Judgment No. CCZ 5/15 11 Const. Application No. CCZ 23/14 receiving of proposals for insurance, the issuance of policies or the collection of premiums. An “insurance broker” is defined as a person who, on behalf of any other person, negotiates insurance business with insurers. Both definitions exclude an employee of a registered insurer who receives a salary. It is common cause that ZIMRA is mandated under its agency agreement with the MIP to issue policies and collect premiums. There is therefore no doubt that ZIMRA acts as an insurance agent rather than as an insurance broker in the present context. Turning to TOBAZ, its own admission is that its members have previously been buying and arranging insurance services for local and foreign tourists, including temporary motor vehicle insurance cover for foreign vehicles. As for the future, their prayer is to be allowed to arrange insurance cover for foreign vehicles through any registered and approved insurer who is not necessarily a member of the MIP. It therefore cannot be disputed that the members of TOBAZ have been negotiating or brokering insurance business with insurers on behalf of tourists and wish to continue to do so. They are clearly operating as insurance brokers and there has been no attempt in the applicant’s papers or by its counsel to gainsay that position. Section 7(1) of the Insurance Act requires that every insurer must be registered, while s 35(1) mandates the registration of every insurance broker. Both provisions make it an offence, attracting a maximum fine of level 14 and/or imprisonment for a period of up to 5 years, for any person to carry on business as an insurer or insurance broker