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POLICE AMENDMENT BILL H.B. 1, 2023

POLICE AMENDMENT BILL, 2023
_________________
Memorandum
The purpose of this Bill is to amend the Police Act [Chapter 11:10], to achieve
the following principal objectives:
• section 221(1) of the Constitution provides that the Commissioner-General
of Police is to be appointed by the President after consultation with the
Minister responsible for the police;
• to align the tenure of office of the Commissioner-General of Police with
section 221(2) of the constitution;
• the functions of the Commissioner-General to be aligned with section
221(4) of the Constitution;
• Police Act to be aligned with sections 243(2), 255(2) and 259(11) of the
Constitution;
• section 223(1)(a) gives power to appoint qualified and competent persons
to hold posts or ranks in the Police Service;
• repeal of section 32 of the Police Act which gives right of trial before a
Magistrate Court;
• aligning provisions relating to appointment, promotion, discharge,
retirement and conditions of service of members of Police Service with
provisions of the Constitution.
In brief therefore, the Bill amends various provisions of the Act so that it complies
with the Constitution.

In more detail the individual clauses of the Bill provide as follows:
Clause 1
This clause sets out the Bill’s short title.
Clause 2
This clause amends the definition of the Commissioner-General and replaces the
term “Police Force” with the term “Police Service”.
Clause 3
This Clause sets out the appointment of the Commissioner-General as provided
in the Constitution of Zimbabwe.
Clause 4
This clause sets out the terms and conditions of service of the Commissioner-General
as provided for in the Constitution. The Commissioner-General shall be appointed for
a period of five years which may be renewed once.
Clause 5
This clause places the duty on the Commissioner-General of Police to act in
accordance with any written policy directives given by the Minister responsible for
the police.

Clause 6
This clause provides for the standing orders to be formulated by the Police Service
Commission on the advice of the Commissioner-General of Police with the approval
of the Minister.
Clause 7
This clause provides that the Commissioner-General should comply with the
directions of the Prosecutor-General.
Clause 8
This clause provides that the Commissioner-General must comply with any
directives given to him or her by Zimbabwe Human Rights Commission in terms of
section 243(2) of the Constitution and directives given by Zimbabwe Anti-Corruption
Commission in terms of section 255(2) of the Constitution.
Clause 9
This clause provides that the Police Service Commission through the CommissionerGeneral may appoint, suspend and discharge non-commissioned members.
Clause 10
This clause provides that the Police Service Commission may promote noncommissioned officers.
Clause 11
This clause sets out that the Police Service Commission may reappoint to the
Regular Force a person who has retired in terms of this Act.
Clause 12
This clause sets out that the Police Service Commission may discharge a Regular
Force member, other than an officer, on the grounds of continued ill-health or some
infirmity of body or mind.
Clause 13
This clause stipulates that the Commissioner-General may discharge a Regular
Force member with the consent of the Police Service Commission.
Clause 14
This clause repeals section 32 of the Act which gives right to trial before a
Magistrates Court. All disciplinary trials even of commissioned officers should be
conducted by a board of officers only.
Clause 15
This clause repeals section 46 of the Act since no trial will be done by a Magistrate.
Clause 16
This clause sets out that the Police Service Commission may discharge, demote
and reprimand a member, other than an officer, who is convicted of any offence and
sentenced to imprisonment without the option of a fine.
Clause 17
This clause provides for an appeal to the Police Service Commission.

Clause 18
This clause provides for the delegation of functions of the Police Service
Commission to the Commissioner-General subject to section 321(2) of the Constitution.
Clause 19
This clause provides for the alignment of section 67 of the principal Act to section
50(9) of the Constitution.
Clause 20
This clause provides for the alignment of section 72 of the principal Act to section
223(2) of the Constitution.

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