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National Service Act
Act 19/1979, 22/2001 (s. 4
ARRANGEMENT OF SECTIONS
- Short title.
- Meaning of “resident”.
DIRECTOR OFSECURITY MANPOWER AND REGISTRATION OFRESIDENTS
- Director of Security Manpower.
- Registered address.
- Furnishing of registration certificate and particulars.
- Duty to furnish information.
NATIONAL SERVICE OTHER THAN EMERGENCY NATIONAL SERVICE
- Liability to undergo Phase I and Phase II Service.
- Volunteering for Phase I Service.
- Call-up for Phase I Service.
- Phase I Service.
- Phase II Service.
- Resident who has completed Phase II Service to remain in designated Service concerned.
- Computation of periods of service.
- Failure to perform National Service in terms of this Part.
EMERGENCY NATIONAL SERVICE
- Emergency National Service.
- Volunteering for emergency National Service.
- Residents deemed to be undergoing Phase II Service 20. Failure to perform emergency National Service.
MEDICAL AND OTHER EXEMPTION
- Residents exempt from National Service.
- Medical exemptions.
- Exemption boards.
- Conscientious objection.
- Conditions of National Service and transfer of persons from one designated Service to another.
- Engagement of non-residents.
- Co-operation of employers.
- Causing person to refuse or fail to carry out National Service.
- Restrictions on certain residents.
- Certificate of service.
- Certificate of Director to be evidence.
AN ACT to provide for the registration, liability for National Service and exemption from that liability of residents; and to provide for matters incidental to or connected with the foregoing.
[Date of commencement: 1st January, 1980.]
1 Short title
This Act may be cited as the National Service Act [Chapter 11:08].
(1) In this Act—
“certificate of registration” means a certificate prescribed for the purposes of registration under this Act;
“Commander” means, subject to subsection (3)—
- in relation to the Defence Forces, the Commander of the Army or the Air Force;
- in relation to the Police Force, the Commissioner of Police;
- in relation to the Prison Service, the Commissioner of Prisons;
- in relation to the Ministry responsible for home affairs, the Secretary of that Ministry;
- in relation to a designated Service referred to in paragraph (c) of the definition of “designated Service”, the person specified in terms of subsection (2) to be the Commander of that designated Service;
“designated Service” means— (a) any Force; or
- the Ministry responsible for home affairs; or
- such other Ministry, department, body or organization as may, in terms of subsection (2), be declared to be a designated Service for the purposes of this Act;
“Director” means the Director of Security Manpower referred to in subsection (1) of section four;
“emergency National Service” means service in terms of Part IV;
“exemption board” means an exemption board appointed in terms of subsection (1) of section twenty-three;
- any of the Defence Forces; or
- the Police Force; or
- the Prison Service;
“Minister” means the Minister of Defence or any other Minister to whom the President may from time to time assign the administration of this Act;
“National Service” means any service rendered in terms of this Act;
“Phase I Service” means service referred to in subsection (2) or (4) of section twelve;
“Phase II Service’’ means service referred to in subsection (2) or (4) of section thirteen;
“register” means register in terms of subsection (1) or (2) of section five;
“registered address” means an address or change of address notified in terms of regulations referred to in subsection (1) of section six and “registered residential address” shall be construed accordingly;
“repealed legislation” means any enactment repealed by this Act, the National Service Act, 1976 (No. 35 of 1976) or the Defence Act [Chapter 11:02], and any regulations relating to service or employment under the Defence Act [Chapter 11:02] made in terms of the Emergency Powers Act [Chapter 11:04]; “resident” means any person who in terms of section three is a resident for the purposes of this Act.
- The Minister may, by notice in a statutory instrument, declare any Ministry or department of the State or any body or organization whatsoever to be a designated Service for the purposes of this Act and shall specify the person who shall be the Commander of that designated Service.
- Any reference in this Act to the Commander, in relation to any National Service, shall be read and construed as a reference to the Commander of the designated Service in which the National Service is being or is to be rendered.
3 Meaning of “resident”
- Subject to this section, any male who— (a) resides permanently in Zimbabwe; or (b) has, whether before or after the 1st January, 1980, resided in Zimbabwe for a continuous period of six months or for periods which amount, in the aggregate, to not less than six months in any period of twelve months; shall be a resident for the purposes of this Act.
- A person referred to in subsection (1) shall cease to be a resident if he— (a) has left Zimbabwe with the intention of departing permanently therefrom; and (b) has been absent from Zimbabwe for a continuous period of twelve months or more.
- The following persons shall not be residents—
- any person serving in any foreign naval, marine, army, air or police force, which is co-operating with the Defence Forces;
- any person in the service of the government of a foreign country who is not a citizen of Zimbabwe;
- a member of the Regular Force of any branch of the Defence Forces as defined in the law relating to the conditions of service of members of such branch;
- a member of the Regular Force of the Police Force as defined in the law relating to the conditions of service of members of the Police Force;
- a member of the Prison Service, other than a person who is such a member in pursuance of this Act;
- a member of such branch of any Force, other than a branch referred to in paragraph (c), (d) or (e), as may be prescribed.