Administration of Estates Amendment Bill H.B. 3, 2024

This is a Bill — H.B. 3 of 2024 — not law. It would amend the Administration of Estates Act [Chapter 6:01] to give the Office of the Master of the High Court — the office that supervises deceased and insolvent estates, guardianships and trusts — its own autonomous governance. It would come into operation on a date fixed by the President by statutory instrument, referred to throughout as the 'fixed date'.

The Bill would repeal and replace Part II of the Act. The Office would become a body corporate capable of suing and being sued, staffed by a Master, a Deputy Master, Additional Masters, an Assistant Master and other officers, all holding public offices that would expressly not form part of the Public Service. The Office would remain an office of record for the area defined in the First Schedule, with the Assistant Master's office the record office for the rest of Zimbabwe. Documents relating to a death outside that area, or lodged by someone living outside it, would be lodged with the Assistant Master — the decentralisation the memorandum stresses.

A new Master's Office Board would govern it: a chairperson appointed by the Minister who is qualified to be a High Court judge, the Master ex officio, and up to seven appointed members covering estates expertise, a registered legal practitioner, accounting or audit experience, human resources, information technology, a nominee of the Attorney-General and a nominee of the Minister of Finance. The Bill states that at least three or four members shall be women — a drafting slip, since a minimum cannot be two numbers at once. The Deputy Master would stand in for the Master at meetings and could be instructed how to vote.

The Board would set policy for the Office, employ and grade staff and fix their conditions of service, handle complaints and grievances by or against members, and exercise discipline. It would not be subject to the control or direction of anyone, except for audit by the Auditor-General of funds voted by Parliament or charged on the Consolidated Revenue Fund. The Minister could give general policy directions in the national interest, but only prospectively, of general application, clearly delimited, not vague, and expressing the national interest at stake — and must first give the Board thirty days to comment, with both direction and comments published in the annual report. The Board would report annually to the Minister, who would lay the report before Parliament.

On money, the Office would be funded by fees and charges payable to it under the Act, parliamentary appropriations including Treasury grants for infrastructure and capital projects, donations, grants, bequests and loans accepted by the Board, and any other money accruing to it. It would keep proper books, submit annual statements of account, and be examined by an appointed auditor reporting to the Minister and the Board; failing to produce documents to the auditor would be a criminal offence. Money not immediately needed could be invested as the Board sees fit, subject to ministerial policy direction.

Staff currently in the Master's Office under the Judicial Service Commission would transfer to the new autonomous Office on the fixed date, with provision for those who choose to stay with the Commission. Their terms would continue to be governed by the existing JSC regulations until replaced by regulations made under the amended Act, and section 132 would be widened so the Minister can make those conditions-of-service regulations. New Fourth and Fifth Schedules would set out provisions applicable to the Board and the Board's powers.

One point the memorandum does not explain: the Bill's long title and its final clause would also repeal section 22 of the Sovereign Wealth Fund of Zimbabwe Act [Chapter 22:20] (No. 7 of 2014), a change unconnected to estates administration and not covered in the clause-by-clause notes. The Bill sets no fees itself; what estates will actually cost would still come from regulations. As a Bill it has no legal effect until it passes both Houses, is assented to and is brought into operation.