• Version
  • Download
  • File Size 145.06 KB
  • File Count
  • Create Date July 26, 2020
  • Last Updated July 26, 2020

CHAPTER 18:24
AGRICULTURALMARKETINGAUTHORITY ACT
Act 26/2004
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
3. Application of Act.
PART II
AGRICULTURALMARKETING AUTHORITY
4. Establishment of Authority.
5. Functions and powers of Authority.
6. Board of Authority.
7. Disqualifications for appointment as member.
8. Terms and conditions of office of members.
9. Vacation of office by appointed members.
10. Suspension of appointed members of Board.
11. Filling of vacancies on Board.
12. Meetings and procedure of Board.
13. Committees of Board.
14. Remuneration and allowances of members of Board and committees.
15. Disclosure of interests by members of Board and committees.
16. Minutes of proceedings of Board and committees.
17. Validity of decisions and acts of Board and committees.
18. Appointment and functions of chief executive of Authority.
19. Execution of contracts and instruments by Authority.
20. Reports of Authority.
21. Minister may give Board directions on matters of policy.
PART III
FINANCIAL PROVISIONS RELATING TO AUTHORITY
22. Funds of Authority.
23. Investment of moneys not immediately required by Authority.
24. Financial year of Authority.
25. Accounts of Authority.
26. Audit of Authority’s accounts.
27. Powers of auditors.
28. Authority to make certain charges to revenue account.
29. Establishment and operation of general reserve.
30. Meeting of deficiencies.
PART IV
AGRICULTURALMARKETING FUND
31 Establishment and object of Fund.
32. Composition of Fund.
33. Administration of Fund.
34. Application of Fund.
35. Financial year of Fund.
36. Books of Account and audit of Fund.
PART V
LEVIES
37. Imposition of levies.
38. Withdrawal, suspension or increase of levies.
39. Consultation and approval required for imposition, withdrawal, suspension or increase of levies.
40. Failure to pay, collect or remit levies.
41. Recovery of unpaid levies
42. Minister’s powers in respect of levies in case of emergency.
PART VI
GENERAL
43. Investigation into affairs of Authority.
44. Information to be furnished to Minister and to Parliament.
45. Minister may require statistics and information.
46. Inspectors.
47. Powers of entry and inspection.
48. Information to be kept confidential.
49. Appeals.
50. Regulations.
51. Repeal of Cap. 18:22 and savings.
SCHEDULE
Powers of Authority.
AN ACT to establish the Agricultural Marketing Authority to regulate, supervise, develop and administer the
marketing of agricultural products; to confer powers on the Authority to supervise any statutory body
charged with the marketing of specific agricultural products; to provide for the constitution and functions
of a board of the Authority; to provide for the establishment of an Agricultural Marketing Fund for the
development of the marketing of agricultural products; to provide for the imposition and collection of
levies on producers, buyers and processors of agricultural products; to provide for the administration and
disbursement of moneys from the Fund; to provide for the fixing of standards of quality and other
matters relating to agricultural products produced in Zimbabwe; to repeal the Agricultural Products
Marketing Act [Chapter 18:22]; and to provide for matters connected with or incidental to the foregoing.
[Date of commencement: 1st June, 2005.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Agricultural Marketing Authority Act [Chapter 18:24].
2 Interpretation
In this Act—
“agricultural industry” means anything connected with the production, manufacture, preparation and marketing
of agricultural products;
“agricultural product” means any animal, plant, product or thing whatsoever which is used or produced in
the course of agriculture or derived from agriculture;
“agriculture”, without limiting the term, includes horticulture, viticulture, forestry and aquaculture and the
use of land for any purpose of husbandry, including—
(a) the keeping or breeding of livestock, game, poultry, animals or bees; and
(b) the grazing of livestock or game; and
(c) the growing of fruit, vegetables or the like;
"Authority" means the Agricultural Marketing Authority established in terms of section four;
"Board" means the Board of the Authority constituted in terms of section six;
“buyer” means a person who, by himself or his or her agents, carries on the business of buying any
agricultural product that is produced in Zimbabwe;
"financial year" means the financial year of the Authority or the Fund, as the case may be, fixed in terms of
section twenty-four or thirty-five, as the case may be;
“Fund” means the Agricultural Marketing Fund established in terms of section thirty-one;
“inspector” means a person appointed as an inspector in terms of section forty-six;
“levy” means a levy imposed in terms of section thirty-seven;
"member" means a member of the Board, including the chairperson;
"Minister" means the Minister responsible for agriculture or any other Minister to whom the President may, from
time to time, assign the administration of this Act;
“processor” means a person who in Zimbabwe produces, manufactures or prepares for sale any product
from an agricultural product of which he or she is not the producer;
“producer” means a person who, by himself or herself or his or her agents, produces an agricultural product
in Zimbabwe;
"regulatory Act" means an Act governing any specific agricultural product.
3 Application of Act
(1) This Act shall apply to every agricultural product to the extent that any such agricultural product is not
similarly governed by any other enactment:
Provided that the Authority may give such directions with regard to the marketing of any agricultural product
governed by any other enactment as it considers fit having regard to subsection (3) of section five.
(2) Notwithstanding subsection (1), this Act shall not apply to agricultural products governed by the Pig Industry
Act [Chapter 18:15] and the Tobacco Marketing and Levy Act [Chapter 18:20].
PART II
AGRICULTURAL MARKETING AUTHORITY
4 Establishment of Authority
There is hereby established an authority, to be known as the Agricultural Marketing Authority, which shall be a
body corporate capable of suing and being sued in its own name and, subject to this Act, of performing all acts that
bodies corporate may by law perform.
5 Functions and powers of Authority
(1) Subject to this Act, any regulatory Act and any other enactment, the functions of the Authority shall be—
(a) to regulate the participation in the production, buying or processing of any agricultural product by
producers, buyers or processors or classes of producers, buyers or processors of any agricultural product
upon such terms and conditions, including, as appropriate, the fixing of quotas, as may be prescribed;
(b) to promote the proper marketing and fair pricing of any agricultural product produced by any producer,
including producers in the communal and resettlement areas, who the Authority considers require its
assistance;
(c) to properly co-ordinate its operations with those of any statutory body charged with the regulation and
marketing of any agricultural product to ensure that the operations of any such statutory body accord with
the purposes of the Authority and at all times to act in the economic interests of all the parties concerned and
in the national interest;
(d) to promote contract farming of strategic crops;
(e) to promote the efficient administration of the marketing of any agricultural product, whether on local or
export markets, at all times keeping abreast of local and international market demands and trends;
(f) to advise the Minister on the formulation of national policies in the regulation of the marketing of any
agricultural product;
(g) to review annually the general economic condition and prospects of the agricultural industry and, in
particular, the marketing of agricultural products;
(h) generally to advise the Minister on all matters connected with prices of any agricultural product, including
long-term prices, marketing guarantees and subsidies, and, in particular, to make recommendations for the
proper co-ordination of such prices and pricing policies among all producers, buyers and statutory bodies
involved in the marketing of agricultural products;
(i) to investigate or cause to be investigated agricultural marketing conditions in general or conditions relating
to any particular agricultural product ruling on any market, whether within or outside Zimbabwe;
(j) where so directed by the Minister with the approval of the Minister responsible for finance, to borrow such
moneys as may be required by any marketing board for its working capital and to lend such moneys to the
authority concerned;
(k) to advise whether the marketing of any other agricultural product should be regulated by a statutory body
under a separate regulatory Act;
(l) to advise the Minister on the imposition or suspension of levies in terms of this Act, to review such levies
and to recommend the manner in which the moneys of the Fund are to be applied; and
(m) to require the furnishing of returns and the supply of information by producers, processors, buyers and
statutory marketing boards from which the Authority shall compile vital statistics relating to agricultural
products for the proper exercise by the Authority of its powers of regulation and supervision;
(n) to carry out such further functions as may be required of the Authority by the Minister.
(2) For the better exercise of its functions, the Authority shall have the power, subject to this Act, to do or cause
to be done, either by itself or through its agents, all or any of the things specified in the Schedule either absolutely or
conditionally and either solely or jointly with others.
(3) In the performance of the Authority's functions, the Board shall have regard to the impact on the agricultural
industry, the national economic and social impact and the financial impact on producers, processors and buyers, of the
exercise of any of its functions.
6 Board of Authority
(1) Subject to this Act, the operations of the Authority shall be directed and controlled by a board consisting of—
(a) a chairperson appointed by the Minister; and
(b) the chief executive, ex officio; and
such chairpersons of boards established under such regulatory Acts as the Minister, after consultation with the
President, may determine, ex officio; and
not fewer than three and not more than five other members appointed by the Minister after consultation with the
President and in accordance with any directions the President may give him or her.
(2) Of the persons appointed in terms of paragraph (d) of subsection (1)—
(a) one shall be a member of the Public Service who is an agricultural economist employed by the Ministry for
which the Minister is responsible; and
(b) the remainder, as well as the chairperson, shall be appointed for their experience in agriculture, business or
administration, and the Minister shall ensure that, so far as is possible, all producers, processors and buyers
are represented.
(3) Members of the board shall elect one of their number to be the deputy

Leave a Reply

Your email address will not be published. Required fields are marked *