AMA hits back at millers over oil prices #zimbabwe

Agricultural Marketing Authority (AMA) yesterday said the
constitutional application filed by the Grain Millers'
Association of Zimbabwe last week seeking to nullify the
Government gazetted maize prices is an abuse of court
process. The Government, through the Agricultural
Marketing Authority (Minimum Grain Producer Prices)
Regulations 2014, also known as SI 122 of 2014 set US$390
per tonne and the price applied not only to grain purchases
made by the GMB, but to all grain purchases made by any
buyer including all the GMAZ's members.
GMAZ, along with the Grain and Oil Seed Traders'
Association, last week took Government to the
Constitutional Court seeking to invalidate the Government
decision arguing that it is unconstitutional.
AMA, Agriculture, Mechanisation and Irrigation
Development Minister Joseph Made and the Attorney-
General are listed as respondents.
AMA lawyer Mr Rodgers Matsikidze of Matsikidze and
Mucheche, wrote yesterday to GMAZ demanding the
association to withdraw its application, describing it as ill-
fated.
"Our client is surprised by the contents of your letter and
also your constitutional application, which they believe is
clearly an abuse of the court process," said Mr Matsikidze
in the letter dated August 18, 2014.
Mr Matsikidze said the law was clear that where a statutory
instrument is silent on the effective date of operation, the
date it is gazetted or promulgated becomes the effective
date.
He said in essence, if the GMAZ and GOSTA clients from the
effective date fail to comply with the statutory instrument,
they would not be spared of the consequences of defying the
law.
"Issues of marketing of grain by their very nature were state
security issues and the local farmers should be protected,"
said Mr Matsikidze.
"It's sad that your clients wish to dictate what farmers
should get and what they (your clients) should get. Is that
fair play?"
In its application GMAZ argued that the Government's
decision was unconstitutional.
In April this year Government announced that Cabinet had
approved a maize producer price of US$390 per tonne for
the 2014-15 marketing season.
GMAZ argued that the price approved by Cabinet only
applied to the GMB. The millers were not affected by the
directive and continued to buy maize and other grains from
various producers at negotiated prices.
This, GMAZ argued, Minister Made's action was
constitutionally unpalatable and irregular.
The association further argued that it had a right to enjoy
the protection and benefit of the law and that the
organisation and its members had freedom of association in
terms of the Constitution.