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From fat tax to betting tax: Mthuli Ncube plans to tax his way to growth 

HARARE

Finance
minister
Mthuli
Ncube
on
Thursday
announced
a
fast
food
fat
tax,
a
raid
on
income
from
betting
and
new
measures
to
tax
small
companies
as
the
cash-strapped
government
turned
to
even
more
creative
ways
to
boost
revenues.

Punters
will
see
10
percent
of
their
winning
bets
withheld
as
tax,
Ncube
told
MPs
in
the
National
Assembly
while
presenting
the
2025
national
budget
statement.

“Honourable
Members
would
be
aware
that
betting
is
popular
in
nature,
as
indicated
by
the
proliferation
of
sports
betting
houses
countrywide,”
Ncube
said.

“Sports
betting
punters
receive
income
from
winnings,
which
is
currently
not
taxable
under
personal
income
tax.
To
include
punters
in
the
tax
base,
I
propose
to
introduce
a
10
percent
withholding
tax
on
gross
winnings
of
sports
betting
punters,
with
effect
from
January
1,
2025.”


Ncube
announced
a
reduction
to
his
special
surtax
on
beverages’
sugar
content
announced
in
February,
but
announced
new
taxes
on
fast
foods
to
promote
healthy
living.

He
told
MPs:
“The
government,
in
February
2024,
introduced
a
special
surtax
of
US$0.001/g
on
added
sugar
contained
in
specified
beverages.
The
tax
is
applied
uniformly
on
both
ready
to
drink
and
cordials
or
concentrated
beverages.

“Representations
from
manufacturers
indicate
that
cordials,
due
to
their
concentrated
nature,
have
a
higher
sugar
content,
hence,
attract
a
higher
effective
tax
as
compared
to
ready-to-drink
beverages.
Common
practice,
however,
requires
that
the
tax
be
based
on
the
sugar
content
of
the
diluted
product.

“In
order
to
create
a
level
playing
field
between
ready-to-drink
and
cordials,
I
propose
to
review
the
Special
Surtax
on
Beverages’
Sugar
Content
on
cordials
from
US$0.001/g
to
US$0.0005/g,
with
effect
from
January
1,
2025.”

Ncube
said
“highly
processed
food
has
been
identified
as
one
of
the
factors
responsible
for
the
prevalence
of
obesity
and
associated
non-communicable
diseases,
hence,
the
need
for
government
to
promote
responsible
consumption
of
such
foods.”

A
fast
foods
tax
of
0.5
percent
on
the
sales
value
will
come
into
effect
from
January.
The
tax
will
be
imposed
on
sales
of
pizza;
burgers
and
hot
dogs;
shawarma;
French
fries;
chicken;
doughnuts
and
similar
products;
and
tacos.

“It
is
envisaged
that
the
proposed
tax
will
go
a
long
way
in
encouraging
operators
to
adopt
culinary
that
promote
healthy
eating,”
Ncube
said.

The
finance
minister
is
also
squeezing
the
informal
sector
to
contribute
taxes

from
small
grocery
shops,
hardware
operators
to
boutiques.

He
said:
“A
survey
into
the
operations
of
selected
enterprises
from
the
emerging
sector
shows
that
a
number
of
operators
are
engaged
in
significant
economic
activities,
hence,
qualify
to
contribute
to
the
fiscus
through
personal
and
corporate
income
taxes,
as
opposed
to
presumptive
tax.

“Notwithstanding
that
the
beneficial
owners
or
directors
of
such
companies
can
maintain
books
of
accounts,
operators
deliberately
conceal
records
from
the
tax
administrator,
under
the
pretext
that
such
operators
do
not
have
capacity
to
keep
records,
which
is
tantamount
to
tax
avoidance
and
evasion.”

He
said
he
would
be
prescribing
for
mandatory
registration
for
corporate
and
personal
income
tax
fabric
merchandisers;
clothing
merchandisers/boutiques;
spare
parts
dealers;
car
dealers;
grocery
and
kitchenware
merchandisers;
hardware
operators
and
lodges.

“I
propose
that
the
above-mentioned
operators
be
mandated
to
regularise
registration
of
their
operations
with
the
Zimbabwe
Revenue
Authority,
transact
through
point-of-sale
machines
and
maintain
records
of
all
transactions
by
January
1,
2025.”

Ncube
said
he
would
empower
ZIMRA
to
temporarily
close
businesses
which
fail
to
adhere
to
the
requirements
including
failure
to
register
for
tax
purposes
until
such
registration
and
payment
of
applicable
taxes
are
completed.

Small
businesses
failing
to
comply
will
be
compelled
to
pay
corporate
tax
of
between
US$9,000
up
to
US$15,000
per
quarter
in
the
case
of
hardware
stores.

Individuals
who
converted
residential
properties
to
business
properties
will
now
be
subject
to
rental
income
tax
at
a
rate
of
25
percent,
he
said.
Any
company
or
organisation
using
rented
premises
will
be
compelled
to
disclose
to
ZIMRA
the
rental
expense,
the
location
and
owner
of
the
property
for
purposes
of
rental
income
tax.

Proposing
a
freeze
on
government
recruitment,
Ncube
said
the
2025
allocation
for
employment
costs
of
ZiG
152.6
billion
or
56.4
percent
of
revenue
was
now
above
the
fiscal
rule
threshold
of
containing
employment
costs
at
maximum
of
50
percent
of
revenue.

“To
address
this
unsustainable
position,
revenue
enhancement
measures
will
be
implemented,
whilst
also
limiting
the
recruitment
of
additional
personnel
only
to
critical
sectors
such
as
health
and
education.
The
rationalisation
exercise
will
also
benefit
from
the
recent
Job
Evaluation
Exercise,
which
was
undertaken
by
the
Public
Service
Commission,
with
the
aim
to
have
a
fit
for
purpose
and
professional
civil
service,
with
the
capacity
to
deliver
quality
public
services,”
he
said.

In
rare
good
news,
Ncube
said
he
was
revising
the
tax
bands
following
a
recent
devaluation
of
the
ZiG
“to
provide
relief
to
taxpayers.”

The
new
tax-free
threshold
is
ZiG
2,800
per
month.
Employees
earning
between
ZiG
2,801
and
ZiG
8,400
will
pay
20
percent
tax
on
income,
rising
to
40
percent
for
workers
earning
more
than
ZiG
84,000.

The
finance
minister
said
revenues
during
2025
are
expected
to
top
US$7.5
billion
against
expenditures
of
US$7.7
billion.

He
expects
Zimbabwe’s
economy
to
grow
by
6
percent
in
2024,
from
2
percent
this
year.

Economist
Tinashe
Murapata
poured
cold
water
on
Ncube’s
growth
projects.

“He
argues
that
Zimbabwe
will
be
one
of
the
fastest
growing
economies
in
the
world
and
yet
at
the
same
time
introduces
hefty
consumer
taxes,”
Murapata
said.

Confusion reigns as Friday Zimbabwe Exemption Permit deadline looms

ZEP
holders
say
it
will
be
impossible
to
meet
the
deadline
while
application
backlogs
at
Home
Affairs
persist.

Without
a
one-year
exemption,
visa
or
waiver,
many
of
those
who
have
been
living
and
paying
tax
in
SA
for
more
than
15
years
are
at
risk
of
deportation.
Image:
AdobeStock

Zimbabwe
Exemption
Permit
(ZEP)
holders
say
it
will
be
impossible
for
them
to
meet
the
Friday
deadline
to
apply
for
a
further
one-year
exemption
because
of
backlogs
at
the
Department
of
Home
Affairs
(DHA).

ZEP
holders
have
until
Friday
(29
November)
to
apply
for
a
one-year
exemption
that
would
allow
them
to
stay
and
work
in
SA
until
November
2025.
After
this
date,
those
without
the
required
visa
or
waiver
are
theoretically
at
risk
of
deportation.

But
the
Friday
deadline
cannot
be
met,
says
the
ZEP
Holders
Association
(Zepha),
because
there
is
a
backlog
of
several
months
for
general
worker
visa
and
waiver
applications.

Zepha
expects
Minister
of
Home
Affairs
Leon
Schreiber
to
extend
the
deadline,
as
was
done
by
his
predecessor
Aaron
Motsoaledi
in
2023.


‘Self-created
crisis’
for
Home
Affairs

“The
November
2024
deadline
for
the
ZEP
is
yet
another
self-created
crisis
for
the
Department
of
Home
Affairs,”
says
Advocate
Simba
Chitando,
who
is
representing
Zepha.
“Many
ZEP
holders,
for
the
same
bureaucratic
constraints
within
the
Department
that
have
haunted
government,
will
not
be
able
to
make
the
deadline
for
no
fault
of
their
own.”

Many
ZEP
holders
have
been
unable
to
get
appointments
at
VFS
Global
offices,
where
permit
applications
are
handled
on
behalf
of
DHA.

“Last
week
the
minister
admitted
that
some
of
their
systems
are
overwhelmed.

“I’ve
no
doubt
that
he
will
have
no
choice
but
to
extend
the
deadline
yet
again
to
avoid
a
catastrophic
failure
to
document
ZEP
holders,”
adds
Chitando.

“In
my
view,
the
ZEP
crisis
could
have
been
avoided
years
ago
if
the
government
had
not
made
the
decisions
that
the
courts
have
found
to
be
unlawful,
and
instead
allowed
ZEP
holders
to
apply
for
permanent
residence
in
the
country
after
living
in
South
Africa
lawfully
for
the
prescribed
time
to
qualify
for
residency
in
the
Republic.”


Years
of
uncertainty 

Some
178
000
ZEP
holders
in
SA
have
faced
an
uncertain
future
in
SA
for
years.

The
previous
permit
expiry
date
in
November
2023
was
extended
for
another
two
years
under
the
condition
that
Zimbabwean
and
Lesotho
exemption
permit
holders
could
not
thereafter
apply
for
permanent
residence
in
SA.

This
is
currently
being
challenged
in
court,
with
ZEP
holders

many
of
them
living
and
paying
tax
in
SA
for
more
than
15
years

claiming
the
minister
has
the
authority
to
grant
them
permanent
residence.

While
the
two-year
extension
in
2023
gave
ZEP
holders
some
breathing
space,
it
did
not
remove
the
uncertainty
of
their
legal
status
in
SA,
or
that
of
their
families.
ZEP
holders
were
instructed
to
apply
for
alternative
visas,
such
as
a
general
worker
visa,
to
cement
their
legal
status
in
the
country.

“Unfortunately,
it
seems
this
deadline
causes
headaches
for
many
as
they
struggle
to
secure
submission
dates
at
offices
of
VFS
Global
[which
handles
visa
and
waiver
applications
for
DHA],”
says
Xpatweb,
which
provides
services
to
expatriates.


New
systems

Schreiber
launched
a
new
system
to
issue
visas
digitally
via
email,
which
helped
in
the
processing
of
more
than
60
000
ZEP
waiver
applications,
many
of
them
dating
back
to
2022.
ZEP
holders
now
receive
waiver
letters
via
email,
a
system
that
is
being
extended
to
other
visa
applicants.

Marisa
Jacobs,
MD
of
Xpatweb,
says
ZEP
holders
who
applied
and
received
waivers
can
then
submit
their
applications
for
general
work
visas.

In
October,
the
DHA
introduced
a
new
points-based
system
for
work
visas
to
combat
corruption
and
inefficiency
and
reduce
red
tape.

The
use
of
a
transparent
points
scale
allows
DHA
to
objectively
determine
who
qualifies
for
a
critical
skills
or
general
work
visa.


Home
Affairs
clean-up

Schreiber
has
been
commended
for
starting
to
clean
house
at
DHA,
recently
dismissing
18
officials
across
the
country
for
a
range
of
offences
including
fraud,
corruption,
and
sexual
harassment.
A
further
four
were
given
written
warnings.

The
offences
include
irregular
processing
and
granting
of
ID
documents,
marriage
certificates,
passports
and
visas.

“The
dismissal
and
disciplining
of
errant
officials
[is]
the
result
of
the
further
intensification
of
our
clampdown
on
corruption,
fraud
and
maladministration,
and
reflects
the
intensification
of
cooperation
between
Home
Affairs,
the
Special
Investigating
Unit,
and
the
Hawks,”
said
Schreiber.

“Where
prosecutable
offences
have
been
committed,
the
dockets
will
be
referred
for
criminal
prosecution.”

Zimbabwe court frees opposition leader on suspended sentence after 5 months in detention


HARARE,
Zimbabwe
(AP)

A
Zimbabwean
court
freed
an
opposition
leader
and
34
activists
Wednesday
after
sentencing
them
to
suspended
prison
terms
for
participating
in
what
authorities
termed
an
unlawful
gathering.

Magistrate
Collet
Ncube
sentenced
Jameson
Timba,
interim
leader
of
a
faction
of
the
splintered
Citizens
Coalition
for
Change
party,
to
a
suspended
two-year
prison
term
after
he
and
the
activists
had
been
held
for
more
than
five
months
in
custody.
The
activists
received
lesser
prison
terms,
also
wholly
suspended.

The
magistrate
convicted
Timba
and
the
activists
last
week.
He
acquitted
30
others
who
had
been
detained
alongside
Timba.

Police
arrested
them
at
Timba’s
residence
in
the
capital,
Harare,
and
charged
them
with
disorderly
conduct
and
participating
in
a
gathering
with
the
intent
to
promote
violence,
breaches
of
peace
or
bigotry.
The
court
acquitted
them
of
the
disorderly
conduct
charges
in
September.

Their
lawyers
said
they
were
at
the
house
for
a
barbecue
to
commemorate
the
Day
of
the
African
Child,
a
calendar
event
of
the
African
Union.

Amnesty
International
described
the
detention
as
“part
of
a
disturbing
pattern
of
repression”
by
Zimbabwean
authorities
under
President
Emmerson
Mnangagwa
and
called
for
an
investigation
into
allegations
that
some
of
the
activists
were
tortured
while
in
police
detention.

Mnangagwa’s
ruling
ZANU-PF
party
has
long
been
accused
of
using
the
police
and
courts
to
quash
opposition,
including
under
the
autocratic
former
President
Robert
Mugabe,
who
ruled
for
37
years
before
Mnangagwa
replaced
him
in
a
coup
in
2017.

Post
published
in:

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Alerts
.


The Lawyer Behind Canned Cranberry Sauce – Above the Law


What
lawyer
first
came
up
with
the
concept
of
canned
cranberry
sauce?


Hint:
It
was
part
of
an
effort
to
extend
the
selling
period
of
his
staple
crop.
Years
after
canned
cranberry
sauce
had
become
mainstream,
he
said
of
the
innovation,
“I
felt
I
could
do
something
for
New
England.
You
know,
everything
in
life
is
what
you
do
for
others.”



See the
answer
on
the
next
page.

Law Firm Confidentiality Can’t Be Left To The Honor System – Above the Law

A
law
firm
left
its
confidential
internal
documents
with
juicy
information
unprotected
and
was
shocked,
SHOCKED
to

find
out
attorneys
read
them
.
Pam
Bondi
is
next
at
bat
for
the
Attorney
General
job.
While
her
decision
to
drop
an
official
investigation
into
Trump
University

conveniently

after
he
started
supporting
her
will
get
a
lot
of
attention,
don’t
sleep
on
the
TAIL
of
her

fight
over
another
family’s
dog
.
And,
finally,
we
have
an
un-bear-ably
wild
tale
of

a
“bear”
attack
on
luxury
cars
.

With Big-Time Profits, Biglaw Dealmakers Sure Are Thankful 2024 Was A Busier Year – Above the Law



Ed.
note
:
Welcome
to
our
daily
feature,

Quote
of
the
Day
.


As
optimism
about
the
deal
market
continues
to
return
and
companies
and
private
equity
sponsors
alike
look
to
transact
through
the
end
of
this
year
and
beyond,
we
expect
more
M&A
activity
is
likely
in
the
pipeline
on
the
back
of
the
tailwinds
of
a
recovering
M&A
cycle
more
generally.
We
are
thankful
for
the
continued
opportunity
to
partner
with
our
clients
on
some
of
their
most
strategic
and
important
transactions
over
the
course
of
this
year
and
are
looking
ahead
to
what
lies
in
store
for
2025.





Katherine
Kraus
,
a
partner
in
Simpson
Thacher
&
Bartlett’s
corporate
department,
in
comments
given
to
the

American
Lawyer
,
on
what
she
and
her
dealmaker
colleagues
are
thankful
for
this
year.



Staci ZaretskyStaci
Zaretsky
 is
a
senior
editor
at
Above
the
Law,
where
she’s
worked
since
2011.
She’d
love
to
hear
from
you,
so
please
feel
free
to

email

her
with
any
tips,
questions,
comments,
or
critiques.
You
can
follow
her
on

X/Twitter

and

Threads

or
connect
with
her
on

LinkedIn
.