General Laws Amendment Act, 2016 (Act No. 3 of 2016), Zimbabwe, WIPO Lex

Main text(s)

English General Laws Amendment Act, 2016 (Act No. 3 of 2016)

2016 GEN"ERAL LAWS AlvlliNDMENT No.3

ZIMBABWE

ACT To make amendments to Acts to bring them into conformity with the

Constitution; and to provide for matters connected with or incidental to the foregoing.

ENACTED by the Parliament and the President of Zimbabwe.

1 Short title

This Act may be cited as the General Laws Amendment Act, 2016.

2 Amendment of various Acts

The Act specified in each Part of the Schedule is amended to the extent specified in that Part.

3 Certain references in statutory instruments

Where, in a statutory instrument that was in force immediately before the date of commencement of this Act, there is any reference to-

(a) the Attorney-General, it shall be substituted by a reference to the "Attorney-General" or the "Prosecutor-General", whichever is required by the enabling Act under which the statutory instrument is made;

(b) the Prison Service or the Prison Service Commission, it shall be substituted by a reference to the "Prisons and Correctional Service" or the "Prisons and Conectional Service Commission";

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No.3 GENERAL LAWS AMENDM:ENT 2016

(c) a president, 'vvith reference to a president of the Administrative Court or the Labour Court, it shall be substituted by a reference to a "judge".

SCHEDULE (Section 2)

.A.MI!.N"IJMENT oF VARious Acrs

PART I

lNTERPREfATION Acr [CHAPTER 1:01]

1. In section 2 ("Interpretation")-

(a) in the definition of "Consolidated Revenue Fund" by the deletion of "section 101" and the substitution of "section 302";

(b) by the insertion of the following definitions-

'"'Constitutional Court" means the Constitutional Court referred to in section 166 of the Constitution;

"Declaration of Rights" means the Declaration of Rights set out in Chapter 4 of the Constitution;";

(d) in the definition of "High Court" by the deletion of "subsection (1) of section 81" and the substitution of "section 170";

(e) by the repeal of the definition of "Prison Service" and the substitution of-

""Prisons and Correctional Service" means the Prisons and Correctional Service referred to in section 227 of the Constitution;";

(f) in the definition of "Supreme Court" by the deletion of "subsection (1) of section 81" and the substitution of "section 168";

(g) by the repeal of the definition of "Administrative Court" and the substitution of the following-

""Administrative Court" means the Administrative Court referred to in section 173 of the Constitution;";

(h) by the repeal of the definition of "Police Force" and the substitution of the following-

""Police Service" means the Police Service referred to in section 219 of the Constitution;";

(i) by the repeal ofthe definition of"Public Service" and the substitution of the following-

""Civil Service" means the Civil Service referred to in section 199 of the Constitution;";

(j) by the repeal of the definition of Public Service Commission and the substitution ofthe following-

""Civil Service Commission" means the Civil Service Commission referred to in section 202 of the Constitution;".

2. By the insertion in Part II after section 3 of the following section-

"3A Fundamental principles of statutory interpretation in relation

to Constitution

(1) When interpreting an enactment-

2016 Gi~'ERAL LAWS ArvmNDl\1El'<'T No.3

(a) effect must be given to the intention of the Legislature as expressed by the enactment, subject to the principle of the supremacy of the Constitution as enacted by section 2 of the Constitution;

(b) to the extent that the intention of the Legislature is shown to be in conflict with the spirit, purport and objects of the Constitution, and in patticular with the Declaration of Rights, the spirit, purport and objects of the Constitution must prevail;

(c) any reasonable interpretationofanenactmentthatis consistent vvith the Constitution must be prefened over any alternative interpretation that is inconsistent with the Constitution;

(d) ifany provisionofanenactment is held to be unconstitutional or invalid for any other reason, the enactment as a whole is not thereby invalidated unless a comt finds that the remaining provisions of the enactment are so essentially and inseparably connected with, and so depend on, the void provision, that it cannot be presumed that the Legislature would have enacted the provisions without the void one, or unless the courtfinds that the remaining provisions, standing alone, are incomplete and incapable of being executed in accordance with the legislative intent.

(2) For the avoidance of doubt it is declared that this section does not preclude the application in appropriate cases of other rules or principles ofstatutory interpretation, whether in relation to the Constitution or othenvise.".

3. In section 37 ("Assignment of Vice-Presidential or Ministerial functions")-

(a) in subsection (1), by the deletion of "section 31D" and the substitution of "section 104";

(b) in subsection (2), by the deletion of "section 31C or 31D" and the substitution of" section 94 or 104";

PART II

PARLIAMENTARY PENsioNs Ac'T [CHAPTER 2:02]

1. In section 2 ("lnterpretation")-

(a) in subsection (1)-

(i) in the definition of "Deputy Minister" by the dCletion of "section 31D" and the substitution of "section 104";

(ii) in the definition of"Minister" by the deletion of"section3lD" and the substitution of "section 92";

(b) by the repeal of subsection (2) and the substitution of-

"(2) Any reference in this Act to a member of Parliament shall be construed as including a reference to the Speaker of the National Assembly and the President of the Senate.";

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2. In section 8 ("Calculation of pension")(4) by the deletion of "section 63"and the substitution of "section 143".

3. In section 21 ("Accrual of benefits") by the deletion of "section 63" and the substitution of "section 143".

PART III

PARUAMENTARY SALARIES, Au.owANCES AND BENEFITs Acr [CHAPTER 2:03]

1. In section 2 ("Interpretation")-

(a) in the definition of "Deputy Minister" by the deletion of "section 31D" and the substitution of "section 104";

(b) in the definition of "Minister" by the deletion of "section 31D" and the substitution of "section 92";

(c) in the definition of"Parliamentary Legal Committee" by the deletion of "section 40" and the substitution of "section 152";

(d) in the definition of"Vice-President" by the deletion of"section 31C" and the substitution of"section 92".

2. In section 5 ("Persons acting as President") by the deletion of"section 31" and the substitution of "section 100".

3. In section 7 ("Persons acting as Speaker")-

(a) in the introductory words by the deletion of "Parliament" where it occurs for the first time and the substitution of "the National Assembly";

(b) by the repeal of paragraph (b) and the substitution of-

"(b) he or she ceases sooner to perform the functions of the Speakerof the NationalAssembly in the circumstances mentioned in section 126 of the Constitution.".

4. In section 8 ("Prescribing of benefits and other matters") (2) (e) by the deletion of "subsection (2) of section 45" and the substitution of "section 153".

PART IV

PREsiDENTIAL PENsiON AND RETIREMENT BENEFITs Acr [CHAPTER 2:05]

1. In section 2 ("Pensions payable to former Presidents and surviving spouses") (5) by the deletion of "section 63" and the substitution of "section 143".

2. In section 4 ("Special payment to first former President on vacation of office") (3) by the deletion of "section 63"and the substitution of "section 143".

3. In section 6 ("Circumstances in which pensions, etc., not payable") (3) (a) by the deletion of "subsection (3) of section 29" and the substitution of "97".

PARTV

PRiviLEGES, IMMUNITIES AND PoWERS OF PARUAMENT Acr [CHAPTER 2:08]

1. In section 2 {"Interpretation")-

(a) by the repeal of the definitions of"officer of Parliament" and "Secretary" and the substitution of-

""officer ofParliament" means the Clerk or any other person appointed to the staffof Parliament in terms ofsection 154(4) the Constitution;

2016 GENERAL LAWS AMl3NlJtv!EN"f No.3

"Clerk" means the Clerk of Parliament or any person acting for the Clerk of Parliament";

(b) in the definition of "Speaker" by the deletion of "section 39" and the substitution of "section 126 and section 127";

2. In section 5 ("Freedom of speech and debate"), by the repeal of subsection (3) and the substitution of-

"(3) It is declared for the avoidance ofdoubt that a member shall not be liable to any civil or criminal proceedings, arrest or imprisonment or damages for an;thing said in, produced before or submitted to Parliament or any of its committees.".

3. In section 6 ("Stay of proceedings in cases of privilege'')(l), by the deletion of "Secretary" and the substitution of "Clerk".

4. In section 7 ("Exemption from attendance at court")(3), by the deletion of "Secretary" and the substitution of "Clerk".

5. In section 10 ("Summonses") by the deletion wherever it occurs of"Secretary" and the substitution of "Clerk".

6. In section 16 ("Jurisdiction of Parliament") by the insertion of the following subsection after subsection (4)-

"(5) In determining whether to exercise its powers and jurisdiction for the purpose ofjudging and pronouncing upon the commission ofany act, matter or thing in this Part declared to be an offence, and awarding and executing the punishments provided by this Part for the commission of that offence, Parliament shall be guided, but not bound, by the principle that if, in the given circumstances of the offence, a criminal court might reasonably be expected to impose a sentence of imprisomnent without the option of a fine, or a sentence of imprisonment in conjunction with a fine, then the Prosecutor-General ought to be requested to institute a prosecution of the offence in terms of section 22.".

7. In section17 ("Member not to vote on matters in which he has a direct pecuniary interest") by the repeal of subsection (1) and the substitution of-

"(1) Subject to subsection (2), a member who, in or before Parliament or a committee, votes upon or takes part in the discussion of any matter in which he or she has a direct pecuniary interest shall be guilty of an offence and liable-

(a) where the Prosecutor-General has, in terms of section 22, instituted the prosecution, to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment; or

(b) where Parliament sits as the court by virtue of section 3(b), to a fine not exceeding twice the amount of the maximum fine in level fomteen or, in default of payment of the fine, to imprisonment for a period not exceeding one year.".

8. In section 18 ("Prohibition against fees, etc., for promoting or opposing proceedings in Parliament") by the repeal of subsection (2) and the substitution of-

"(2) A person who contravenes subsection (1) shall be guilty of an offence and liable-

(a) where the Prosecutor-General has, in terms of section 22, instituted the prosecution, to a fine not exceeding level seven or to imprisonment

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for a period not exceeding one year or to both such fine and such imprisonment; or

(b) where Parliament sits as the court by virtue of section 3(b), to a fine not exceeding twice the amount of the maximum fine in level fourteen or, in default of payment of the fine, to imprisonment for a period not exceeding one year;

and, in addition, he or she shall be liable to repay the amount or value of the fee, compensation, gift or reward accepted or received by him or her.".

9. In section 19 ("Prohibition against fees, etc., for promoting or opposing proceedings in Parliament") by the repeal of subsection (2) and the substitution of-

"(2) Any person who wilfully and corruptly gives before Parliament or a committee a false answer to any question material to the subject of inquiry which is put to him or her in the course of any examination shall be guilty ofan offence and liable-

(a) where the Prosecutor-General has, in terms of section 22, instituted the prosecution, to the punishments and penalties prescribed by law for perjury; or

(b) where Parliament sits as the court by virtue of section 3(b), to a fint~ not exceeding twice the amount of the maximum fine in level fourteen or, in default of payment of the fine, to imprisonment for a period not exceeding two years.''.

10. By the repeal of sections 20 and 21 and the substitution of-

"20 Penalty for printing or tendering in evidence reports, etc.,

falsely purporting to be printed under parliamentary authority

Any person who-

(a) prints or causes to be printed a copy of any enactment or of any report, paper, minutes or minutes of proceedings of Parliamentora committeeas purporting to have been printed by the Government Printer or the Parliamentary Printer or by the order or by or under the authority of Parliament, a committee or the Speaker which was not so printed; or

(b) tenders in evidence as purporting to have been so printed a copy of any enactment, report, paper or minutes referred to in paragraph (a) knowing that it was not so printed;

shall be guilty of an offence and liable~

(c) where the Prosecutor-General has, in terms of section 22, institutedthe prosecution, to a fine not exceeding level seven or to imptisonment for a period not exceeding two years or to both such fine and such imprisonment; or

(d) where Parliament sits as the court by virtue of section3(b), to a fine not exceeding twice the amount of the maximum fine in level fourteen or, in default of payment of the fine, to imprisonment for a period not exceeding hvo years.".

21 Certain other contempts to be offences

Any person who commits any act, matter or thing specified in the Schedule shall be guilty of an offence and liable-

(a) where the Prosecutor-General has, in terms of section 22, instituted the prosecution, to a fine not exceeding level seven

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or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment; or

11. In section 22 ("Prosecutions by Prosecutor-General")(2) by the deletion of "or preparatory examination, as the case may be".

12. In section 23 ("Warrants for arrest and imprisonment") by the deletion of''The Speaker" and the substitution of "Subject to section 23A, the Speaker"

13. By the insertion of the following section after section 22-

"23A Judicial authority for issuance of warrants by Speaker

Where Parliament sitting as a court has imposed any fine for the commission of an offence under Part V, and the offender has not paid the fine in full within the period stipulated by Parliament or, if the period is not so stipulated, within twenty-one days of the imposition of the fine, the Clerk or any officer of Parliament authorised by the Clerk may forthwith transmit to the clerk or registmr of any court having competent jurisdiction to impose the fine a document signed by the Speaker setting out the particulars of the offender, the offence, the fine and the custodial sentence imposed by Parliament in the event of the fine not being paid, whereupon-

(a) the document shall be entered by the clerk or registmr in the records of that court; and

(b) as soon as the document has been recorded in te1m<:> of paragraph (a) it shall be laid before the court and the court shall thercupon-

(i) sentence the offender to the term of imprisonment imposed by Parliament in default of payment of the fine; and

(ii) by endorsement on a copy of the document authorise the Speaker to issue the appropriate warrant of arrest and imprisonment in accordance with this Part.".

14. By the repeal of section 32 and the substitution of-

"32 Administrative penalty of imprisonment for contempt, etc

(1) It is declared for the avoidance of doubt that any person adjudged by Parliament to be guilty of a contempt which is not an act, matter or thing declared in Part V to be an offence may, in addition to any other penalty to which he or she is liable by virtue of this Act or any other law, be committed to prison for such period during the current session of Parliament as Parliament may detemrine, which period, however, shall terminate-

(a) on the adjournment of the next sitting of the House which adjourned first after the sitting dming which person is committed to prison; or

(b) on the prorogation or dissolution of Parliament;

whichever is the earlier date.

No.3 GENER.".L LAWS AMEND:\:!Et'>T

(2) Parliament shall not have pmver to impose-

(a) any fee for any contempt; or

(b) any fine for any contempt which is not an act, matter or thing declared in Part V to be an offence.

(3) Sections 2) and 24 shall, apply with such changes as may be necessary, to a vvarrant of committal to prison issued in pursuance of subsection (1). ".

PART VI

ELECTORAL AcT (CHAPTER 2:13]

1. In section 4 ("Interpretation")(!)-

(a) by the insertion of the following definition-

""absence", in relation to the absence of the Chairperson of the Commission, includes absence occasioned by the vacation of the office of the Chairperson;";

(b) by the repeal ofthe definitions of"constituency registrar" and "registration office" and the substitution of-

""registration office" means any office of a voter registration officer or office designated by the Commission as a place where persons may register as voters;

2016

"voter registration officer" means a person who is appointed in terms of section 19(1) to be a voter registration officer, and includes any person assisting the Commission in that capacity;";

(c) in the definition of "electoral officer" by the deletion of "district special voting officer" and the substitution of "district elections officer".

(d) by the repeal of the definition of "Registrar-General of Voters".

2. In section 10 ("Staff of Cormnission during elections")(4) by the repeal of paragraph (d).

3. By the repeal of sections 18 and 19 and the substitution of-

"18 Commission to register voters

(1) In this section-

"formerRegistrar-GeneralofVoters"isarefercncctotheRegistrar- General ofVoters appointed in terms ofsection 18ofthis Act before its substitution by this section through the General Laws Amendment Act, 2016;

"Registrar-GeneralofBirthsand Deaths" means the personreferred to in section 3(a) of the Births and Deaths Registration Act [Chapter 5:02];

"Registrar-General ofCitizenship" means the person referred to in section 3 of the Citizenship of Zimbabwe Act [Chapter 4:01];

"Registrar-General of National Registration" means the person referred to in scction3(a) of the National RcgistrationAct [Chapter 10:17].

(2) The Commission is deemed with effect from the 22nd May, 2013 (being the "publication day" of the Constitution of Zimbabwe, 2013), to have assumed the functions of the former Registrar-General of

2016 GEll>HoRAL LAWS A?-.illNDNIFNr No.3

Voters, that is to say such functions as were imposed or conferred upon the Registrar-General of Voters by or under this Act before the 22nd May,

2013, including in particularthe functions ofregistering voters, compiling voters' rolls and registers, ensuring the proper custody and maintenance of voters' rolls and registers, and all other functions in connection therewith:

Providedthat,consistentlywithsection239(j)oftheConstitution, the Commissionmay give such instructions to the fonnerRegistrar-General of Voters, in his or her capacity as the Registrar-General of Births and Deaths, the Registrar-General of Citizenship and the Registrar-General of National Registration, as will ensure the efficient, free, fair, proper and transparent conduct of any election or referendum.

(3) Notwithstanding any other provision of this Act, the Commission may-

(a) direct the Chief Elections Officer, a voter registration officer, the former Registrar-General ofVoters or (subject to paragraph (b)) any member of the Civil Service to assume and exercise any function which in terms of this Act before its amendment by the General Laws Amendment Act, 2016, is vested in a constituency registrar;

(b) with the consent of the Civil Service Commission, instruct any member of the Civil Service to assist it in any of its voter registration functions in terms of this Act;

(c) in relation to an election to which Part XVIII applies, delegate any of its voter registration functions in tem1s of this Act, the Rurdl District Councils Act [Chapter 29:13] or the Urban Councils Act [Chapter 29:15] to a member of the Civil Service.

(4) The Commission and the former Registrar-General ofVoters, in his or her capacity as the Registrar-General of Births and Deaths, the Registrar-General of Citizenship and the Registrar-General of National Registration, have a duty to cooperate with each other to ensure that their

respective databases, as they relate to the eligibility or potential eligibility of voters, are in harmony with each other.

(5) The Minister may, after consultation with the Commission and the former Registrar-General of Voters, by regulations made in terms of tltis section, provide for-

(a) the manner of dealing with any confidential infonnation in the custody of the former Registrar-General of Voters and the conditions under which it may be shared with the Commission; and

(b) the resolution of any discrepancies between the records of the fonner Registrar-General of Voters and those of the Commission; and

(c) the resolution of any disputes whatsoever that may arise between the Commission and the fom1er Registrar-General ofVoters; and

(d) mandatory automatic and electronic voter registration.

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19 Voter registration officers and registration offices

(1)Voterregistrationshall beconductedbytheCommissionthrough its voter registration officers (who shall be employees ofthe Commission and who may be appointed to this office conjunctively with any other office as an electoral officer) or any persons whom the Commission may from time to time appoint to assist in voter registration.

(2) A voter registration officer shall be appointed for such locality as the Commission may determine, including (but not limited to) a constituency, district or ward.

(3) Voterregistrationofficersshallexercisethefunctionsconferred upon themby or under this Act under the general supervisionanddirection of the Commission.

(4) A person seeking registration as a voter may approach any of the registration offices of the Commission for registration as a voter during the period specified in section 17A (2).".

4. In section 20 ("Voters rolls to be kept by Commission")(2) by the repeal of paragraph (a) and the substitution of-

"(a) the voter's first and last names, date of birth, national registration number and sex; and".

5. In section 22A ("Polling Station Voters Rolls")(3)(a) by the deletion of "or to cast a special vote".

6. By the repeal of section 26 and the substitution of-

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"26 Voters registration certificates

(1) On the registration of a voter in terms of this Part the voter registrationofficershall issue himorher witha voters registrationcertificate specifying-

(a) the voter's last name, date of birth, national registration number and sex; and;

(b) the ward, constituency, district, province and, in the case of polling station specific registration, the polling station in or for which the voter is registered.

(2) On the transfer ofthe registration ofa voter in terms ofsection 25 the voter shall be issued with a voters registration certificate by the voter registration officer of the constituency to which he or she has been transferred.".

7. In section 40C ("Voter education by persons other than the Commission or political parties")(!) by the repeal of paragraphs (i) and (j) and the substitution of-

"(i) the voter education materials used by the person and the course or programme ofinstruction in accordance with which the voter education is conducted are adequate, current, correct and not misleading or biased in favour of any political party; and

(j) the voter education materials used by the person and the course or programme ofinstruction in accordance with which the voter education is conducted are furnished to the Commission for its scrutiny no later than twenty-eight days before they are intended to be used; and

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(k) no fee or charge is levied for the provision of voter education or voter education materials.".

8. In section 51 ("Polling stations") is amended-

(a) by the repeal of subsection (1) and the substitution of-

"(1) Subject to this section, the Commission shall in each constituency establish, at such convenient places as it may detennine, as many polling stations as it may consider to be necessary for the purposes ofconveniently taking a poll ofthe voters ofthat constituency:

Provided that the Commission-

(i) shall establish a sufficient number of polling stations in each ward of the constituency concerned;

(ii) shall receive from political parties contesting the election concerned any representations on the issue ofthe location of polling stations in any constituency, and may give directions on this matter to any provincial elections officer, district elections officeror constituency elections officer on the basis of such representations.";

(b) in subsection (3) by the deletion of"Aconstituency elections officer" and "and in such other manner as he or she thinks fit" and the substitution of "The Commission" and "and in such other manner as it thinks fit" respectively.

9. By the repeal of section 52 and the substitution of-

"52 Provision of requisites and officers for purpose of poll

(1) For any election the Commission shall ensure that every constituency elections officer is provided with polling booths or voting compartments and ballot boxes, and shall provide papers, including ballot papers, instruments for marking ballot papers with the official mark, seals and other necessary things and shall do such other acts and things and make such arrangements to facilitate the taking of the poll as the Commission may consider advisable for effectively conducting the election, and the expenditure incurred upon all such acts and things shall be charged upon and paid out of the funds of the Commission, or, to the extent ofany insufficiency ofthe funds of the Commission for this purpose, the Consolidated Revenue Fund.

(2) Where two or more elections are to be held concurrently in a constituency, the Commission shall ensure that the constituency elections officer concerned is provided with separate ballot boxes for each such election.".

10. In section 72 ("persons who may vote by post")-

(a) in the introductory words by the deletion of "outside Zimbabwe";

(b) in paragraph {b) by the insertion after "the Government" of "outside Zimbabwe";

"(c) outside Zimbabwe as the spouse of a person referred to in paragraph (b);".

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11. In section 93 ("Appointment of roving political pa!ty election agents")(3) by the deletion of "shall have the authority to enter and move through a polling station" and the substitution of "shall, without interfering in or disrupting the conduct of the poll at the polling station, have the authority to enter and move through a polling station".

12. In section 110 ("Determination and declaration of result of election to office of President") by the repeal of subsection (5) and the substitution of-

"(5) In accordance with section 94 of the Constitution, a person elected as President assnmes office when he or she takes, before the Chief Justice or the next most senior judge available, the oath of President in the form set out in the Third Schedule to the Constitution.".

13. In section 173 ("Procedure where Electoral Couti reports cases of corrupt practices or illegal practices'') by the deletion of''Attoruey-General" and the substitution of "Prosecutor-General".

14. In the Long Title by the deletion of "to provide for the Registrar-General of Voters and constituency registrars;".

15. In addition, the provisions of the principal Act specified in the first column of the Second Schedule are amended to the extent set out opposite thereto in the second column.

PART VII

REFUGEES Acr [CH.4PTER 4:03]

In section 17 ("Authorised officers")(2) proviso (b) by the deletion of "Commissioner of Prisons" and "Prison Service Corrunission" and the substitution of "Commissioner-General of Prisons and Correctional Service" and "Prisons and Con-ectional Sen'ice Commission" respectively.

PART VIII

CHIIDREt'l''s Acr [CHAPTER 5:06]

In section2 ("Interpretation") (7) by the repeal of definition of"probation officer" and the substitution of-

""probation officer" means a person registered as a social worker in terms of the Social Workers Act [Chapter 27:21] who is appointed in tenns of section 46;".

PART IX

A.DNITN1STRATIVE CouRT Acr [CHAPTER 7:01]

1. In section 2 ("Interpretation") by the repeal of the definition of "President of the Court" and the substitution of the following--

'"'Judge of the Court" means the Judge President of the Court, a Judge of the Court or the Acting Judge President of the Court or an acting Judge of the Court;".

2. In section3 ("Establishment and constitution ofAdministrative Comt") by the repeal of paragraph (a) and the substitution of-

"(a) the Judge President of the Court and such number of Judges of the Court as the President may consider necessary;".

3. By the repeal of section 5 and the substitution of-

"5 Judges and acting Judges of Court

(1) The Court shall be presided over by-

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2016 Gr2>1:lRAL LAws AMFNDMrNI' No.3

(a) a Judge of the Court who shall be a person appointed, subject to subsection (3), as a Judge of the Court in terms of section 180( 1) of the Constitution; or

(b) anactingJudge ofthe Court appointed, subject to subsection (3), in terms of section 181 of the Constitution.

(2) A person referred to in subsection (1) shall be appointed on such terms and conditions, including terms and conditions relating to the payment of salary, allowances and pension benefits, as the President, on the recommendation of the Judicial Service Commission, may fix.

(3) A person shall not be qualified for appointment as a Judge of the Comt or acting Judge of the Court unless he or she-

(a) is a former judge of the Supreme Court or the High Court; or

(b) is qualified for appointment as ajudge ofthe Supreme Court or the High Court; or

4. In section 6 ("assessors")- (a) in subsection (1) by the deletion of "President'' and the substitution of

"Judge";

(b) in subsection (2) by the deletion of "Senior President" and the substitution of "Judge President";

(d) in subsection (4) by the deletion of "President" and the substitution of "Judge".

5. In section 8 ("Record of proceedings ofCourt") (2) by the deletion of "Subject to subsection (12) ofsection 18 ofthe Constitution, the record kept" and the substitution of "The record kept".

6. By the repeal of section 9 and the substitution of-

"9 Proceedings to be in public

The proceedings of the Court shall be conducted in public.".

7. In section 10 ("Decision of Court") by the deletion of "President" wherever it occurs and the substitution of "Judge".

8. By the repeal of section 11 and the substitution of-

"11 Powers of Judge of Court sitting alone

Subject to this Act and except as otherwise provided by or under the Constitution or in any other enactment, a Judge of the Court sitting without assessors may, vvhether in chambers or otherwise-

(a) vary, reverse or set aside the decision, order or action that is the subject of the appeal or review or refer the matter back to the body, person or authority responsible for the decision, order or action, if he or she is satisfied that such a course is not opposed by any of the parties to the appeal or review, including that body, person or authority;

(b) postpone or further postpone the hearing of any matter;

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(d) authorise the proof of all or any of the facts in a case by affidavit;

(e) on such terms and conditions as to costs or otherwise, as he or she thinks fit, permitanapplicantorappellantto'''ithdraw his or her application or appeal;

(f) deal with such other matters as may be prescribed in rules of court made in terms of section 13.".

9. In section 12 ("Sittings of Court") by the deletion of "Senior President" and the substitution of "Judge President".

10. In section 13 ("Procedure of Court")(l) by the deletion wherever it occurs of "Presidents" and the substitution of "Judges" wherever it appears.

11. In section 14 ("Representation of parties and consideration of written submissions")(2) by the deletion of "President" and the substitution of "Judge".

12. In section 16 ("Witnesses failing to attend or refusing to be sworn or to give evidence")(S) by the deletion of "President" and the substitution of "Judge".

13. In section 18 ("Contempt of Comt") by the deletion wherever it occurs of "President" and the substitution of "Judge".

14. In section 19 ("Costs") by the deletion wherever it occurs of "President" and the substitution of "Judge".

15. In section 20 ("Appeal from decision of Court")(2)(b) by the deletion of "President" and the substitution of "Judge".

PART X

CouRTS Al'-m AmtJDICATING AurHORITIES (PuBLICITY REsTRICTION) AcT [CHAPTER 7:04]

1. By the repeal of section 9 and the substitution of-

"9 Authority of Prosecutor-General for prosecutions

Where a person is brought before a magistrates court charged with-

(a) an offence in terms of sectionS; or

(b) an attempt, conspiracy or incitement to commit an offence in terms of section 8; or

no further proceedings in respect thereof shall be taken against him or her without the authority of the Prosecutor-General except such as the court may think necessary by remand to secure the due appearance of the person charged.".

2. In section 17 ("Authorised officers") (2) proviso (b) by the deletion of "Co11U11issioner of Prisons" and "Prison Service Commission" and the substitution of "Commissioner-General of Prisons and Correctional Service" and "Prisons and Conectional Service Commission" respectively.

PART XI

!VlAGISTRATES Couro· AcT [CHAPTER 7:10]

In section 7 ("Appointment ofmagistrates") by the repeal of"Subject to subsection (4) of section 75 of the Constitution" and the substitution of "Subject to section 182 of the Constitution".

2016

2016 GH-<'EIV\L LAWS AII1ENl)l\1lil'H' No.3

PART XII

PRisoNs AcT [CHAPTER 7:11]

1. In the Long title to the Act by the deletion of "Prison Senrice" and the substitution of ''Prisons and Correctional Senrice",

2. By the repeal of the Preamble and substitution of the following-

"\VHEREAS sections 227, 230 and 231 of the Constitution provides as follows-

227(1) There is a Prisons and Correctional Service which is responsible for-

(a) the protection ol society from criminals through the incarceration and rehabilitation of convicted persons and others who are lawfUlly required to be detained, and their reintegration into society; and

(b) the administration ofprisons and correctional facilities.

(2) The Prisons and Correctional Service must be non-partisan, national in character, patriotic, professional and subordinate to the civilian authority as established by this Constitution.

(3) An Act of Parliament must provide for the organisation, structure, management, regulation, discipline and, subject to section 231, the conditions of service ofmembers of the Prisons and Correctional Service.

230 (1) There is a Prisons and Correctional Service Commission consisting of a chairperson. who must be the chairperson ofthe Civil Service Commission, and a minimum of two and a maximum of six other members appointed by the President.

(2) Members of the Prisons and Correctional Service Commission must be chosen for their knowledge of or experience in administration, management. security affairs, or for their professional qualifications or their general suitability for appointment, and-

(a) at least ha(l of them must be persons who are not and have not been members of the Prisons and Correctional Service;

(b) at least one of them must have held senior rank in the Prisons and Correctional Service for one or nwre periods amounting to at least jive years.

231 (1) The Prisons and Correctional Service Commission has the following ./unctions-

(a) to appoint qualified and competent persons to hold posts or ranks in the Prisons and Correctional Service;

(b) to fix and reJ;Ulate conditions ofservice, including salaries. allowances and other benefits, ofmembers ofthe Prisons and Correctional Service;

(c) to ensure the general well-being and good administration of the Prisons and Correctional Service and its maintenance in a high state ofefficiency;

(d) to ensure that members a./the Prisons and Correctional Service comply with section 208;

(e) to foster harmony and understanding between the Prisons and CorrecTional Service and civilians;

(/) to advise the President and the Minister on any matter relating to the Prisons and Correctional Service; and

(g) to exercise any otherjunction conferredor imposed on the Commission by this Constitution or an Act ofParliament.".

3. In section 2 ("Interpretation")-

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(a) in the definition of "Commissioner" by the repeal of "subsection (2) of section 99 of the Constitution" and the substitution of "section 229(1) of the Constitution"; •

(b) by the repeal of the definitions of "Commissioner", "Deputy Commissioner'', "Prison Service Commission" and "Service" and the substitution of-

""Commissioner-General" means the Commissioner-General of Prisons and Conectional Service appointed in terms of section 229( 1) of the Constitution;

"Deputy Commissioner" means a Deputy Commissioner of Prisons and Conectional Senrice referred to in section 5(1)(h);

"P1isons and Conectional Service Commission" means the Prisons and Conectional Service Commission established by section 230 of the Constitution, and "Commission" shall be construed according!y;";

"Service" means the Prisons and Correctional Senrice established by section 229(1) of the Constitution;".

4. In section 5 ("Composition and ranks of Prison Service")

(a) in the heading by the deletion of "Composition and ranks of Prison Service" and the substitution of "Composition and ranks of Prisons and Conectional Service";

(b) in subsection {l)(b) by deleting "of Prisons";

5. By the repeal of section 6 and the substitution of-

"6 Appointment of Commissioner-General

2016

(1)The President shall appointtbe Commissioner-General in tenns of section 229 of the Constitution after consultation with the Minister.

(2) Before tendering advice to the President for the purpose of subsection (1), the 1v1inister shall consult the Commission.".

6. In section 7 ("TelTllS and conditions of service of Commissioner")-

(a) in the heading by the deletion of "TelTllS and conditions of service of Commissioner" and the substitution of "TelTllS and conditions of service of Commissioner-General";

(b) in subsections (1), (2) and (3) by the deletion of''Colllll'issioner" and the substitution of "Commissioner-General";

"(4) Subject to this Act, the Commissioner-General's tenus and conditions of service shall be as fixed by the President from time to time in telTllS of section 231(3) of the Constitution.".

7. In sectionS ("Removal from office of Commissioner")-

(a) in the beading by the deletion of "Removal from office ofCommissioner" and the substitution of "Removal from office ofCommissioner-General";

(b) by deleting "Commissioner" and substituting "Commissioner-General".

8. In section 9 ("Appointment and removal of prison officers")-

(a) in subsection (1) by deleting "Commissioner" and substituting "Commissioner-General";

2016 GENERAL LAWS .AMEl,IDMENT No.3

(b) in subsection (3) by deleting "shall vest in the Commissioner, acting with the approval of the Prison Service Commission" and substituting "shall vest in the Commissioner-General, acting with the approval of the Commission".

9. In section 10 ("Liberty to resign")-

(a) in subsection (1) by deleting "Commissioner" and substituting "Commissioner-General";

(b) in subsection (2) by deleting "Commissioner" wherever it occurs and substituting "Commissioner-General".

10. In section 12 ("Term ofoffice of members of Prison Service Commission")-

(a) by deleting the heading thereto and substituting "Term of office of members of Prisons and Correctional Service Commission";

(b) in subsection (1) by deleting "Prison Service Commission" and substituting "Prisons and Correctional Service Commission";

11. In section 13 ("Resignation of members of Prison Service Commission") by the deletion of "Prison Service Commission" and the substitution of "Prisons and Correctional Service Commission" wherever it appears.

12. In section 14 ("Conditions of service of members of Prison Service Commission") by the deletion of "Prison Service Commission" and the substitution of "Prisons and Correctional Service Commission".

13. In section 15 ("Functions of Prison Service Commission") by the deletion of "Prison Service Commission" and the substitution of"Prisons and Correctional Service Commission" wherever it appears.

14. In section 16 ("Procedure of Prison Service Commission") by the deletion of "Prison Service Commission" and the substitution of"Prisons and Correctional Service Commission" wherever it appears.

15. In section 17 ("Staff of Prison Service Commission") by the deletion of "Prison Service Commission" and the substitution of"Prisons and Correctional Service Commission".

16. In section 18 ("Reports of Prison Service Commission") by the deletion of "Prison Service Connnission" and the substitution of"Prisons and Correctional Service Commission" wherever it appears.

17. In section 19 ("Validity ofacts and decisions ofPrison Service Commission") by the deletion of "Prison Service Commission" and the substitution of "Prisons and Correctional Service Commission" wherever it appears.

18. In section 130 ("Power to make regulations")-

(a) by the deletion of "Prison Service Commission" and the substitution of "Prisons and Correctional Service Commission" wherever it appears;

(b) by the deletion of"109 of the Constitution" and the substitution of"section 231(2) of the Constitution".

PART XIII

TRANSFER oF 0Ht.NTIERS AcT [CH4PTER 7:14]

In section 10 ("Pardons") by the deletion of "section 311 of the Constitution" and the substitution of "section 112 of the Constitution".

No.3 GE!\TERAL LA\VS AMEt'iDMENT 2016

PART XIV

JunrciAL Cou.r:oEAcr [CHAPTER 7:17] (No. 18 OF 1998)

1. In section 6 ("Annual and other reports of College") by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

2. In section 13 ("Principal of Collcge")(6) by the deletion of "Audit and ExchequerAct [Chapter 22 :03] "and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

3. In section 18 ("Audit ofCollege's accounts") by the deletion of"Comptroller and Auditor General" and "Audit and Exchequer Act [Chapter 22:03]" the substitution of "Auditor General" and "Public Finance ManagementAct [Chapter 22 :19]" respectively.

PART XV

JUDICIAL SERVICE AcT [CHAPTER 7:18] (No. 10 OF 2006)

1. In the Long title to the Act-

(a) by the insertion of "Constitutional Court'' before "Supreme Court"; and

(b) by the deletion of "the office of the Public Protector".

2. By the repeal of the Preamble and substitution of the following-

"WHEREAS section 190 of the Constitution provides as follows-

190 (1) The Judicial Service Commission may tender advice to the government on any matter relating to the judiciary or the administration of justice, and the Government must pay due regard to any such advice.

(2) The Judicial sen,ice Commission must promote and facilitate the independence and accountability of the judiciary and the efficient, effective and transparent administration ofjustice in Zimbabwe, and has all the powers needed for this purpose.

(3) The Judicial Service Commission, with the approval of the Minister responsible for justice, may make regulations for any purpose set out in this section.

(4) An Act of Parliament may confer on the Judicial Service Commission functions in connection with the employment, discipline and conditions ofservice of persons employed in the Constitutional Court, the Supreme Court, the High Court, the Labour Court. the Administrative Court and other courts.

AND WHEREAS it is desirable to make further provisions for the Judicial Service Commission andfor persons employed in connection with the administration ofjustice in Zimbabwe:

NOW, THEREFORE, be it enacted by the Parliament and the President ofZimbabwe as follows-".

3. By the deletion in section 2 ("Interpretation")- (a) in the definition of "approved service" of "Public Service" and the

substitution of "Civil Service"; and (b) in the definition of "Commission" of "section 90" and the substitution of

"section 189"; and (c) in the definition of "disciplined force" of" section 113(1)" and the

substitution of "section332".

4. In section 3 ("Constitution of Judicial Service")-

(a) in paragraph (a) by the repeal of "section 84" and the substitution of "section 180"; and

(b) by the repeal of paragraph (e).

2016 No.3

PART XVI

Cm-rrRAcruAL PENALTIES Acr [CJL4PTER 8:04]

In section 2 ("Interpretation") by the repeal of the definition of "land" and the substitution of the following-

""land" includes-

(a) any improvements or an:yihing permanently attached or growing on land; and

(b) an undivided share in the land which is coupled with an exclusive right of occupation such as referred to in section 27 of the Deeds Registries Act !Chapter 20:05].".

PART XVII

CLA.ss AcrroNs AcT [CHAPTER 8:17]

In section 20 ("Books of account and audit of Fund") by the deletion of "Comptroller and Auditor General" and "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Auditor-General" and "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)" respectively.

PART XVIII

PREv&-.....'TION OF CoRRlJIYfiON Acr [CHAPTER 9:16]

In section 2 ("Interpretation") in the definition of "public officer" by the repeal of paragraph (b) and the substitution of-

"(b) a Chairperson of a Provincial Council elected in terms of section 272 of the Constitution; or".

PART XIX

ANTr-CoRRlJPTION Col\1MISSION Acr [CHAPTER 9:22]

1. By the repeal of the Preamble and the substitution of-

"WHEREAS sections 254 and 255 of the Constitution provides as follows-

(1) There is a commission to be known as the Zimbabwe Anti-Corruption Commission consisting of-

(a) a chairperson appointed by the President after consultation with the Committee on Standing Rules and Orders; and

(b) eight other members appointed by the Presidentfrom a list ofnot.fewer than twelve nominees submitted by the Committee on Standing Rules and Orders.

(2) Members ofthe Zimbabwe Anti-Corruption Conmzission must be chosen for their integrity and their knowledge of and experience in administration or the prosecution or investigation ofcrime or.for their general suitability for appointment, and-

(a) at least one must be qualified to practise as a legal practitioner in Zimbablve, and have been so qualified for at least seven years;

(b) at least one must be qualified to practise as a public accountant or public auditor in Zimbabwe, and have been so qualified for at least seven years; and

(c) at least one must be a person with at least ten years' experience in the investigation ofcrime.

No.3 GENlc.RAL LAWS M1ENDMENT

255 Functions of Zimbabwe Anti-Corruption Commission

(1) The Zimbabwe Anti-Con1Aption Commission has thefollowing functions--

(a) ro investigate and expose cases ofcorruption in the public and private sectors;

(b) to combal corruption. theft, misappropriation, abuse of power and other improper conduct in the public and private sectors;

(c) to promote honesty,financial discipline and transparency in the public and private sectors;

(d) to receive and consider complaints .from the public and to take such action in regard to the complaints as it considers appropriate;

(e) to direct the Commissioner-General of Police to investigate cases of suspected corruption and to report to the Commission on the results ofany such investigation;

(f) to refer matters to the National Prosecuting Authorityfor prosecution;

(g) to require assistance .from members of the Police Service and other investigative agencies of the State; and

(h) to make recommendations to the Government and other persons on measures to enhance integrity and accountability and prevent improper conduct in the public and private sectors.".

2. In section 18 ("Funds of Commission") by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

2016

PART XX

CRIMINAL LAw (CoDIFICATION AND REFoRM) AcT [CHAPTER 9:231

1. In section 23 ("Insurgency, banditry, sabotage or terrorism")(n( � by the deletion of "or any shorter period" and the substitution of "or any definite period of imprisonment".

2. In section24 ("Recruiting or training insurgents, bandits, saboteurs or tenorists") by the deletion of "or any shmtcr period" and the substitution of"or any definite period of imprisonment".

3. In section 25 (''Training as insurgent, bandit, saboteur or terrorist")(!) hy the deletion of "or any shorter period" and the substitution of "or any definite period of imprisonment".

4. In section 26 ("Supplying weaponry to insurgents, bandits, saboteurs or terrorists") by the deletion of "or any shorter period" and the substitution of "or any definite period of imprisonment".

5. In section 27 ("Possessing weaponry for insurgency, banditry, sabotage or terrorism")( I) by the deletion of "or any shorter period" and the substitution of "or any definite period of imprisonment".

6. In section 31 ("Publishing or communicating false statements prejudicial to the State") by the deletion of"Prison Service" wherever it occurs and the substitution of "Prisons and Correctional Service".

7. In section32 ("Unlawful possession or wearing of camouflage uniforms")(l) by the deletion of "Prison Service" and the substitution of "Prisons and Correctional Service".

8. In section 47 ("iviurder"), by the repeal of subsections (2) and (3) and the substitution of the follovving subsections-

2016 GENERAL LAWS AMENDMENT No.3

"(2) In determining an appropriate sentence to be imposed upon a person convicted of murder, and without limitation on any other factors or circumstances which a court may take into account, a court shall regard it as an aggravating circumstance if-

(a) the murder was committed by the accused in the course of, or in connection with, or as the result of, the commission ofany one or more ofthe following crimes, or ofany act constituting an essential element of any such crime (whether or not the accused was also charged with or convicted of such crime)-

(i) an act of insurgency, banditry, sabotage or terrorism; or

(ii) the rape or other sexual assault of the victim; or

(iii) kidnapping or illegal detention, robbery, hijacking, piracy or escaping from lawful custody; or

(iv) unlawful entry into a dwelling house, or malicious damage to property if the property in question was a dwelling house and the damage was effected by the use of fire or explosives;

(b) the murder was one oftwo or more murders committed by the accused during the same episode, or was one ofa series of two or more murders committed by the accused over any period of time; or

(d) the victim was murdered in a public place or in an aircraft, public passenger transport vehicle or vessel, railway car or other public conveyance by the use of means (such as fire, explosives or the indiscriminate firing ofa weapon) that caused or involved a substantial risk of serious injury to bystanders.

(3) A court may also, in the absence of other circumstances of a mitigating nature, or together with other circumstances of an aggravating nature, regard as an aggravating circumstance the fact that-

(a) the murder was premeditated; or

(b) the murder victim was a police officer or prison officer, a minor, or was pregnant, or was ofor over the age of seventy years, or was physically disabled.

(4) A person convicted of murder shall be liable-

(a) subject to sections 337 and 338 ofthe Criminal Procedure and Evidence Act [Chapter 9:07], to death, imprisonment for life or imprisonment for any definite period of not less than twenty years, if the crime was committed in aggravating circumstances as provided in subsection (2) or (3); or

(b) in any other case to imprisonment for any definite period.

(5) For the avoidance of doubt, it is declared that the circumstances enumerated in subsections (2) and (3) as being aggravating are not exhaustive, and that a court may find other circumstances in which a murder is committed to be aggravating for the purposes of subsection {4)(a).

(6) A person convicted of attempted murder or of incitement or conspiracy to commit murder shall be liable to be sentenced to imprisonment for life or any definite period of imprisonment.".

9. In section 49 ("Culpable homicide") by the deletion of "or any shorter period" and the substitution of "or any definite period of imprisonment".

No.3

10. In section 50 ("Inciting or assisting suicide") by the deletion of "or any shorter period" and the substitution of "or any definite period of imprisonment".

11. In section 65 ("Rape")( 1) by the deletion of "or any shorter period" and the substitution of "or any definite period of imprisonment".

12. In section 70 ("Sexual intercourse or performing indecent acts with young persons") by the insertion of the following subsection after subsection (2)-

"(2a) Where extra-marital sexual intercourse or an indecent act occurs between young persons who are both over the age of twelve years but below the age of sixteen years at the time of the sexual intercourse or the indecent act, neither of them shall be charged with sexual intercourse or performing an indecent act \Vith a young person except upon a report of a probation officer appointed in tenns of the Children's Act [Chapter 5:06] shmving that it is appropriate to charge one of them with that crime.".

13. In section89 ("Assault")(3) by the insertion of the following paragraph after paragraph (b)-

"(b1) the extent of physical injury inflicted upon the person assaulted; or".

14. In section93 ("Kidnapping or mllm\ful detention")( n( � by the deletion of"or any shmter period" and the substitution of "or any definite period of imprisonment".

15. (1) By the repeal of section%.

(2) By the deletion of all items and references to "criminal defamation" in the Second, Fourth and Fifth Schedules.

16. In section 126 ("Robbery")(2)(a) by the deletion of "or any sho11er period" and the substitution of "or any definite period of imprisonment".

17. In section 147 ("Hijacking") by the deletion of "or any shorter period" and the substitution of "or any definite period of imprisonment".

18. In section 166 ("Aggravating circumstances in relation to crimes under sections 163, 164 and 165")(b) by the deletion of"Prison Service" and the substitution of "Prisons and Correctional Service".

19. In section 169 ("Interpretation in Chapter IX") in the definition of "public officer" by the repeal of paragraph (b) and the substitution of-

"(b) a Chairperson of a Provincial Council elected in tem1s of section 272 of the Constitution; or";

20. In section 189 ("Attempt")-

(a) in subsection (1) by the deletion of "that has reached at least the com- mencement of the execution of the intended crime" and the substitution of "in preparation for or in furtherance of the commission of the crime";

(b) by the repeal of subsection (2) and the substitution of-

"(2) A person shall not be guilty of attempting to commit a crime if he or she changes his or her mind and voluntarily desists from proceeding further with the crime before he or she has taken any substantial step towards its commission.".

21. In 195 ('Interpretation in Part I of Chapter XIII")-

(a) in the definition of "accomplice" by the repeal of paragraph (b);

(b) by the insertion of the following definition-~

""principal" means a person referred to in section 196(1);".

2016

2016 GFNERAL LAWS AMENDMENT

22. By the repeal of section 1% and the substitution of the following sections-

"196 Liability of principals

No.3

(1) Subject to this Part, where a person having authority, whether lawful or otherwise, over an actual perpetrator authorises the actual perpetrator to commit a crime-

(a) knowing that the actual perpetrator intends to commit the crime; or

(b) realising that there is a real risk or possibility that an actual perpetrator intends commit a crime;

and the person so authorising is not present with the actual perpetrator during the commission ofthe crime, the conduct of the actual perpetrator shall be deemed also to be the conduct of that person (hereafter in this Part referred to as "the principal").

(2) Subject to sections 196B and 200, the liability of a principal shall not differ in any respect from the liability of the actual perpetrator, unless the principal satisfies the court that there are special circumstances peculiarto himorherorto the case (which circumstances shall be recorded bythe court) whythe same penaltyas that imposedonthe actual perpetrator should not be imposed on him or her.

(3) Where theactualperpetratorofacrimeauthorisedbya principal is entitled to rely upon a defence referred to Part V or VI of Chapter XIV or any other defence which excuses the actual perpetrator from liability or reduces his or her liability for the crime concemed-

(a) the principal shall be liable as if he or she is the actual perpetrator; and

(b) the principal shall not be entitled to rely upon that defence unless he or she would be entitled to rely upon it ifhe or she were chargedas anactual perpetratorofthe crimeconcerned.

(4) A person charged with being the principal of a crime may be found guilty as a co-perpetrator of the crime or of assisting the actual perpetrator of the crime as an accomplice or accessory if such are the facts proved.

196A Liability of co-perpetrators

(1) If two or more persons are accused of committing a crime in association with each other and the State adduces evidence to show that each of them had the requisite mens rea to commit the crin1e, whether by virtue of having the intention to commit it or the knowledge that it would be committed, or the realisation of a real risk or possibility that a crime of the kind in question would be committed, then they may be convicted as co-perpetrators, in which event the conduct of the actual perpetrator (even if none of them is identified as the actual perpetrator) shall be deemed also to be the conduct of every co-perpetrator, whether or not the conduct of the co-perpetrator contributed directly in any way to the commission of the crime by the actual perpetrator.

(2) The following shall be indicative (but not, in themselves, necessarily decisive) factors tending to prove that two or more persons accused of committing a crime in association with each other together had the requisite mens rea to commit the crime, namely, if they-

No.3

(a) were present at or in the immediate vicinity of the scene of the crime in circumstances which it11plicate them directly or indirectly in the commission of that crime; or

(b) were associated together in any conduct that is preparatory to the conduct which resulted in the c1ime for which they are charged; or

(c) engaged in any criminal behaviour as a team or group prior to the conduct which resulted in the crime for which they are charged.

(3) A person charged with being a co-perpetrator of crime may be found guilty of assisting the actual perpetrator of the crime as an accomplice or accessory if such are the facts proved.

1968 Principals and co-perpetrators convicted of murder

For the avoidance ofdoubt it is declared that in sentencing a principal or two or more co-perpetrators for murder a court shall not impose a death sentence except where the murder is committed in aggravating circumstances as provided in section 47(2) and (3), and in any event mm;t not impose the death sentence upon a principal, perpetrator or co- perpetrator who-

(a) was less than twenty-one years old when the offence was committed; or

(b) is more than seventy years old; or

23. In section 197 ("Liability of accomplices") by the repeal of subsection (2) and the substitution of-

"(2) For the avoidance of doubt it is declared that an accomplice to the commission of a crime is liable to be charged and convicted as such even where-

2016

(a) the actual perpetrator is produced as a witness on behalf of the prosecution; or

(b) for any reason, it has not been possible to bring the actual perpetrator to trial.".

24. In section 198 ("Types ofassistance to which accomplice liability applies")-

(a) in subsection (1) by the repeal of paragraphs (e), (f), (g) and (h);

(b) by the insettion of the following subsection, the present section becoming subsection (1)-

"(2) In addition to the forms of assistance mentioned in subsection (1), the following forms of assistance given to an actual perpetrator of a crime, namely-

(a) holding oneself available to give assistance in the commission of the crime, in the event of such assistance being required; or

(b) immobilising or incapacitating the victim of the crime to enable the crime to be committed; or

(d) keeping watch for or guarding against intervention or discovery while the crime is being committed;

shall render the assister an accomplice unless--

2016 GENERAL LAWS A1vfENDMENT No.3

(e) the assister is present with the actual perpetrator during the commission of the crime; and

(I) the State adduces any evidence that the assister knew or realised that there was a real risk or possibility that a crime of the kind in question would be committed;

in which event the assister shall be liable as a co-perpetrator.".

25. In section 199 ("Liability of accomplice for further c1imes committed by actual perpetrator")-

(a) by the deletion of the title to the section and the substitution of"Liability of principal or accomplice for further crimes committed by actual perpetrator";

(b) by the insertion before "accomplice" wherever it occurs of "principal or".

26. By the repeal of section 200 and the substitution of-

"200 Withdrawal from crime by principal, co-perpetrator or

accomplice

(1) A person shall not be guilty as a principal, co-perpetrator or accomplice of a crime committed by an actual perpetrator if, before the crime has been committed, the person prevents the commission of the crime, whether by having given timely warning to a police officer to enable the police officer or other person to prevent its commission, or otherwise:

Provided that the factthata principal, co-perpetratororaccomplice succeeded in stopping the crime authorised by him or her or with which he or she was associated does not relieve the principal or co-perpetrator of liability for an attempt, incitement or conspiracy to commit the crime.

(2) The fact that a principal, co-perpetrator or accomplice of a crime changes his or her mind and unsuccessfully took action to prevent the actual perpetrator from committing the crime shaH not relieve the principal or co-perpetrator from liability for the c1ime:

Provided that a court shall, among other relevant considerations, mitigate the sentence that may be imposed on the principal, co-perpetrator or accomplice if-

(a) the principal, co-perpetrator or accomplice, before the commission of the crime, took all possible steps within his or her power to stop the actual perpetrator from committing the crime; and

(b) in the absence ofthe circumstancesthat intervenedto fmstratc the prevention of the crime, the steps actually taken would have stopped the crime from being committed; and

27. In section 222 ("Voluntary intoxication leading to unlawful conduct") by the insertion of the following subsection after subsection (2)-

"(3) If a person, while in a state of voluntary intoxication, is provoked into any criminal conduct by something which would not have provoked that person had he or she not been intoxicated, he or she shall be guilty of voluntary intoxication leading to unlawful conduct.".

No.3 2016

28. By the repeal of section 224.

29. In section 267 ("Interpretation in Part XVIII ofChapter XIV") in the definition of "disciplined force", by the repeal of paragraph (b) and the substitution of-

"(c) the Prisons and Correctional Service; or";

30. In section 278 ("Relation ofcriminal to civil or disciplinary proceedings") in the definition of "disciplined force", by the repeal of paragraph (c) and the substitution of-

"(c) the Prisons and Correctional Service; or";

31. By the insertion after section 279 of the following section-

"279A Avoidance of double penalisation where aggravating features

of one crime are elements of another crime concurrently

charged

(1) If under this Code or any other enactment a person is charged concurrently with two or more crimes, and-

(a) the provisions relating to either or any one of those crimes permit or require a court to consider certain features of the commission of the crime or crimes in aggravation of sentence; and

(b) the features mentioned in paragraph (a) are also elements of a different crime or crimes with which the accused is concurrently charged;

then the court shall have regard to subsection (2) when convicting and sentencing that person.

(2) A court convicting and sentencing a person referred to in subsection (1) shall exercise one of the following options (paragraph (a) or paragraph (b)) to the exclusion of the other-

(a) convicting the accused for the crime or crimes referred to in subsection (l)(a) and sentencing him or her to a penalty that takes into account the aggravating features-

(i) but not convicting and sentencing him or her for the crime or crimes referred to in subsection (l)(b); or

(ii) as well as convicting him or her for the crime or crimes refened to in subsection (l)(b), but making the sentences thereforrunconcunently with the first- mentioned sentence or sentences;

(b) convicting the accused for the crime or crimes-

(i) referred to in subsection (l)(a) and sentencing him or her to a penalty that does not take into account the aggravating features; and

(ii) convicting and sentencing him or her for the crime or crimes refened to in subsection (l)(b):

Provided that where the court exercises this option it must satisfy itself that the level of the combined penalties it imposes would be at least equivalent to the level of the penalty it would have imposed if it had exercised option (a).".

2016 GENERAL LAWS AMENDMENT

PART XXI

TRAFFICKING IN PERSONS AcT [CHAPTER 9:25] (No.4 OF 2014)

In section 3 ("Crime of trafficking in persons")(2)-

(a) by the repeal of paragraph (a) and the substitution of-

"(a) in a case described in-

(i) subsection (1)(a)(i); or

No.3

(ii) subsection (1)(a)(ii) or (l)(b) that is committed in any of the aggravating circumstances described in subsection (3);

shall be liable to imprisonment for life or any definite period of imprisonment of not less than ten years; or";

(b) in paragraph (b)- (i) in subparagraph (i) by the deletion of "subsection (l)(a)" and the

substitution of "subsection (1)(a)(i)";

(ii) in subparagraph (ii) by the deletion of "subsection (l)(b)" and the substitution of "subsection (l)(a)(ii) or (1)(b)".

PARr XXII

MoNEY LAUNDERING AND PRocFEDs OF CRIME ACT [CHAPTER 9:24] (No.4 OF 2013)

In section 99 ("Financial year, accounts and audit of Recovered Assets Fund") by the deletion of "Comptroller and Auditor-General and the substitution of "Auditor- General" wherever it appears.

PART XXIII

NATIONAL HERoEs ACT [CHAPTER 10:16J

In section 22 ("Accounts and audit of Fund")-

(a) by the deletion of" Comptroller and Audit-General" and the substitution of" Auditor-General";

(b) by the deletion of "Audit and Exchequer Act [Chapter 22:03] and the substitution of"Public Finance Management [Chapter 22:10] (No. 11 of 2009).

PART XXIV

REsEARCH Acr [CIMPTER 10:22]

1. In section 23 ("Reports by Council")(1) by the deletion of"Audit and Exchequer Act [Chapter 22:03]" and the substitution of"Public FinanceAct [Chapter 22:19] (No. 11 of2009)".

2. In the Schedule ("Powers of Council"), in items 4 and 8, by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PART XXV

LoTTERIES AND GAMING ACT [CHAPTER 10:26]

1. In section 27 ("Audit of Board's accounts")-

(a) in subsection (6) the deletion of Comptroller and Auditor-General" and the substitution of "Auditor-General" wherever it appears;

(b) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

No.3 GENERAL LAWS AMENDME"lT

2. In section 29 ("Internal auditor") by the deletion of "Audit and Exchequer Act LChapter 22:03]" and the substitution of "Public Finance and Management Act !Chapter 22:19] (No. 11 of2009)''.

3. In section 49 ("Audit of State Lotteries Account")--

(a) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General" wherever it appears;

(b) by the deletion of Audit and Exchequer Act !Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

4. In section 57 ("Books of account and audit of Fund") (2) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance and Management Act [Chapter 22:19] (No. 11 of2009)".

PART XXVI

AccESs TO lN'FORMATION A!'-.'D PROTECTION oF PRIVACY Acr [CHAPTER 10:27] (No. 5 OF 2002)

1. In section 49 ("Accounts and audit of Fund")-

(a) by the deletion of "Comptroller-General" and substitution of "Auditor- General" wherever it appears;

(b) in subsection (2) by the deletion of "Audit and Exchequer Act" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

2. In the Fifth Schedule ("Financial and miscellaneous provisions relating to Commission") in paragraph 5(1) by the deletion of "Audit and Exchequer Act" m1d the substitution of"Public Finance Management [Chapter 22:19] (No. 11 of2009)".

PART XXVII

Amvffi'<'1STRATIVE JusTicE ACT [CHAPTER 10:28]

In section 2 ("lnterpretation")(l)(d)(c) by the deletion of "Prison Services" and the substitution of "Prisons and Con·ectional Service".

PART XXVIII

CENSUS JL'\'D STK!1STICS ACT [CHAffER 10:29] (No. 1 OF 2007)

l. In section 6 ("Reports of Agency")(l) by the deletion of "Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public Finance Management [Chapter 22:19] (No. 11 of2009)".

2. In section 21 ("Accounts and audit")-

(a) subsection (3) by the deletion of "Comptroller andAuditor-General" and the substitution of "Auditor-General" wherever it appears;

2016

(b) subsection (6) by the deletion of "Audit and Exchequer Act [Chapter 22:03] and the substitution of "Public Finm1ce Management [Chapter 22:19] (No. 11 of2009)".

PART XXIX

ZIMBABWE HUMAN RIGIITS Co:tv1MlSSION AcT [CHAPTER 10:30] (No. 1 OF 2007)

1. By the repeal of the Preamble and substitution of the following-

2016 GENERAL LAWS A:tv!ENl)l'vfENT No.3

"WHEREAS sections 242 and 243 of the Constitution provide as follows-

242 Establishment and composition of Zimbabwe Human Rights

Commission

"(I) There is a commission to be known as the ZimbabH•e Human Rights Commission consisting of-

(a) a chairperson appointed by the President after consultation with the Judicial Service Commission and the Committee on Standing Rules and Orders; and

(b) eight othermembers appointedby the Presidentfrom a list of notfewer than twelve nominees submittedby the Cornmillee on Standing Rules and Orders.

(2) The chairperson ofthe Zimbabwe Human Rights Commission mustbea person who has been qualifiedfor at least seven years to practise as a legal practitioner in Zimbabwe.

(3) If the appointment ofa chairperson to the Zimbabwe Human Rights Commission is not consistent with a recommendation ofthe Judicial Service Commission, the President must cause the Committee on Standing Rules and Orders to be informed as soon as practicable.

(4) Members of the Zimbabwe Human Rights Commission must be chosen for their integrity and their knowledge and understanding of. and experience in, the promotion ofhuman rights.

243 Functions of Zimbabwe Human Rights Commission

(I) The Zirnbabwe Human Rights Commission has the following functions-

(a) to promote awareness ofand respect for human rights and freedoms at all levels ofsociety;

(b) to promote the protection, development and attainment ofhuman rights andfreedoms;

(c) to monitor, assess and ensure observance ofhuman rights andfreedoms;

(d) to receive and consider complaints from the public and to take such action in regard to the complaints as it considers appropriate;

(e) to protect the public against abuse ofpower and maladministration by State and public institutions and by officers of those institutions;

(f) to investigate the conduct ofany authority or person, where it is alleged that any of the human rights and freedoms set out in the Declaration ofRights has been violated by that authority or person;

(g) to secure appropriate redress, including recommending the prosecution ofoffenders, where human rights or freedoms have been violated;

(h) to direct the Commissioner-General of Police to investigate cases of suspectedcriminal violations ofhuman rights or.freedoms and to report to the Commission on the results ofany such investigation;

(i) to recommend to Parliament effective rneasures to promote human rights and.freedoms;

(j) to conduct research into issues relatinfi to human rights and.freedoms and social justice; and

(k) to visit and inspect-

(i) prisons, places ofdetention, refugee camps and relatedfacilities; and

No.3 GENERAL LAws Al\mNDivlli'H

(ii) places where mentally disordered or intellectually handicapped persons are detained.".

2. In section 2 ("Interpretation") by the deletion of "section lOOR (1 )" and substitution of "section 242".

3. In section4 ("Functions of Commission") by the deletion of''section lOOR (6) and (7)" and the substitution of "section 243".

4. In section 19 ("Audit of Accounts") (20) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General" wherever it appears.

PARTXX..'C

DEFENCE AcT [CHAPTER 11 :02]

1. By the repeal of the Preamble and substitution of the following-

"WHEREAS sections 211 and 212 of the Constitution provide as follows-

211 Defence Forces

(1) The Defence Forces ofZimbabwe consist ofan Army, an Air Force and any other services that may be established under an Act ofParliament.

(2) The Defence Forces are the only lawful military forces in Zirnbabwe.

(3) The Defence Forces must respect the fundamental rights and freedoms ofall persons and e non-partisan, national in character, patriotic, professional and subordinate to the civilian authority as established by this Constitution.

2016

(4) The Defence Forces must be maintained as disciplined military forces.

(5) An Act of Parliament must provide for the organisation. structure. management, regulation, discipline and, subject to section 218, the conditions of' service ofmembers of the Defence Forces.

AND \VHEREAS it is desirable to make further provisions for the Defence Forces and the Defence Forces Service Commission:

NOW, THEREFORE, be it enacted as follows-".

2. In section 2 ("Interpretation")-

(a) in the definitions of"Air Force" and"Atmy" by the deletion of"subsection (1) of section 96 of the Constitution" and substitution of"section 211(1) of the Constitution";

(b) in the definition of "Commander" by the repeal of "subsection (3) of section% of the Constitution" and substitution of"section 216 (2) of the Constitution";

(c) in the definition of "Commission" by the repeal of "section 97 of the Constitution'' and the substitution of "section 217 of the Constitution".

PARTX..XXI

DEFENCE PRoCUREIVfENT ACT [CHAPTER 11 :03]

L In section 7 ("Establishment of Fund") (l) by the deletion of "Audit and Exchequer Act [Chapter 22:03]and the substitution of "Public Finance Management [Chapter 22:19] (No. 11 of2009).

2. In section 10 ("Accounts and audit")-

(a) by the deletion of "Comptroller and Auditor-General" and substitution of ''Auditor-General" \<Vherever it appears;

2016 GENERAL LAWS AMENDMENT No.3

(b) by the deletion from subsection (4) of "Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

PART XXXII

EMERGENCY PoWERS AcT [CHAPTER 11 :04]

1. By the repeal of the long title and the substitution of-

"AN ACf to make exceptional provision for the protection of the community in cases where a declaration in terms of subsection (2), or a resolution in terms of subsection (6), of section 113 of the Constitution is in force; and to provide for matters incidental thereto or connected therewith.".

2. In section 3 ("President may make emergency regulations")-

(a) subsection (1) by the repeal of "section 311 of the Constitution" and the substitution of "section 113 of the Constitution";

(b) subsection (3) (a) by the repeal of "section 311 of the Constitution" and the substitution of "section 113 of the Constitution".

3. In section 6 ("President may make regulations for preventive detention")-

(a) subsection (1) by the repeal of "section 311 of the Constitution" and the substitution of "section 113 of the Constitution";

(b) subsection (1)(d) by the repeal of "paragraph 2 of Schedule 2" and the substitution of "section 2 (2) of the Second Schedule".

4. In section 7 ("Continuation of regulations in certain circumstances")-

(a) subsection (1) by the deletion of "section31J of the Constitution" and the substitution of"section 113 of the Constitution";

(b) subsection (2) by the deletion of "section 31J of the Constitution" and the substitution of "section 113 of the Constitution".

PARTXXXlll

NATIONAL SERVICE ACT [CHArrFR 11 :08]

1. In section 2 ("Interpretation")(l) in the definition of "Commander" by the repeal of paragraph (c) and the substitution of-

"(c) in relation to the Prisons and Correctional Service, the Commissioner- General of Prisons; or".

2. In section3 ("Meaning of"resident"")(3)(e) by the deletion of"Prison Service" and the substitution of "Prisons and Correctional Service".

3. In section 11 ("Call-up for Phase I Service")(3), by the repeal of paragraph (b) and the substitution of-

"(b) the Prisons and Correctional Service, unless the Commissioner-Geneml of Prisons has agreed thereto.".

4. In section 25 ("Conditions of National Service and transfer ofpersons from one designated Service to another")(3), by the repeal of paragraph (c) and the substitution of-

"(b) the Prisons and Correctional Service, by or under the law relating to the Prisons and Correctional Service;".

No.3 GENERAL LAws ArviEND'!v!El';'T

PART XXXIV

PRoTECTED PLACEs Al'.'D AREAsAcr [CHAPTER 11 :12]

In section 6 ("Circumstances in which Minister may make orders")(1)(b)(iii) by the deletion of "section 311 of the Constitution" and the substitution of "section 113 of the Constitution".

PART XXXV

WAR VETERANS Acr [CHAPTER 11:15]

In section 10 ("Accounts and audit of Fund") (3) by the deletion of "Comptroller and Auditor-General" and "Audit and Exchequer Act [Chapter 22:03]" and the substitutionof"Auditor-General" and "Public Finance Management [Chapter 22:19] (No. 11 of 2009), respectively.

PART XXXVI

PosTAL AND TELECOMMUNICATIONS Acr [CHAPTER 12:05] (No. 4 OF 2000)

1. In section 23 ("Audit ofAuthority's accounts")(!) bythedeletionof"Auditand ExchequerAct [Chapter 22 :03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009).

2. In section 28 ("Reports of Authority") (1) by the deletion of "Audit and ExchequerAct [Chapter 22:03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009).

3. In section 79 ("Accounts and audit of Fund")-

(a) in subsection (1) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General";

(b) in subsection (2) by the deletion of "Comptroller and Auditor- General "and "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Auditor-General" and "Public Finance Management Act [Chapter 22:19] (No. 11 of2009) respectively.

4. In the Second Schedule ("Ancillary powers ofAuthority") in paragraph 11 by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009).

PART XXXVII

BROADCASTING SERVICES Acr [CHAPTER 12:06] (No. 3 OF 2001)

1. In section35 ("Accounts and auditofFund") (1) by the deletion of"Comptroller and Auditor-General" and the substitution of "Auditor-General".

2. In the Second Schedule ("Ancillary powers of Authority") in paragraph 11 of by the deletion of"Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance ManagementAct [Chapter 22:19] (No. 11 of2009)".

3. In the Fourth Schedule ("Financial and Miscellaneous Provisions Relating to Authority")-

(a) inparagraph5(l)bydeletionof"AuditandExchequerAct[Chapter22:03]" andthesubstitutionof"PublicFinanceManagementAct[Chapter22:19] (No. 11 of 2009)";

(b) inparagraphS(1) by deletionof"AuditandExchequerAct [Chapter 22:03]" and the substitution of"Public Finance ManagementAct [Chapter 22:19] (No. 11 of2009)".

2016

2016 GENERA.L LAWS Atv1EN1)Mbl'i"T No.3

PART XXXVIII

RAIUVAYS Acr [CHAITER 12:06]

1. In section22 ("Submission of plam, reports and infonnation by Raihvays")( 1) by the deletion of"Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009).

2. In section31 ("Audit ofaccounts of Railways")(5) by the deletion of ''Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009).

PART XXXIX

CrVIL.AVIATION Acr [CHAPTER 13:16] (No.7 OF 1998)

1. In section 9 ("Reports, plans and programmes ofAuthority")(1) by the deletion of"Audit and ExchequcrAct [Chapter 22:03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009).

2. In section 39 ("Audit of Authority's accounts")-

(a) in subsection (1) by the deletion of "Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public Finance l\1anagement Act [Chapter 22:19] (No. 11 of 2009)";

(b) in subsection (6) by the deletion of "Audit and Exchequer Act [Chapter 22 :03]" and "Comptroller and Auditor-General" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)" and "Auditor-General" respectively.

PART XL

TMFFIC SAFETY COUNCIL ACT [CHAITER 13:17]

1. In section 22 ("Reports of Council")-

(a) in subsection (1) by the deletion of "Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public Finance ManagementAct [Chapter 22:19] (No. 11 of2009)";

(b) in subsection (2) by the deletion of "Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

2. In section 31 ("Audit of Council's accounts")-

(a) in subsection (1) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)";

(b) in subsection (6) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and "Comptroller and Auditor-General" and the substitution of "Public Finance Management Act [Chapter 22: 19] (No. 11 of 2009) and "Auditor-General" respectively.

3. In section 33 ("Internal auditor") by the deletion of "Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public finance Management Act [Chapter 22:19] (No. 11 of2009)".

No.3 GENtRAL LAWS AMENDMTh'T

PART XLI

RoADs AcT [CHAPTER 13:18] (No.6 oF 2001)

1. In section 11 ("Reports of Road Administration")(I) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

2. In section 22 ("Imposition of fuel levy")-

(a) subsection (l) by the deletion of "Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)";

3. In section 48 ("Trading on roads or in restricted area") by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PART XLII

ELEcrruciTY Acr [CHAPTER 13:19]

In the First Schedule ("Ancillary powers ofCommission") in paragraph 11 by the deletion of"Audit and ExchequerAct [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

2016

PART XLIII

RURAL ErEcrru:FrcATION Acr [CHAPTER 13:20] (No.3 OF 2002)

1. In section 38 ("Audit of Fund's account")-

(a) in subsection (1) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)";

(b) in subsection (6) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and "Comptroller and Auditor-General" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)" and "Auditor-General" respectively.

2. In section 40 ("Internal auditor") by the deletion of "Audit and Exchequer Act LChapter 22:03]" and the substitution of "Public Finance Management Act LChapter 22:19] (No. 11 of2009)".

3. In section 44 ("Interpretation in Part VIII") on the definition of "Fund" by the deletion of"Audit and ExchequerAct [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PART XLIV

MErEoRoLOGicAL SERVICES Acr [CHAPTER 13:21]

In section 7 ("Meteorological Services Fund")(I) by the deletion of "Audit and Exchequer Act [Chapter 22:03)" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009)"_

',_

2016 GB\'ERAL LAWS AMFiNDlvffiVf No.3

PART XLV

PETROLEl.JNf AcT [CHAPTER 13:20] (No. 11 OF 2006)

In section 50 ("Books of accounts and audit of Fund") (2) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and "Comptroller and Auditor-General" and the substitution of"Public Finance Management Act [Chapter 22:19] (No 11 of 2009)" and "Auditor-General" respectively.

Pt\I<T XLVI

FAcTORIES A.ND WoRKS AcT [CHAPTER 14:08]

In section 24 ("Appeal from decision ofAdministrative Court or magistrate") (1) (b) by the deletion of "president" and the substitution of "judge".

PART XLVII

SHoP LICENCEs AcT [CH4PTER 14:17]

In section40 ("Composition ofAdministrative Comt") (1) and (3) by the deletion of "president" wherever it occurs and the substitution of "judge".

PART XLVIII

STAJ'.'DARDS DEVELOPlvfEl'ff FUND ACT [CHAPTER 14:19]

1. In section 10 ("Annual budgets and reports")(3) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

2. In section 12 ("Accounts and audit of Fund")(l) and (2) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

PART XLIX

TouRisM ACT [CHAPTER 14:20]

1. In section 19 ("Annual budgets and reports")( I) by the deletion of"Audit and ExchequerAct [Chapter 22:03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

2. In section 27 ("Audit ofAuthority's accounts")-

(a) in subsection (1) and (6) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)";

(b) in subsection (6) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

3. In section 34 ("Books of account and audit of Zimbabwe Tourism Fund")(2) by the deletion of-

(a) Audit and ExchequerAct [Chapter 22 :03]" and the substitution of ''Public Finance Management Act [Chapter 22:19] (No. 11 of2009)";

(b) "Comptroller and Auditor-General" and the substitution of "Auditor- General".

PARTL

TRADITIONAL BEER ACT [CHAfYfER 14:24]

In section 5 ("Authority to brew, sell or supply traditional beer to service

No.3

personnel")(l)(b) by the deletion of "Prison Service" wherever it occurs and the substitution of "Prisons and Correctional Service".

PARTLI

CoMPETITION Acr [CHAPTER 14:28] (No.7 oF 1996)

1. In section 26 (''Audit of Commission's accounts") by the deletion-

(a) in subsections (1) and (6) of"Audit and ExchequerAct [Chapter 22:03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)";

(b) in subsection (6) of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

3. In section 41 ("Composition of Administrative Court for purposes of this Act") by the deletion of "President" and "Presidents", wherever they appear, and the substitution of "Judge" and "Judges" respectively.

PARTLII

ZIMBABWE INVESTMENT AurnoRITY AcT [CHAPTER 14:30] (No. 4 OF 2006)

1. In section9 ("Reports ofAuthority")(!) by the deletion of"Audit and Exchequer Act, [Chapter 22:03] and the substitution of "Public Finance Management Act, [Chapter 22:19] (No. 11 of2009)]".

2. In section 12 ("Minister may give Authority directions in national interest")(3) by the deletion of"Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

2016

3. In section 28 ("Accounts and audit")-

(a) in subsection (3) by the deletion of "Comptroller and Auditor-General", wherever it appears, and the substitution of "Auditor-General".

(b) in subsection (6) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

PARTLIII

NATIONAL BIOTECHNOLOGY AUIHORITY ACT [CHAPTER 14:31] (No.3 OF 2006)

1. In section 20 ("Reports of Authority")(!) by the deletion of "Audit and ExchequerAct [Chapter 22:03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

2. In section 38 ("Audit ofAuthority's accounts'')-

(a) in subsection (5) by the deletion of"Comptroller and Auditor-General", wherever it appears, and the substitution of "Auditor-General";

3. In section 48 ("Books of account and audit of Fund")(2)-

(a) by the deletion of"ComptrollerandAuditor-General", wherever it appears, and the substitution of "Auditor-General";

(b) by the deletion of "Audit and Exchequer Act, [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

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2016 GENERAL LAWS A\lliNDM!m'T

PARTLIV

NATIONAL INCOMES AND PRICING Col\1MISSION ACT [CR4PTER 14:32] (No.2 OF 2007)

In section 16 ("Audit of Commission's accounts")(5)-

No.3

(a) by the deletion of"Comptrollerand Auditor-General", wherever it appears, and the substitution of "Auditor-General";

(b) by the deletion of"Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

PART LV

INDIGENISATION AND EcoNOMIC EMPoWERMENT ACT [CHA!TER 14:33] (No. 14 OF 2007)

In the Third Schedule ("Provisions Applicable to Administration of Fund") in paragraph 4(2) by the deletion of "Comptroller and Auditor-General" and "Audit and ExchequerAct [Chapter 22:03]" and the substitution of "Auditor-General" and "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)" respectively.

PART LVI

MEDICINES AND ALLIED SUBSTANCES CoNTROL ACT [CHAJTER 15:03]

In section 13 ("Funds, accounts and audit")(4) by the deletion of "Comptroller and Auditor-General", and the substitution of "Auditor-General".

PART LVII

ZIMBABWE NATIONAL FAMILY Pl..ANNING CoUNCIL ACT [CHAFTER 15:11]

In section32 ("Reports by Council")(l) by the deletion of"AuditandExchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PART LVIII

MENTAL HEALrnAcr [CR4PTER 15:12]

In section 118 ("Cost of maintaining patients at State institutions")(l) by the deletion of"Audit and ExchequerAct [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PARTLIX

NATIONAL AIDs CoUNCIL OF ZIMBABWE ACT [CHAJT£1? 15:14] (No. 16 OF 1999)

1. In section 19 ("Reports of Council")(l) by the deletion of "Audit and Exchequer Act [Chapter 22:03] and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

2. In section 29 ("Audit of Council's accounts")-

(a) in subsection (6) by the deletion of"Comptroller and Auditor-General", wherever it appears, and the substitution of "Auditor-General".

3. In section 31 ("Internal auditor") by the deletion of "Audit and Exchequer Act [Chapter 22:03] and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

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No.3 GENERAL LAWS AMENDMENT 2016

PART LX

RADIATION PROTECTION Acr [CHAPTER ]5:15] (No.5 OF 2004)

1. In section 12 ("Audit ofAuthority's accounts")-

(a) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)'';

(b) bythedeletionof"CornptrollerandAuditor-General", whereveritappears, and the substitution of "Auditor-General".

2. In section 13 ("Internal Auditor") by the deletion of"Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PART LXI

HEALTH SERVICEAcr [CHAPTER 15:16] (No. 28 OF 2004)

1. In section 21 ("Administration, application and income ofhealth services fund") by the repeal of subsection (1) and the substitution of the following-

"(1) Each hospital management board shall, subject to the constitution drawn up for the regulation of the fund in terms of section 18 of the Public Finance Management Act [Chapter 22:19] (No. 11 of 2009), administer the health services fund established for the hospital for which the hospital management board is the responsible authority.".

2. By the repeal of section 23 and the substitution of-

"23 Audit of accounts

(1) The accounts of a hospital management board shall be audited by the Comptroller and Auditor-General, who for that purpose shall have the function conferred on him or her by the Public Finance ManagementAct [Chapter 22:19] (No. 11 of2009) and theAudit Office Act [Chapter 22:18] (No. 12 of2009).

(2) Any member of the hospital management board or Health Service who-

(a) fails or refuses to provide the Auditor-General with any explanation or information required by him or her for the purpose of an audit in temiS of subsection (1); or

(b) hinders or obstructs the Auditor-General in the conduct of an audit in terms of subsection (1);

shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.

(3) Notwithstanding subsection (1) the ComptrollerandAuditor- General may appoint a suitably qualified person to audit the accounts of a hospital management board and if he or she does so-

(a) subsections (1) and (2) shall apply in respect of the person so appointed as if he or she were the Auditor-General; and

(b) any expenses incurred bythe personsoappointed incarrying out his or her audit shall be met from the health services fund.".

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2016 No.3

PART LXII

PENsioN AND OTHER BEl\'EFITS Acr [CHArTER 16:01]

1. In section 11 ("Application of provisions to certain former officers")(l)(b) (i) by the deletion of "Comptroller and Auditor-General" wherever it appears aud the substitution of "Auditor-Generdl".

2. In section 13 ("Interpretation")(1) in the definition of "Commanding Officer", by the repeal of paragraph (c) and the substitution of-

"(c) section 14(3), the Commissioner-General of the Prisons and Correctional Service;".

PART LXIII

PENSIONS REvmw AcT [CHAPTER 16:03]

In section 2 ("Review of pensions")(3)(c) by the repeal of subparagraph (ii) and the substitution of-

"(ii) judges of the Administrative Court;".

PART LXIV

STATE SERVICE (DISABILITY BENEFITS) Acr [CHAPTl:R 16:05]

1. In the long title of the Act by the deletion of"Prison Service" and the substitution of "Prisons and Correctional Service".

2. In section 2 ("Interpretation") by the deletion of "Prison Service" and the substitution of "Prisons and Correctional Service" wherever it appears.

3. In section 10 ("Disablement Benefits Appeal Board")(2)(a) by the deletion of "President of the Administrative Court"and the substitution of "judge of the Administrative Court".

4. In section 37 ("Application of Act to certain persons") by the deletion from subsection (I) of "Prison Service" and the substitution of "Prisons and Correctional Service".

5. In section46 ("Savings") by the deletion from subsection (4) of"Prison Service" and the substitution of "Prisons and Correctional Service".

PART LXV

STATE SERVICE (PENsiONS) Acr [CHAPTER 16:06J

1. In section 2 ("Interpretation") on the definition of "unifom1ed forces" by the deletion of the definition of paragraph (c) and the substitution of the following-

"(c) the Prisons and Correctional Service.".

2. In section 17 ("Regulatory powers") (4)(c) by the deletion of"Prison Service" and the substitution of "Prisons and Couectional Service".

PARr LXVI

NATIONAL SoCIAL SECURITY AUTHORITY Acr [CHAPTER 17:04]

In section 24 ("Repmis of Authority")(!) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

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PARr LXVII

Ex-PoLITICAL PRISOl'iERS, DFTAINEES Au'iD REsTRICTEES Acr [CJIAPTFR 17:1 0] (No. 20 OF 2004)

In section 10 ("Accounts and audit of Fund")(3) by the deletion of "Comptroller and Auditor-General" and "Audit and Exchequer Act [Chaprer 22:03j" and the substitution of "Auditor-General" and "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)" respectively.

PART LXVIII

AGRICUL1TRc\L A'ID RFR\1. DEVELOPME!'.T ALTrHORITY AcT [CHAPTER 18:01]

1. In section 19 ("Authority to submit reports and furnish information")( l) by the deletion of"Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

2. In section31 ("Appointment of auditors and audit of accounts ofAuthority")(1) by the deletion of "Comptroller andAuditor-General" and the substitution of "Auditor- General".

3. Insection32 ("Powers ofauditors")(!) by the deletion of"AuditandExchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PART LXIX

AGRICULTURAL FINANCE ACT [CHAY£6'R 18:01]

In section 31 ("Appointment of auditors and audit of accounts of Corporation") by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and "Comptroller and Auditor-General" and the substitution of "Public Finance .Management Act [Chapter 22:19] (No. 11 of2009)" and "Auditor-General" respectively.

PART LXX

AGRICULTURAL REsEARCH AcT [CJ-IAPTFR 18:05]

In section 23 ("Audit of accounts") by the deletion of "Comptroller and Auditor- General" and the substitution of "Auditor-General" wherever it appears.

PART LXXI

GRAIN MARKETING AcT [CHAPTER 18:14]

In section 23 ("Repmts ofGrain :tvfarketing Board") by the deletion of "Audit ami Exchequer Act [Chapter 22:03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

PART L/G'XII

Pro INDUSTRY AcT [CHAPTER 18:15J

In section 23 ("Repm1s of Board")( 1) by the deletion of "section 44 of the Audit and Exchequer Act [Chapter 22:03]" and the substitution of "section 47 of the Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PARr LXXIII

ToBACco INTIUSTRY AND MARKEriNGACT [CHAPTER 18:20]

In the Schedule ("Powers of Board") in paragraph 8 by the deletion of"Audit and

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2016 No.3

ExchequerAct [Chapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PART LXXIV

TOBACCO RESEARCH ACT [CHAPTER 18:21]

1. In section 8 ("Powers of Board") (d) and (h) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

2. In section 11 ("Accounts, audit and reports")(3) by the deletion of "Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PART LXXV

AGRICULTURAL MARKETING AurHoRrrY Acr [CHAPTER 18:24]

l. In section 20 ("Reports of Authority")(!) by the deletion of Audit and Exchequer Act [Chapter 22:03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

2. In section 26 ("Audit of Authority's accounts")(5) by the deletion of ''Audit and Exchequer Act [Chapter 22:03]" and "Comptroller and Auditor-General" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009) and "Auditor-General" respectively.

3. In section 36 ("Books of Account and audit of Fund")(2) by the deletion of "Comptroller and Auditor-General" and "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Auditor-General" and "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)" respectively.

PART LXXVI

FoREsT Acr [CHAPTER 19:05]

1. In section 25 ("Accounts and audit") (3)(a) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

2. In section 25A ("Reports of Commission") (1) by the deletion of Audit and ExchequerAct [Chapter 22:03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PART LXXVII

AoRicuuuRAL LAND SroTrLEMENT Acr [CHAPTER 29:13]

In section 31 ("Composition ofAppeal Board")(2)(b) by the deletion of"President or fanner President of the Administrative Comt" and the substitution of "Judge or former judge of the Administrative Court".

PART lXXVIII

DEEDS REGISTRIES Acr [CH4PTER 20:05]

In section 83 ("Appeals to Planning Appeals Board")( I) by the deletion of"Presi- dent" and the substitution of "Judge".

PART LXXIX

FINao LocATION (DisTRIBUTION oF LAND) Acr [CHAPTER 20:07]

In section 3 ("Location to revest in Governor") by the deletion of "Govemor"

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No.3 GENERAL LAWS A~lEND!vlENT

and the substitution of "Chairperson of a Provincial Council elected in terms of section 272 ofthc Constitution".

PART LXXX

Lu·m AcQUISITION Acr [CHAPTER 20:1 0]

1. In section2 ("Interpretation")(3)(a) by the deletion of"Comptrollcr andAuditor- General" and the substitution of "Auditor-C'.reneral".

2. In section 25A ("Reports of Commission")(!) by the deletion of Audit and Exchequer Act [Chapter 22:03f' and the substitution of "Public Finance Management Act fChapter 22: 19] (No. 11 of2009)".

3. In section 45 by the deletion of "President" wherever it occurs and the substitution of "Judge".

4. In section 46 by the deletion of "President" and the substitution of "Judge" wherever it occurs.

PART LXXXI

PARKS AND WILD LIFEAcr [CHAPTER 20:14]

L In section 9 ("Reports of Authority") by the deletion from subsection (1) of "paragraph 18 ofthe Twelfth Schedule of the Audit and ExchequerAct [Chapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

2. In section 16A("AuditofAuthority's accounts")(!) by the deletionof"Auditand Exchequer Act [Chapter 22 :03]" and the substitution of"Pnblic Finance Management Act [Chapter 22:19] (No. 11 of2009)".

3. In section 16C ("Intemal auditor") by the deletion of "section 19 of the Audit and Exchequer Act [Chapter 22:03]" and the substitution of "section 80 of the Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

PARTLX'XXII

WATER ACT [CHAPTER 20:24]

1. In section75 ("Method ofclaiming servitudes'')(l)(b) and (2)(a) by the deletion of "President" and the substitution of "Judge".

2. In section 83 ("Holders of servitudes awarded by Administrative Court")(2) by the deletion of "President" and the substitution of "Judge".

3. In section 84 ("Registration of servitudes acquired by agreement")(2) by the deletion of "President" and the substitution of "Judge".

2016

4. In section 85 ("Registration ofservitudes in Deeds Registry")(5) by the deletion of "President" and the substitution of "Judge".

5. In section 113 ("Composition ofAdministrative Court for purposes of this Act") (1) and (3) by the deletion of "President" by the substitution of "Judge".

PART LXXXIII

ZnvrnABWE NATIONAL WATER AurHORlTY An· [CHAPTER 20:25]

l. In section 19 ("Reports ofAuthority") by the dcletionof"Audit and Exchequer Act [Chapter 22:03f' and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

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2016 GENERAL LAWS AlvfENDMENT No.3

2. In section 36 ("Audit ofAuth01ity's accounts") by the deletion of "Comptroller and Auditor-General" and "Audit and Exchequer Act [Chapter 22:03]" wherever it occurs and the substitution of "Auditor-General" and "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)" respectively.

3. In section 45 ("Books of account and audit of Fund") by the deletion of "Comptroller and Auditor-General" and "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Auditor-General" and "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)" respectively.

PART LXXXIV

El-<'VIRONMEl'.'TAL ?vlAt'JAGEivlTh'T AcT [CHAPTER 20:27] (No. 13 oF 2002)

1. In section 39 ("Reports ofAgency") by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Clwpter 22:19] (No. 11 of 2009)".

2. In section 46 ("Audit ofAgency's accounts") by the deletion of "Comptroller and Auditor-General" wherever it occurs and "Audit and Exchequer Act [Chapter 22 :03]" and the substitution of"Auditor-General" and "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)" respectively.

3. In section 47 ("Internal Auditor") by the deletion of "Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

4. In section 54 ("Books of account and audit of Fund") by the deletion of "Comptroller and Auditor-General" and "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Auditor-General" and "Public Finance ~vfanageme11t Act [Chapter 22:19] (No. 11 of 2009)" respectively.

5. In section 131 ("Composition ofAdministrative Court for purposes ofthis Act'')-

(a) in subsection (l) by the deletion of "a Senior President" and the substitution of "a Judge President";

(b) in subsection (2)(b) by the deletion of "Senior Presidents" and the substitution of "Judge Presidents";

PART LXXXV

GAZI-:rmo LiLND (CoNSEQUFNrLA.L PRovisioNs) Acr [CHAP7ER 20:28] (No.8 OF 2006)

1. In the Long title by the deletion of "section 16B of the former Constitution" and substitution of "section 16B of the former Constitution and section 72 of the new Constitution".

2. In section 2 ("Interpretation") with the definition of "Gazetted Land"-

(a) in paragraphs (a) and (b) by the deletion of "Constitution" wherever it occurs and the substitution of "former Constitution".

(b) by the insertion of the following pamgraph after paragraph (b)-

"(c) in accordance with section 72(2) of the Constitution, is identified in tetms of that provision by the acquiring authority on or after the 22nd May, 2013, in the Gazette or Gazette Extmordinary for any of the purposes set forth in (a) to (b) of that provision;".

3. In section 3 ("Occupation of Gazetted land without lawful authority")(2)-

(a) in pamgraph (a) by the deletion of "Constitution" and the substitution of "former Constitution";

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No.3 C:h"'ibRAL LAWS AMENJ)ME'IT

(b) by the insertion of the following paragraph after paragraph (b)-

"(c) refened to in paragraph (c) of the definition of"Gazetted land" in section 2(1 ), shall cease to occupy, hold or use that land forty-five days after the date when the land is identified in accordance with section 72(2) of the Constitution, unless the owner or occupier is lawfully authorised to occupy, hold or use that land.".

1. In the preamble by the deletion of "16B" and substitution of "72"-

PART LXXXVI

!vfrNERALS .tvfARKEriNG CoRPORATION AcT [ CJ.iAPTER 21 :04]

In section 23 ("Reports of Corporation")(!) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PART LX~XVII

rvfrNEs AND MINERALS AcT [CHAPTER 21 :05]

1. In section 35 ("Reservations against prospecting and pegging")(ll) by the deletion of "Governor" and the substitution of "Chairperson of Provincial Council"

2. In section 245 (''Fixing of royalty") by the deletion of "House of Assembly" and the substitution of "National Assembly" wherever it occurs.

PART LXXXVIII

RoASTING PLANT CoRPORATION AcT [CHAPTER 21 :07]

2016

1. In section 21 ("Reports of Corporation")(l) by the deletion of "Audit and ExchequerAct [Chapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

2. In section 23 ("Minister may give Corporation directions in national interest") (4) by the deletion of"Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

PART LXXXIX

ZIMBABWE lvfii-.'ING DEVELOPMTh'T CoRPORATION ACT [CHAPTER 21 :08]

In section 21 ("Repmts of Corporation") (1) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PART XC

AfRICAN DEVELOPMENT BANK (MEMBERSHIP oF Znvm.tillWE) Acr [CHAPTER 22:01]

In section 2 ("Interpretation") by the repeal of the definition of "Consolidated Revenue Fund" and the substitution of-

""Consolidated Revenue Fund" means the Consolidated Revenue Fund referred to in section 302 of the Constitution of Zimbabwe;".

PART XCI

E'\CHANGE CoNTROL AcT [CHAPTER 22 :05]

In section 10 ("Recovered Foreign Currency Fund and reward for information")(6) by the deletion of "Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No 11 of 2009)".

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2016 GENERAL LAws AMENDMENT No.3

PART XCII

HousiNGS AND BUILDING Acr [CHAPTER 22:07]

1. In section 3 ("Establishment of Housing and Guarantee Funds")(l) by the deletion of"Audit and ExchequerAct [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

2. In section 14 ("Establishment of Building Funds")(l) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

3. In section 18 ("Establishment of rates funds")(1) by the deletion of"Audit and Exchequer Act [Chapter 22 :03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

4. In section 27 ("Accounts and audit")(2) by the deletion of"Audit and Exchequer Act [Chapter 22:03]" and "Comptroller and Auditor-General" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)" and "Auditor- General" respectively.

PARr XCIII

INTERNATIONAL FINANCIAL ORGANISATIONs Acr [CHAPTER 22:09]

In section 2 ("Interpretation") by the repeal of the definition of "Consolidated Revenue Fund" and the substitution of-

'"'Consolidated Revenue Fund" means the Consolidated Revenue Fund referred to in section 302 of the Constitution of Zimbabwe;".

PART XCIV

PROCUREMENT Acr [CHAPTER 22:14] (No.2 oF 1999)

1. In section 18 ("Minutes of proceedings of State Procurement Board and of committees')(2) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

2. In section 28 ("Audit of State Procurement Board's accounts")-

(a) in subsection (1) by the deletion of"ComptrollerandAuditor General" and "sections 8 and 9 ofthe Audit and ExchequerAct [Chapter 22:03]" and the substitution of"Auditor-General" and "the Public Finance Management Act [Chapter 22:19] (No. 11 of2009)" respectively;

(b) in subsection (2)(a) and (b) by the deletion of "Comptroller and Auditor General" wherever it appears and the substitution of "Auditor-General";

(c) in subsection (3) and (3)(a)by the deletion of "Comptroller and Auditor- General" and the substitution of "Auditor-General".

3. In section 29 ("Internal auditor") by the deletion of "section 19 of the Audit and ExchequerAct [Chapter 22:03]" and the substitution of "section 80 of the Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

4. In section 37 ("Suppliers to permit access to their books and accounts")(l)(b) by the deletion of"Comptroller and Auditor-General" and the substitution of "Auditor- General".

PART XCV

REsERVE BANK oF ZIMBABWE AcT [CHAPTER 22:15] (No.5 OF 1999)

1. In section 34 ("Allocation of losses or gains due to exchange rate fluctuations

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No.3 GE.NERAL LAWS A}.ffiNDMRiT

and pursuit of monetary policies.")(4) by the deletion of "Comptroller and Auditor- General" and the substitution of "Auditor-General".

2. In section 49 ("Reserves against domestic and international obligations")-

(a) in subsection (3)(a) by the deletion of "House of Assembly" and the substitution of "National Assembly";

(b) in subsection (4) by the deletion of "House of Assembly" and the substitution of "National Assembly".

PART XCVI

AmrT OmcEAcr [CHAPTER 22:18] (No. 12 oF 2009)

1. By the repeal ofthe preamble and the substitution of the following-

"WHEREAS sections 309, 310, 311, 312, 313 and 314 of the Constitution provide as follows:

309 (1) There must be an Auditor-General, whose office is a public office but does not form part ofthe Civil Service.

(2) The functions of the Auditor-General are-

2016

(a) to audit the accounts, financial systems andfinancial management of all departments, institutions and agencies ofgovernment, all provincial and metropolitan councils and all local authorities;

(b) at the request of the Government, to carry out special audits of the accounts ofany statutory body or government-controlled entity;

(c) to order the taking ofmeasures to rect~fy any defects in the managemenT and safeguarding ofpublic funds and public property; and

(d) to exercise any other functions that may be conferred or imposed on him or her by or under an Act ofParliament.

(3) Public officers must comply with orders given to them by the Auditor- General in terms ofsubsection (2)(c).

310 (I) The Auditor-General is appointed by the President with the approval ofParliament.

(2) The Auditor-General must be a Zimbabwean citizen chosen for his or her integrity, and must have been qualified to practice as an auditor for at least ten years.

(3) The term ofoffice of the Auditor-General is a period of not more than six years and a person must not be appointed as Auditor-General after he or she has servedfor one or more periods, whether continuous or not, amounting to twelve years.

(4) Before entering office, the Auditor-General must take, before the President or a person authorised by the President, the oaths ofloyalty and office in the forms set out in the Third Schedule.

31lln the exercise ofhis or her functions the Auditor-General is independent and subject only to the law.

312 (1) An Act of Parliament must provide for the remuneration and benefits of the Auditor-General to be fixed with the approval of the President on the recommendation of the Minister responsible for finance.

(2) The remuneration of the Auditor-General must be charged upon and paid out of the Consolidated Revenue Fund and must not be reduced during his or her tenure ofoffice.

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2016 GENERAL LAWS AMEND!\·lbfiT No.3

3 I3 (1) The Auditor-General may be removed from office only for-

(a) inability to perform the functions ofhis or her office because ofmental or physical incapacity; or

(b) gross incompetence; or

(c) gross misconduct.

(2) If the A1inister responsible for finance, with the concurrence of the parliamentary committee responsible for public accounts, informs the President that

the question o.frenwvinf? the Auditor-Genera/from office ought to be investigated, the President must appoint a tribunal to inquire into the matter.

(3) A tribunal appointed under subsection (2) must consist ofat least three members appointed by the President, ofwhom-

(a) at least one must be a person who has served as a judge; and

(b) at least one must be chosen from a panel ofat least three persons who ha'v'e been nominated by the institute or association established by law to represent public auditors in Zimbabwe.

(4) The institute or association referred to in subsection (3)(b) must nominate the panel referred to in that subsection when called upon to do so by the President.

(5) A tribunal appointed under subsection (2) must inquire into the question of removing the Auditor-General from office and, having done so, must report its findings to the President and recommend whether or not the Auditor-General should

be removed, and ~fthe tribunal so recommends the President must, by order under the public seal, remove the Auditor-Genera/from office.

(6) A tribunal appointed under subsection (2) has the same rights andpowers as commissioners under the Commissions of Inquiry Act [Chapter 10:07}, or any law that replaces that Act.

314 An Act ofParliament must providefor the appointment ofa board to employ persons to assist the Auditor-General in the exercise of his or her functions, and must also provide for-

(a) the qual¢cations of those persons;

(b) the conditions ofservice, conduct and discipline of those persons;

(c) the independence, impartiality and integrity of those persons; and

(d) the organisation, efficiency and well-being of the Auditor-General's office.

NOW, THEREFORE, be it enacted by the Parliament and the President ofZimbabwe as follows-".

2. In section 2 ("lnterpretation")-

(a) in the repeal of the definition of "Comptroller and Auditor-General" and the substitution of-

""Auditor-General" means the person appointed in tem1S of section 309 of the Constitution;";

(b) in the definition of"officer" by the deletion of"Comptroller and Auditor- General" the substitution of "Auditor-General".

3. By the repeal of section 3 and the substitution of-

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No.3 GENERAL LAWS A!-.·fENDlvffi"JT

"3 Salary of Auditor-General

The salary and the related allowances of the Auditor-General shall be a charge on the Consolidated Revenue Fund, which is hereby appropriated to the purpose.".

4. In section 4 ("Tenure of office of Comptroller and Auditor-General") in subsection (5) and (5)(b) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

5. In section 5 ("Duties of Comptroller andAuditor-General")~

(a) in the heading by the deletion of "Comptroller and";

(b) in subsection (1) by the deletion of "Subject to section 106 of the Constitution, the duties of the Comptroller and Auditor-General" and the substitution of "Subject to section 309 of the Constitution, the duties of the Auditor-General'';

6. In section 6 ("Examination and audit of accounts")~

(a) in subsection (1)~

(i) by the deletion of"section 106{1) of the Constitution, the Comptroller and Auditor-General" and the substitution of "section 309 of the Constitution, the Auditor-General";

(ii) in paragraph (a) by the deletion of "House of Assembly" and the substitution of "National Assembly";

(b) in subsection (2) by the deletion of "section 106(1) of the Constitution, the Comptroller and Auditor-General" and the substitution of "section 309 of the Constitution, the Auditor-General".

7. In section 7 ("Comptroller and Auditor-General to satisfy himself or herself that public moneys and State Property are safeguarded")~

(a) in the heading by the deletion of ''Comptroller and Auditor-General" and the substitution of "Auditor-General";

2016

(b) in subsection (1) by the deletion of "Comptroller and A.uditor-General" and the substitution of "Auditor-General";

"(f) the Commissioner-General of the Prisons and Correctional Service, where in his or her opinion the irregularity constitutes misconduct or a breach of discipline on the pmt of any member of the Prisons and Correctional Service; aud".

8. ln section 8 ("Powers of Comptroller and Auditor-General")~

(a) in the heading by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General";

(b) in subsection (1) and (l)(b) by the deletion of "Comptroller and Auditor- General'' and the substitution of "Auditor-General";

(c) in subsections (2) and (3) by the deletion of "Comptroller and Auditor- General" and the substitution of "Auditor-Generd.l";

(d) in subsection (4) by the deletion of 'The Comptroller and Auditor- General may lay before the Attorney-General" and the substitution of "The Auditor-General may lay before the Prosecutor-General".

9. In section 9 ("Contracted audits")~

(a) in subsection (1) by the deletion wherever it appears of "Comptroller and Auditor-General" and the substitution of "Auditor-General";

(b) in subsection (2) by the deletion of ''Comptroller and Auditor-General" and the substitution of "Auditor-General".

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2016 Ga-'ERAL LAws AMENDMENT No.3

10. In section 10 ("Annual report of Comptroller and Auditor-General")-

(a) in the heading by the deletion of"Comptroller and Auditor-General" and the substitution of "Auditor-General";

(b) in subsections (1), (2), (2)(a) and (2)(b) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

11. In section 11 ("Special reports")-

(a) in subsection (1) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General";

(b) in subsections (2) and (3) by the deletion of "Comptroller and Auditor- General" wherever it appears and the substitution of "Auditor-General"

12. In section 12 ("Reports to be laid before Parliament")-

(a) in subsection (1) by the deletion of "House of Assembly" wherever it appears and the substitution of "National Assembly";

(b) in subsection (2) by the deletion of "House of Assembly" wherever it appears, and "Comptroller and Auditor-General", and the substitution of "National Assembly" and "Auditor-General" respectively.

13. In section 13 ("Constitution of Audit Office")(1)(a) by the deletion of "Comptroller and Auditor-General" and the substitution of"Auditor-General".

14. In section 14 ("Establishment and composition ofAudit Office Board")(l )(c) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor- General".

15. In section 24 ("Removal of members from Audit Office")(1) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

16. In section 29 ("Audit committee ofOffice")(6) by the deletion of"Comptroller and Auditor-General" and the substitution of "Auditor-General".

17. In section 30 ("Minister may give Policy directions to Board")(6) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor- General".

18. In section33 ("Offences and penalties")(a) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

19. In the First Schedule ("Provisions Applicable to Board")-

(a) in paragraph 1(d) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General";

(b) in paragraph 9 by the deletion wherever it appears of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

20. In the Second Schedule ("Powers ofAudit Office Board") in items 20 and 21 by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor- General".

PART XCVII

PVBuc FINANCE M<\NAGEMENT Acr [CHAPTER 22:19] (No. 11 oF 2009)

1. In section 2 ("Interpretation")-

(a) by the repeal of the definitions of "Comptroller and Auditor-General" and "Consolidated Revenue Fund" the substitution of-

""Auditor-General" means the person appointed in terms of section 309 of the Constitution;

113

No.3 GENERAL LAws ArvrE\nME?'-<1'

"Consolidated Revenue Fund" means the Consolidated Fund referred to in section 302 of the Constitution;";

(b) in the definition of "constitutional entity" by the repeal of-

(i) paragraph (c);

(ii) paragraph (e) and the substitution of-

"(g) the Defence Forces Service Commission; or";

(iii) paragraph (g) and the substitution of

"(g) the Prisons and Correctional Service; or";

(c) in the definition of "officer" by the deletion in paragraph (b) of "Comptroller and Auditor General" and the substitution of "Auditor General";

(d) in the definition of "reporting unit" by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

2. In section 4 ("Application of Act")(2) by the deletion of"Housc ofAssembly" and the substitution of "National Assembly".

3. In section 7 ("Duties and powers ofl'vlinister")(2) (c) and (c)(i) by the deletion of "House of Assembly" and the substitution of "National Assembly".

4. In section 11 ("Powers of Treasury in relation to public resources")(2) by the deletion of "House of Assembly" and the substitution of "National Assembly".

2016

5. In section 12 ("Loss or destruction of or damage to State property")(8)(b)by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor- General".

6. In section 14 ("Ministerial directives having financial implications")(2) and (4)(b) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

7. In section 15 ("Reports to be laid before House ofAssembly")-

(a) in the heading by the deletion of"House ofAssembly" and the substitution of "National Assembly";

(b) in subsections (1), (2) and (2)(b), by the deletion of"House ofAssembly" and the substitution of "National Assembly";

8. In section 18 ("Establishment of other public funds")(4) and (5) by the deletion of "House ofAssembly" and the substitution of "National Assembly".

9. In section 19 ("Anticipated or unauthorised excess expenditure")( I), (2) and (3) by the deletion of "House ofAssembly" and the substitution of "National Assembly".

10. In section 24 ("Special warrants for issues to meet unforeseen expenditure")-

(a) in subsection (2) by the deletion of"five per centum" and the substitution of "one and a half per centum";

(b) in subsection (3), by the deletion of "House of Assembly" and the substitution of "National Assembly".

11. In section 25 ("Advances by Treasury")(2) by the deletion of "greater" and the substitution of "lesser".

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2016 GENiiRAL LAWS Al'vfE'..'DMENT No.3

12. In section 26 ("Issue of money to carry on government at beginning of each financial year")(3) by the deletion of "House of Assembly" and the substitution of "National Assembly".

13. In section 27 ("Issue of money to cany on government after dissolution of Parliament")-

(a) by the repeal of subsection (1) and the substitution of-

"(1) Subject to subsection (2), if at any time Parliament has been dissolved before any provision or sufficient provision has been made in tem1s of Chapter XVII of the Constitution or this Act for the carrying on of the Government of Zimbabwe, the President may authorise the issue of money from the Consolidated Revenue Fund for the purpose of meeting expenditure nec-essary to carry on the services of the Government during the period beginning on the dissolution of Parliament and expiring thirty days after the day on which Parliament first meets after that dissolution.";

(b) in subsection (2) by the deletion of "House of Assembly" and the substitution of "National Assembly";

14. In section 28 ("Submission to Parliament of annual estimates of revenue and expenditure")-

(a) in subsection (1)-

(i) by the deletion of "House of Assembly" and the substitution of "National Assembly";

(ii) by the deletion of the words "not earlier than thirty days or";

(b) in subsection (2)-

(i) by the deletion of "House of Assembly" and the substitution of "National Assembly";

(ii) by the deletion of "as soon as is possible after the commencement of that year" and the substitution of "within thirty days after the National Assembly first meets following the dissolution";

15. In section 32 ("Preparation and reporting of annual financial statements by Ministries")(2) by the deletion of "Comptroller and Auditor-General" wherever it appears and the substitution of "Auditor-General".

16. In section 33 ("Preparation and reporting ofquarterly financial statements")(3) by the deletion of "House ofAssembly" and the substitution of "National Assembly".

17. In section 35 ("Consolidation of annual financial statements")--

(a) in subsections (3) and (6)(b) and (11) by the deletion of"Comptroller and Auditor-General" and the substitution of"Auditor-General".

(b) in subsections (8)(a) and (b), (10), (11) and (12), by the deletion of"House of Assembly" and the substitution of "National Assembly".

18. In section44 ("General responsibilities of accounting authorities") (1)(1) by the deletion of "House of Assembly" and the substitution of "National Assembly".

19. In section 48 ("Information to be submitted by accounting authoritics")(2) by the deletion of "Comptroller and Auditor-General" wherever it appears and the substitution of "Auditor-General".

20. In section 49 ("Annual reports and financial statements")-

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No.3 GENERAL LAWS AMENDMENT

(a) in subsection (1)(d) by the deletion of "Comptroller andAuditor-General" and the substitution of "Auditor-General".

(b) in subsection (3) by the deletion of "House of Assembly" and the substitution of "National Assembly".

21. In section 51 ("Reconstruction of designated corporate bodies in certain circumstances")(!) and (2) by the deletion of "Comptroller and Auditor-General" wherever it appears and the substitution of "Auditor-Generar'.

22. In section 52 ("Borrowing pmvers")(2) (proviso) by the deletion of "House ofAssembly" and the substitution of "National Assembly".

23. In section 53 ("Purposes for which the Minister may bonuw money")(f) by the deletion of "House of Assembly" and the substitution of "National Assembly".

24. In section 55 ("Ce1tain State loans exempt from tax'') (proviso) by the deletion of "House of Assembly" and the substitution of "National Assembly".

25. In section 61 ('Power to give guarantees")(3) by the deletion of "House of Assembly" and the substitution of "National Assembly".

26. In section 71 ("Disclosure of information concerning loans and guarantees") (1) by the deletion of"I-Iouse ofAssembly'' and the substitution of"NationalAssembly".

27. In section 72 ("Annual, monthly and quarterly reports on loans and guarantees") (4) by the deletion of"House ofAssembly" and the substitution of"National Assembly".

28. In section 78 ("Treasury instructions or directions")(4) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

2016

29. In section 80 ("Internal auditors")(4)(b) and (5) by the deletion of"Comptroller and Auditor-General" and the substitution of "Auditor-General".

30. In section81 ("External auditors")-

(a) in subsections (1), (2) and (3) by the deletion of "Comptroller and Auditor General" and the substitution of "Auditor General;

(b) in subsections (3)(f) by the deletion of "Commissioner of Prisons" and the substitutionof"Commissioner-GeneralofPrisons and Conectional Service".

31. In section 84 ("Audit committees")(2)(c)(4) and (6)(b) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General''.

32. In section88 ("Regulations on financial misconduct procedures")(l )(a) and (e) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor- General".

33. In section 89 ("Abandonment of claims and write-otT of public resources") (l) and (2) by the deletion of ''House ofAssembly" and the substitution of "National Assembly".

34. In section91 ("Offences and penalties")(4)(a) by the deletion of''Comptroller and Auditor-General" and the substitution of "Auditor-General".

PART XCVIII

CesTOMs Al'-1-n ExCisE Acr lCHA.P1FR 23:02]

In section 3 ("Commissioner of Customs and Excise")(4)(b) by the deletion of "Prison Service Commission" and "Commissioner of Prisons" and the substitution of "Prisons and Correctional Se1vice Commission" and "C01mnissioner-General of Prisons and Correctional Service" respectively.

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2016 GfffiJRAL LAWS AMENDMENT No.3

PART XCIX

REvENLJEAurHORITY Acr [CHAPTER 23:11] (No. 17 OF 1999)

1. In section 32 ("Audit of Authority's accounts")-

(a) in subsection (1) by the deletion of"Comptroller and Auditor General" and "sections 8 and 9 ofthe Audit and ExchequerAct [Chapter 22:03]" and the substitution of "Auditor General" and "the Public Finance Management Act [Chapter 22:19] (No. 11 of2009)" respectively;

(b) in subsection (2)(a) and (b) by the deletion of"Comptroller and Auditor- General and the substitution of "Auditor-General";

(c) in subsection (3) by the deletion of "Comptroller and Auditor-General" wherever it appears and the substitution of "Auditor-General".

2. In section 33 ("Internal Auditor") by the deletion of"Audit and Exchequer Act [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PARTC

VAWEADDED TAXAcr [CHAPTER 23:12] (No. 12 oF 2002)

In section 2 ("Interpretation")( 1) in the definition of "public authority" "by the deletion of "Zimbabwean Prison Service" and the substitution of "Prisons and Correctional Service Commission".

PARTCI

ExPoRT CREDIT RFJ:NSURANCEAcr [CHAPTER 24:06]

In section 4 ("Financial arrangements")(9) by the deletion of "Comptroller and Auditor-General" and "sections 8 and 9 of the Audit and Exchequer Act [Chapter 22:03]" and the substitutionof"Auditor-General" and "the Public Finance Management Act [Chapter 22:19] (No. 11 of2009)", respectively.

PARTCH

SMAIL ENTERPRISEs DEvELOPMENT CoRPORATION Acr [CHAPTER 24:12]

In section 21 ("Reports of Corporation")(l) by the deletion of "Audit and ExchequerAct [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PART CIII

PEoPLE's OwN SAVINGS BANKAcr [CHAPTER 24:22] (No. 18 oF 1999)

In section 34 ("Audit of Savings Bank's accounts)-

(a) in subsection (1) by the deletion of "ComptrollerandAuditor-General" and "sections 8 and 9 of the Audit and ExchequerAct [Chapter 22:03]" and the substitution of"Auditor-General" and "the Public Finance Management Act [Chapter 22:19] (No. 11 of2009)" respectively;

(b) in subsection (2)(a) and (b) by the deletion of "Comptroller and Auditor- General and the substitution of "Auditor-General";

(c) in subsection (3) by the deletion of "Comptroller and Auditor-General" wherever it appears and the substitution of "Auditor-General".

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PARTCIV

SEcURITIES .\ND ExciL-'u"l'GEAcr fCHAPT.ER 24:25] (No 17 OF 2004)

In section 27 ("Audit of Commission's accounts')-

(a) in subsection (1) by the deletion of "Audit and Exchequer Act lChapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)";

(b) in subsection (6) by the deletion of "Audit and Exchequer Act [Chapter 22 :03]" and "Comptroller and Auditor-General" and the substitution of "Public Finance Management Act [Chapter 22:19} (.l';o. 11 of 2009)" and "Auditor-General" respectively.

PARTCV

DEPOSIT PRoTECTION CoRPORATION Acr [CHAPTER 24:28] (No.7 oF 2011)

In section 19 ("Audit of Fund's accounts")(l) and (7) by the deletion of "Comptroller andAuditor-Geneml" wherever it appears and the substitution of"Auditor- Geneml".

PARTCVI

NATIONAL ARTS CoUNCIL oF ZIMBABWE Ac"T ICHAPTER 25:071

1. In section 28 ("Audit of Accounts")(l) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General".

2. In section 29 ("Powers of auditors") by the deletion of "Without derogation from subsection (6) of section 9 oftheAuditand Exchequer Act [Chapter 22:03]," and the substitution of "Without derogating from any pmvers he or she may have under the Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

2016

PARTCVII

SroRTs AND REcREATION CoMMisSION Acr [CHAPTER 25:15]

1. In section 22 ("Reports of the Board")(l) by the deletion of "Audit and Exchequer Act [Chapter 22:03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

2. In section 28 ("Accounts and audit")-

(a) in subsection (2) by the deletion of "Comptroller and Auditor-General" wherever it appears and the substitution of "Auditor-General";

(b) in subsection (6) by the deletion of "Audit and Exchequer Act [Chapter 22 :03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of 2009)".

PARTCVIII

ZIMBABWE ScHOOL EXAMINATIONS CouNciLAc·r [CHAPTER 25:18]

In scction20 ("Reports ofBoard")(l) by the deletion of"Audit and ExchequerAct [Chapter 22:03]" and the substitution of "Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

PARTCIX

Zrr..rnABWE YouTH CouNCIL AcT [CHAPTER 25:19]

1. In section 8 ("Provincial and district councils")(6) by the deletion of"Part VI of the Audit and Exchequer Act [Chapter 22:03]" and the substitution of"Public Finance Management Act [Chapter 22:19] (No. 11 of2009)".

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2016 GENERAL LAWS AMEN1)1\1ENT No.3

2. In section 13 ("Accounts and audit")(2) by the deletion of "Comptroller and Auditor-General" and the substitution of "Auditor-General";

PARTCX

ZIMBABWE CoUNCIL FOR HIGHER EDUCATION AcT [CH4PTER 25:27] (No. 1 OF 2006)

In section 26 (''Audit of Council accounts")-

(a) in subsection (1) by the deletion of"ComptrollerandAuditor-General'' and "sections 8 and 9 of the Audit and ExchequerAct fChapter 22 :03]" and the substitution of"Auditor-General" and "the Public Finance Management Act [Chapter 22:19] (No. 11 of2009)" respectively;

(b) in subsection (2) by the deletion of "Comptroller and Auditor-General" wherever it appears and the substitution of "Auditor-General"

PARTCXI

TRADE MARKs AcT [Chapter 26: 04]

By the insertion of the following section after section 97A-

"978 Madrid Protocol

(1) In this section-

"Madrid Protocol" refers to the Madrid Protocol relating to the Madrid Agreement of 1989.

(2) Words or expressions to which a meaning has been assigned in the Madrid Protocol shall bear the same meaning when used in this section.

(3) Subject to this section, the Madrid Protocol shall have the force of law within Zimbabwe.

(4) Any trade mark which has been registered by the Trade Marks Office in accordance with the Madrid Protocol and in respect of which Zimbabwe has been designated, shall-

(a) have the sameeffect, with such changes as may be necessary, as a trade mark registered under this Act; and

(b) be accorded the same protection, with such modifications as may be necessary, as a trade mark registered in accordance with section ninety-seven.

(5) Subsection (4) shall apply to trade marks registered by the Trade Marks Office before the date thisAct comes intoeffect inaccordance with the Madrid Protocol:

Provided that the proprietor ofany such mark shall not be entitled to damages or any other remedy for infringement ofcopyright in the mark which took place before that date.

(6) The Minister, by notice in a statutory instrument-

(a) shall set forth the provisions of the Madrid Protocol and any regulations made underthe MadridProtocol, and shall amend the statutory instrument whenever necessary to record any amendment of the Madrid Protocol or those regulations;

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No.3

(b) may directly or indirectly amend any provision of this Act (whether by addition, substitution or repeal) insofar as such amendment is strictly necessary for the pmvose of-

(i) implementing the provisions of the Madrid Protocol in Zimbab\ve;

(ii) bringing this Act into conformity with the Madrid Protocol;

(iii) managing the interface between trade marks registered under this Act otherwise than in accordance with the Madrid Protocol and those registered under thi~ Act in accordance withMadrid Protocol, including provisions to enable those holders oftrade marks registered under thisActbefore the domestication ofthe Madrid Protocol and who wish to benefit from the provisions of the Madrid Protocol to expeditiously re-register their trade marks in accordance with the Madrid Protocol;

(7) The Minister shall lay the draft statutory instrument referred to in subsection (6) before the National Assembly, and if the National Assembly makes no resolution against the publication of the statutory instrument within the next seven sitting days after it is so laid before it, the Minister shall cause it to be published in the Gazette.

(8) In the eventofinconsistency between thisAct and the statutory instrument referred to in subsection (6) then-

(a) the statutory instrument shall prevail over tlris Act to the extent of the inconsistency; and

(b) this Act shall be construed with such modifications, qualifications, adaptations and exceptions as may be necessary to bring it into conformity with the statutory instrument.".

PARTCXII

INTEGRATED CIRcurr L<\Yom DEsiGNS ACT [CHAPTER 26:07] (No. 18 oF 2001)

In section 25 ("Special provisions as to State use during emergcncy")(2)(b) by the deletion of "section 311 the Constitution" and the substitution of "section 113 subsection (1) of the Constitution".

PARTCXIII

INTElLECTUAL PRoPERTY TRIBUNAL ACT [C!L4PTFR 26:08] (No. 5 OF 2001)

2016

1. In section 10 ("Proceedings to be in public") by the deletion of "Subject to subsection (12) of section 18 of the Constitution and except" and the substitution of "Except".

2. In section 15 ("Record of proceedings of Tribunal")(2) by the deletion of "Subject to subsection (12) of section 18 of the Constitution and any other enactment" and the substitution of "Subject to any other enactment".

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PARTCXIV

LABOUR Acr [CHAPTER 28:01]

1. In section 2 ("Interpretation") in the definition of "member", by the deletion in section 2 of "President" and substitution of "Judge".

2. In section 84 ("Establishment and composition of l..abour Court") by the repeal of subsection (1) and the substitution of-

"84 Establishment and composition of Labour Court

(1) The L1bour Court established before the commencement of the Constitution shall, subject to this Act, continue in operation.

(2) The l..abour Court shall consist of-

(a) the Judge President ofthe Labour Comt and such number of Judges of the I..abour Court as the President may consider necessary after consultation with the Judicial Service Commission; and

(b) subject to section 90(1), such assessors as are provided for in this Act.

(3) A person referred to in subsection (l)(a) shall be appointed on such teffi1'3 and conditions, including terms and conditions relating to the payment of salary, allowances and pension benefits, as the President, on the recommendation of the Judicial Service Commission, may fix.

(4) Assessors shall be chosen in terms of section 90, whenever required, from the list prepared in terms of section86.".

3. By the repeal of sections 84A and 85 and the substitution of-

"84A Oath of office

Every Judge of the l..abour Court appointed after the commencement of the Constitution shall, before entering upon his or her office, swear before the ChiefJustice or the next most seniorjudge available, the judicial oath in the fonn set out in the Third Schedule.

85 Qualification for appointment as President of Labour Court

(n( � person shall not be qualified for appointment as a President of the Labour Court unless he or she is at least forty years old and-

(a) is or has beenajudgeofa court with unlimited jurisdiction in civil or criminal matters in a country in which the common law is Roman-Dutch or English and English is an officially recognised language; or

(b) for at least seven years, whether continuously or not, he or she has been qualified to practise as a legal practitioncr-

(i) in Zimbabwe; or

(ii) ina country in which the commonlawisRoman-Dutch and English is an officially recognised language; or

(iii) if he or she is a Zimbabwean citizen, in a country in which the common law is English and English is an officially recognised language;

and is currently so qualified to practise.

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No.3 GENERAL LAws AviENDMENT

(2) Additionally, to be appointed as a judge of the Labour Court a person must be a fit and proper person to hold office as a judge.".

4. In section86 ("Assessors") (1), (2) and (3) by the deletion of"Senior President" and the substitution of "Judge President".

5. In section 87 ("Registrar of Labour Court")-

(a) in subsection (1) by the deletion of"Public Service" and the substitution of "Judicial Service";

(b) in subsection (3) by the deletion of"Senior President" and the substitution of "Judge President".

6. In section 89 ("Functions, powers and jurisdiction of Labour Court")(4) by the deletion of "President of the Labour Court" and the substitution of "Judge of the Labour Court".

7. In section 90 ("Exercise of functions by Labour Court") by the deletion of "Presidents "and the substitution of "Judges" wherever it appears.

8. In section 91 ("Sittings of Labour Court") by the deletion of"Senior President" and the substitution of "Judge President".

9. In section 92 ("Representation of parties") by the insertion of a the following subsection after (b)-

"(c) a company director, company secretary, company legal advisor or person in charge of human resources or personnel management on behalf of an employer.".

2016

PARTCXV

REGIONAL, ToWN AND Coill'I!RY PLANN1NG Acr [CHAPTER 29:12]

1. In section 35 ("Powers to remove, demolish or alter existing buildings or discontinue or modify uses or operations or require abatement of injury") by the deletion of "President of the Administration Court" and the substitution of "Judge of the Administration Court" wherever it appears.

2. In section 38 ("Appeals") by the deletion of "President of the Administration Court" and the substitution of "Judge oftheAdministration Court" wherever it appears.

3. In section 41 ("Setting aside of land and payment of moneys") by the deletion of "President of the Administration Court" and the substitution of "Judge of the Administration Court" wherever it appears.

4. In section44 ("Appeals")(1) by the deletion of "President oftheAdministration Court" and the substitution of "Judge of the Labour Court".

5. In section 46 ("Expropriation of land") by the deletion of "President of the Administration Court" and the substitution of "Judge of the Administration Court" wherever it appears.

6. In section48 ("Acquisition ofbuilding subject to building preservation order'') by the deletion of"PresidentoftheAdministration Court" and the substitution of"Judge of the Administration Court" wherever it appears.

7. In section 59 ("Composition of Court") by the deletion of "President of the Administration Court" and the substitution of"Judge oftheAdministrationCourt where it appears".

8. In section 61 ("Appeal to Supreme Court on point of law") by the deletion of "President of the Administration Court" and the substitution of "Judge of the Administration Court" wherever it appears.

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2016 GENtRAL LAWS AMEND1v!ENi' No.3

PART CXVI

URBAN CouNCILS Ac1 LCHAPTER 29:15]

In section 241 ("Establishment and constitution of valuation board")(3) by the deletion of "President of the Administration Court" and the substitution of "Judge of the Administration Court".

PARTCXVII

TMDITIONALLEADERSACT [CHAPTER29:J7] (No. 25 OF 1998)

1. In section 37 ("Council of Chiefs") by the repeal of subsection (4) and the substitution of-

"(4) Subject to tllis section and to subsections (5), (6) and (7), the Chiefs Council as it is constituted on the date of the dissolution ofParliament continues in office and to function as such until a new Council is elected in tenns of the Electoral Act [Chapter 2:13]:

Provided that the Chief shall continue in office as a member of the Council until the Cllief is re-elected or another Chief is elected in his or her place.".

2. In section 45 ("Election of chief, headman or village head to political office") (1) by the deletion of "paragraph (a) subsection (1) of section 38 of the Constitution" and the substitution of "section 281(1) of the Constitution".

SECOND SCHEDULE (Item 16 of Part VI)

.MINOR AMENDMENTS TO ELECTORAL AcT [C!i4PTER 2:13]

Provision

Part IV (title)

Section 21(1)

Section 22A(1)(3)(a)

Sections 25(4), 26(1) and (2), 27 (title), (2)(b), (3)(b)(i) and (ii), (4), 28(2)(b), (4) and (5), 29(l)(d) and (e), 31, 33(4), 37(1)(b), 77(4), 78(l)(c)

Sections 22, 24(3), 25(3), 27(1), (3)(a), (6) and (7), 28(3)(a) and (6), 32(2) and (3), 33(1) and (2), 33(5), 36A(3), 36B, 190(1)

Sections 24(4)

Sections 23(1) (proviso), 24(2), 25(2) and (6), 36A(5)33(2) (a), 35(1)(a), 36B(b), 190(1)

Extent ofAmendment

By the deletion of the title thereto and the substitution of"Voter Registration Functions of Commission".

By the deletion of "constituency registrar" and the substitution of "registration office".

By the deletion of "or to cast a special vote".

By the deletion of "constituency registrar" and the substitution of "voter registration officer".

By the deletion of "constituency registrar" wherever it occurs and the substitution of "voter registration officer".

By the deletion of"Registrar-General ofVoters" (wherever it occurs) and "constituency registrar" and the substitution of "Commission" and "voter registration officer" respectively.

By the deletion of"Registrar-General ofVoters" and the substitution of"Commission".

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No.3

Provision

Sections 23(4) and 24(6)

Section 24(1)

Section 24(7)

Section 25(l)(proviso)

Sections 25(5)

Section 25(6)

Sections 32(1)

Section 35(2) and (3)

Sections 46(16)(a) and (b)

Sections 5l(l6)(a) and (b)

Section 52A(c)

Section 190(2)

Extent ofAmendment

By the deletion of "Chief Elections Officer, Registrar-General of Voters, an:y constituency registrar" and the substih1tion of "Commission, any voter registration officer".

By the deletion of "constituency registrar, deputy constituency registrar or assistant constihtency registrar" and the substirution of "voter registration officer''.

By the deletion of "Chief Elections Officer, Registrar-General ofVoters or constih!ency registrar" and the substitution of "Commission or voter registration officer".

By the deletion of"Registrar-General ofVoters for his or her'' and the substitution of "Commission for its".

By the deletion of "constituency registrar" (wherever it occurs) and "constituency registrars" and the substirution of "voter registration officer" and "voter registration officers" respectively.

By the deletion of "Registrar-General of Voters or a constihtency registrar" and the substitution of "Commission or a voter registration officer".

By the deletion of "constituency registrars" and the substitution of "voter registration officers".

By the deletion of "Registrar-General of Voters or constituency registrar" and the substitution of "Commission or voter registration officer".

By the deletion of"House ofAssembly" and the substirution of «National Assembly".

By the deletion of"House ofAssembly" and the substirution of "National Assembly".

By the deletion of""m1d special polling stations".

By the deletion of "Registrar-General of Voters or constituency registrar" wherever it occurs m1d the substimtion of"Commission or voter registration officer".

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General Laws Amendment Act, 2016 (Act No. 3 of 2016), Zimbabwe

Available Materials