By Dr Masimba Mavaza | In order to protect the masses from the iron jaws of the Coronavirus which has savagely ravaged the world, claiming hundreds of thousands of people in the process, the government has enacted the Statutory Instrument 96 of 2020.

S.I. 96 of 2020 (CAP. 10:20
This is the Presidential Powers (Temporary Measures) (Deferral of Rent and Mortgage Payments During National Lockdown) Regulations, 2020. This Statutory instrument is meant to protect tenants from eviction if they fail to pay on time for the period of the Coronavirus lockdown. This is to ensure that anyone struggling with rental payments due to the coronavirus induced lockdown.

The statutory instrument does not absolve tenants from paying rent but do give them a relief and allow them to spread the payment. This is a way to alleviate the burden on the masses. It is indeed a bold move by the President to get involved in the lodgers landlord affairs. In order to help the land lords on mortgage the lenders are requested not to repossess the houses of those who are behind in their payments. To make sure that this is followed the government instructs courts to to grant any application for repossession or for eviction.
So sink with this noble idea President Mnangagwa has invoked his temporary powers to allow rent payments for residential property and mortgage payments to be deferred during the lockdown because many people are not earning income during the period. During lockdown means only the period of lock down should be spread across the six month to cover the debt or to catch up with the backlog.

Section 3 subsection 1 a to b iv
3. (1) Notwithstanding anything to the contrary in any other law (statutory or non-statutory), for the duration of the national lockdown (and any extension thereof), but subject to this section, a person occupying rented accommodation for residential purposes—

(a) is hereby granted a deferral in terms of these regulations of the obligation to pay such rental during the period of the national lockdown; subsection b prohibits courts from making any order for eviction or ejectment. So these being presidential powers they bind all courts therefore to refrain from admitting on the role and to even preside over a case of rentals which cover the period of the lockdown. This statutory instrument delays the payment it gives the tenants time to get the money for rent and giving land lords the negotiating instrument for easy repayment scheme.

Deferred rent for residential property or deferred mortgage payments have to be made when the lockdown ends, but in three equal monthly payments for each month of lockdown. This means that an arrear of one month must be paid in three months on equal payments. Making it easier if rent is 60 dollars a month you will pay 20 dollars for three months to cover the full rent of the lockdown month. While you are paying your back log your current month out of lock down is due. This means that if you are paying 60 pounds a month rent you will then top up with the 20 dollars to offset your arrears of the lockdown back log.

These payments become due in the month immediately following the month during which, or at the end of which, the lockdown ends, but legal proceedings can only start 14 days after the due date.

The tenants have been celebrating for an offside score. They believed they are exempted from making payments for the period of lockdown. This confusion has led to some tenants believing that they do not need to pay rent. It is simply an adjournment of the paying proceedings and when lockdown is over Noma ndiyo ndiyo.
While the law gives a holiday a break from payment it does not stop those who can pay to make a payment.

Any amount available can be paid and will then be topped up after the lockdown. So the President has cast a thick protective instrument around tenants not to be evicted for none payment of rent during lockdown. They should be seen to be willing to pay when the Corona dust clears. The other interesting point is that evictions are banned for any other reason which is not rent related. This means noisy tenants and drunk boozers will stagger in and out their lodgings with no fear of reprisals but for a night. This means those nosey landlords and bullies overriding landlords will have to chill for a while.

And it does not matter whether the residential accommodation is rented in terms of a statute law or a contract.

Now the problem is this holiday ends exactly fourteen days after the lockdown payment will be due and wheels of courts will be turning and the party will be over.

The rules are clear, rent payments must be maintained where possible, This must be very clear and tenants must not assume that they have been given a right not to pay rent.
“What it does allow is that where a tenant is having genuine difficulty in meeting their rent payment because of a loss of income, landlords have much greater flexibility to agree a mutually acceptable plan with the tenant to defer the rent due.
“This is not a green light to tenants everywhere to stop paying their rent.”

Now the purpose of the Statutory instrument while very noble has a lot of holes. How on earth and in our economy will a tenant who lost income during lock down will recover in fourteen days. This does not make sense.

The relief must be reasonable and not tantalising. There is no point in prolonging the suffering of the tenants or setting them in the path of marauding mean landlords who will feel unleashed on the defense less tenants whose protection has been lifted.

Considering that fifty percent of the tenants are informal traders and while on lockdown their places of business were razed down.
The city and town councils did not sympathise with the traders who were staying at home to protect the nation in a fight against COVID 19.
Furthermore it is not practical to increase the rent by a third in an income starved populace.

The effects of the Corona is not only health it touches every aspect of the livelihood of the nation.
The nation is in a declared state of disorder and it needs each person to work.

The only problem the good statutory instrument have is it has no a penal section. It does not tell you what will happen to you if you breach such an instrument. It does not have an enforcement section to force compliance. This makes it a toothless bull dog. Fierce but no force. It is a noble instrument but no full stop. No cutting edge and looks sharp but can not cut.

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