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Update on Acts and Statutory Instruments - Bill Watch 1/2012
Veritas
January 03, 2012

Both Houses have adjourned until Tuesday 28th February 2012

Acts Gazetted on 31st December

[Electronic versions available from veritas@mango.zw]

  • Finance (No. 2) Act
  • Appropriation (2012) Act
  • Appropriation (2011) Amendment Act.

Notes on Finance (No. 2) Act: This Act gives effect to Budget measures on:

  • income tax [tax-free threshold raised; tax bands widened; bonus tax threshold raised; presumptive tax extended to operators of speedboats, houseboats and fishing rigs]
  • value added tax [VAT remittance period extended to 25th of following month]
  • customs and excise [reporting to customs officials by persons in charge of motor vehicles and pilots of aircraft; customs rummage sales; customs processing computer systems]
  • royalties on gold and platinum [up from 4.5% to 7% and 5% to 10%, respectively].
  • The Act also amends:
  • the Companies Act [by belatedly converting monetary amounts specified in provisions of the Act to US dollars]
  • the Deposit Protection Corporation Act [this Act has not yet been gazetted, although Parliament passed the Deposit Protection Corporation Bill in mid-2011. When the Deposit Protection Corporation Act is eventually gazetted, these amendments will become effective immediately. Gazetting of the Deposit Protection Corporation Act has presumably been delayed to ensure that it did not appear on the statute book before these amendments. It should also be noted that these amendments refer to the Bill as passed by Parliament, which differs from the Bill originally gazetted; as a result the amendments do not make sense when read in conjunction with the original Bill. A version of the Bill as passed by Parliament is available – see below.]

Status of Bills

[Electronic versions available from veritas@mango.zw]

Bills passed by Parliament awaiting gazetting as Acts

  • Deposit Protection Corporation Bill [NEW electronic version now available containing the Bill as passed by Parliament]
  • Small Enterprises Development Corporation Amendment Bill

Bill awaiting Second Reading in the House of Assembly

Bills gazetted and awaiting presentation

Older Persons Bill [gazetted 9th September]

Lapsed Bills awaiting restoration to the Order Paper

Government Gazette

  • Court calendars for 2012 [Electronic versions available]
  • Supreme Court and High Court – GN 585/2011
  • Labour Court – GN 586/2011
  • Trade marks – SI 147/2011 contains the text of the Banjul Protocol plus the text of the Regulations for implementing the Protocol made by the African Regional Intellectual Property Organisation [ARIPO].
  • Prisons: dietary scale for prisoners – SI 149/2011 republishes the dietary scale first gazetted by SI 97/2011. This time round the “general observations” that were missing from SI 97/2011 are included, so the scale now makes more sense. [Electronic version available.]

Traditional leaders

SI 148/2011 gazettes new monthly allowances for headmen, acting headmen, village heads and messengers of chiefs and headmen, backdated to 1st September 2011.

GN 591/2011, gazetted on 23rd December by the Minister of Local Government, Rural and Urban Development, places an unnamed area of resettlement land under the authority of Chief Mangwende of Murehwa District in terms of section 29 of the Traditional Leaders Act. The Macheke Service Centre is excluded.

Ban on importation of second-hand underclothing – SI 150/2011 is an amendment to the Control of Goods {Open General Import Licence), effective from 30th December 2011. It bans the importation of “articles of second hand undergarments of any type, form or description, whether purchased, donated or procured in any other manner”.

Pension and Provident Funds and Insurers registration fees – SIs 151 and 152/2011 specify new fees.

VAT – SI 153/2011 enacts new penalties, including civil penalties, for failure to “fiscalise”, i.e., to comply with the VAT (Fiscalised Recording of Taxable Transactions) Regulations. SI 154/2011 adds certain raw materials to Part II of the Second Schedule to the VAT (General) Regulations, i.e., it zero rates the materials.

Customs duty – SIs 155 to 159/2011, all effective from 1st January 2012, deal with aspects of customs duty: SI 155 – SADC suspensions; SI 156 – import surtax of 25% on second-hand light passenger motor-vehicles more than 5 years old and other items; SI 157 – rebates on travellers’ effects, ambulances for local authorities, donated sports kit/equipment; SI 158 – suspension of duty on listed items; SI 159 –amendments to customs tariff.

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