1018 Updated
1018 Updated
OMBUDSMAN ACT
(Will be amended by the Judicial Service Act [Chapter 7:18] (No. 10 of 2006) when it comes into operation)
Acts 16/1982, 24/1985, 8/1988, 1/1989, 3/1994, 4/1997, 22/2001 (s. 4).
ARRANGEMENT OF SECTIONS
PART I
P RELIMINARY
Section
1. Short title.
2. Interpretation.
PART II
OMBUDSMAN AND HIS STAFF
AN ACT to make provision for the Ombudsman, the Deputy Ombudsman and the staff of the Om-
budsman; to provide for their powers, duties and procedures; and to provide for matters incidental to
or connected with the foregoing.
[Date of commencement: 10th September, 1982.]
WHEREAS sections 107 and 108 of the Constitution provide—
107 (1) There shall be an Ombudsman and, where the President has deemed it desirable, a Deputy Ombuds-
man, whose offices shall be public offices but shall not form part of the Public Service.
(2) The Ombudsman and Deputy Ombudsman shall be appointed by the President after consultation with the
Judicial Service Commission.
(2a) If the appointment of an Ombudsman or Deputy Ombudsman is not consistent with any recommenda-
tion made by the Judicial Service Commission, the President shall cause Parliament to be informed as soon is
practicable.
(3) The Deputy Ombudsman shall—
(a) assist the Ombudsman in the exercise of his functions and duties and the Ombudsman may authorize
him to exercise any of his functions or duties on his behalf;
(b) act as Ombudsman whenever the office of the Ombudsman is vacant or the Ombudsman is for any
reason unable to perform the functions of his office.
(4) An Act of Parliament may make provision for the qualifications and remuneration of the Ombudsman
and the Deputy Ombudsman .
108 (1) The Ombudsman may investigate
(a) action taken by any officer, person or authority referred to in subsection (2) in the exercise of the ad-
ministrative functions of that officer, person or authority in any case where it is alleged that a person
has suffered injustice in consequence of that action and it does not appear that there is any remedy rea-
sonably available by way of proceedings in a court or on appeal from a court; or
(b) allegations that any provision of the Declaration of Rights has been contravened by any officer, person
or authority referred to in subsection (2).
(Subsection as substituted by s. 2 of Act No. 4 of 1997.)
(2) Subject to such exceptions and conditions as may be prescribed by or under an Act of Parliament, the
provisions of subsection (1) shall apply in respect of any action taken by the following officers and authorities—
(a) any Ministry or department or any member of such Ministry or department; and
(b) such other persons or authorities as may be prescribed by or under an Act of Parliament for the pur-
poses of this paragraph.
(3) An Act of Parliament may confer other functions on the Ombudsman, and may make provision for the ex-
ercise of his functions including, without prejudice to the generality of the foregoing, the officers and authorities
whose actions are not subject to investigation by him.
NOW, THEREFORE, be it enacted as follows:—
PART I
P RELIMINARY
1 Short title
This Act may be cited as the Ombudsman Act [Chapter 10:18].
2 Interpretation
In this Act—
“action” includes failure to act;
“local authority” means a municipal council, town council, local board or rural district council;
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the
President may, from time to time, assign the administration of this Act;
“Ombudsman”, in relation to any function exercisable by the Deputy Ombudsman in terms of subsection (3)
of section 107 of the Constitution, includes the Deputy Ombudsman;
“pension benefit” means a pension, commutation of pension, gratuity or other like allowance or refund of
pension contributions, including any interest payable thereon, for a person in respect of his service as the
Ombudsman or the Deputy Ombudsman or in respect of any ill-health or injury arising out of and in the
course of his official duties or for any spouse, child, dependant or personal representative of such a per-
son in respect of such service, ill-health or injury;
“resident of Zimbabwe” means a person who in terms of the law is permitted to enter, be or remain in Zim-
babwe but does not include a visitor to Zimbabwe;
“statutory body” means any corporate body established by or in terms of any enactment for special purposes
and includes any company which is a subsidiary determined in accordance with section 143 of the Com-
panies Act [Chapter 24:03] of such body.
PART II
OMBUDSMAN AND HIS S TAFF
1. Any force or service maintained and controlled by the State, other than the Defence Forces, the Police Force
and the Prison Service.
2. Any local authority.
3. Any hospital, clinic, school or training institute directly or indirectly controlled by the State.
4. Any statutory body.
5. Any authority empowered to determine the person with whom any contract or class of contracts is to be
entered into by or on behalf of the State or any authority mentioned in subsection (2) of section 108 of the
Constitution or by or on behalf of any force, service, institution, authority or body referred to in items 1, 2, 3
or 4, but including the Defence Forces, the Police Force and the Prison Service.