Provided that this subsection shall not apply to any advertisement concerning seed
which bears a mark which is registered as a certification mark in terms of the Trade
Marks Act [Chapter 26:04].
(3) It shall be a sufficient defence for any person, other than the person selling the
seed to which the false advertisement relates, who is charged with a contravention of
subsection (1) if he proves to the satisfaction of the court that he did not know, and
could not reasonably be expected to have known, that the advertisement was false in
any respect.
20
Preservation of secrecy
Any person who discloses, except to the Minister or to any other person for the
purpose of the performance of his duties or the exercise of his functions under this
Act or when required to do so by any court or under any law, any information
acquired by him in the exercise of any function under this Act, in relation to the
business affairs of any other person, shall be guilty of an offence and liable to a fine
not exceeding one thousand dollars or to imprisonment for a period not exceeding
twelve months.
21
Limitation of actions against state
No claim shall lie against the State, the Minister or a seed analyst, seed inspector or
other employee of the State for anything done in good faith and without negligence
under the powers conferred by this Act.
22
Testing of seed and publication of results
The Minister may direct that seed of a particular variety or varieties which is
advertised, offered or displayed for sale in Zimbabwe shall be tested and may
authorize the publication in such manner as he thinks fit of the results of any such
test.
23
Prohibitions on production or sale of seed
(1) Subject to this section, the Minister may, by order in the Gazette, prohibit—
(a)
the production for the purposes of sale; or
(b)
the sale for the purposes of reproduction or multiplication;
of seed, whether certified or uncertified, of a particular kind or variety by any person
or body, other than a person who or body which certifies that particular kind or
variety of seed on behalf of a person or body designated in terms of paragraph ( f ) of
subsection (1) of section thirteen.
(1a) Subject to this section, the Minister may, by order in the Gazette, prohibit the
production, multiplication, sale or importation of seed—
(a)
which, if used as reproductive material in Zimbabwe, would be likely
to cause a deterioration in any domestic variety of plant, whether through crosspollination, physical admixture or other means; or
(b)
which is unsuitable for use in Zimbabwe; or
(c)
the use of which would not be in the general interests of agriculture,
forestry or horticulture in Zimbabwe;
[subsect (1a) inserted by Act 11 of 2001 with effect from 27th July, 2001]
(2) Before issuing a prohibition order the Minister shall cause to be advertised in the
Gazette and in a newspaper circulating in Zimbabwe notice of his intention to issue
the prohibition order and calling for any objections to be lodged with the Registrar in
writing within one month of the date such notice is first advertised in the Gazette.
(3) If, after the expiry of the period referred to in subsection (2) and after giving
consideration to any objections lodged in terms of that subsection, the Minister still
intends to issue the prohibition order, he shall cause to be advertised in the Gazette
and in a newspaper circulating in Zimbabwe a draft of the proposed prohibition order
and notice that the proposed prohibition order will be published on such date, being