Trade Measures Act
- Commenced on 1 February 1974
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Trade Measures Act [Chapter 14:23].
2. InterpretationIn this Act—“article” includes any liquid, food, ware, merchandise, commodity and other goods of any description and any article and its package;“assize”, in relation to measuring equipment, means to examine and test in the prescribed manner and, if found correct, stamp with the stamp of assize and provide with the seal of assize, where prescribed, in accordance with this Act;“authorized unit” means a unit referred to in section four and “unauthorized unit” shall be construed accordingly;“base unit” means a unit referred to in section three;“Board” means the Trade Measures Board established in terms of section eleven;“correct”, in relation to measuring equipment, means correct within such limits of error and with such sensitiveness as may be prescribed;“examiner” means a person appointed as an examiner in terms of section ten;“inspector” means a person appointed as an inspector in terms of section ten and includes the Superintendent;“measure” means a measuring instrument representing an authorized unit or a multiple or submultiple thereof;“measuring equipment” means equipment, including a measure, used for measuring length, area, volume, mass or number, and includes any mass measuring equipment which computes prices or numbers;“Minister” means the Minister of Industry and Commerce or any other Minister to whom the President may, from time to time, assign the administration of this Act;“officer” means a person appointed as an officer in terms of section ten;“pre-packed”, in relation to an article, means packed or made up in advance ready for sale in a wrapper or container;“purchaser” includes a person acting on behalf of a purchaser;“re-assize”, in relation to measuring equipment, means to examine and test in the prescribed manner and, if found correct, issue to the owner or user of measuring equipment a certificate indicating that the measuring equipment has been re-assized;“rejected”, in relation to measuring equipment, means stamped with a prescribed rejection mark; “repealed Act” means the Weights and Measures Act, 1959 (No. 18 of 1959);“sale by retail” means a sale to a person buying otherwise than for the purpose of resale, but does not include a sale to a caterer or manufacturer for the purposes of his catering or manufacturing business, as the case may be;“seal of assize” means a prescribed seal of assize;“sell” includes—(a)to offer, advertise, expose, keep, possess or prepare for sale;(b)to exchange or dispose of for any consideration;“stamp” includes to cast, engrave, etch, print or otherwise mark in such manner as to be as far as possible indelible;“stamp of assize” means a prescribed stamp of assize;“standard” means a Zimbabwe, local or working standard measure, as the case may be, referred to in section five;“Superintendent” means the Superintendent of Trade Measures appointed in terms of section ten;“trade” includes any contract, bargain, sale or dealing and generally any transaction for any consideration in pursuance of which articles are measured or counted but does not include any contract or bargain for sale of or dealing in land or an interest in land;“unassized” means not assized or, in relation to measuring equipment which in terms of this Act should have been re-assized, not re-assized;“use in trade”, in relation to measuring equipment, means the use thereof for measuring or counting in trade.
Part II – Units and standards
3. Definitions of base units
4. Authorized units of measurementThe authorized units in Zimbabwe shall be—
5. Zimbabwe, local and working standards
6. Replacement of standardsIf at any time a standard is lost, destroyed, defaced, damaged or found by the Minister to be unsuitable, the Minister shall cause that standard to be replaced by a new standard.
7. Authentication of standards
8. Verification of standards
9. Equipment for administration of this ActThe Minister shall procure such suitable measuring equipment, appliances and facilities as may be necessary for the purposes of this Act, and shall provide for such repair, adjustment, maintenance, verification and replacement of the measuring equipment, appliances and facilities as may be required.
Part III – Administration
10. Appointment of officers
11. Trade Measures Board
12. Certificates in respect of design or pattern of measuring equipment, etc.
Part IV – Assizing of measuring equipment and owners of officials
13. Measuring equipment used in trade to be assized or re-assized
14. Inspectors to reject certain measuring equipment
15. Powers of entry and inspection
16. Powers to prohibit sale of articles
Part V – Sale of articles and use of measuring equipment
17. Contracts to be made by reference to authorized unit
18. Containers marked with unauthorized units
19. Sale and delivery of articles
20. Sale of pre-packed articles
21. Provision and operation of equipment for measuring mass
23. False statements as to measurements, etc.
24. Prohibition of use of certain measuring equipment
25. Lawful use of certain unassized measuring equipment, etc.
26. Repairs to measuring equipment, etc.
Part VI – General
27. Safeguards to tradersIn any proceedings in terms of this Act in respect of an alleged deficiency of length, area, volume or mass of any pre-packed article or of bread, the court shall disregard any inconsiderable variation in the measurement of a single article and shall have regard to the average measurement of a reasonable number of other articles of the same kind, if any, sold by the accused or in his possession for the purpose of sale, on the same occasion, and generally to all the circumstances of the case.
28. Documents to be prima facie evidence
29. Burden of proof
31. Act or omission by manager, agent or employee
32. Regulatory powers of Minister
History of this document
01 February 1974