Confusion over secondhand motor vehicles deadline

Legal battles are likely over the deadline for the import of vehicles more than five years old with the Ministry of Transport, Communication and Infrastructural Development insisting that the cut-off date is midnight on June 30 while a statutory instrument makes it clear that the deadline was extended to October 31, four months later.
While the Secretary for Transport, Communication and Infrastructural Development, Mr Patson Mbiriri, remains adamant that the Government regards June 30 as the deadline, the actual amending regulations he relies on give October 31 as the new deadline.
The amendment also moves the deadline for final registration of left-hand drive vehicles to October 31 while Mr Mbiriri says imports cease on June 30.
Statutory Instrument 44, Road Traffic (Construction, Equipment and Use) (Amendment) Regulations, 2011 (No 1) gazetted on April 1 states in its section 7 that the deadline in Statutory Instrument 154 of 2010 gazetted in September last year was moved from March 31 to October 31.
But Mr Mbiriri, who last night was asked to clarify the confusion between his previous statements and the amended regulations, still insisted that the Government position remains that June 30 is the last date for imports with the October deadline being only for registration.
He said the amendment moved cut-off dates to October 31 to give time to all who import vehicles before June 30 to register their cars.
"In my view there is nothing confusing about the regulations. Come June 30 importations of vehicles (five years old or more) would be banned. But remember there would be vehicles imported into the country legally and need to be registered hence the extension to October 31," said Mr Mbiriri. Some cars would be held by Zimra and still need registration. So we are giving car dealers and individuals ample time to ensure that they register their vehicles by that date. If there is anything wrong with the regulations, we have our drafters and we will go back to them for clarity."
However legal experts say the interpretation of the law is very clear for an ordinary person that the time frame for importation and registration has been extended to October 31.
Section 65 of SI 154, says: "No person shall import any motor vehicle for registration and use on any road in Zimbabwe if the year of manufacture from the country of origin is more than five years."
But it then gives the proviso: "Provided that this shall not apply to any motor vehicle registered in Zimbabwe before the 31st March, 2011."
However, this proviso was amended by Section 7 of the new S144 gazetted on April 1: "(7) Section 65 ("Type approval of motor vehicle") is amended in the proviso thereto by the deletion of "31st March 2011", and the substitution of "31st October 2011".
According to lawyers, the literal interpretation of the law is that the deadline was extended to October 31 and not June 30 as asserted by Mr Mbiriri.
"The time frame originally set in the SI 154 has been extended from 31 March 2011 to 31 October 2011 by virtue of Section 7 of the SI44 of 2011," said Harare lawyer Mr George Mhlanga.
"In this case what has been extended is the time frame for the importation and registration vehicles to which Section 65 apply."
Mr Mhlanga said the change of dates did not apply to registration only but also to actual import of vehicles.
He said there was nothing in the regulations to show that the extension only applies to registration of imported vehicles with a different deadline for imports