Cleaning up the environment: Get involved

A CLEAN-UP campaign is an environmental initiative that inspires and empowers communities to clean up, fix up and conserve their environment. Zimbabwe is faced with a challenge of poor waste management, particularly the urban centres and growth points. The drivers of this environmental challenge include; the rapid urban population increase resulting in higher population density in the existing suburbs and change in consumption patterns, a scenario that has increased packaged commodities and introduced new varieties of packaging material. The situation is exacerbated by use of old inefficient traditional waste management technologies coupled with low stakeholder participation. Clean up programs in Zimbabwe According to the environmental calendar, the month of September is the “Clean up Zimbabwe month”. These clean up campaigns normally run on a general theme “OUR PLACE…OUR PLANET… OUR RESPONSIBILITY”. It therefore follows that clean-up activities will be intensified during this month and everyone should play a part in order to keep our environment in a safe, clean and healthy state. The process of cleaning up is not the sole responsibility of the organising committee, but all responsible stakeholders including members of the public are expected to join in the clean-up exercise.

Since the inception of this program in Zimbabwe in 2009 to date, there has been marked increase in the number of clean up campaigns with each year the number of stakeholders initiating and participating in the clean-up programs ever increasing. Though September is the cleanup month, stakeholders have taken it to be an all year activity and as a launching pad for most community outreach programs. From January 2016 to date, the Environmental Management Agency (EMA) have supported an excess of 1500 stakeholders organised voluntary clean-up programmes country wide that have climaxed in September when several programmes are running concurrently each day. These stakeholders include; community based organisations, faith based organisations, NGOs, churches, schools, the business community, tertiary institutions and the community at large. Some ‘Volunteer Litter Monitors’ have committed the month of September for daily clean-up programmes that are underway throughout the country.

What is the rationale of engaging in these clean-up campaigns?

Clean up exercises, when properly organised and well conducted can fulfil the following objectives:

· To ensure the environment is safe, clean and healthy

· To promote public awareness on the need to clean the environment

· To restore community pride by removing waste and restoring the aesthetic value

· To promote local trade and tourism · To restore wildlife habitats · To engage communities environmental initiatives.

· To eradicate diseases, such as typhoid which thrive in dirty environments.

As such, clean-up campaigns benefit the community economically and socially if wisely used and coupled with other initiatives. Communities participating in clean-up programmes can channel the picked materials into recycling or resource recovery channels and redeem some economic and social value that may be locked within it. Plastic, metals and glass that is a menace in the environment can be delivered to recycling companies in exchange for money. Several community Based organisations and individuals have become tributaries of recycling companies and clean – up programmes help them gather more materials for sale. in long term cholera,

Why should and how can one participate in clean-up programs?

Section 73 of the Constitution of Zimbabwe

• Balance Sheet and detailed Asset Register for previous financial year

• B a n k confirmation if there have been any changes

• Any additional details of your countrywide office network and/or Agentto-Agent Agreements for the ports you do not have offices

• Finger Prints for employees and directors duly vetted (once every 3 years)

• Curriculum vitae and certified academic and professional certificates for new employees who are authorised to lodge entries with ZIMRA (employees should have received formal customs clearance training and have a minimum of one (1) year experience)

• Confirmation letter that the Agent is a member of a recognised professional shipping association for the year 2016. This does not apply to companies with in-house clearing services

• There should be no outstanding Bills of Entry, Removal in Bond (RIB), Removal in Transit (RIT), Forms 45, e-Miscellaneous Assessments (Customs Invoices), Report Orders, Application for Temporary Importation Permits (ATIP) and any other obligations • 2016 Tax Clearance Certificate (ITF 263) • ASYCUDA World profile request forms for all staff on Form 64.

The above information should be submitted together (Amendment 20) as read with section 4 (1) of the Environmental Management Act (Cap 20:27) provides for environmental rights. Among them, every citizen has a right to;

· a environment that harmful to health;

· protect the environment for the benefit of present and future generations and to participate in the implementation of the promulgation of reasonable legislative policy and other measures that prevent pollution and environmental degradation.

One way to exercise the rights is participating in the cleaning of our environments. To aid this, the EMA supports the clean-up activities by providing basic cleaning materials such as brooms, gloves, face masks and the host Local Authority provides transport for the cleaned material.

When organising a clean-up campaign, timeously inform your nearest EMA office as well as Local Authority so that you get the necessary support. As EMA we are inviting all stakeholders and individuals to join in the cleaning up of the surrounding environments at home, school, business and work places. Institutions can participate by providing resources for volunteers who are participating in the clean–up programmes throughout the country. A clean Zimbabwe is possible with our participation and remember to place litter in a bin. clean is not

with the application for renewal. Obligations of Clearing Agents A Clearing Agent shall— • Not permit its licence, the name under which it is licenced or its Business Partner Number to be used by any person other than a director, manager, partner or authorised employee of the Clearing Agent;

• Not permit its security bonds to be used as security for the fulfillment of any obligation of any other Clearing Agent under the Customs and Excise Act;

• Keep proper records such as books of accounts, bills of entry, bills of lading, consignment notes and invoices;

• Undertake to institute administrative measures to ensure that—

all bills of entry are submitted together with correct payment; and

members of its staff conduct their business in accordance with Customs laws and procedures; and

a relationship of good faith is maintained by its staff at all times in dealing with ZIMRA; and

particulars on all bills of entry are correct in every respect.

All applications should be directed to Head Compliance & Risk at the following address: Zimbabwe Revenue Authority Head Compliance & Risk – Customs & Excise 8th Floor, Kurima House 89 Nelson Mandela Avenue P O Box 4360 HARARE, ZIMBABWE Tel: Direct line 04 700969/04 795721-40 THIS is the third of a three part series that explores why there are delays in concluding Labour Cases at the Labour Court, more specifically it looks at provisions of section 93(5) and related challenges and brings up legal arguments around these conflicting provisions of the Labour Act.

Given all these arguments, it would seem that if properly argued the latter provisions of section 93(5) should be expunged and parties revert to the original provision of section 93(5) which allows for separation of roles between arbitrators and conciliators. This is so as I believe there is no way of reconciling the two provisions of section 93(5). Due to the impossibility of reconciling the two provisions of the statute, one has to be expunged and it is the unreasonable provision that has to be expunged.

With all the given legal arguments, some have argued that indeed the latter Amendment should not stand and there has been arguments that the Labour Court should address the issue on its own accord. Others have argued that the Labour Court has to wait until the matter is raised by litigants. The legal position in my opinion is that the Labour Court, a court of law has a duty to read the principles of interpretation of statutes into their handling of matters brought before it so as to bring the confusion to an end. I do not think this interpretation of statutes requires reference of matters to the Supreme Court or Constitutional Court. This is a simple matter requiring basic interpretation of statute skills. I stand to be corrected as I am no legal practitioner and I am not an expert on Zimbabwean Law.

The latter provisions of the Labour Act section 93(5) in my opinion have an unintended consequence of reducing the offices of Judges of the Labour Court to those of “Senior Labour Officers” where they now toil with deciding on orders brought by Labour Officers and Designated Agents. While this might sound insulting to Judges, it is a fact that no Labour Officer or Designated Agent can conclude a labour dispute as all labour disputes where parties do not agree now have to be decided by the Judges of the Labour Court. The arbitration process provided for in the Labour Act is now dormant due to the fact that the original section 93(5) has been abandoned in favour of the latter one. In my opinion, following the earlier provisions of section 93(5) of the Labour Act not only brings about sanity to labour dispute resolution but also brings back the dignity of the Labour Court and also allows the Labour Court to focus on its core business of dealing with appeals and applications for reviews rather than confirming Labour Officers and designated agents’ orders. I do not think the present position reflects on the intentions of the legislature.

Some Labour Consultants have argued that shortly we will have a “Lord Denning or a Justice McNally” who will end the ambiguities created by the two provisions of section 93(5) of the Labour Act by abandoning the orthodox literal rule in interpreting statutes and walk with the modern purposive approach to interpretation of statutes where courts are more willing to try and determine the true intention of Parliament and, the task of Judges is now viewed as giving legislative purpose to the statute in question, moreso given the fact that latter legislative provision should not diminish rights to fairness already enjoyed by citizens.

In conclusion, until issues related to the challenges created by the latter 93(5) of the Labour Act are dealt with, many cases will remain parked at the Labour Court, Labour Court Judges will be overwhelmed with work, Labour Officers and Designated Agents will be frustrated by the process, lawyers will be frustrated by never ending cases, individuals will lose faith in the labour dispute resolution mechanism, employers will use unorthodox dismissal methods to avoid open ended liability risks related to cases parked at the Labour Court and Judges will battle with crafting mechanisms to try and “sanitise” the process. Sadly, we do not know how we will get there and we can only hope a judgment could help, or the Labour Court using powers vested in it will come up with workable regulations or the Labour Act will be further amended to create clarity and fairness. Davies Ndumiso Sibanda can be contacted on: email: stratwaysmail@yahoo.com

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