Phillips Law

STATUTORY INSTRUMENT 89 OF 2021- A CLOSE ANALYSIS ON THE BAN OF SECOND HAND VEHICLES

By Bianca Mahere, Associate.

Early this month, there was the introduction SI 89 of 2021 which is also known as the Control of Goods (Import and Export) (Commerce) (Amendment) Regulations 2021 (No. 9). The Statutory Instrument became popular because of its ban on second hand motor vehicles which are ten (10) years older from the date of manufacture. Whilst this may be a hard blow on the majority of Zimbabweans who can afford such motor vehicles, the move is in line with global standards for the preservation of our environment.

The issue of global warming has become an issue of concern worldwide and there is need to mitigate this phenomena before our world becomes uninhabitable. According to reports by the United Nations Environment Programme, motor vehicle emissions are one of the major contributors of the greenhouse gases and are estimated to contribute nearly a quarter of energy related global greenhouse gas emissions.

In most developed countries, measures have been put in place to curb the emissions. For example, in some countries, motor vehicles must have valid roadworthiness certificates in order to be on the road. Without the standards being met, the motor vehicles, which will usually be old and dilapidated, will be banned on the roads. Unfortunately for the third world countries, especially in Africa, the motor vehicles are imported there as they have a ready market. Some African countries have already started to curb this environmental hazard. In Morocco, importation of motor vehicles is only allowed in circumstances where the motor vehicles are less than five (5) years old and where they meet the EURO 4 European vehicles emission standard. Therefore, the ban by the Zimbabwean government of old vehicles is not peculiar.

The upside of the ban is not only in relation to mitigate environmental pollution, there are other advantages expected from this move. The substandard motor vehicles are believed to be the cause of the increased road carnage in the country. Therefore, a ban on the vehicles is believed to help reduce accidents. The move is also meant to promote forex retention as millions of forex is being lost to other countries especially Japan. The development is also meant to drive demand for locally produced vehicles, this will also attract a foreign market to our locally produced vehicles.

There are certain types of vehicles which are exempt from this new law and these are commercial vehicles which include tractors, haulage trucks, earth moving equipment and other specialised vehicles used in mining and construction sectors.

SI 89 of 2021 does not only affect second hand motor vehicles but also importation of sugar and cement. Therefore the purpose of the Statute is clearly to promote the market for locally produced products. Any person who needs to import these banned products would need an Import Licence from the Ministry of Industry and Commerce. Hence, one is still able to import the items above if they successfully apply for the Import License.

Should you require any further information on the above please do not hesitate to contact us.

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