‘Zimbabwe is open for business’: a legal perspective on the post-2017 use of Statutory Instruments

Abstract

ABSTRACT Post-2017 Zimbabwean laws have remained hostile to business, contradicting Emmerson Mnangagwa’s promise to citizens and the international business community to make Zimbabwe flourish economically. Seven million Zimbabweans were on the brink of starvation in 2018 forcing Mnangagwa to use Statutory Instruments (SIs) to promote business, create employment, and defeat poverty. Yet, many Zimbabweans remain prevented from meaningfully contributing to reviving the economy. This article considers if the Mnangagwa administration’s political priorities and economic choices have undermined the very legal framework of the SIs intended to promote business confidence amongst citizens. The aspiration to better the lives of citizens by implementing regional trade liberalisation policies is based on theories of flexible integration and derogation. This article interrogates the legal frameworks of selected Statutory Instruments (SIs) and evaluates their impact on Zimbabwean livelihoods. It argues that Mnangagwa’s administration has implemented SIs arbitrarily, making it difficult for citizens to contribute positively to the creation of wealth for all. This is important because it shows the dangers of subordinating economic policies under the political imperative to remain in power. Reform of the legal provisions of SIs is needed to balance the political and economic aspirations of citizens.