Sale or delivery of soya beans

5. (1) No person or statutory body or company or entity under a contractual obligation to sell to a contractor or to the Grain Marketing Board shall sell or otherwise dispose of any soya beans except to such contractor or to the Grain Marketing Board.
(2) Any soya beans which is required to be sold to the Grain Marketing Board in terms of this section shall be delivered to the Grain Marketing Board at such time, place, and quantities as the Board may direct and under such terms and conditions as the Grain Marketing Board may provide.

Acquisition and disposal of soya beans

6. (1) No person, statutory body, company or entity shall buy or otherwise acquire any soya beans from a contract farmer without a prior contractual obligation to do so.
(2) No person shall use or dispose of soya beans acquired through the Grain Marketing Board for use as seed otherwise than for the such purpose except with the written permission of the Grain Marketing Board.
(3) A contract farmer is permitted to keep or transport not more than two bags of soya beans of a capacity not exceeding 50 kilograms per bag from one area of the country to the other without any authorisation from the Grain Marketing Board.
(4) A contract farmer is permitted to transport soya beans in excess of that specified under subsection (3) in the following cases—
(a) where such soya beans are being transported to be sold to the nearest Grain Marketing Board;
(b) where an authorised person has permitted such soya beans to be transported for any other specified purpose,
which authority must be evidenced in writing to any police officer on demand.
(5) With effect from the date of commencement of these regulations, no person other than the Grain Marketing Board shall export from Zimbabwe soya beans of any quantity or any description until such a date that shall be specified by the Minister by way of notice in the Gazette.
(6) In order to secure the contracted obligations, a contracted farmer or producer shall deliver contract produce in accordance with the agreed provisions of a scheme contract, or to the Grain Marketing Board.
(7) Where there is reasonable suspicion that soya beans are being sold in contravention of these regulations—
(a) an authorised person; or
(b) police officer;

may seize the soya beans in question or seize any vehicle, container, or other property used in connection with the storage or transportation of the soya beans in question as an exhibit in the contemplated prosecution of the offence, in accordance with the provisions of these regulations.

Seizure

7. (1) Subject to section 8 any property seized in contemplation of a prosecution for a contravention of these regulations—
(a) shall be taken forthwith and delivered to a place of security under the control of a police officer or authorised
person:
Provided that fungible property such as grain may be stored by comingling it with other fungible property of the same kind;
(b) shall be held in custody at the former possessor’s risk until—
(i) the criminal proceedings in connection with which the property has been seized are abandoned or discontinued or are concluded otherwise than with the conviction of the accused, in which event the custodian inspector or police officer shall forthwith restore such items to the person from whom were seized or to whom they belong, as may be appropriate; or
(ii) the criminal proceedings have resulted in the conviction of the accused person, in which event the convicting court may order any such property to be forfeited to the State.

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