Bill Watch 53/2019 [Update on
Statutory Instruments: Part 2] 16 October 2019
by their insurers. Another view, however, is that these prescribed assets were
increased so that the State has access to more financial resources that would
not otherwise be available to the State from investors from the money market.
High Court civil cases fees: correction of error
SI 207/2019 [link] corrects an error in SI 187/2019 [link] by replacing item 2 of
the Schedule of fees [item 2 deals with court fees chargeable for a summons in
civil cases claiming payment of money.
Persons who may lawfully acquire, possess and supply industrial hemp
SI 208/2019 [link] is a set of regulations, made by the Minister of Justice, Legal
and Parliamentary Affairs in terms of section 161(g) of the Criminal Law Code,
listing the following as persons who may lawfully acquire, possess and supply
hemp:
• any “farmer” [the term is not defined] so authorised in writing by the
Minister of Lands, Agriculture, Water, Climate and Rural Resettlement,
• the State or any of its organs on farms operated by the State or by any
State organ,
as long as they are cultivating “industrial hemp” [there is a definition] for
industrial purposes. At least, that is how Veritas interprets the regulations,
which could – and should – be much more clearly and tightly stated, given that
the they are intended to create an additional class of persons exempted from
the criminal penalties normally associated with possession of cannabis plants,
prepared cannabis and cannabis resin.
Gazette of 23rd September 2019
New Standard Scale of Fines in ZWL dollars
SI 209/2019 [link] by the Minister of Justice, Legal and Parliamentary Affairs
amends an Act of Parliament – it repeals and replaces the First Schedule to the
Criminal Law (Codification and Reform) Act. The enabling provisions cited by
the Minister – section 280 of that Act and section 24(1) of the Finance (No. 2)
Act, 2019 (No. 7 of 2019) – expressly confer the power to amend Acts of
Parliament. This SI, too, is open to challenge on the basis of Mlilo's case.
It is important to remember that the new figures apply only to offences
committed on or after the date the SI was gazetted, 23rd September. Some
examples of the new levels are: level 1 is ZWL$ 40, level 3 is ZWL$ 100 [the
maximum fine to be imposed by a police officer for a petty offence under the
admission of guilt procedure], level 14, the highest level, is ZWL$ 30 000.
Gazettes of 27th September 2019
ZWL dollar wages and allowances for Cotton Industry
SI 210/2019 [link] records a collective bargaining agreement fixing wages and
allowances in the cotton industry, back-dated to 1st June.
Customs duty suspensions (1) disabled persons and (2) commercial tyres
imported by approved importers
SI 211/2019 [link] fine-tunes the effect of the suspension of duty for motor
vehicles imported for disabled persons by section 4 of the principal regulations,
SI 257/2003.