or mental incapacity or personal injury;
“medical board” means a medical board appointed in terms of section twenty-seven;
“medical practitioner” means—
(a)
a person who is registered under the Health Professions Act [Chapter
27:19 ] as a medical practitioner;
[amended by Act 6/2000 with effect from the 2nd April, 2001.]
or
(b)
in the case of a person who practises outside Zimbabwe, a person who
is qualified in medicine and approved by the Secretary of the Ministry responsible for
health for the purposes of this Act;
“Minister” means the Minister of Public Service, Labour and Social Welfare or any
other Minister to whom the President may, from time to time, assign the
administration of this Act;
“occupation” includes a profession, calling or trade;
“pension” means an annual pension payable during the lifetime of the recipient
unless, in terms of this Act, it is payable for a shorter period;
“repealed law” mean the Victims of Terrorism (Compensation) Act [Chapter 340 of
1974] or the Indemnity and Compensation Act, 1975 (No. 45 of 1975);
“the war” means the armed conflict which occurred in Zimbabwe and in neighbouring
countries between the 1st January, 1962, and the 29th February, 1980, in connection
with the bringing about of, or resistance to, political and social change in Zimbabwe.
(2) The Commissioner may declare any unmarried person who—
(a)
is an apprentice or articled clerk or otherwise undergoing training and
has not attained the age of twenty-one years; or
(b)
is incapable of earning a livelihood through mental or physical
infirmity which arose before he or she attained the age of nineteen years;
and who is the legitimate or legitimated son or daughter, including a posthumous
child, a step-child or a child legally adopted, of a disabled person or a deceased
person to be a child for the purposes of this Act, and such son or daughter shall be
regarded for the purposes of this Act as a child of the disabled person or the deceased
person until such time as—
(i)
in the case of a person referred to in paragraph (a), he or she attains
the age of twenty-one years or ceases to undergo the training, as the case may be; or
(ii)
the Commissioner revokes his declaration; whichever is the earlier.
(3) Any reference in this Act to the date of injury of a disabled person or deceased
person means the date upon which the disabled person or deceased person received
the injury which caused his disablement or death or the date upon which the injury
first manifested itself, as the case may be:
Provided that, if that date is not established to the satisfaction of the Commissioner,
the Commissioner shall, having regard to all the evidence submitted and, if the
Commissioner considers it to be necessary or desirable, after considering the report of
a medical board, determine the date of injury of the disabled or deceased person, as
the case may be, for the purposes of this Act.
(4) For the purposes of this Act, pre-existing ill-health, physical or mental incapacity
or personal injury of a person shall be deemed to have been aggravated to a material
extent by a subsequent injury if, where the degree of disablement which would have
been applicable had the whole of the condition of the person concerned been caused
by that subsequent injury (hereafter in this subsection called his full degree of
disablement) is—
(a)
less than twenty per centum the aggravation in his condition
constitutes a degree of disablement of five per centum or more which is not less than
one-half of his full degree of disablement;
(b)
twenty per centum or more, the aggravation in his condition
constitutes a degree of disablement of not less than ten per centum.
(5) For the purposes of this Act, persons shall be deemed to be married or to have