From the Charman's Desk
FROM THE CHARMAN'S DESK:
I can't tell you how excited and honoured I am to be your new Chairman. I am truly humbled by the opportunity and responsibility of becoming the Chairman of the Association.
I have learned that despite incredible challenges on our farms and in the environments in which we operate, this association and this industry is incredibly aligned to face those challenges and strive to make that meaningful difference in the dairy industry. I have also learned that we are so fortunate to have an outstanding, first-rate Executive and Team at the office.
I want to thank you in advance for your support and engagement over the coming year.TOGETHER WE CAN!!! We must be focused and we must work together to tackle all challenges and opportunities.
Thank you to our sponsors and membership for supporting our 2nd Annual AGM hosted in Bulawayo. Without your continued support such events would not be a success. I would also like to acknowledge Ministry officials who graced the event, engaged and gave guidance throughout the AGM. I hope that all derived value from the varied activities at this year’s AGM, especially our first ever Dairy School.
Gideon Zenasi, our Extension Services Manager begins judging for the Small Scale Farmer of the Year scheduled for 1st October. Best of luck to participating farmers!
But, most importantly, I want to close by thanking Craig Follwell for his leadership. He has been, and I have seen it first-hand, a strong and passionate leader of ZADF. He has provided us with an insightful vision for the future and he, along with Linda Nielsen have helped us navigate some difficult challenges this past year. I want to offer you a heartfelt thank you and immense appreciation for all that you have done.
Going forward let us ALL strive for “INCREASED PRODUCTION FOR INCREASED VALUE”
EMMANUEL ZIMBANDU
National Chairman
A successful, informative and well-attended Zimbabwe Association of Dairy Farmers AGM and Congress 2015
A splendid and enlightening time was had by all who attended the second Annual General Meeting of the Zimbabwe Association of Dairy Farmers (ZADF) and the four days of events that were built around it, for the benefit of its members.
ZADF is just two years old. However, as the CEO’s presentation during the post-AGM Open Session on its own successes, and those of some highlighted Members demonstrated, this organisation has already made its mark in terms of ensuring all Members at every level have excellent access to information and training. ZADF is a proactive and powerful voice in the corner of all its members in every sector, from small scale rural, to large commercial, lobbying for and representing them to Government, its various agencies, and all service providers and organisations who affect their operations.
The four day event kicked off on the evening of 14 July with a lively Heifer Sale by video, and an opening cocktail party, followed by a light-hearted, yet very educational ‘Pub Quiz’ with all quiz questions dairy farming related. This was hosted by Dr Peter Edmondson from the UK, an always humorous presenter and frequent visiting dairy consultant and vet, who was much involved in the four days’ proceedings and in the Dairy School. The Quiz evening was very well attended and much enjoyed, the humour serving to cement the carefully chosen questions which were packed with useful dairy information.
The following morning, the AGM was held and office bearers for the next year of ZADF operations confirmed. An Expo was set up in the grounds of the venue and during the course of the day; delegates were able to meet various suppliers and dairy producers.
The Open Session following the formalities of the AGM was attended by several high level Government officials, including the Deputy Minister of Agriculture, the Honourable Paddy Zhanda, who has been working very effectively to create a favourable operating environment for dairy farmers nationwide. This was a lively and informative session, with several presentations by ZADF and Government representatives, many questions and answers from the floor and much useful discussion and engagement. The session ended on a positive note, with all inspired for the year ahead.
Following lunch, while the VIPs and some of the delegates were taken on an interesting tour of Kershelmar Dairy Factory, others were ferried to tour Penial Valley Farm, a nearby successful dairy venture. Both ours were very informative and much appreciated.
That evening, delegates relaxed and socialised at an enjoyable Gala Dinner, with VIPs in attendance. During the evening, the ZADF Dairy Oscar was announced and presented, to a surprised and delighted Dr Rachel Stewart, well-known and loved dairy specialist vet who has provided a superb service to the industry, much of this on a voluntary basis, over many years. She is viewed as an absolute mine of useful advice and information by Zimbabwean Dairy farmers and her focus on dairy has proved to be her life’s calling. She was also a presenter at the Dairy School and was much involved in the various activities at the Congress.
Dairy School on the next day proved a big hit. This innovation attracted a packed audience and sessions covered a wide range of very useful topics, taking the farmers back to basics as well as sharing innovations, refreshing them on the keys to success, and providing the opportunity to quiz the presenters and hold useful, educational discussions. Morning sessions were attended by all delegates while afternoon sessions offered breakaways on a variety of useful topics from which they could select.
The final morning offered a series of three tours of successful dairy farms in nearby areas, led by outgoing ZADF Chairman Crail Follwell. These were much enjoyed and brought the successful Congress to an end.
ZADF is definitely making its mark and serving its purpose well. Zimbabwean dairy farmers left inspired and uplifted, taking with them, a great deal of useful information and guidance for the year ahead!
We are urging farmers to be vigilant and wary of robbers masquerading as uniformed officers. There have been reports of armed robberies and shootings on farms in the Lowveld area on Jan Kotze’s farm.
The group approached the farmer ostensibly “to check up on firearms licenses” before turning on the farmer and his wife “tying him and his wife up and assaulting them to hand over money” after being asked to produce official identification.
Farmers please increase security on farm for your own safety!!!!!!
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GEORGE MAKINGS OPINION ON THE SUPREME COURT JUDGMENT IN THE MATTER OF DON NYAMANDE AND KINGSTONE DONGA VERSUS ZUVA PETROLEUM (PRIVATE) LIMITED SC 43/15
The above judgment was recently issued by the Supreme Court and it has created a huge stir in terms of whether it gives Employers the right to terminate the services of existing Employees merely by giving them the requisite notice as laid down in section 12 (4) of the Labour Act.
In my opinion the judgment has been wrongly read as being all embracing allowing the termination on notice of Employees from their employment in any circumstance.
I feel with respect to the Supreme Court that what the Court was asked to do was determine whether there exists in our law a right to terminate employment by notice or whether sections 12(4) or 12B of the Act effectively prevented that from happening.
With regard to these issues the Supreme Court found in my opinion very correctly that section 12(4) does nothing more than lay down what notice periods are applicable to what contracts. It does not seek to address the common law right that an Employer has to terminate employment by notice it just lets an Employer know what notice period he needs to give in respect of the various types of permanent and contractual employment. The point made is that if notice was no longer able to be given in any circumstance why bother to have periods of notice for different durations of contract. The Legislator is presumed not to legislate meaningless provisions in any Act it passes and promulgates. The common law right to terminate by notice is therefore not taken away by the wording of section 12(4) of the Labour Act
The second point as I see it that the Supreme Court was asked to determine was whether the provisions of section 12B have the effect of prohibiting the giving of notice. Again very correctly the Supreme Court found that 12B deals with the circumstance where an Employer is seeking to dismiss an Employee on a fault basis, where his behaviour has been such that his continued employment is untenable. Not all terminations are the same and termination by notice has no connection to a dismissal without notice arising from disciplinary grounds and as such it was found that it is a different form of termination and it has nothing in its wording that prevents termination by notice.
In the above circumstance the termination by notice of the employment of the two Zuva Employees was found to be lawful and their appeal was rejected.
However what was not addressed by the Supreme Court, again very correctly as it was not required to do so, is what happens if the termination is quite clearly one that fits snuggly into a disciplinary case or a retrenchment as laid down in section 12 B, C and D of the Act. Can one avoid the somewhat tedious and often expensive requirements of compliance with these sections when the case is clearly either a disciplinary one or a retrenchment by merely exercising your rights in terms of section 12(4)?
In my opinion if this was allowed what would effectively be happening would be to nullify by the use of section 12(4) rights that exist in 12B, C and D. It is clear in our law that one cannot read one section or subsection of an act as nullifying another section/subsection of the same act.
I believe that where one is dealing with a case that is clearly disciplinary or a retrenchment one has to comply with the relevant section of the Act and this cannot be avoided merely by the giving of notice. In the Labour Court judgment S Mnkandla and another versus Canape Investments and another LC/H/111/2015 the Labour Court correctly came to the conclusion that where the circumstances of a termination very ‘snugly’ fits into the definition of retrenchment one cannot avoid the need to retrench because you have given the employees notice or paid cash in lieu of notice.
If one wants to exercise the right to give notice that the Zuva Judgment is upholding I feel it needs to be exercised in circumstances where the dismissal is a no fault dismissal and where it is clear it is not a retrenchment in that the person whose employment is being terminated is not in a position that is redundant for any reason. Used sparingly and sensibly this case does open the door to termination in particular circumstances but I do not see it as a green light to massive terminations.
As with all case authorities coming out of the Supreme Court the legal niceties of exactly what the case means from an authoritative point of view will be subject to debate and further appeals to test the scope of the case so in time we will get a clearer picture, but I would urge caution here as if the seemingly wide scope of this authority is not as wide as it seemed in the first place terminations by notice in certain circumstances could be found to be unlawful requiring either re-instatement or payment of damages which could be expensive.
G MAKINGS
LEGAL PRACTITIONER
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CLINICAL AND SUBCLINICAL MASTITIS - Dr. Pete Edmonson
Mastitis can be divided into two types: clinical and subclinical.
With clinical mastitis the milker is able to detect changes to the milk and the udder. Clinical mastitis milk might appear watery, contain clots or even blood. In the more severe cases, the infected quarter may be swollen and the cow might be ill. The milker will detect clinical mastitis using his eyes to check the milk. Milk from cows with clinical mastitis will not enter the bulk tank and so does not affect the herd cell count.
With subclinical mastitis, the milk and the udder appear perfectly normal. The only way that subclinical infection can be detected is by the testing of milk and using tests such as the CMT or MasTest or individual cow cell counting. The milker cannot detect this in the parlour.
Subclinical mastitis is responsible for high herd cell counts. The reservoir of infection is the udder and infection is spread from cow to cow at milking time.
Available at ZADF Office; 46 Lawson Ave, Milton Park.
MILK CANS AND BUCKETS IN STOCK!
40 litre cans $200.00 Strainers $35.00
20 litre cans $ 85.00 Sieves $ 5.00
10 litre cans $ 30.00
15 litre buckets $ 30.00 - graduated
12 litre buckets $ 20.00
ALSO AVAILABLE ARE BRANDED ZADF FARMERS’ SHIRTS FOR $25.