The Manica Post

Doctors, council clash over licence fees

- Samuel Kadungure

PRIVATE health institutio­ns in Rusape were this week up in arms with the local authority, querying why its punitive permit fees were pegged without consulting them.

They accused Rusape Town Council of charging them intolerabl­e and unjustifie­d operating licence fees, especially at the beginning of the year when their cashflows are low.

The medical personnel argued that such moves are detrimenta­l to efforts to achieve universal health coverage.

The Manica Post understand­s that private ultra-sonographe­rs, surgeries, laboratori­es and physiother­apists, among others, are being asked to pay annual licence fees ranging between US$1 000 to US$2 000, depending on their location.

The Rusape Town Council has even conducted a blitz to close shops of operators who are yet to pay their 2024 licence tariffs, including medical personnel.

Through their lawyer, Mr Tendai Bvuma of Bvuma and Associates, the doctors on Wednesday wrote to Rusape town secretary, Mr Solomon Gabaza, arguing that the local authority should not disturb them as long as they pay their monthly rates.

“The medical practition­ers are aggrieved that you settled their yearly trading licences without consulting them, and this resulted in you charging very exorbitant licence fees in this business environmen­t.

“As their legal practition­ers, we noted and determined that these practition­ers are not supposed to be paying any licence fees to your good office at all because there is no known law that enjoins you to charge these licences as you had been doing over the many past years,” wrote Mr Bvuma.

“Your licensing is enabled by the Shop Licences Act (Chapter 14:17), which is very clear that it controls certain trades and businesses carried out in shops...

“Goods are defined as wares, merchandis­e, produce and generally, corporeal moveable things of any descriptio­n. These are things that you can touch with your hands. Services cannot be touched. They are intangible.

“It is very clear from the Act that service providers cannot pay licences to council in order for them to operate in any local area. In its entire length and breadth, the Act does not have the slightest hint that service providers can be licenced by your good offices,” reads the letter, adding that council should cease demanding such fees from the doctors going forward.

Mr Gabaza was not available to comment as his mobile number went unanswered.

However, Rusape Town Council chairman, Councillor Lovemore Chifomboti said a proper response to Mr Bvuma’s letter will come from their lawyers – Absolom Law Chambers.

“We still insist that we are correct in charging them, alongside other service providers operating within Rusape Town Council’s jurisdicti­on. They are supposed to pay licences so that we can develop the town.

“Every individual or corporate citizen is supposed to contribute towards that developmen­t of the town, just like they do at national level through taxes.

“Since the letter came from a lawyer, we will refer it to our own lawyers for proper interpreta­tion of the law. As council, we will act on the advice of our lawyers who are experts in that area,” said Councillor Chifomboti.

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