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Emergency Powers Act

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EMERGENCY POWERS ACT

Acts 48/1960, 24/1962 (s. 2), 14/1966, 22/1967, 2/1968,4/1968, 25/1969, 2/1986;
R.G.Ns. 498/1962, 217/1970, 698/1970; S.I. 542/1979.
ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Interpretation.
3. President may make emergency regulations.
4. Effect of other laws.
5. Revival of laws.
6. President may make regulati ons for preventive detention.
7. Continuation of regulations in certain circumstances.
AN ACT to make exceptional provision for th e protection of the community in cases
where a declaration in terms of subsection (1), or a resolution in terms of subsection (6),
of section 31J of the Constitution is in force; and to provide for matters incidental thereto
or connected therewith.
[Date of commencement: 2nd December, 1960.] 1 Short title
This Act may be cited as the Emergency Powers Act [Chapter 11:04].
2 Interpretation
In this Act—
“essential service” includes—
(a) any hospital service;
(b) any transport service;
(c) any service relating to the generatio n, supply or distribution of electricity;
(d) any service relating to the supply and distribution of water;
(e) any sewerage or sanitary service;
( f ) any service relating to the production, supply, delivery or distribution
of
food, fuel or coal;
(g) any fire brigade;
(h) coal mining;
(i) communications;
and any other service declared by the President, by statutory instrument, to be an essential
service for the purposes of this Act;
“Minister” means the Minister of Home A ffairs or any other Minister to whom the
President may, from time to time, assign the administration of this Act.
3 President may make emergency regulations
(1) Where a declaration in terms of subsection (1) of section 31J of the Constitution has
been made and so long as that declaration is in force, it shall be lawful for the President
to make such regulations as appear to him to be necessary or expedient for all or any of
the following—
(a) the public safety;
(b) the maintenance of public order;
(c) the maintenance of any essential service;
(d) the preservation of the peace;

(e) making adequate provision for dealing with any circumstances which—
(i) have arisen or, in his opinion, are likely to arise, whether such
circumstances relate to the maintenance of a ny essential or other service or otherwise;
and
(ii) in his opinion, will interfere with the peace, order and good government;
( f ) making adequate provision for terminating the state of emergency;
in Zimbabwe or any part of Zimbabwe, as the case may be.
(2) Regulations made in terms of subsection (1) may make provision for—
(a) the summary arrest, detention or re striction of the movement of any person
whose arrest, detention or rest riction of movement, as the case may be, appears to the
Minister to be expedient in the public interest;
(b) the deportation and exclusion from Zimbabwe of any person who is not a
citizen of Zimbabwe;
(c) the removal from one part of Zimbabwe to some other part of Zimbabwe
of any person whose removal appears to the Minister to be expedient in the public
interest;
(d) the regulation and control of persons employed or engaged in any trade,
business, occupation, profession, cal ling or industry in Zimbabwe;
(e) the taking of possession or control on behalf of the State of any property
or undertaking;
( f ) the regulation and control of comp anies registered in or persons carrying
on business in Zimbabwe, including the suspension or discharge of persons employed by
any such company or other person or, in the case of a company or association, concerned
with the management thereof;
(g) the acquisition on behalf of the State of any property other than land;
(h) the entering and search of any premises;
(i) the assistance to be afforded to persons affected by a natural disaster;
( j) the payment of compensation and remuneration to persons affected by any
regulations or order made in terms of this section;
(k) the arrest of any person contraveni ng or offending against any regulations
or order made in term s of this section;
(l) the penalties to be imposed for any contravention of or failure to comply
with any regulations or order made in terms of this section.
(3) Regulations made in terms of subsection (1) may—
(a) be published in the same Gazette as the declaration in terms of subsection
(1) of section 31J of the Constitution;
(b) provide for empowering such authoriti es or persons as may be specified in
the regulations to make orders for any of the purposes for which such regulations are
authorized by this section to be made and may contain such incidental and supplementary
provisions as appear to the President to be necessary or expedient for the purposes of the
regulations.
(4) It is declared th at, notwithstanding anything contained in any law—
(a) section 21 of the Interpretation Act [Chapter 1:01] shall apply in relation
to this section;
(b) notwithstanding the enumeration of the specific powers in subsection (2),
the President may make such regulations in term s of subsection (1) as appear to him to be

necessary or expedient, whether or not such regulations relate to any of the matters
specified in subsection (2) and whether or no t such regulations are inconsistent with
subsection (2).
(5) Regulations made in terms of subsect ion (1) may provide for the continuation in
force thereunder of any notice, order, direction, permit, licence or other thing whatsoever,
including, for the removal of doubt, the detent ion or restriction of movement of any
person, which was issued, authorized, done or continued in force under regulations in
force immediately before the publ ication of those regulations.
(6) Every regulation made in terms of subsect ion (1) by the President shall be laid before
Parliament as soon as may be after it is made.
(7) If Parliament, within the next twen ty-eight days on which it has sat after any
regulation made in terms of subs ection (1) is laid before it, resolves that the regulation be
annulled, the regulation shall th ereupon cease to have effect ex cept in regard to things
previously done or omitted to be done, without prejudice, however, to the making of
another regulation.
4 Effect of other laws
(1) Any regulation made in terms of subsec tion (1) of section three shall have effect,
notwithstanding anything inconsis tent therewith in any law.
(2) So far as appears to the President to be necessary for the purposes of the regulations,
regulations may provide for amending any law, for suspending the operation of any law,
and for applying any law, with or without modification.
5 Revival of laws
Where any law has been amended, suspended or modified by a regulation made in terms
of subsection (1) of section three, then, notwithstanding section 17 of the Interpretation
Act [Chapter 1:01], such law shall, with e ffect from the expiry or repeal of such
regulation, have effect as if such amendmen t, suspension or modification had never been
made.
6 President may make regulations for preventive detention
(1) Where a resolution in terms of subsecti on (6) of section 31J of the Constitution has
been passed and so long as that resolution is in effect it shall be lawful for the President
to make such regulations as appear to him to be necessary or expedient for—
(a) the preventive detention of any person in the interests of defence, public
safety or public order;
(b) empowering any Minister designated in the regulations to issue orders for
the preventive detention of any person;
(c) empowering any police officer or ot her person in the employment of the
State to arrest and detain any person for a period not exceeding fourteen days, pending
the issue of an order refe rred to in paragraph (b);
(d) the procedure for the review of ca ses of detained persons by a tribunal
established in accordance with paragraph 2 of Schedule 2 to the Constitution to review
such cases;
(e) the treatment and discipline of deta ined persons and the places where they
may be detained;
( f ) the penalties that may be imposed for any contravention of the regulations.
(2) Subsections (3), (4), (5), (6) and (7) of section three and sections four and five shall
apply, mutatis mutandis, in relation to regul ations made in terms of subsection (1).

7 Continuation of regulations in certain circumstances
(1) When a resolution passed in terms of subsection (6) of section 31J of the Constitution
becomes or is effective upon the expiry or revocation of a declaration in terms of
subsection (1) of that section, any regulations that were made in terms of section three
and were in force immediately before the revoca tion or expiry of the declaration shall, to
the extent that they relate to the matters referred to in subsection (1) of section six,
continue in force as if they had been made while a resolution in terms of subsection (6) of
section 31J of the Constitution was in effect.
(2) Whenever a declaration in terms of subs ection (1) of section 31J of the Constitution
becomes or is effective upon the expiry or re vocation of a resolution passed in terms of
subsection (6) of that section, any regulations that were made in terms of section six and
were in force immediately before the expiry or revocation of the re solution shall continue
in force as if they had been made whilst a d eclaration in terms of subsection (1) of section
31J of the Constitution was in effect.

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