Chapter 11:10

Police Act

Acts 2/1995; 9/1997 (s. 10), 22/2001 (s. 4), 23/2004 (s. 282)

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

NAME, COMPOSITION AND COMMAND

3. Name of Police Force.
4. Composition of Police Force.
5. Appointment of Commissioner of Police.
6. Terms and conditions of service of Commissioner.
7. Removal from office of Commissioner.
8. Powers and functions of Commissioner.
9. Standing orders.
10. Delegation of Commissioner’s functions.
11. Policy directions by Minister.
12. Compliance with directions of Attorney-General.
13. Reports by Commissioner.

PART III

APPOINTMENT, PROMOTION, FUNCTIONS, DISCHARGE, RETIREMENT AND CONDITIONS OF SERVICE OF MEMBERS OFPOLICE FORCE

14. Appointment, promotion, discharge, etc., of officers.
15. Appointment, discharge, etc., of non-commissioned members.
16. Promotion of non-commissioned members.
17. Publication of appointments and promotions of officers.
18. Reappointments and acting ranks.
19. Powers and duties of members.
20. Discharge on medical grounds.
21. Discharge on redundancy.
23. Conditions of service of Regular Force members.
24. Powers and authority to cease on vacation of office.
25. Retirements and resignations in times of emergency, etc.
26. Appointment of ancillary members.

PART IV

POLICE CONSTABULARY

27. Establishment of Police Constabulary.
28. Co-operation of employers.

PART V

DISCIPLINE

29. Contravention by member of Act or order thereunder an offence 29A. Trial of member for offence and jurisdiction or court or tribunal.
30. Composition of boards of officers.
31. Review of proceedings of board of officers.
32. Member may elect trial by magistrates court.
33. Appeal from board of officers to High Court.
34. Trial before court consisting of one officer.
35. Procedure at trials under this Act
36. Summoning and examination of witnesses.
37. Penalty for contempt of officer or board of officers.
38. Certain provisions of Cap. 9:07 not to apply in prosecutions.
39. Penalties recoverable by stoppages from pay.
40. Liability of person for offence committed while member.
41. Completion of sentence of imprisonment before vacation of office.
42. Places for imprisonment and issue of warrants.
43. Power to arrest members.
44. Period of illegal absence or imprisonment to count as service.
45. Legal representation of accused at trial.
46. Place of trial of member by magistrate.
47. Suspension of members.
48. Procedure on conviction of member for certain offences.
49. Discharge following conviction or inquiry.
50. Board of inquiry: procedure where member unsuitable or unfit to remain in Regular Force or to retain his rank, seniority or salary.

PART VI

POLICE SERVICE COMMISSION

52. Term of office of members of Police Service Commission.
53. Resignation of members of Police Service Commission.
54. Conditions of service of members of Police Service Commission.
55. Functions of Police Service Commission.
56. Procedure of Police Service Commission.
57. Staff of Police Service Commission.
58. Reports of Police Service Commission.
59. Validity of acts and decisions of Police Service Commission.

PART VII

GENERAL

60. Commissioner may take over premises etc., in time of emergency.
61. Prohibition of certain dealings in connection with certain articles.
62. Receiving State property illegally disposed of.
63. Justice of the peace may issue warrant to search for State property.
64. Personation and evasion of duty.
65. Obtaining admissionto Police Force by means of false certificate, etc.
66. Wearing of uniforms, badges, etc. of Police Force.
67. Non-liability for acts done under irregular warrant.

67A. When police officer or constabulary member deemed to be acting in execution of duty 68.           Salary or allowance not to be ceded or assigned.

69. Rewards for extraordinary diligence or exertion.
70. Limitation of actions.
71. [Repealed]
73. Transitional provisions and savings. SCHEDULE: Offences.

AN ACT to provide for the establishment, organization and control of the Police Force; to provide for the functions of the Police Service and the conditions of service of its members; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 1st October, 1995.]

WHEREAS sections 93, 94 and 95 of the Constitution provide as follows—

93. (1) There shall be a Police Force which, together with such other bodies as may be established by law for the purpose, shall have the function of preserving the internal security of and maintaining law and order in Zimbabwe.

• Subject to the provisions of an Act of Parliament, the Police Force shall be under the command of the Commissioner of Police, who shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.
• An Act of Parliament shall make provision for the organization and administration of the Police Force, including the appointment of persons to offices or ranks in the Police Force, their discipline and removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.

94. (1) There shall be a Police Service Commission which shall consist of—

• a chairman who, subject to the provisions of section 74 (3), shall be the chairman of the Public Service Commission; and
• not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.

(2) The persons to be appointed under subsection (1) (b) shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment as members, and at least one such member shall be a person who has held senior rank in the Police Force for periods which in the aggregate amount to at least five years.

95. The functions of the Police Service Commission shall be to tender such advice and do such other things in relation to the Police Force as are provided for by this Constitution or by or under an Act of Parliament.

AND WHEREAS it is desirable to make further provision for the Police Force and the Police Service Commission:

NOW, THEREFORE, be it enacted by the President and the Parliament of Zimbabwe as follows— PART I