Service Commission involving misconduct or suspected mis15conduct on the part of the member, Part XII shall not apply to
such a dispute except for section ninety-seven, and, for the purposes of such dispute, the references in paragraphs (c) and (e)
of subsection (1) of that section of an employment code shall be
construed as being references to the appropriate service
20regulations prescribing the discipline of members of the Public Service made in terms of the Public Service Act [Chapter
16:04]:
(b) between any member of the Public Service or trade union,
organisation, association or federation representing members
25of the Public Service and the Public Service Commission, not
being a dispute referred to in paragraph (a)-(i)
no person other than an employment council registered
for the Public Service or a designated agent of that
employment council shall have jurisdiction in the mat30ter; and
(ii)
Part XII shall not apply to such dispute except for section ninety-seven, and then only upon completion of the
procedures provided for the settlement of disputes or
grievances by the appropriate service regulations made
35in terms of the Public Service Act [Chapter 16:04} or in
terms of any collective bargaining agreement negotiated
by the employment council registered for the Public Service.
(4) For the avoidance of doubt, nothing in this Act shall be construed as affecting the exclusive responsibility of the Public Service Com40mission under the Constitution and the Public Service Act [Chapter 16:04]
for the creation or abolition of posts or grades in the Public Service, the
appointment of persons to such posts or grades and the discipline of members of the Public Service.
(5) This Act shall not apply to or in respect of –
45(a) members of a disciplined force of the State; or
(b) members of any disciplined force of a foreign State who are in
Zimbabwe under any agreement concluded between the Government and the government of that foreign State.”.
5
6
New section inserted after section 4 in Cap. 28:01
The principal Act is amended by the insertion after section 4 of the following section --“4A Prohibition of forced labour
5(1)
Subject to subsection (2), no person shall be required to per-form forced labour.
(2)
For the purposes of subsection (1) "forced labour" does not
include- -(a) any labour required in consequence of the sentence or order of
10a court; or
(b) labour required of any person while he is lawfully detained,
which, though not required in consequence of the sentence or
order of a court- -(i)
is reasonably necessary in the interests of hygiene or for
15the maintenance or management of the place at which
he is detained; or
(ii)
is permitted in terms of any other enactment; or
(c) any labour required of a member of a disciplined force in pursuance of his duties as such or any labour required of any per20son by virtue of an enactment in place of service as a member
of any such force or service; or