IT is hereby notified that the Minister of Lands, Agriculture,
Fisheries, Water and Rural Development has, in terms of section 39
of the Grain Marketing Act [Chapter 18:14], made the following
regulations:—
1. These regulations may be cited as the Grain Marketing
(Control of Sale of Maize) (Amendment) Regulations, 2023 (No. 1).
- The Grain Marketing (Control of Sale of Maize) Regulations,
2019, published in Statutory Instrument 145 of 2019 (hereinafter
called “the principal regulations”), are amended in section 3
(“Interpretation”)—
(a) by the repeal of the definition of “authorised agency”
and “contractor” and the substitution of—
““contractor” means person—
(a) the Government (through any of its
agencies, arms or organs), in the case of a
scheme contract with a producer to grow
maize; or
(b) an individual, statutory body, company,
entity or other person who, being
registered for such purpose under the
Agricultural Marketing Authority Act,
contracts with one or more producers in
a defined agricultural season;
“authorised agency” means
(a) any Government parastatal or entity
acting on behalf of the government that
is involved in the collection, storing,
distribution or marketing of agricultural
produce; or
(b) the Zimbabwe Mercantile Exchange;
and “authorised person” shall be construed
accordingly;”;
(b) by the insertion of the following definitions—
““self-financed farmer” means a registered producer
who finances his or her own production using
his or her own funds, and is not a party to a
scheme contract or a contract with a contractor
to grow maize;
“own funds” means money which is lawfully held
inside or outside Zimbabwe by a Zimbabwean
resident and which was acquired by him or her
asthe proceeds of any employment, investment,
trade, business or other gainful occupation or
activity carried on by him or her in or outside
Zimbabwe, or which lawfully accrues to him
or her by the operation of law;
“processor” means a miller or other processor of
maize who is registered or required to be
registered with the Agricultural Marketing
Authority;
“Zimbabwe Mercantile Exchange” means the
Zimbabwe Mercantile Exchange established in
terms of the Agricultural Marketing Authority
(Zimbabwe Mercantile Exchange) Rules, 2021
(Statutory Instrument 184 of 2021).”.
3. Sections 5 and 6 of the principal regulations are repealed
and substituted by—
“Sale or delivery of maize
5.(1)Subjecttosubsections(2)and(3),noindividual,statutory
body, company, entity or other person (the “maize producer or
seller”), shall sell or otherwise dispose of any maize except to—
(a) the registered contractor with whom the maize
producer or seller has contracted to grow or sell the
maize;
(b) the Grain Marketing Board.
(2) The individual, statutory body, company, entity or
other person (the “maize producer or seller”), shall not sell or
otherwise dispose of any maize under subsection (1) unless—
(a) he, she or it is the producer of the maize; or
(b) the registered contractor with whom maize producer
has contracted to grow or sell the maize;
(c) the agent of a producer or contractor authorised to
sell the maize on his, her or its behalf.
(3) A registered self-financed farmer who is a maize
producer or seller (whether registered as an individual, statutory
body, company, entity or other person) may sell or otherwise
dispose of any maize—
(a) through a certified warehouse registered with the
Zimbabwe Mercantile Exchange; or
(b) to the Grain Marketing Board; or
(c) a processor,subject to such conditionsincumbent on
the processor as may be specified from time to time
(such as the maximum quantity of maize for milling
that may be received within a specified season or
period from a registered self-financed farmer); or
(d) a registered contractor underthe conditionsspecified
in section 6(4)).
(4) Any maize which is required to be sold to the Grain
Marketing Board under subsection (1) shall be delivered to the
Grain Marketing Board at such time, place, and quantities as the
Board may direct and under such terms and conditions as the
Grain Marketing Board may provide.
(5) Any maize which is sold to the Grain Marketing
Board by a self-financed farmer under subsection (3)(b) [or by
a contractor referred to in section 6(4) shall be delivered to the
Grain Marketing Board under such terms and conditions as the
Grain Marketing Board may provide.
(6) No person who is not a producer of maize, or a
contractor or the agent of a producer or contractor authorised
to sell the maize on his, her or its behalf or a self-financed
farmer shall sell maize to the Grain Marketing Board, except on
conditions approved by the Minister and on terms that not more
or less favourable than those under which it buys maize from
producers, contractors, self-financed farmers (or their authorised
agents) at the date of the sale:
Provided that the Grain Marketing Board is not bound to
accept any maize delivered by a person other than a producer, a
self-financed farmer or a contractor.
Acquisition and disposal of maize
6. (1) Subject to subsections (2) and (3), no individual,
statutory body, company, entity or other person (the “maize buyer
or acquirer”), shall buy or otherwise acquire any maize from any
farmer or producer except—
(a) directly from farmer or producer with whom the
maize buyer or acquirer has contracted to grow or
sell the maize; or
(b) indirectly through the Grain Marketing Board.
(2) The maize buyer or acquirer shall not shall buy or
otherwise acquire any maize under subsection (1) unless he, she
or it—
(a) is the registered contractor of the maize in question;
or
(b) not being the registered contractor of the maize in
question, buys maize from a self-financed farmer
under the conditions specified in subsection (4); or
(c) is the agent of a maize buyer or acquirer authorised
to buy or sell the maize on his, her or its behalf.
(3) A registered self-financed farmer may buy or acquire
maize—
(a) through a certified warehouse registered with the
Zimbabwe Mercantile Exchange; or
(b) from the Grain Marketing Board; or
(c) from a maize producer with whom the self-financed
farmer has contracted to produce the maize in
question,havingbeforehandregisteredas a contractor
for the purpose.
(4) If a registered contractor buys maize from a registered
self-financed farmer, the contractor shall—
(a) strictly segregate such maize or account for it
separately from that bought from maize producers
or sellers who have contracted with the contractor
to grow or sell the maize; and
(b) receipt each such purchase concerned in writing
showing the identity of the registered self-financed
farmer concerned, and the amount and price of the
maize bought.
(5) A person who acquires any maize for use as seed shall
not use or dispose of that maize for any other purpose unless with
the written permission of the Grain Marketing Board.
(6)Aproducer of maize or farmer is permitted to transport
not more than five bags of maize of a capacity not exceeding
50 kilogrammes per bag from one area of the country to the
other without any authorised person or police officer having to
confiscate the maize.
(7) A producer of maize is permitted to transport maize
in excess of that specified under subsection (3) in the following
cases—
(a) where such maize is being transported to be sold to
the Grain Marketing Board;
(b) where an authorised person has permitted suchmaize
to be transported for any other specified purpose,
which authority must be evidenced in writing to any
police officer on demand.
(8) With effect from the date of commencement of these
regulations, no person other than the Grain Marketing Board shall
export from Zimbabwe maize of any quantity or any description
until such a date that shall be specified by the Minister.
4. Section 7 (“Provisionsrelating to contractedmaize”) ofthe
principal regulations is amended by the insertion of the following
subsection after subsection (2)—
“(3) Forthe purpose of ensuring the swift and unhindered
delivery of maize produced by contractfarmers or producers, or
byself-financedfarmers,orbythecontractor,orbythetransporter
as agent of any of the foregoing the Grain Marketing Board
may, on submission of a written application together with an
administration fee ten United States dollars(orthe equivalent in
Zimbabwe dollars at the prevailing interbank rate) per vehicle
usedinthemovementofthemaize, andonproofthatthe applicant
or his or her principal has the appropriate registrations under
the Act, these regulations or the Agricultural Marketing Act,
issue the appropriate movement permit (in material or virtual
form) to the applicant, specifying the period of validity of the
permit, the route or routes to be taken, the quantity of maize
being moved and its destination or destinations.”.”.