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PUBLIC HEALTH BILL

 

H.B. 7, 2017.]

 

 

PUBLIC HEALTH BILL, 2017

 

 

MORA.NDUM

 

This Bill seek,;; to replace, update and align to the Constitution the law relating to Public Health. The present Public Health Act was passed in 1924 and needs updating to meet the current health challenges and needs of the population.   The Bill seeks to introduce the following new featm·es among others:

  • Introduction oLImual National HealthFormns to be convened by the Public

Health Advisory Board to discuss pertinent public health matters.

 

  • Provincial and DistJict Health administJ·ation.

 

  • Rights and duties iu Public Health to align with section 76 of the Constitution.

 

  • Emergency treatment.

 

  • Updated the lists of Notifiable disease to include en1erging conditions such as Viral haemorrhagic fevers and Yellmv Fever.
  • Prevention and control of Non Communicable Diseases.

 

  • Compulsory immtmisation of children and incapacitated persons.

 

  • Water safety and sanitation including waste management.

 

  • Intemational Health Regulations (2005).

 

  • Establishment and objects of public health fuuds.

 

  • Declaration of a State of Public Health Emergency.

 

  • Penalties for non-cmnpli<.mce.

 

The individual clauses of the proposed Bill explain in greater detail the reasoning beltind tltis Bill.

 

Part I contains provisions of short title and  interpretations

 

Clause 1 provides for the title and date comn1encen1ent of the Bill.

Clause 2 contains important tenns,  definitions used throughout the Bill.

 

Part II contains administrative provisions of the public health system. It provides for the  National, Provincial and  District Health Administration

Clause 3 provides for the Ministry responsible for public health and its fm1ctions.

Clause 4 provides for the establishment  and functions of the Advisory Board of Public Health.

 

Clauses 5 and 6 provide for theAtmual National Health Consultative Fmum and its conduct respecti vcly.

Clause 7 provides for the appointment and functions of the Chief Health Officer.

Clause 8 provides for the appoinlulent  and fuuction  of National  and assistaut National Health Oflicers. These are Directors  and Deputy Directors appointed by the Health Services Bom·d.

 

Clauses 9, 10, 11 and 12 provide for the appoiutJnent of Provincial Health Officers, other officers, members of the provincial health teams and ftmclions of the provincial health tea111s respectively.

(i)

Clauses 13, 14, 15 and 16 provide for the appointment of District Health Officers,  functions, Other Officers and members of the District Health Teams respectively.

 

Clause 17 provides for the establishment and functions of health centre committees.

 

Clause 18 provides for the role played by a district administrator if no local authority exists.

 

Clauses 19 and 20 provide for the appointment and duties of Director Health Services in local authorities respectively.

 

Clause 21 provides for Government medical officers to be Director Health services  in their respective rural districts.

 

Clause 23 provides for the requirements and procedure for removal of Director Health Services and environmental health officers.

 

Clause 24 provides for the powers of the Minister where Local authorities fail to appoint Director Health Services or environmental health officer.

 

Clause 25 provides for combined appointments where one is allowed to hold several positions at the same time.

 

Clause 26 outlines the duties of local authorities.

 

Clause 27 provides for the powers of the Minister in the event of local authorities failing or refusing to perform duties as outlined in the Act.

 

Clause 28 mandates the Minister to develop Public Health Human Resources policies and guidelines.

 

Clause 29 gives the Minister Powers to make regulations relating to Human Resources to ensure among other things that adequate resources are available for education and training of health care personnel.

 

Part III contains issues of Health Services

 

Clause 30 spells out the principles of public health and practice which must guide public health policy and practice.

 

Clause 31 imposes a duty to avoid harm to public health on every person.

 

Clause 32 provides that no health practitioner or establishment may refuse a person emergency treatment and the penalty for such refusal.

 

Clause 33 gives a duty on health practitioners to provide users with full knowledge of services available.

 

Clause 34 gives a requirement that consent must be given by clients or patients.

 

Clause 35 provides for requirements for experiments and research in the Health service.

 

Clauses 36, 37 and 38 provide duty to disseminate information, obligations to keep records and confidentiality issues.

 

Clause 39 provides for access to health records by health care providers.

 

Clause 40 provides for laying of complaints against health care providers and workers.

 

Clause 41 provides for compulsory immunisation of children and incapacitated persons.

(ivii )

 

Clause 42 imposes a duty on health  care users vvith regards to adherence to rules and provicling accurate information.

 

Clause 43 gives  health  care users  rights  to participate in any decision affecting their personal health  and treatment

 

Clause 44 provides for rights  of health  personneL

 

Pm1IV contains provisions dealing with  infectious diseases

Clauses 45, 46, 47, 48, 49 provide for notification of infectious diseases.

Clauses 50 up  to  60 provide for  the prevention and  suppression of Infectious diseases. Issues include inspection of infected premises, provision of isolation hospitals,

mortuaries, measures to be adopted by local  authorities in case of infectious disease, conveyance of infected persons in  public   conveyance, hovv to  deal  vvith infected dvvelllngs, removal  and burial of bodies of persons who have died of infection.'! disease.

 

Clause 61 provides for regulations regarding infectious diseases.

 

Clause 62 provides for a system of reciprocal notification as to outbreaks affecting both animals and man between  the Ministry and the Veterimuy  Department.

 

Clauses 63 up  to 70 contain special provisions regarding formidable epidemic diseases and conditions of public health importance. The issues include notification of fonnidable epidemic diseases, duties  of local authmities to report  and appointlnent of epidemic cormnittees.

 

Clause 66 gives the Minister powers to deal Vith fonnidable diseases in the event that a local  authority fails.

Part V contains provisions regarding Sexually Transmitted Diseases or Infections

 

Clause 72 provides for the duties of medical practitioners who attend  to patients infected Vith sexually transmitted diseases or infections.

 

Clause 73 imposes a duty to health  directors of health  and Government medical officers  to report  STis.

 

Clauses 74 to 76 provide for the exmnination of STis. treatment proceedings and contributions and facilities for diagnosis and treatment of ST!s.

 

Part VI contains International  Health Regulations provisions

 

Part Vll contains provisions dealing with  Non Communicable Diseases

 

Clause 83 provides for the measures to be taken  by theifinister control  Non Communicable Diseases.

 

Clause 84 provides that the Minister may declare Non Cormnunicable Diseases and conditions of public  health impmtance.

 

Part VII  contains Water and Food Supplies provisions

 

Clause 85 impose a duty on local  authorities to fumish water supplies.

 

Clause 86  provides for  the approval   by the Minister of any  water  works.  The 1-'linister may put up a committee to enquire inquire into the expediency of sanctioning any proposed Vater work or scheme  if any person  objects to such scheme.

 

Clause 88 gives  the  Chief  Health Officer  Powers  to inspect and  examine any source  of water supply.

(iii)

 

Clause 89 provides that the Minister may make  and impose on local  authorities the duty of enforcing regulations in respect of water supplies.

 

Clause 90  provides for  the  prohibition of  sale  of  tmwholesome, diseased or contaminated articles  of food,

Clause 91 provides for the regulations regarding sale of milk and articles offood,

Clause 92 gives theJinisterpowers orders  include requiring the medical examination and training of any person  handling

food  articles,

 

Part lX contains provisions on Infant and Young Child Nutrition

 

Clauses 94 and 95 provide for the interpretation of terms  and  regulations the

Minister may make regarding infant  and young  child nutrition,

 

Pm1X contains provisions on Slaughter Houses

 

Clauses 96 up to 99 provide for the licensing of slaughter houses.

 

Clause 100 prohibits the sale of meat, which has not been slaughtered in a slaughter house.

 

Clause 101  provides for  the  inspection of  meat  by  any  local authority in coordination with the Ministry of Health  and the Veterinary department and the fees thereof

 

Part X [ contains provision on Sanitation and Housing

 

Clause 102 imposes a duty to every local authority to maintain clean and sanitary conditions at all times.  The  clause  further ensures  that local  authorities should  take all lawful, practical and reasonable measul"es to prevent  erection of dwellings that are injurious and dangerous to health.

 

Clauses 103 to 109  provide for nuisances in liable  to be injurious or dangerous to health,

 

Clause 110 provides to demolition of mrfit dwellings, i,e, those dwellings proved as nwsances.

 Clause 111 provides for  prohibition in respect of back  to back  dwellings and rooms  without  through  ventilation.

 

Clause 112 provides for the regulations the 1Jinister may make  and the powers he or she may confer  and duties  imposed to local  authourities in respect  to sanitation and housing.

 

Part XU contains a provision dealing with  Public Health Emergencies

 

Clause 113 provides for the declaration of a state of public health emergency and the regulations the.ifinister

for the Civil Protection Act [Chapter  10,06],

 

Part XIII  Public Health Funds provisions

 

Clause 114 provides for  the  establishment and  objects  of public  health  funds, The Fund(s) shall be for specific  public  health  purposes,

 

Clauses 115 up  to 117 provide for the contributions and use,  composition and administration of the public  health  funds,

 

Part XIV contains general provision

(iv)

 

PUBLIC HEALTH BILL,  2017

ARRANGEMENT OF SECTIONS PART!

 

                                                                                                                                                                     PRELIMlNlRY

5'ection

  1. Short title. 2. Interpretation.

 

PART II

 

ADMTh'ISTRATIO}J  OF PUBLIC HEALTH  SYSTEM

 

Sub-Part A: National health  system  administration

 

  1. Ministly responsible for health.
  2. Advisory Board of Public Health.
  3. Annual National Health Consultative Forum.
  4. Conduct of Annoa:l National Health Consultative Forum.
  5. Chief Health Officer.

8.    National health officers and Assistant National health officers.

 

Sub-Part B: Provincial health  system administration

 

  1. Provincial Health Administration.
  2. Other officers at provincial level.
  3. Provincial or Metropolitan  Health Team.
  4. F1mctions of Provincial and Metropolitan Health Team.

 

Sub- Part C: District  Health  system Administration

 

  1. Distlict Health officer.
  2. Functions of District Health officer.
  3. Other officers at district level.
  4. Distlict Health Team.
  5. Health Centre committee.
  6. Local Authorities in nrral areas.
  7. Local authorities to appoint Director health services.
  8. Duties of Director health.
  9. Gove111111ent medical officers to be Director health services in tural districts.
  10. Local authorities to appoint environmental health officers.
  11. Removal of Director health services and environmental health officers.
  12. Local authorities  failing  to appoint  Director  health  services  or environmental health officer.
  13. Cmnbined appointments.
  14. Duties of local authorities.
  15. Defaulting local authorities.
  16. Public Health Human Resources.
  17. Regulations Relating to Hmmm Resources.

PART III

 

HEALTH  SERVICES

 

Section

  1. The obligation to report on implementation on rights in public health.

3 L   Principles of public health and practice.

  1. Duty to avoid hann to public health.
  2. Emergency treatlnent
  3. User to have full k:nmvledge of services available.
  4. Consent of user.
  5. Health service for experimental or research purposes.
  6. Duty to disseminate infonnation.
  7. Obligation to keep records.
  8. Access to health records by healthcare provider.

4L    Laying of complaints.

  1. Compulsory immmllsation of children and incapacitated persons.
  2. Duties of users of health services.
  3. Participation in decisions.
  4. Rights of health personneL

 

PART IV

 

It,1-pECTIOUS DISEASES

 

Sub-Part A: Notification  of infectious diseases

 

  1. Notifiable diseases.
  2. Notification of infectious disease.
  3. Notification by medical practitioners.
  4. Local authorities to transmit return of notifications.
  5. Re!,rulations for notification of infectious "::es.

 

Sub-Part B: Prevention and Suppression of Infectious  Diseases

 

  1. Inspection of infected  premises  and examination  of persons  suspected  to be suffering from infectious disease.
  2. Provision of isolation hospitals, mortuai-ies, disinfecting stations and ambulances by local authorities.
  3. Removal to hospital of infected persons.
  4. Infected persons sent for treatment from other distdcts.
  5. Measures to be adopted by local authority in case of infectious disease.
  6. Power of local authority to make order in relation to disinfection and personal hygiene.
  7. Exposure of infected persons or things.
  8. Conveyance of infected persons in public conveyances.
  9. Infected dwe111ngs not to be evacuated or let Mthout previous disinfection.
  10. Removal of bodies of persons who have died of infectious disease.

6 L  Removal and bmial of bodies of persons who have died of infectious disease.

2

 

Section

 

  1. ,;; regarding infectious diseases.
  2. Reciprocal notification and consultation behveen  Ivlinistry  and  Veterinary Department.

 

Sub-Part C: Special Provisions Regarding  Formidable Epidemic  Diseases and

Conditions  ofPublic Health importance

 

  1. Intetpretation of sub-part.
  2. Notification of suspected cases of fonnidable epidemic diseases and conditions of public health impm1ance.
  3. Local authorities to report  notification of fonnidable epidemic  diseases  and conditions of public health importance  by expeditious means.
  4. Powers of Minister where local  authority  fails  adequately to deal  with  any formidable  epidemic disease or condition or event of public health concen1.
  5. Re!,rulations regarding formidable epidemic diseases and conditions or events of public health concem.
  6. Appointment of epidemic committees.
  7. Advances to local authorities.

7L  Refunds to local authorities.

 

PARTV

 

SEXL'ALLY TRANS.MI1TED DISEASES  OR  INFECTIONS

 

  1. Application of Part V 73. Duties of medical practitioners.
  2. Duties of Director of health services and Govermnent medical officers or health practitioners to report, and powers of district administrator.
  3. Examination by medical practitioners.
  4. Proceedings to be in camera and reports not to be published.
  5. Contributions and facilities for diagnosis and treatment of infectious diseases.

 

 

PART VI

 

INTERNATIONAL HEALTH REGULATIONS

 

  1. Publication of Intemational Health Regulations and amendments thereto.
  2. Power to carry out and apply Intemational Health Regulations.
  3. Re!,>,tdations.
  4. Pmver to apply regulations to any infectious disease.
  5. National Focal Point for lntemational Health Regulations.

 

PART VII

 

NoN Cotv1MUNICABLE DISEASES

 

  1. Prevention and control of non-comnmnicable diseases
  2. -finister importance.

PARI' VIII

 

                                                                                                                                              WATER AND FOOD  SUPPLIES

Section

 

  1. Duty oflocal authority to furnish water supplies.
  2. Water works not to be cormnenced until approved by State.
  3. Local authority to maintain existing water supplies in good order.
  4. Powers to in."::pect Vater
  5. Sale of unwholesome, diseased or contaminated  articles of food prohibited.
  6. Regulations regarding sale of milk and articles of food.
  7. 11nister's

 

PART IX

 

INFA'f,1A 'D   y OlJNG CHrLD NUTRJTION

 

  1. Intetpretation in Paat.
  2. Regulations in respect of infant and young child nubltion.

 

PART X

 

SLAUGH1ER HousEs

 

  1. Intetpretation in Part.
  2. Licensing of slaughter-houses by local authorities.
  3. Local authority may refuse licences and appeals against refusals.
  4. Licence required for use of premises as slaughter-house.
  5. Cancellation of licence.
  6. Prohibition against sale of meat which has not been slaughtered in a slaughter- hom;e.
  7. Inspection of meat and fees for inspection.

 

PART XI

 

SANITATION A.NTI HousiNG

 

  1. Duties oflocal authorities.
  2. Nuisances prohibited.
  3. Notice to ren1ove nuisance.
  4. Local authorities failing to deal with nuisances.
  5. Penalties in relation to nuisances.
  6. Court may order local authority to execute Vorks ln ce11ain cases. 109. Examination of premises.
  7. Persons making cmnplaint of nuisance.
  8. Demolition of unfit dwellings.
  9. Prohibitions in respect  of back-to- back dwellings  and rooms  without  through ventilation.
  10. Health care waste management.

4

 

Section

 

  1. Sanitation technologies. 115.

 

PART XII

 

PlJBLIC  HEALTH ElIIERGENOES

 

  1. Declaration of a State Of Public Health Emergency.

 

PART XII!

 

PuBLIC llEALIH FL'NDS

 

  1. Establishment and objects of public health
  2. Contributions to and use of public health funds.
  3. Composition of public health  120. Administration of public  health  funds.

 

PART XIV

 

GENERA.L

 

  1. Domicile of persons for purposes of this Act.
  2. Contracts in respect of dwellings not to be affected.
  3. Savings as to recovery of damages.
  4. Protection of State and local
  5. Accmmtability and Protection of officers.
  6. Powers of entry and inspection of premises and penalties for obstruction.
  7. Penalties for fraudulent conduct in com1ection with certificates under this Act. The duty to remedy  breach.
  8. Penalties were not expressly provided.
  9. Burden of proof as to knowledge of infection or risk.
  10. Defect in fmm not to invalidate.
  11. Service of notices.
  12. Powers of local authority outside  its district.
  13. Provisions of this Act in relation to other laws.

 

  1. Scope and application of proclamations and regulations.
  2. Application of Act to State.
  3. Savings and Transitional Provisions.
  4. Repeal of Chapter 15:09.

 

FIRST  SCHEDULE: Provisions Applicable to Board.

SECOND SCHEDULE: Ancillary Powers of Board.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BILL

 

 

 

To provide for public health; to provide for the conditions for improvement of the health and quality of life and the health care for all people in Zimbabwe;  to provide for the rights, duties,  powers and functions of

5 all  parties in the public  health system,  to provide  for measures  for administration of public health; to repeal the Public Health Act [Chapter 15:09];  and to provide for matters connected therewith.

 

WHEREAS the Constitution  provides as follows:

 

"29 Health services

10             ( 1) The State must take all practical measures to ensure the provision t fbasic.

accessible and adequate health  services  throughout Zimbabwe.

(2) The  State  must  take  appropriate,fair and  reasonable measures t1_1   ensure that no person  is refitsed emergency medical treatment at any healrh institution.

( 3) The State must take all preventive measures vvithin the limits ofthe resources

15 available toil,including education and public awareness programmes, against the pread of disease."

 

"44 Duty  to respect fundamental human rights and freedoms

The State  and every  person, including juristic  pers!."JflS, and every  institution and agency of the  government at every  level  must  respect, protect, promote  and  ji.t!fil the

20              rights and freedoms set out in this Chapter.''

 

 

H.B. 7, 2017.]

 

Printed  by the Government Printer,  Harare.

 

"76 Right to health care

  • Every citizen  and  permanent resident  of Zimhah1+·e has the  right  tf"J have access  to basic  healrh-care services, including reproductive healrh-care 
  • Every person  living  with  a chronic illness  has the  right  to have  access to

basic  healthcare services for the illness.                                                     5

                                                                              ( 3) No person may he refused  emergem.v

institution.

(4) 7he  State  must  take  reasonable legislative and other  measures, within  the limits of the resources available to it. to achieve the progressive realisation of the rights

setoutinthissection."

 

"81 Rights of children

( 1) Every child, that is to say every boy and girl under the age ofeighteen years,

has the right-

(Jl to education, health  care services, nutrition and shelter;

10
(2)A child '>

 

"82 Rights of the elderly

People over the age of seventy  years  have the right-

                                                                                   (b} to receive  health  care and medical assistance from the 5'tate;

and the State  must  take  reasonable legislative and other  measures, lvithin  the limits  of

15
the resources available to it, to achieve the progressive realisation of this right.'':

 

NOW, THEREFORE, be it ENACTED  by the  Parliament  and the President  of Zimbabwe.

 

PARI" I

 

PREU1viiNARY

 

20
1   Short title and date of commencement

 

This Act may be cited as the Public Health Act, 2017.

 

 

2   Interpretation

 

(l) In this Act-

"adult"means a person of  eighteen years of age or over;

25
"appropriate  Minister··. in relation to a local authority or a body or authority  refened to  in  subsection (2),  means   the  Minister responsible for achninistering the Act by or under  which that local  authority,  body or authority was established;

"approved  veterinary  surgeon" tneans a veterinary surgeon approved  by the

30
Director of Veterinary Services;

"assistant national health officer" tneans a person appointed to be an assistant national health officer in terms of section 8;

'"Board'"means the Public Health Advisory Board established tmder section4; '"building"includes any stnKhrre whatsoever for Vhatever purpose used;

35
'"burial ''means burialln earth, interment or any other form of sepulchre. or the cremation or any other mode of disposal of a dead body; 40

 

 

 

"carcass'' includes <.my part of a carcass;

"Chief Health Officer" means the person referred to in section 7(1);

''child "means a person less than eighteen years of age;

"communicable disease" means  a disease  that can be transmitted  from  one person to another;

"cost"or "expenditw·e ", when used in connection with the re1noval, detention, accommodation, maintenance or treatment of  persons,   means  cost calculated  in  accordance with the tmiff  of charges  approved  by the

:rv:linister and based as nearly as tnay be on average cost or, if there is no

10                              such tariff, means actual cost;

"district''. in relation to-

( a)   a municipal council, town  council  or  local  board,  means  the municipal area, town area or local government area, as the case 1nay be;

15 (b)   a mral district cmmdl, means the council area or, where the Minister has in terms of subsection (2) declared a greater or lesser area to be a disblct  in relation to such rural disblct  council,  such greater or lesser area;

(c)   any other body or authmity  declared to be local authority in tenns

20                of subsection  (2),  tneans the area declared in tenns  of subsection

(2) to be a distJict in relation to such body or authority; "d elling"tneans any house, romn, shed, hut, cave, tent, vehicle, vessel or boat

or any other structure or place whatsoever, any portion Vhereof is used by any human being for sleeping or in which any hmnan being dvvells; 25 ''environmental health officer''1neans a person registered as an enviromnental health officer <mder any law relating to the registration of environmental health officers;

"food" or "article  of food",  other than dairy produce as defined by the Dairy Act [Chapter  18:08],  means any animal product, fish, fruit, vegetables,

30              condiments,   confectionery, beverages  and  <.my  other  article  or thing

whatsoever, other than   medicines, in any form, state or stage of preparation which is intended or ordinarily used for human consumption;

"guardian"1neans any person having, by reason of the death, illness, absence or inability of the parent or any other cause, the custody of a child; 35 "health impact assessment"means assessing the health impacts of policies, for the promotion and protection of public health;

'health institution "n1ean,.;; the whole or part of a public or private establishment, facility  building  or place,  whether for profit or not, that is operated  or designed  to  provide  inpatient or outpatient treatment, diagnostic or 40 therapeutic interventions, nursing, rehabilitative, palliative, convalescent preventive or other health service;

''health practitioner''tneans any person in respect of whose profession or calling a register is kept in terms of the Health Professions Act [Chapter 27:19]; ''hospital  or place of isolation'' means  any special  hospital or any premises

45  or portion  thereof  set  apart  and  used  solely  for  the  admission  and accommodation of persons suffering from infectious disease:

"Human Rights Commission"tneans the HmnanRights Connnission established nuder section 242 of the Constitution;

 

"infected", in relation to-

  • an infectious disease,  means suffering  from, or in the incubation stage or contaminated  with the infection of that disease;
  • a sexually transmitted disease, means any form or stage of infection

referred to in paragraph (a),                                                                         5

vvhether the disease vvas transmitted  through sexual intercourse  or not;

"infectious  disease" means any cmmnunicable  disease caused by pathogenic microorganisms,  such as bacteria,  viruses, parasites or fungi that can be spread, directly or indirectly, from one person to another as specified in

section46.                                                                                                             10

"isolated" means the segregation,  and the separation from and interdiction  of communication  with others, of persons Vho are or are suspected of being infected;

"land "includes any right over or ln respect of land;

''local authority"1neans-

15
(a)      a municipal council or tmvn council; or

(b)      'my-

(i)        a local board; or

(ii)       a rural district counciL or

(iii)     any other body or authority;

20
"Director  health  services"  means  any health  officer  appointed  by the local 25

'1nternational Health Regu1ations ''means the International Health Regulations adopted by the Fifty eighth World Health Assembly at Geneva on the 15th June, 2007, to which the State is a party and any amendment  thereto to which the State becomes a party; authority to head health services designated in terms of subsection (2) to

be a local authority for the purposes of this Act;

"medical observation,.means the segregation  and detention of persons lmder medical supervision;

"medical  officer of health" means any medical officer of health appointed by 30 a local authority;

"medical practitioner ''n1eans a person 'vho is registered as such tmder any law relating to the registration of medical practitioners; ''medical surveillance "means the keeping of a person undennedical supervision. Persons under such surveillance  may be required by the local authority  35

or any other duly authorised officer to remain within a specified area or

to attend for 1nedical examination  at specified places and titnes;

"Minister''means the Niinister responsible for health or any other Minister to vvhom the President may, from time to time, assign the adininistration of tis

"national health officer" means a person appointed to be a national health officer in terms of section 8;

"non-communicable disease ''means a disease which is not contagious or passed from person to person;

"notifiable",  in relation to any disease, 1neans required  to be notified to any 45 person or authority in terms lf thls Act;

"occupier",  in relation to any premises, 1neans-

 

  • any person in actual occupation of those premises; or
  • any person legally entitled to occupy those premises; or
  • any person having the charge or management of those premises; and includes the agent of any such person when he or she is absent from Zimbabw'e or his whereabouts are tmkno n. In the case of premises used as a school, the expression "occupier"includes the principal or person in charge of the school;

"owner", in relation to any premises, means-

(a)   the person in 'vhose nalne the title to those premises is registered,

10                                        and includes the holder of the stand licence; or

(b)   if such a person or holder is dead, insolvent, mentally disordered or defective or a minor or under any legal disability, the person in whom the adminisbationofthatperson's or holder's estate is vested, vvhether

as executor, guardian or in allY other capacity Vhatsoever: or

15 (c)   if the pre1nises are tmder lease,  the registTation whereof is in law necessa:ty for the validity of such lease, the lessee;

when an owner as herein defined is absent from Zimbabwe or his or her whereabouts are unknoW11, the expression;

"owner" includes an agent of such owner or any person receiving or entitled

20            to receive rent in respect of the premises;

"premises" mea:t1s a:tly building  or tent, together  with the land on which the same is situated and the adjoining land used in connection therewith, and includes allY vehicle, conveyalice, ship or boat;

"public building"means-

25                           (a)   <.my church, cha.pel, meeting-house or premises used for divine worship;

  • any theatre, opera-house, hall, exhibition buildings or premises open to members of the public, whether with or without payment;
  • any hotel or boarding-house, or lodging-house in which five pel OilS or more, exclusive of members of the falnily or the servants of the

30                  owner or occupier, may obtain meals or sleeping accommodation

for payment;

(d)   any hospital,  school  or institution,  in which five persons or more are or are intended to be gathered at one tilne;

"public health" means the science  and alt of disease prevention,  prolonging

35 life  and  promoting health  and  wellbeing through organised efforts and  informed choices  of society,  state  and  non-state organisations, comnnmities  and incli viduals for the sanitation  of the enviromnent,  the control of comn1unicable diseases  and non-commtmicable disea.,;;es, the organisation  of health services  for the early diagnosis,  prevention  and

40 1nanagement of disease, the education  of individuals  in personal health and the development  of the social  machinery  to ensure everyone   has

living conditions adequate for the tnaintenance or improvement of health;

"public health risk"means-

(a)   an auimal, structure, substance or other thing or conduct that-

45 (i)   is, or is likely to become, a breeding ground or source of food for designated pests; or

(ii)   harbours,  or is likely  to become  something  that  harbours, designated pests;

or

  • any substance that is, or is likely to be, hazardous to human health; or
  • that contributes to,  or is likely  to contribute to communicable or noncommunicable disease in  hmnans or the  transmission of  an infectious
condition to humans;

"rateable property'', in  relation to a local  authority, means  property which nnder  any  enactment is liable  to  be assessed by the local  authority for any general  rate leviable by it;

''nrral district'', ln relation to a rural local authority,  means any area outside  an

5
urbau district  which is under the jwisdiction of that rural local authority,

and "rural  area"has a corresponding meaning;

''sanitary convenience "n1eans any-

(a)    latrine, urinal, water-closet, aqua-privy, earth-closet, pit-closet, borehole-latrine or chemical-closet; or

10
(b)    other device  approved by  an enviromnental health  officer;  vvhich is  being,  has  been  or is intended to be  u.-;ed for  the  disposal  of

human  waste;

"Secretary"means the Permanent Secretary of the Ministry;

"school'' means  <.my  public  or private establishment for  creches,   nursedes,

15
early  childhood development centres,  primary or secondary or higher

education, and includes a hostel  or boarding-house kept for housing the pupils at any such establishment, and includes a Sunday  school;

''school ''means a pre-school, primary school  or secondary school;

"hostel'', in relation to a school,  means any  building  used  for  the  boarding

20
accommodation of pupils  or students attending such school;

''sexually  transmitted disease "means any infectious and comn1unicable disease that is nonnally transmitted through sexual  intercourse and includes but is not limited  to-

(a)    chancroid;

25
(b)         chlamydia;

(c)         gonorrhea;

(d)         gnmuloma inguiuale;

(e)         syphilis;

(f)          candidiasis:

30
(g)       viral hepatitis;

(h)       herpes simplex;

(i)        human immunodeficiency virus;

(j)        hU111ao papillomavincs;

(k)       molluscum contagiosmn;

35
(I)   scabies;

 

(m)    trichomoniasis;

"trade premises ''1neans any premises used or intended to be used for c:.m·ying on any trade or business;

"urban  district", in relation to an urban local  authority,  1neans the area under

40
the  jurisdiction of that  urban  local  authority, and  "urbao area" has  a

corresponding 1neaning;

45

 

"zoonotic  disease" means  any infectious  disease  of anitnals  that can cause disease when transmitted to humans.

                                                                 (2) With the approval of the appropriate Iviiirister, the Minister may by statutory

instrument designate a mral district council or local board or any other body or authority

to be a local authority for the purposes of this Act, and-

  • may, in the case of a rural district council, declare a greater or lesser area than the council area to be a district in relation to such rural district council;
  • shall, in relation to such other body or authority, specify the area which shall be a district in relation to such body or authority.

 

10                                                                         PART[]

 

AD11IN1STRITION OF THE PuBLIC HEALTH  SYSTEM

 

Sub-Part A: Natimwl  health system administration

 

3 Ministry Responsible for public  health

 

(1) The Ministry shall be under the control of the Iviinister,

 

15                       (2) The functions of the Ministry shall, subject to this Act be-

  • to protect, promote, improve and maintain the health of the population: and
  • to detennine the policies and measures necessary  to protect,  promote, improve and maintain the health and well-being of the population: and

20 (c) to take measures to implement and monitor implementation of Zimbabwe's inten1ational obligations and com1nitments in the field of health; and

  • to equitably prioritise and allocate resources to the health services  that the State can provide; and
  • to enhance collaboration among   state and  non-state actors and

25                             communities;  and

(i)  to inform educate and empower the population about health issues; and

  • to take measures for the prevention, limitation or suppression of infectious, communicable and non-communicable diseases within Zimbabwe;  and
  • to advise and assist local authorities in regard to matters affecting public

30             health: and

(i)       to, within the limits of available resources, endeavour to-

(i)  ensure the provision of appropriate essential health services and functions, hich rrmst at least include primary health care services, to tbe population;

35 (ii)   prevent and guard against the introduction  of disease from outside the Zimbabwean  borders;

(iii)   promote or cany  out researches  and investigations in connection with the prevention or treatment of human diseases;

and

40                    (j)     to provide for a competent public health workforce;  and

(k)    to mobilise and allocate adequate funding and other resources from public and pri vale sources to accomplish the objects of this Act: and

(!) to prepare and publish rep01ts and statistics or other information relative to the public health; and

  • to, with other state authorities, enforce laws and regulations that protect public health and safety; and
  • to administer the provisions of this Act.

 

 

4  Advisory Board of Public Health

 

  • The Advisory Board  of Public  Health,  established by section  4 of the        5

Public Health Act, [Chapter  15:09] shall continue in existence under this Act subject

to amendments  tnade under this Act.

  • The Advisory Board  of Public  Health  shall  consist  of the following

members,  who shall  be appointed  by the Minister and  who shall,  subject  to any

regulations  hich may be made rmder subsection (11), hold office for three years and    10

who shall be eligible for reappointment  for only one more tenn-

  • a chairperson, who shall  not be a medical  practitioner  and who  shall

preside at meetings of the Board;

  • a deputy chairperson, who shall not be a medical practitioner  and who

shall preside at meetings of the Board in the absence of the chairperson;     15

  • one member,  who  shall  be a medical  practitioner, to represent the

Zimbabv,re _Medical Association;

  • one member to represent local authorities;
  • one member to represent bodies who perform  the functions  of medical

aid societies;                                                                                                         20

  • one member, who shall be a medical practitioner, to represent missionary

bodies carrying  out activities in the field of public health;

  • one member, who shall be a registered  nurse or mid- ife, to represent

the Zimbabwe  Nurses Association;

  • one member, who shall be a dental practitioner, to represent the Dental      25

Association  of Zimbabwe;

  • one member, who shall be a registered pharmaceutical chemist, to represent

the Pharmaceutical Society of Zimbabwe;

(i)       one  member  to represent  the  Zimbabwe Red  Cross.  the  Saint  John

Ambulance  Association,  the Saint John Ambulance  Brigade  and other    30

similar bodies;

(k)    one member to represent trade unions;

(1)     one member  to represent  the women's  voluntary  associations  carrying

out activities in the field of public health;

  • one member to represent allied health practitioners as ddined in section     35

32 ofthe Health Professions Act [Chapter  27:19];

  • one member to represent veterinary public health professionals as ddined

in the Veterinary Surgeons Act [Chapter  27:15];

  • one member to represent  environmental  health  practitioners    or other

similar personnel working in the field of en.rironmental health;                   40

  • one member to represent laboratorv practitioners as defmed in the Health

Professions Act [Chapter  27:19];

  • one member to represent traditional health practitioners;
  • one member to represent the business community;
  • one member to represent people with disability;             45

 

  • such additional members, not exceeding t:vo, as the 1.i1inister may appoint to represent non-state  institutions,  mity members  and users of public health services;  and
  • a legal practitioner  registered  in terms  of the Legal  Practitioners Act [Chapter 27:07J;
  • such additional members, not exceeding two, as the :tvtinlster may appoint to represent Goverrnnent :Ministries dealing with matters related to public health:

                                                                           Provided that the nister,

10        there is a bahmce in representation between men and wmnen.

 

  • The chairperson and deputy chairperson shall be of opposite genders.

 

  • Before making an appointment in tenus of subsection (1) the Iviinister may.

in his or her discretion. call upon a body which. whether itself or in conjtmction with other bodies, is entitled to be represented in te1ms of that subsection, to nominate such

15      nwnber of persons as the,finister available for appointment  as members of the Board:

 

Provided that the Iviinister may. where he or she has called for nominations in terms of this subsection in respect of any appointment to the Board and no nominations have beentnade in respect of such appointment  within such period as he or she tnay

20 determine 'vhen calling for such nomina.tions, appoint any person to be a me1nber of the Board Vhether or not, in his or her opinion, the person so appointed is able to represent the views of the body whose nominations  were called for.

 

  • On the expiry of the period for which an appointed member has been appointed to the Board. he or she shall continue to hold office until he or she has been 25 re-appointed or his or her successor has been appointed:

 

Provided that a member shall not continue to bold office in tem1s of this subsection for n10re than six months.

  • A member may vacate his or her office and his or her office shall become vacant upon his or her-

30                    (a)     death; and

  • resignation bv notice to the Minister; and
  • separation from the organisation or constituency he or she represents on the board.
  • Whenever a vacancy arises on the Board. the Ivlinister may appoint a person 35 to fill the vacancy in accordance Mth the provisions of subsection (l):

 

Provided that a person appointed in term.":: of this subsection may be appointed to hold office for such period, being less than three years, as the :rvfinister may detennine.

  • The functions of the Advisory Board on Public Health shall be to-

(a)      advise the }Ainister on all matters relating to public health in Zimbabwe;

40                      (b)    identify priorities for public health;

  • review progress on all matters of public health;
  • carry out or commission assessments and research;
  • review and provide input on laws, regulations and codes of practice on public health; and

45                        (f)  host the Annual National Health consultative Forum;

(9) The  Board  shall  hold  an Annual  National  Health  Consultative Forum bringing together public and private stakeholders to promote and facilitate interaction, communication and the sharing ofinfmmation on national health issues and pe1forrnance of the health system.

(l0) The Board or any committee thereof shall have the power to conduct an 5 inquiry into any matter relating to public health refe1red to the Board by the l'vfinister and, for that purpose, the powers, rights 'md privileges of the Board or its committees shall  be the same  as those  conferred  upon  commissioners  by the Commissions  of Inquiry Act  [Ciwpter   /0:07], other than the power to order a person to be detained in custody, and sections  9 to 13 and 15 to 19 of that Act shall apply, with necessary      10

changes, in relation to the conducting of such an inquiry and to any person summoned to give evidence, or giving evidence,  before the Board or <.my of its committees and, in addition, the members of the Board and its committees  shall be deemed to be persons authorised  by the fvfinister in tenns of the Act.

(ll) It shall be the duty of the Board, either by itself or by a committee thereof,  15

to make a full, faithful and impartial inquiry into any matter refen·ed to it in terms of subsection ( ll) and the Board shall make recommendations to the Minister in accordance

with the findings of the inquiry.

 

(12) The Miuister may make such regulations as he or she may deem expedient to give force  and effect to the provisions  of this section  and such regulations  may      20 provide for all or any of the following matters-

(a)       the procedure ofthe Board, the convening of its meetings and the quorum thereof;

(b)      the  establishment of committees of the Board,  their  procedure and

 
functions  and the manner in which persons  Vith special knowledge  or skill may be co-opted to serve on such committees;

(c) the allmvances payable to members of the Board and of its committees.

 

(13) The Miuister may appoint a person, who may be an officer in the Public Service, to be legal adviser to the Board.

 

25
(14)   The Board may co-opt  any person to attend its meetings  and a person

co-opted shall participate  at the deliberations  of the Board  but shall have no vote.

 

(15)   T11e First Schedule applies to the qualifications of memberof the Board,

their terms and conditions of office. vacation of office, suspension  and dismissal, and the procedure to be followed by the Board at its meetings.

30
(16) The Second Schedule applies to the ancillary powers of the Board. 35

 

5  Annual National Health Consultative Forum

 

  • Pursuant to section 4(9) the Board shall 'mnually, on a date and at a venue to be notified not less than three months beforehand in the Gazette, organise, convene and host an Annual National Health Consultative Forum to discuss any issue or issues

of concen1.                                                                                                                                 40

 

  • The notice of intention  to organise,  convene  and host the Fonun  shall include the following-
    • the proposed venue or venues  and the proposed  date or dates for the Fonun;   and
    • the proposed agenda for the forum; and          45
    • an invitation to relevant  stakeholder  organisations and  other  persons interested in public health issues to submit-

 

 

  • suggestions for topics to be included in the agenda  for discussion at the Fonun;  and
  • lists of proposed particip,mts at  the  Fonun, specifying for  each proposed  participant what credentials he or she possesses has that

5                                            may be of bene1it to the Forum's deliberations.

 

(3)  The Secreta:tiat of the Board shall have the following tenus of reference- (a)  to draw up a proposed agenda  for the Fonnn;  and

(b)  to  advise the  Board on  the  financial, organisational and  logistical requirements for convening and hosting  the Fonun;  and

10 (c)     to solicit  financial  support  or sponsorship frmn  the State, the private  and parastatal sectors  and civil society organisations to enable the forum  to be convened.

 

(4)  After publishing a notice in tetms  of subsection (1) the Secreta:tiat shall-

(a)        draw up a proposed final agenda for the Forum:   and

15 (b)    select  from  the lists  referred to in subsection (2)(c)(ii) a proposed final list of participants at the Forum;   and

(c)     transmit its proposals made  under  paragrapha (a) and (b) to the Board, whose  decision on these issues  shall  be final.

 

 

6  Conduct of Annual National Health Consultative Forum

 

20 (l) For  the  purpose of conducting an Annual  National Health  Consultative Forum the Secreta:tiat of the Board  shall have the following terms  of reference-

  • to ensure the smooth and efficient  conduct of the Forum;   and
  • to keep minutes of or record the proceedings of the Forum,  or to cause the proceedings of the Forum  to be 1ninuted  or recorded.

 

25  (2) The conclusions of every Annual  National  Health Consultative Forum shall be e1nbodied in written resolutions for presentation to the Board  and the :rv:linister.

 

 

7  Chief  Health Officer

 

(I) The Permanent Secretary in the Ministry responsible for health shall be the Chief Health Officer.

 

30  (2) No person shall be eligible for appoinhnent as the Pennanent Secretary for health  unless  he or she-

( a)  is fully  qualified for regish·ation  as a medical practitioner in terms of the

                                                                                          Health Professions Act  [Chapter 27:19];  and

(b)    possesses a post graduate qualification in public  health.

 

35 (3) It shall  be the responsibility of the Chief Health Officer  to- (a)  prepare  strategic plans for the 1Jlnistry annually; and

  • ensure the implementation of the national health  policy  at the national

level; and

  • liaise with  health  authorities in  other  countries and  with  international

40                             bodies;  and

 

  • issue and promote adherence to norms and standards on health  matters; and
  • promote adherence  to norms  and standards  for the training  of human resources for health; and
  • identify national health goals and priorities and monitor the progress of their implementation; and
  • co-ordinate health and rnedical services during public health emergencies; and 5
  • participate in inter-sectorial and inter-ministerial collaboration;  and
  • promote health and healthy lifestyles; and

(1) promote community participation in the planning, provision and evaluation and management of health services.

 

8  National health officers and assistant National health officers                      10

 

  • There shall be as many national  health officers as may be determined  by the Health Service Board, after consulting the Minister:

 

Provided that no person may be appointed  as a national health officer unless he or she is a practitioner  registered  by any of the councils established  by the Health Professions

Act [Chapter 27:19].                                                                                                                    15

 

  • There shall  be  as many  assistant national  health  officers  as may  be detennined by the  Health Service Board, after consulting the IVlinister:

                                                                   Provided that no person may be appointed as an assistant national health officer

unless he or she is a practitioner  registered by any of the cormcils established  by the

Health Professions Act [Chapter 27:19].                                                                                   20

 

  • Every National health officer and assistant  national health officer of the IVlinistry may, with the authority and on behalf of the Chief Health Officer, discharge any of the duties or functions  of the Chief Health Officer.

 (4)Any duties imposed or powers conferred by this Act on Govennnentrnedical officers may be canied out or exercised by the Chief Health Officer or any National  25

health officer of the Ministry.

(S)There shall be other National officers of Health such as national pathologists and other officers as may be necessary for the purposes of this Act whose offices shall be public oflices aud form part of the Health Service.

 

Sub-Part B: Provincial health system administration                                 30

 

9  Provincial Health Administration

 

(I) There shall be, for every province,  a Provincial Health Officer appointed by the Health Service Board.

  • No person shall be eligible for appointment as a Provincial Health Officer

mlless he or she-                                                                                                                          35

(a) is fully qualified for registration  as a medical practitioner in terms of the

Health Professions Act [Chapter  27:19]; and (b)    possesses a post graduate qualification in public health.

 

  • 'Ihe Provincial Health Officer functions shall be as follows-

 

  • prepare strategic plans in confon11ity Vith the national health policy for 40 the province annually; and
  • work in collaboration Vith the Provincial Council; and
  • plan and manage the provincial health information system; and

 

  • participate in interprovincial and  inter-sectoral co-ordination and collaboration;  and
  • co-ordinate and rnonitor health services during public health ernergencies affecting the province; and

5 (f)    consult :vith communities  in the province regarding health rnatters; and (g)    control the quality of health services and facilities in the province; and

(h)    promote community participation in the planning, prm.rision and e.raluation of health services in the province.

 

1o Other officers at provincial level

10  The Health Service Board shall appoint the follmving officers for every province who together with the Provincial Health Officer shall constitute the Provincial Health

Executive the-

  • Provincial Epidemiology  and Disease Control Officer; and
  • Provincial Environmental Health officer; and

15                    (c)     Provincial  Nursing Officer; and

  • Provincial Health Services Administrator; and
  • Provincial Accountant; and

(i)  Provincial Family and Child Health Officer; and

(g)    Provincial Pharmacist;  and

20                            (h)    Provincial Nutritionist; and

  • Provincial Health Promotion officer; and
  • Provincial Laboratory Scientist; and any other provincial health officer as may be deemed necessary.

 

 

11 Provincial or Metropolitan Health Team

 

25  (1) A Team to be known as the Provincial  or Metropolitan  Health Team must be established in every province.

 (2)The Provincial or Metropolitan  Health Team shall consist of the following persons-

(a) the Provincial Healtb Officer; and

30 (b)    all members  of the Provincial   Health Executive  appointed  in terms of section 10: and

  • the chairperson and in charge ofthe provincial hospital; and
  • all district health executives ofthe province; and
  • a nominee of every teaching hospital or college of medicine operating in

35                              the province; and

  • a nominee of every religious body sponsoring a mission hospital; and
  • nominees of civ·il society organisations operating in the province, as the

Provincial health Off1cer may determine; and

  • one representative frorn each local authority in the province; and

40 (i) any other persons deemed necessary  by the provincial Health Officer: whose costs shall be bon1e from the organisation frmn which the officers come from.

  • Functions of the Provincial and Metropolitan Health Team

 

(1) The Provincial  or Metropolitan  Health Team must advise the Provincial health officer on-

(a) policy  concerning any  matter  that  will  protect,  promote, irnprove and maintain  the good  health  of the population  within  the province,  5 including-

  • responsibilities for health within the province by individuals,  the public and pri.rate sector;
  • targets, priorities, norms and standards  with the province relating to the equitable prm.rision and financing of health services;  10
  • efficient co-ordination of health services  Vithin the province  and neighbouring  rinces;
  • human resources planning,  production,  management and development;
  • development, procurement and use of health technology within the               15 provmce;
  • equitable fmancial mechanisms  for the funding  of health services within the province;
  • the design and implementation of programmes within the province to

prm.ride for effecti.re referral of users between health establishments  20 or health care providers to enable integration  of public and private health establishments;

  • financial and other  assistance received by the  province from foreign  governments  and intergovernmental  or nongovernmental

organisations:                                                                                              25

Provided that all such financial assistance must be received through the l'vfinistry accounting officer;

  • the conditions applicable to receiving  such  assistance and  the mechanisms which :vill come frorn the Ministry accounting officer;
  • ensuring compliance with these conditions;       30
  • epiderniological surveillance  and monitoring  of prm.rincial trends with regard to major diseases and risk factors for disease; (b)     proposed legislation  relating  to health matters  vvhen it is introduced  to Parlimnent;

(c) nom1s and standard'for tbe establishment  of health institutions.                     35

 

  • 'Ihe Provincial Health Officer shall detennine the procedure on meetings, based on guidelines to be given by the Chief Health officer.
  • All members must ensure they attend all meetings whenever they are called unless good cause shown as to why m1y tnetnbers cmnmt attend.

 

Sub Part C: District Health system Administration                                   40

 

  • District health officer

 

(l) There shall be for every district, a District health officer appointed by the Health Service Board.

 

(2) No person shall be eligible for appointment as a Dishict health officer unless

m -

 

 

 

  • is fully qualified for registration as a medical practitioner in tenns of the Health Professions Act [Chapter 27:19];and
  • possesses a post graduate qualification in public health.

 

 

  • Functions of District health officer

 

5                  The district health officer must-

  • prepare strategic plans in conformity with the national health policy for the District annually;
  • work in collaboration with the District Health Team;
  • plan and manage the District health information system(DHIS);

10                              (d)   participate in  inter  District and  inter-sectorial  co-ordination  and collaboration;

  • co-ordinate and rnonitor health services during public health ernergencies affecting the District;
  • consult :vith communities in the District regarding health matters;

15                      (g)    control the quality of health services and facilities in the district;

(h)   promote community participation in the planning, prm.rision and e.raluation of health services in the District;

 

 

15 Other  officers at district level

The Health Service Board shall appoint the following officers for every District

20             together  with the District  Health  Officer  who shall  constitute  the District  Health

Executive-

  • Government Medical Officer;
  • District Environmental Health officer;
  • District Nursing Officer;

25                             (d)    District Health Services Administrator;

(e) District Accountant;

(i)  District Pharmacist;

  • District Nutritionist;
  • the District Health Promotion Officer; 30 (i)  the District Lab Scientist:
  • the Hospital Matron; and
  • any other District health officer as deemed necessary.

 

 

16  District Health Team

 

(1) A team to be known as the District Health Team must be established  in 35       every district.

(a)        The District Health Team shall consist of-

  • the District Health officer; and
  • all members ofthe District Health Executive appointed in terms of section 15;

40                               (iii)   the chairperson ofthe Community Health Council and in charge of

the district hospital;

  • all EHT's and nurses in charge of rural health centre;
  • a nominee of every religious body sponsoring a mission hospital;
  • nominees of ci.ril society organizations operating in the province, as the District medical officer may determine;
  • one representative from the relevant local authorit y. 5

 

(2) The Dishict  Health Team functions shall be to-

  • advise the District medical officer in coming up with mechanisms for the involvement of communities in health at all levels of the health system;
  • raise awareness and identify needs and priorities for health;
  • act as a communication and information channel between conn11tmities 10 and health systems;
  • mobilize, plan and monitor resource allocations for health;
  • mobilize community and social actions for health;
  • hold providers accountable for services;
  • support enforcement of public health laws and standards.           15

 

  • Health Centre committee

 

  • Every rural health centre, shall establish a health centre committee which shall include representatives  of health Vorkers and representatives  of the communities in which they operate.
  • 'Ihe functions of the health centre committees  shall be to-            20

( a) inform, educate and empm:ver mernbers of the cornm1.mity on health matters;

  • use information gathered  from  the communities  to plan, monitor  and evaluate health programrnes;
  • coordinate health programmes in the area serviced by the health centre;
  • represent comm1.mities and their interests before relevant authorities;    25
  • support local health   care  planning activities,  including resource mobilisation;
  • support local community based workers in health; (g)    perform such other functions  and duties as the Minister rnay assign.

 

  • Local Authorities in rural areas 30

 

  • Where no local  authority  exists for  the  whole or part of a district,  the dishict  administrator,  acting <mder the instructions  of the Chief Health Officer shall be regarded for the purposes of this Act, as the local authority for that area and 1nay,

subject to subsection (2), exercise any po ers Vhich a local authority may exercise in

te1ms of this Act.                                                                                                                          35

  • A distdct administrator  acting in terms of subsection (1)  may not- (a) make any permanent appointrnent; or

(b)    incur any capital expenditure; without the express approval of the l'vfinister.

 

  • Local authorities to appoint Director  health services    40
    • Every local authority shall when required by the l'viinister, after consultation ith the appropriate Minister. appoint a health practitioner as Director health services to the local authority, whose appointment shall be subject to the approval of the 1 inister.

 

 

  • In the making of such  appointment,  preference  shall  be given,  except in special circumstances in particular cases, to health practitioners holding degrees, diplmnas  or certificates in public health or state medicine  granted after examination and registrable in Zimbab e as well as in the country here they were obtained.

 

 

5      20      Duties of Director health services

Every  Director health  services shall  keep  himself  or herself  informed as to the public  health  and sanitary circumstances of his or her district, and shall make such inspections and inquiries as 1nay be necessary for this purpose.  In addition, he or she shall  furnish  the local  authority Vlth all information in respect  of such

10 inspections and inquiries, and shall also furnish to the Chief Health  Officer special reports,  when required, relating to the public  health  or sanitation and hygiene  of his or her district.

 

 

21 Government medical officers to be Director health services  in rural districts

15                 In any area Vhere no Director health services has been appointed. a Government medical officer designated by the Chief Health Officer by statutory instrument shall be the Director health services for the area specified in such statutory instrument and shall carry out the duties imposed by section 20 on a Director health services, furnishing the infonnation referred to in that section to the Chief Health Officer.

 

 

20    22        Local authorities to appoint  environmental health officers

Every local authority may, 'md when required by the Minister, after consultation with the appropriate  Minister, shall appoint environmental  health officers to assist in carrying out the provisions of this Act within its disblct,  who shall be subject to the supervision  of the Director health services.

 

 

25       23 Removal of Director health services and environmental health officers

No Director health services or environmental health officer appointed by a local authority may, except Mth his or her own consent, or in confonnit)'  with any enactment relating to retiretnent on account of age or ill-health,  or contract govenring his or her appointment,  be removed from office, or have his or her salary or his or her emolmnents 30 reduced,  without the sanction of the Minister first being obtained:

 

Provided that it shall be competent for a local authority to suspend a Director health services or environmental  health officer for incapacity, neglect or misconduct, pending the s<.mction of the :rvlinister to dismiss and in the event of such sanction being granted, the said Director health services or environmental health officer shall be deemed 35 to have been renuwed from office from the date of such suE;pension.

 

 

24 Local authorities failing to  appoint Director health services or environmental health officer

 

(l) If  any  local  authority fails  to  appoint  a Director health  services or enviromnental  health officer within six months  after being required  to do so by the

40 :rvlinister, the Mnister 1nay appoint a Director health services or enviromnental  health officer, as the case may be, to the local authority, and may fix the remuneration to be paid by the local authority to such officer or enviromnental  health  officer and may, in case of default of payment of such remuneration by the local authority, direct that the same be paid out of the Consolidated Revenue Fund, and that the amount be recovered

by deduction fi"om any subsidy or other moneys payable out of the said fund to such local authmity.

 

(2) Where the IVlinister appoints, in terms of subsection (1), a civil servant to be Director health services  or environmental  health officer, as the case may be, to a  
local authmity, he or she may-

(a)       fix the remuneration to be paid to the officer in respect of such appointment;

(b)      in the case  of default  of pavment  of such  remuneration by the local authority,  direct  that the amount  be recovered  by reduction  from  any subsidy or other moneys payable out of the Consolidated  Revenue Fund

s
to such local authority.

 

 

25      Combined appointments

(l) Subject to subsection (2), nothing in this or any other Act contained shall

be constnled  as precluding any person frmn holding at the same time an appointlnent as-

10
(a)       Government medical officer and Director health services to one or more  local authorities; or

(b)      Director health services to two or more local authorities;  or (c) Environmental health officer for the State and one or more local authorities.

 

(2) Despite subsection (I), no person shall hold any combination of appointments

15
refen·ed to in subsection (l)(a), (b) or (c) for more than tln·ee years without relinquishing  any appointment that cam;es him or her to hoi d more than a single appointment.

 

 

26 Duties of local authorities

 

Every  local  authority  shall  take all ia>Vful and necessary  precautions  for the prevention  of the occurrence,  or for dealing  with the outbreak  or prevalence,  of any

20
infectious  or communicable  diseases,  and shall exercise the pmvers and perform the duties conferred. or imposed on it by this Act or by any other enactment. 25

 

 

  • Defaulting local authorities

 

  • Whenever upon the report of the Chief Health  Officer it appears to the Minister that the public health of any locality is in danger, by the failure or refusal on the part of any local authority to exercise the powers or perform the duties devolving  30 upon it under any enactment, or to take the lm-vful and necessary steps to obtain pm.vers to implement by-la-vs or regulations to ave11the d...mger, the11nister

an inquiry to be held, at which the local authority shall have an opportunity  of being heard, call upon the local authority forthwith to exercise any such p(nvers or to perform properly any such duties to avert any danger and if the local authority fails to comply, 35

the :rvlinister 1nay exercise such powers or pe1forrn such duties, and 1nay authorize any person to take all necessary steps for that purpose in the same manner as if he or she

were the local authority.

 

  • Any expenditure incurred by  the  State  under  subsection (l)  may  be

recovered-                                                                                                                                    40

  • by action in a competent court against the local authority in default; or
  • by levying a special rate upon all rateable property within the district of the local authority in default; or

 

  • by deduction from any subsidy, grant or other moneys  payable by the

State to the local authority in default; or (d)    by all three or any two such methods of recovery.

 

 

  • Public Health Human Resources

 

5  (1) The lvfinister shall develop policies and guidelines for, and to monitor the provision,  distribution,  development  and utilization  of, human resources  within the public health system,

 

(2) The policies and !,>uidelines contemplated in subsection  (l) must among other things facilitate and advance-

10                       (a) the adequate distribution of hnman resources:

  • the provision of appropriately trained staff at all levels of the public health system to meet the population's health care needs; and
  • the effective and efficient utilisation, functioning, management and support of htunan resources Vithin the public health system:

 

15       29 Regulations Relating to Human Resources

 

(1) The1inister public health system in order to-

(a)     ensure that adequate resources are available for the education and training of health care persormel to meet the human resources requ.ire1nents of the

20            public health system:

  • ensure the education and training of health care persmmel to meet the requirements of the public health system;
  • create ne categories of health care persormel to be educated or trained; (d) subject to the Education Act [Chapter 25:04] and legislation relating to

25 higher and tertiary education, identify shmtages of key skills, expertise and competencies  within the public health system and to prescribe strategies for the-

  • recruitment of health care personnel from other countries; and
  • education and training  of health  practitioners  or health  workers 30 to make  up the deficit in respect  of scarce  skills,  expertise  and cmnpetencies;
  • prescribe strategies for  the recruitment and  retention  of health  care persom1el within the public health system;
  • "::ure the existence of adequate htunan resources planning, development

35  and management struchlTes at public, provincial and district levels of the public health systems;

(g)    ensure the availability  of institutional  capacity at public, provincial and district levels of the public health system to piau for, develop aud nnmage provision of health care services;

40 (h)    ensm'e the definition 'md clarification  of the roles and ftmctions  of the authorities  at national, provincial and local levels with regard to the planning, production  and management of human resources;

(i)    subject to the hnmigrationAct [Chapter 4:02], determine the circumstances nnder which health care personnel may be recruited from other countries

45                              to provide health services,

PART III

 

HEALTH  SERVICES

 

  • The obligation to report on implementation on rights in public health

 

The  Minister must  report  to  Parliament annually on  progress made  on

ilnpletnentation of the rights in relation to public health set out in the Constitution.            5

 

  • Principles of public health and practice

 

  • Subject to this Act, the following principles must guide public health policy

and practice-

  • respect for human rights and adherence to both rights and responsibilities;
  • promotion of justice, equity and gender equity;                10
  • protection of the best interests of vulnerable groups of minors;
  • promotion of health and of access to the social determinants of health as

central to development;

  • transparency, accmmtability and sustainability;
  • precaution and protection of public health when there is uncertainty  or      15

incomplete infonnation about a public health  risk;

  • prmnotion of partnership between state  and  non-state actors   and

cormnmllty;

  • ethical conduct of health service provider ;
  • community participation    role in decision.":  and actions affecting  their                20

health;

  • recognition, respect and promotion of  indigenous and  traditional

knowledge, practices and systetns;

  • promotion of access to information and education for public health; and

(I)      respect for international  commitments in public health.                                 25

 

  • The public  health  principles of public  health  management set  out in

subsection (l) shall-

  • serve as the general framework within which plans for the management

of public health shall be fonnulated;

  • serve as guidelines for the exercise  of any function  concerning  public     30

health management  in tenus of this Act or any other enacbnent.

 

  • Duty to avoid harm to public health
    • Every person has the duty to avoid harm to public health, that is to say-

(a)       every person has the duty to-

  • exercise due diligence and take reasonable precautions under their              35

control to avoid, control or mitigate a public health risk; and

  • provide public information on any harmful effects to health of any

 

                                                                      products he or she is promoting; and

('iii'•  report a suspected health risk to the relevant health authority as soon

as he or she becomes aware of it; and                                                      40

(iv)   actively promote compliance with this Act, its regulations and related

codes of practice, guidelines or administrative  orders.

 

  • The lvfinister may, by statutory instrument, specify-
  • events, occurrences or things that constitute public health risks;
  • the measures for application ofthe duty to avoid harm;
  • the projects and activities which require a health impact assessment to

5                                 be  conducted prior to licensing or implementation;

  • the procedure for conducting the health impact assessment;
  • the contents of a health irnpact assessment report;
  • the issue and registration of development certificates;
  • otiences and penalties in relation to health impact assessments;

10 (h)    the time period within which any person who has acted in violation  of this section must rernedy the hann he or she has caused;

(i)     any other matter related to the foregoing.

(3) In the exercise of his or her pm.vers in terms of this section,  the :rvlinister must act in consultation  ith  the J-linister responsible  for environmental  matters on

15 co-ordination  Mth  environmental  impact  assessments  as set out in   Part XI of the Enviromnental Management Act [Chapter 20:27], and may consult any other relevant authority or person.

 

33 Emergency treatment

 

(1) No health practitioner, health practitioner in charge of a health institution,

20    health worker or health establish1nent shall refuE;e a person emergency medical treatment

 

(2) Where a health facility realises a patient seeking medical services appears to be having a contagious infection such institution tnust ellSUTe such person is placed in an isolation  facility  Mthin  the institution  <.md must forthwith  inform  the relev<.mt authorities  where it is a case of public concern.

 

25  (3) Where a person receives treatment pursuant to subsection (1) such health institution  must take necessary measures to ensure the patient settles their b111.

 

(4) Any health practitioner,  health practitioner in charge and institution  who fails to comply with subsection (1) shall be guilty oLm offence 'md liable to a fine not exceeding level eight or imprisonment  not exceeding one year or both such fine and 30       such ilnprisomnent.

 

34 User to have full knowledge of services  available

 

(1) Every health practitioner shall inform a user of-

(a) the user's health status except in circumstances where there is substantial evidence that the disclosure of the user's health status would be contrary

35                              to the best interests of the user;

  • the range of  diagnostic procedures and  treatment options  generally available to the user;
  • the benefits, risks, costs and consequences generally associated with each option; and

40 (d)    the user's  right to refuse health services  and explain  the implications, risks, obligations of such refusal.

 

  • The health practitioner concemed shall, where possible, inf01m the user as contetnplated in subsection (1) in a language that the user tmderstands and in a mam1er which takes into account the u<:>er's level of literacy.
  • Any health practitioner who fails to comply with subsection  (1) shall be guilty of an offence and liable to a fine not exceeding level eight or imprisonment  not exceeding one year or both such fine and such imprisonment

 

  • Consent of user

 

(l) For the pmposes of this section "informed consent "means consent fm·the       5

provision of a specified health service given by a person with legal capacity to do so

and who has been informed as contemplated in section 34.

(2)Ahealth service shall not be provided to a user without the user's infonned

consent unless-

  • the user is unable to give informed consent and such consent is given by 10

a person mandated by the user in writing to grant consent on his or her

behalf or authorised  to give such consent in terms of any law or court

order;

  • the user is unable to give informed consent and no person is mandated or

authorised to give such consent, and the consent is given by the spouse or   15

partner of the user or, in the absence of such spouse or partner, a parent,

grandparent, an adult child or a brother or a sister of the user, in the specific

order as listed:

  • the provision of a health service without informed consent is authorised

in terms of any law or court order;                                                                    20

  • failure to treat the user, or group of people which includes the user will,

in the reasonable opinion of the health practitioner, result in a serious risk

to public health; or

  • any delay in the provision ofthe health service to the user might result in

his or her death or irreversible  damage to his or her health and the user     25

has not expressly or by conduct refused that service.

  • A health practitioner  shall take all reasonable  steps to obtain  tbe user's

informed  consent

  • Any health practitioner who fails to comply with subsections  (2) and (3)

shall be guilty of an offence and liable to a fine not exceeding level ten or imprisonment    30

not exceeding one year or both such fine and such imprisonment.

 

  • Health service for experimental or research purposes

 

(1) No pernonshall be subjected to medical or scientific experiments or the extraction or use human tissue -vlthout the informed consent of the u."::er and the authorisation of the

delegated authority set up for that pmpose through :mAct of Parliament.                               35

 (2)Any health practitioner who fails to comply with subsection (1) and subsection (4) shall be guilty of an offence and liable to a fine not exceeding  level fomteen  or ilnprisonment not exceeding five years or both such fine and such imprisomnent.

 (3) Before a health institution  provides a health service for experimental  or research purposes to any user and subject to subsection (4), the health institution must  40 infonn the user in the prescribed tnatmer that the health service is for experitnental  or research purposes or part of an experimental  or research project.

 (4)Ahealth institution may not provide any health service to a user for a pmpose contemplated ln subsection (3) unless-

( a) the user;                                                                                                                  45

  • the health practitioner primmily responsible for the user's treatment;

 

  • the head of the health institution in question and Health Service Board: (d) any other person to whom that authority has been delegated:

                                        has given prior Vfitten authorisation for the provision of the health service in question.

 

  • Duty to disseminate information

 

  • The Health Service Board established under section3 of the Health Service Act

[Chapter 15:16] and every person to whom it has delegated its ftmctions under section

  • of that Act shall after consultation Vith-
    • the Minister; and
    • the Chief Officer of Health; and 10 (c) where necessary other relevant Ministries;

 

ensure that appropriate,  adequate and con1prehen.;;ive infonnation is disseminated  on

the health services for which it is responsible,  which must include-

(i) the types and availability ofhealtb services; (ii) the organisation of health services;

15                               (iii) operating schedules and timetables of visits;

  • procedures for access to the health services;
  • other aspects of health services which may be of use to the public:
  • procedures for laying complaints.

 

38 Obligation to keep records

 

20 (I) The obligation  to keep  and maintain  records  imposed  on Medical  Aid Societies and private hospitals under section 15 of the Medical Services Act [Chapter

15: /3] shall apply with the necessary changes to all health institntions.

 

(2) Any health practitioner in charge and 'my officer directly responsible for the keeping of any such records in any such health institntion  that fails to keep and

25     maintain record,;; pursuant to subsection (1)  shall be guilty of an offence and liable to a fine not exceeding level  thirteen and imprisonment  for a period not exceeding hvo years.

 

39      Confidentiality

 

(1) All info1mation concen1ing a user, including inf01mation relating to his or

30        her health status, treatment or stay in a health establishment  is confidentiaL

 

(2) Subject to section 40, no person may disclose any information contemplated in this section tmJess provided for in law, or-

  • the user consents to that disclosure in writing; or
  • a court order or any law requires that disclosure; or

35                              (c) non-disclosure  of the infonnation represents  a serious  threat to public health.

 

(3) Where any person contravenes subsection (2) such person shall be guilty of an offence an liable to a fine not exceeding level eight or imprisonment  not exceeding one year or to both such fine and such imprisonment.

  • Access to health records by healthcare provider

 

  • A health practitioner may examine a user's health records for the purposes of-  
  • treatment :vith the authorisation of the user; and
  • study, teaching or research with the authorisation ofthe user, head of the s health establishrnent concerned  and the relevant  health research  ethics committee.

 

  • lfthe study, teaching or research contemplated in subsection (1 )(b) reflects or obtains no infonnation as to the identity of the user concen1ed, it is not necessary

to obtain the authorisations  contemplated in that subsection.                                                 10

 

  • Any health practitioner who does not comply with the provisions  of this section shall be guilty of 'm offence 'md liable  to a fine not exceeding level eight or imprisonment  not exceeding hvo years or to both such fine and such imprisonment.

 

  • Laying of complaints

 

  • Without derogating from the powers to investigate and adjudicate misconduct 15 cases provided for under section 17 of the Health Service Act [Chapter 15:/ 6] or any otherlaw-
  • any person aggrieved  by the conduct of health care personnel  has the right to complain  and to have the matter investigated  and redressed  by

an appropriate authority;                                                                                     20

  • every health establishment shall formulate a procedure for the laying and redress of complaints against the conduct of any person associated with that establishment.
  • The procedures for laying complaints must-
  • be displayed  by all  health  establishments in a manner  that  is visible  25 fOr any person  entering  the establishment  and the procedure  must  be communicated  to users on a regular basis;
  • in the case of a private health  establishment, allow  for the laying  of complaints;
  • with the head of the relevant establishment, include provisions for the 30 acceptance and acknowledgment of every complaint directed to a health establishrnent, whether or not it fillls :vithin the jurisdiction or authority ofthat establishment;
  • allow for the referral of any complaint that is not within the jurisdiction or authority ofthe health establishment to the appropriate bodv or authoritv. 35
  • Any person who does not comply "ith the provisions of this section shall be guilty of an offence and liable to a fine not exceeding level eight or ilnprisonment not exceeding six months or to both such fine and such imprisonment.

 

  • Compulsory immunisation of children and incapacitated persons

 

Wllere there are compelling reasons of public health specifically regarding minors            40 and legally incapacitated individuals, the Minister shall by notice in the Gazette declare

the date on which compulsmy  immunisation shall take place,

 

  • Duties of users of health services

 

(l)A user must-

 

 

  • adhere to the rules ofthe health establishment when receiving treatment or using health services at the health establishment;
  • provide the health practitioner with accurate infonnation pertaining to his or her health status and-co-operate ;,;vith health practitioners when using

5                               health se1vices

(c) treat health practitioners  and health workers with dignity and respect

 

44       Participation in decisions

 

(1)A user has the rightto participate in any decision affecting his or her personal health and treatment.

 

10                      (2) If the informed consent of the user is given by a person other than the user.

such person must, if possible, consult the user before giving the required consent.

 

(3)  If a user is unable to participate in a decision affecting his or her per onal health and treatment, he or she must be inf01med after the provision of the health service in question.

 

15    45       Rights of health personnel

 

( l) Health care personnel1nay not be unfairly discri1ninated again.;;t on account of their health status.

  • Despite subsection (1) but subject to any applicable law, the head of the health  establislunent  concerned  may in accordance  Vith any guidelines  detennined 20 by the Minister  impose  conditions  on the service that may be rendered  by a health practitioner or health worker on the basis of his or her health status.
  • Subject to any applicable law, every health establishment must implement measures to minimise-

(a)        inJury or damage  to the person  and property  of health care personnel

25                              working at that establishment;  and

(b)    disease transrnission.

 

(4)Ahealth practitioner may refuse to treat a user who is physically or verbally abusive or who sexually harasses him or her.

 

PART IV

 

30                            INFECTIOUS DISEASES

 

Sub-Part A: Notffication of infectious diseases

 

46      Notifiable diseases

 

For the purposes of this Act, the term "infectious  disease" includes  any of the follmving diseases-

35                    (a)    chicken-pox;

  • diphtheria;
  • erysipelas;
  • pyraemia and septicaemia;
  • scarletfever;

40                    (f)     typhus fever;

  • plague;
  • cholera;
  • typhoid or enteric fever (including para-typhoid fever);

(J ) undulant or Malta fever;

(k) epidemic  cerebro-spinal  meningitis  (or  cerebro-spinal  fever or spotted

fever);                                                                                                                      5

(1)     acute poliomyelitis;

(m)leprosy; (n)     anthrax:

  • glanders;
  • rabies; 10
  • trypanosomiasis (or sleeping sickness);
  • yellov,r fever; (s) viral haemorrhagic fevers;

 

and  all fonns  of tuberculosis  and such other  infectious  or connnunicable diseases

including sexually transmitted diseases as the Minister may declare, by statutory in.": nunent 15 to be infectious diseases either throughout Zilnbabwe or in any pmt of Zimbabwe.

 

  • Notification of infectious disease

 

  • Whenever any child attending any school, otphanage or other like institution, or any person residing in any hotel, bom·ding-house or other like institution, is knmvn

to be suffering from any infectious disease, Vhether such infectious disease is specified      20 in  this Part or not, the principal  or person in charge  of such  school,  orphanage  or other like institution,  or the manager  or proprietor or person in charge of such hotel, boarding-house or other like institution shall forth"ith send notice thereof to the local authority of the district, and shall fumish to the  Director of health services, on his or her request, a list of scholars or residents thereat, together Vith their addresses.                 25

 

(2)Any  person who fails to give any notice required by subsection (1) shall be guilty of m1 offence and liable to a fine not exceeding level eight or to imprisomnent for a period not exceeding slx months or to both such fine and such imprisonment

 

(3) In any prosecution  under this section the onus of sho'Ving that he or she Vas una are that the patient was suffering from a notifiable infectious  disease shall      30 be on the person charged.

 

 

  • Notification by medical practitioners

 

  • If a patient suffering, to the kno ledge of the medical practitioner attending him or her, from an infectious disease dies therefrom, such medical practitioner shall immediately fumish to the local authority of the disllict aud District medical officer a 35 written ce11ificate containing the appropriate pm1iculars relating to the patient's illness

and cause of death.

 

(2)Any medical practitioner who fails to fumish a certificate of notification as required by this section shall be guilty of an offence and liable to a fine not exceeding level five or to imprisomnent for a period not exceeding three months or to both such      40

fine and such i1nprisomnent, <.md in <.my  prosecution  under this section the onus shall be on the medical  practitioner  charged to show that he or she was unaware that the patient was suffering from or the deceased had died of an infectious disease.

 

  • Local authorities to transmit return of notifications

 

  • In the time of an outbreak, every local authority shall, at the end of each week and on the form prescribed,  transmit to the Chief Health Officer particulars  of all cases of infectious  diseases and of all deaths from infectious  diseases notified to it during the week, and all information which it 1nay possess as to the outbreak  or prevalence of any infectious,  communicable  or preventable disease in its district.

 

  • Any Director of health services or local authority as the case may be who does not comply with the provisions of this section shall be guilty of an offence and liable to a fine not exceeding level eight or imprisonment  not exceeding hvo years or 10             to both such fine and such imprisonment.

 

  • Regulations for notification of infectious diseases

 

(l)The Minister may, in respect of the notification of diseases, make regulations as to-

 

(a)        co-ordination  in the notification of diseases of zoonotic origin to the

15   relevant veterinary authority;  providing clear circumstances under which information may be disclosed;

(b)

  • the duties of owners or occupiers of land, owners or managers of mines,  employers of labour and all chiefs or headmen or others in regard to

 

reporting the occurrence of such diseases, whether infectious or otherwise, 20 as may be prescribed in the regulations;

 

  • the duties on patients to adhere to treatment and to prevent wilful and  intentional transmission  to others;

 

  • the hospitalisation, isolation and quarantine, of infected persons;
  • the duties of rnedical practitioners and other persons in regard to the

 

25 reporting or notification of such disease, whether infectious or otherwise, as may be prescribed in the regulations;

  • the circumstances in which notification of particular infectious diseases shall not be required;
  • imposing a duty of confidentiality on persons involved in the administration

30              of any notification where personal identit}ring information is included;

(i) the duties of a local authoritv in respect of the keeping of registers and records of such notifications;

(i)   the duties of registrars of deaths in respect of furnishing the local authority with notification of returns of deaths notified with such registrars;

35 (k)    the creation of a notitiable  diseases register containing non named data for monitoring,  analysing  and reporting  on the incidence  and patterns of notifiable conditions  and evaluating the eff1cacy of management  and treatrnents;

(1)     the creation of a contacts tracing mechanism;

40                      (m)   providing for powers and measures for the response to notifiable diseases

that set a continuum from small interventions  to strong powers based on the level ofthreat to public health, including-

(1)  contact tracing;

(ii)   vaccination;

45 (iii)   measures to isolate and address the sources of epidemics; (iv)    observed home treatment;

(v)   medical counselling;

(v1)  facility treatment services;

  • provision of adequate medical supplies;
  • the fees payable to medical practitioners in respect of such notitications, and the circumstances in which fees shall or shall not be payable; the forms  5 to be used and the particulars  to be furnished  by medical  practitioners

when making such notifications;

  • the forms to be used and the particulars to be furnished by local authorities and other  persons  when transrnitting  returns  and reports  to the Chief Health

Officer;                                                                                                                  10

  • and, generally, for the better carrying out and attaining the objects and purposes of this Part.

                                                                    (2) Regulation made under this section shall carry a penalty not exceeding level

eight or to imprisonment for a period not exceeding one year or to both such fine and

such imprisonment.                                                                                                                     15

 

Sub-Part B: Prevention and Suppression of Infectious Diseases

 

  • Inspection of infected premises and  examination of  persons suspected to be suffering from infectious disease

 

Director  health services of any urban or rural area or any n1edical practitioner duly authorised  thereto  by the local authority  may at any reasonable  time enter and      20

inspect any premises in hich he or she has reason to believe that any person suffering or Vho has recently suffered from any infectious disease is or has recently been present, or any inmate of which has recently been exposed to the infection  of any infectious disease, and tnay medically  examine any person in such premises for the purpose of asce1iaining 'vhether such person is suffering or has recently suffered from <.my such      25 disease.

 

  • Provision of isolation hospitals, mortuaries, disinfecting stations and ambulances by local authorities

 

Any local authority may, and if required by the l'vfinister after inquiry, at which the local authority shall have 'm opportunity of being heard, shall, provide and maintain      30

either separately or jointly with another local authority or with a hospital authority or with the State-

  • suitable hospitals  or places  of isolation  for  the  accommodation  and treatment of persons suJJering from infectious diseases;
  • mortuaries or places for the reception of dead bodies pending the carrying 35 out of any post-mortem examination  ordered  by a lawful authority,  or

until removal for interment;

  • disinfecting and cleansing stations, plant and equipment for the cleansing of persons  and the disinfection  of bedding,  clothing  or other  articles which  have been exposed to, or are believed to be contaminated  with, 40 the infection of any infectious disease, or which are dirty or 1/erminous;
  • vehicles for  the conveyance  of persons  suffering  from  any infectious disease or for the removal of any infected bedding, clothing or other articles;
  • any other accommodation, equipment or articles required for dealing with 45

any outbreak of an infectious disease.

 

  • Removal to hospital of infected persons

 

Where, in the opinion of the medical officer of health, any person certified by a medical practitioner to be suffering from an infectious disease is not accommodated or is not being treated  or nursed in such manner  as adequately  to guard against the

spread of the disease, such person may, on the order of the Director of health services, be removed  to a suitable  hospital  or place of isolation  and there detained  until the Director of health services or any medical practitioner  duly authorised thereto by the local authority or by the :N:linister is satisfied that he or she is free frmn infection or can be discharged  without danger to the public health:

 

lO  Provided that  the cost  of the  renuwal of such  patient  and  of his  or her maintenance at the hospital may be recovered by the local authority from the said patient or his or her estate or, in the case of a minor, from his or her parent or guardian, if it can be shown that the said patient or his or her estate or, in the case of a minor, his or her parent or guardian is in a position to defray such costs.

 

15           54 Infected  persons  sent for treatment from other districts

 

In the case of any patient suffeting from any infectious  disease being sent into the district of any local authority for isolation  and treatment in any hospital or place of isolation maintained  by such local authority from any other district. whether urban or rural, the first-mentioned  local authority  may recover from  the local authority  of

20 the district sending the patient the cost of maintenance,  nursing and treatment  of the patient, and the cost of bttrial in the event of the death of the patient.

 

55 Measures  to  be adopted  by  local  authority in case  of infectious disease

 

Where  a person suffering from an infectiou"  disease is Mthin  the district of a

25 local authority, it shall be the duty of that authority to ensure that adequate measures are taken for preventing the spread of the disease, including, 'vhere necessary, provision for the accommodation,  maintenance,  nursing and medical treatment of the patient in a hospital or place of isolation  until he or she has recovered or is no longer a danger to the public or, in the event of the death of the patient, provision for the removal and 30 burial of the body.

 

56 Power of local authority to make order in relation to disinfection and personal hygiene

 

(I) When  it appears  from  the cer1ificate of the Director  of health  services or a health  officer or any medical  practitioner  that the cleansing  or disinfection  of

35 any premises or any article is necessary for preventing  the spread or eradicating  the infection  of any infectious  disease,  or otherwise for preventing  danger to health, the local authority may give written notice to the omer or occupier of such premises or to the owner or person in charge of such mticle requiring hiln or her to cleanse or disinfect such premises or article in such manner <.md vvithin such ti1ne as 1nay be specified by 40 and to the satisfaction  of the local authority giving such notice.

 

(2) If the person to whom such notice is given fails to comply thereVith, the local authority shall cause such premises or articles to be cleansed or disinfected, and the costs incurred shall be deemed to be a debt due to the local authority by the person in default.

 

45  (3) Vhere the o'vner or occupier of any such premises, or the Omer or person in charge of m1y such article, is indigent or otherwise unable, in the opinion of the local authority, to carry out properly the cleansing or disinfection of such premises or article,

the local authority may itself carry out any necessary cleansing or disinfection free of

charge.

 

  • Where any article dealt with by a local authority under this section is of such a natrue that it canoot be disinfected,  the local authority may, on the order of a district administrator,  district officer or ju.-.tice of the peace, cause such mticle to be 5 destroyed and no compensation shall be payable in respect of any mticle so destroyed.

 

  • When any article is da:tnaged during disinfection by the local authority, no compensation shall be payable by the local authority if suitable methods of disinfection have been employed and due care and all reasonable precautions  have been taken to

prevent unnecessm·y or avoidable dmnage.                                                                               10

 

  • Compensation shall not be payable in respect of the deprivation of the occupation or use of any premises or the use of any article occasioned by disinfection if no undue delay has occurred.

 

  • A Director of health services may order any person who has been certified by a Director of health services, or other health practitioner,  or by a11  environmental  15 health officer, to be in such condition of personal hygiene as to pose the risk of spreading disease or parasites, to take appropriate remedial action, including bathing or showering

and cleaning of his her irmnediate surrmmdings,  goods and effects.

 

  • An order made under this section may be addressed to any duly authorised officer of a local authority or any police of1icer. Any person vvho vvilfully obstructs the 20 execution or fails or refuses to cmnply Vith, any such order shall be guilty of an offence and liable to a fine not exceeding  level four or to imprisonment  for a period

not exceeding three n10nths or to both such fine m1d such ilnprisomnent.

 

  • Exposure of infected persons or thing

 

Any person who-                                                                                                              25

  • while knowingly  suffering  from  any notifiable  infectious  disease,  or such other infectious  disease as the lvlinister may declare by statutory instrument  to be a disease for the purposes of this section, wilfully  or negligently exposes  himself or herself in such manner as to be likely or liable to spread such disease in any street,  public place, public building,  30 shop, inn. hotel, church or other place  used, frequented  or occupied  in comrnon by persons other than the rnernbers of the fiunily or household to which such infected person belongs; or
  • being in charge of any person, and knm:ving that such person is so suffering,

so exposes such Sllfferer; or                                                                                35

  • knowingly gives, lends, sells, pawns, transmits, removes or exposes, or sends to or pen11its to be washed or exposed in any public wash-house or washing-place, or in any laundry or other place at which articles are washed, cleansed or dyed, without previous effective disinfection to the satisfaction ofthe local authority and in accordance :vith any regulations in     40 force in the district, any clothing, bedding, rags or other articles or things of any kind whatsoever which have been exposed to or are contaminated with the infection of any such disease: or
  • while knmvingly sufrering from any such disease, handles, conveys or otherwise comes in contact with any food, dairy produce. aerated water or 45 other articles intended for hurnan consumption,  or carries on any trade or occupation in such manner as to be likely or liable to spread such disease;

shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment

for a period not exceeding six months or to both such fine and such imprisonment:

 

Provided that nothing in this section contained shall apply to any person transmitting ·vith proper precautions and in accordance with the instructions of the local authority any bedding, clothing or other miicles or things for the purpose of having the smne disinfected.

 

  • Conveyance of infected persons in public  conveyances

 

(1) For the purposes oftlris section, "public conveyance "includes any railway coach,  tramcar,  omnibus,  cab, motor car or any vehicle  Vhatsoever, or any boat or

10 other vessel, or any aircraft if the conveym1ce plies for hire or is uE;ed by members of the public.

 (2) No person, knowing that he or she is suffering from any infectious disease wlrich the Minister may declare by statutory instrument to be a <lisease for the purposes of this section, shall enter any public conveyance, and no person in charge of any person

15 whom he or she knows to be so suffering, or of the body of any person who to his or her knowledge  has died of any such disease, or in charge of anything which to Iris or her  knm.vledge has been exposed to or is contaminated Vith the infection of any such disease. shall place in any such conveyance any such person, body, article or tiring which to his or her knowledge has been so exposed or is so contaminated,  except in the case

20     of a hearse used for the ren10val of a dead body, Vithout first informing the OVIler or di-iver or conductor of such conveyance of the fact of such infection <.md obtaining his or her consent.

 

(3) The  mmer.  driver or conductor  thereof  shall,  as soon  as possible  after such conveyance has been so used, and before permitting the use thereof by any other

25 person, cause it to be efficiently disinfected  to the satisfaction  of the local authority and in accordance  with <.my re rulations

 

(4)Any person who contravenes subsection (2) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment  for a period not exceeding six months or to both such fine m1d such imprisomnent,  and tnay in addition be ordered

30 by the court to pay the o'vner or driver of the conveyance concerned the amount of any loss or expense necessarily  entailed by the disinfection of such vehicle.

 

59 Infected dwellings not  to  be evacuated or  let  without previous disinfection

 

(1) No person shall cease to occupy or shall let any dwelling or premises or

35 part thereof in which to his or her knowledge there is or has recently been any person suffering from m1y infectious disease without having the same, and all articles therein hich are liable to retain infection. efficiently disinfected to the satisfaction of the local authority and in accordance  with any regulations in force in the district. This section shall apply to any oVller or keeper of a hotel or boarding-house who lets any romn or 40 part thereof to any person.

 

(2) Any person who fails or reh1ses to comply  with. any such order shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding three months or to both such fine and such imp1isonment.

 

60 Removal of bodies of persons who have died of infectious disease

 

45                 (l) In every case of death from a know11 infectious disease it shall be the duty of the occupier of the prernises in which the death has occurred immediately  to make

the best ammgements practicable, pending the removal of the body  and the carrying

out of thorough disinfection, for preventing the spread  of such disease.

 

(2)Any person  who contravenes subsection (1) shall be 1,'llilty of an offence and liable  to a fine not exceeding level  six or to imprisonment for a period  not exceeding three  months  or to both such fine and such imprisonment.                                                  5

 

  • It shall be an offence  against this Act for the occupier of any premises to keep any dead body in any room in which any person lives, sleeps or works, or in which food is kept or prepared or eaten,  or to keep  the body of any person  who is known to the occupier to have  died of an infectious disease  for more than hventy-four hours in any place other than a mortuary or other place set apart for the keeping of dead bodies,       10 except  with the sanction in writing  of the local  authority first obtained.

 

  • Where any person  dies  of an infectious disease it shall  be an offence  to remove the body except for the purpose of innnediate burial  and it shall be the duty of any person  who removes the body to take it direct to the place  of interment for burial.

 

  • Any person who is !,>uilty of an offence  in te1ms of subsection (3) or (4)  15

shall  be liable  to a fine not exceeding level  eight  or to imp1isonment for a period  not exceeding six months or to both such fine and such imprisonment.

 

  • Nothing in this  section shall  be deemed to prevent the  removal by due authority of any dead body from  a hospital to a mortuary.

 

  • Removal and burial of bodies of persons who have died of infectious 20 disease

 

(l)When-

 

  • the body of a person who has died of an infectious disease is retained in a room  in which  any person  lives,  sleeps  or works,  or in which  food  is

kept or prepared or eaten;  or                                                                                  25

  • the body of a person  who  has  died  of an infectious disease is retained

Vithout the sanction  ofthe local authority for more than twenty-four hours elsewhere than in a mortuary or other  place reserved for the keeping of dead bodies;  or

  • any dead body is retained in any dwelling or place in circumstances which,  30

in the opinion  of the local authority,  are likely to endanger health;  or

  • any dead body  found  within  the district  is unclaimed or no competent person  undertakes to bury it;

any district  administrator, district  officer, justice of the peace, medical officer of health or police  officer of or above the rank of assistant inspector may, on a certificate signed      35

by a medical practitioner. direct that the body be removed to a mortuary and be buried ithin a time to be specified in such order,  or if the body  is that of a person certified to have  died of an infectious disease,  may order that the body  be buried  immediately under the supervision of a competent health practitioner vvithout ren1oval to a 1nortuary:

 

Provided that the f1iends or relatives of the deceased have not made an tmder-  40 taking  to, and do, bury the body within the time so specified, the cost of so doing shall be defrayed by the local authority and may be recovered by it by action in any court of cmnpetent jurisdiction frmn any person legally liable to pay the expenses of intennent

 

(2) Any  person Vho obstructs the execution of any order  or direction given under  subsection ( l) shall  be guilty  of an offence  and liable  to a fine not  exceeding     45 level  five or to ilnprisomnent for  a period  not exceeding six tnonths or to both such fine and such imprisonment.

 

  • Regulations regarding infectious diseases

 

(1) T11e l'vfinister may make regulations applicable to all infectious diseases or only to such infectious  diseases as may be specified therein regarding  the follovving matters-

5 (a)    the imposition and enforcement  of quarantine or of medical observation and surveillance in respect of persons suffering or suspected to be suffering from infectious  diseases who are not removed to a hospital or place of isolation, the prernises in which such persons are accommodated,  those in charge of or in attendance  on such persons, and other persons  living

10                               in or .risiting such premises or who may otherwise have been exposed to the infection of any such disease;

(b)     the duties, in respect of the prevention of infectious diseases and in respect of persons suffering or suspected to be suffering therefrom, of employers of labour, and of chiefs or headmen and others;

15 (c)    the measures  to be taken for preventing  the spread  of or eradicating cholera,t yphoid

other infectious disease requiring to be dealt Vith in a special manner;

(d)     the conveyance  by rail or othen:vise of persons su±rering from,  or the bodies of persons who have died of, an infectious disease;

20 (e)    the prevention of the spread ±Torn any anirnal, or the carcass or product of any animal, to man of rabies, glanders, anthrax, plague, tuberculosis, trichinosis  or any  other  disease  communicable  by any  animal,  or the carcass or product of any animal, to man;

(i)  the prevention ofthe spread and the eradication of malaria, the destruction

25  of mosquitoes and the removal or improvement of conditions permitting or favouring the multiplication or prevalence of mosquitoes and the provision and proper upkeep of mosquito nets in the sleeping apartments of hotels, boarding-houses, lodging-houses and all public buildings where persons are accommodated for payment;

30          (g)    the prevention of the spread of disease by !lies or other insects and the

destruction of and the removal or improvement of conditions permitting or favouring the prevalence or multiplication  of such insects;

(h)    the  destruction of  rodents and  other  vermin and  the  removal  or improvement  of conditions  pennitting  or favouring  the harbourage  or

35                             multiplication  thereof;

  • the prevention of the spread of anchylostomiasis, schistosomiasis or other disease in man caused by any animal or vegetable parasite;
  • the prevention of the spread of any infectious, contagious disease by the carrying on of any business, trade or occupation;

40 (k)   the prevention  of the spread of any infectious  disease by persons :vho, though not at the time suffering from such disease, are "carriers'' of and liable to disseminate the infection thereof, and the keeping under medical surveillance and the restriction of the movements  of such persons;

(!) the prohibition  of spitting  in public  places  or in public  conveyances,

45                               except into receptacles  provided for the purpose;

  • the regulation and restriction of any trade or occupation entailing special danger to the health of those engaged therein, whether from infectious disease or othen:vise, and the institution of measures  for preventing  or limiting such danger;
  • the inspection of any of food for human consumption;
  • inspection, hazard  anal ysis of production  and marketing  of food  and other  products  for  human

consumption;                                                                                                           5

  • imposition of measures of risk abatement for food and other products;
  • the cleansing of persons in such conditions of personal hygiene as to pose the risk of spreading disease or parasites;
  • the disinfection or fumigation of prernises,  clothing  or other  articles which have been exposed to or are believed to be contaminated  with the      10 infection of any infectious disease, or which are in such state of sanitation as to be harbouring disease or parasites and prohibiting  the carrying out of any fumigation  which involves the use of poisonous gas except under licence;
  • rag flock rnanufacture and the trade in rags and in bones and in second- 15 hand clothing, bedding or similar article, and requiring the disinfection of any such article before its importation,  removal, sale or exposure for sale, or use in any manufacturing  process;
  • the disposal of any refuse, waste matters or other matter or thing which has been contaminated Vith or exposed to the infection of any infectious      20 disease
  • the regulation or restriction and, where deemed necessary, the prohibition, of the keeping, transmission or  use  within, or  the  conveyance  or transmission into or out o( Zimbabv.re of cultures  or preparations  of pathogenic micro-organisms or other material capable of causing disease  25 m man;
  • the giving compulsorily of any infonnation or the production compulsorily of any documentary or other evidence required for the purpose of tracing the source or preventing the spread of any infectious disease;

and generally for the better carrying out of the provisions and the attaining of the objects  30 and purposes of this Part

 

(2) The Minister may make regulations-

  • prescribing forms of certificates, notices, orders or returns and books of record to be used in connection with any infectious disease, and defining the information to be furnished therein, and requiring the furnishing and      35 prescribing the manner of use thereof by district administrators and district officers, Government medical off1cers, local authorities, medical officers of health and others;
  • conferring pov,rers and  imposing  duties  in connection  with infectious disease  on district  administrators and  district  officers,  Government 40 medical  or other  officers, local authorities,  medical  officers of health, employers of labour and chiefs or headmen;
  • adapting, within such area as may be defined, this Part and the procedure thereunder to the 1.mderstanding and special circumstances  of ditierent

classes of persons;                                                                                                45

  • providing for the effective enforcement of this Part as regards ditferent classes of persons, and assigning, where deemed desirable, responsibility in connection therewith to local authorities or employers of labour;
  • as to the management, rnaintenance and inspection of hospitals or other institutions for the purposes of this Part and the appointment  and duties of persons employed therein or otherwise in connection with the carrying out or enforcement  of this Part;

5                       (f)    as to the classification, treatment, control and discipline of persons treated

or detained in such hospitals or institutions, and prescribing compulsory work for such persons :vhere deemed desirable;

(g)   prescribing the precautions to be taken by persons infected  with or attending  on or having  the  care  or charge  of persons  infected  with

10                              infectious disease;

  • in connection :vith infectious disease providing for-

 

  • opt in and opt out testing and counselling; and
  • case tracing; and
  • public information and education; and

15                              (iv) health promotion;   and

  • co-ordination with relevant authorities  and agencies  dealing with gender and dornestic violence and child sexual abuse;  and
  • compulsory testing;

(i)      generally, for the better carrying out and tbe attaining ofthe objects and

20            purposes ofthis Part

  • Notwithstanding the provisions of subsection (1), the Minister may after consultation vvith stakeholders make  regulations  specific  to a particular  infectious disease.

 

  • The Minister shall  act in consultation  "ith the Minister  responsible  for 25 Agriculture or other relevant :N:linistry to 1nake regulations relating to- (a) the prevention and control of zoonotic diseases;

(b)    health screening of animals and animal products; (c)  waste water use in agriculture.

  • The Minister shall  act in consultation  with the minister  responsible  for

30 labour issues to n1ake regulations for the control of the spread of infectious  diseases in the 'ork place in public and private sector occupations  <.md industries.

                                                                       (6) Any person Vho contravenes  any provision of regulations  made in terms

of subsections (l), (2) and (3) and (4) shall be !,>uilty of an offence and liable to a fine not exceeding level hvelve or to imprisonment for a period not exceeding one year or 35 to both such fine and such imprisonment.

 

63 Reciprocal notification and  consultation between Ministry and Veterinary Department

 

(l) There  shall  be between  the MinislTy and the Department  of Veterimuy

Services a system of reciprocal notification as to outbreaks or threatened outbreaks of

40 diseases liable to affect both man and animals, and of con.'!ultatlon as to the making of regulations or the taking of 1neasures in com1ection therewith.

 (2) Vlhenever under this Act it is necessary to detennine the presence or absence of disease in any live anilnal othenvise than by the bacteriological examination of secretions,  discharges or other material, only the certificate of an approved veterinary 45 surgeon shall be evidence.

Sub-Part C: Special Provisions Regarding Formidable Epidemic Diseases and

Conditions  of Public Health importance

 

  • Interpretation of sub-part

 

  • In this Act, unless othe1wise expressed-
  • a formidable epidemic disease  means    cholera,  epidemic  influenza,  5 typhoid,  plague,  viral haemoragic  fevers  and any other disease  'vhich the Minister may, by statutory instrument,  declare to be a formidable

epide1nic disease for the purposes of this Act;

  • a condition of public health importance means-

(i)    'my disease which is not a fonnidable epidemic disease, syndrome,  10 symptom, injnry, or other threat to health that is identifiable on an individual  or community  level and can reasonably  be expected to lead to advete

(11)    any unuE;ual sickness or mortality among rats, mice, cats, dogs or other anitnals susceptible  to plague or other formidable  epidemic  15 disease, not due to polson or other obvious cause;

(iii)   any public health risk or event that can reasonably  be expected to lead to adverse health effects in the commuoity,

 

  • Notification of suspected cases of formidable epidemic diseases and

conditions of public  health importance                                                   20

 

  • Medical practitioners, principals of schools, heads offarnilies or households, e1nployers of labour, mvners or occupiers  of land or premises,  chiefs, headmen  and othetshall repmt to the District medical officer, local authority or district administrator, as the case may be, the occurrence of-
  • any case of 111ness or death coming to their notice and su."::pected to be 25 due to any formidable epidemic disease, or with a history or presenting symptoms  or post-mortem appear<.mces 'vhich might  reasonably  give grounds for such suspicion;
  • any condition of public health impmt,mce; or any occurrence which might

reasonably lead to a condition of public health,                                               30

 

  • Any person negligently failing to make such report shall be guilty of an offence and liable to a fine not exceeding level eight or to ilnprisomnent for a period not exceeding six months or to both such fine and such imprisonment.

 

  • Local authorities to report notification of  formidable epidemic diseases and conditions of public  health importance by expeditious 35 means

 

Eve1y local authority  shall immediately  repmt  to the Chief Health Oflicer,  by the n10st expeditious tneans, including instant tnessaging, text messaging or electronic mail, particulars of every notification received by such authority of-

(a) a case or suspected case of any formidable  epidemic disease; or 40 (b)    any condition of public importance.

 

  • Powers of Minister where  local  authority fails  adequately to deal with any formidable epidemic disease or condition or event of public health concern

 

Whenever  upon the report of the Chief Health Officer it appears to the Minister  45 that an outbreak of a formidable epidemic disease or a disease suspected of being such,

or a condition or event of public health concen1has occruTed or poses  a threat Vithin the district of a local authority and is not being investigated  or dealt with efficiently and so adequately to safeguard public health, the l'vlinister, nohvithstauding any other provision of this Act, may inform the local authority of the mea.."::ures Vhichhe or she

5       considers should be talcen in cmmection therewith, and if the local authority fails or is for any reason Lmable forthwith to carry out such measures  to his or her satisfaction, may authorize the Chief Health Officer or any other District health committee to talce all necessary steps for dealing with the outbreak or condition or event  and thereupon such officer or local authority shalL for the said purpose, possess all rights and powers

10 of the local authority  in default,  subject  to the obligations  attaching  to the exercise thereof, and any portion of the expenditure  so incuiTed which is payable by the local authorit)' may be recovered from the local authority in the manner described in section 27(2),

 

68   Regulations regarding formidable epidemic  diseases and

15              conditions or events of public  health concern

 

(1) Subject to the provisions of this Act, in the case of the occurrence  or threatened  outbrealc of any folTnidable epidemic disease, condition or event of public health conce1n, the !v1inister may make regulations  as to all or any of the following matters, namely-

20 (a)    the imposition  and enforcement  of quarantine  and the regulation  and restriction of public traffic and of the movements  of persons;

  • the closing of schools or the regulation and restriction of school attendance;
  • the closing of churches and Sunday schools and restriction of gatherings or meetings for the purpose of public worship;

25                        (d)    the regulation or restriction or, where deemed necessary, the closing of

any place or places of public entertainment,  recreation or amusement, or where intoxicating liquor is sold by

or, v.rhere deemed necessary, the prohibition,  of the convening,  holding or attending  of entertainrnents, assemblies,  meetings  or other  public

30                             gatherings;

  • the pre.'ention and remedying of overcrowding or the keeping of any dwelling or other building or the contents thereof in a state of sanitation posing or likely to pose a public health risk;
  • the medical examination of persons who are suspected of being infected

35 with, or :vho may have recently been exposed to the infection of: such disease, and of persons about to depart from any infected area, and the disinfection  of their baggage and personal effects, and the detention  of such persons until they have after such examination  been certifwd to be free from  any infectious  disease and until their baggage and personal

40                               effects have been disinfected;

(g)    the keeping under medical observation  or swveillance,  or the rernoval, detention and isolation of persons who may have recently been exposed to the infection of: and who rnay be in the incubation stage o±:such disease; the detention and isolation of such persons until released by due authority, the

45 use of guards and force f()f  that purpose, and, in case of absolute necessity, the use of firearms or other weapons, and the arrest with or without Varrant of any person who has escaped from such detention or isolation;

  • the establishment of isolation hospitals and the removal and isolation of persons who are or are suspected to be suffering tfom any such disease, the

 

 

accommodation,  classification, care and control of such persons and their detention  until discharged  by due authority  as recovered and free from infection, and the establishment, management and control of convalescent homes or similar institutions for the accommodation of persons who have recovered from any such disease;

  • inquiries into the cause of death of any person, apart frorn any by a magistrate under any other enactment; the ordering, when deemed necessary, of post-mortem examinations or of exhumations; the prohibition in special circumstances of the burial of any dead body except on a certificate by a medical officer appointed to grant such certificates       10 or after compliance with any other specitied conditions, the regulation of the mode of disposal, the times and places of burial of dead bodies and the manner of conducting removals and burials thereof; (J ) the regulation and restriction and, if deemed necessary, the prohibition of

the removal of merchandise  or any article or thing into, out of or within      15     any

  • the provision of disinfecting  plant and equipment,  and the disinfection or, where  disinfection  is irnpossible,  the destruction  of any article  or thing, or the disinfection  of any premises which are or are believed to be contaminated  with the infection of such disease;                                             20
  • the inspection of premises and articles and the discovery and remedying of sanitary or other defects likely to favour the spread or render difficult the eradication of such disease;

(n1)   the evacuation, closing, alteration or, if deemed necessary, the demolition or destruction of any premises the occupation or use of which is considered 25 likely to favour the spread or render more difficult the eradication of such disease, and the defmition of the circumstances under which compensation may be paid in respect of any premises so demolished or destroyed and the manner of fixing such compensation;

(n)    in the  case  of  plague,  the  destruction of fleas  and  rodents  and  the  30 removal or improvement  of conditions  likely to favour the harbourage or multiplication  of rodents, and the disposal of the carcasses of rodents or other animals believed or suspected to have died of plague;

and such othertnatters as the :rv:linister may deetn necessary for preventing the occurrence of such disease or limiting or preventing the spread thereof or for its eradication,  and, 35 generally, for the better carrying out and attaining the objects and purposes of this Part.

 

  • Any person who contravenes any provision of regulations  made in terms of subsection (l) shall be guilty of an offence and liable to a fine not exceeding level twelve or to iinprisomnent for a period not exceeding one year or to both such fine and

such imprisonment.                                                                                                                      40

 

  • Regulations made under subsection (l) shall not apply to persons about to depart from Zimbabwe.

 

69 Appointment of epidemic  committees

 

(1) Where  it is deemed  desirable  for the purpose  of coordinating  effort  or ofherwise for more effectively dealing with or preventing an outbreak of any formidable  45

epidemic  disease,  the :rvtinister may, by statutory instrument,  cmt..;;titute a cmnmittee

to be k:nmvn as "epidemic  connnittee" for a defined area to discharge such functions

and cany  out such duties in connection  ""ith such outbreaks,  and to administer  so

 

 

much  of this Act as 1nay be prescribed in such notice,  and may, in like manner. make regulations regarding the appointment of officers of such committee, the conduct of lts proceedings, the nlalmer  in Vhich accounts shall  be kept  or any other 1natter relative to such  committee.

 

5  (2) Where  the area so defined includes wholly  or partly the district  or districts of one or 1nore local  authorities, the composition of an epidemic committee and the manner of allocating and defraying expenditure incu1Ted by it shall  be such  as may be 1nutually  agreed  in advance between the 1-'linister alld local authority or authorities concerned or. failing such agreement, as theifinister 10 detennine.

 

(3) In the event  of the occurrence or threatened outbreak of any formidable epidemic disease in any district for which the district administrator is the local authority, the 1-'linister tnay constitute all advisory cormnittee of three  or nmre persons resident in the district to advise  and assist the district  administrator in connection there ith and

15 such  connnittee shall if the l'vfinister declares by notice  in the Gazette be responsible

for-

 

  • organising the compulsory testing,   screening and  mandatory medical examination of targeted populations;
  • organising the notification and reporting of cases;

20 (c) assisting partner  disclosure; (d)    providing proof  of vaccination;

  • restricting movement; quarantine and contact tracing; and
  • providing vaccinations and treatment.

 

70 Advances to local authorities

 

25  (1) 'Ihe  IVfinister may authorise the making  of financial  or material advcmces, on such tenns and conditions as he or she may fix, to any local  authority or epidemic committee for the purpose of dealing  vvith any out-break of allY infectiou.-; disease, and in default  of repayment any such advance may be recovered from such local  authority in the manner described in section  27(2).

 

30  (2)  The  Minister may  also  authorise the  making of  financial or  material advances, on such terms and conditions as he or she may fix, to any local  authority to enable  it to pay any propmiion of the capital  expenditure incuned by it in providing suitable hospitals  or places of isolation for persons suffering from any infectious disease, and may in llke manner recover any advances so made.

 

35        71  Refunds to local authorities

 

The Minister may authorise-

(a) the refund of one-half of the approved net cost actually and necessarily incurred  by a local  authorit y, jointly, in providing and equipping an isolation  hospital  or other isolation

40                                  accomrnodation for  persons suffering from  any

detained under medical  observation because of exposure to the infection of any formidable epidemic disease:

 

Provided thatthe scheme as a whole and the plans, specifications and estimates in connection therewith shall  be approved by the !v1inister

45                                  before the expenditure or any liability thereof  is incuned;

  • the refund of one-half of the approved net cost actually and necessarily incurred by a local authority, or by two or more local authorities acting jointly, in connection with the management and maintenance of an isolation hospital or other isolation accommodation and the maintenance and treatment therein  or in any other hospital  or place of isolation  of       persons suffering or suspected to be suffering from any infectious disease, or of persons detained therein under medical observation  because of exposure to the infection of any formidable  epidemic disease, such net costs being deterrnined after deduction of any revenue;
  • the refund oftwo-thirds ofthe approved net cost actually and necessarily  10 incurred by

jointly or by an epidemic committee, in preventing, investigating, dealing with or suppressing any outbreak of any formidable  epidemic disease or any outbreak suspected on reasonable grounds to be of any such disease, including, where necessary, the provision oftempora1y isolation hospital      15 accommodation.

 

PARI'V

 

SEXUALLY TRANS11ITIED DISEASES  OR INFECTIONS

 

  • Application of Part V

 

This Part shall apply to all sexually transmitted diseases or infections except such    20

diseases or infections as the 1lrinister may specify by statutory instrument.

 

  • Duties of medical practitioners

 

  • Every medical practitioner who attends or advises any patient in respect of

any sexually transmitted disease or infection from which the patient is suffering shall-

  • direct the attention of the patient to the infectious nature of the disease   25

and to the penalties  prescribed  by this Act for knowingly infecting any

other person with such disease; and

  • counsel the patient to notify their sexual partner(s) and refer them for

treatment; and

  • warn the patient against engaging in sexual activities tmless and until he 30 or she has been cured of such disease or is free from such disease in a communicable form: and
  • give to the patient such infonnation relating to the pre.rention and treatment of sexually transmitted  disease and to the duties and responsibilities of persons infected therewith as may be supplied to the rnedical practitioner  35 by the Ministry; and
  • refer the person to any other person or authority able to provide services to treat the condition, including counselling services.

 

  • Every medical practitioner  who knows or has reason to believe tbat any person .is infected  Vith a sexually transmitted  disease in a communicable  fonn that .is 40 notifiable in terms of section 46 and is not under treatment by a medical practitioner. or is not attending for medical treatment regularly and as prescribed by such medical practitioner, shall report the matter in Titing to the Director health services  or to the Government   health officer.

 (3)Amedical practitioner who contravenes subsection (I) or (2) shall be guilty 45

of an offence and liable to a fine not exceeding  level four or to itnpr.isomnent for a period not exceeding three months or to both such fine and such imprisonment.

 

  • Duties of Director of  health services and  Government medical officers or health  practitioners to  report, and  powers of  district administrator

 

  • It shall be the duty of every Director health services and every Government

5 medical of1icer or health practitioner in his or her of1icia1 capacity vvho knows or has reason to believe that any person is infected with any sexually transmitted disease in a communicable  fonn that is notifiable in terms of section46 and is not under treatment by a  health practitioner,  or is not attending for medical  treatment  re!,rularly and as prescribed  by such medical practitioner,  to give Vritten notice to such person of the

10 requirements  of this Act in regard to attendance for tTeabnent of persons infected with sexually transmitted disease, and if thereafter such person does not comply with those requirements,  to rep011the matter to the district medical officer.

 

(2) Upon receipt of any such report, the district medical officer shall malce such fmther inquiry, or shall make such order or orders, or shall institute such proceedings,

15 as he or she may deem necessary for the proper enforcement and for the attainment of the objects of this Part.

 

(3) An order under this section may require the person nalned therein-

(a) to furnish a certifrcate by a health  practitioner as to whether he or she is or is not infected with a sexually transmitted disease in a communicable

20                        form; or

  • to attend at a specified  time  and  place  fiJr examination  by a   health   practitioner named in the order; or
  • to attend regularly for medical treatment at times and at a place specified

in such order for a specif1ed time or tmtil cured or free from the disease 25  in a communicable  form; or

  • to comply with such other requirements as the district administrator  may   deem necessary for the proper safe-guarding  of the health of such person   and of the public health.

(4)Any person who fails to comply with any order made under this section shall

30     be guilty of an offence alld liable to a fine not exceeding level six or to ilnprisonment for a period not exceeding three n1onths or to both such fine <.md such imprisomnent.

 

75 Examination by medical practitioners

 

(1) For allY exalnination required to be canied  out on a person in tenns of this section, the person or, in the case of an incapacitated person, his or her representative,

35 shall be informed that he or she has the right to elect to be examined only by a medical pmctitioner of a gender of his or her choice and his or her choice shall be respected.

 

(2) Vilhere any order is made under this Part requiring the medical examination of allY fetnale over the age of twelve years and such female desires to be exalnined by a 'oman 1nedical practitioner, such examination  shall be made by a wom<.m medical 40 practitioner if one is reasonably available.

 

  • Proceedings to be in camera and reports not to be published

 

  • Inquiries and proceedings before a district medical officer or any court of law under this Part shall be secret and conducted in camera, and the records thereof shall be kept in the manner and form prescribed, anything to the contrary notwithshmding 45 in any other la .

 

  • Any person publishing  or divnlging  the name  of any person  dealt  with under this Part or the nature of the charge or evidence or the results of such inquiries or proceedings or the contents of any report, certificate, document or order in connection therelvith  or any other matter  coming  to his or her knm.vledge in connection  Vith anything  arising  wider this Part to any mmuthorised  person,  and any  person  who, without la fuljustification or excuse. falsely alleges that any person is infected or has been infected  with a sexually  transmitted   disease,  shall be guilty of an offence and       liable to a fine not exceeding level five or to imprisonment  for a period not exceeding

six months or to both such fine and such imprisonment.

 

  • Contributions and facilities for diagnosis and treatment of infectious diseases

 

  • The provisions of this section apply to the diseases provided for nnder Parts 10 IV and V

 

  • The Minister, subject to regulations which he or she is hereby authorised to make,  and which may deal with the procedure  to be followed,  the conditions  to be complied  Vith and any other matters necessary for the proper carrying out of this

section, may-                                                                                                                               15

  • provide in Government  or other  laboratories for  the carrying  out of bacteriological or other  laboratory

ascertaining  whether  any  person  is infected  with  or is cured  of any infectious disease,  or is free from any such disease in a communicable

form. Such examinations  shall be free of charge;                                            20

  • make pro.rision for the free treatment and, where necessary, the accommodation  and maintenance of persons infected Vith an infectious disease. Such provision shall be made as far as practicable in connection with general or isolation hospitals or similar institutions by arrangement with the :tvfinister or the hospital, local or other authority concerned;  25
  • supply, free of charge, such remedies as may be specified from time to time in the Gazette for use in the treatment of persons infected with infectious disease who are treated as free patients at any public institution; (d) refund to any local authority, or to two or more local authorities  acting jointly, two-thirds of the net cost of any approved scheme for providing  30 treatment, including maintenance and accommodation,  where necessary, for persons who are infected with infectious disease;
  • establish and maintain special accomrnodation for the rnaintenance and treatment of persons infected with infectious  disease who are liable to

detention;                                                                                                               35

  • make grants-in-aid, subject  to such conditions  as the 1'-Ainister may in each case fix and determine, to local authorities or other public bodies or voluntary societies or associations for the purpose of preventing the spread

of or securing  the proper treatrnent of persons  infected :vith infectious

disease.                                                                                                                  40

 

PART VI

 

INTFRNATTOT"AL HEALTH  REGIJLATIONS

 

  • Publication of International Health Regulations and  amendments thereto

 

(l) The International  Health Regulations  (2005), and any amendment  thereto  45 shall be published in a statutory instrument soon after Zimbabwe becomes a party to such amendment

(2) Every  amendment to the Intemational Health  Regulations to which Zimbabwe becomes a party shall be laid before Parliament for adoption or enactment on one of the thirty days on which Parliament next sits alter the publication of the amendment in a statutory instrument.

 

s         79 Power to carry out and apply International Health Regulations

The President may-

(a)    by statutory  instrument,  designate  any airport or ground crossing in Zimbabwe  in terms of the International Health Regulations  and may, by like notice, cancel any such designation of an airport or ground crossing;

10 (b)    do such other acts as he or she may deem necessary  or expedient  for giving effect to the terms ofthe International  Health Regulations or any regulations which hm.re, in terms of section 81, been applied to infectious diseases to which the International  Health Regulations do not apply.

 

80 Regulations

 

15                       (I) The President may by regulation-

( a) make such provision as appears to him or her necessary or expedient for the carrying out of and giving effect to the International Health Regulations: (b)     subject to the International Health Regulations, impose fees and provide for  the recovery  of any  expenditure incurred  in giving  effect  to  the

20                              International Health Regulations.

 

(2)  Any regulations  made  under subsection  (1)  may prescribe  penalties for any contravention  thereof,  but no such penalty shall exceed a fine of level eight or imprisonment  for a period of one year or both such fine and such imprisonment.

 

81 Power to apply regulations to any infectious disease

 

25  (1)  The President  may, by proclamation,  apply to any infectious  disease to which the Intemalional Health Regulations do not apply, 'my regulations made uuder section eighty three subject to such exceptions, adaptations and modifications as he or she may deem necessary or expedient and as shaH be specified in such proclamation.

 

(2) A proclamation under  subsection  (1)  may  be amended  or revoked  by 30       subsequent  proclamation.

 

82 Jurisdiction

 

An offence under any regulation shall, "ith regard to the jurisdi elion of a court to try the offence, be deemed to have been committed in any place where the accused happens to be.

 

35         83 National Focal Point for International Health Regulations

 

The Chief Health Officer shall be the National Focal Point for hrtemational Health Regulations,  responsible for the functions set out in the regulations.

 

PARI"Vll

 

NoN-Co:MrvmNICABLE  DISEASES

 

40         84 Prevention and control of non-communicable diseases

 

(1) For the purposes of this section,  a "non-communicable disease,. means a medical condition or disease which is not an infectious  disease.

 

(2)The 1Tinister must take measures to prevent and control non communicable diseases by-

  • working in partnership with all relevant  stakeholders to reduce the incidence and mortality from non-communicable diseases;
  • introducing evidence based behavioral interventions to  reduce  the  5 acquisition and increase health literacy amongst the population to reduce

the main modifiable risk factors for non-communicable diseases

  • developing multi-sectoral public policies that create sustainable health promoting environments that enable individuals, families and comrmmities

to make healthy choices and lead healthy lives;                                               10

  • de.'eloping and irnplementing policies,  strategies,  plans  and evidence based guidelines  at national, provincial and district levels in and across government departrnents  to prevent  and control non-cornmunicable diseases  through  preventive,  health  promoting,  curative,  rehabilitative

and palliative services;                                                                                        15

  • increasing prevention screening and control   programmes for  non- comm"lmicable diseases
  • establishing comprehensive surveillance mechanisms, health infon11ation systems and  dissemination processes to assist  policy,  planning  and

management of prevention and control;                                                            20

  • developing, encouraging and supporting research and  innovation in non-comm1.micable diseases  to irnprove  understanding  of the burden, determinant<;, causes and consequences; prevention, screening and control of non-communicable diseases in all age groups;
  • increasing public awareness  of the early signs  and symptoms  of non-   25 communicable diseases in order  to  promote timely  health  seeking behavior;
  • improving the quality of food available in Zimbabwe by means of inter- sectoral collaborations;
  • developing and strengthening human capacity Dx chronic disease research 30 and monitoring; and
  • increasing human resources for detection, management, prevention and control of non-communicable diseases and build links with traditional and complementary

 

  • Minister to declare non communicable diseases and conditions of 35 public  importance

 

The :rv:linister may by statutory instrument  declare any disease or condition to be a non-communicable disease or condition of public health importance  <.md in respect

of that disease  or condition,  prescribe special measures  to achieve  any of the things

referred to in section 84.                                                                                                             40

 

PARTVlll

 

WATER  AND Focm SUPPLIES

 

  • Duty of local authority to furnish water supplies

 

(1) Every local authority, when required to do so by the Minister, shall provide and maintain,  or cause to be provided  and maintained  as far as may be reasonably  45 possible, a sufficient supply of wholesome water for drinking and domestic purposes, whether such supplies  be derived from sources  within or beyond its district, and for such purposes it may purchase or otherwise  acquire any land, Vater works, springs, fmmtains, water rights and premises, or rights incidental thereto, within or outside its district,  and may construct,  equip and maintain any works necessary  for collecting.

5        pumping or storing vvater.

 

  • Any local authority which fails or refuses to comply with, subsection (1) shall be guilty of an offence and liable to a fine not exceeding level fomteen.

 

  • Where such water supply has been provided, the local authority may by regulation  compel  the owner  of every  occupied  premises  i.thin its district  to the 10 boundaries  of which the local authority ha.,;;  brought such water to lay on such water to any such premises,  and 1nay fix a minitnum  charge for such water, whether used by the occupier or not; such charges shall be payable by the occupier, except in cases where the water is not laid on, when such charges shall be payable by the mmer of the prem1ses.

 15  (4) h1 the event of the water supply of any district being undertalcen by any person  or cmnp<.my other than a local  authority  w1der any lawful  contract  or legal agreement whatsoever, this Part shall apply, with necessary changes, to such person or company in respect of such Vater supply a.,;;  if such person or company ere the local authority.

 

20  (5) The standards of water portability  under the Water Act [Chapter 20:24] and the Environmental  Management Act [Chapter 20:27] shall apply to any question concerning the standards and potability of water for the purposes of this Part.

 

87 Water works  not to be commenced until approved by State

 

(1) No water works may be commenced and no property purchased or acquired

25     by a local authority until estimates and plans have been submitted and approved by the IVlinister.

 

  • Notice shall be given of any proposed scheme for the purpose of com!ruction of works for the supply of water by the local authority by publication in the Gazelle, and such notice shall describe such proposed scheme and state the hour and place where 30 the plans, estilnates and other particulars relating to the smne 1nay be inspected.

 

  • If any person, who is injuriously affected by such scheme. objects to the same and transmits  his or her objections in Titing to the1inister

after the date of the last publication of the notice aforesaid. the IVIinister may appoint a committee to inquire into the expediency of sanctioning the proposed scheme and to

35 hear any such objections thereto m1d to report to hitn or her thereon, m1d on receiving such report the :fvfinister may 1nake an order disallowing  the proposed scheme oral-

lowing it Vith such modification, if any, as he or she may think fit.

 

(4) Any local authority which fails or refuses to comply with, subsection  (I) shall be guilty of an offence and liable to a fine not exceeding level fourteen.

 

"J 88 Local authority to maintain existing water supplies in good order

  • All water works vested in any local authority shall be maintained by the local authority  in a condition  acceptable  for the effective  distribution  and supply  of potable water for drinking and domestic purposes.
  • No local authority, assi!,'lled such function by any enactment, shall deny an

45 institution  or individual  access to potable  water for drinking  and domestic  purposes, for whatever reason.

(3) Any local authority who fails to comply with subsections  (1) and (2) shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprison- Inent for a period not exceeding two years or to both such fine and such ilnprisomnent.

 

  • Powers to inspect water supplies

 

(l) The Chief Health Oflicer or any person duly authorised by him or her or 5 any health practitioner  of any local authmity  may at all times enter any water works or gathering ground and inspect and examine any sources of Vater supply or any such water works, and take such sample of Vater as he or she may dee1n fit.

 

(2) Any person who obstructs such health practitioner  or any other person as aforesaid in such duty shall be guilty of an offence and liable to a fine not exceeding  10 level five or to imprisonment  for a period not exceeding six months or to both such

fine and such imprisonment.

 

  • Regulations

 

  • The Minister may make, and impose on local authorities and administrators, the duty of enforcing regulations in respect of defined areas- 15
  • prohibiting bathing in, and prohibiting or regulating the washing of clothes or other articles or of animals in, or in any place draining into, any such water supply as is in section 89 mentioned;
  • prohibiting or regulating the erection of dwellings, sanitary conveniences, stables, cattle kraals, pig sties, ostrich pens, dipping tanks, factories or 20 other works likely to entail risk of han11ful pollution of any such Vater suppl y,

any place draining into, any such supply of any manure, filth or noxious or otiensive  matter or thing;

  • and, generally, for preventing the pollution so as to endanger health of any 25 supply of water which the public within its district has a right to use and does use for drinking or dornestic purposes and for purifYing any such supply which has become so polluted, and for preventing the pollution of streams so as to be a nuisance or a danger to health;
  • quality monitoring of potable water for drinking and domestic purposes;   30

 

  • Regulations under subsection  (l) shall  be made "ith due regard  to the interests of agricultural or any other industries.

 

  • Any regulations made  under subsection  (1) may prescribe  penalties for any contravention  thereof,  but no such penalty shall exceed a fine of level eight or imp1isonment for a period of one year or both such fine and such imp1isonment.  35

 

  • Sale of unwholesome, diseased or contaminated articles of food prohibited

 

  • No person shall sell, or shall prepare, keep, transmit or expose for sale, any milk, dairy produce, meat, water or other article of food which is not clean, Vholesome, smmd and free from any disease or infection or contamination;  and no person shall 40 collect,  prepare,  manufacture,  keep,  transmit  or expose  for  sale  any  such  article without taking adequate 1neasures to guard against or prevent any possible infection

or contamination  thereof.

 

  • Any person ho contTavenes subsection (l), shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment  for a period not      45 exceeding two years or to both such fine and such imprisonment.
  • Regulations regarding sale of milk and articles of food

 

  • The l'vfinister may make regulations regarding all or any of the following matters-

(a) the  inspection of animals  intended  for  hurnan  consumption, and  of

5 slaughter-houses,  and of factories,  stores, shops and other places Vhere any article of food is manufactured  or prepared or kept;

(b)   the taking and examination of samples of meat or other articles of food, and the removal or detention, pending examination  or inquiry, of animals or articles which are suspected ofbeing diseased or unsound or unwholesome 10 or unfit for  human  consumption, and the seizure  and destruction  or treatment  or disposal  so as not to endanger  health of any such article which is found to be unwholesome  or unsound or diseased  or infected or contaminated,  and of diseased animals sold or intended or offered or exposed for sale for hurnan consurnption; such regulations may empower 15 a Director health services or an envirom11ental health officer or, in the case of meat, an apprm.red veterinary surgeon or an environmental health officer to detain, seize or destroy any diseased, unsound or unwholesome article of food, but shall not confer on any

of detention of such article for the purpose of examination  by a Director

20 health services , an environmental  health officer or, in the case of meat, an approved veterinary surgeon or environmental  health off1cer;

(c)   the inspection and exarnination of, and the regulation, inspection and supervision of the manufacture, preparation, storage, keeping  and transmission  o±:any article of food intended for sale or for export from

25 Zimbabwe, and the prohibition of the manufacture,  preparation, storage, keeping, transmission, sale or export from Zimbabwe of any such article which is, or contains an ingredient which is, diseased or unsound or unfit for human consumption,  or :vhich has been exposed to any infection or contamination;

30 (d)   the establishment, locality,  supervision,  equipment,  rnaintenance and management of slaughter-houses and the disposal ofthe waste products of slaughtering and the inspection of slaughter-houses and the animals therein and prohibiting, restricting or regulating the slaughter of diseased animals: prescribing  the methods which may be used for the killing or slaughter

35  of animals  intended  for human  consumption,  whether  such killing  or slaughter takes place at slaughter-houses or elsewhere;  and prohibiting the killing or slaughter of such animals except by such methods as may be prescribed; and such regulations may provide an exemption from the provisions thereof for the slaughter of animals by the Je;,;vish or Islamic

40                               method, subject to such conditions as may be prescribed;

(e)    prohibiting tbe importation  into Zimbabwe  of any article oftood wbich is not clean, wholesorne, sound and free from any disease or infection or contamination,  and the seizure and disposal by destruction or otherwise of any such article so imported;

45 (f)    the preparation, manufacture  or importation  and the storage and sale of or trade in articles of f()od :vhich are packed in air-tight receptacles  or othenvise  preserved,  and the marking  of any such article with the date of manufacture  or preparation;

  • prohibiting the importation,  sale,  possession  or use  of vessels  which 50 are intended to contain milk or any liquid or semi-solid  article of food and which arc rusty or defectively soldered or are made of material containing in any part likely to come in contact with the contents lead or other poisonous or injurious substance in such proportion as to be likely to cause injury or danger to health, and fixing the maximum proportions of such substances which may be used in such vessels;                                    5
  • the keeping of swine and the limitation  and suppression  of the disease known as cysticercus disease or pig measles or any similar disease in animals;
  • and, generally, for the better carrying out and the attaining ofthe objects

and purposes of this Part.                                                                                    10

 

(2) Any regulations  made  under subsection  (I) may prescribe  penalties for any contravention  thereof,  but no such penalty shall exceed a fine of level eight or imprisonment  for a pe1iod of one year or both such fine and such imprisonment.

 

  • Minister's powers to make orders

 

(1) The IVlinister may make orders-                                                                            15

  • requiring the medical  examination  and training  of any person  in any premises in which any article of food intended for sale is collected, kept, sold or exposed for sale, or of any person who has been engaged in the collection, preparation, keeping, conveyance or distribution  of any such

article;                                                                                                                    20

  • prohibiting the employment in connection with the collection, preparation, storage, distribution or sale of any article of food of any person :vho has proved to be a carrier of the infection of typhoid or enteric fever or other infectious disease.

 (2)Any person who contravenes or fails to comply -vlth an order made ln terms 25 of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level five or to i1nprisonment for a pe1iod not exceeding six months or to both such fine and such imprisonment.

 

PART IX

lNFA.J."'l A?--.'D  Y GUNG  CHILD NUTRITION               30

 

  • Interpretation in Part

 

In this Part-

"designated product"means any-

  • infant formula; (0-6 months); or
  • follow-up formula  (6 months onwards),  beverage,  milk and other  35 food  for  consumption by infants  and  young  children whether industrially formulated or otherwise specifically targeted for infants and young children; or
  • <.my other product marketed or othenvise represented as being suitable

for feeding infants and ymmg children: or                                              40

  • feeding item: or
  • items generally known as pacifiers; or
  • other product which the Minister may, from time to time, declare to be a designated product:

''feeding iten1"means a bottle,  teat, measuring device or other utensil  or article designed to be used in preparing infant  and ymmg  child food  or feeding infant  and ymmg  child food to infants:

"health  worker"meam; a person  Vho-

5 (a)    is employed in  a hospital, nursing-home, clinic,  surgery,  creche, nursery or  other institution Vherein  health care,   treatment or attention is provided for pregnant women,  mothers or infants;  or

(b)    is a medical practitioner or is employed by a medical practitioner in connection with his practice as such;  or

10                                    (c)   performs any work,  whether  as a professional or non-professional

and whether  paid or not, in connection with the health  of pregnant

Vomen, tnothers or infants;

''infant"means a child  under the age of hvelve  months;

"infant  and  young  child  food" means  any food,  including dairy  produce as

15                                 defined in the Dairy Act  [Chapter 18:08] which is-

  • sold for consumption by infants and or young  children; or
  • represented by its  manufactmer or  seller as  being  suitable for consumption by infants  and/or  ymmg children; 'label"means any brand, tag, mark, pictorial or other descriptive matter, written,

20 printed,  stencilled, 1narked, embossed, attached or otherwise that appears on or is otherwise attached to a container of a designated product;

''marketing", ln  relation to  a  designated product, means any  method  of introducing or  selling the  designated product, including promoting, distributing, advertising, distribution of  samples or  providing public

25                                 relations and infonnational services;

"container or package "tneans anything in or by which any designated product is covered, enclosed or pack..1.ged for sale as a retail unit;

"sell "includes for the purposes of sale-

(a) to offer,  keep, possess, expose, display,  transmit, consign, convey;

30                                        or

  • deliver; or
  • to authorise, direct or allow  a sale: or
  • to barter, exchange, supply or dispose off or any consideration, direct or indirect;

35                         "ymmgchild"means a child  between the age of twelve  and thirty  six months

 

95 Regulations in respect  of infant and young child  nutrition

 

(1) The Minister may make regulations in respect  of all or any of the following matters-

(a)         encouraging and promoting the breast-feeding of infants:

 40 (b)    standards of composition, quality  or other  properties of any  iufant  or ymmg child food or feeding item, which  standards may be prescribed by reference to any publication or document, Vhether published inside  or outside  Zimbabwe;

(c) the sampling  and testing ofiufant and young child food and feeding  items:

45  (d)    regulating or restricting the marketing and sale of infant and ymmg  child fOod and feeding iterns, and in that connection-

 

  • regulating the packages or containers in which or hom  which any infant and young child food or feeding items may be sold;
  • regulating the labels that may be attached to or marked on packages or containers of any infant orymmg child food or feeding item, and prescribing the matter to be or not to be contained on such labels; 5
  • regulating, restricting  or prohibiting  the marketing  of any infant or young child food or feeding item to the public generally  or any section of the public;
  • restricting or prohibiting  any method of marketing  any infant and

young child food or feeding item;                                                             10

  • regulating, restricting or prohibiting the giving or distribution of donations or samples  of infant  and young child food  or feeding items;

 

  • regulating, restricting or prohibiting  the production, sale, distribution  or display of informational  or educational  material  relating  to infant and 15 ymmg child food, feeding items or the feeding  and nutrition of infants and young children;

 

  • regulating or restricting  the promotion  by health workers of the use of any infant and young child food or feeding item;

 

  • regulating, restricting or prohibiting- 20

(1)  the o1ferlng or giving, directly  or indirectly,  by manufacturers  or sellers of infant and young child food or feeding items, of salaries, wages, gifts or other benefits to health workers; and

(ii)   the receipt  by health workers of salaries,  wages, gifts or benefits

referred to in subparagraph  (i);                                                                 25

 

  • the establishment of one or more committees to approve labels, packages, infom1ational, educational or promotional  material and any other matter or thing that rnay be regulated or restricted in tenns of this Part, and the prohibition  of the marketing,  sale or use of any such label, package or containers, informational,  educational or promotional rnaterial, n1atter or 30 thing that has not been so approved;

 

  • powers of entry, search,  seizure,  inspection  and  investigation  for  the purposes of preventing,  detecting  or investigating  offences in terms of the regulations;
  • the fw·nishing of retw·ns, particulars and other infonnation by persons 35 who manufacture,  market or sell infant and ym.mg child food or feeding items;

 

  • generally, any matter which, in the opinion of the Minister, will encourage and prornote  the  proper  feeding  and nutrition of infants  and young children.

40

 

(2) Regulation.,;; 1nade in tenns  of subsection  (1)  may provide  penalties for contraventions  thereof:

 

Provided that no such penalty shall exceed a fine oflevel  eight or imprisonment for a period of one year or both such fine <.md such i1nprisomnent.

PART X

 

SLAL'GI-ITER HousEs

 

96 Interpretation in Part

ln this Part-

 

5 "slaughter-house" includes  any abattoir,  knackers'  yard,   or place set apatt for slaughtering animals,  the meat of which is intended for  human consumption.

 

97 Licensing of slaughter-houses by local authorities

 

  • Subject to any regulations, a local authority may license such slaughter- 10 houses as it from time to ti1ne thinks proper Vithin its distdct.

 

  • Every licence issued  in  terms  of this section  shall  expire  on the 31st Dece1nber of the year for which it is issued.

 

  • Nothing in this section contained shall affect the right of a municipal council or tovvn council to establish, erect and 1naintain its own slaughter-house.

 

15         98 Local authority may refuse licences  and appeals against refusals

 

  • A local authority may refuse to grant or rene a licence for a slaughter-

house.

 

  • Any person who is aggrieved by the refusal of a local authority to grant or renew' a licence for a slaughter-house may, within thiliy days of such refusal, appeal 20 in ''rriting to the ?vfinister.

 

  • Upon such appeal the Minister may reqnire the local authority to fumish hin1 or her Vith the reasons for its action.
  • When any such appeal is noted against the refusal of the local authority to renew' a licence, the Minister 1nay, in his or her discretion, authorise the continued use 25 of the slaughter-house pending his or her decision on such appeal.

 

  • The l'vfinister may, alter due inquiry, make such order in the matter as he or she may deem fit atld the local authority shall comply with any such order.

 

  • Licence required for use of premises as slaughter-house

 

  • No person shall use my premises as a slaughter-house within the district of 30 a local authority unless he or she is personally licensed ln respect of those premises.

 

  • Any person who contravenes subsection ( l) shall be !,>uilty of a11 offence and liable to a fine not exceeding level seven or to ilnprisomnent for a period not exceeding six months or to both such fine and such imprisonment

 

  • Cancellation of licence

 

35  If the holder of a licence for a slaughter-house is convicted of contravening  this Act, the local authority which issued the licence may fmthwith  cancel the licence held by such person.

 

101 Prohibition against  sale of meat which  has not been slaughtered in a slaughter-house

 

40  (1) No person  shall  sell meat  or viscera  obtained  from  animals  and birds unless the animals and birds have been slaughtered  in a registered  abattoir and have

been inspected by a meat inspector employed by a local authority and unconditionally passed as suitable for human con:mmption.

 

(2) Any person who acts in contravention  of a prohibition issued in terms of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding six months or to both such fine and such 5 imp1isonment.

 

  • Inspection of meat and fees for inspection

 

  • Subject to subsection (4), a local authority in co-ordination with the ministry of health and veterinary department may inspect any meat slaughtered  at a slaughter-

hou.-;e licensed  by it or any meat intended for sale vvithin its district and 1nay charge  10 fees at a rate approved by the Mnister for such inspection:

 

Provided that if inspection fees have been charged in respect of any inspection of 1neat by another local authority or inspector appointed in terms of regulations or by such competent  authority outside the borders of Zimbabwe  as may be prescribed  by

regulation,  no further inspection fees shall be charged.                                                          15

 

  • Subject to subsection (3), the !vlinister may in regulations-

( a) provide for the compulsory  inspection of-

  • animals which are slaughtered at slaughter-houses specified in the regulations;
  • the carcasses of and the meat obtained from animals referred to in 20 subparagraph (i);
  • provide for the appointment of officers ofthe Public Service as inspectors for the purposes ofthe regulations;
  • prescribe the fees which shall be payable to the State for the inspection of animals, carcasses and meat referred to in paragraph (a), the circurnstances 25 in which the fees shall be paid and the persons by whom the fees shall be paid.

 

  • The Ivlinister shall not in re1,'lliations made  in  terms  of subsection  (2) specify a slaughter-house in respect of vvhich a municipal cmmcil or town cmmcil is exercising  the powers of inspection  conferred upon it by subsection (1)  unless he or 30 she is requested to do so by the municipal council or town council.

 

  • No fees shall be charged for the inspection by a muuicipal council or town conncil in te1ms of subsection (1)  of meat slaughtered  at a slaughter-house specified in regulations made in terms of subsection (2).

 

PART Xl                                                                     35

 

SANITATION A.NTI HousiNG

 

  • Duties of local authorities

 

  • It shall be the duty of every local authority to take alllawhu, necessary and reasonably practical measures for maintaining its dl strict at all times in a clean and sanitary condition, and for preventing the occurrence therein of, or for remedying or 40

causing to be remedied,  <.my nuisance or condition liable to be injurious or dangerous

to health, and to take proceedings at law against any person causing or responsible for the continuance of any such nuisance or condition.

 

  • It shall be the duly of every local authority to take all lawful, necessary and reasonably practicable measures for preventing or causing to be prevented or retnedied 45 all conditions liable to be injmious  or dangerous  to health arising fron1 the erection of or occupation  of unhealthy  dwellings  or premises or the erection of d ellings or premises on unhealthy  sites or on sites of insufficient  extent, or fron1 overcrowding, or from the construction.  condltlon or manner of use of any factory or trade premises.

5 and to take proceedings lmder the law or regulations in force in its disttict against any person causing or responsible for the continmmce of any such condition.

 

(3) Any local authority  which does not comply  with this section shall  be in default and liable to a level fourteen civil penalty.

 

104  Nuisances prohibited

 

10  (1) No person shall cause a nuisance,  or shall suffer to exist on any land or premises owned or occupied  by hitn or her  or of Vhich he or she is in charge, any nuisance or other condition liable to be injurious or dangerom; to health.

(2) The following  shall be deemed to be nuis,mces liable to be dealt with in the manner provided in this Part-

15                              (a)    any dwelling or premises which is or are of such construction or in such a state or so situated or so unsanitary or so infected with pests and parasites as to be injurious or dangerous to health, or which is or are liable to favour the spread of any infectious disease;

(b)    any stream, pool, lagoon, ditch, gutter, watercourse, sink, cisten1, sanitary

20  convenience, urinal,  cesspool,  cesspit,  drain,  sewer,  dung  pit,  slop- tank, ash pit or manure heap so foul or in such a state or so situated  or constructed  as to be otiensive  or to be injurious or dangerous to health; or any collection  of water which may serve as a breeding  pool for mosquitoes;

25 (c)    any well or other source of water supply or any cistern or other receptacle fOr water, :vhether public or private,  the :Vater frorn which  is used or is likely to be used by man for drinking or domestic purposes or in connection with any dairy or milk-shop, or in connection with the manufacture  or preparation  of any article of food  intended for human

30  consurnption  which is polluted  or othenvise  liable to render  any such water injurious or dangerous to health;

(d)   any stable, kraal, cow-shed or other building or premises used for the keeping of animals  or birds which is so constructed,  situated,  used or kept as to be offensive or injurious or dangerous to health;

35 (e)    any accumulation or deposit  of refuse,  otial,  manure  or other  matter whatsoever which is offensive or hich is injurious or dangerous to health;

(f)    any dwelling which

(i)   is so overcrowded  as to be injw·ious or dangerous to the health of the inmates; or

40 (ii)   does not confOnn with any regulations or by-laws made under any  Act and in force in the area as regards---

  1. air space or floor space; or B. lighting or ventilation;  or C.   sanitary conveniences;  or

45                                         D.   ablution ±acilities; or

  1. cooking facilities;
  • any be unsafe or injurious or dangerous to health;
  • any water supply is not available within a reasonable  distance as under the

circurnstances it is possible to obtain;                                                                 5

  • any trade premises not kept in a cleanly state and tfee from offensive smells arising from any drain, sanitary convenience or urinal, or not ventilated so as to destroy or render harmless and inoffensive as far as practicable any gases, vapours, dust or other impurities generated, or so overcrowded or so badly lighted or ventilated  as to be injurious or dangerous  to the 10 health of those employed therein;

(1) any trade premises causing or giving rise to smells or effiuvia which are offensive or which are injurious or dangerous to health;

  • anv area of land kept or permitted to remain  in such  a state  as to be offensive or liable to cause any infectious, communicable or preventable 15 disease or injury or danger to health;
  • any chimney, not being the chimney of a private dwelling, sending forth smoke in such quantity or in such manner as to be offensive or injurious or dangerous to health;

(1n)  any cemetery, burial place or place of sepulchre so situated or so crowded  20 or otherwise  conducted  as to be offensive  or injurious or dangerous  to health;

(n)    any to health.

 

105 Notice to remove nuisance                                                                      25

 

  • In this section-

 

"author of a nuisance "means the person by whose act, default or sufferance the nuisance is caused, exists or is continued,  whether he or she is an omer or occupier or both owner and occupier, or any other person.

  • The local authority, if satisfied of the existence of a nuis,mce shall serve 30 a notice on the author of the nuisance,  or if he or she cannot be fmmd, then on the occupier or oVller of the dvve11ing or premises on which the nuisance arises or continues, requiring him or her to remove it Vithin the titne specified in the notice and to execute

such works and do such things as may be necessary for that purpose,  and if the local authority thinks it desirable,  but not otherwise,  specifying  any works to be executed  35 to prevent a recurrence  of the said nuisance:

Provided that-

  • where the nuisance arises from any want or defect of a structural character, or Vhere the dwelling  or premises are unoccupied,  the notice shall  be served on the owner;            40

 

  • where the author of the nuisance cmmot be found and it is clear that the nuisance does not arise or continue  by the act or default or sufferance of the occupier or owner of the dwelling or premises, the local authority shall itself remove  the same, and may do what is necessary to prevent

the recurrence thereof.                                                                                         45

 

  • If the person on whmn a notice to ren10ve a nuisance has been served as aforesaid fails to comply with any of the requirements thereofilithln the time specified. or if the nuisance, although removed since the service of the notice, is in the opinion of the local authority likely to recur on the same premises,  the local authority  shall cause a complaint relating to such nuisance to be 1nade before a magistrate,  and such ma!,ristrate shall thereupon issue a summon.":: requiring the person on whom the notice 5 was served to appear before his or her court.

 

  • If the court is satisfied that the alleged nuisance exists or that, although removed, it ls likely to recur on the same premises, the cou11shall make an order on the author thereof, or the occupier or owner of the dwelling or premises, as the case 1nay be, requiring hlm or her to comply Mth  all or any of the requirements  of the notice.

10 or othenvise to ren10ve the nuisance within a ti1ne specified in the order and to do any works necessary for that purpose, or an order prohibiting the recurrence of the nuisance and directing  the execution  of any Vorks necessary to prevent the recurrence,  or an order both requiring the removal and prohibiting the recurrence of the nuisance.

 

(5) The court may by such order impose a fine not exceeding level seven on the

15 person on whmn the order is 1nade, and may also give directions as to the payment of all costs incurred up to the time of the he,uing or making of the order for the removal or prohibition of the nuisance.

  • Before making an order the cowtmay, if it thinks fit, adjourn the hearing or further hearing of the summons until an inspection. investigation or analysis in respect 20 of the nuisance alleged has been1nade by some cmnpetent person.

 

  • Where the nuisance proved to exist is such as to render a d'elling tmfit, in the judgment of the court, for human habitation, the comt may issue a closing order prohibiting the use thereof as a dvvelling until in its judgment the dwelling is fit for that purpose; and may further order that no rent shall be due or payable by or on behalf of

25 the occupier of that dwelling in respect of the pe1iod in which the closing order exists; and on the cowt being satisfied that it has been rendered fit for use as a dwelling, the court may detennine the closing order, and by a further order declare the dwelling habit- able, and from the date thereof such dwelling may be let or inhabited. Notwithstanding any such last-mentioned order, further proceedings  may be taken in accordance  with

30 this section in respect of the same dwelling in the event of any nuisance occuning or of the dwe111ng being again fotmd to be tm1it for human habitation.

 

106 Local authorities failing to deal with nuisances

 

(1)  The   chief  health  officer  or any   enviromnental health    officer  of the

IVliuistry, if satisfied that a local authority has caused or allowed to exist on any land

35 or premises in its area of jurisdiction any nuisance or other condition that is or is likely to be injurious or dangerous to public health, shall serve a notice on the local authority concerned requiring it to remove the nuisance within the time specified in the notice and execute such vvorks and do such things as may be necessmy for that purpose.

 

(2) If the local  authority  on which a notice to renwve  a nuism1ce has been

40 served fails to comply with any of the requirements  thereof within the time specified, or if the nuisance, although removed since the service of the notice, is, in the opinion of the chief health officer or environmental   health  officer, likely to recur on the same land or premises, the chief health officer or enviromnental health  officer shall cause a complaint relating to such nuisance to be made before a magistrate <.md such1nagistrate

45 shall thereupon  issue a summons  requiring the Director health services   of the local authority on which the notice was served to appear before his or her cow1on behalf of the local authority, and 105 (4) to (7) shall apply to the local authority as they apply to a person referred to in subsection (l) of that section.

 

 

  • Penalties in relation to nuisances

 

  • Any person who fails to obey an order to comply with the requirements of the local authmity, or otherwise to remove the nuisance, shall, unless he or she has satisfied the court that he or she has used all diligence to carry out such order, be guilty of an offence and liable to a line not exceeding level seven or to imp1isonment for a

period not exceeding six months or to both such fine and such itnprisonment:  and any person lvilfully acting in contravention of a closing order issued under section lOS shall be guilty of an offence and liable to a fine not exceeding level seven or to itnprisomnent for a period not exceeding six months or to both such fine and such imprisonment.

 

  • The local authority may in such a case enter the premises  to vvhich any 10 such order relates and remove the nuisance and do Vhatever tnay be necessary in the execution of such order, and recover in any competent court the expenses incurred by

it from the person on whom the order is tnadc.

 

  • Any local authority that  fails  to obey  an  order  to  comply   with  the rcquirctncnts  of the Secretary or health inspector or othcnvise to remove the nuisance,  15 shall, unless it has satisfied the court that it has used all diligence to cany  out such order, be guilty of an offence and liable to a fine not exceeding level ten for every day during which the default continues.
  • The Chief Health Officer or health inspector may in such a case enter the premises to which any such order relates and rctnovc the nuisance and do whatsoever       20 may be necessary to effect such order and recover the expenses incurred by him or her from the local authority on Vhom the order Vas served.

 

  • Court may order local authority to execute works in certain cases

 

Whenever  it appears  to the satisfaction  of the court that the person by whose act or default the nuisance arises or that the owner or occupier of the premises is not      25

knoVll or cannot be found, the court may at once order the local authority to execute the works thereby directed, and the cost of executing the same shall be a charge on the property on which the said nuisance cxi sts.

 

  • Examination of premises

 

The local authmity or any of its officers or, on the order of a district administrator,  30 any police officer may at all reasonable times enter any building or premises for the purpose  of investigating as to the existence  of any nuisance  therein;  and the local authority or any of its officers may, if necessary, open up the ground of such premises

and cause the drains to be tested or such other work to be done as may be necessary

for the effectual examination  of the said premises:                                                                 35

 

Provided that if no nuisance is found to exist the local authority shall restore the premises at its o n expense.

 

  • Persons making complaint of nuisance

 

(1)Any three person.": Vho allege that a nuisance exists may notify the allegation to the local authority, supported by certificates of two medical practitioners,  if two or      40 more arc resident in the disttict, othenvisc by the certificate of one medical practitioner, and if the local authority falls within a reasonable time to cause the nuisance to be removed such persons may notify the Chief Health Officer or any health inspector of the 1lrinistry to cause the nuisance to be removed in tenns  of section 105, and if the chief health officer or environmental  health  officer fails within a reasonable  time to      45 cause the nuisance to be removed shall cause the cmnplaint relating to such nuisance to

be made before a magistrate in tenns of section 105(4), thereupon the like proceedings shall be had with the like incidents and consequences as to making of orders, penalties for disobedience  of orders and otherwise  as in the case of a cmnplaint  relating  to a nuisance made by the local authority:

 

5  Provided that the court may authorise any police officer or any other person to do all the necessary acts for executing an order made under this section, and to recover the expenses from the person on hom the order is made in a summary manner.

 

(2) Any police officer or other person authorised under this section shall have the like powers as if he or she were an officer of the local authority.

 10  (3) VVherc the cowi is satisfied that the person making a cmnplaint  under this section had reasonable grounds for doing so, the court may, Vhen making an order for the removal of the nuisance, also order the I ocal authority to pay any expenses or costs incuned by such person instead of ordering the author of the nuisance to pay the same. The court may like ise order any person hose complaint appears to it to be frivolou."::

15 or vexatious to pay the costs and expenses incuned by the person who has answered the complaint

 

111 Demolition of unfit dwellings

 

(1) Where under section 103(2) a nuisance is proved to exist with respect to a dwelling and if the court is satisfied that such dwelling is so dilapidated, or so defectively

20 constructed,  or so situated,  that repairs to or alterations  of the smne arc not likely to remove the nuisance m1d tnake such dwelling fit for hwnan habitation,  the cowi may order the owner thereof to commence to demolish the d elling and any other structures on the premises on or before a specified day, being at least one 1nonth from the date of issuing the order, and to complete the demolition  and to remove the materials which 25 comprised the same from the site before another specified day.

(2) The corui shall give notice to the occupier of a dwelling in respect of which such an order has been issued requiring him or her to move there from Vithin a time to be specified in such notice, a11d if m1y person fails to comply with such notice or enters the dwelling or premises after the date fixed by the comt for the commencement of the

30 demolition  thereof, except for the purpose of demolition,  he or she shall  be guilty of an offence and liable to a fine not exceeding level six or to ilnprisomnent for a period not exceeding six months or to both such fine and such imprisonment.

 

(3) If any person fails to comply with such an order for demolition he or she shall be guilty of an offence and liable to a fine not exceeding level six or to imprisomnent

35 for a period not exceeding six months or to both such fine and such imprisonment,  and the local authority  may cause the dwelling and any other shuctm·es on the premises to be demolished,  and may recover from the owner the expense incurred in doing so after deducting the net proceeds of the sale of the materials which the local authority may sell by auction.

 

40  (4) No compensation  shall be payable by the local authority to the owner or occupier of m1y d elling or other structure in respect of the demolition thereof as aforesaid, and from the date of the demolition order no rent shall be due or payable by or on behalf of the occupier in respect of such dwelling or stmcture.

 

112 Prohibitions in respect of back-to-back dwellings and rooms

45              without through ventilation

 

(1) Within every mban area, and also within any nmu area to which the l'viinister may, by statutory instrument apply this section, it shall not be lawful for aoy person- (a) to erect any dwelling constructed  on the back-to-back system; or

  • to erect any room intended to be used as a sleeping or living or work room which is not sufficiently lighted by a :vindow or windows of a total area of not less than one-tv.relfih of the floor area, and sufficiently ventilated by two or more ventilation openings  or by Vindows capable  of being wholly or partly opened, such windows  or openings  being so placed as to secure through or cross ventilation;  or
  • to erect any dwelling on made ground containing street sweepings, refuse, n1bbish or other matter liable  to decomposition  mtil  the approval  of the local authority  has been obtained  and until also such measures  for 10 safeguarding  health ha.re been taken as the local authority may require; or
  • to let or use for habitation any dwelling  or room erected  anywhere  in contravention  of paragraph (a), (b) or (c).

 (2)Any person who contravenes subsection (1) shall be guilty of an offence and 15 liable to a fine not exceeding level six or to imprisonment  for a period not exceeding

six months or to both such fine and such imprisonment

 

  • Health care waste management

 

  • T11e Ministry shall prescribe for the management of healthcare waste in all

health care deli very institutions.                                                                                                20

 

  • Pmsuant to subsection (1) the Minister may make regulations on health care waste 1nana.gement with regard to hazardous substances <.md articles of public health importance.

 

  • Sanitation technologies

 

The  responsibility to approve  and monitor  the implementation of sanitation 25 technologies  for disposal of human excreta and other hygiene enabling technologies

shall be with the IVlinistry responsible for health.

 

  • Regulations

 

  • The Minister may make regulations, and may confer powers and impose duties in connection Vith the carrying out and enforcement thereof on local authmities.  30 district administrators  and district officers, owners and others, as to-
  • the inspection of land,  dwellings  and  buildings,  and for securing  the keeping of the same clean and free from nuisance and so as not to endanger the health of the inmates or the public health;
  • the construction of buildings, including matters relating to- 35 (i) proper lighting and ventilation;
    • measures for excluding insects and vermin;
    • sanitary conveniences;
    • other matters necessary or desirable to safeguard the health ofthe

inmates or the public health;                                                                     40

  • the prevention of overcrowding  in any dwelling or building,  including the prohibition  of the use of any dwelling  or building  or any part of a dwelling or building for sleeping purposes;
  • the regulation, prohibition or control of the cooking, preparation or storage of food in any building or part of a building where the facilities therefor are inadequate;
  • the periodical cleansing and whitewashing or other treatment of dwellings

5  and the cleansing of land attached thereto and the removal of rubbish or refuse therefrom by the owners of the dwellings;

  • the drainage ofland or premises, the disposal of offensive liquids and the removal and disposal of rubbish, refuse, manure and waste matters;
  • the standard or standards of purity of any effluent liquid containing waste,

10  sewage or other offensive matter which might be a danger to the public health and the conditions whereunder such effluent may be used for domestic, agricultural, industrial or other purposes so as not to endanger the public health;

(h)   the keeping  of animals  or birds and the construction,  cleanliness  and

15                               drainage of places where animals or birds are kept;

(i)    the establishment and carrying on of factories or trade premises which are liable to cause offensive smells or effluvia or to discharge liquid or other material liable to cause such smells or ef11uvia or to pollute streams or which are othen.vise liable to be a nuisance or injurious or dangerous to

20 health, and prohibiting the establishment or carrying on of such factories or trade premises  in 1.msuitable localities  or so as to be a nuisance  or injurious or dangerous  to health.

                                                                        (2) Any person who contravenes  any provision of regulations  made in tenns

of subsection (1)  shall be guilty of an offence and liable to a fine not exceeding level

25 ten or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

 

 

PART XII

 

Pum.Jc HEALTH EMERGENaEs

 

116  Declaration of a State  of Public Health Emergency

 

30  Vlhenever  the President  has declared  a state of public emergency  in terms  of section 113 of the Constitution,  and he or she has ce11ified it to be of a public bealtb nature, the :rvfinister may tnake regulations specifying the tneasures to be taken to deal -vlth the emergency in consultation Vith the 1lrinlster responsible for administering the Civil Protection Act [Chapter 10:06].

 

 

35                                                                       PART XIII

 

Pu13uc HEALTH Fcl'IDS

 

117  Establishment and objects of public health funds

 

(1) The },finister shall establish one or more funds for public health pluposes (hereinafter  referred to as "the Fund').

 

40      (2) Subject to this Act, the o ject health services objectives and requiretnents  are tnet.

 

(3) The purpose scope, service and benefits of any fund created pursuant to this Act shall be provided for in the constitution of the Fund,

11B  Contributions to and use of public health funds

 

(1) The :rv:linister, subject to such conditions as he or she may in each case fix and determine, may use resources from the Public Health Funds to-

  • contribute towards the cost of construction, or maintenance of laboratories or other institutions engaged in carrying out researches or investigations

regarding human diseases or towards the cost of any such researches or investigations;

  • contribute towards the costs incurred by any local authority institution or any public voluntary society or association  in connection with  maternal  or child  health,  the  training  of environrnental health  10 practitioners and other cadres or any other matter relating to public health;
  • allocate grants frorn central governrnent budgets to local authorities, provincial health offices and non-state health agencies based on service contracts.

 (2) The Minister, subject to such conditions as he or she may in each case fix 15  and determine to raise resources for the Public Health Funds, may -

  • reqnire those who cause harm to health including through products, emissions,  processes  or activities,  to pay from  their ovvn resources  for the ensuring and sustaining inten·entions  to remedy them;
  • identify companies that1nay be offered tax incentives or rebates for taking 20 actions that reduce public health risks or promote health;
  • raise charges or fees for licences, assess1nents; inspections, penalties and other public health service charges  and for services  such as for health impact assessment,  public health inspections and other services;
  • require contributions from companies,  including those with high health    25 risks;
  • ilnpose financial penalties at prevailing 1na:rket rates, for contraventions of health laws for financial gain;
  • recover funds spent on public health emergencies and public health events

from the Consolidated  Revenue Fuud,                                                              30

 

  • Composition of the public health funds

 

  • The Funds shall consist of-
  • anv moneys that may be payable to the Fund from monevs appropriated for the purpose by an Act of Parliament; and
  • anv moneys that the Funds may obtain, with the approval ofthe Minister 35 and the Minister  responsible  for finance, by way of levies,  earmarked portions or surcharges on existing state appropriations;  donations, loans

or other financial assistance; and

  • charges levied or levies on activities or products consumed or sold that raise  particular  public  health  burdens,  together  with  any 40 surcharge payable thereon, paid in terms of Part l; and
  • any this Act or othen.vise.

 

  • Administration of the public health funds

 

  • Subject to this Act, the Funds shall be administered by a statutory body,                45
  • With the approval of the Minister. the statutory body shall open one or more banking accounts into which all moneys received on behalf of the Funds shall be paid. (3) Regulations shall be made with regard to the administration  of the Funds.

 

PART XIV

 

5                                                                           GENERAL

 

121 Domicile of persons  for purposes of this Act

 

VVhere any question arises as to the domicile of any person for the pmposes of this Act, it shall be referred to the lvfinister, but the !vfinister's decision may be reviewed by the high comt on application by the affected person.

 

10          122 Contracts in respect  of dwellings not to be affected

 

Except as specially  provided in section  105(5) and section 112. nothing in this Act shall prejudice the ren1edies of any mvner or occupier of a dwe111ng or premises for the breach, non-observance or non-petfonnance of any contract entered into by an o'vner or occupier in respect of which d elling or premises an order hm; been made 15 by the court or a local authmity under this Act.

 

  • Savings as to recovery of damages

 

Subject to section  124, nothing in this Act shall be construed  as depriving  any person of any right which he or she may possess to institute legal proceedings and to obtain damages in any com1of law for loss or injury sm;tained through the neglect of 20 any local authority or any person to perfonn any duty imposed by this Act or otherwise.

 

  • Protection of State and local authorities

 

VVhenever, in the exercise of any power conferred or in the perfonnance of any duties imposed upon the State or any officer thereof or a local authority or any officer thereof  under this Act or any other law relating  to public  health,  he or she or it is

25 alleged to have caused injury to any person or damage to any property or otherwise to have detrimentally  affected the rights of any person, whether in respect of property or otherwise, it shall be a defence in any legal proceedings founded on such an allegation and brought against the State or its officer or a local authority or its officer that the defendant or respondent ha.s used the best known or the only or n1ost practicable  and 30 available methods in the exercise of the power or the performance ofthe duties aforesaid. In the case of such proceedings  against  a local  authority  a certificate signed  by the Chief Health Officer that the defendant  or respondent  has, when regard is had to all the circrunstances,  used the best known or the only or nmst practicable  and available methods shall be accepted  by the coll11 as prima .facie evidence of that fact.

 

35          125  Accountability and Protection of officers

 

(1) Any individual,  acting alone or with others  may report  to any relevant authority any products,  activities or events that pose an imn1ediate public health risk.

                   (2)Any person Vho becomes a are of cases Vhere any of the provisions of this Act have been breached must report the matter as soon as practicable to the relevant 40       authorities.

 

(3)The  relevant authority to whom a report  has been made in terms of subsection.,;; (1) and (2) must take appropriate steps to investigate and address the report and must, within reasonable time, inform the person making the report of the findings of the investigations and the actions taken.

 

 

(4)  No repmt made  or action  taken  or thing  done  by the !vlinister  or by  a Government health officer or Director of health services  or approved veterinary surgeon or environmental health   officer or any generally or specially authorised officer of the State or of a local  authority in the exercise of any ptnver conferred or the perfonnance of any duty imposed by this Act shall subject  him or her  in his or her personal capacity  5

to <.my legal  proceedings 'vhatsoever,  provided such  report  'Vas made  or action  was taken  or thing  was done in good faith  and Vithout negligence.

 

  • Powers of entry and  inspection of  premises and  penalties for obstruction

 

  • In this section- 10

"authorised person"  tneans  health  officer or tnedical  or   enviromnental  health practitioner of the :Ministry, or any district adminis "ator

any police officer or any other person generally or specially authorised by the Minister, and any Director health services or environmental health practitioner or other person generally or specially authorised by the local authority.  15

 

  • Any authorised person, may,  at any hour  reasonable for the proper performance of the duty, enter any Iand or premises to make any inspection or to pe:tf om1 any work or to do anything which he or she is required or authorised by this Act or any other la to do if such  "::pectlon, work or thing is necessary for  or incidental to the pe1fonnance of his duties  or the exercise of his powers.                                                        20

 

  • The :rvlinister may instruct an authorised person when canying out his or her duties as set out tmder subsection (2),  to take measures that may limit  individual freedoms in tenus of section  86 of the C: onstitution-
  • in order to prevent wilful and intentional harm to health;   or
  • in order to protect minors and people  with limited  legal capacitv;  or 25 (c) where  there  is an endangerment to public

 

  • Any person Vho fails to give or refuses  access  to any officer, inspector or person  mentioned in or authorised under subsection (2) lf he or she requests entrance on any land or premises, or obstructs or hinders him or her in the execution of his duties under  this Act,  or who fails or refuses  to give infonnation that he or she may lavvfully      30 be required to give to such  officer,  inspector or person,  or who gives  to such  officer, inspector or person false or misleading information knovving it to be false or misleading, or who prevents the OVIIer or any of his or her servants or Vorlanen from ente1ing any land or d elling or premises for the purpose of complying Mth  any requirement under this Act, shall  be guilty  of an offence  and liable  to a fine not exceeding level  five or      35 to itnprisomnent for a period  not exceeding six n10nths or to both such  fine and such imprisonment.

 

  • Penalties for fraudulent conduct in connection with certificates under this Act

 

Any person  who-                                                                                                                40

  • for the purpose of obtaining any  certificate under  this Act,  makes any false statement or is a party to any false pretence or conduct, knowing it to be false; or
  • forges or falsifies  any certificate under this Act or utters any such forged or falsified certificate, knowing it to be fOrged or falsified; or 45

 

  • uses or attempts to use  any  document as  a certificate under  this Act, knowing it to be a forged  or falsified docurnent or certificate;

 

shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period  not exceeding  hvo years or to both  such fine and such ilnprisomnent.

 

  • The duty to remedy breach

 

5  The fv11nister may, by order, require any person who has acted in contmvention of this Act to implement  measures  as specified by the Miuister to remedy  any hann caused lvithin a prescribed time period.

 

129 Penalties were not expressly provided

 

Any  person  guilty  of an offence  against,  or contravention of,  or default  ln

10 complying  Vith, any provision  of this Act shall, if no penalty is expressly  provided for such offence. contravention  or default, be liable to a fine not exceeding level four or to ilnprisomnent  for a period not exceeding three tnonths or to both such fine and such imprisonment

 

130  Burden of proof  as to knowledge of infection or risk

 

15                 In any legal proceedings,  criminal or civil, under this Act relating to-

(a)    an infectious or communicable disease, or to any article or thing alleged to ha.'e been exposed to or contaminated with the .infection thereof, whene.rer it is an issue in the proceedings  that the accused or the defendant knew that he or she or any other person was infected with such disease, or that

20                               such article or thing had been so exposed or was so contaminated;

(b)    a condition of public health importance or public health risk, whenever it is an issue in the proceedings  that the accused or defendant knew of the existence of the condition:

he or she shall be deemed to have had such knmvledge  unless he or she satislies the 25 comt to the contrary.

 

  • Defect in form not to invalidate

 

No defect in the fonn of any notice given or order made under this Act shall invalidate or render unlawful the administrative  action, or be a ground for exception to any legal proceedings  which may be taken in the matter to which such notice or order 30 relates, provided the requirements  thereof are substantially and intelligibly set forth.

 

  • Service of notices

 

Whenever  under this Act any notice, order or other docmnent is required  to be given to any person, the same shall be deemed to be sufficiently served if sent by registered post addressed to hiln or her  at his or her last known place of abode or left

35 thereat with him or her personally or with some adult inmate thereof: and in the case of a notice, order or other document  required to be given to an owner or occupier of land or premises Vhose abode, after inquiry, is unknown, the smne shall be deemed to be sufficiently served if posted up in some conspicuous place on such land or premises. It shall not be necessary in any notice, order or other docmnent given to an owner or

40 occupier  of land or premises to name him or her, but the notice,  order or docmnent shall describe him or her as the OTier or occupier of the land or premises.

 

  • Powers of local authority outside its district

 

Nothing in any law specially  goveming  any local authority  shall be construed as preventing such local authority frmn exercising any power or perfonning any duty under this Act by reason only that in exercising such power or performing  such duty it must do some act or thing or incur expenditure outside its district.

 

  • Provisions of this Act in relation to other laws

 

Save as is specially provided in this Act, this Act shall be deemed to be in addition  
to and not in substitution for any provisions of any other law which are not in conflict

or inconsistent  vvith this Act:

 

Provided that where any other law, apmt from the constitution,  is in conflict

or inconsistent  with this Act, this Act shall prevaiL

 

135 Scope and application of proclamations and regulations

 

5
(1)              Any proclamation, regulation, notice or order issued under this Act may be

expressed to be in addition to or in substitution  for any llke document issued by any

local authority,

(2)              Any proclamation, regulation, notice or order issued under this Act may be  expressed to apply throughout Zimbabwe or any specified or defined part thereof

10
(3) Any proclamation, regulation, notice or order issued uoder this Act may be

amended or rescinded by the authority hich issued it.

 

136  Application of Act to State

 

(l) Except as otherwise explicitly  provided for, this Act is applicable  to the State,

 

15
(2) Nothing contained in this Act shall be construed as conferring any pmvers

or imposing any duties upon a local authority in respect of any land or premises owned or occupied by the State for militmy purposes,

 

137 Regulations

 

(l) The Minister may make regulations  providing for-

20
(a)      public health standards and guidelines;

(b)      the conduct and perfon11ance of community health workers and non-state actors in matters of public health;

(c)      discontinuing  processes or activities that cause public health risks;

(d)      measures to be taken to rectifY harm to public health;

25
(e)       standards for specil1c risks including the sale of meat of small livestock;

(f)       the requirements for health irnpact assessments

(g)      control measures  to be implemented  before certain high risk activities can take place;

(h)      codes of practice for specif1c industries, services, activities, undertakings,

30
products or practices where public health is concerned.

 (2) Any person who contTavenes any provision of regulations  made in tenns of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding hvo years or to both such fine and such imprisonment.

 

35
                                            138 Savings and Transitional Provisions

(1) Any regulations, by laws or notices which, innnediately  before the fixed date, where in force tmder the Public Health Act [Chapter 15:09] shall continue in force, mutatis mutandis,  as if they had been in terms of this Act.

40

 

(2) Any licence, certificate, authority or permit  which  was issued  in tenus of the Act refeJTed to in subsection (l) and which had effect, immediately before the fixed date shall continue to have effect,  1nutatis n1utandis, for the remainder of its period  of validity  as if it had been issued  under  the appropriate provision of this Act.

5  (3) Any  price,  levy,  charge,  surcharge or fee  which,  immediately before  the fixed date was chargeable Vithin any area in respect of public health  shall on and after the 1ixed date and until alternative provision is made in terms  of this Act,  continue to be chargeable.

(4) Subject  to tlris Act,  'my right in or over hmd or water  which innnediately

10 before  the  fixed  date.  vested  in  any  undertaking in  terms  of the former Act  or any enactment repealed by the fanner Act shall,  on and after  the lixed  date,  continue to vest in the undertaking concerned as if it had been acquired in tenus of this Act.

(5)  Subject  to this Act,  any  pennission granted, direction or order  given  or other thing whatsoever made, done or commenced hlch immediately before the fixed

15 date, had or was capable of acquiring force and effect in tenus of the fanner Act shall, on 'md after the fixed date,  continue to have,  or, as the case  may  be, to be capable of acquiring, force  and  effect  as if it had been  granted,  given.  made.  done,  ordered,  or commenced, as the case may  be, in terms of this Act.

 

139  Repeal of Chapter 15:09

 

20                  The Public Health Act  [Chapter 15:09],  is hereby  repealed.

 

FIRST SCHEDULE (Section 4)

 

PROVTSIOT"S APPLICABLE TO  BOARD

 

Paragraph

  1. Interpretation in Fi1t

25            2.  Disqualification for appointment as 1ne1nber.

  1. Expiry of membership and re-appointment of members.
  2. Vacation of office by appointed members of Board.
  3. Dismissal of office by members of the Board.
  4. Filling of vacancies of Board.

30            7.  Meetings and procedure of Board.

  1. Committees of Board.
  2. 11nutes
  3. Validity of decisions and acts of Board  and connnittees.

 

Interpretation in Fir5,"t Schedule

 

35                    I. In this Schedule- "member"-

  • means a member of the  Board:

 

  • in relation to a statutory includes  a person who is appointed to a  Commission or other authorit·y vvhich is a statutory  body or which

"J                          is :responsible for the administration of the affai1of a statutory  body;

''statutory body'' Ineans-

  • 'my Comnrission established by the Constitution;

 

  • any body  corporate established directly by  or under  any  Act  of Parliament for special  purposes specified in that Act

 

Disqualification  for appointment as member

 

  1. (1) Subject to this Act, a person  shall  not  be qualified for  appointment as a n1e1nber

if-                                                                                                                                                   5

  • he or she not is a cltl zen of Zlmbab e or ordinarily resident ln Zimbabwe;

or

  • he or she has, in terms of a law in force in any country-
    • been adjudged or otherwise declared insolvent or bankrupt and has

not been rehabilitated or discharged; or                                                     10

  • made an assignment or composition with his or her creditors which

has not been rescinded or set aside;

or

  • within the period of five years immediately preceding his or her proposed

appointment, he or she has been sentenced in any country by a cmnpetent       15

cowt  to a term  of imprisonment imposed Mthout the option  of a fine.

whether or not  any  portion thereof   has  been  suspended, and  has  not

received a free pardon;  or

  • he or she is a member of Parliament.

(2)  A person shall not be qualified for appointment as a member,  nor shall he or she         20

hold office as a member, if he or she ls a member of two or more other statutory bodies.

 

Expiry of membership and re-appointment  of members

 

  1. (l) On the expiry of the period for which  a member has been appointed, he or she shall continue to hold office until he or she has been re-appointed or Iris or her
successor has been appointed:

Provided that a member shall not continue to hold office in terms  of tlris sub-

section for more than six months.

 

(2)  A person  who ceases  to be a member shall  be eligible  for re-appointment

for only one more  term.

 

25
Vacation of office by members 

 

4. (1)  A member shall vacate lris or her office aud lris or her office shall become vacant-

(a)  one 1nonth after the date he or she gives notice in writing  to the :rvfinister of his or her intention to resign his or her office or after the expiry  of such

30
other period  of notice  as he or she and the J-linister may agree;  or

(b)  on the date he or she be rins or not any portion  has been suspended, ilnposed without  the option  of a fine-

(i)   in Zimbabwe, in respect of an offence;  or

35
(ii)    outside  Zimbabwe, in respect  of conduct wlrich,  if committed in

Zimbabwe, would have constituted an offence;

or

(c)  if he or she becomes disqualified in terms  of paragraph 2 to hold  office as a member.

40

 

(2) T11e lvfinister may require an appointed member of the Board to vacate his or her office if the member-

(a) has been guilty of conduct which renders him or her unsuitable to continue to hold office as a member; or

5 (b)     has failed to comply with any condition of his or her office fixed in tenns of section 4(8); or

(c) is mentally or physically incapable  of efficiently perf01ming his or her duties as a tnember.

 

(3) The lvfinister, on the recommendation of the Board, may reqnire a member

10 to vacate his or her of1ice if the !v1inister is satis1ied that the me1nber has been absent without the consent of the chairperson from three consecutive meetings of the Board, of which he or she has been given due notice in terms of paragraph 7, and that there was no just cause for the tnetnber's absence.

 

Suspertsion of members

15  5.   The .Minister may suspend  frmn  office a member  against  whom criminal proceedings are instituted for an offence involving dishonesty and, whilst that member is so suspended, he or she shall not carry out any duties or be entitled to any remuneration or allowances  as a tnember.

 

Filling of vacancies on Board

20                6. On the death of, or the vacation of office by, a member his or her office shall be filled within three months.

 

Meetings and procedure of Board

 

  1. (1) The Board shall hold its first meeting on a date and place fixed by the lvfinister, and thereafter shall meet for the dispatch of business aud adjourn, close aud 25 othenvise  regulate its 1neetings and procedure as it thinks fit:

 

Provided that the Board shall meet at least once every three months.

 

(2)  Written notice of an ordinary 1neeting convened in terms of the proviso to subpamgraph  (1) shall be sent to each member not later than seven working days before the meeting, together with an agenda for the meeting.

                   30         (3)  The chairperson-

  • may convene a special meeting of the Board at any time;  and
  • shall convene a special meeting of the Board on the written request of the 1Jinister or not fewer  than  two members,  'vhich 1neeting shall be convened for a date not sooner than seven days and not later than thirty 35 days after the chairperson's receipt of the request.

 

  • V ritten shall be sent to each member not later than forty-eight hams  before the meeting and shall specify the business for Vhich the meeting has been convened.
  • No business shall be discussed at a special meeting convened in terms of

40        subparagraph (3) other than-

  • such business as may be determined by the chairperson, where he or she convened the 1neeting in terms of paragraph 3(a);  or
  • the business specified in the request for the meeting, where the chairperson convened the meeting in terms of paragraph 3(b).

 

(6) The chaitperson or, in his or her absence, the vice-chaitpet on at all meetings of the Board:

 

Provided that, if the chaitperson and vice-chairperson are both absent from any meeting of the  Board,  the members present  may elect  one of their number to preside  
at that meeting as chairperson.

(7)    A majority of members shall form a quorom at any meeting of the Board.

(8)    All acts, matters or things,  authorised or required to be done by the Board

may be decided by a majmity vote at any 1neeting  of the Board  at which  a quonnn is present.

 

5
Provided that  in the event  of an equality of votes  the chairperson or person

presiding at the meeting shall have a casting  vote in addition to his or her deliberative

vote.

 

(9)  With  the Board's approval, the chaitperson of the Board  may invite  any

person to attend a meeting of the Board or a committee, here the chairperson considers

10
that the person  has special knm.vledge or experience in any matter  to be considered by

the Board  or the committee, as the case may be, at that meeting.

 

(10)  A person invited to attend a 1neeting of the Board or of a committee in tenns

of subparagraph (8) may take part in the proceedings of the Board or the committee as if he or she were a member thereof, but he or she shall not have a vote on any question

15
before  the Board  or com1nittee,  as the case 1nay be.

 

(ll) Any proposal  circulated among  all members and agreed to in writing by a

majority of them shall have the same effect as a resolution passed  at a duly constituted meeting of the members and shall be incorporated into the minutes of the next succeeding meeting of the Board:

 

20
Provided that if a member requires that  such  a proposal be placed  before  a

meeting of the Board,  this subparagraph shall not apply to the proposal.

 

Committees  o.f'Board

 

8. (1)  For the better exercise of its f1mctions the  Board may establish one or more committees in which  the  Board  may  vest its function.,;; as it considers appropriate:

 

25
Provided that  the  vesting  of  any  fnnction in  a committee shall  not  divest

the Board  of that fuuction, and the Board  may  amend  or rescind  any decision of the committee in the exercise of that ftmction.

 

(2)  On the establishment of a committee in tem1s of subsection (l), the Board- (a)  shall  appoint at least  one  member of the   BoaTd as a member of the

30
committee, and that member or one of those  members, as the case  may

be, shall be chaitperson of the committee;  and

(b)    may appoint  as tnetnbers of the committee persons Vho are not tnetnbers of the  Board  and may fix terms  and conditions of their appointment.

 

(3)  Meetings of a committee may  be convened at any time  and at any place

35
by the chaitperson of the Board. 40

 

  • If the chairperson of  a committee is  absent  from  any  meeting of  the committee, the tnetnbers present may elect one of their number to preside at that meeting as chairperson.

 

  • A majority of members of a committee shall form a quorum at any meeting

of a committee.                                                                                                                             45

 

  • Anything authorised or required to be done by a conuuittee may be decided by a majority vote at a meeting of the committee at hich a quorum is present.

 

  • At all meetings of a committee each member present shall have one vote on each question before the committee:

 

5  Provided that  in the event  of an equality of votes  the chairperson or person presiding at the meeting shall have a casting  vote in addition to his or her deliberative vote.

 

(8)  Subject  to this paragraph, the procedure to be followed at any meeting of a committee shall  be as fixed by the Board.

 

10                                     .1inutes

 

  1. (1) The Board  shall  cause  minutes of all proceedings of and decisions taken at eve1y meeting of the  Board  and of every  cmnmittee to be entered in books kept for the purpose.

 

(2)  Any 1uinutes  referred  to in subparagraph (1) which  pmport to be signed

15 by the person presiding at the n1eeting to which  the minutes relate  or by the person presiding at the  next  following meeting of the  Board  or the  committee concerned, as the case may  be, shaH be accepted for all purposes as prima facie evidence of the proceedings and decisions taken at the meeting concerned.

 

(3) The Board and any con.nnittee of the Board shall cause copies of all minutes

20 that have been signed  as provided in subparagraph (2) to be sent to the Miuister for his or her information.

 

Validity a,_{ decisions and acts of Board and committees

 

  1. No decision or act of the Board or a connnittee or act that is authorised by the Board  or a committee shall  be invalid solely  becau<:>e there  was a vacancy  in the

25 n1e1nbership of the Board or the committee or because a disqualified person  purpmted to act as a n1ember of the  Board  or the committee, as the case may be, at the tin1e the decision Vas taken  or the act Vas done or authorised.

 

SECOND SCHEDULE (Section 4(2))

 

 

ANCILLARY  POWERS  OF BOARD

 

30 L To acquire premises necessary or convenient for the exercise of its functions and for that purpose to buy, take on lease  or in exchange, hire or otherwise acquire immovable property and any interest  therein  and any rights concessions, grants. powers  and privileges in respect  thereof.

 

  1. To buy, take in exchange, hire or othenvise acquire movable property necessary 35 or convenient for the exercise of its flmctions.

 

  1. To maintain, alter or improve property acquired by it.

 

  1. To n10rtgage any assets, or pa:tt of any assets a:tld, Vith the approval of the :Minister, to sell, exchange, lease,  dispose  of turn  to account or othenvise deal  with  any assets or part of any assets which are not required for the exercise of its functions 4()  for such consideration as it may detennine.

 

  1. To open bank accounts in the nmne of the Board and to draw, 1nake, accept, endorse, discoLmt, execute <.md issue for  the purposes of its functions promissmy notes, bills of exchange, securities and other negotiable or transferable instruments.

 

  1. To insure against losses, da!nages, risks and liabilities Vhich it may incur.

 

  1. VVith the approval of Minister, to establish and administer such funds and reserves not specifically provided  for in this Act as the Board considers  appropriate  or necessary for the proper exercise of its functions.

 

  1. To pay such remuneration and allm·vances and grant such leave of absence and   5 to make such gifts, bonuses and the like to staff of the Board as it considers lit,

 

9,  To provide pecuniary benefits for stalf ofthe Board on their retirement, resignation, discharge or other te1mlnation of sen'ice or in the event of their sickness or injury and for their dependants,  and for that purpose  to effect policies  of insurance,

provident funds or make such other provision as may be necessary to secure for      10 its stalf aud their dependants  auy or all of the pecuniary  benefits to which the provisions of this paragraph relate,

 

  1. To purchase, take on lease or in exchange or othenvise acquire land for residential purposes or d'ellings-houses for use or occupation by staff of the Board.

 

  1. To construct dvvellings, outbuildings or ilnprovements  for use or occupation  by 15 1ne1nbers of the Board.

 

  1. To provide or guarantee loans made to me1nbers of the Board for the purchase of dwelling-houses or hmd for residential purposes,  the construction  of dwelling- houses and the improvement of dwelling houses or land which are the property of its members, subject to any conditions that may be imposed by the Board from      20

time to tilne.

 

  1. To provide security in respect of loans by the deposit of securities, in vvhich the Board 1nay invest such 1noney as it may consider necessary for the purpose.

 

14,  Subject to any conditions that  may be imposed by the Board from time to time, to provide loans to any 1ne1nbers of the Board-                                          25

 

  • for the purpose of purchasing vehicles or other equipment to be used by the members in carrying out their duties; or
  • not exceeding six months' salary or ages payable to the members concen1ed, for any purpose on such security as the Board thinks adequate,

15,  To do anything for the purpose of improving the sl,ill, knowledge or usefulness of 30 1ne1nbers of the Board, and in that cmmection to provide or assist other persons in providing facilities for training,  education and research, including the a arding of scholarships for such training,

 

  1. To engage in any  activity,  either  alone  or in conjunction with  civil  society organizations and other organizations or intenmtional agencies, to prmnote better 35 tmderst<.mding of gender issues.

 

17,  To do an:ything which by this Act or auy other enactment is required or permitted to be done by the Board,

 

18,  Generally  to do all such things  that are conducive  to the perfonnance of the functions of the Board in te1ms of this Act or any other enactment.  40

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