‘Zimbabwe is open for business’: a legal perspective on the post-2017 use of Statutory Instruments

ABSTRACT

Post-2017 Zimbabwean laws have remained hostile to business, contradicting Emmerson Mnangagwa’s promise to citizens and the international business community to make Zimbabwe flourish economically. Seven million Zimbabweans were on the brink of starvation in 2018 forcing Mnangagwa to use Statutory Instruments (SIs) to promote business, create employment, and defeat poverty. Yet, many Zimbabweans remain prevented from meaningfully contributing to reviving the economy. This article considers if the Mnangagwa administration’s political priorities and economic choices have undermined the very legal framework of the SIs intended to promote business confidence amongst citizens. The aspiration to better the lives of citizens by implementing regional trade liberalisation policies is based on theories of flexible integration and derogation. This article interrogates the legal frameworks of selected Statutory Instruments (SIs) and evaluates their impact on Zimbabwean livelihoods. It argues that Mnangagwa’s administration has implemented SIs arbitrarily, making it difficult for citizens to contribute positively to the creation of wealth for all. This is important because it shows the dangers of subordinating economic policies under the political imperative to remain in power. Reform of the legal provisions of SIs is needed to balance the political and economic aspirations of citizens.

KEYWORDS:

• Mnangagwa
• Zimbabwe
• statutory instruments
• derogation
• legal reform
• citizens

Cases

Campbell v Republic of Zimbabwe SADC T 11/2008

Statutory Instruments

Statutory Instrument 142 of 2019. CAP.22:15) Reserve Bank of Zimbabwe (legal Tender) Regulations, 2019. Supplement to the Zimbabwean Government Gazette Extraordinary dated the 22^nd September 2017. Government Printers, Harare [2019]:863–874

Statutory Instrument 62 of 2020. Land Commission (Gazetted Land)(Disposal in Lieu of Compensation) Regulations. Supplement to the Zimbabwean 6 March 2020, Printed by the Government of Zimbabwe, Harare.

Statutory Instrument 50 of 2021 Communal Land (Setting Aside of Land Chiredzi) Notice, [CAP:2004] Supplement to the Zimbabwe Government Gazette, Dated the 20^th February, Veritas, Harare, [2021]:319.

Statutory Instrument 98 of 2022. Customs and Excise (Suspension) (Amendment) Regulations, 2022, No.260. Veritas.

Statutory Instrument 103 of 2022–103 A Securities (Registration, Licensing and Corporate Governance) Rules 2022, No 4, Harare, Veritas.

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1. Protocol on Trade, Article 2 (5).

2. Ibid, Article 3 (b).

3. Ibid, Article 3 (d).

4. Ibid, Article 3 (e).

5. Ibid, Article 3 (c).

6. Protocol on Trade, Article, 9.

Additional information

Funding

This work was not supported by any funding organisation.

Notes on contributors

Beauty Vambe

Beauty Vambe is Senior Lecturer in the Department of Mercantile Law at the University of South Africa (UNISA). Dr Beauty Vambe’s academic interests converge around international trade and regional economic integration, dispute resolution, electoral law, and cyber law. She has published a book on Termination and International Sales Law (2016). Currently, Dr Beauty Vambe is guest-editing an issue on strategies to advance the Africa Continental Free Trade Area (May 2023). Dr Beauty Vambe published a book chapter, “Mozambique’s strategic role in SADC regional economic integration” in Mozambique is Burning: Islamic Insurgency in Cabo Delgado (2022).