Back to Index
Office Bill 2005 [H.B. 4, 2005]
97 version (130KB)
PDF version (118KB)
If you do not have the free Acrobat reader on your
computer, download it from the Adobe website by clicking
Gazetted on the 29th
OFFICE BILL 2005
The purpose of this Bill is to establish the Attorney-General's Office
Board ("the Board"), to constitute the Attorney-General's Office
as a service outside the Public Service, and to provide for the administration
of the Office and conditions of service of its members. In more detail
the Parts of the Bill provide as follows-
Clause 1 sets out the Bill's short title and provides for the date of
its commencement if it becomes an Act. Clause 2 contains definitions of
terms used throughout the Bill.
Clause 3 provides for the Constitution of Attorney-General's Office. Clause
4 provides for the establishment and composition of the Attorney-General's
Office Board. Clause 5 sets out the functions of the Board. Clause 6 encourages
the Board to devolve its decision-making powers to the Attorney-General
and Deputy Attorneys-General. Clause 7 provides for the Attorney-General
to make annual and other reports to Parliament.
Clause 8 is intended to provide for the security of tenure of the Deputy
Attorneys-General along lines similar to those provided under the Constitution
for judges. Clause 10 provides for the creation of departments in the
Attorney-General's Office and classification of members of Office. It
further establishes the Department of Administration and provides for
its control and supervision. Clause 11 empowers the Board to engage persons
under contract as members of the Office. Clause 12 provides that members
of the Attorney-General's Office engaged otherwise than on contract must
undergo a probationary period of not less than six or more than twelve
months. Clause 13 provides for the Board to fix the conditions of service
of members of the Attorney-General's Office. Clause 14 provides for the
secondment and deployment of members of the Attorney-General's Office.
Board to engage in regular consultations on conditions of service with
associations or organisations representing members of the Attorney-General's
Office and recognised by the Minister. Clause 15 provides for the secondment
and deployment of members of the Office. Clause 16 provides for the recognised
association and organisation.
This Part provides an outline for the procedure to be followed in connection
with the discipline of members of the Attorney General's Office.
Clause 20 provides for the funds of the Attorney-General's Office. The
investment of moneys not immediately required by the Office, the accounts
to be kept by the Office and their audit by the Comptroller and Auditor-General
are provided for in clauses 21, 22 and 23.
Clause 24 applies the State Liabilities Act [Chapter 8:14] to legal proceedings
against the Attorney-General's Office. Clause 25 deals with the transfer
of pensions benefits of members of the Attorney General's Office payable
from the Consolidated Revenue Fund. Clause 26 empowers the Board to make
regulations providing for the conditions of service of members of the
Attorney-General's Office. Clause 28 as read with the Second Schedule
amends Acts whose provisions will be affected by this Bill and Clause
29 contains transitional provisions.
OFFICE BILL, 2005
1. Short title and date of commencement.
ATTORNEY-GENERAL’S OFFICE BOARD
3. Constitution of Attorney-General's Office.
4. Establishment and composition of Attorney General’s Office Board.
5. Functions of Board.
6. Delegation of functions.
7. Reports of Board.
ADMINISTRATION OF ATTORNEY-GENERAL’S OFFICE
8. Tenure of office of Deputy Attorneys-General.
9. Departments and classification of members of Office.
10. Department of Administration.
11. Persons under contract.
12. Probationary period.
13. Conditions of service of members of Office.
14. Consultations re conditions of service of members of Office.
15. Secondment and deployment of members of Office.
16. Recognised associations and organisations.
DISCIPLINE OF MEMBERS OF ATTORNEY-GENERAL’S OFFICE
17. Investigation and adjudication of misconduct cases.
18. Removal of members from office.
19. Appeals to Labour Court.
20. Funds of Office.
21. Investment of moneys not immediately required by Office.
22. Accounts to be kept by Office.
23. Audit of accounts.
24. Legal proceedings against Office.
25. Pension rights of members of Office.
26. Service regulations.
27. Act not to affect application of certain other laws.
28. Amendment of Acts.
29. Transitional provisions.
FIRST SCHEDULE: Provisions
applicable to the Board.
SECOND SCHEDULE: Amendment of Acts.
Presented by the Minister
of Justice, Legal and Parliamentary Affairs
To constitute the Attorney-General's Office; establish the Attorney General’s
Office Board and to provide for its functions; to provide for its administration
and the conditions of service of members of the Attorney-General's Office;
to provide for the transfer of persons from the Public Service to the
Attorney General’s Office; to make consequential amendments to various
Acts; and to provide for matters connected with or incidental to the foregoing.
WHEREAS sections 76(1),
(9), (12) and (14a) of the Constitution provide as follows:
76.(1) There shall
be an Attorney-General who shall be the principal legal adviser to the
Government and whose office shall be a public office but shall not form
part of the Public Service.
(9) There shall
be one or more Deputy Attorneys-General whose offices shall be public
offices but shall not form part of the Public Service.
(12) A Deputy Attorney-General
shall assist the Attorney-General in the exercise of his functions,
and shall perform such other functions as the Attorney-General may assign
(14a) The Attorney-General
and every Deputy Attorney-General shall hold office on such terms and
conditions, including terms and conditions relating to the payment of
salary, allowances and pension, as the President may fix, and any amounts
so payable shall be charged upon and paid out of the Consolidated Revenue
AND WHEREAS it is
desirable to make provision by Act of Parliament—
(a) for certain
of the conditions of service fixed by the President under section 76(14a)
of the Constitution for the Attorney-General and every Deputy Attorney-General
in order to improve their security of tenure; and
(b) for the conditions of service of legally qualified persons and other
persons employed in the office of the Attorney-General in order to better
attract and retain suitable staff:
NOW, THEREFORE, be
it enacted by the President and the Parliament of Zimbabwe as follows:—
1 Short title
and date of commencement
(1) This Act may be cited as the Attorney General’s Office Act,
(2) This Act shall
come into operation on a date to be fixed by the President by statutory
In this Act—
(a) the Public
(b) a uniformed force; or
(c) the service of Parliament; or
(d) the service of a government, statutory body, local authority or
institution approved by the Minister, after consultation with the Board,
for the purposes of this Act;
means the Attorney General’s Office Board established by section
means a committee established by the Board in terms of paragraph 8 of
the First Schedule;
means the date fixed in terms of section 1(2) as the date of commencement
of this Act;
in relation to the Office, means a member of the Office referred to in
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;
means the Attorney-General's Office constituted by the persons referred
to in section 3;
means any pension, commutation of a pension, gratuity or other similar
allowance or benefit or any refund of pension contributions, including
any interest payable thereon, for a person in respect of his or her service
as a member of the Board, or in respect of any ill-health or injury arising
out of and in the course of his or her official duties as such a member
or for a dependant or personal representative of such person in respect
of such service, ill-health or injury or on the death of such person;
means prescribe by service regulations;
association or organisation” means an association or organisation
declared to be a recognised association or recognised organisation, as
the case may be, in terms of section 16(1);
means regulations made in terms of section 26 regulating conditions of
service of members of the Office.
Please credit www.kubatana.net if you make use of material from this website.
This work is licensed under a Creative Commons License unless stated otherwise.