118. Articles 107 and 108 of the Constitution provide for the Public Protector to be appointed by the President to investigate actions taken by any officer, person or authority in the exercise of their administrative functions in any case where it is alleged that a person has suffered injustice in consequence of that action and it does not appear that there is any remedy reasonably available by way of proceedings in a court or on appeal from a court. On the basis of these provisions, an Office of the Ombudsperson was established in 1982 by the Ombudsman Act. 119. The Organ for National Healing, Reconciliation and Integration was established on the basis of article 7.1(c) of the GPA as “a mechanism to properly advise on what measures might be necessary and practicable to achieve national healing, cohesion and unity in respect of victims of pre- and post-independence political conflicts”. It is composed of three Ministers of State appointed by the President. Its purpose was later described as “to promote equality of treatment of all regardless of gender, race, ethnicity, or origin; put in place practicable measures to achieve national healing, cohesion and unity in respect of victims of pre- and post-independence political conflicts; create an environment of tolerance and respect among Zimbabweans from the Diaspora; as well as to assure personal security of all persons and prevent the resort to violence for purposes of settling any disagreements or differences”. 77 II. Trade union legislation A. Relevant legislative instruments 120. Zimbabwe regulates trade union and employment affairs mainly pursuant to its Constitution; the Public Service Act [Chapter 16:04], 1996, accompanied by the Public Service (Public Service Joint Negotiating Council) Regulations, 1997 and the Public Service (Formation and Recognition of Associations or Organizations) Regulations, 1998; the Health Service Act [Chapter 15:16], 2004, accompanied by the Health Service (Health Service Bipartite Negotiation Panel) Regulations, 2006; the Labour Act [Chapter 28:01], 78 accompanied by the Labour (Declaration of Essential Services) Notice, 2003, the Labour Relations (Protection Against Any Acts of Interference Between Workers’ Organisation and Employers’ Organisation) Regulations, 2003, and the Labour (National Employment Code of Conduct) Regulations, 2006. Various provisions exist that subject trade unionists to the general law of Zimbabwe, including, in particular, the Public Order and Security Act [Chapter 11:17], 2002 79 and the Criminal Law (Codification and Reform) Act [Chapter 9:23], 2005. 121. The Constitution of Zimbabwe is the country’s supreme law and any law inconsistent with it shall, to the extent of the inconsistency, be considered void (article 3). Chapter III of the Constitution provides for the Declaration of Rights. Article 18(1a) 80 imposes on every public officer a duty towards every person in Zimbabwe to exercise his or her functions as a public officer in accordance with the law and to observe and uphold the rule of law. 77 Interparty Political Agreement – Declaration Authorizing the Organ on National Healing Reconciliation and Integration to Embark on the National Dedication Programme, gazetted on 15 July 2009. 78 The Labour Relations Act 16/1985 until 7 March 2003, when the short title was changed to the Labour Act by Act 17/2002. The Labour Act was last amended in December 2005. 42 79 As amended by the Public Order and Security Amendment Act, 2007. 80 As added by the Constitutional Amendment Act No. 19. Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3