GMAZ seeks court intervention

THE Grain Millers Association of Zimbabwe has notified the Attorney General, Advocate Prince Machaya of its intention to file a constitutional application to compel Agriculture and Mechanisation Minister, Dr Joseph Made to issue maize importation permits to mitigate food shortages.
This comes after GMAZ national deputy chairman, Mr Thembinkosi Ndlovu, who is also the chairman of the GMAZ Matabeleland Provinces Chapter, wrote to Dr Made and threatened to drag him to court to compel him to issue the importation licences.
GMAZ says it has asked Dr Made to allow the importation of maize from South Africa and South America but he has remained “intransigent”, hence the need to approach the Constitutional Court.
In a letter dated December 30, 2015; Mr Ndlovu put the AG on a 14-day notice that they “shall be filing a court application in terms of section 85 (1) (e) of the Constitution, on urgent basis, seeking an order of Mandamus to compel the Honourable Minister of Agriculture to issue import permits for the importation of maize from South America and other countries to avert a devastating hunger”.
Mamandus refers to a writ which commands an individual, organisation (for example the Government), administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or a failure to act in the first place.
The notice, which should expire on January 15, comes at a time when the country’s maize reserves are understood to be running low.
As of December 15, 2015; the country had 261 000 metric tonnes of maize for consumption and stock feeds which was enough for eight weeks but the stocks are reported to have gone further down since then.
Zimbabwe, like other southern African region countries, had a poor harvest in the 2014-2015 cropping season owing to erratic rains, leaving the country with a maize deficit of 780 000 metric tonnes.
The country requires 1,8 million metric tonnes of maize per year for consumption (1,3 million metric tonnes) and stock feed (500 000 metric tonnes).
Efforts to get a comment from Minister Made were unsuccessful.
Mr Ndlovu said GMAZ members have so far imported 200 000 metric tonnes of maize from Zambia but they continue to be dogged by logistical bottlenecks.
“Primarily, Zimbabwe has three boarders with Zambia. Two of these borders — Victoria Falls and Kariba — are tourist borders.
“Whilst Victoria Falls can allow very few trucks to pass through, the Kariba border cannot allow such traffic given the delicate composition of the Kariba dam wall.
“Effectively, only one border post — Chirundu — can handle this cargo, albeit, operating at 12-hour shifts per day,” said Mr Ndlovu in his letter to the AG.
GMAZ is also arguing that relying on Zambia alone may be imprudent given that both countries do not have an adequate roadworthy fleet of trucks to move the 780 000 metric tonnes of maize.
It is feared that given the current fleet and general supporting infrastructure, it might take 19 months to move 600 000 metric tonnes of maize into Zimbabwe.
Rail transport was found to be slow and expensive given that the trains would be travelling to Zambia with no cargo.
The milling industry says it has “legitimate expectation” that Dr Made will issue import permits as he did the same in the 2013/14 season when 200 000 metric tonnes of maize were shipped into the country.
*See also Extra Page 2*