Update on Statutory Instruments January to August 2018: Part 3 – Bill Watch 5 / 2019

Source: 25 January 2019Democracy, Legislation

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].

Part 2 grouped statutory instruments under the following headings: Commissions of Inquiry; Constitutional Commissions; Courts; Customs and Excise; Elections; Labour – collective bargaining agreements.

In this concluding bulletin [Part 3] we have grouped statutory instruments under the following headings:

  • Legal practitioners
  • Local Authorities – Establishment and Council Areas
  • Local Authorities – Council By-laws
  • Miscellaneous

Legal Practitioners

Legal practitioners – Code of Conduct – SI 37 contains the Legal Practitioners (Code of Conduct) By-laws, 2018, made by the Law Society of Zimbabwe. The by-laws set out a list of 54 acts and omissions which constitute unprofessional, dishonourable and unworthy conduct on the part of a registered legal practitioner. As the SI says, the list is not exhaustive; section 23 of the Legal Practitioners Act makes it clear that the Council of the Law Society, the Disciplinary Tribunal and the High Court may regard acts and omissions not listed in the Act or these by-laws as unprofessional, dishonourable or unworthy.

Local Authorities Establishment and Council Areas

Upgrade to municipal status for Beitbridge town SIs 28 and 29, respectively, upgraded Beitbridge Town Council to Municipal Council status and laid down transitional provisions, such as continuation in force of by-laws.

Caledonia Farm transferred from Harare City Council area to Goromonzi RDC area SI 141 gazetted Proclamation 3 of 2018 signed by the President on 15th July and gazetted in a Gazette Extraordinary on 27th July, just three days ahead of polling day in the 30th July harmonised election. This clumsy and defectively drafted proclamation seems designed to conceal from the ordinary reader that the area of land to be added to the Goromonzi Rural District Council area, is to be excised from the Harare City Council area. Proclamations 1 and 2 of 2012 taken together, transferred the area of Caledonia Farm from Goromonzi RDC area and jurisdiction to the Harare City Council area and jurisdiction. As the current proclamation repeals both Proclamations 1 and 2 of 2012, it is clearly designed to reverse those changes.

Local authorities – Council by-laws

Bikita RDC – SI 149 [Environmental, as corrected by SI 167]; SI 166 [Traffic, Clamping and Tow-away].

Bindura RDC – SI 32 [Anti-Litter]; SI 33 [Control of Livestock]; 34 [Control of Dogs]; SI 35 [Traffic]; and SI 36 [Food Hygiene].

Beitbridge Municipal Council – SI 43 [Traffic].

Bubi RDC – SI 2 [Land Use and Conservation By-laws for Communal and Resettlement Areas].

Chiredzi Town Council – SI 81 [Pre-Paid Parking].

Gutu RDC – SI 142 [Hawkers and Street Vendors]; SI 143 [Traffic]; SI 136 [Land Use and Conservation for Communal and Resettlement Areas]

Harare City Council – Incorporated and local government areas – SI 134 [Sewerage Charges]; 135 [Water Charges].

Murehwa RDC – [Traffic].

Nyanga RDC – SI 162 [Hawkers and Street Vendors]; SI 163 [Clamping and Tow-away]; SI 164 [Traffic]; SI 165 [Fire];

Rusape Town Council – SI 46 [Fire].

Rushinga RDC – SI 55 [Anti-litter]; SI 56 [Traffic]; SI 57 []Refuse Removal]; SI 60 [Pubic Health]; SI 61 [Hawkers and Street Vendors].

Vungu RDC – SI 148 {Environmental]

Zvishavane Town Council – SI 65 [Control of Worship in Open Spaces].

Miscellaneous

Census and Statistics – access to census data

SI 150 enacted the Census and Statistics (Anonymised Microdata Access) Regulations, authorising the Zimbabwe National Statistics Agency to allow data users, under appropriate conditions, access to microdata that have been collected from households and establishments through censuses and surveys – but only (1) after it has been anonymised, i.e., after removal of possible direct or indirect identifiers of individuals, households or establishments, and (2) after the Agency has disseminated census and survey results.

Estate Administrators

SI 59 amended the Estate Administrators (Registration and Examination) Rules of 2004, specifying new fees

Governance

Public Entities Corporate Governance Act

SI 89 brought the Public Entities Corporate Governance Act into operation with effect from 8th June 2018.

SI 168 of 31st August gazetted the Public Entities Corporate Governance (General) Regulations.

Public Procurement

SI 5 of 19th January gazetted the comprehensive Public Procurement and Disposal of Public Assets (General) Regulations, implementing the new Public Procurement and Disposal of Public Assets Act [the Act itself came into effect on 1st January 2018]. [These important regulations will be posted on our website as soon as possible]

Income Tax

There were two SIs providing for exemptions from income tax for World Vision of Zimbabwe [SI 127 and SI 128, repealing and replacing SIs 119 and 120, respectively].

Insurance

SI 39 was the twenty-first amendment of the Insurance Regulations of 1989 and specifies minimum capital requirements for micro insurance companies, application and registration fees for such companies, and individual and corporate licence fees for micro insurance agents.

SI 40 provides for a levy payable by micro insurance companies, by amending the Insurance and Pensions Commission (Levy) Regulations of 2016.

Marriage

SI 23 amended the Marriage Regulations to introduce new gazetted new fees for certificates etc with effect from 23rd February. An error had to be corrected by SI 125.

Mining

SI 4 amended mining fees but was repealed two weeks later by SI 14.

Place names

SI 136 changed the name of the Tokwe-Mukosi Dam in Masvingo Province to Tugwi-Mukosi.

Social Security –Voluntary Schemes for the Informal Sector.

SI 50 of 13th April gazetted the National Social Security Authority (Voluntary Informal Sector Schemes) Notice, 2018 [this important document will be posted on our website as soon as possible]. This notice provides for the establishment by the Authority of the following three voluntary schemes for the informal sector: (1) Pension and Other Benefits, (2) Health Insurance and (3) Maternity Protection.

Special Economic Zones

SI 154 gazetted the Special Economic Zones (General) Regulations

Value Added Tax

SI 30 enacted an exemption for ancillary services provided by the National Pharmaceutical Company [NatPharm].

SI 38 allowed export tax relief on unbeneficiated hides for March, April and May only.

SI 79, backdated to 1st January 2018, allowed an exemption, under tight controls, from VAT for Development Partners in respect of goods or services purchased by them under Aid or Technical Cooperation Agreements for projects approved by the Minister of Finance and Economic Development.

SI 138 added Services offered by the Messenger of Court to the list of services exempted from VAT, backdated to 1st January 2018.

Vehicle registration and licensing

SI 54 with effect from 20th April 2018, enacts a new Third Schedule to the principal regulations prescribing the fees for vehicle and trailer registration, number plates, and replacement of registration books.

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.

Source: Veritas