TITLE 11

TITLE 11

Chapter11:10

POLICE ACT

Acts 2/1995, 9/1997 (s. 10), 22/2001.

ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
NAME, COMPOSITION AND COMMAND
3. Name of Police Force.
4. Composition of Police Force.
5. Appointment of Commissioner of Police.
6. Terms and conditions of service of Commissioner.
7. Removal from office of Commissioner.
8. Powers and functions of Commissioner.
9. Standing orders.
10. Delegation of Commissioner’s functions.
11. Policy directions.
12. Compliance with directions of Attorney-General.
13. Reports by Commissioner.
PART III
APPOINTMENT, PROMOTION, FUNCTIONS, DISCHARGE, RETIREMENT
AND CONDITIONS OF SERVICE OF MEMBERS OF POLICE FORCE
14. Appointment, promotion, discharge, etc., of officers.
15. Appointment, discharge, etc., of non-commissioned members.
16. Promotion of non-commissioned members.
17. Publication of appointments and promotions of officers.
18. Reappointments and acting ranks.
19. Powers and duties of members.
20. Discharge on medical grounds.
21. Discharge on redundancy.
22. Retirement.
23. Conditions of service of Regular Force members.
24. Powers and authority to cease on vacation of office.
25. Retirements and resignations in times of emergency, etc.
26. Appointment of ancillary members.
PART IV
POLICE CONSTABULARY
27. Establishment of Police Constabulary.
28. Co-operation of employers.
PART V
DISCIPLINE
29. Contravention by members of Act or order thereunder an offence.
29A. Trial of member for offence and jurisdiction of court or tribunal.
30. Composition of boards of officers.
31. Review of proceedings of board of officers.
32. Member may elect trial by magistrates court.
33. Appeal from board of officers to High Court.
 34. Trial before court consisting of one officer.
35. Procedure at trials under this Act.
36. Summoning and examination of witnesses.
37. Penalty for contempt of officer or board of officers.
38. Certain provisions of Cap. 9:07 not to apply in prosecutions.
39. Penalties recoverable by stoppages from pay.
40. Liability of person for offence committed while member.
41. Completion of sentence of imprisonment before vacation of office.
42. Places of imprisonment and issue of warrants.
43. Power to arrest members.
44. Period of illegal absence or imprisonment to count as service.
45. Legal representation of accused at trial.
46. Place of trial of member by magistrate.
47. Suspension of members.
48. Procedure on conviction of member for certain offences.
49. Discharge following conviction or inquiry.
50. Board of inquiry: procedure where member unsuitable or unfit to
remain in Regular Force or to retain his rank, seniority or salary.
51. Appeals.
PART VI
POLICE SERVICE COMMISSION
52. Term of office of members of Police Service Commission.
53. Resignation of members of Police Service Commission.
54. Conditions of service of members of Police Service Commission.
55. Functions of Police Service Commission.
56. Procedure of Police Service Commission.
57. Staff of Police Service Commission.
58. Reports of Police Service Commission.
59. Validity of acts and decisions of Police Service Commission.
PART VII
GENERAL
60. Commissioner may take over premises etc., in time of emergency.
61. Prohibition of certain dealings in connection with certain articles.
62. Receiving State property illegally disposed of.
63. Justice of the peace may issue warrant to search for State property.
64. Personation and evasion of duty.
65. Obtaining admission to Police Force by means of false certificate, etc.
66. Wearing of uniforms, badges, etc. of Police Force.
67. Non-liability for acts done under irregular warrant.
68. Salary or allowance not to be ceded or assigned.
69. Rewards for extraordinary diligence or exertion.
70. Limitation of actions.
71. ......
[repealed by Act 22 of 2001, with effect from the 20th May, 2002.]
72. Regulations.
73. Transitional provisions and savings.
SCHEDULE: Offences.
AN ACT to provide for the establishment, organization and control of the Police
Force; to provide for the functions of the Police Service and the conditions of service
of its members; and to provide for matters connected with or incidental to the
foregoing.
[Date of commencement: 1st October, 1995.]
WHEREAS sections 93, 94 and 95 of the Constitution provide as follows—
93. (1) There shall be a Police Force which, together with such other bodies as may
be established by law for the purpose, shall have the function of preserving the
internal security of and maintaining law and order in Zimbabwe.
(2) Subject to the provisions of an Act of Parliament, the Police Force shall be under
the command of the Commissioner of Police, who shall be appointed by the President
after consultation with such person or authority as may be prescribed by or under an
Act of Parliament.
(3) An Act of Parliament shall make provision for the organization and administration
of the Police Force, including the appointment of persons to offices or ranks in the
Police Force, their discipline and removal from office or reduction in rank, their
punishment for breaches of discipline and the fixing of their conditions of service.
94. (1) There shall be a Police Service Commission which shall consist of—
(a) a chairman who, subject to the provisions of section 74 (3), shall be
the chairman of the Public Service Commission; and
(b) not less than two and not more than seven other members appointed,
subject to the provisions of subsection (2), by the President.
(2) The persons to be appointed under subsection (1) (b) shall be chosen for their
ability and experience in administration or their professional qualifications or their
suitability otherwise for appointment as members, and at least one such member shall
be a person who has held senior rank in the Police Force for periods which in the
aggregate amount to at least five years.
95. The functions of the Police Service Commission shall be to tender such advice
and do such other things in relation to the Police Force as are provided for by this
Constitution or by or under an Act of Parliament.
AND WHEREAS it is desirable to make further provision for the Police Force and
the Police Service Commission:
NOW, THEREFORE, be it enacted by the President and the Parliament of Zimbabwe
as follows—
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Police Act [Chapter 11:10].
2 Interpretation
In this Act—
“ancillary member” means a member appointed in terms of subsection (1) of section
twenty-six;
“board of officers” means a board of officers convened in terms of subsection (1) of
section thirty;
“commissioned rank” means the rank of inspector or above;
“Commissioner” means the Commissioner of Police appointed in terms of section 93
of the Constitution;
“Constabulary member” means a member of the Police Constabulary;
“member” means any person by whatever rank or title designated who has been
appointed to and is serving in the Police Force;
“Minister” means the Minister of Home Affairs or any other Minister to whom the
President may, from time to time, assign the administration of this Act;
“minor punishment” means such punishment, less severe than a fine or imprisonment,
as may be prescribed;
“officer” means a member holding a commissioned rank;
“pensionable service” means the service of a Regular Force member recognized as
pensionable service in terms of the State Service (Pensions) Act [Chapter 16:06], but
does not include any service as a cadet or as an ancillary or Constabulary member;
“Police Force” means the Police Force established by section 93 of the Constitution;
“Police Constabulary” means the Police Constabulary established in terms of section
twenty-seven;
“Police Service Commission” means the Police Service Commission established
under section 94 of the Constitution;
“Regular Force” means the Police Force other than—
(a) the Police Constabulary; and
(b) ancillary members;
“Regular Force member” means a member of the Regular Force.
PART II
NAME, COMPOSITION AND COMMAND
3 Name of Police Force
The Police Force shall be known as the Zimbabwe Republic Police.
4 Composition of Police Force
The Police Force shall be composed of—
(a) a Regular Force; and
(b) a Police Constabulary; and
(c) ancillary members.
5 Appointment of Commissioner of Police
(1) The President shall appoint the Commissioner in terms of subsection (2) of
section 93 of the Constitution after consultation with a board consisting of—
(a) the chairman of the Police Service Commission, who shall be
chairman;
(b) the retiring Commissioner, if he is available;
(c) one other member or, in the absence of the member referred to in
paragraph (b), two other members, appointed by the President from among the
Secretaries of Ministries.
(2) Any recommendation of the board established in accordance with subsection (1)
shall require the concurrence of a majority of all the members thereof.
6 Terms and conditions of service of Commissioner
(1) Subject to this section, the Commissioner shall be appointed for a period of four
years.
(2) Whatever the length of his pensionable service and whatever his age, the
Commissioner shall retire on completing a period of four years in that appointment:
Provided that, if the President considers that it is desirable in the public interest and
the Commissioner is medically fit, the President may, with the consent of the
Commissioner, extend the period of his service for periods of not more than twelve
months at a time.
(3) The Commissioner may, with the consent of the President, whatever the length of
his pensionable service or age, retire before completing a period of four years in that
appointment.
(4) Subject to this Act, the terms and conditions of service of the Commissioner shall
be as fixed by the President from time to time.
7 Removal from office of Commissioner
The Commissioner may be removed from office by the President for any reason after
consultation with the Cabinet, and the President shall cause Parliament to be informed
as soon as is practicable of any such removal.
8 Powers and functions of Commissioner
(1) Subject to this Act and such general directions of policy as the Minister may give,
the Commissioner shall—
(a) have the command, superintendence and control of the Police Force;
(b) subject to such conditions as may be prescribed, appoint fit and proper
persons to be members; and
(c) subject to this Act, promote, suspend, reduce in rank or discharge any
member other than an officer.
9 Standing orders
Subject to this Act, and in consultation with the Minister, the Commissioner may
make Standing Orders with respect to the discipline, regulation and orderly conduct
of the affairs of the Police Force.
10 Delegation of Commissioner’s functions
Subject to this Act, the Commissioner may from time to time delegate to any officer
of or above the rank of superintendent any right, function, power or duty conferred
upon him by this Act or any other enactment, other than the power of further
delegating the right, function, power or duty so delegated.
11 Policy directions
(1) The President may give the Commissioner such general directions of policy as he
considers necessary in regard to any matter relating to the Police Force.
(2) The Minister may give the Commissioner such general written directions, not
inconsistent with directions given by the President under subsection (1), as he
considers necessary in the public interest in regard to—
(a) the appointment, promotion, training and disposition of members of
the Police Force; and
(b) the maintenance of the Police Force in a high state of efficiency.
(3) The Commissioner shall forthwith take all necessary steps to ensure due
compliance with any directions given to him under subsection (1) or (2).
12 Compliance with directions of Attorney-General
Where the Attorney-General has in terms of subsection (4a) of section 76 of the
Constitution required the Commissioner to investigate and report on any matter which
relates to any criminal offence or alleged or suspected criminal offence, the
Commissioner shall forthwith comply with such requirements.
13 Reports by Commissioner
(1) As soon as possible after the 31st December in each year, the Commissioner shall
submit to the Minister an annual report upon—
(a) the activities of the Police Force in the preceding year; and
(b) any policy directions given to him during the preceding year; and
(c) any cases which the Attorney-General has, in the previous year,
required him to investigate in terms of subsection (4a) of section 76 of the
Constitution and the results of his investigations into the cases.
(2) In addition to the annual reports referred to in subsection (1), the Commissioner
may at any time submit to the Minister a special report on any matter upon which the
Commissioner considers it desirable to report.
(3) The Minister shall lay before Parliament on one of the fourteen days on which
Parliament next sits after the report is received by him—
(a) every annual report submitted to him in terms of subsection (1);
(b) any special report submitted to him in terms of subsection (2) which
the Commissioner requests be laid before Parliament.
PART III
APPOINTMENT, PROMOTION, FUNCTIONS, DISCHARGE, RETIREMENT
AND CONDITIONS OF SERVICE OF MEMBERS OF POLICE FORCE
14 Appointment, promotion, discharge, etc., of officers
(1) Subject to this Act, the President may—
(a) appoint by commission any person to a commissioned rank;
(b) promote any officer to a higher rank or reprimand, suspend, reduce in
rank or discharge any officer.
(2) When appointing, promoting, reprimanding, suspending, reducing in rank or
discharging any person in terms of subsection (1), the President shall have due regard
to but shall not be bound by the advice of the Minister tendered after consultation
with the Commissioner.
15 Appointment, discharge, etc., of non-commissioned members
Subject to this Act, the Commissioner may—
(a) in consultation with the Police Service Commission, appoint any
person to any office or rank, other than a commissioned rank, in the Police Force;
(b) reprimand, suspend, reduce in rank or discharge any member other
than an officer.
16 Promotion of non-commissioned members
(1) Subject to subsection (2), the Commissioner may promote any member to any
rank other than a commissioned rank.
(2) For the purposes of subsection (1), the Commissioner shall establish advisory
boards consisting of members of the Police Force to consider the suitability of
members for promotion, and no member shall be promoted to a higher rank unless his
case has been considered by such a board.
17 Publication of appointments and promotions of officers
The appointment or promotion of any person to a commissioned rank shall be notified
in the Gazette.
18 Reappointments and acting ranks
(1) The Commissioner, in consultation with the Police Service Commission, may
reappoint to the Regular Force for a specified period or specified periods a person
who has retired in terms of this Act, and in that event the person concerned shall be
reappointed with such rank, not being higher than the rank held by him immediately
before he so retired, as may be specified by the Commissioner.
(2) The Commissioner, acting on the advice of the Commission, may appoint a
member holding any rank to act in a higher rank, and, subject to any conditions that
the Commission may fix, while the member acts in that rank, he shall have the same
powers, functions and authority as a member holding that substantive rank.
19 Powers and duties of members
(1) Every Regular Force member may exercise such powers and shall perform such
duties as are by law conferred or imposed on a Regular Force member and, subject to
any other law, he shall obey all lawful directions in respect of the execution of his
office which he may from time to time receive.
(2) Every Regular Force member shall be competent to serve or execute any
summons, warrant or other process directed to him and every such summons, warrant
or process directed to any Regular Force member may be served or executed by any
other Regular Force member and every such last-mentioned member shall have the
same rights, powers and authority for and in the service or execution of such
summons, warrant or process as if it had been originally directed to him.
(3) Subject to section 76 of the Constitution, a Regular Force member may be
required to appear on behalf of the State in the prosecution of any criminal matter
before any inferior court in Zimbabwe.
20 Discharge on medical grounds
(1) Subject to subsection (2), the Commissioner may at any time discharge a Regular
Force member, other than an officer, on the grounds of continued ill-health or some
infirmity of body or mind which prevents the Regular Force member from efficiently
performing his duties.
(2) The Commissioner shall not discharge a member in terms of subsection (1)
unless a board appointed in terms of subsection (3) certifies that, in the opinion of
that board, the member concerned is suffering from ill-health or infirmity referred to
in subsection (1).
(3) A board referred to in subsection (2) shall consist of two or more medical
practitioners appointed by the Secretary responsible for health at the request of the
Commissioner and the opinion of any two of such medical practitioners shall
constitute the opinion of the board.
21 Discharge on redundancy
(1) Subject to subsection (2), the Commissioner may at any time with the consent of
the Minister discharge a Regular Force member, other than an officer, because of the
abolition of his office or if a reorganization of the Regular Force necessitates his
discharge.
(2) The Commissioner shall not discharge in terms of subsection (1) a member who
has served in the Regular Force for more than two years unless the Commission
approves the discharge of that member.
22 Retirement
(1) Subject to section twenty-five, on giving to the Commissioner in writing, at least
three months’ notice of his intention to do so or such lesser period of notice as the
Commissioner may in his case permit, a Regular Force member may retire from the
Regular Force—
(a) on gratuity when his pensionable service amounts to ten years or
more; or
(b) if he does not exercise his right to retire in terms of paragraph (a), on
pension, when his pensionable service amounts to twenty years or more.
(2) The Commissioner may, on notice of twelve months, in writing, require a
Regular Force member whose pensionable service at the end of such notice will
amount to—
(a) in the case of a male Regular Force member of the rank of patrol
officer or above who was last appointed to the Regular Force on or after the 1st
October, 1958, but before the 1st October, 1993, twenty-five years or more;
(b) in the case of a Regular Force member who is appointed on or after
the 1st October, 1993, twenty years or more;
(c) in the case of a Regular Force member not referred to in paragraph 1
(a) or (b), twenty years or more;
to retire from the Regular Force:
Provided that a Regular Force member who has been given notice in terms of this
subsection may retire at any time before the expiration of that notice on giving to the
Commissioner, in writing, three months’ notice of his intention to do so or such lesser
period of notice as the Commissioner may in his case permit.
(3) A Regular Force member shall, whatever the length of his pensionable service,
retire from the Regular Force at midnight on the fiftieth anniversary of his birthday:
Provided that, if the Commissioner considers that it is desirable in the public interest
and that the member is medically fit to be retained in the Regular Force, he may
direct that such member be permitted to continue to serve in the Regular Force for
further periods of twelve months at a time until midnight of the fifty-fifth anniversary
of his birthday.
(4) A member who has continued to serve in the Regular Force in terms of the
proviso to subsection (3) shall retire from the Regular Force at midnight on the fifty-
fifth anniversary of his birthday:
Provided that, if the Commissioner considers that it is desirable in the public interest
and that the member is medically fit to be retained in the Regular Force, he may
direct that such member be permitted to continue to serve in the Regular Force for
further periods of twelve months at a time beyond the fifty-fifth anniversary of his
birthday.
(5) A member who has been retained in the Regular Force in terms of this section
may, with the permission of the Commissioner, retire from the Regular Force on
giving to the Commissioner, in writing, three months’ notice of his intention to do so
or such lesser period of notice as the Commissioner may in his case permit.
(6) This section shall not be construed as precluding a Regular Force member from
resigning from the Force in terms of any regulations made in terms of this Act.
23 Conditions of service of Regular Force members
Subject to this Act, the terms and conditions of service of Regular Force members
shall be as prescribed by or in terms of this Act or any other enactment.
24 Powers and authority to cease on vacation of office
When any member for any reason ceases to hold or exercise his office, the powers,
functions and authority vested in him as a member shall cease immediately.
25 Retirements and resignations in times of emergency, etc.
(1) A Regular Force member shall not retire from the Police Force on the expiry of
the period of his appointment or resign from the Police Force during a war,
disturbance of the public peace, riot or other emergency which the Commissioner has
reasonable grounds for believing is endangering or is likely to endanger the safety
and security of Zimbabwe unless the Commissioner approves of his retirement or
resignation, as the case may be.
(2) If the Commissioner has reasonable grounds for believing that a war, disturbance
of the public peace, riot or other emergency is about to occur and will, if it occurs, be
likely to endanger the safety and security of Zimbabwe he may order, either generally
or specially, that no Regular Force member shall retire from the Regular Force
because of the expiry of the period of his appointment or resign from the Regular
Force during such period as the Commissioner may specify unless the Commissioner
approves such retirement or resignation, as the case may be.
26 Appointment of ancillary members
(1) Subject to the approval of the Minister, the Commissioner may appoint fit and
proper persons to act as ancillary members whenever it is necessary to engage
temporary assistance for the Regular Force in the carrying out of police duties or of
any special duties assigned to the Regular Force.
(2) The appointment of any ancillary member shall be subject to such terms and
conditions as may be prescribed.
(3) An ancillary member shall, while he is on duty, have the same powers, functions
and authority, and be subject to the same responsibilities, discipline and penalties as a
Regular Force member and shall be liable in respect of acts done or omitted to be
done to the same extent as he would have been liable in the same circumstances if he
were a Regular Force member, and shall have the benefit of any indemnity to which a
Regular Force member would in the same circumstances be entitled.
(4) Section twenty-eight shall apply, mutatis mutandis, in relation to ancillary
members.
PART IV
POLICE CONSTABULARY
27 Establishment of Police Constabulary
(1) Subject to subsection (3), there is hereby established a Police Constabulary to
which the Commissioner may appoint, on such terms and conditions as may be
prescribed, so many fit and proper persons as he considers expedient.
(2) The Minister may, on the advice of the Commissioner, at any time when, in his
opinion, circumstances so require—
(a) disband the Constabulary established in terms of subsection (1);
(b) re-establish the Police Constabulary and, if he considers
circumstances so require, disband any Police Constabulary so established.
(3) Constabulary members may be employed to assist the Regular Force on any
occasion.
(4) A Constabulary member shall, while he is on duty, have the same powers,
functions and authority, and be subject to the same responsibilities, discipline and
penalties as a Regular Force member and shall be liable in respect of acts done or
omitted to be done to the same extent as he would have been liable in the same
circumstances if he were a Regular Force member, and shall have the benefit of any
indemnity to which a Regular Force member would in the same circumstances be
entitled.
(5) A Constabulary member shall be subject to the provisions of—
(a) paragraphs 1, 2, 4, 6, 12, 15, 25 to 30, 39, 40, 42, 45 and 46 of the
Schedule when not on duty; and
(b) paragraphs 5, 9, 10, 22, 23, 24, 32, 38, 41 and 42 of the Schedule in
relation to anything done or omitted to be done in the course of or arising out of his
duties; and
(c) paragraph 35 of the Schedule in relation to anything done or omitted
to be done in the vicinity of any station, post, camp or quarters or recreational facility
of the Police Force or when he is in uniform; and
(d) paragraph 17 of the Schedule in relation to his fitness for duty when
he is required to make himself available for duty; and
 (e) paragraph 44 of the Schedule in relation to the offences referred to in
paragraphs (a), (b), (c) and (d);
as though he were a Regular Force member.
(6) A Constabulary member shall be deemed to be on duty for the purposes of
subsection (4) from the time he reports for any duty until the time he is released from
duty.
(7) A Constabulary member shall report for duty when called upon to do so, and if he
fails to do so without leave or reasonable excuse—
(a) shall be guilty of an offence; and
(b) may be charged with such offence in terms of Part V and shall be
subject to the same penalties as a Regular Force member in respect of such offence.
28 Co-operation of employers
(1) Every employer of a Constabulary member shall give all proper facilities to the
Constabulary member to enter upon and perform his duties in terms of this Part.
(2) Any person who—
(a) contravenes subsection (1); or
(b) by dismissal, reduction of wages or salary or in any other manner
whatsoever, penalizes a person in his employ for volunteering for entering upon or
performing any duties in terms of this Part; or
(c) by words, conduct or otherwise, directly or indirectly, compels,
induces or prevails upon or attempts to compel, induce or prevail upon any person in
or seeking his employ to refrain from performing any duties in terms of this Part or
from becoming a Constabulary member;
shall be guilty of an offence and liable to a fine not exceeding level seven or to
imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002]
(3) Subject to any enactment or agreement to the contrary, an employer shall not be
required to pay any person in his employ any wages or salary for the time when he is
absent from work for the purpose of performing his duties in terms of this Part.
(4) If in any prosecution for an offence in terms of paragraph (b) of subsection (2) it
is proved that the accused dismissed or gave notice of dismissal to any person in his
employ or reduced his wages or salary or gave notice of the reduction of his wages or
salary or otherwise placed him in a position or indicated an intention to place him in a
position whereby his remuneration was or was likely to be substantially reduced—
(a) when he had, to the knowledge of the accused, volunteered for or
received notice that he was required to perform any duties in terms of this Part; or
(b) while he was performing any duties in terms of this Part; or
(c) within twelve months of his completing any duties in terms of this
Part;
it shall be presumed, unless the contrary is proved, that the accused was penalizing
him for volunteering for entering upon or performing those duties.
PART V
DISCIPLINE
29 Contravention by members of Act or order thereunder an offence
A member who contravenes any provision of this Act or an order made thereunder, or
who commits an offence specified in the Schedule, shall be guilty of an offence and,
if no other penalty is specifically provided for it, shall be liable to a fine not
exceeding level ten or to imprisonment for a period not exceeding five years or to
both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002]
29A Trial of member for offence and jurisdiction of court or tribunal
Subject to this Part, a member who commits an offence in terms of section twenty-
nine may be tried by-
(a) the High Court; or
 (b) a magistrates court; or
(c) a board of officers, or
(d) an officer in terms of section thirty-four;
and the punishment that may be imposed upon him shall be as follows-
(i) in the case of a trial before the High Court or a magistrates court, any
punishment to which the member is liable in terms of section twenty-nine:
Provided that a magistrate shall not impose a punishment that exceeds
his jurisdiction in terms of section 50 or 51, as the case may be, of the Magistrates
Court Act [Chapter 7:10];
(ii) in the case of a trial before a board of officers, a fine not exceeding
level five or imprisonment for a period not exceeding six months or both such fine
and such imprisonment;
(iii) in the case of a trial before an officer-
A. a fine not exceeding level two or imprisonment for a period not
exceeding fourteen days or both such fine and such imprisonment;
B. a minor punishment, whether imposed in addition, or as an alternative,
to the punishment referred to in subparagraph A.
[inserted by Act 22 of 2001, with effect from the 10th September, 2002]
30 Composition of boards of officers
(1) Boards consisting of not less than three officers of the rank of superintendent or
higher rank may be convened by the Commissioner for the trial of members:
Provided that no officer who is a material witness or has a personal interest in the
case shall be appointed to such a board.
(2) The senior officer appointed to a board of officers shall preside at such board and
record or cause to be recorded in writing or by mechanical means all evidence which
may be given before the board.
(3) The Commissioner may appoint a registered legal practitioner to assist a board of
officers at any trial referred to in subsection (1).
(4) The functions of a person appointed in terms of subsection (3) to assist a board of
officers shall be prescribed in regulations which may, without derogation from the
generality of the foregoing, make provision—
(a) specifying the effect of advice and rulings given to a board of officers
on questions of law by a person so appointed; and
(b) requiring or authorizing the officer presiding to direct, in such cases as
are prescribed, that questions of law shall be determined by a person so appointed in
the absence of the board of officers.
(5) A member who is found guilty of a contravention of this Act by a board of
officers shall not be regarded as having been convicted of an offence for the purposes
of any other law.
31 Review of proceedings of board of officers
(1) Where a board of officers imposes on a member a sentence of a fine in excess of
level three or a period of imprisonment in excess of one month, the record of the
proceedings shall forthwith be forwarded to the registrar of the High Court together
with—
[amended by Act 22 of 2001, with effect from the 10th September, 2002]
(a) any statement that the president of the board may wish to make; and
(b) any statement relating to the sentence that the member may wish to
make.
(2) On receipt of the record and statements referred to in subsection (1), the registrar
of the High Court shall forthwith place such record and statements before a judge of
the High Court in chambers for review.
(3) A judge before whom a record and statements are placed in terms of subsection
(2) may—
(a) if the proceedings appear to him to be in accordance with substantial
justice, confirm the proceedings and endorse the record to that effect; or
 (b) exercise the powers conferred upon a judge of the High Court by
subsection (5) of section 29 of the High Court Act [Chapter 7:06] as if the
proceedings were the proceedings of a magistrates court.
32 Member may elect trial by Magistrates court
If notice is given, in the manner and time prescribed, by a member whom it is
proposed to try before a board of officers in terms of paragraph (c) of subsection (1)
of section twenty-nine that he wishes that the charge against him be tried by a
magistrates court and not by a board of officers, the charge shall be tried by a
magistrates court.
33 Appeal from board of officers to High Court
(1) Any person convicted of an offence by a board of officers may appeal to the High
Court against such conviction or any sentence or order of such board.
(2) The provisions of the Magistrates Court Act [Chapter 7:10] and the High Court
Act [Chapter 7:06] which relate to appeals from a magistrates court, the prosecution
of such appeals, the powers of the High Court thereon, the execution and suspension
of sentence and the institution of further proceedings after a conviction has been set
aside shall apply, mutatis mutandis, to appeals from a board of officers:
Provided that any reference in those provisions to the clerk of the court shall be
construed as a reference to a chief staff officer of the Police Force.
34 Trial before court consisting of one officer
(1) A member, other than an officer, who is charged with a contravention of this Act
or any order made thereunder or any offence specified in the Schedule may be tried
by an officer of or above the rank of superintendent and sentenced to any punishment
referred to in paragraph (d) of subsection (2) of section twenty-nine.
(2) No officer shall try a member if such officer is a material witness or has a
personal interest in the case.
(3) Every officer who convicts and sentences a member under this section shall
forthwith transmit the proceedings for review by the Commissioner, who may—
(a) confirm the conviction and sentence;
(b) alter or quash the conviction or reduce the sentence or substitute a
different but not more severe sentence;
(c) quash the conviction and sentence and remit the matter for trial afresh
before a different officer;
(d) remit the matter to the officer with instructions relative to the further
proceedings to be held in the case as the Commissioner thinks fit:
Provided that no conviction or sentence shall be quashed or set aside
by reason of any irregularity or defect in the record or proceedings unless the
Commissioner considers that a miscarriage of justice has actually occurred.
(4) If the Commissioner considers that any punishment imposed by an officer in
terms of subsection (1) is inadequate, he may refer the case to the Attorney-General
with a request that the case be transmitted to the registrar of the High Court in terms
of subsection (5).
(5) The Attorney-General shall, if he considers that there is a reasonable possibility
that a judge will act in terms of subsection (6), transmit the case to the registrar of the
High Court to be lay before a judge.
(6) Where a case has been laid before him in terms of subsection (5), the judge, if he
considers that a different punishment should have been imposed, may set aside the
punishment imposed in terms of subsection (1) and impose such punishment referred
to in that subsection in substitution therefor as he considers ought to have been
imposed.
(7) A member convicted and sentenced under this section may appeal to the
Commissioner within such time and in such manner as may be prescribed against the
conviction and sentence and, where an appeal is noted, the sentence shall not be
executed until the decision of the Commissioner has been given.
(8) Unless an appeal has been noted, every sentence imposed by an officer shall
forthwith be executed.
(9) A member who is found guilty of a contravention of this Act by an officer shall
not be regarded as having been convicted of an offence for the purpose of any other
law.
35 Procedure at trials under this Act
(1) The proceedings before or at any trial by a board of officers or an officer in terms
of this Act, shall as near as may be, be the same as those prescribed for criminal cases
in the courts of Zimbabwe.
(2) The officer or board of officers, as the case may be, presiding at a trial in terms of
this Act may exclude from the proceedings persons other than the parties thereto and
their legal representatives to such extent as such officer or board of officers, as the
case may be—
(a) may consider necessary or expedient in circumstances where publicity
would prejudice the interest of justice; or
(b) may do so in the interests of public safety, public order, public
morality or the protection of the private lives of persons concerned in the
proceedings.
(3) In any proceedings under this Act, it shall not be necessary to produce
documentary evidence in proof that the person charged is or is not a member and after
oral evidence has been given that such person is or is not a member, the burden of
proving the contrary shall lie upon the accused.
36 Summoning and examination of witnesses
(1) If at any trial before an officer or a board of officers it is considered that any
person may be able to give evidence or to produce any book, document or thing
which is relevant to the matter under investigation, the officer or board of officers
may issue a subpoena to be served upon that person requiring him to appear before
him or the board at a time and place mentioned therein to give evidence or to produce
any book, document or thing in his possession or custody or under his control.
(2) A person subpoenaed in terms of subsection (1) to give evidence at a trial before
an officer or board of officers shall give evidence at that trial on oath administered by
the officer or the president of the board, as the case may be.
(3) If any person being duly subpoenaed under this section fails, without sufficient
cause, to attend at the time and place specified in the subpoena or to remain in
attendance until excused from attendance by the presiding officer, or if any person
when lawfully required to do so under this section, without sufficient cause, refuses to
produce any book, document or thing in his possession or custody or under his
control, he shall be guilty of an offence and liable to a fine not exceeding level five or
to imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002]
(4) Any witness who, after having been sworn, makes a false statement at any trial
before an officer or board of officers, knowing or believing it to be false, shall be
guilty of an offence and shall be liable to a fine not exceeding level seven or to
imprisonment for a period not exceeding two years or to both such fine and such
imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002]
37 Penalty for contempt of officer or board of officers
If any person wilfully insults an officer or a board of officers during a trial in terms of
this Act, or wilfully interrupts the proceedings of any such trial, or, on being
subpoenaed or examined as a witness before an officer or a board of officers, refuses
to be sworn or to answer any lawful question, he shall be guilty of an offence and
liable to a fine not exceeding level five or to imprisonment for a period not exceeding
six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002]
38 Certain provisions of Cap. 9:07 not to apply in prosecutions
Sections 356 to 359 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall
not apply in any prosecution under this Act against a member.
39 Penalties recoverable by stoppages from pay
Any penalty imposed under this Act upon a member, may be recovered by stoppages
from the pay of such member.
40 Liability of person for offence committed while member
If any person, while a member, has committed an offence under this Act and has
subsequently ceased to be a member, this Act shall apply to him in respect of such
offence as though he were a member.
41 Completion of sentence of imprisonment before vacation of office
If a person ceases to be a member while undergoing any sentence of imprisonment
imposed under this Act, the sentence shall remain valid and binding, and the person
shall undergo and complete the sentence unless otherwise discharged therefrom.
42 Places of imprisonment and issue of warrants
(1) Any member charged with or convicted of an offence under this Act may be
imprisoned, before or after conviction, in any place set apart by the Commissioner as
a guard room, police cell or lock-up or may be removed to the nearest prison, and any
guard room, police cell or lock-up in which such person is imprisoned shall be
deemed to be a prison for the purposes of any enactment relating to the commission
of offences by persons committed to any prison.
(2) If a member is removed to a prison in terms of subsection (1), a remand warrant
or warrant of conviction or of committal, as the case may be, shall be issued under the
hand of an officer and shall be in the form, as near as is material, of those in use in a
magistrates court and any such warrant shall be good and valid in law and the officer-
in-charge of the prison to whom any such warrant is addressed shall act in accordance
with the terms of the warrant.
43 Power to arrest members
Any member found committing an offence in terms of this Act or is alleged to have
committed or is suspected of having committed any such offence may be arrested and
taken into custody.
44 Period of illegal absence or imprisonment to count as service
The period during which a member is—
(a) absent without leave; or
(b) imprisoned or detained pending trial at which he is thereafter
convicted; or
(c) imprisoned after his conviction for any offence; or
(d) imprisoned under a decree of civil imprisonment;
shall be reckoned as part of such member’s period of service unless the
Commissioner otherwise directs:
Provided that, unless the Commissioner otherwise directs, such member shall not be
entitled to his salary or allowances during any period specified in paragraph (a), (b),
(c) or (d).
45 Legal representation of accused at trial
At all trials held under this Act, the accused shall be entitled to be represented and
assisted by a registered legal practitioner:
Provided that where the trial is held before an officer or a board of officers, the
accused shall be entitled to be represented and assisted by a member.
46 Place of trial of member by magistrate
The trial of any member before a magistrates court in terms of this Act shall be held
in a police camp or police station.
47 Suspension of members
(1) The Commissioner may suspend a member—
(a) pending his trial or after his conviction for any offence, whether under
this Act or otherwise; or
(b) pending the holding of a board of an inquiry in terms of section fifty;
or
(c) where the Commissioner is considering acting in terms of subsection
(4) of section fifty.
(2) A member shall be deemed to have been suspended while he is under arrest or is
serving a sentence of imprisonment.
(3) While a member is on suspension in terms of subsection (1) or (2)—
(a) he shall not cease by reason of such suspension to be a member; and
(b) the powers, functions and authority vested in him as a member shall
be in abeyance; and
(c) he shall continue to be subject to the same responsibilities, discipline
and penalties as if he had not been suspended.
(4) The suspension of a member in terms of subsection (1) may be terminated at any
time by the Commissioner.
48 Procedure on conviction of member for certain offences
If a member, other than an officer, is convicted of any offence and sentenced therefor
to imprisonment without the option of a fine, whether or not the execution of such
sentence is suspended, the Commissioner may—
(a) discharge the member, in which case the discharge may take effect
from the date of his conviction; or
(b) impose any one or more of the following penalties—
(i) reduction in rank;
(ii) loss of seniority;
(iii) withholding of an increment of salary;
or
(c) reprimand the member.
49 Discharge following conviction or inquiry
An officer who is—
(a) convicted of any offence and sentenced therefor to imprisonment
without the option of a fine whether or not the execution of such sentence is
suspended; or
(b) found to be unfit to remain in the Police Force as the result of an
inquiry conducted in terms of section fifty or in terms of the Commissions of Inquiry
Act [Chapter 10:07];
may be discharged from the Police Force by the President, acting on the advice of the
Minister tendered after consultation with the Commissioner.
50 Board of inquiry: procedure where member unsuitable or unfit to remain in
Regular Force or to retain his rank, seniority or salary
(1) A board of inquiry consisting of not less than three officers of such rank not
being below that of superintendent, as may be considered necessary by the
Commissioner, may be convened by the Commissioner to inquire into the suitability
or fitness of a Regular Force member to remain in the Regular Force or to retain his
rank, seniority or salary:
Provided that no officer who is a material witness or has a personal interest in the
matter shall be appointed to such a board.
(2) The senior officer appointed to a board in terms of subsection (1) shall preside
over the board, and record or cause to be recorded in writing or by mechanical means
all evidence which may be given before the board.
(3) If a Regular Force member, other than an officer, is found after inquiry by a
board to be—
(a) unsuitable or inefficient in the discharge of his duties; or
(b) otherwise unfit to remain in the Regular Force or to retain his rank,
seniority or salary;
the Commissioner may—
(i) discharge the Regular Force member; or
(ii) impose any one or more of the following penalties—
 A. reduction in rank or salary;
B. loss of seniority;
C. withholding of an increment of salary;
(iii) reprimand the Regular Force member.
(4) If the Commissioner is of the opinion that a Regular Force member who has not
completed a probationary period or who has not been re-engaged for continuous
service is unfit to retain his rank or remain in the Police Force, he may—
(a) discharge the member; or
(b) order any one or more of the following—
(i) reduction in rank or salary;
(ii) loss of seniority;
(iii) withholding of an increment of salary;
(iv) a reprimand.
51 Appeals
A member who is aggrieved by any order made in terms of section forty-eight or fifty
may appeal to the Police Service Commission against the order within the time and in
the manner prescribed, and the order shall not be executed until the decision of the
Commission has been given.
PART VI
POLICE SERVICE COMMISSION
52 Term of office of members of Police Service Commission
(1) Subject to this Part, a member of the Police Service Commission shall hold office
for such period, not exceeding five years, as the President may fix on his
appointment, and on the expiry of that period shall be eligible for re-appointment.
(2) If a person is appointed to the Police Service Commission to act in the place of a
member of the Commission who is unable to exercise his functions by reason of
illness, absence from Zimbabwe or other cause, the period of the acting appointment
shall not exceed one year.
53 Resignation of members of Police Service Commission
(1) A member of the Police Service Commissioner may resign his office at any time
by giving the President, through the Minister, such notice of his intention to resign as
may be fixed in his conditions of service in terms of section fifty-four or, if no such
period has been fixed, after the expiry of thirty days from the date he gives such
notice or after the expiry of such other period of notice as he and the President may
agree.
(2) A member of the Police Service Commission shall be deemed to have resigned
his office as a member and his office shall become vacant if—
(a) he accepts nomination for election to, or becomes, a member of,
Parliament; or
(b) he accepts nomination for election as, or becomes, a member of a
local authority or accepts employment as an employee of a local authority; or
(c) he accepts office as a member of a statutory body or employment as
an employee of a statutory body; or
(d) being a member of or employed by a local authority or statutory body
at the time he becomes a member of the Police Service Commission, he fails to
terminate his appointment or employment as such within fourteen days of the date on
which he became a member of the Commission.
54 Conditions of service of members of Police Service Commission
(1) Subject to this Part, the conditions of service of members of the Police Service
Commission including their remuneration, allowances and pension benefits shall be
fixed by the President either at the time of their appointment or, subject to subsection
(5) of section 109 and Schedule 6 to the Constitution, at any time thereafter.
(2) When fixing conditions of service of a member of the Police Service Commission
in terms of subsection (1), the President may direct that any enactment relating to the
conditions of service of members of the Police Force, the Defence Forces or the
Public Service shall apply to the conditions of service of the member, subject to such
modifications, exceptions or conditions as the President may specify, and thereupon
the enactment concerned shall so apply to the conditions of service of the member
concerned.
55 Functions of Police Service Commission
(1) The functions of the Police Service Commission shall be—
(a) after consultation with the Commissioner, to make recommendations
to the Minister regarding salaries and the general conditions of service of members of
the Police Force;
(b) to inquire into and deal with complaints, other than complaints
relating to disciplinary action. by any member;
(c) to exercise any other functions that may be imposed or conferred upon
the Police Service Commission in terms of this Act or any other enactment.
(2) In the exercise of its functions in terms of this Act, the Police Service
Commission, after consultation with the Commissioner, may—
(a) carry out any inquiry or investigation into the practices of the Police
Force;
(b) require the production of any documents, books or other records;
(c) summon and examine any witness whose evidence it considers will
assist the conduct of its inquiries or investigations;
(d) obtain information and advice from any member of the Police Force:
Provided that, without the consent of the Commissioner, no document, book or record
may be examined or information or advice obtained in terms of this subsection if it
relates solely to the nature of the investigations or prosecution of a particular criminal
offence.
(3) For the purposes of any inquiry or investigation carried out by it in terms of this
Act, the Police Service Commission shall have the same powers as are conferred
upon commissioners in terms of the Commissions of Inquiry Act [Chapter 10:07],
other than the power to order a person to be detained in custody, and sections 9 to 13
and 15 to 19 of that Act shall apply, mutatis mutandis, in relation to such an inquiry
or investigation and to any person summoned to give or giving evidence at that
inquiry or investigation:
Provided that no person shall be required by the Police Service Commission to
disclose information or to produce an official document, book or other record if—
(a) its disclosure or production is prohibited or restricted in terms of any
enactment prohibiting or restricting the disclosure of information; or
(b) the Minister certifies in writing that its disclosure or production would
be contrary to the interests of the Police Force.
56 Procedure of Police Service Commission
The Police Service Commission shall meet at least once every month for the
discharge of its business and adjourn, close and otherwise regulate its meetings and
proceedings as it thinks fit.
57 Staff of Police Service Commission
The Minister, in consultation with the Public Service Commission or the
Commissioner, as may be appropriate, may second to the Commission such members
of the Public Service or Police Force as may be necessary for the exercise of the
functions of the Commission.
58 Reports of Police Service Commission
(1) The Police Service Commission—
(a) shall as soon as possible after the 31st December in each year, submit
to the Minister an annual report upon matters dealt with by the Commission during
the previous year, save such matters as the Commission may consider inexpedient to
publish;
(b) may at any time submit to the Minister a special report on any matter
upon which the Commission considers it desirable to report.
(2) The Minister shall lay before Parliament on one of the fourteen days on which
Parliament next sits after the report is received by him—
(a) every annual report submitted to him in terms of paragraph (a) of
subsection (1);
(b) any special report submitted to him in terms of paragraph (b) of
subsection (1) which the Police Service Commission requests be laid before
Parliament.
59 Validity of acts and decisions of Police Service Commission
No decision or act of the Police Service Commission or act done under the authority
of the Police Service Commission shall be invalid solely because—
(a) a person who was not entitled to do so acted as a member of the
Commission when the decision was taken or the act was done or authorized; or
(b) there were one or more vacancies on the Commission when the
decision was taken or the act was done or authorized;
if—
(i) at least three members of the Commission who were entitled to take
the decision or do or authorize the act were present at the time; and
(ii) the decision was taken or the act was done or authorized, as the case
may be, by a majority of the members of the Commission referred to in paragraph (i)
who were present.
PART VII
GENERAL
60 Commissioner may take over premises etc., in time of emergency
(1) During any period of public emergency as defined in section 113 of the
Constitution or in the event of any other emergency or disaster that threatens the life
or well-being of the community or where there is a situation that may lead to such
emergency or disaster, the Commissioner shall have power, subject to this section and
any directions given to him by the Minister, to requisition or take control of any
means of communication, conveyance and transport and any goods, provisions,
supplies and premises:
Provided that the powers conferred by this section shall not include the power to
requisition or take control of, whether compulsorily or by agreement, any Communal
Land or any interests in or rights over Communal Land, otherwise than in accordance
with the Communal Land Act [Chapter 20:04].
(2) Notice in writing of any exercise of the power to requisition or take control of
any property in terms of subsection (1) shall be served on any person who owns or
possesses such property, and any such person may, if he objects to the requisitioning
or taking control of the property, notify the Commissioner accordingly.
(3) Where the Commissioner is notified in terms of subsection (2), he shall, within
thirty days thereafter, apply to the Administrative Court for a determination of his
entitlement to exercise his power in terms of subsection (1) and on such application,
the Administrative Court shall, unless it is satisfied that the exercise of the power is
reasonably justifiable in the circumstances of any situation arising or existing during
the period of public emergency or as a result of the other emergency or disaster
concerned that may lead to such emergency or disaster, for the purposes of dealing
with that situation order the Commissioner to return the property wherever possible.
(4) When the possession of property taken under subsection (1) is no longer
reasonably justifiable as referred to in subsection (3), it shall, wherever possible, be
promptly returned in the condition in which it was at the time it was taken.
(5) Fair compensation shall be paid within a reasonable time for the taking of
possession of property under subsection (1) and, where appropriate, for any failure to
return the property in terms of subsection (3) or (4) or for any damage to the property.
(6) The owner or any other person entitled to the return of property in terms of
subsection (4) or to compensation in terms of subsection (5) may apply to the
Administrative Court for the prompt return of the property or for the determination of
his right to or the amount of any such compensation and the Court shall make such
order in respect thereof as it thinks fit.
(7) Parts V and VIII of the Land Acquisition Act [Chapter 20:10] shall apply, mutatis
mutandis, in respect of a claim for compensation in terms of subsection (6):
Provided that—
(i) any claim for compensation in terms of section 22 of that Act shall be
submitted not less than thirty days before the hearing of the application in terms of
subsection (6) for the determination of the amount of compensation;
(ii) the Administrative Court, and the Supreme Court in any appeal from a
decision of the Administration Court, may make such order as to costs as it thinks fit.
61 Prohibition of certain dealings in connection with certain articles
(1) No member shall, without the authority of the officer of or above the rank of
superintendent under whose command he is serving, lend, sell, pledge or otherwise
dispose of—
(a) any property of the State issued for use of the Police Force; or
(b) any property of the Police Force; or
(c) any article which in terms of this Act he is required to keep and
possess.
(2) A member who contravenes subsection (1) shall be guilty of an offence and liable
to a fine not exceeding level six or to imprisonment not exceeding one year or to both
such fine and such imprisonment.
[inserted by Act 22 of 2001, with effect from the 10th September, 2002]
62 Receiving State property illegally disposed of
Any person who receives or has in his possession any property of the State of
whatever description issued for the use of the Police Force, or any property of the
Police Force, knowing the same to have been sold, pledged, lent or otherwise
disposed of in contravention of this Act, shall be guilty of an offence and liable 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.
[amended by Act 22 of 2001, with effect from the 10th September, 2002]
63 Justice of the peace may issue warrant to search for State property
Any justice of the peace may issue a warrant to search for and seize any property of
the State of whatever description issued for the use of the Police Force, or any
property of the Police Force which is unlawfully detained or in possession of any
person is contravention of this Act.
64 Personation and evasion of duty
(1) Any person, not being a member, who—
(a) by words, conduct or demeanour pretends that he is a member; or
(b) agrees with or induces or attempts to induce any member to omit to
carry out his duty or to do anything in conflict with his duty; or
(c) is a party to or aids or abets or incites the commission of any act with
the intention that any lawful order given to a member or any provision of this Act will
be evaded;
shall be guilty of an offence and liable 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.
[amended by Act 22 of 2001, with effect from the 10th September, 2002]
(2) On the trial of any person charged under this section, it shall be presumed, until
the contrary is proved, that such person is not a member.
65 Obtaining admission to Police Force by means of false certificate, etc.
Any person who, by means of a false certificate or other document or by any false
representation or statement whatsoever, obtains or attempts to obtain admission to the
Police Force, shall be guilty of an offence and liable to a fine not exceeding level five
or to imprisonment for a period not exceeding six months or to both such fine and
such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002]
66 Wearing of uniforms, badges, etc. of Police Force
Any person who wears any uniforms or distinctive badge or button of the Police
Force or anything which might reasonably be mistaken for any such uniform, badge
or button as to be likely to deceive, shall, unless—
(a) he is a member of the Police Force entitled by reason of his
appointment, rank or designation to wear such uniform, badge or button; or
(b) he has been granted permission by the Commissioner to wear such
uniform, badge or button;
be guilty of an offence and liable to a fine not exceeding level five or to imprisonment
for a period not exceeding six months or to both such fine and such imprisonment.
[amended by Act 22 of 2001, with effect from the 10th September, 2002]
67 Non-liability for acts done under irregular warrant
If any legal proceedings other than legal proceedings for unlawful arrest or detention,
be brought against any member for any act done in obedience to a warrant purporting
to be issued by a judge, magistrate or justice of the peace or other officer authorized
by law to issue warrants, such member shall not be liable for any irregularity in the
issuing of the warrant or for want of jurisdiction in the person issuing the same, and
upon producing the warrant containing the signature of the person reputed to be a
judge, magistrate or justice of the peace or other such authorized officer, and upon
proof that the acts complained of were done in obedience to the warrant, judgment
shall be given in favour of such member.
68 Salary or allowance not to be ceded or assigned
No person shall, without the approval of the Commissioner, cede or assign the whole
or any part of any salary or allowance payable to him under this Act.
69 Rewards for extraordinary diligence or exertion
(1) The Commissioner may, with the approval of the Minister and the Minister
responsible for finance, award to any person who is or was a member, for
extraordinary diligence or exertion in the performance of his duties as a member, such
monetary or other reward as he considers appropriate in the circumstances.
(2) The President may institute, constitute and create medals and decorations, and
bars, clasps and ribbons in respect of such medals and decorations, which may be
awarded by him or by the Minister, subject to such conditions as may be prescribed,
to any person who is or was a member, in respect of his service as a member.
70 Limitation of actions
Any civil proceedings instituted against the State or member in respect of anything
done or omitted to be done under this Act shall be commenced within eight months
after the cause of action has arisen, and notice in writing of any such civil
proceedings and the grounds thereof shall he given in terms of the State Liabilities
Act [Chapter 8:14].
71 .....
[repealed by Act 22 of 2001, with effect from the 20th May, 2002]
72 Regulations
(1) Subject to this Act and section 109 of the Constitution, the Minister, in
consultation with the Commission and with the approval of the Commissioner, may
make regulations providing for all matters which in terms of this Act are required or
permitted to be prescribed or which, in his opinion, are necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
(2) Regulations in terms of subsection (1) may provide for—
(a) the organization, management, efficiency and disposition of the Police
Force, including the establishment of police provinces and stations and the
establishment and organization of the various divisions, branches, grades, ranks and
appointments in the Police Force or in such provinces or at such stations;
(b) the appointment, resignation, training, promotion, suspension,
reduction in rank, leave of absence or discharge of members;
 (c) the pay and allowances of members, and the stoppages to be made
therefrom, and the payment of rewards and gratuities, either unconditionally or
conditionally;
(d) the remuneration of members of the Police Constabulary and ancillary
members;
(e) the manner and circumstances in which any deficiency, loss, damage
or expense caused to the State or to the Police Force by the wrongful act, negligence
or carelessness of a member may be recovered from such member, and the manner in
which, and the person or persons by whom, the amount to be recovered from such
member shall be determined;
(f) the appointment of boards of inquiry, the procedure of such boards
and the attendance of witnesses thereat;
(g) the appeals in terms of this Act;
(h) the procedure before the Police Service Commission;
(i) the provision, care, safe custody and maintenance of animals,
vehicles, arms and accoutrements, dress, clothing and equipment of the Police Force;
( j) the provision to and occupation by members of quarters, whether
owned or rented by the State or placed at its disposal;
(k) the conduct of disciplinary proceedings before boards of officers and
single officers;
(l) abandoned, lost or unclaimed property found or taken charge of or in
the possession of a member;
(m) the establishment, constitution, functions and procedure of the
Zimbabwe Republic Police Association;
(n) the secondment of members with their consent to employment outside
the Police Force including the terms and conditions thereof.
(2a) Regulations in terms of subsection (1) may provide penalties for contraventions
thereof, but no such penalty shall exceed a fine of level five or imprisonment for a
period of six months or to both such fine and such imprisonment.
[inserted by Act 22 of 2001, with effect from the 10th September, 2002]
(3) No regulations relating to pay, conditions of leave, payment of allowances,
discipline, grievance procedures, conditions of housing and quarters or marriage for
Regular Force members and provision for their dependants may not be made under
this section unless they have been submitted to the Police Service Commission and
the executive committee of the Zimbabwe Republic Police Association for
examination and recommendation.
73 Transitional provisions and savings
(1) In this section—
“fixed date” means the 1st October, 1995.
(2) Any regulations which were made or deemed to have been made by the Police
Service Commission before the fixed date and which were in force immediately
before that date shall be deemed to have been made by the Minister in terms of
section seventy-two.
(3) A person appointed as a member before the fixed date whose appointment was
subsisting immediately before that date shall be deemed to have been appointed in
terms of this Act.
(4) Anything which was lawfully made, done or commenced before the fixed date by
or on the authority of the Commission or the Commissioner and which, immediately
before the fixed date, had or was capable of acquiring legal effect shall, on and after
that date, continue to have or to be capable of acquiring, as the case may be, the same
force and effect as if it had been made, done or commenced by or on the authority of
the Police Service Commission, the Minister or the Commissioner, as the case may
be, in terms of the appropriate provision of this Act.
SCHEDULE (Sections 29 and 34)
OFFENCES
 1. Inciting, using or joining in any mutiny or sedition or conspiring with
any person to incite or cause any mutiny or seditious conduct.
2. Being present at any mutiny or act of sedition and failing to use the
utmost endeavour to suppress it or, knowing of any mutiny or sedition, failing to give
information thereof to a superior without delay.
3. Abandoning or delivering up any station, post, camp or guard which it
is his duty to defend, or voluntarily abandoning his arms.
4. By discharging any firearm or making any signal or by any means
whatsoever, intentionally occasioning a false alarm or disturbance in any station,
post, camp or quarters.
5. Making or spreading reports calculated to cause alarm or despondency.
6. (1) Deserting from the Police Force or refusing to serve therein or
advising, persuading or assisting any other member to desert or refuse to serve, or
knowingly receiving or entertaining any deserter, or, on discovery of a deserter,
failing to give information thereof to a superior, or failing to arrest or take every
means to cause such deserter to be apprehended.
(2) If on the trial on any charge for contravening subparagraph (1) it
appears upon the evidence that the accused was not guilty of contravening that
subparagraph but was guilty of contravening paragraph 12 or 13, he may be found
guilty of contravening the provisions of that paragraph.
7. Being insubordinate by word, act or demeanour.
8. Being oppressive or tyrannical towards a junior in rank.
9. Assaulting any other member.
10. Without good and sufficient cause, uttering or making in any way any
threat against any other member.
11. Without good and sufficient cause, disobeying or refusing or omitting
or neglecting to carry out any lawful order, written or otherwise.
12. Leaving his guard, post, beat, patrol or other place of duty without
permission or reasonable excuse or, on being required to remain at a station or in
camp, quarters or a district, absenting himself therefrom without leave or reasonable
excuse.
13. (1) Being absent without leave.
(2) Without permission or reasonable excuse, failing to attend or being
late for any parade or duty.
(3) Leaving any parade or duty without permission.
14. Escaping from lawful custody.
15. Interfering with any guard, post or sentry or rescuing any person in
custody.
16. Sleeping, loitering or committing any irregularity when on duty.
17. Being drunk on or off duty or rending himself unfit for duty by
indulging in liquor or drugs.
18. When required on reasonable grounds by an officer of or above the
rank of superintendent to do so, failing to furnish a true and detailed statement of his
liabilities and of his ability to meet them.
19. Unnecessarily detaining any person in custody.
20. Releasing any person in custody without proper authority, or by any
wilful act or negligence suffering a person in custody to escape.
21. Using unnecessary violence towards, or neglecting or in any way ill-
treating any person in custody or other person with whom he may be brought into
contact in the execution of his duty.
22. Malingering or feigning disease or illness, or obtaining relief from
duty on a false or exaggerated plea of injury, illness, pain or sickness.
23. Wilfully producing disease or infirmity or wilfully maiming or
injuring himself or any other member, whether at the instance of such a member or
not, or wilfully causing himself to be maimed or injured by any other person, with
intent thereby to render himself or such other member unfit for duty.
24. Wilfully or negligently disclosing or communicating any secret or
confidential information to any person or member other than the person or member
for whom such information is officially intended, or divulging any matter or revealing
any document which it is his duty as a member to keep secret.
25. Without authority, communicating, directly or indirectly, to the press
or to the public any matter or thing concerning the Police Force, the communication
whereof results in or is reasonably likely to result in any prejudice to the
administration, discipline or efficiency of the Police Force.
26. Causing any person to interfere, through solicitation by undue means,
in his own interests or in the interests of any applicant for promotion, transfer or
preferment of any kind.
27. Soliciting or accepting any bribe or soliciting any present, reward or
consideration whatsoever in connection with his position or duties as al member, or
accepting such a present, reward or consideration without the authority of the
Commissioner.
28. (1) Wilfully or negligently losing, destroying, injuring or damaging
any property, of the State or property in the possession of the State, or for which the
State is responsible, or of the Police Force, or of any member, or any mess, canteen,
club, fund or other institution of the Police Force, or of any person in custody, or any
exhibit in a criminal case or property, lost, found, taken for safe keeping or
unclaimed.
(2) For the purposes of subparagraph (1)—
“property” means any movable or immovable property, including—
(a) money, foreign currency and negotiable instruments;
(b) vehicles and aircraft.
29. Improperly obtaining, appropriating, withholding, applying, disposing
of or using any property referred to in paragraph 28.
30. Unnecessarily or negligently discharging any firearm.
31. Knowingly making a false entry in any official book, diary, form or
document or wilfully omitting to make any entry therein which it is his duty to have
entered.
32. Knowingly making a false return, report or statement or being privy
thereto, or neglecting to make or send any report which it is his duty to have made or
sent.
33. Wilfully defacing or refusing to sign any official book, record,
voucher or pay-list without just and reasonable grounds or with intent to deceive or
prejudice the course of any investigation or any person, suppressing, concealing,
withholding, defacing, obliterating, erasing, altering, destroying or doing away with
any report, return, register, book, page, record, form, claim, letter or any other
document or any part thereof relative to his functions or duties.
34. Omitting or neglecting to perform any duty, or performing any duty in
any improper manner.
35. Acting in an unbecoming or disorderly manner or in any manner
prejudicial to good order or discipline or reasonably likely to bring discredit to the
Police Force.
36. Entering, while on duty, any place licensed for the sale of intoxicating
liquor, except in the immediate exercise of his duty or when necessarily requiring a
meal or accommodation.
37. Without the approval of the Commissioner, carrying on any trade,
occupation or business, either directly or through the agency of any other person.
38. Falsely imputing improper conduct on the part of any member or
making frivolous or vexatious complaints.
39. Improperly using his position as a member for his private advantage.
40. Failing to account for or make a prompt and true return of any money
or property received by him in his official capacity.
41. Making any anonymous communication to the Minister, the
Commissioner, a superior or a person in authority.
42. Signing or circulating any petition with regard to the efficient running
of the Police Force except in accordance with the provisions of this Act or any other
enactment.
43. Without the consent of the Commissioner, convening or attending any
meeting to discuss conditions of service of the Police Force or individual members
except in accordance with the provisions of the Act.
44. Attempting to commit, aiding the commission of, conspiring with
another to aid or procure the commission of or to commit, inciting another to commit
or being an accessory after the fact to the commission of any offence specified in this
Schedule.
45. Knowingly giving false information in any application for a loan or
other financial assistance from funds at the disposal the State or the Police Force or,
having been granted such loan or financial assistance for a specific purpose, failing
without good cause to use it for the purpose specified or, without authority, using it
for some other purpose.
46. In this capacity as a member, writing, signing or giving any
testimonial of character or other recommendation with the object of obtaining
employment for any person or supporting an application for a grant of a licence of
any kind:
Provided that the provisions of this paragraph shall not apply to
the writing, signing or giving of any such testimonial or other recommendation which
is authorized by the Commissioner or which is required by the State or under the
provisions of any enactment.
47. (1) While off duty in uniform in a public place or while on duty at any
place, being, through wilfulness or neglect, improperly dressed or dirty or untidy in
his person, uniform or accoutrements.
(2) For the purpose of subparagraph (1), a member shall be deemed to
be in uniform and improperly dressed if he wears any article of uniform mentioned in
dress orders at the same time that he wears, in such manner as to be visible, any
article of civilian clothing.
48. (1) Actively participating in politics.
(2) Without derogation from the generality of subparagraph (1), a
Regular Force member shall be deemed to be actively participating in politics if he—
(a) joins or associates himself with an organization or movement of a
political character; or
(b) canvasses any person in support of, or otherwise actively assists, an
organization or movement of a political character; or
(c) displays or wears rosettes, favours, clothing, symbols, posters,
placards or like articles having a political significance; or
(d) attends a political meeting or assembly when wearing the uniform of
the Police Force or any part of such uniform likely to identify him as a Regular Force
member:
Provided that the provisions of this subparagraph shall not apply to a
Regular Force member who attends such meeting or assembly in uniform in the
course of his duties; or
(e) asks questions from the floor at a political meeting; or
(f) publishes views of a political character or causes them to be published
in speeches, broadcasts, letters to the press, articles, leaflets, posters, placards, books
or otherwise; or
(g) does any other act whereby the public or any member thereof might
reasonably be induced to identify him with an organization or movement of any
political character.
 (3) Nothing in this paragraph contained shall be construed as
precluding a Regular Force member from—
(a) asking questions from the floor at a political meeting held with the
permission of the Minister at which the audience consists only of persons in the
employment of the State; or
(b) explaining Government policy in the course of his duties as a Regular
Force member; or
(c) performing the duties of a returning officer, polling officer or like
officer at a Parliamentary or local election or at a referendum; or
(d) voting at a Parliamentary or local election or at a referendum.
(4) For the purpose of subparagraphs (a) and (b) or paragraph (2), a
trade union or employees organization shall be deemed to be an organization or
movement of a political character:
Provided that this subparagraph does not apply to membership
of the Zimbabwe Republic Police Association established under this Act