MINISTRY OF TOURISM AND HOSPITALITY INDUSTRY · 10/29/2015 · 1110-1130hrs Presentation on the...

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


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


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.

24 | P a g e

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.


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:


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:


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.




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:


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.




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

32 | P a g e

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.


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




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.


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



sections)

- Omnibus Act which is sectionalised

- Defines specific functions without ambiguities

- Corporate governance included in the Act.

35 | P a g e





19 Annexure 18 Report Back - Thematic Group Sessions, Day 2, Group 4 Recommendations: Objective, scope



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



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.


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


presentation of group 1- 4’s findings.

STRUCTURE



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.


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


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).

38 | P a g e

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.

39 | P a g e

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.


Provisions in the Constitution which inform the development of the Tourism

Act [Chapter 14: 20]


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







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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

MINISTRY OF TOURISM AND HOSPITALITY INDUSTRY · 10/29/2015 · 1110-1130hrs Presentation on the...

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