• inquire into and deal with complaints, other than complaints relating to
disciplinary action, by any member of the Defence Forces;
• exercise any other functions that may be imposed or conferred upon the
Commission in terms of [the] Act or any other enactment.
The same comments can be made about the Defence Forces Service Commission’s
terms of reference as were made above about the Police Service Commission.
The Prison Service
The Prison Service is established “for the administration of prisons in Zimbabwe and
for the protection of society from criminals through the incarceration and
rehabilitation of offenders and their re-integration into society”.
(1) Command of the Prison Service
The Prison Service is under the command of the Commissioner-General of Prisons
who is appointed by the President after consultation with the Minister of Justice who,
before tendering advice, must consult the Prison Service Commission.
The Commissioner’s term of office is four years, after which he should retire,
irrespective of his age or length of service. As with the Commissioner-General of
Police, the President can re-appoint the Commissioner for periods of not more than
12 months at a time.
(2) Prison Service Commission
A Prison Service Commission is established by s 100 of the Constitution, with:
• a chairman, who is the chairman of the Public Service Commission, and appointed
by the President in terms of s 74(1) of the Constitution; and
• not less than 1 and not more than 7 other members, appointed by the President.
The members again must be chosen for their ability and experience in administration
or their professional qualifications or their suitability otherwise for appointment, and
at least 1 member shall be a person who has held the rank of Superintendent or
higher rank in the Prison Service for periods aggregating to at least 5 years.
The functions of the Commission are described in the Constitution in the same vague
terms as are those of the other service commissions, but the Prisons Act lists the
following:
• to make recommendations to the Minister and the Commissioner in regard to the
recruitment of persons to the Service and the qualifications for appointment and
promotion to the various ranks in the Service;
• to approve the appointment, promotion, removal from office or reduction in rank
of non-commissioned officers in terms of section nine;
• to inquire into and deal with complaints, other than complaints relating to
disciplinary action, made by prison officers;
• to make recommendations to the Minister regarding remuneration and the
general conditions of service of prison officers;
• to exercise any other functions that may be conferred or imposed upon it in terms
of this Act or any other enactment.”
The Prison Service Commission’s remit is thus wider than those of the Police Service
Commission and the Defence Forces Service Commission.
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