Clean­ing up the en­vi­ron­ment: Get in­volved

Chronicle (Zimbabwe) - - Business - Davies Ndu­miso Sibanda Labour col­umn

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

Or cell No: 0772 375 235

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