Ex-Political Prisoners, Detainees, And Restrictees Act [Chapter 17:10]

CHAPTER 17:10
EX-POLITICAL PRISONERS, DETAINEES, AND RESTRICTEES ACT
Act 20/2004
ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Interpretation.
3. Ex-Political Prisoners, Detainees and Restrictees Fund.
4. Income of Fund.
5. Object of Fund.
6. Application of Fund.
7. Benefits and establishment of schemes.
8. Holding of Fund.
9. Payments out of Fund.
10. Accounts and audit of Fund.
11. Establishment of Ex-Political Prisoners, Detainees and Restrictees Board.
12. Functions of Board.
13. Powers of Board.
14. Reports of Board.
15. Vetting Committee.
16. Appeals from decisions of Board.
17. Minister may give directions to Board.
18. Inalienability of assistance.
19. Director of Ex-Political Prisoners, Detainees and Restrictees and other staff.
20. Beneficiary to report receipt of assistance from any other source.
21. Offences and penalties.
22. Repayment of sums overpaid.
23. Regulations.
SCHEDULE : Provisions applicable to the Board.
To provide for the establishment of schemes for the provision of assistance to ex-political prisoners,
detainees and restrictees and their dependants; to provide for the establishment of a fund to finance
such assistance; to provide for the constitution and functions of the Ex-Political Prisoners, Detainees
and Restrictees Board; and to provide for matters incidental to or connected with the foregoing.
[Date of commencement .1st February, 2005]
1 Short title
This Act may be cited as the Ex-Political Prisoners, Detainees and Restrictees Act [Chapter 17:10].
2 Interpretation
In this Act—
“assistance” means any assistance rendered out of the Fund to an ex-political prisoner, detainee or restrictee
or a dependant of a living or deceased ex-political prisoner, detainee or restrictee;
“Board” means the Ex-Political Prisoners, Detainees and Restrictees Board established by section eleven;
“dependant”, means—
(a) a child, including a step-child, legally adopted child or child born posthumously, who has not
attained the age of eighteen years and is or was at the date of death of the ex-political prisoner,
detainee or restrictee dependent upon him or her for support; or
(b) a widow or widower of an ex-political prisoner, detainee, or restrictee;
as the case may be;
“Director” means the Director responsible for Ex-Political Prisoners, Detainees and Restrictees’ benefits
referred to in section nineteen;
“ex-political prisoner, detainee or restrictee” means any person who after the 1st January, 1959, was
imprisoned, detained, or restricted in Zimbabwe for a period of at least six months, or for two or more
periods amounting to not less than six months, for political activity in connection with the bringing
about of Zimbabwe’s independence on the 18th April, 1980;
“Fund” means the Ex-Political Prisoners, Detainees and Restrictees Fund established by subsection (1) of
section three;
“Minister” means the Minister of Public Service, Labour and Social Welfare or any other Minister to whom
the President may, from time to time, assign the administration of this Act;
“registered”, in relation to an ex-political prisoner, detainee or restrictee, means included in the register kept
in terms of paragraph (a) section twelve;
“scheme” means a scheme established in terms of section seven;
“vocational training” includes any form of education or training which, in the opinion of the Minister, will
permit an ex-political prisoner, detainee or restrictee to support himself or herself and his or her
dependants or will increase his or her capacity to do so.
3 Ex-Political Prisoners, Detainees and Restrictees Fund
(1) There is hereby established a fund to be known as the Ex-Political Prisoners, Detainees and Restrictees
Fund.
(2) The trustee of the Fund shall be the Minister, in whom the Fund shall be vested and who, subject to this
Act, shall have the sole management, control and use of the Fund.
4 Income of Fund
The Fund shall consist of—
(a) moneys appropriated for the purpose of the Fund by Parliament; and
(b) any gifts or grants made to the Fund by any person or authority or by the government of any country;
and
(c) any interest derived from or increase in any assets of the Fund in any form whatsoever; and
(d) any other moneys to which the Fund may be lawfully entitled.
5 Object of Fund
Subject to this Act, the object to which the Fund is to be applied shall be the rendering of assistance in terms
of this Act to ex-political prisoners, detainees and restrictees and their dependants.
6 Application of Fund
In order to give effect to the object of the Fund, the Fund may be applied to any one or more of the
following—
(a) grants to ex-political prisoners, detainees or restrictees and their dependants who lack means of
subsistence;
(b) grants for the physical, mental or social rehabilitation of ex-political prisoners, detainees or restrictees;
(c) grants for manpower development with a view to providing ex-political prisoners, detainees or
restrictees with academic, technical, vocational or other skills or any other training necessary to equip
them for employment or gainful occupation;
(d) the provision of loans, whether with or without interest, and financial, technical, managerial or any other
form of assistance to ex-political prisoners, detainees or restrictees involved in income -generating
projects, whether as individuals or as members of groups, associations or co-operative societies;
(e) grants for funeral expenses in respect of ex-political prisoners, detainees or restrictees.
7 Benefits and establishment of schemes
(1) The Minister shall by statutory instrument prescribe—
(a) the following benefits payable to an ex-political prisoner, detainee or resrictee, his or her spouse, and his
or her dependants referred to in paragraph (a) of the definition of “dependant” in section two—
` (i) educational benefits, which shall consist of free education at a State or Government primary,
secondary and tertiary educational institution; and
(ii) medical and dental benefits which shall consist of free medical and dental treatment at a State or
Government health institution;
and
(b) a funeral assistance benefit payable in respect of a deceased ex-political prisoner, detainee or restrictee;
and
(c) a monthly pension payable to an ex-political prisoner, detainee or restrictee, which shall not be less than
the minimum salary received by a member of the Public Service at any time, and a monthly survivor's or
child's pension payable to the dependants of a deceased ex-political prisoner, detainee or restrictee.
(2) The Minister shall prescribe a gratuity, payable once only, to an ex-political prisoner, detainee or
restrictee.
(3) Subject to subsections (4) and (5), the Minister may, by statutory instrument, establish one or more
schemes for the provision of benefits or assistance to or in respect of any ex-political prisoner, detainee or
restrictee and his or her dependants or any class of ex-political prisoners, detainees or restrictees and their
dependants, and may in like manner amend or abolish any such scheme.
(4) A statutory instrument in terms of subsection (1) may provide for—
(a) the registration of ex-political prisoners, detainees or restrictees generally or the registration of expolitical
prisoners, detainees or restrictees entitled to benefit under any scheme;
(b) the registration of dependants of ex-political prisoners, detainees or restrictees entitled to benefit under
any scheme;
(c) the compulsory submission by any ex-political prisoner, detainee or restrictee to any medical or dental
examination required for the purpose of benefiting under any scheme;
(d) the circumstances and manner in which any benefit paid to an ex-political prisoner, detainee or restrictee
shall or may be refunded;
(e) the conditions for eligibility of an ex-political political prisoner, detainee or restrictee for any
assistance;
(f) the conditions upon which the dependants of an ex-political prisoner, detainee or restrictee of a deceased
ex-political political prisoner, detainee or restrictee may qualify for assistance;
(g) the nature and amount of the benefits to be granted or paid under any scheme and the circumstances in
which and the persons to whom such benefits shall or may be granted or paid and the manner in which
they shall be granted or paid;
(h) the provision of technical or vocational training or of any other training necessary for assisting expolitical
prisoners, detainees or restrictees in acquiring such skills as the Minister considers appropriate;
(i) the reduction, suspension or withdrawal of any benefit granted or paid under any scheme;
(j) the maintenance of records in respect of any benefits granted or paid to any ex-political prisoner,
detainee or restrictee under any scheme;
(k) any other matter whatsoever for which, in the opinion of the Minister, it is necessary or desirable to
make provision in order to give effect to this Act or any scheme.
(5) Without derogation from section 21 of the Interpretation Act [Chapter 1:01], a statutory instrument in
terms of subsection (1) may provide for different benefits to be granted or paid to different categories of expolitical
prisoners, detainees or restrictees:
Provided that no statutory instrument shall discriminate between ex-political prisoners, detainees and
restrictees on the ground of race, tribe, place of origin, political opinion, colour or gender.
(6) Before establishing, amending or abolishing any scheme in terms of this section, the Minister shall obtain
the approval of the Minister responsible for finance.
8 Holding of Fund
(1) All money received on behalf of the Fund shall be paid into a banking account and no moneys shall be
withdrawn therefrom except by means of cheques signed by such persons as are authorized in that behalf by the
Minister.
(2) Moneys of the fund not immediately required for the purpose of the fund may be invested in such manner
as the Minister, in consultation with the Board and with the approval of the Minister responsible for finance, may
determine.
9 Payments out of Fund
The Minister may authorise payments from the Fund for—
(a) the remuneration and allowances of members of the Board; and
(b) the costs of establishing and maintaining the Fund.
10 Accounts and audit of Fund
(1) Proper books of accounts and other books and records in relation thereto shall be kept in which shall be
recorded all the financial transactions of the Fund.
(2) The financial year of the Fund shall be the period of twelve months ending on the 31st December in each
year.
(3) Not more than three months after the end of any financial year, an income and expenditure account and
balance sheet of the Fund shall be submitted to the Comptroller and Auditor-General for audit, and, in relation to
the Fund, the Comptroller and Auditor-General shall have all the powers conferred upon him or her by the Audit
and Exchequer Act [Chapter 22:03] in relation to the auditing of public moneys.
11 Establishment of Ex-Political Prisoners, Detainees and Restrictees Board
(1) There is hereby established a board to be known as the Ex-Political Prisoners, Detainees and Restrictees
Board.
(2) The Board shall consist of not fewer than five and not more than seven members appointed, subject to
this section and paragraph 2 of the Schedule, by the Minister with the approval of the President.
(3) Of the members of the Board, at least two shall be appointed from such association or organization as the
Minister considers represents the majority of ex-political prisoners, detainees and restrictees.
(4) The Minister shall designate the chairperson and vice-chairperson of the Board.
(5) The provisions relating to the terms and conditions of office, vacation of office, dismissal of members,
filling of vacancies, meetings and procedures of the Board and remuneration of members shall be as set out in the
Schedule.
12 Functions of Board
The functions of the Board shall be—
(a) to register ex-political prisoners, detainees and restrictees and ensure that a register of ex -political
prisoners, detainees and restrictees and their dependants is kept and maintained; and
(b) to advise the Minister on the establishment of any scheme in terms of this Act or on any matter relating
to any scheme; and
(c) to examine, hear appeals and determine any representations by any person claiming entitlement to be
registered as an ex-political prisoner, detainee or restrictee or dependant of an ex-political prisoner,
detainee or restrictee where such registration has been refused; and
(d) to hear and determine any representations or complaints made by any ex-political prisoner, detainee or
restrictee or dependant of an ex-political prisoner, detainee or restrictee relating to the grant, payment or
delivery of any assistance to him or her; and
(e) to supervise the preparation of the budget of the Fund and to control on behalf of the Minister any assets
of the Fund; and
(f) to perform any other function which the Minister may confer on the Board for the purposes of this Act.
13 Powers of Board
For the purpose of carrying out its functions in terms of this Act, the Board shall have power
(a) to summon witnesses to give evidence before it or to produce any document;
(b) to administer oaths and take evidence on oath and make such investigation as the Board considers
necessary;
(c) to examine or cause to be examined by such person as the Board may authorize in that behalf any
records or documents kept by any person making any claim in terms of this Act;
(d) to do or cause to be done all other things that are necessary or expedient for the exercise of its functions.
14 Reports of Board
The Board—
(a) shall, within three months after the end of each financial year, submit to the Minister a report dealing
generally with the proceedings and activities of the Board during that financial year; and
(b) shall, where required by the Minister to do so, submit to the Minister such reports as the Minister may
specify in regard to the proceedings and activities of the Board; and
(c) may submit such other reports as the Board considers advisable.
15 Vetting Committee
(1) There is hereby established a committee of the Board to be known as the Vetting Committee.
(2) The Vetting Committee shall be responsible for vetting ex-political prisoners, detainees and restrictees.
(3) The Vetting Committee shall consist of representatives from the following Ministries—
(a) the Ministry responsible for social welfare;
(b) the Ministry responsible for justice;
(c) the Ministry responsible for home affairs;
(d) the Ministry responsible for defence;
(e) the Pensions Department;
(f) the Office of the President and Cabinet.
(4) Members of the Committee referred to in subsection (3) shall be appointed by the Minister from among
persons nominated for that purpose by the appropriate Ministry.
(5) Paragraphs 7 to 11 of the Schedule shall be equally applicable to the Vetting Committee.
(6) Any person who is aggrieved by the decision of the Committee may by notice setting out his or her
reasons, appeal to the Board against the decision of the Committee.
16 Appeals from decisions of Board
(1) Any person who is aggrieved by any decision of the Board—
(a) refusing to register him or her as an ex-political prisoner, detainee or restrictee or dependant in terms of
this Act; or
(b) in regard to the determination of any assistance to be granted to him or her in terms of any scheme;
may, by notice setting out his or her reasons, appeal to the Minister against the decision of the Board.
(2) The Minister may, on an appeal in terms of subsection (1), either confirm the decision of the Board or
remit the matter to the Board for further consideration subject to such recommendations regarding the appeal as
the Minister may consider appropriate, and the decision of the Board after reconsideration of the matter in terms
of this subsection shall be final.
(3) The person aggrieved shall be notified in writing of the Minister or the Board’s decision with regard to
the appeal, within a reasonable time.
17 Minister may give directions to Board
(1) Subject to this Act, the Minister may, from time to time, give the Board or the Director directions as to—
(a) the maximum or minimum amount of assistance to be granted to any registered dependant; and
(b) the period during which any assistance may be paid; and
(c) any matter to be taken into account in the granting of any assistance; and
(d) any matter relating to the functions of the Board:
Provided that before giving any direction—
(a) regarding any matter referred to in paragraph (a), the Minister shall consult the Board and obtain the
approval of the Minister responsible for finance; and
(b) regarding any matter referred to in paragraph (b) or (c), the Minister shall consult the Board.
(2) The Board shall, with all due expedition, comply with any direction