122. Under the terms of its section 2A(1), the purpose of the Labour Act is “to advance social
justice and democracy in the workplace” by providing for the fundamental rights of employees
and a legal framework for collective bargaining to improve conditions of employment and
through the promotion of fair labour standards and the participation by employees in decisions
affecting their interests in the workplace, as well as securing the just, effective and expeditious
resolution of disputes and of unfair labour practices. The Act prevails over any other
enactment inconsistent with it (section 2A(3)). It applies to all employers and employees
except those whose conditions of employment are otherwise provided for in the Constitution,
members of the public service governed by the Public Service Act, members of a disciplined
force (defined under section 2 as including military, air, naval and police forces, prison service
and persons employed in the President’s Office on security duties) and such other employees
of the State as the President may designate by statutory instrument (section 3).
123. Several provisions of the Labour Act entitle the Minister of Public Service, Labour and Social
Welfare to make specific regulations. Pursuant to section 17(1), the Labour Relations
(Protection Against Any Acts of Interference Between Workers’ Organisation and Employers’
Organisation) Regulations were issued in 2003. The same year, pursuant to section 102, the
Minister of Public Service, Labour and Social Welfare published the Labour (Declaration of
Essential Services) Notice which declared certain services to be essential.
124. The Public Service Act makes provision for the Public Service Commission and its functions,
provides for the constitution and administration of the public service and the conditions of
service of its members. Procedures for the establishment and recognition of associations or
organizations representing public service employees, as well as for their suspension and
dissolution, are set out in the Public Service (Formation and Recognition of Associations or
Organisations) Regulations, 1998. The Regulations also set out privileges of recognized
associations or organizations. The Public Service (Public Service Joint Negotiating Council)
Regulations, 1997 provide for the establishment of the Public Service Joint Negotiating
Council for the purpose of engaging in mutual consultations and negotiating salaries,
allowances and conditions of service in the public service.
125. The Health Service Act provides for the establishment of the Health Service Board and its
functions, defines the health service and provides for its administration and the conditions of
service of its members, and transfers persons engaged in public health service delivery from
the public service to the health service. The Health Service (Health Service Bipartite
Negotiation Panel) Regulations, 2006, like the relevant Public Service Regulations, provide, as
their title indicates, for the establishment of the Bipartite Negotiating Panel for the purpose of
engaging in mutual consultations and negotiating salaries, allowances and conditions of
service in the health service.
126. The Public Order and Security Act (POSA),
81
which entered into force on 22 January 2002,
deals with offences against public order. It is supplemented by Chapter IV on crimes against
public order of the Criminal Law (Codification and Reform) Act, 82 which entered into force
on 1 July 2006. The latter Act consolidated and amended the criminal law of Zimbabwe,
including through the repeal of several legislative acts, such as the Miscellaneous Offences
Act [Chapter 9:15] of 1964 and amendment of the POSA. The First Schedule to the Criminal
Law Act establishes a standard scale of fines ranging from levels 1 to 14 and which apply to
all offences under the national legislation. The scale of fines can be periodically amended by a
81
As amended by the Public Order and Security Amendment Act, 2007.
82
Act 23/2004. The Act contains provisions addressing the same matters as dealt with under the
POSA.
Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3
43
Select target paragraph3
Add to table of contents