A PHILANTHROPIST and a farmer have hauled Lands, Agriculture, Water, Climate and Rural Resettlement Minister Hon. Perrance Shiri and the Grain Marketing Board (GMB) to court challenging the restrictive measures banning the sale of maize grain in the country and giving the state-run Grain Marketing Board (GMB) a monopoly over trade in the commodity.
In an application filed in the High Court recently, Hon. Allan Markham, a philanthropist and Clever Rambanapasi, a farmer, argued that Statutory Instrument 145 of 2019 Grain Marketing (Control of Sale of Maize) Regulations, 2019, which was recently gazetted by government had made GMB the sole trader of maize in the country and made it illegal for people to trade in maize among themselves and banned the transportation of more than five bags of maize grain except in situations where one is delivering to the state-run body.
The regulations also empowered Zimbabwe Republic Police officers to seize maize grain suspected of being moved without authority and compliance with the law.
But through their lawyer Tendai Biti of Zimbabwe Lawyers for Human Rights, Hon. Markham, who is a philanthropist who buys and sells maize in communities to support many charities and Rambanapasi, a farmer based in Murewa in Mashonaland East province, protested that through the regulations, Hon. Shiri had set up a monopoly and a dangerous one which bars anyone who trades in grain whether he or she is a buyer or seller to only do so through the GMB and at a fixed price.
Hon. Markham and Rambanapasi charged that the consequences and effect of the restrictive regulations and of declaring a product a controlled one is drastic as it affects the contractual right of farmers and traders of buying grain from any party or individual and has a serious effect on livelihoods especially in rural communities where communal farmers produce subsistence maize.
Rambanapasi, who runs a small piggery project in Murewa, argued that maize is an essential ingredient in pig production and he buys the grain from rural communities in various villages to feed his pigs while Hon. Markham, who as a philanthropist supports some charities in the country, said he buys maize from communal farmers, which he uses to feed vulnerable communities in high density suburbs.
The duo said the regulations had affected people who engage in barter trade in communities and had also affected the freedom to contract and freedom to trade as professional millers, retailers and other organisations and individuals, who previously had the right to buy maize everywhere could no longer do so except from GMB.
Hon. Markham, who is also the legislator for Harare North constituency and is an entrepreneur with extensive interest in the agriculture sector and Rambanapasi said the restrictive regulations has an effect on due process rights protected under Section 56 of the Constitution of Zimbabwe of which both procedural and substantive due process requires that one has notice, and one has choices and opportunities, which have been taken away by Statutory Instrument 145 of 2019 Grain Marketing (Control of Sale of Maize) Regulations, 2019.
The regulations on grain, Hon. Markham and Rambanapasi said, has the effect of depriving one of his property and appropriating the same to the GMB at a price that is already fixed and does not make economic sense.
Hon. Markham and Rambanapasi want Statutory Instrument 145 of 2019 Grain Marketing (Control of Sale of Maize) Regulations, 2019 to be declared as ultra vires the Constitution in particular Section 56, 58, 64 and 71 of the Constitution.
The philanthropist and farmer also want Part V and Part VI of the Grain Marketing Board Act particularly Section 29, 33,34,35 to be declared ultra vires Section 56, 58, 64 and 71 of the Constitution.
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