Author: TSA Press

Update on Government Gazettes and Statutory Instruments
Part 1

The purpose of this bulletin and another to follow soon is to provide, in two Parts, an update on Government Gazettes and statutory instruments from 1st August to date which have not been noted previously in our bulletins.  Please note that a searchable numerical list of all statutory instruments of 2019 from 1st January up to and including 30th September is available on the Veritas website [link  to list].

Statutory Instruments to Implement Supplementary Budget

We start with a group of statutory instruments implementing measures in the Supplementary Budget of 1st August which the Minister of Finance decided could be enacted into law by statutory instrument rather than having to wait for the Finance (No. 2) Bill to be approved by Parliament and gazetted as the Finance (No. 2) Act on 21st August.

Excise tax on liquor and fuels SIs 160 and 161 below were published in a Government Gazette Extraordinary dated 1st August, released by the Government Printer as the Minister ended his Supplementary Budget presentation to the National Assembly.

SI 160/2019 [link] sets out the new rates of excise duty on liquor, effective on and after 2nd August 2019.

SI 161/2019 [link] sets out the new rates of excise duty on petrol, diesel and kerosene.  The SI also contains provision allowing companies with free funds to import these fuel entirely for use in their production process and pay the duty in foreign funds; the same facility will be open to designated fuel stations authorised to sell fuel in foreign currency.

Customs duty rebate for Electrical Manufacturers

SI 167/2019 [link], gazetted on 9th August, is the eighth amendment to SI 378/2019, which is the basis for this rebate.  It expands Part D of the list of items qualifying for the rebate [items for the manufacture of sound amplifiers and speaker systems].

It also obliges manufacturers benefiting from the rebate to submit an annual report to the Minister showing incremental employment levels achieved, capacity utilisation levels, value of new investments, growth in output, R & D initiatives; the report on 2019 must be submitted by end of January 2020, and so on for subsequent years.  Failure to report will be penalised by withdrawal of the rebate and liability to pay the rebated duty for the year in question.  The new fees were effective from 9th August.

Foreign currency dutiable goods: relief for specified manufacturers  

SI 170/2019 [link] gazetted on 9th August – with effect from 9th August – provides for an exemption from the obligation to pay duty in foreign currency, to a list of named manufacturers and in respect of ring-fenced quantities of specified goods.

Vehicle registration and licensing – fees in ZWL$

SI 171/2019 [link] gazetted on 9th August lists in ZWL$ new fees for registration and licensing of vehicles: for example, ZWL$ 300,00 for licensing a light motor vehicle weighing up to 1, 500 kg for twelve months.

Licensing of drivers – fees in ZWL$

SI 173/2019 [link], gazetted on 9th August, lists in ZWL$ new fees payable for all aspects of licensing of drivers, including applications for learner’s licences, certificates of competency, driver’s licences of all classes and duplicate licences and certificates. The new fees were effective from 9th August.

Toll fees for National Road Network and Limpopo Bridge at Beitbridge border

SI 172/2019 [link], gazetted on 9th August, lists in ZWL$ the new fees payable at tolling points on the national road network.  The new fees are effective from 9th August.

SI 174/2019 [link], gazetted on 9th August, lists in US$ and SA Rand the fees payable for use, whether inward or outward bound, of the new Limpopo Bridge at the Beitbridge Border Post.  The fees were previously stated in US$ only, and these figures remain unchanged.

Courts, Master’s Office and Deputy Sheriffs: New Fees Denominated in ZWL Dollars

Gazette of 9th September

High Court 

SI 187/2019 [link] – High Court (Civil Cases) (Amendment) Rules, 2019 (No. 10)

Note: An error in the Schedule, item 2 [“Original summons sounding in money”], was corrected by SI 207/2019 of 20th September [link].

Magistrates Court

SI 188/2019 [link] – Magistrates Court (Civil) (Amendment) Rules, 2019 (No. 1).

Gazette of 13th September

Master’s Office

SI 192/2019 [link] – Administration of Estates (Master’s Office) (Fees) (Amendment) Regulations, 2019 (No. 8)

Constitutional Court

SI 193/2019 [link] – Constitutional Court (Amendment) Rules, 2019 (No. 1)

Customary Courts

SI 194/2019 [link] – Customary Law and Local Courts (Amendment) Rules, 2019 (No. 9)

Labour Court

SI 195/2019 [link] – Labour Court (Fees) Regulations, 2019

Small Claims Courts

SI 196/2019 [link] – Small Claims Courts (General) (Amendment) Rules, 2019 (No. 6)

Supreme Court

SI 197/2019 [link] – Supreme Court (Fees) (Civil Cases) (Amendment) Rules, 2019 (No. 7)

Deputy Sheriffs’ Fees and Allowances

SI 198/2019 [link] – High Court (Fees and Allowances) (Amendment) Rules, 2019 (No. 22) , amending SI 82/2000, and repealing SIs 109/2012 and 58/2016.

Collective Bargaining Agreements in ZWL Dollars

Insurance Industry

SI 165/2019 [link], gazetted 9th August, sets out wages and allowances for the period January  to June 2019 following an arbitral award issued on 17th April 2019, to be reviewed for the period July to December.

Mining Industry

SI 175/2019 [link], gazetted 23rd August, sets out the minimum earnings for 2019 for workers in the Mining Industry.  The agreement is stated to be subject to review on a quarterly basis, based on the prevailing economic situation in the industry.

Agricultural Industry (General Agriculture)

SI 177/2019 [link], gazetted 23rd August, sets out new minimum wages for the effective from 15th May.

Tobacco Industry – Tobacco (Miscellaneous) Sector

SI 178/2019 [link], gazetted 23rd August, sets out an agreement applicable to the fixing minimum wages and allowances for the three months July, August and September.

Tobacco Industry [Cigarette and Tobacco Manufacturing sector]

SI 179/2019 [link] and SI 180/2019 [link], gazetted 23rd August, cover wages and night shift allowance for the for the periods January 2018 to June 2019 and July to December 2019, respectively.

Civil aviation: New Personnel Licensing Regulations

SI 176/2019 [link], gazetted on 16th August, was the latest in a series of statutory instruments updating regulations under the Civil Aviation Act.  It sets out the new regulations on licensing of pilots, engineering and other personnel in a substantial A4 book.

Dams Declared “Inland Waters”

SI 166/2019 [link], gazetted on 9th August, declares six dams to be inland waters for the purposes of the Inland Waters Shipping Act: Tugwi-Mukosi; Mazowe; Acadia; Zhove; White Waters; and Mtshabezi dams.  The effect of the declaration that the Act, and the regulations made under it, will now apply to these dams.  The Act and regulations provide for such matters as registration and survey of some classes of vessels used on inland waters and standards of competency for those commanding them and their crews.

Zimbabwe Centre for High Performance Computing

SI 168/2019 [link] gazetted on 9th August is the Manpower Planning and Development (Zimbabwe Centre for High Performance Computing) Regulations, 2019.  The regulations provide for the establishment of a new body corporate – a new parastatal – in the form of a Government institute to be known as the Zimbabwe Centre for High Performance Computing [ZCHPC].   The Centre will be the custodian of the national supercomputer and its system and provide supercomputing services not Government and to individuals and organisations requiring such services.  As the ZCHPC has been in existence at the University of Zimbabwe since 2015, the SI appears to something of an afterthought.

Does all this really fall within the scope of the Manpower Planning and Development Act as a whole, let alone the provisions of the Act cited as enabling the regulations?  These are questions for the Parliamentary Legal Committee.  Our initial reaction is that this SI may be ultra vires and not fit for purpose.

Gazette of 20th September 2019

Zambezi River Authority – Employees’ Conditions of Service amended

SI 201/2019 [link] gazettes comprehensive changes to the terms and conditions of service of employees of the Zambezi River Authority [ZRA], as approved by the Governments of Zambia and Zimbabwe.

Note: The ZRA is a corporation jointly and equally owned by the governments of Zambia and Zimbabwe. It is a governed by a four-person council consisting of the Ministers of Energy and Finance of each country. Its primary function is to operate and maintain the Kariba Dam on the Zambezi River.  Its headquarters are in Lusaka.

Wages and allowances for Chemicals, Fertilisers, Battery and Plastics Manufacturing Industry

SI 202/2019 [link] sets the 2019 wages and allowances for the various sectors of the industry.

Customs duty rebate for electrical manufacturers

SI 203/2019 [link] amends the principal regulations by adding more goods to the list qualifying for the rebate in addition to those already added following the Supplementary Budget in August [see below]..

Customs  and Excise Tariff Amendment

SI 204/2019 [link] reduces customs duty on certain goods [including to zero on lithium solar batteries] and states excise duty on specified liquor and tobacco items in ZWL.

Statutory Instruments 205/2019 onwards will be covered in Part 2

Veritas makes every effort to ensure reliable information, but cannot take legal responsibility for information supplied.

Post published in: Featured

Calling All Legal Ops Leaders: The 2019 LDO Survey Is Live

Calling All Legal Ops Leaders: The 2019 LDO Survey Is Live

LDO and Above the Law

What law school got top marks in the 2018 Best Law Schools for Practical Training by preLaw magazine, a National Jurist publication?

Hint: The ranking is based on a number of factors including clinics, externships, simulation courses, and interschool competitions.

See the answer on the next page.

Over the last few days the President has been preparing an alternative government for our country. To begin this process, he has made appointments and assigned duties to officials in the party, to ensure readiness.

Today the President is announcing two bold steps taken as part of the elaborate and carefully thought process of preparing to serve the people of Zimbabwe and make our country great. The President is doing this in preparation while the citizens consider the resolution of our national crisis.

In preparing the MDC’s task as a government the President understands that our problems emanate from the lack of integrity and accountability in our public work. The President emphasises that public officials are the human interface between the state and the citizens. He wants local governments, run by his party to be an exemplary interface that is accountable and of high integrity. President Chamisa has zero tolerance for corruption and any lack of efficacy in public officials.

The President has with immediate effect constituted an Integrity and Accountability Panel (IAP) which shall enforce his zero tolerance to corruption policy. He has provided this team with terms of reference are specific and definitive.

This committee shall perform its duties through a process that includes meeting with all stakeholders such as residents and organised local groups. The five member strong panel, that has been carefully verted, will be led by a very highly regarded lawyer in this country. One who has to this day served this country with integrity and commitment, Advocate Thabani Mpofu.

The President will require him to execute his duties with continued honour and hard work and has instructed him to remain uncompromising in his commitment to the highest standards.

Secondly the President has assigned duties to his Vice Presidents, as a way of ensuring better efficiency and a smoother operating political party in preparation for an all-star and high calibre government. He wants a machine that is properly oiled with all its nuts and bolts properly positioned and tightened. Our country cannot take any chances and does not have the luxury of time, and this has informed the President’s assignment of duties to the Vice Presidents.

The President has allocated these responsibilities to ensure the effective execution of his mandate to transform the MDC into a modern 21st century Party of Excellence. These assignments are put in place in order to ensure the MDC can define a new Zimbabwe and prepare to form the next government and do so very soon. The Vice Presidents shall hold these responsibilities on a rotational basis as shall be determined by the President, from time to time.

In line with the Constitution the President has designated that with immediate effect the Vice President shall resume working on the following areas.

Vice President, Honourable Lynette Karenyi, will be responsible for supervising all party activities relating to two clusters, which are:

1.Parliament, and
2.Party Building

Vice President, Professor Welshman Ncube, will be responsible for supervising all party activities relating to the following clusters:

1.Administration, and
2.International Relations and Diplomacy

Vice President, Honourable Tendai Biti, will be responsible for supervising all party activities relating to:

1.Policy and Ideology, and
2.Local Government

Dr Nkululeko Sibanda – Presidential Spokesperson
Movement For Democratic Change

Post published in: Featured

Dedicated to the 6 civilians who were killed by the Zimbabwe National Army (ZNA) on 1 August 2018, the report is the most comprehensive appraisal of Zimbabwe’s human rights situation produced every year by Zimbabwe’s biggest and oldest human rights coalition, the Zimbabwe Human Rights NGO Forum (the Forum).

In the Foreword to the report, the Chairperson of the Forum Jestina Mukoko notes that 72% of the human rights violations documented do not require money to resolve.  “They only require the state to turn off its architecture of violence and torture,” she says, “Surely, this is not asking for much.”

15 Chapters of the report are dedicated to an assessment of the human rights situation along thematic areas that include elections, governance, economy, socio-economic rights, civil and political rights, children’s rights, women’s rights, sexual minorities, persons with disabilities, environmental rights, business and human rights, freedom of the media, courts and access to justice, independent commissions, and ratification of international treaties. The final chapter of the report makes a raft of recommendations for state and non-state actors.

Key among the recommendations is the call for an inclusive and comprehensive national dialogue to create a culture of respect for human rights and restore the dignity of all persons. The report recommends greater compliance with the constitution, genuine and authentic reform of repressive laws, respect and strengthening of independent commissions, reform of the security sector as well as fair and impartial application of the law.

Speaking at the launch of the report, Ms. Blessing Gorejena, the Executive Director of the Forum noted that she hoped that the report will help in escalating the conversation on the nation’s human rights priorities.  In presenting the findings of the report, the Forum’s Programmes Coordinator, Dzikamai Bere said that the motivations for observance of high human rights standards should not be to please any foreign governments, but that rather for the benefit and dignity of the people of Zimbabwe.

Officially launching the report, Mr. Tabani Moyo of the Media Institute for Southern Africa (MISA) stated that the report is not about the past but the future.

“This is not just a report of the past,” said Mr. Moyo, “but a projection of what our future will look like and what work we need to put in to ensure that we build a society in which all people will enjoy their rights.”

To download the full report, use this link.

Post published in: Featured

* “This is not a game for us. This is deadly serious. We’re here to find the truth, to uphold the Constitution of the United States.” House Speaker Nancy Pelosi will not hold a full vote to authorize a formal impeachment inquiry into President Trump — yet. [POLITICO; CNN]

* Rudy Giuliani, President Trump’s personal lawyer, has officially failed to comply with a congressional subpoena. According to Giuliani, despite the fact that he’s reportedly the subject of numerous federal investigations, Jon Sale is no longer repping him, saying, “At this time, I do not need a lawyer.” Good luck with that, bro. [The Hill]

* You may remember Mossack Fonseca from the Panama Papers case, but now you’ll remember the firm as the one that sued Netflix for libel and trademark infringement for portraying its attorneys as villains in the new movie “The Laundromat.” Catch the flick this Friday from your couch. [Big Law Business]

* Students from Penn Law are marching to demand that Professor Amy Wax be shown the door. “We’re hoping that today people will join our call to fire her just to create a more inclusive space at the Law School that actually rectifies the harm that is being done.” But will it work? [Daily Pennsylvanian]

* In case you missed it, jurors recommended life in prison for Sigfredo Garcia after finding him guilty of murdering Professor Dan Markel, and a judge another 30 years on top for conspiracy to commit murder. Prosecutors still intend to retry Katherine Magbanua. [Tallahassee Democrat]

* Sign up here if you’d like to take part in a conversation between best-selling author John Grisham and former U.S. attorney Preet Bharara (S.D.N.Y.) tonight. I’ll be there to cover the event for Above the Law, and I hope to see you there. [TimesTalks]

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Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.

Calling All Legal Ops Leaders: The 2019 LDO Survey Is Live

Calling All Legal Ops Leaders: The 2019 LDO Survey Is Live

LDO and Above the Law

Joe and Elie discuss the in-house world. Lawyers and law students often daydream about what they perceive as the cushy world of going in-house. But these lawyers face their own challenges. A recent comprehensive survey of corporate legal departments reveals confusion over privacy requirements and complaints over outside counsel costs.

BYOD practices at companies and firms can be a huge headache for IT professionals. A few weeks back, I had the opportunity to present the counterpoint to arguments in support of so-called Bring Your Own Device policies. We were in Chicago for the PREX Conference — an event devoted to corporate legal professionals  — and my friend and colleague David Cohen made the argument in favor of BYOD.

I took the position that allowing employees to connect their personal devices to company systems creates unnecessary security risks; they impact legal, compliance, and management decisions every organization has to confront, and they create a huge burden for IT professionals, with negligible cost savings. Moreover, I argued, allowing employees to connect personal devices at work encourages personal activity on company time, and it could give rise to wage and hour claims.

For those legal operations readers who were not in Chicago for PREX, I thought it may be useful to recap the three big reasons BYOD policies are problematic.

Security. Under BYOD policies, employees are accessing company information on their phones, tablets, and laptops. Some would say that Apple devices are pretty secure, while Android devices are less so. It’s easy to swap out a SIM card on an Android device.

There’s also all the WiFi and hotspot connections all over the place. Anyone who’s even marginally paying attention has heard horror stories about hacked WiFi connections. It is true that if a hacker really wants to get your data, they can. The question is: Why make it easier?

Laptops present a whole other dimension of security risk. In a virtual desktop environment, it’s better; but with VPN connections, there is data going back and forth and applications are running on the laptop. It’s just another opportunity for a hacker to intrude.

BYOD policies basically surrender control of the device to the user and experience tells us that do so more often than not results in bad outcomes.

Inconvenience. It is a logistical nightmare to manage employee devices under a BYOD policy. Some people may have two or three devices. IT professionals need to support all these devices, with different operating systems, and there are software incompatibility issues. Consequently, IT folks need to buy Mobile Device Management programs, hire additional staff, and constantly push out updates and security patches to all these different devices. If you’re a small organization, this affects scalability and impacts organization infrastructure, not to mention costs.

Legal. BYOD policies implicate storage, retention, data transfer under the GDPR, and other regulatory schemes. And there are privacy issues. What about legal holds? Legal holds, incident response, and data breach — it’s difficult to imagine three more important risks that legal operations professional face. How do you put a legal hold in place when every employee has three devices and they are geographically dispersed? In today’s interconnected world, these devices often contain the most critical evidence.

Lastly, wage and hour claims have been on the rise in part because of BYOD policies. Hourly or non-exempt staff may need to be instructed not to answer emails after hours unless you want to pay them overtime, and even that may not suffice.

In short, BYOD policies are not more secure. With company-issued devices, the company can control them and dictate the terms of their use. BYOD policies are also not more convenient. In fact, they present a logistical and management nightmare for IT folks. And lastly, the legal risks simply outweigh the benefits of having a BYOD policy.

And frankly, it is not at all clear if BYOD polices are more cost-effective because IT can bulk purchase devices and employees insist that employers pay for data plans and software licensing.

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Mike Quartararo is the managing director of eDPM Advisory Services, a consulting firm providing e-discovery, project management and legal technology advisory and training services to the legal industry. He is also the author of the 2016 book Project Management in Electronic Discovery. Mike has many years of experience delivering e-discovery, project management, and legal technology solutions to law firms and Fortune 500 corporations across the globe and is widely considered an expert on project management, e-discovery and legal matter management. You can reach him via email at mquartararo@edpmadvisory.com. Follow him on Twitter @edpmadvisory.