Grain Marketing (Control of Sale of Maize) Regulations, 2019 (S.I. 145 of 2019)

11. Unlawful, sale, purchase and possession of maize. IT is hereby notified that the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement has, in terms of sections 39 of the Grain Marketing Act [Chapter 18:14], made the following regulations:— Title 1. These regulations may be cited as the Grain Marketing (Control of Sale of Maize) Regulations, 2019. Application

2. These regulations are additional to any contractual obligations agreed to by a contract farmer and to the extent of any inconsistency with the contracted obligations, these regulations shall prevail. Interpretation Supplement to the Zimbabwean Government Gazette dated the 28th June, 2019. Printed by the Government Printer, Harare. 3. In these regulations— 1102 1095 DISTRIBUTED BY VERITAS e-mail: veritas@mango.zw; website: www.veritaszim.net Veritas makes every effort to ensure the provision of reliable information, but cannot take legal responsibility for information supplied. Grain Marketing (Control of Sale of Maize) Regulations, 2019 S. I. 145 of 2019 “agricultural produce” means seasonal or perennial crops, is being produced in compliance with standards specified in or under livestock and fisheries produce; the scheme contract. “authorised agency” means any Government parastatal or (2) A police officer, authorised person or inspector must entity acting on behalf of the government that is involved produce on demand a certificate of identification and authority as in the collection, storing, distribution or marketing of such before entering any contract farmer’s land: agricultural produce and “authorised person” shall be construed accordingly; Provided that, if any maize seized under these regulations is of such a nature that it cannot reasonably be removed by the person “contract farmer” means a farmer who enters into a scheme seizing it, he or she shall declare it as having been secured in the contract with either the Government or any registered place where he or she found it and the provisions of subsection (4) entity or person; in so far as they apply to the return of the seized maize to persons “contract produce” means any agricultural produce that the from whose custody they were taken shall apply, mutatis mutandis. contract farmer has produced or undertaken to produce (3) A police officer or an authorised person in terms of to a scheme contract; subsection (1) may obtain a warrant to enter or search any dwelling- “contractor” is any person; company or entity that enters into house he or she believes on reasonable grounds that evidence relating a scheme contract with a producer to grow maize; to a contravention of these regulations is to be found in that dwelling- house. “Grain Marketing Board” means the Grain Marketing Board established by section 3 of the Grain Marketing Act Unlawful, sale, purchase and possession of maize [Chapter 18:14]; 11. (1) Any person, whether or not a party to a scheme contract “maize” means the seed, whole or crushed, on or off the cob, who deals in or possess maize in contravention of these regulations; that but does not include green maize on the cob used in that is to say purchases, receives, stores, sells, obtains, possesses, exports, form for human consumption; transports or otherwise disposes of such maize, in contravention of these regulations, shall in terms of section 40(20) of the Act be guilty “maize meal” means the milled product of maize, including of an offence and liable to a fine not exceeding three times the value grits, cones, hominy chop and offals; of such controlled product, calculated on the current selling price of “miller” means any person who carries on the business of the Grain Marketing Board within Zimbabwe of the highest grade or milling or processing maize or wheat; class of that controlled product or eight hundred dollars, whichever is greater, or in default of payment, to imprisonment for a period not “Minister” means the Minister responsible for Lands and exceeding two years. Agriculture or any other Minister to whom the President may from time to time assign the administration of the Grain Marketing Act (supra); “producer” means any person who, by himself or herself or his or her agents, grows maize; 1096 1101 Grain Marketing (Control of Sale of Maize) Regulations, 2019 S. I. 145 of 2019 (ii) the criminal proceedings have resulted in the “receiving depot” means any place appointed by the Grain conviction of the accused person, in which event Marketing Board in terms of the Grain Marketing Board the convicting court may order any such property operations procedures and manual to be a receiving depot; to be forfeited to the State. “scheme contract” means a contract between— Compensation for maize wrongly seized (a) a contract farmer and the Government of Zimbabwe;

9. (1) Where maize is wrongly seized through the provisions or of section 8, the person to whom the maize belongs to may make an (b) contract farmer and a registered entity or person application to the High Court for the payment of compensation. contract; (2) The application must be made within the period of three to produce maize whereunder the contractor supplies months from the date of seizure of such maize. agricultural inputs in return for the contract farmer delivering the contract produce to the designated delivery (3) The court may order compensation to be paid to the points or GMB depots specified in the scheme contract; applicant only if satisfied that— “sell” includes to keep, offer, expose, transmit, convey, (a) the applicant has suffered loss as a result of the seizure; prepare for sale, barter, exchange or hawk, display or (b) there has been a serious default on the part of the advertise for sale, exchange or dispose of for valuable authorised agency or person or police officer that made consideration. the seizure; Control of maize (c) the seizure would not have been made had the default not occurred. 4. (1) Subject to these regulations maize is a controlled product (4) Where the court orders the payment of compensation— in terms of section 29 of the Act. (a) the compensation is payable by the authorised agency (2) The area within which the product shall be controlled is that made the seizure; all the provinces of Zimbabwe. (b) the amount of compensation to be paid is the amount Sale or delivery of maize that the court thinks reasonable, having regard to the loss suffered and any relevant circumstances. 5. (1) No person or statutory body or company or entity shall sell or otherwise dispose of any maize except to a contractor or to Powers of police officers and authorised persons the Grain Marketing Board.

10. (1) Subject to section 38 of the Act, a police officer or a (2) Any maize which is required to be sold to the Grain person generally or specifically authorised thereto by the Minister Marketing Board in terms of this section shall be delivered to the may upon giving not less than 24 hours verbal or written notice to Grain Marketing Board at such time, place, and quantities as the the contract farmer, enter and inspect the land or premises of the Board may direct and under such terms and conditions as the Grain contract farmer for the purposes of ensuring that the contract produce Marketing Board may provide. 1100 1097 Grain Marketing (Control of Sale of Maize) Regulations, 2019 S. I. 145 of 2019 (3) No person who is not a producer of maize or who is not farmer or producer shall deliver contract produce in accordance with a contractor shall sell maize to the Grain Marketing Board. the agreed provisions of a scheme contract, or to the Grain Marketing (4) The Grain Marketing Board is hereby empowered to reject Board. any maize delivered by a person other than a producer or a contractor. (2) An authorised agency or person executing its statutory duties may in the case where there is reasonable suspicion that maize Acquisition and disposal of maize is being sold in contravention of these regulations, do either or both

6. (1) No person or statutory body or company or entity shall of the following— buy or otherwise acquire any maize from any farmer or producer (a) seize the maize in question; otherwise than through the Grain Marketing Board. (b) seize any vehicle, container, or other property used in (2) A person who acquires any maize for use as seed shall connection with the storage or transportation of maize not use or dispose of that maize for any other purpose unless with in question; the written permission of the Grain Marketing Board. as an exhibit in the contemplated prosecution of the offence, in (3) A producer of maize or farmer is permitted to transport accordance with the provisions of these regulations. not more than five bags of maize of a capacity not exceeding 50 kilogrammes per bag from one area of the country to the other without Seizure any authorised person or police officer having to confiscate the maize. 8. (1) Subject to section 9 any property seized in contemplation (4) A producer of maize is permitted to transport maize in of a prosecution for a contravention of these regulations— excess of that specified under subsection (3) in the following cases— (a) shall be taken forthwith and delivered to a place of (a) where such maize is being transported to be sold to the security under the control of a police officer or authorised Grain Marketing Board; person: (b) where an authorised person has permitted such maize Provided that fungible property such as grain to be transported for any other specified purpose, which may be stored by comingling it with other fungible authority must be evidenced in writing to any police property of the same kind; officer on demand. (b) shall be held in custody at the former possessor’s risk (5) With effect from the date of commencement of these until— regulations, no person other than the Grain Marketing Board shall (i) the criminal proceedings in connection with which export from Zimbabwe maize of any quantity or any description until the property has been seized are abandoned or such a date that shall be specified by the Minister by way of notice discontinued or are concluded otherwise than in the Gazette. with the conviction of the accused, in which event the custodian inspector or police officer shall Provisions relating to contracted maize forthwith restore such items to the person from whom were seized or to whom they belong, as

7. (1) In order to secure the contracted obligations, a contracted may be appropriate; or 1098 1099 Grain Marketing (Control of Sale of Maize) Regulations, 2019 S. I. 145 of 2019 (3) No person who is not a producer of maize or who is not farmer or producer shall deliver contract produce in accordance with a contractor shall sell maize to the Grain Marketing Board. the agreed provisions of a scheme contract, or to the Grain Marketing (4) The Grain Marketing Board is hereby empowered to reject Board. any maize delivered by a person other than a producer or a contractor. (2) An authorised agency or person executing its statutory duties may in the case where there is reasonable suspicion that maize Acquisition and disposal of maize is being sold in contravention of these regulations, do either or both

6. (1) No person or statutory body or company or entity shall of the following— buy or otherwise acquire any maize from any farmer or producer (a) seize the maize in question; otherwise than through the Grain Marketing Board. (b) seize any vehicle, container, or other property used in (2) A person who acquires any maize for use as seed shall connection with the storage or transportation of maize not use or dispose of that maize for any other purpose unless with in question; the written permission of the Grain Marketing Board. as an exhibit in the contemplated prosecution of the offence, in (3) A producer of maize or farmer is permitted to transport accordance with the provisions of these regulations. not more than five bags of maize of a capacity not exceeding 50 kilogrammes per bag from one area of the country to the other without Seizure any authorised person or police officer having to confiscate the maize. 8. (1) Subject to section 9 any property seized in contemplation (4) A producer of maize is permitted to transport maize in of a prosecution for a contravention of these regulations— excess of that specified under subsection (3) in the following cases— (a) shall be taken forthwith and delivered to a place of (a) where such maize is being transported to be sold to the security under the control of a police officer or authorised Grain Marketing Board; person: (b) where an authorised person has permitted such maize Provided that fungible property such as grain to be transported for any other specified purpose, which may be stored by comingling it with other fungible authority must be evidenced in writing to any police property of the same kind; officer on demand. (b) shall be held in custody at the former possessor’s risk (5) With effect from the date of commencement of these until— regulations, no person other than the Grain Marketing Board shall (i) the criminal proceedings in connection with which export from Zimbabwe maize of any quantity or any description until the property has been seized are abandoned or such a date that shall be specified by the Minister by way of notice discontinued or are concluded otherwise than in the Gazette. with the conviction of the accused, in which event the custodian inspector or police officer shall Provisions relating to contracted maize forthwith restore such items to the person from whom were seized or to whom they belong, as

7. (1) In order to secure the contracted obligations, a contracted may be appropriate; or 1098 1099 Grain Marketing (Control of Sale of Maize) Regulations, 2019 S. I. 145 of 2019 (ii) the criminal proceedings have resulted in the “receiving depot” means any place appointed by the Grain conviction of the accused person, in which event Marketing Board in terms of the Grain Marketing Board the convicting court may order any such property operations procedures and manual to be a receiving depot; to be forfeited to the State. “scheme contract” means a contract between— Compensation for maize wrongly seized (a) a contract farmer and the Government of Zimbabwe;

9. (1) Where maize is wrongly seized through the provisions or of section 8, the person to whom the maize belongs to may make an (b) contract farmer and a registered entity or person application to the High Court for the payment of compensation. contract; (2) The application must be made within the period of three to produce maize whereunder the contractor supplies months from the date of seizure of such maize. agricultural inputs in return for the contract farmer delivering the contract produce to the designated delivery (3) The court may order compensation to be paid to the points or GMB depots specified in the scheme contract; applicant only if satisfied that— “sell” includes to keep, offer, expose, transmit, convey, (a) the applicant has suffered loss as a result of the seizure; prepare for sale, barter, exchange or hawk, display or (b) there has been a serious default on the part of the advertise for sale, exchange or dispose of for valuable authorised agency or person or police officer that made consideration. the seizure; Control of maize (c) the seizure would not have been made had the default not occurred. 4. (1) Subject to these regulations maize is a controlled product (4) Where the court orders the payment of compensation— in terms of section 29 of the Act. (a) the compensation is payable by the authorised agency (2) The area within which the product shall be controlled is that made the seizure; all the provinces of Zimbabwe. (b) the amount of compensation to be paid is the amount Sale or delivery of maize that the court thinks reasonable, having regard to the loss suffered and any relevant circumstances. 5. (1) No person or statutory body or company or entity shall sell or otherwise dispose of any maize except to a contractor or to Powers of police officers and authorised persons the Grain Marketing Board.

10. (1) Subject to section 38 of the Act, a police officer or a (2) Any maize which is required to be sold to the Grain person generally or specifically authorised thereto by the Minister Marketing Board in terms of this section shall be delivered to the may upon giving not less than 24 hours verbal or written notice to Grain Marketing Board at such time, place, and quantities as the the contract farmer, enter and inspect the land or premises of the Board may direct and under such terms and conditions as the Grain contract farmer for the purposes of ensuring that the contract produce Marketing Board may provide. 1100 1097 Grain Marketing (Control of Sale of Maize) Regulations, 2019 S. I. 145 of 2019 “agricultural produce” means seasonal or perennial crops, is being produced in compliance with standards specified in or under livestock and fisheries produce; the scheme contract. “authorised agency” means any Government parastatal or (2) A police officer, authorised person or inspector must entity acting on behalf of the government that is involved produce on demand a certificate of identification and authority as in the collection, storing, distribution or marketing of such before entering any contract farmer’s land: agricultural produce and “authorised person” shall be construed accordingly; Provided that, if any maize seized under these regulations is of such a nature that it cannot reasonably be removed by the person “contract farmer” means a farmer who enters into a scheme seizing it, he or she shall declare it as having been secured in the contract with either the Government or any registered place where he or she found it and the provisions of subsection (4) entity or person; in so far as they apply to the return of the seized maize to persons “contract produce” means any agricultural produce that the from whose custody they were taken shall apply, mutatis mutandis. contract farmer has produced or undertaken to produce (3) A police officer or an authorised person in terms of to a scheme contract; subsection (1) may obtain a warrant to enter or search any dwelling- “contractor” is any person; company or entity that enters into house he or she believes on reasonable grounds that evidence relating a scheme contract with a producer to grow maize; to a contravention of these regulations is to be found in that dwelling- house. “Grain Marketing Board” means the Grain Marketing Board established by section 3 of the Grain Marketing Act Unlawful, sale, purchase and possession of maize [Chapter 18:14]; 11. (1) Any person, whether or not a party to a scheme contract “maize” means the seed, whole or crushed, on or off the cob, who deals in or possess maize in contravention of these regulations; that but does not include green maize on the cob used in that is to say purchases, receives, stores, sells, obtains, possesses, exports, form for human consumption; transports or otherwise disposes of such maize, in contravention of these regulations, shall in terms of section 40(20) of the Act be guilty “maize meal” means the milled product of maize, including of an offence and liable to a fine not exceeding three times the value grits, cones, hominy chop and offals; of such controlled product, calculated on the current selling price of “miller” means any person who carries on the business of the Grain Marketing Board within Zimbabwe of the highest grade or milling or processing maize or wheat; class of that controlled product or eight hundred dollars, whichever is greater, or in default of payment, to imprisonment for a period not “Minister” means the Minister responsible for Lands and exceeding two years. Agriculture or any other Minister to whom the President may from time to time assign the administration of the Grain Marketing Act (supra); “producer” means any person who, by himself or herself or his or her agents, grows maize; 1096 1101 Statutory Instrument 145 of 2019. S. I. 145 of 2019 S. I. 145 of 2019 [CAP. 18:14 Grain Marketing (Control of Sale of Maize) Regulations, 2019 ARRANGEMENT OF SECTIONS Section

1. Title.

2. Application.

3. Interpretation.

4. Control of maize

5. Sale or delivery of maize

6. Acquisition and disposal of maize.

7. Provisions relating to contracted maize.

8. Seizure.

9. Compensation for maize wrongly seized.

10. Powers of police officers and authorised persons.

11. Unlawful, sale, purchase and possession of maize. IT is hereby notified that the Minister of Lands, Agriculture, Water, Climate and Rural Resettlement has, in terms of sections 39 of the Grain Marketing Act [Chapter 18:14], made the following regulations:— Title

1. These regulations may be cited as the Grain Marketing (Control of Sale of Maize) Regulations, 2019. Application

2. These regulations are additional to any contractual obligations agreed to by a contract farmer and to the extent of any inconsistency with the contracted obligations, these regulations shall prevail. Interpretation Supplement to the Zimbabwean Government Gazette dated the 28th June, 2019. Printed by the Government Printer, Harare. 3. In these regulations— 1102 1095