STATUTORY INSTRUMENT 99 OF 2020

By Steve Munyaradzi Chikengezha, Junior Associate.

INTRODUCTION

After five (5) weeks of being indoors Zimbabweans received what most feel is “good news.” The news was delivered in the form of a speech by the President stating the new strategy on how businesses will function, and movement of people will be regulated moving forward. The aforementioned news bulletin has been codified into Statutory Instrument 99 of 2020.

The lockdown has now been extended for a further 14 days ending 17th day of May, 2020. However, the extension is materially different from the previous five weeks as the measures and guidelines regulating it are now a little more relaxed it’s a dichotomy of an extension that borders around the phased reopening of the economy.

SCOPE OF WRITE-UP

This paper focuses on the key highlights and seeks to provide clarity and help inform people from all walks of life on how they ought to handle themselves from this point onwards in conducting their daily activities. It is essential to note the Statutory Instrument has been gazetted, hence, the provisions contained therein are law and enforceable.

Accordingly, Zimbabwe is now on level 2 phased relaxation of the lockdown and below a few questions aimed at addressing the contents of these recent laws are dealt with significantly.

WHICH SECTORS AND BUSINESSES CAN NOW RESUME OPERATION?

Guided by the SI businesses in the commercial and industrial sector that are not essential services are now allowed to open. The scope of companies that qualify under this category is defined as follows: any business, industry, trade or occupation (other than an industry, business, trade or occupation operating as an essential service) dealing (whether on a wholesale, retail or other basis) in goods or services for the generation of income or the making of profits, the formalization of which is evidenced in any one or more of the following ways—

• the holding of a shop or other licence from a local authority enabling it to operate the business in question from a specified premises
• being the lessee of premises governed by the Commercial Premises (Lease Control) Act [Chapter 14:04]
• being a registered operator for the purposes of the Value Added Tax Act
• being a registered as an employer for the purpose of paying employees’ tax under the Income Tax Act, or otherwise making a regular return of income for the purposes of that Act
• being a party to a collective bargaining agreement negotiated through an Employment Council governing the business in question

The above means the majority of businesses are allowed to open so long they match any one of the categories above. But, if the business in question is informal or conducted in a “public place” that business is not exempt and cannot resume operations in the next two weeks. However, there are extra conditions that ought to have been met before businesses are allowed to open.

UNDER WHAT CONDITIONS WILL THESE BUSINESSES OPERATE?

The Businesses will operate from 08.00 to 15.00Hrs which means there is likely going to be a curfew on the movement of people. Therefore, businesses are encouraged to ensure their employees are home in reasonable time from the time of closing which is 15.00hrs. No business will be allowed to operate beyond that period. Any deviation from the stipulated time period will demand the employer to reveal good cause.

All employees in these businesses are required to submit for screening and testing for Covid-19 before resuming work. The employer is required to make arrangements with the screening officer to ensure this happens before they resume. Testing may take place at the work premises or an agreed venue. For this testing the Employer will have to liaise with the Ministry of Health or Information Call Centre. It is important to note that the businesses may only open and operate after testing. To ensure the testing of individuals and enable them to open government has introduced what they call “rapid results diagnostic test” means a test for the presence or absence in an individual of COVID-19 whose results are obtainable instantly or on the same day as the test.

In addition to that, at all times at the work premises, all employees are required to wear face masks and exercise social distancing. Businesses are additionally required to make available for all hand sanitizing liquid at their premises.

TRANSPORTATION OF PEOPLE;

Any public vehicle that is transporting people during this period is required to ensure:

• every vehicle used by the transport service must be disinfected against COVID-19 by or at the direction of an enforcement officer at least twice daily
• every individual must be temperature-tested and have his or her hands sanitized before being allowed to board any vehicle used by the transport service in question
• every individual in or about a vehicle used for a transport service must observe the social distancing rule

For the purposes of transporting the public, it’s only the ZUPCO vehicles that are allowed to transport people. Anything outside that a company ought to be using designated company vehicles or individuals will have to make use of their personal vehicles.

ENFORCEMENT;

The open businesses shall be subject to inspection at any given time by enforcement officers to guarantee they are observing the specified conditions and whether they qualify as a business that should be open. Should there be a dispute on whether an organization fits the scope of those allowed to open, it is the business that is open that shall bear the onus of proof.

If any person or representative of the business is found to be in contravention of the above stipulations or hindering or obstructing an enforcement officer from having the access referred to their premises, they shall be guilty of an offence. And liable to fine not exceeding level twelve or to imprisonment for a period not exceeding one year to both such fine and such imprisonment.”

CONCLUSION & EXTRA NOTES;

Any and all individuals who want to move around over the next two weeks are ordered to; observe social distancing wear face masks even in conducting their ordinary activities. This is a prerequisite once they’re outside their homes. The economy is reopening and the lockdown is being uplifted we encourage the observance of these stipulations for the protection of the broader population.

 

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