Word, its contents can be not only searched, but also sorted alphabetically so as to group together all statutory instruments made during 2018 in terms of a particular Act of Parliament. The table includes dates of gazetting.

To be continued in Part 3.

In Part 3, we will deal with the remaining statutory instruments under the following headings:

Legal practitioners; Local Authorities – Establishment and Council Areas; Local Authorities – Council By-laws; Parliament; Miscellaneous.

Source: Veritas