A Legal expert in the ministry of justice has revealed that the statutory instruments No 76 and 80 of 2016 are illegal as they did not undergo a Regulatory Impact Assessment.
The expert has disclosed that Transport minister Brian Mushimba ignored the provision of the Business Regulatory Review Agency under the ministry of Commence which demands all regulations to undergo consultation and Regulatory Impact Assessment be being implemented.
Article 199 of the republican constitution read together with the BRRA Act No. 3 of 2014, a tax or regulation is not to be imposed but conduct consultations and conduct a Regulatory Impact Assessment to determine its effects.
According to the Business Regulatory Review Agency act of 2014 all regulations or tax should not be implemented before undergoing an impact assessment to determine some flaws that comes with the regulation.
Statutory Instrument No. 80 of 2016 restricts on driving Hours regulations whilst the Statutory Instrument No. 76 of 2016 restricts the night travel of public service transport and freight tracks
Brain Mushimba signed the statutory instruments and banned the night freight movement of goods without consultation from stakeholders and even the BRRA which became operational in January 2016.
The expert has since advised the stakeholders aggrieved with the two SIs to stop negotiating with the ministry rather take the matter to the courts of Law.