Police Amendment Bill, H.B. 11, 2025

This is a Bill — H.B. 11 of 2025 — not law. It proposes amendments to the Police Act, with consequential amendments to the Prisons and Correctional Service Act, the Criminal Law Code and the Private Voluntary Organisations Act. It takes effect only if passed and brought into operation.

The Bill is presented as a constitutional alignment exercise, and much of it is. But the change with the sharpest consequence for individual officers is clause 17, which would repeal section 32 of the Police Act — the provision giving a right of trial before a Magistrates Court. The memorandum states the intended effect plainly: all disciplinary trials, even of commissioned officers, would be conducted by a board of officers only. Clause 19 would repeal section 46 as a consequence, since no trial would be conducted by a magistrate. Appeals would lie to the Police Service Commission.

A second provision worth attention is retrospective validation. Clause 15 would incorporate the provisions of Statutory Instrument 201 of 2024 into the Police Act and validate anything done under that instrument between the date it lapsed and the date this Bill commences. Clause 28 would do the same into the Prisons and Correctional Service Act. Acts taken under an instrument that was no longer in force would, if the Bill passes, be treated as lawful after the fact.

The constitutional alignments follow sections 207, 219, 221, 222 and 223 of the Constitution, which the Bill reproduces in its preamble. The Commissioner-General of Police would be appointed by the President after consultation with the Minister responsible for the police, for a five-year term renewable once, and would exercise command in accordance with the Minister's general written policy directives. The Bill would also require the Commissioner-General to comply with directions of the Prosecutor-General, with directives of the Zimbabwe Human Rights Commission under section 243(2) of the Constitution, and with directives of the Zimbabwe Anti-Corruption Commission under section 255(2). Standing orders would be formulated by the Police Service Commission on the Commissioner-General's advice, with the Minister's approval. "Police Force" would become "Police Service" throughout.

On appointments and exits, the Police Service Commission would be able to promote non-commissioned officers, reappoint a retired person to the Regular Force, and discharge a Regular Force member other than an officer on grounds of continued ill-health or infirmity of body or mind; the Commissioner-General could discharge a member with the Commission's consent. The Commission could discharge, demote or reprimand a member other than an officer who is convicted of an offence and sentenced to imprisonment without the option of a fine. Commission functions could be delegated to the Commissioner-General, subject to section 321(2) of the Constitution.

Two further changes reach the public. New sections would protect the use of Police Service insignia to designate Police Service property and prohibit the unauthorised wearing of police uniforms, badges, buttons, braid and insignia. And the duty to serve process would widen from "summons, warrant or other process" to "summons, subpoena, warrant or other criminal or civil process" whose service is required or capable of being effected by a member of the Police Service.

The explanatory memorandum does not describe clauses 16, 18, 25 and 26, so the Bill contains provisions the memorandum passes over without explanation.