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MINISTRY OF TOURISM AND HOSPITALITY
INDUSTRY
STAKEHOLDER CONSULTATION REPORT
ON ALIGNMENT OF THE TOURISM ACT [CHAPTER 14:20]
WITH THE CONSTITUTION
(Northern Region)
Forest Hills Resort, Vumba
28-29 October 2015
Prepared By:
INTER-MINISTERIAL TECHNICAL COMMITTEE
__________________________________________________________________________________
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List of Acronyms
CALR Centre for Applied Legal Research
CRPD United Nations Convention on the Rights of Persons with Disabilities
IMT Inter-Ministerial Task force
MoJLPA Ministry of Justice, Legal and Parliamentary Affairs
MoTHI Ministry of Tourism and Hospitality Industry
MoWAGCD Ministry of Women Affairs, Gender and Community Development
MoT Ministry of Transport
UNWTO United Nations World Tourism Organization
ZCT Zimbabwe Council for Tourism
ZTA Zimbabwe Tourism Authority
ZNPW Zimbabwe National Parks and Wildlife
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TABLE OF CONTENTS
1. INTRODUCTION......................................................................................................... 5
1.1 Objectives of the Stakeholder Consultation Workshop .............................................. 6
1.2 Program of the Workshop ........................................................................................... 6
2. DAY 1 PROCEEDINGS .................................................................................................. 9
2.1 Session 1: Introductions........................................................................................... 9
2.2 Session 2: Welcome Remarks - Ms. Nhekairo ........................................................ 9
2.3 Session 3: Overview of the Legislative Alignment Process- Ms. Zvakasikwa ..... 10
2.4 Session 4: Presentations and Plenary Discussion ................................................... 10
2.4.1 The National Tourism Policy: Issues for Alignment to the Tourism Act – Mr.
Munyika
…………………………………………………………………………………..1
0
2.4.2 Presentation on Policy and Cabinet Resolutions to be incorporated in the
Review Process -Mr. Mavhembu ..................................................................................... 11
2.4.3 Alignment of the Tourism Act [Chapter 14:20] – Mr. Kaseke ............................. 13
2.4.4 What the Tourism Industry Expects from the Amended Tourism Act –
Zimbabwe Council for Tourism Representative .............................................................. 14
2.4.5 Outcomes of the Gender Based Alignment Workshop of the Tourism Act- Mrs.
Chinyerere ........................................................................................................................ 16
2.4.6 Presentation of Discussion Paper on Alignment of the Tourism Act [Chapter
14:20] of 1996 – Mr. Mawere .......................................................................................... 17
2.5 Session 5: Thematic Group Sessions - Introductory Remarks and Instructions –
Mr. Mawere ..................................................................................................................... 19
2.6 Session 6: Recap of Day 1 and Closing Remarks - Mr. Mavhembu ..................... 20
3. DAY 2 PROCEEDINGS ................................................................................................ 20
3.1 Session 1: Recap of Day 1 – Mr. Mavhembu ........................................................ 20
3.2 Session 2: Presentations and Plenary Discussion .................................................. 20
3.2.1 Tourism Act: Benchmarking with other Countries - Dr Marunda ..................... 20
3.2.2 Tourism Act Benchmarking with other Countries – Mr. Zengeni ..................... 22
3.3 Session 3: Thematic Group Sessions - Report back and Plenary Discussion for
Day 1 – All. ...................................................................................................................... 24
3.4 Session 4: Thematic Group Sessions - Introductory Remarks and Instructions for
Day 2 - All ........................................................................................................................ 32
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3.5 Session 5: Thematic Group Sessions - Report back and Plenary Discussion for Day
2 – All ............................................................................................................................... 32
3.6 Session 6: Consolidation of Stakeholder Contributions and Way Forward- Mr.
Mavhembu ........................................................................................................................ 37
3.7 Session 7: Closing remarks and Vote of Thanks - Ms. Nhekairo ............................. 37
LIST OF ANNEXURES ........................................................................................................ 39
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1. INTRODUCTION
Zimbabwe adopted a new Constitution namely the Constitution of Zimbabwe (Amendment
number 20) Act of 2013. In line with this development the Government of Zimbabwe has
initiated a Constitutional Alignment Process aimed at aligning all legislation with the new
Constitution. An Inter-Ministerial Task force on the Alignment of Legislation to the
Constitution (IMT) was established by the Ministry of Justice, Legal and Parliamentary
Affairs (MoJLPA) as an institutional platform to facilitate the implementation of the
Constitution of Zimbabwe (Amendment number 20) Act of 2013 and ensure that all
legislation is consistent with the Constitution. The overall objective of the IMT led project
entitled ‘Implementation of the Constitution in Zimbabwe: Supporting the Constitutional
Legislative Alignment Process’ is therefore to support the Constitutional Legislative
Alignment Process in Zimbabwe.
The Ministry of Tourism and Hospitality Industry (MoTHI) submitted formal requests for
support in aligning the Tourism Act [Chapter 14:20] with the Constitution. The project
provided technical research support in the review of the Tourism Act [Chapter 14:20] for
purposes of identifying legislative gaps that are inconsistent with the Constitution and
International Conventions and Treaties relating to tourism that the Government of Zimbabwe
is party to. The research findings were outlined in a Discussion Paper, which was submitted
to the Technical Committee and the MoTHI.1 Following the development of the Discussion
Paper, the project also supported the holding of a Northern Region stakeholder consultation
workshop for the MoTHI for the purposes of soliciting stakeholder views/input on the review
of the Act. This stakeholder consultation workshop was held over a two day period at the
Forest Hills Resort in Vumba from the 28th to the 29th of October 2015.
Stakeholders that participated in the consultations included the IMT, MoJLPA (Constitutional
and Parliamentary Affairs Division; and Law Development Commission), MoTHI,
MoWAGCD(Ministry of Women Affairs, Gender and Community Development), Ministry
of Transport (MoT), Zimbabwe Council for Tourism (ZCT), Zimbabwe Tourism Authority
(ZTA), Immigration Control, Zimbabwe National Parks and Wildlife (ZNPW),Women in
1 Annexure 1, Discussion Paper on the Alignment of the Tourism Act [Chapter 14:20].
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Tourism, Youth in Tourism, Parliament of Zimbabwe, Office of the President and Cabinet,
Disability Board (Federation of Disabled), Women’s University in Africa, Chinhoyi
University of Technology, University of Zimbabwe, Office of the President and Cabinet,
Manica Post, Zimbabwe Broadcasting Corporation, News Day Newspaper, ZiFM Stereo and
the Centre for Applied Legal Research (CALR).
1.1 Objectives of the Stakeholder Consultation Workshop
The Stakeholder Consultation workshop had the following objectives:
a. To enhance engagement between the State, CSOs and other stakeholders on the
alignment of the Tourism Act with the Constitution;
b. To obtain stakeholder views/input on the identification of gaps in the Tourism Act
requiring alignment with the Constitution;
c. To receive stakeholder’s views on proposed changes needed to align the Tourism Act
with the Constitution.
The expected outputs included:
a. The identification of areas requiring alignment in the Tourism Act;
b. The identification of proposed changes required to align the Tourism Act with the
Constitution in a manner that responds to the contextual needs of the Zimbabwean
society and tourism sector.
1.2 Program of the Workshop
The workshop was held over a two day period. The details of the workshop programme are
outlined below:
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DAY 1
DAY 2 0800-0815HRS WELCOME TEA
0815-0825hrs Recap of the previous day’s workshop Mr T Munyika
0825-0850hrs Tourism Act Benchmarking with other Countries Midlands State University
0850-0910hrs Tourism Act Benchmarking with other Countries University of Zimbabwe
0910-1015hrs Thematic group discussion Mr T Munyika / Mr. Mawere
1015-1030HRS TEA BREAK
1030-1300hrs Thematic group discussion Mr T Munyika
1300-1400HRS LUNCH BREAK
1400-1530hrs Group feedback and way forward Rapporteurs
1530-1600hrs Consolidation of Stakeholder Contributions and Way
Forward
Mr D.E.S Mavhembu- A/Director
International Department (MOTHI)
1600-1615hrs Closing Remarks and Vote of Thanks Secretary for Tourism and Hospitality
Industry
TIME ITEM PRESENTER
0830-0900hrs Registration Inter-Ministerial Taskforce Technical Committee
0900-0915hrs Welcome Remarks Deputy Minister for Tourism and Hospitality Industry
Honourable Anastancia Ndhlovu
0915-0930hrs Overview of the Legislative Alignment Process Ministry of Justice, Legal and Parliamentary Affairs
0930-
1000HRS
TEA BREAK
1000-1030hrs Presentation of the National Tourism Policy Mr. T. Munyika
1030-1040hs Question and Answer Session Mrs. G. Chinyerere
1040-1100hrs Presentation on Policy and Cabinet Resolutions to
be incorporated in the Review Process
Ms F.R Nhekairo - Secretary for Tourism and Hospitality
Industry
1100-1110hrs Question and Answer Session Mrs. G. Chinyerere
1110-1130hrs Presentation on the Tourism Act 14:20 of 1996 Mr K Kaseke- The Chief Executive Zimbabwe Tourism
Authority
1130-1140hrs Question and Answer Session Mrs G. Chinyerere
1140-1200hrs Private Sector perspective on the Tourism Act Zimbabwe Council for Tourism
1200-1210hrs Question and Answer Session Mrs. G. Chinyerere
1210-1230hrs Presentation on the outcomes of the Gender based
alignment workshop of the Tourism Act
Mrs G. Chinyerere
1230-1240hrs Question and Answer Session Mr. T. Munyika
1240-1310hrs Presentation of discussion paper on alignment of
the tourism act Chapter 14:20 of 1996
Centre for Applied Legal Research (Mr Mawere)
1310-1400hrs LUNCH BREAK
1400-1545hrs Thematic group discussions, report back and
plenary discussions
Mrs G. Chinyerere/Mr. Mawere
1545-1600hrs Recap of the business of the day and closing
remarks
Mr. Mavhembu/ Mrs G. Chinyerere
1600-1630hrs TEA BREAK
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2. DAY 1 PROCEEDINGS
2.1 Session 1: Introductions
Mrs. Chinyerere, Director of Ceremony of Day 1, welcomed the delegates to the consultative
workshop. Thereafter an opening prayer was given and delegates were given an opportunity
to introduce themselves. The Director of Ceremony then introduced and called upon the Mr.
Mavhembu, Acting Director of International Tourism- MoTHI and Programme Director for
Day 1 of the workshop, to take over.
Mr. Mavhembu observed protocol and introduced honorary delegates on the high table
including Honourable Mufunga - Member of Parliament; Honourable Mudyiwa - Member of
Parliament of Mudzi West Constituency; Mr. K kaseke- Chief Executive of the Zimbabwe
Tourism Authority; Ms. F Nhekairo - Permanent Secretary of the Tourism and Hospitality
Sector; Ms. Zvakasikwa - Acting Director of Constitutional and Parliamentary Affairs
Department of the Ministry of Justice, Legal and Parliamentary Affairs; Mr. Chishakwe -
Executive Director of Centre for Applied Legal Research; Mr. Macheka - President of the
Hospitality Association; Mr. Matamisa - Chief Executive of the Zimbabwe Council for
Tourism.
2.2 Session 2: Welcome Remarks - Ms. Nhekairo
Ms. F Nhekairo, Permanent Secretary of Tourism and Hospitality Sector, apologised for and
on behalf of Honourable Anastancia Ndhlovu- Deputy Minister for Tourism and Hospitality
Industry for her absence. She highlighted that for the duration of the workshop she would
take up the role of Acting Deputy Minister for Tourism and Hospitality Industry and she
highlighted that Mr. Mavhembu would be Acting Permanent Secretary of Tourism and
Hospitality Sector during the workshop. Thereafter she observed protocol, welcomed
participants; and outlined the objectives of the workshop as being the need to align the
Tourism Act with the Constitution. It was also highlighted that the Tourism Act would also
need to reflect the changes brought about by the new National Tourism Policy which made a
number of policy pronouncements and the Cabinet Resolutions on the operations of State
Enterprises and Parastatals. Also the invaluable technical and financial support given by
CALR and the MoJLPA was acknowledged and applauded. Thereafter the workshop was
declared as officially open.
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2.3 Session 3: Overview of the Legislative Alignment Process- Ms.
Zvakasikwa
Ms. Zvakasikwa, Acting Director of Constitutional and Parliamentary Affairs Department of
the MoJLPA, observed protocol and gave an overview of the legislative alignment process
highlighting the State’s obligation to ensure that all constitutional obligations are performed
diligently and without delay in accordance with section 324 of the Constitution. The need to
prioritise the review of certain important laws which have a direct bearing on the operations
of government was stated and the relevant laws requiring prioritisation identified. The role
and functions of the IMT in the alignment process and the stages involved in the law making
process were outlined and explained; additionally, the challenges faced in the alignment
process were also stated. In conclusion, it was stated that the Ministry of Justice, Legal and
Parliamentary Affairs was committed to the need for an expedited alignment of all laws with
the Constitution and their objective was to uphold, develop and provide accessible, efficient
and effective justice delivery system. This objective would in turn render the system of
government efficient, effective, transparent and accountable.
2.4 Session 4: Presentations and Plenary Discussion
2.4.1 The National Tourism Policy: Issues for Alignment to the Tourism Act –
Mr. Munyika2
Mr. Munyika, Principal Administrative Officer at the Ministry of Tourism and Hospitality
Industry, gave a presentation which centred on key policies in the National Tourism Policy
which ought to be included in the Tourism Act. The transformation/codification of policy into
legislation would give these policy issues a legislative basis thereby making them legally
binding and enforceable. This enforceability would help to ensure that the key objectives of
the National Tourism Policy those relating to (a) Cultural Policy, (b) Economic and Social
Policy, (c) Environmental policy, (d) and Institutional Policy would be realized.
A number of salient policies in the National Tourism Policy, a document that seeks to direct
all developments in the tourism sector, were identified as necessary for inclusion in the
Tourism Act. Regulations relating to product quality and standards were identified as needing
2 Annexure 2, Day 1, Presentation of the National Tourism Policy – Mr Munyika.
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to be modernized and strengthened in the Tourism Act. Other factors deemed as salient for
inclusion into the Act focused on: (a) tourism ethics which would adhere to the global code of
ethics and minimize the negative social impacts of tourism in society; (b) human resources
development; (c) the establishment of a tourism revolving fund which would lend money to
tourism players; (d) the promotion of the participation of locals in the tourism sector in
accordance with Zimbabwe’s indigenization and empowerment laws; (e) the promotion of the
domestic tourism development to increase the geographic spread of tourism and investment
in the tourism sector by locals; (f) the need to ensure tourism development and wildlife
conservation where the biological diversity of wildlife would be conserved and protected; (g)
and the need to increase support given to SMEs in the Tourism Sector.
The presentation generated discussion amongst the participants. A few remarks and reactions
were made regarding the presentation. A participant criticised the need to translate policies
raised in the presentation into legislation since they were deemed as already covered in the
Act in a legal matter. An example on the inclusion of policies such as quality standards was
elaborated upon and identified as covered within parts 4-7 of the Tourism Act. However, it
was resolved that policies in the National Tourism Policy were indeed necessary to translate
into legislation. This was since the policies in the National Tourism Policy were unlikely to
have been comprehensively addressed in the Tourism Act of 1996 which predated the
policies established in 2014. It was also raised that the process of alignment could also
provide a platform for the review of areas that were not adequately covered or addressed in
the Act.
2.4.2 Presentation on Policy and Cabinet Resolutions to be incorporated in the
Review Process -Mr. Mavhembu3
Mr. Mavhembu, Acting Permanent Secretary of Tourism and Hospitality Sector during the
workshop, gave a presentation which centred on Policy and Cabinet Resolutions to be
incorporated in the review process of the Tourism Act. The Cabinet decisions outlined in the
presentation were based on the outcomes of the 4th and 7th Cabinet meetings held in March
2014 which addressed corporate governance shortfalls and remuneration challenges in state
enterprises and parastatals.
3 Annexure 3 - Day 1, Presentation on Policy and Cabinet Resolutions to be incorporated in the Review Process
- Mr. Mavhembu.
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A number of Cabinet decisions were identified as relevant and important for incorporation
into the tourism sector. Corporate governance decisions relating to board membership and
meeting included inter alia the need to ensure that: (a) all Boards are appointed for a four
year term, which is only renewable once; (b) no Permanent Secretary should be a member of
a Public Enterprise Board; (c) Ministers should appoint appropriately qualified and
experienced persons from their Ministries to sit through deliberations of the Board and to
report to the Ministry the gist of the Board’s deliberations; (d) a 50:50 gender representation
and regional spread be factored into the selection of Board members; (e) all decisions on the
conditions of service of the CEO must be made by a resolution from a well constituted Board
Meeting; (f) every Board should have separately constituted an Audit Committee, a Finance
Committee and a Human Resources and Remuneration Committee; (g) no person shall sit on
more than 2 boards of a public enterprise (irrelevant to membership in a ex officio capacity);
(h) Boards should meet on a quarterly basis, while Extraordinary Board meetings are to be
cleared first by the relevant Permanent Secretary; (i) and all Board Chairpersons should keep
the line Ministers regularly briefed on major decisions after every Board meeting and before
the next Board meeting, and through face-to-face meetings and prompt submission of reports
and Board minutes.
Corporate governance decisions relating to the appointment of the CEOs included inter alia
the need to ensure that: (a) CEOs and other senior management in State Enterprises,
Parastatals and Heads of Local Authorities are put on performance contracts; (b) employment
contracts of CEOs clearly outlined the entitlements of the severance package under the
different scenarios of termination of service and the minimum requirements for appointment;
(c) CEOs should enter four-year employment contracts which may be renewable once; (d)
and CEOs must report directly to the Permanent Secretary on a regular basis, including on all
significant decisions, after management meetings.
Decisions to address remuneration shortfalls included the need to ensure that as a principle,
the remuneration for CEOs of public Enterprises and Heads of Local Authorities should be
based on the following inter alia: (a) performance of the economy; (b) the organisation’s
capacity to pay; (c) the overall performance of the incumbent; (d) the need to recognize
specialist skills; (e) the level of responsibility; (f) and the need to comply with the
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requirement that the entity’s total employment costs should be at most 30% of budgeted
expenditure.
The need to incorporate the Cabinet decisions into legislation as well as the effective
implementation of these decisions was stressed and considered as essential and beneficial to
all stakeholders and citizens of Zimbabwe.
2.4.3 Alignment of the Tourism Act [Chapter 14:20] – Mr. Kaseke4
Mr. Kaseke, Chief Executive – Zimbabwe Tourism Authority, gave a presentation on the
Tourism Act [Chapter 14:20] which identified the gaps in the Act which needed reviewing
and alignment with the new Constitution. The gaps identified were mostly technical issues
which were deemed essential and necessary for alignment in order to enhance operational
efficiency.It was emphasized that non-legal matters should not be included in the Act. An
example of such issues was noted to be the defining of the Ministries powers and functions in
the Act. Text in the PowerPoint presentation identified technical legal matters that needed
aligning, suggested amendments and gave justifications relating to why certain amendments
were deemed as necessary.
Shortcomings in sections 4-7 of the Act were identified as being in the solely at the
implementation stage and not in the Act itself. A number of technical amendments were
suggested these included amendments to sections 38- 39, 42- 44, 49, 51- 53, 56, 57, 58, 59
and others. Amendments to these sections were centred on issues to do with appeals;
licensing; the role and powers of the Chief executive and designated officers which were
suggested to be ZTA employees only; the establishment of a National Convention Bureau;
the need to transfer the competence to recover levy from the Minister to the Authority; the
need to make statistics and information a compulsory requirement not a probability; changing
regulations to be in line with new licensing roles suggested during the presentation; the need
to reduce the Boards power in terms of being consulted by the Minister before regulations are
made so that the board only recommends regulations with approval subject to the Minister.
In addition, other suggested changes and examples of technical amendments included inter
alia: (a) broadening section 5 of the Act to establish a National Convention Bureau to market
4 Annexure 4 - Day 1, Alignment of the Tourism Act [Chapter 14:20] – Mr. Kaseke.
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Zimbabwe as a business tourism destination; (b) reducing the number of Board Meetings to 4
times each financial year; (c) adding of a clause to section 14 (3) to deal with conflict of
interests; (d) a proposal to give the chief executive licensing powers under section 17
(4)(a)(ii) of the Act which in turn would lead to the repeal of sections 32 (b) and 46; (e)
adding a clause 5 to section 20 to deal with the failure by the Board to comply with
ministerial directive; (f) changing the financial year in section 33 of the Act to end on the
31st of December each year; (g) and other technical amendments such as replacing the word
Minister with Authority in section 59 was also raised.
The presentation generated discussion amongst the participants. The following suggestions
were made: the relationship between the Ministry of Tourism and ZTA should be reviewed
and defined so as to improve coordination; the budget of the tourism industry should be sent
in advance to enable effective implementation as in the best practise of Singapore whose
budget is allocated 5 years in advance.
2.4.4 What the Tourism Industry Expects from the Amended Tourism Act –
Zimbabwe Council for Tourism Representative5
A Zimbabwe Council for Tourism Representative gave a presentation which centred on the
expected outcomes that the tourism industry envisions for the amended Tourism Act. It was
highlighted that tourism was an export therefore given the importance of the industry, it was
vital for the Tourism Act to govern, direct and determine the future development of tourism
businesses in a progressive manner.
A number of policy and legislative changes were suggested to facilitate tourism growth in
line with both the ZimAsset and the Tourism Policy. These policy and legislative changes
included the need to: (a) recognise tourism as an export thereby necessitating the application
of export policies to this industry; (b) coordinate policy in the sector to ensure tourism
growth; (c) link the funding of ZTA to the sector’s contribution to the G.D.P at a rate of 3 – 5
%; (d) ensure that at least 50% of the personnel on the board are appointed from nominees
from the Tourism Industry; (e) ensure that the Tourism Industry is evaluated accurately and
the necessary administrative structures such as the TSA are operationalised for this purpose;
5 Annexure 5 - Day 1, What the Tourism Industry Expects from the Amended Tourism Act – Zimbabwe Council
for Tourism Representative
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(f) prioritise land allocation for wildlife and tourism purposes especially for non consumptive
use; (g) ensure the realization of non tangible benefits of tourism; (h) to increase the funding
of the sector ( using a revolving fund as a immediate short-term requirement); (i) clarify and
expand definitions of tourism in the Act as it has an impact on the revenue which should be
collected by the tourism sector for instance money collected from hunting goes to the farming
sector yet it is tourism; (j) separate functions of parastatals and state owned enterprises so that
the public sector plays a regulatory and facilitative role solely whilst tourist operators operate
in the private sector. This would reduce competition between public and private sector tourist
operators an example was given of the role played by the National Parks which operates as
both a tourism regulator and operator; (k) setup a National Conventions Bureau as a matter of
urgency and be given authority to operate as an independent body within ZTA; (l) change the
business regime policy to one focused on marketing rather than that of security.
; (m) establish of a professional tourism body.
The presentation generated discussion amongst the participants. A participant criticised the
feasibility of setting up a tourism bank since past initiatives of a similar fashion had failed.
However, it is noted that although it was not a government function the government had the
capacity to attract persons that could setup such a bank.
A suggestion was made to change the pricing model in order to encourage domestic tourism
and intensification of local domestic tourism and enhance youth incentives to encourage
youth participation in the tourism industry. Other suggestions included: (a) the need to
review and clarify the relationship between MoTHI and ZTA to improve coordination and
enhance operational efficiency to implement tourism policy; (b) the appointment of 50% of
the ZTA Board composition from the tourism industry; (c) the designation of 3-5% of the
yearly revenue for marketing purposes in the ZTA; (d) tourism should be recognized as a
national facet of the economy and as a GDP generating industry thereby necessitating the
government to be the primary funder of the tourism sector with the private sector coming into
play to supplement government; (e) tourist facilities and resorts should be accessible to
persons with disabilities and this requirement should be part of tourism ethics.
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2.4.5 Outcomes of the Gender Based Alignment Workshop of the Tourism Act-
Mrs. Chinyerere6
Mrs. Chinyerere, Director of Ceremony for Day 1, gave a presentation on the need to align
the Tourism Act from a gender perspective. She counted the number of women as opposed to
the number of men in the workshop, 16 delegates were women and 22 were men. The speaker
highlighted the need for a gender balance in the tourism industry. Terms relating to the
presentation such as gender, gender balance, gender blind and gender equality were defined.
Regional and international instruments to which Zimbabwe is party were outlined. Special
reference was paid to provisions in the SADC Protocol on Gender and Development which
focused on the need to have 50% of women in decision making positions in both private and
public sectors; equal opportunities at work and career advancement and in economic
opportunities for both men and women; and equal participation, representation, access to
wage and employment for both men and women.
The CEDAW convention was also discussed and provisions on the obligations of the State
were outlined. The State’s obligations in relation to ensuring gender parity were stressed in
respect of the following: (a) the duty to promote the full participation of women in all spheres
of Zimbabwean society on the basis of equality with men; (b) the duty to take measures to
ensure gender equality in all institutions and government agencies at every level; (c) the duty
to ensure that women constitute at least half the membership of all commissions and other
elective and appointed governmental bodies established by or under this Constitution or any
Act of Parliament; (d) the duty to ensure equal access to resources including land; (e) the duty
to ensure equal opportunities in political, economic and social activities; (f) and the
importance of rectifying past injustices and previous discrimination through affirmative
action, reviewing legislation and through changing of policies was stressed.
The Tourism Act was also analysed and it was noted that the language used is biased towards
men; that the establishment of the Zimbabwe Tourism Authority in section 3 was silent on
the need to have a gender balance; and similarly section 12 on the Committees of the Board
was silent on the need to have a gender balance. Based on the foregoing, the following
suggestions were made: (a) gender neutral language should be used in the Act for instance
6 Annexure 6 - Day 1, Outcomes of the Gender Based Alignment Workshop of the Tourism Act- Mrs.
Chinyerere.
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Chairman and Deputy Chairman should be replaced with Chairperson and Deputy
Chairperson; (b) the Act must specify that the Chairperson and Deputy Chairperson must be
of different sex; (c) the composition of the Zimbabwe Tourism Authority Board in Section 4
and Committees of the Board should have equal representation of men and women.
The presentation generated discussion amongst the participants. Clarification was sought over
the recommendation for section 3 to have gender considerations. It was debated whether
gender considerations were necessary to include under section 3 and it was resolved that the
requirement to have gender balance in the ZTA board should instead be included under
section 4 which deals with composition of the board. It was stressed that a gender balance
should be 50/50 for both women and men and that this requirement should not result in the
removal of current board members but should be progressively realized and borne in mind
during subsequent appointment rounds. It was also suggested that disability issues such as the
appointment of women with disabilities be recognized in the Act.
2.4.6 Presentation of Discussion Paper on Alignment of the Tourism Act [Chapter 14:20]
of 1996 – Mr. Mawere7
Mr. Mawere, Consultant of the Centre for Applied Legal Research, observed protocol and
gave a PowerPoint presentation on the Alignment of the Tourism Act [Chapter 14:20] with
the Constitution. The presentation centred on the key issues that need to be considered and
addressed to align the Act with the Constitution.
The Tourism Act was regarded as inconsistent with the standards in the UNWTO which the
State has a legal obligation to implement and incorporate into legislation and policy in
accordance with Section 34 of the Constitution. Issues to do with responsible, ethical and
sustainable tourism were outlined and explained. The following gaps and issues were
identified in the Tourism Act: (a) the definitions of tourism and tourist in the Act are
inconsistent with the definitions in the UNWTO; (b) the Act does not adequately addressing
internal tourism in a similar manner as in the global code of ethics for tourism of the
UNWTO; (b) there are no guidelines in the Act by which the responsible Ministry can
implement tourism ethics in the global code of ethics; (c) issues such as sustainable tourism,
7 Annexure 7- Day 1, Presentation of Discussion Paper on Alignment of the Tourism Act [Chapter 14:20] of
1996 – Mr. Mawere.
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eco-tourism and et cetera are not addressed in the Act which simply focuses on the
establishment of the ZTA; (d) and the linkage between the national and local boards is not
defined.
Based on the foregoing, the following suggestions were made: (a) definitions should be in
line with those recommended in the UNWTO; (b) a local code of ethics which enable
development and identification of the Tourism Strategy should be adopted; (c) the Act should
have a Declaration of Policy by the government on the tourism sector; (d) the tourism sector
should learn from best practice of other countries – this should be included in a declaration of
policies; (e) responsible tourism which maximizes the benefits to local communities and
minimizes negative social or environmental impacts and ethical and sustainable tourism
should be adopted; (f) the interpretation clause in the Act should incorporate the definitions
as recommended in terms of UNWTO’s Glossary; (g) the responsible Minister should be
empowered to develop, gazette and implement the Zimbabwean Code of Ethics for Tourism
and recommendations made by UNWTO especially in relation to accessible tourism for all,
the protection of children and gender equality in the tourism sector and other best practices
recommended by UNWTO; (h) the Act should have a clause which identifies the objectives
of the national tourism strategy; (i) the Chief Executive Officer for the National Tourism
Board should be an ex officio and nonvoting member of the Board; (j) the Act should provide
for the public- private sector partnerships; (k) the Act should include incentives for the
promotion of tourism; (l) the content of provisions to be included in the tourism Act should
be comprehensive, flexible and adaptable and timeless to face emerging issues.
The presentation generated discussion amongst the participants. Clarification was sought over
the recommendation relating to internal tourism and the definition of domestic tourist which
were considered to be already defined and addressed in the Act. It was explained that
although the definition existed in the Act, it was limited and needed to be expanded to reflect
the approach in the UNWTO. A suggestion was made to adopt best practice according to
what is suitable for Zimbabwe; and to include issues to do with eco-tourism, responsible
tourism, sustainable tourism and the objectives of the tourism industry. A recommendation
was also made to expand the scope of Act in order to cover a number of issues related to
tourism rather than simply establishing the Zimbabwe Tourism Authority.
19 | P a g e
2.5 Session 5: Thematic Group Sessions - Introductory Remarks and
Instructions – Mr. Mawere 8
The delegates were divided into four (4) groups and these groups were assigned a set of
questions relating to the tourism industry. Specific questions, as outlined below, were
designed to guide the group discussions, and additional supporting material was availed to the
groups. The groups were asked to present or report back on their findings on Day 2 of the
workshop due to time constraints and in recognition of the need for more time to be allocated
to stakeholders to enable them to make adequate input and recommendations for the
alignment of the Tourism Act.
GROUP 1
- Identify the gaps that exist in the current Tourism Act [Chapter 14:20].
GROUP 2
- Identify the relevant aspects of the Constitution which will inform the development of
a new piece of legislation.
GROUP 3
- Identify the relevant best practices which Zimbabwe should adopt in the development
of a new piece of legislation. Consideration should be made to the following:
o UNWTO Recommendations
o Best practices from other countries
o Global Code of Ethics for Tourism
o Emerging international trends, e.g.: ecotourism, sustainable tourism,
cultural tourism.
GROUP 4
- Identify any relevant aspects of the Policy and Cabinet decisions which should be
incorporated in the new piece of legislation
8 Annexure 8 - Thematic Group Work Questions for Day 1 and Day 2.
20 | P a g e
2.6 Session 6: Recap of Day 1 and Closing Remarks - Mr. Mavhembu
Mr. Mavhembu, Acting Permanent Secretary of Tourism and Hospitality Sector during the
workshop, gave a brief overview of the deliberations and resolutions made for the day,
reaffirmed the fact that the report back session for thematic group sessions would be held on
the following day and closed the workshop.
3. DAY 2 PROCEEDINGS
3.1 Session 1: Recap of Day 1 – Mr. Mavhembu
Mr. Mavhembu, Acting Permanent Secretary of Tourism and Hospitality Sector during the
workshop, observed all protocols and opened the workshop with a prayer. Thereafter he gave
a recap of Day 1’s program and mapped the way forward. He specified that aligning the
Tourism Act was the main objective of the workshop.
3.2 Session 2: Presentations and Plenary Discussion
3.2.1 Tourism Act: Benchmarking with other Countries - Dr Marunda9
Dr. Marunda, Senior Lecturer- Department of Tourism Leisure & Hospitality Studies at the
University of Zimbabwe gave a presentation on benchmarking the Tourism Act with other
countries namely South Africa, Kenya and Botswana. He commenced the presentation by
describing the structure of the current Tourism Act of Zimbabwe which he referred to as
divided into seven major groupings and sections dealing with the following: (a) Preliminary
section including Definitions; (b) ZTA formation and its Functions; (c) Financial Provisions
to Authority; (d) Zimbabwe Tourism Fund; (e) Designated Tourist Facilities; (f) Registration
and Grading of Tourist Facilities; (g) Licensing of owners and operators of designated
Tourist Facilities.
The structure of the Tourism Act [Chapter 14:02] was then juxtaposed and compared with the
Tourism Act of South Africa, No. 3 of 2014. He described the structure of the Act, as with
the Act of Zimbabwe, which also has seven major groupings and chapters dealing with the
following: (a) Interpretation and Objects; (b) National Tourism Sector Strategy, Norms and
Standards, and Codes of Good Practice (GCET); (c) South African Tourism Board and its
Functions; (d) Grading System (Grading Council); (e) Tourism Protection (Complaints
9 Annexure 9 - Day 2, Tourism Act: Benchmarking with other Countries - Dr Marunda.
21 | P a g e
Officer); (f) Tourist Guides (Registration and Operations); (g) General (Regulations,
Offences, Penalties etc.). He pointed out that the Grading Council of South Africa was
voluntary unlike that of Zimbabwe which falls under the ZTA and the Ministry; that there
was need to establish a complaints system in Zimbabwe as in South Africa and that the
regulations applicable to tourist guides need to be more detailed and varied.
The Tourism Act of Kenya, No. 28 of 2011 was also analysed and the structure described as
having eleven major sections dealing with the following: (a) Preliminary; (b) Formulation of
National Tourism Strategy; (c) Establishment of Tourism Regulatory and Marketing Bodies
namely the Tourism Regulatory Authority, Kenya Utalii College, Tourism Protection
Service, Kenya Tourism Board, Kenyatta International Convention Centre; (d) Tourism
Research and Monitoring Institute; (e) Financial Bodies namely the Tourism Fund and the
Tourism Finance Corporation; (f) The Tribunal; (g) Tourism Licensing and Tax Provisions
namely the Tourism Levy and Government Tax Provisions; (h) Annual Estimates, Accounts
and Audit Provisions; (i) Offences, Penalties and Enforcement; (j) General Provisions; (k)
Transitional and Repeal Provisions. It was noted that in Kenya the tourism strategy was
codified in the Tourism Act of Kenya and that the establishment of the tourism regulatory
and marketing bodies where the base from the sector operated and that tax provisions were
favourable to the tourism sector since VAT was refunded back to tourists when they left the
country unlike Zimbabwe which introduced VAT.
The regulation of the tourism sector in Botswana was also described and it was highlighted
that Botswana’s Tourism Strategy was based on the Tourism Act used in conjunction with
regulations which includes the: (a) Botswana Tourism Master Plan, 2000; (b) Tourism
Development Framework, 2001; (c) Botswana National Ecotourism Strategy, 2002; (d)
Botswana Tourism Act, 1992;(e) and the Botswana Tourism Regulations, 1996. This strategy
was commended for its use of a Tourism Act in conjunction with regulations, which can be
reviewed consistently. It was recommended that a master plan should be incorporated into the
Zimbabwean Tourism Act and used in the Zimbabwe tourism sector. Other suggestions
included the need to provide a national and advisory council and to merge the functions of the
ZTC and the government. The structure of the Tourism Act of Botswana was also outlined
and the major groupings in the Act which deal with: (a) Licensing of tourism enterprises and
sets out the procedures in respect of applications for licenses, power of inspection, appeals,
22 | P a g e
etc.; (b) Defines categories of tourism enterprises; (c) Makes provision for the introduction of
a grading system for tourism enterprises; (d) Establishes a Tourist Industry Licensing
Board;(e) Makes provision for the possible introduction of a training levy; (f) and Provide for
the establishment of a National Advisory Council on Tourism.
The gaps and best practices which were identified as necessary for aligning with new
constitution included: (a) Tourist rights to visit all or any areas of interest and heritage; (b)
Gender parity in issues to do with tourism and hospitality; (c) Best practices in terms of the
physically challenged visitors and their provisions including sign language; (d) Sustainable
tourism development incorporating use of renewable energy sources; (e) Incorporation of
ICT; (f) Establishment of a national cultural convention center and preservation of culture
which would make decisions based on how far tourists would be allowed to access culture
and cultural heritage sites and how to preserve culture; (g) And Supporting entrepreneurial
opportunities
The presentation generated discussion amongst the participants. Below are the
recommendations that were made by delegates during the plenary discussion that took place
after this presentation was made: A participant raised the issue that best practises presented
were contextual therefore Zimbabwe had to adopt the best practises which were appropriate
and conducive to needs. It was stated that approaches such as the Kenyan example would not
be ideal for Zimbabwe to adopt since an omnibus piece of legislation with many bodies
would require extensive funding and securing sustainable funding was unlikely. However, it
was resolved that by its nature tourism is fragmented and has many different bodies and that
certain goals would have to be progressively realized.
3.2.2 Tourism Act Benchmarking with other Countries – Mr. Zengeni10
Mr. Zengeni, Lecturer at the Chinhoyi University of Technology, gave a presentation centred
on analysing tourism policy and destination competitiveness literature in order to draw
conclusions and make recommendations on improving policy and destination
competitiveness literature of Zimbabwe. The presenter stressed the importance of staying
competitive or being more competitive and that favourable policies would be help sell our
product.
10 Annexure 10 - Day 2, Tourism Act Benchmarking with other Countries – Mr. Zengeni.
23 | P a g e
It was noted that although Zimbabwe ranked favourably for its natural resources and tourism
policy regulatory framework in comparison with other countries, it was lagging behind in
terms of the Travel and Tourism Competitiveness Index (TTCI) where it ranked 115th out of
141 selected countries in 2015. The following policy rules and regulations were identified as
needing improvement to increase competitiveness: (a) Property rights which are affected by
the empowerment policies in Zimbabwe, (b) Business impact of rules on FD, (c) the number
of days required to start a business, (d) Cost of starting a business, % GNI/capita, (e)
Environmental Protection Policies, (f) Visa Regime Policy, (g) FDI Policy and Bilateral ASA
Policy which are affect by the empowerment policies in Zimbabwe.
Based on the foregoing, the following recommendations were made: (a) upgrade policy
issues relating to domestic tourism cultural issues, visa regime and environmental protection
to levels of legislation, for example through inclusion in the tourism act or enacting separate
supportive legislation for tourism to sustain the tourism sector, (b) extensive stakeholder
consultation, (c) political will in implementing tourism policy – at SADC and AU levels, (d)
consider the Global Code of Ethics for Tourism (1999, 2001), (e) tourism funding and
investment, (f) tourism pricing. The need to include certain policy issues into legislation was
stressed in order to make such rules binding and enforceable.
The presentation generated discussion amongst the participants and a few suggestions were
made during the plenary discussion. A participant suggested that the visa regime in
Zimbabwe should be kept in place since it was not a limiting factor for tourism; and was in
fact a highly favourable, convenient and friendly system. The following recommendations
were also made: (a) programmes and strategies which promote domestic tourism should be
developed and implemented,(b) the Domestic Tourism Policy and Strategy crafted at ZTA
needs to promote, develop and implement strategies for domestic tourism and needs to
economise products for our local, (c) investment policies should be conducive for investors
and tourists, (d) port of entry at airports need to be accessible to persons with disability for
instance the desks of immigrants officers should be low enough to cater to persons in
wheelchairs for instance.
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3.3 Session 3: Thematic Group Sessions - Report back and Plenary
Discussion for Day 1 – All.
Thematic group report back sessions for Day 1 where held during Day 2 since they were
postponed in order to give Stakeholders adequate time to present and deliberate on the issues.
Below is a summary of the report back by presented by each of the groups:
Group 1 which identified the gaps in the current Tourism Act [Chapter 14: 20] made the
following recommendations11:
ISSUE RECOMMENDATION
General Matters - Include provisions for the notification of development
alteration and disinvestment.
i. These procedures must be simplified in order to for
instance make changing land use from purpose
relevant to the tourism industry to other use less
complex and requiring application to the relevant
authority for permission.
- Act should provide for enhanced Domestic Tourism
- Act should provide for the harmonisation and classification of
designated authorities.
- Act should provide for the notification of development
alteration and disinvestment.
- Act should provide garnishing for noncompliance.
i. For instance the Act should facilitate for the
garnishing of bank accounts of service providers that
fail to comply with the requirements of the Tourism
Act
- Licensing and approval for efficiency should move to the
ZTA to consolidate functions.
Scope of the Act - The scope of the Act should be broadened to deal with other
11 Annexure 11 - Report Back- Thematic Group Sessions, Day 1 , Group 1 Recommendations: Gaps in the
current Tourism Act [Chapter 14: 20] which need to be aligned.
25 | P a g e
matters rather than just the establishment of the ZTA.
Tourism Facilitation - Highlight the roles of tourism facilitation in the Act:
i. Issues to do with visa facilitation, investment, tourism
participation should be included in this part and
should be implemented effectively.
ii. Facilitation role should be preserve of the MoTHI.
Valuation of Arts and
Crafts
- Act should include patenting / packaging, branding and
regulate valuation of arts and crafts.
- Synergies should be created with relevant authorities to
regulate the market for instance patent or brand of Made in
Zimbabwe
- Increase capacity building initiatives of community based
tourism enterprises to get communities involved.
- Include provision for establishment of Business Tourism.
Human rights issues - Human rights issues are to be included in the Act:
i. For instance persons with disabilities to be given equal
opportunity in the industry as employees and ensuring
access to facilities.
Terminology/ Language - Language in the Act should be gender neutral.
Cultural Issues - The Act should encompass issues to do with cultural tourism
under the framework of “ Culture” pronounced in the section
16 of the Constitution.
Role of Tourism Players - The role of other integral Tourism players such as the
Ministry of Tourism and Hospitality at large should be
defined.
- The relationship between the ZTA and the Ministry of
Tourism and Hospitality Industry should be clarified in the
Act.
- The institutional arrangement of tourism players should be
defined and clarified in the Act.
26 | P a g e
The following recommendations were made during the plenary discussion after the
presentation of group 1’s findings.
ISSUE RECOMMENDATION
General Matters - The rights of persons with disabilities should be specifically
mentioned in the Act, and the obligations of service providers
towards persons with disabilities.
- The CEO of the ZTA should be an ex officio member of the
ZTA Board.
- There should be a difference between the powers of the ZTA
Board and the ZTA authority which should be clearly defined.
- The Act should facilitate for decentralization of domestic
tourism to promote the local tourist industry.
- The scope of the Act needs to be broadened to encompass the
role and functions of the MoTHI and other actors in the
tourism sector.
- The role of the Minister needs to be specified and clarified in
the Act .
Group 2 highlighted the need to give a basic insight of the country’s Constitution to tourists
to make them aware of how the Constitution protects them during their stay in Zimbabwe.
The group identified the relevant aspects of the Constitution which would inform the development
of the Tourism Act [Chapter 14: 20] and made the following findings12:
ISSUE RECOMMENDATION
Provisions in the Constitution
which are relevant for the
development of the Tourism
Act [Chapter 14: 20]
- Chapter 1 – Founding Provisions
i. Supremacy of Constitution and the need to respect the
laws of the country as enshrined in the Constitution of
Zimbabwe.
ii. Founding values and principles are important since the
country’s morals and values have to be respected by
12 Annexure 12 - Report Back- Thematic Group Sessions, Day 1 , Group 2 Recommendations: Provisions in the
Constitution which inform the development of the Tourism Act [Chapter 14: 20].
27 | P a g e
tourists.
iii. National flag, national anthem, public seal and coat of
arms
- Chapter 2 – National Objectives
i. National development
ii. Empowerment and Employment creation
- Chapter 3 – Citizenship
i. Powers of Parliament
- Chapter 4 – Declaration of rights
i. Duty to respect fundamental rights
ii. Rights of arrested and detained persons
iii. Section 78 – marriage rights – The entry of
international tourists of same sex marriages,
homosexuals and lesbians be regulated
according to best practices in the UNWTO
study on homosexual and lesbian tourists
- Chapter 5 – The Executive
- Has an effect on how the tourism sector operates.
- Chapter 6 – The Legislature
Group 3 identified tourism best practices which Zimbabwe should adopt in the development
of the Tourism Act [Chapter 14:20]. The group made the following recommendations13:
ISSUE RECOMMENDATION
General Matters - Tourism should contribute to mutual understanding and
respect between peoples and societies.
- Tourism should be a vehicle of individual and collective
fulfillment.
- Sustainable Tourism Development should be promoted.
13 Annexure 13 - Report Back- Thematic Group Sessions, Day 1 , Group 3 Recommendations: Tourism best
practices which Zimbabwe should adopt in the development of the Tourism Act [Chapter 14:20].
28 | P a g e
- Tourism should be a user of the cultural heritage of mankind
and a contributor to its enhancement.
- Tourism should be beneficial for host countries and
communities,
Labour rights - The rights of the workers and entrepreneurs in the tourism
industry should be recognized and cross referenced to the
Labour Act which should enforce labour rights.
- The Tourism Act should cross-reference the Labour Act in
relation to child prostitution matters.
- The Minister may develop a code of conduct which regulates
labour issues of works in the tourism sector and child
prostitution.
Accessibility for persons
with disabilities
- Tourism should be accessible for all – including persons with
disabilities.
Harmful effects of Tourism - Establish provisions for the protection of children from sexual
exploitation.
- Establish a Tourism Complaints and Feedback Desk.
Accreditation - Establish a professional’s board such as a Professionals
Council for the Tourism Sector or professional standards for
employees to regulate professional and ethical conduct of
actors in the Tourism sector.
- Include requirement to have capacity development of workers
on the Tourism Act.
- State the relevant and necessary qualification for actors in the
Tourism Industry.
Funding - Establish provisions for funding Tourism development.
The following recommendations were made during the plenary discussion after the
presentation of group 3’s findings.
ISSUE RECOMMENDATION
General Matters - Need standard qualifications for persons to be employed in
management and leadership issues
29 | P a g e
- A institution should be setup to implement the rights of
workers. This institution should cross reference other relevant
Acts such as the Labour Act
- Provisions relating to the protection rights of children from
sexual exploitation should cross-reference the Children’s Act
and the Criminal Code.
- The Tourism Act should cross-ref relevant Acts for the
purposes of enforcement. For instance the Disabled Persons
Act and Disability policy should be cross-referenced in
regards to disability issues.
- The Professionals council for the Tourism Industry should be
statutory based.
- Need to profile responsible tourism as opposed to sustainable
tourism
- Sustainable tourism should also be used on the basis that there
is a shift from Millennium Development Goals to Sustainable
Development Goals.
Group 4 identified the relevant aspects of the Policy and Cabinet decisions which should be
incorporated in the Tourism Act [Chapter 14:20]. The group made the following
recommendations14:
ISSUE RECOMMENDATION
General Matters - All decisions on the conditions of service of the CEO must be
made by a resolution from a well constituted Board Meeting.
- The remuneration for CEOs of public enterprises and Heads
of local authorities should be based on the following:
i. performance of the economy,
ii. the organisation’s capacity to pay,
iii. the overall performance of the incumbent,
14 Annexure 14 - Report Back- Thematic Group Sessions, Day 1, Group 4 Recommendations: Policy and
Cabinet decisions which should be incorporated into the Tourism Act [Chapter 14:20].
30 | P a g e
iv. the need to recognize specialist skills,
v. level of responsibility,
vi. and the need to comply with the requirement that the
entity’s total employment costs should be at most 30%
of budgeted expenditure.
Section 4 - Establish a 50:50 gender representation
- A regional spread should be factored into the selection of
Board members.
Section 6 - Qualifications for appointments as a member of a board
- Insert a limit to the number of boards a board member can be
appointed to:
i. No person shall sit on more than 2 boards of a
public enterprise,
ii. The above is inapplicable to persons appointed
in an ex officio capacity.
Section 7 - Terms and conditions of appointed members to be amended
under section 7 (1) (2) to conform to Cabinet decision that all
Boards be appointed for a four year term, which is renewable
once.
- No Permanent Secretary should be a member of a Public
Enterprise Board.
- Ministers should appoint appropriately qualified and
experienced persons from their Ministries to sit through
deliberations of the Board and to report to the Ministry the
gist of the Board’s deliberations.
Section 11 - Meetings and procedures need to be amended to conform to
Cabinet decisions:
i. Boards should meet on a quarterly basis, while
Extraordinary Board meetings are to be cleared
first by the relevant Permanent Secretary.
ii. All Board Chairpersons should keep the line Ministers
regularly briefed on major decisions.
31 | P a g e
- Boards should meet on a quarterly basis, while Extraordinary
Board meetings are to be cleared first by the relevant
Permanent Secretary under Sections 11(1) and 12(3).
Section 12
- Committees and sub-committees should be established as
provided in the cabinet decisions and other committees may
be formed as and when necessary.
- The Board should have separately constituted committees:
i. Audit Committee,
ii. Finance Committee,
iii. Human Resources and Remuneration Committee,
iv. and other relevant committees.
- A Board member cannot be a committee member of more
than one committee.
Section 17 - The Board and the Minister must agree on the person
specifications for CEO position and invite through a press
advertisement, applications to fill the position.
- CEOs must report directly to the Permanent Secretary on a
regular basis, including on all significant decisions after
management meetings.
Section 19 - Line Ministers should be briefed on major decisions made by
the board after meetings and before successive meetings
through Board reports, meetings and or face-to face meetings.
The following recommendations were made during the plenary discussion after the
presentation of group 4’s findings.
ISSUE RECOMMENDATION
Cabinet Decisions - Cabinet decisions should supersede the contents of the
Tourism Act and the Act should be amended to reflect the
contents of these Cabinet decisions.
Employment Costs Conflicting Views
VIEW A:
- The Act should include the cabinet resolution which provides
that an entity’s employment costs should not exceed 30% of
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the budgeted expenditure, while 70% should be allocated
towards service delivery.
VIEW B:
- This request is an administrative, operational and
performance issue which should merely be included in the
employee’s contract as opposed to being included in the Act.
Section 6
- The CEO as an ex officio member of the board may be
appointed to other boards.
3.4 Session 4: Thematic Group Sessions - Introductory Remarks and
Instructions for Day 2 - All15
The delegates were asked to break away into the four groups established on Day 1 to
deliberate on a set of assigned questions which related to the tourism industry. Specific
questions, as outlined below, were designed to guide the group discussions, and additional
supporting material was availed to the groups.
GROUPS 1, 2, 3 and 4
- What should be the objective of the new piece of legislation?
- What should be the scope of the new piece of legislation?
- What should be the structure of the new piece of legislation?
o Specific and comprehensive recommendations should be made
o Consideration should be made of current challenges, and emerging issues in
the industry at both the domestic and international level
o Consideration should also be made of best practices in other countries
3.5 Session 5: Thematic Group Sessions - Report back and Plenary
Discussion for Day 2 – All
15 Annexure 8 - Thematic Group Work Questions for Day 1 and Day 2.
33 | P a g e
Groups 1 till 4 made suggestions for the objective, scope and structure of the Tourism Act.
Below is a summary of the report back by presented by each of the groups:
Group 1 made the following recommendations16:
16 Annexure 15 - Report Back - Thematic Group Sessions, Day 2, Group 1 Recommendations: Objective, scope
and structure of the Tourism Act.
ISSUE RECOMMENDATION
OBJECTIVES - To provide for the establishment of the Zimbabwe
Tourism authority.
- To provide for the development and promotion of
sustainable tourism.
- To provide for the regulation of the tourism industry.
- To provide for the establishment of the National
Conventions Bureau.
- To provide for the regulation of Tourism profession.
SCOPE - To provide universal access to tourism facilities and
services, including all persons with disabilities (sign
language)
- To promote and practise responsible tourism
- To provide for effective domestic, regional and
international marketing of destination Zimbabwe.
- To promote quality tourism products and services
- To promote the growth and development of the tourism
sector
- To enhance cooperation and collaboration between
tourism stakeholders.
- To provide for the promotion and preservation of culture
and heritage.
- To ensure tourism resource endowments
to benefit the local communities.
STRUCTURE
(Additional sections to be
Preamble
- Should capture the role and responsibility of the
34 | P a g e
Group 2 made the following recommendations17:
17 Annexure 16 - Report Back - Thematic Group Sessions, Day 2, Group 2 Recommendations: Objective, scope
and structure of the Tourism Act.
added to the existing
sections)
responsible Minister.
Institutional arrangement
- Should capture Ministry policy, facilitation, coordination,
ZTA regulation and policy implementation.
Industry
- Should capture Tourism business operations.
ISSUE RECOMMENDATION
OBJECTIVES - To provide for sustainable tourism
- To promote international tourism (SADC, COMESA and
International Community)
- To promote domestic tourism so as to enshrine culture of
tourism.
SCOPE - To clarify on the role of stakeholders
i. MoTHI
ii. ZTA
iii. ZCT
iv. Other stakeholder’s e.g. Traditional leaders and local
authorities.
STRUCTURE
(Additional sections to be
added to the existing
sections)
- Omnibus Act which is sectionalised
- Defines specific functions without ambiguities
- Corporate governance included in the Act.
35 | P a g e
Group 3 made the following recommendations18:
Group 4 made the following recommendations19:
18 Annexure 17 - Report Back - Thematic Group Sessions, Day 2, Group 3 Recommendations: Objective, scope
and structure of the Tourism Act.
19 Annexure 18 Report Back - Thematic Group Sessions, Day 2, Group 4 Recommendations: Objective, scope
and structure of the Tourism Act.
ISSUE RECOMMENDATION
OBJECTIVES - To enable sustainable tourism development.
SCOPE - The tourism act should address broader issues beyond the
formation of the tourism authority as listed below:
i. International best practices
ii. Address issues in the new constitution
iii. Regulation and Development of domestic tourism
iv. Enable development of new tourism products.
STRUCTURE
(Additional sections to be
added to the existing
sections)
- A Preliminary section
- A part/section that sets out the Authority
- A part/section on Domestic Tourism
- A part/section that sets out the Global Code of Ethic
- A part/section on the National Conventions Bureau
- A part/section that establishes the Tourism Professionals
Council.
- A part/section on Tourism Feedback/ Complaints Desk.
ISSUE RECOMMENDATION
OBJECTIVES - To ensure sustainable tourism that is accessible and
beneficial to all and that will improve the standard of
living of all citizens of Zimbabwe.
SCOPE - The Act should be expanded so that all players are
included in the Act (not confined to the ZTA)
- The Tourism Act should regulate the entire tourism
industry.
36 | P a g e
The following recommendations were made during the plenary discussion after the
presentation of group 1- 4’s findings.
STRUCTURE
(Additional sections to be
added to the existing
sections)
- A part that sets out the role of the Ministry within the
tourism industry.
- A part that deals with the role of Zimbabwe Tourism
Authority.
- A part that deals with the other players in the tourism
industry.
- General provisions with regards to the functioning of the
tourism sector eg the code of ethics, UNWTO
recommendations, national policies, etc.
ISSUE RECOMMENDATION
General Matters - The political context of aligning the Act needs to be
considered.
Accreditation - The Tourism Professionals Council should be established
as a separate piece of legislation
- Professional qualifications for professional in the sector
should be set at and for the operations level.
- Tourism service providers should be accredited.
Disability-related Matters - Act should adopt a wide definition of persons with
disabilities in accordance with international instruments
such as the CRPD and the Disabled Persons Act.
Objectives - The Act should have a variety of objectives; including
specific objectives.
- All forms and sub-sets of sustainable tourism should be
dealt with and clarified in the Act. Examples of the sub-
sets of sustainable tourism are based on issues to do with:
i. poverty alleviation,
ii. the inclusion of measures for various groups
women, youths, persons with disabilities,
37 | P a g e
3.6 Session 6: Consolidation of Stakeholder Contributions and Way
Forward- Mr. Mavhembu20
Mr. Mavhembu, Acting Permanent Secretary of Tourism and Hospitality Sector during the
workshop, gave a presentation which consolidated the recommendations made by the
stakeholders during the two day workshop and outlined the next steps that would be taken
towards the alignment of the Tourism Act. Mr Mavhembu, proceeded to highlight the dates
for the second stakeholder consultative meeting scheduled for the 17-20th of November 2015
where stakeholders from the Southern region would be consulted. In addition, he explained
that the views and recommendations from both workshops would then be consolidated into
one Discussion Paper which would then be subjected to internal Government systems and
processes.
IMT Technical Committee representative and Executive Director for CALR, Mr. N.
Chishakwe was called to detail the mapping of the way forward. He proceeded to explain the
role of the IMT as being an institution which is tasked by the GoZ to coordinate all processes
for aligning laws with the Constitution; the role of the IMT Technical Committee was also
explained as being centred on providing technical assistance, identifying issues which needed
alignment and setting agendas of what needed to be aligned within the context of the
Constitution. He highlighted that all findings and recommendations would be synthesised into
reports which would then be used to draft a Memorandum of principles and a layman’s draft
on behalf of the Ministry which would then be submitted to the Cabinet Committee on
Legislation for approval or disapproval of the changes.
3.7 Session 7: Closing remarks and Vote of Thanks - Ms. Nhekairo
Ms. F Nhekairo, Acting Deputy Minister for Tourism and Hospitality Industry during the
workshop, gave closing remarks.
20 Annexure 23 – MoPSLSW Children’s Bill Southern Region SCW, day 3 – IMT Technical Committee
Representative Presentation on Major Highlights of Stakeholder Recommendations and Way Forward.
iii. ensuring that host communities benefit and see
the benefits of tourism (wildlife conservation
policies etc).
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She thanked delegates for participating during the workshop consisting of members of team
tourism; Members of Parliament – Honourable Mudyiwa and Honourable Mufunga; sponsors
– The Ministry of Justice, Legal and Parliamentary Affairs (MoJLPA) and Centre for Applied
Legal Research (CALR); Knowledge Thinktanks; all participants including members of the
Press; and the Forest Hills resort. She also expressed sincere appreciation for invaluable
contributions which were informative, interesting, cross-cutting and covering various issues
such as immigration issues, transport, environment, gender and disability issues. She noted
that although some issues were controversial they were necessary to explore to enable people
to be better informed after discussions.
Thereafter, one of the participants gave a closing prayer, and the workshop was officially
closed.
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LIST OF ANNEXURES Annexure 1 Discussion Paper on the Alignment of the Tourism Act [Chapter 14:20]
Annexure 2 Day 1, Presentation of the National Tourism Policy – Mr Munyika
Annexure 3 Day 1, Presentation on Policy and Cabinet Resolutions to be incorporated in
the Review Process - Mr. Mavhembu
Annexure 4 Day 1, Alignment of the Tourism Act [Chapter 14:20] – Mr. Kaseke
Annexure 5 Day 1, What the Tourism Industry Expects from the Amended Tourism Act –
Zimbabwe Council for Tourism Representative
Annexure 6 Day 1, Outcomes of the Gender Based Alignment Workshop of the Tourism
Act- Mrs. Chinyerere
Annexure 7 Day 1, Presentation of Discussion Paper on Alignment of the Tourism Act
[Chapter 14:20] of 1996 – Mr. Mawere
Annexure 8 Thematic Group Work Questions for Day 1 and Day 2.
Annexure 9 Day 2, Tourism Act: Benchmarking with other Countries - Dr Marunda.
Annexure 10 Day 2, Tourism Act Benchmarking with other Countries – Mr. Zengeni.
Annexure 11 Report Back- Thematic Group Sessions, Day 1 , Group 1 Recommendations:
Gaps in the current Tourism Act [Chapter 14: 20] which need to be aligned.
Annexure 12 Report Back- Thematic Group Sessions, Day 1 , Group 2 Recommendations:
Provisions in the Constitution which inform the development of the Tourism
Act [Chapter 14: 20]
Annexure 13 Report Back- Thematic Group Sessions, Day 1 , Group 3 Recommendations:
Tourism best practices which Zimbabwe should adopt in the development of
the Tourism Act [Chapter 14:20]
Annexure 14 Report Back- Thematic Group Sessions, Day 1, Group 4 Recommendations:
Policy and Cabinet decisions which should be incorporated into the Tourism
Act [Chapter 14:20].
Annexure 15 Report Back - Thematic Group Sessions, Day 2, Group 1 Recommendations:
Objective, scope and structure of the Tourism Act
Annexure 16 Report Back - Thematic Group Sessions, Day 2, Group 2 Recommendations:
Objective, scope and structure of the Tourism Act
Annexure 17 Report Back - Thematic Group Sessions, Day 2, Group 3 Recommendations:
Objective, scope and structure of the Tourism Act
Annexure 18 Report Back - Thematic Group Sessions, Day 2, Group 4 Recommendations:
Objective, scope and structure of the Tourism Act
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Annexure 19 Day 2, Presentation on ‘Major Highlights of Stakeholder Recommendations
and Way Forward’ – Mr. Mavhembu
Annexure 20 List of Participants