CRIMINAL LAW (CODIFICATION AND REFORM) ACT [CHAPTER 9:23]

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ARRANGEMENT OF SECTIONS

CHAPTER I
PRELIMINARY

Section
1. Short title and date of commencement.
2. Interpretation.
3. Roman-Dutch criminal law no longer to apply.
4. Application of Code to other enactments.
5. Territoriality of crimes.

CHAPTER II
ELEMENTS OF CRIMINAL LIABILITY

PART I
CRIMINAL CAPACITY

6. Children under seven years of age not criminally liable.

7. Criminal capacity of children between seven and fourteen years of age.
8. No presumption of criminal incapacity for persons over the age of fourteen years.

PART II
CRIMINAL CONDUCT

9. Liability for criminal conduct.

10. Criminal conduct may consist of acts or omissions.
11. Causation.

PART III
STATES OF MIND

12. Meaning of subjective state of mind.

13. Intention.
14. Knowledge.
15. Realisation of real risk or possibility.
16. Negligence.
17. References or absence of references to states of mind in statutory crimes.

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 PART IV
PROOF OF CRIMINAL LIABILITY

18. Degree and burden of proof in criminal cases.

CHAPTER III
CRIMES AGAINST THE STATE

19. Interpretation in Chapter III.

20. Treason.
21. Concealing treason.
22. Subverting constitutional government.
23. Insurgency, banditry, sabotage or terrorism.
24. Recruiting or training insurgents, bandits, saboteurs or terrorists.
25. Training as insurgent, bandit, saboteur or terrorist.
26. Supplying weaponry to insurgents, bandits, saboteurs or terrorists.
27. Possessing weaponry for insurgency, banditry, sabotage or terrorism.
28. Possession of dangerous weapons.
29. Harbouring, concealing or failing to report insurgent, bandit, saboteur or terrorist.
30. Causing disaffection among Police Force or Defence Forces.
31. Publishing or communicating false statements prejudicial to the State.
32. Unlawful possession or wearing of camouflage uniforms.
33. Undermining authority of or insulting President.
34. Attorney General to authorise prosecutions under Chapter III.

CHAPTER IV
CRIMES AGAINST PUBLIC ORDER

35. Interpretation in Chapter IV.

36. Public violence.
37. Participating in gathering with intent to promote public violence, breaches of the peace
or bigotry.
38. Obstructing or endangering free movement of persons or traffic.
39. Dealing in or possession of prohibited knives.
40. Possession of articles for criminal use.
41. Disorderly conduct in public place.
42. Causing offence to persons of a particular race, religion, etc.
43. Possession of offensive weapons at public gatherings.

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44. Disrupting a public gathering.
45. Intimidation.
46. Criminal nuisance.

CHAPTER V
CRIMES AGAINST THE PERSON

PART I
HOMICIDE

47. Murder.
48. Infanticide.
49. Culpable homicide.
50. Inciting or assisting suicide.
51. Time of commencement of life and time of death.
52. Accelerating death equivalent to causing it.
53. Causing death: guidelines.
54. Mercy killing and removal of persons from life-support systems.
55. Killing while disposing of victim’s body.
56. Error as to identity.
57. Deflected blow in homicide cases.
58. Joining in after fatal injury inflicted.

PART II
UNLAWFUL TERMINATION OF PREGNANCY

59. Interpretation in Part II of Chapter V.

60. Unlawful termination of pregnancy.

PART III
SEXUAL CRIMES AND CRIMES AGAINST MORALITY

Division A: Preliminary
61. Interpretation in Part III of Chapter V.
62. Presumption regarding marriage.
63. Amendment of presumption that boy under 14 incapable of sexual intercourse.
64. Competent charges in cases of unlawful sexual conduct involving young or mentally
incompetent persons.
Division B: Sexual Crimes
65. Rape.

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66. Aggravated indecent assault.
67. Indecent assault.
68. Unavailable defences to rape, aggravated indecent assault and indecent assault.
69. Cases where consent absent or vitiated.
70. Sexual intercourse or performing indecent acts with young persons.
71. Sexual crimes committed against young or mentally incompetent persons outside
Zimbabwe.
72. Prevention of conspiracy or incitement abroad to commit sexual crimes against young
or mentally incompetent persons in Zimbabwe.
73. Sodomy.
74. Bestiality.
75. Sexual intercourse within a prohibited degree of relationship.
76. Complicity in sexual crimes.
Division C: Indecent or sexual conduct harmful
to public morals or public health
77. Public indecency.
78. Deliberate infection of another with a sexually-transmitted disease.
Division D: Transmitting HIV deliberately or in the course
of committing sexual crimes
79. Deliberate transmission of HIV.
80. Sentence for certain crimes where accused is infected with HIV.
Division E: Crimes relating to prostitution or
the facilitation of sexual crimes
81. Soliciting.
82. Living off or facilitating prostitution.
83. Procuring.
84. Coercing or inducing persons for purpose of engaging in sexual conduct.
85. Detaining persons for purpose of engaging in unlawful sexual conduct.
86. Permitting young person to resort to place for purpose of engaging in unlawful sexual
conduct.
87. Allowing child to become a prostitute.

PART IV
CRIMES INVOLVING BODILY INJURY

88. Interpretation in Part IV of Chapter V.

89. Assault.
90. Negligently causing serious bodily harm.
91. Assault of person other than intended victim.

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 PART V

CRIMES INVOLVING INFRINGEMENT OF LIBERTY,

REPUTATION OR DIGNITY

92. Interpretation in Part V of Chapter V.

93. Kidnapping or unlawful detention.
94. Pledging of female persons.
95. Criminal insult.
96. Criminal defamation.

PART VI
WITCHCRAFT, WITCH-FINDING AND CRIMES RELATED THERETO

97. Interpretation in Part VI of Chapter V.

98. Engaging in practices commonly associated with witchcraft.
99. Indicating witches and wizards.
100. Employing non-natural means to resolve crimes or delicts.
101. Belief in witchcraft to operate in mitigation and not as defence to crimes.
102. Charges alternative to or concurrent with charges under Part VI of Chapter V.

PART VII
BIGAMY

103. Interpretation in Part VII of Chapter V.

104. Bigamy.

PART VIII
CONCEALMENT OF BIRTHS AND EXPOSURE OF INFANTS

105. Interpretation in Part VIII of Chapter V.

106. Concealing birth of child.
107. Presumptions relating to concealment of birth.
108. Exposing an infant.

PART IX
CRIMES IN RELATION TO GRAVES AND CORPSES

109. Interpretation in Part IX of Chapter V.

110. Violating graves.
111. Violating corpses.

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 CHAPTER VI
PROPERTY CRIMES

PART I
THEFT AND RELATED CRIMES

Division A: Preliminary
112. Interpretation in Part I of Chapter VI.
Division B: Theft, stock theft, unauthorised borrowing or use of property
and making off without payment
113. Theft.
114. Stock theft.
115. When persons deemed to intend to deprive others permanently of property.
116. Unauthorised borrowing or use of property.
117. Making off without payment.
118. Mistake of fact in cases of theft, stock theft or unauthorised borrowing or use of
property.
119. Unavailable defences to charge of theft, stock theft or unauthorised borrowing or use of
property.
120. Joint ownership no defence.
121. Theft and stock theft continuing crimes.
122. Pledge-taking cases.
123. Recent possession of stolen property.
Division C: Receiving or possessing stolen property
124. Receiving stolen property knowing it to have been stolen.
125. Possessing property reasonably suspected of being stolen.
Division D: Robbery
126. Robbery.
127. Robbery where complainant abandons control over property.
128. Defences to charge of robbery.
129. Threat of future violence.

PART II
CRIMES INVOLVING ENTERING
OR BEING IN OR ON PREMISES OR LAND

130. Interpretation in Part II of Chapter VI.

131. Unlawfully entry into premises.
132. Criminal trespass.

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 PART III
EXTORTION

133. Interpretation in Part III of Chapter VI.

134. Extortion.

PART IV
FRAUD AND FORGERY

135. Interpretation in Part IV of Chapter VI.

136. Fraud.
137. Forgery.
138. Conviction for fraud, etc., where specific victim not identified.

PART V
CAUSING DAMAGE TO OR DESTRUCTION OF PROPERTY

139. Interpretation in Part V of Chapter VI.

140. Malicious damage to property.
141. Negligently causing serious damage to property.
142. Damage by co-owners, spouses and partners.
143. Aggravating circumstances in relation to malicious damage to property or negligently
causing serious damage to property.
144. Mistake of fact in relation to malicious damage to property.

PART VI
HIJACKING AND OTHER CRIMES INVOLVING AIRCRAFT
145. Interpretation in Part VI of Chapter VI.
146. Application of Part VI of Chapter VI.
147. Hijacking.
148. Damaging, destroying or prejudicing the safe operation of an aircraft.
149. Assaulting, intimidating or threatening a person on an aircraft.
150. Placing or carrying dangerous goods on an aircraft.
151. Threatening harm in relation to an aircraft.
152. Falsely threatening harm in relation to an aircraft.
153. Proof of lawful reason for conduct in relation to aircraft.
154. Charges alternative to or concurrent with charges under Part VI of Chapter VI.

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 CHAPTER VII
CRIMES INVOLVING DANGEROUS DRUGS

155. Interpretation in Chapter VII.

156. Unlawful dealing in dangerous drugs.
157. Unlawful possession or use of dangerous drugs.
158. Crimes under sections 156 and 157 committed outside Zimbabwe.
159. Permitting premises to be used for the unlawful dealing in or use of dangerous drugs.
160. Concealing, disguising or enjoying the proceeds of the unlawful dealing in dangerous
drugs.
161. Persons who may lawfully possess, deal in or use dangerous drugs.

CHAPTER VIII
COMPUTER-RELATED CRIMES

162. Interpretation in Chapter VIII.

163. Unauthorised access to or use of computer or computer network.
164. Deliberate introduction of computer virus into computer or computer network.
165. Unauthorised manipulation of proposed computer programme.
166. Aggravating circumstances in relation to crimes under sections 163, 164 and 165.
167. Unauthorised use or possession of credit or debit cards.
168. Unauthorised use of password or pin-number.

CHAPTER IX
BRIBERY AND CORRUPTION

169. Interpretation in Chapter IX.

170. Bribery.
171. Corruptly using a false document.
172. Corruptly concealing a transaction from a principal.
173. Corruptly concealing from a principal a personal interest in a transaction.
174. Criminal abuse of duty as public officer.

CHAPTER X
CRIMES AGAINST LAW ENFORCEMENT AND PUBLIC ADMINISTRATION

175. Interpretation in Chapter X.

176. Assaulting or resisting peace officer.
177. Undermining of police authority.
178. Obstruction of public official.
179. Impersonating police officer, peace officer or public official.

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180. Deliberately supplying false information to public authority.

CHAPTER XI
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

181. Interpretation in Chapter XI.

182. Contempt of court.
183. Perjury.
184. Defeating or obstructing the course of justice.
185. Escaping from lawful custody.

CHAPTER XII
UNFINALISED CRIMES : THREATS, INCITEMENT, CONSPIRACY AND ATTEMPT

186. Threats.
187. Incitement.
188. Conspiracy.
189. Attempt.
190. Mistake of fact in relation to unfinalised crimes.
191. Extra- territorial incitement or conspiracy.
192. Punishment for incitement, conspiracy or attempt.
193. Presumptions, jurisdiction, powers and defences applicable to crimes applicable also to
unfinalised crimes.
194. Treason and any other crimes constituted by incitement, conspiracy or attempt.

CHAPTER XIII
PARTICIPATION OR ASSISTANCE IN THE COMMISSION OF CRIMES

PART I
PARTICIPATION OR ASSISTANCE BEFORE OR DURING COMMISSION OF CRIMES: CO-
PERPETRATORS AND ACCOMPLICES

195. Interpretation in Part I of Chapter XIII.

196. Liability of co-perpetrators
197. Liability of accomplices.
198. Types of assistance to which accomplice liability applies.
199. Liability of accomplice for further crimes committed by actual perpetrator.
200. Withdrawal from crime by accomplice.
201. Accomplice liability for extra- territorial acts and crimes.
202. Punishment of accomplices.

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203. Presumptions, jurisdiction, powers and defences applicable to actual perpetrators
applicable also to accomplices.
204. Where accomplice liability is concurrent or does not apply.

PART II
ASSISTANCE AFTER COMMISSION OF CRIMES

205. Interpretation in Part II of Chapter XIII.

206. Assistance after commission of crime.
207. Unavailable defences for accessories.
208. Types of assistance to which accessory liability applies.
209. Accessory liability for extra-territorial acts and crimes.
210. Punishment of accessories.
211. Presumptions, jurisdiction and powers applicable to actual perpetrators applicable also
to accessories.
212. Where accessory liability is concurrent or does not apply.

CHAPTER XIV
DEFENCES

PART I
PRELIMINARY

213. Interpretation in Chapter XIV.

214. Defences and mitigating factors not limited to those mentioned in Chapter XIV.
215. Defence to one crime not necessarily defence to other crimes.
Division A: Defence Relating to Voluntary Conduct

PART II
AUTOMATISM

216. Involuntary conduct.

Division B: Defences and Mitigating Factors Relating to the Mental State

PART III
DIMINISHED RESPONSIBILITY

217. Interpretation in Part III of Chapter XIV.

218. Diminished responsibility to operate in mitigation not as defence

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 PART IV
INTOXICATION

219. Interpretation in Part IV of Chapter XIV.

220. When involuntary intoxication a complete defence to crimes.
221. Intoxication no defence to crimes committed with requisite state of mind.
222. Voluntary intoxication leading to unlawful conduct.
223. Intoxication facilitating the commission of crime.
224. Voluntary intoxication leading to provocation.
225. Intoxication leading to mental disorder.

PART V
MENTAL DISORDER

226. Interpretation in Part V of Chapter XIV.

227. Mental disorder at time of commission of crime.
228. Mental disorder at time of trial.
229. Application of Cap. 15:12.

PART VI
MINORITY

230. When child between seven and fourteen years may be held criminally liable.
231. Attorney-General to authorise prosecutions of children under fourteen years.

PART VII
MISTAKE OR IGNORANCE OF FACT

232. Interpretation in Part IV of Chapter XIV.

233. When mistake or ignorance of fact a defence to subjective crimes.
234. When mistake or ignorance of fact a defence to objective crimes.

PART VIII
MISTAKE OR IGNORANCE OF LAW

235. Interpretation in Part VIII of Chapter XIV.

236. When mistake or ignorance of law a defence.
237. Claims of right and mistakes of mixed law and fact.

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 PART IX
PROVOCATION

238. Provocation in relation to crimes other than murder.

239. Provocation a partial defence to murder.
Division C: Defences and Mitigating Factors Relating to Unlawfulness

PART X
AUTHORITY

240. Public authority.

241. Discipline of children.
242. Purported corporal punishment of spouses unlawful.

PART XI
COMPULSION

243. Requirements for compulsion to be complete defence.

244. Additional requirements for compulsion to be complete defence to murder.

PART XII
CONSENT

245. Requirements for consent to be complete defence.

246. When consent no defence.
247. Consent to medical treatment for therapeutic purposes.
248. Consent to medical treatment for non-therapeutic purposes.
249. Consent to sporting injuries.
250. Consent to injuries from customary or religious practices.
251. Consent given on behalf of other persons.

PART XIII
DEFENCE OF PERSON

252. Interpretation in Part XIII of Chapter XIV.

253. Requirements for defence of person to be complete defence.
254. When defence of person partial defence to murder.
255. Mistaken belief in relation to defence of person.

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 PART XIV
DEFENCE OF PROPERTY

256. Interpretation in Part XIV of Chapter XIV.

257. Requirements for defence of property to be complete defence.
258. Killing in defence of property.
259. When defence of property partial defence to murder.

PART XV
ENTRAPMENT

260. Entrapment no defence to crimes.

PART XVI
IMPOSSIBILITY

261. Requirements for impossibility to be complete defence.

PART XVII
NECESSITY

262. Application Part XVII of Chapter XIV.

263. Requirements for necessity to be complete defence.
264. Additional requirements for necessity to be complete defence to murder.
265. When necessity partial defence to murder.
266. Necessity in relation to other crimes.

PART XVIII
OBEDIENCE TO ORDERS

267. Interpretation in Part XVIII of Chapter XIV.

268. Requirements for obedience to lawful orders to be complete defence.
269. When obedience to illegal orders affords complete defence.

PART XIX
TRIVIALITIES

270. Person charged with trivial crime entitled to acquittal.

PART XX
UNAVOIDABLE ACCIDENT

271. Interpretation in Part XX of Chapter XIV.

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272. Requirements for unavoidable accident to be complete defence.

CHAPTER XV
COMPETENT VERDICTS

273. Persons charged with crime may be found guilty of unfinalised crime or assisting
perpetrator of crime.
274. Conviction for crime other than that charged.
275. Verdicts permissible on particular charges.
276. Sentence imposable where person found guilty on competent verdict.

CHAPTER XVI
GENERAL

277. Criminal liability of corporations and associations and their members, employees and
agents.
278. Conviction or acquittal no bar to civil or disciplinary proceedings.
279. Concurrent and alternative charges.
280. Standard scale of fines and amendment thereof.
281. References in enactments to common law crimes.
282. Amendment of Acts.
283. Repeals.
284. Savings.
FIRST SCHEDULE: Standard Scale of Fines.
SECOND SCHEDULE: Correspondence of References to Crimes in Code or other
Enactments to Provisions of Code Defining such Crimes
THIRD SCHEDULE: Acts Constituting Criminal Nuisance.
FOURTH SCHEDULE: Permissible Verdicts.
FIFTH SCHEDULE: Correspondence of Common Law Crimes with Codified
Crimes.
SIXTH SCHEDULE: Amendment of Various Acts.
SEVENTH SCHEDULE: Repealed Acts.

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 BILL
To consolidate and amend the criminal law of Zimbabwe; to amend the
Interpretation Act [Chapter 1:01], the Burial and Cremation Act [Chapter
5:03], the Customary Marriages Act [Chapter 5:07], the Magistrates Court
Act [Chapter 7:10], the Marriage Act [Chapter 5:11] and the Prisons Act
[Chapter 7:11]; to repeal the Aircraft (Offences) Act [Chapter 9:01] and the
Concealment of Birth Act [Chapter 9:04]; to amend the Criminal Procedure
and Evidence Act [Chapter 9:07]; to repeal Infanticide Act [Chapter 9:12]
and the Miscellaneous Offences Act [Chapter 9:15]; to amend the
Prevention of Corruption Act [Chapter 9:16], and the Stock Theft Act
[Chapter 9:18]; to repeal the Witchcraft Suppression Act [Chapter 9:19] and
the Sexual Offences Act [Chapter 9:21]; to amend the Public Order and
Security Act [Chapter 11:17], the Police Act [Chapter 11:10], the Inland
Waters Shipping Act [Chapter 13:06], the Tourism Act [Chapter 14:20];
the Dangerous Drugs Act [Chapter 15:02]; to amend the Medicines and
Allied Substances Control Act [Chapter 15:03]; the Public Health Act
[Chapter 15:09], the Housing and Building Act [Chapter 22:07] and the
Mental Health Act, 1996; and to provide for matters connected with or
incidental to the foregoing.

WHEREAS section 18 of the Constitution provides for certain fundamental principles of

our criminal justice system including, in particular, the following:
“18.(2) If any person is charged with a criminal offence, then, unless the charge is
withdrawn, the case shall be afforded a fair hearing within a reasonable time by an
independent and impartial court established by law.
(3) Every person who is charged with a criminal offence—
(a) shall be presumed to be innocent until he is proved or has pleaded guilty;
(b) shall be informed as soon as reasonably practicable, in a language that he
understands and in detail, of the nature of the offence charged;
…
and, except with his own consent, the trial shall not take place in his absence unless he
so conducts himself as to render the continuance of the proceedings in his presence
impracticable and the court has ordered him to be removed and the trial to proceed in
his absence.
…
(5) No person shall be held to be guilty of a criminal offence on account of any act
or omission that did not, at the time it took place, constitute such an offence, and no
penalty shall be imposed for any criminal offence that is severer in degree or description

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 than the maximum penalty that might have been imposed for that offence at the time
when it was committed.
(6) No person who shows that he has been tried by a competent court for a criminal
offence upon a good indictment, summons or charge upon which a valid judgment could
be entered and either convicted or acquitted shall again be tried for that offence or for
any other criminal offence of which he could have been convicted at the trial for that
offence…
…
(8) No person who is tried for a criminal offence shall be compelled to give
evidence at the trial.”;
AND WHEREAS it is desirable to codify and, where necessary, reform the common
criminal law of Zimbabwe
(a) in conformity with the fundamental principles set out in the Constitution and
other fundamental principles developed over time by our criminal justice
system; and
(b) in order to set out in a concise and accessible form what conduct our criminal
justice system forbids and punishes and what defences can be raised to
criminal charges;
NOW, THEREFORE, be it enacted by the President and the Parliament of Zimbabwe as
follows:

CHAPTER I
PRELIMINARY

1 Short title and date of commencement

(1) Subject to subsection (2), this Act may be cited as the Criminal Law (Codification
and Reform) Act.
(2) References in this Act to “this Code” and in any other enactment to “the Criminal
Law Code” shall be construed as references to this Act.
(3) This Code shall come into operation on a date to be fixed by the President by notice
in a statutory instrument.

2 Interpretation
(1) In this Code
“accessory”, when used in relation to a crime, has the meaning given to it by section two
hundred and five;
“alternatively” and “concurrently”, in relation to the charging of a person with two or
more crimes, shall be construed in accordance with section two hundred and eighty;
“accomplice”, when used in relation to a crime, has the meaning given to it by section
one hundred and ninety-five;
“accused” means a person accused of committing a crime;

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“actual perpetrator” has the meaning given to it by section one hundred and ninety-five;
“cause”, when used in relation to a consequence ensuing from conduct, means that the
conduct has caused the consequence as provided in section eleven;
“conduct” includes an act or omission;
“court” means
(a) the Supreme Court; or
(b) the High Court; or
(c) a magistrates court; or
(d) a local court constituted in terms of the Customary Law and Local Courts Act
[Chapter 7:05]; or
(e) any other court;
whichever is hearing or has jurisdiction to hear the matter concerned;
“crime” means any conduct punishable by this Code or as a criminal offence in any other
enactment;
“fixed date” means the date fixed in terms of subsection (2) of section one as the date of
commencement of this Code;
“intend”, when used in relation to any crime or conduct, means that intention is an
essential element of that crime or conduct as provided in section thirteen;
“judicial officer” means a judge, president, magistrate, presiding officer or other person
presiding over a court or tribunal;
“know”, when used in relation to any crime or conduct, means that knowledge of the
relevant fact or circumstance is an essential element of that crime or conduct as
provided in section fourteen;
“level”, when used in relation to a fine, means the appropriate level on the standard
scale;
“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 Code;
“marriage” means a marriage solemnised under the Marriage Act [Chapter 5:11] or the
Customary Marriages Act [Chapter 5:07], or an unregistered customary law
marriage, and the words “husband”, “spouse” and “wife” shall be construed
accordingly;
“person”, in relation to a person against whose property or other interests a crime is
committed, includes the State;
“police” means the Police Force or a police officer;
“police officer” includes a Police Constabulary member or a special constable as defined
in section 2 of the Police Act [Chapter 11:10];
“realise”, when used in connection with the existence or otherwise of a real risk or
possibility in relation to any crime or conduct, means that realisation of a real risk or

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 possibility is an essential element of that crime or conduct, as provided in section
fifteen;
“standard scale” means the standard scale of fines referred to in section two hundred and
eighty and the First Schedule;
“unregistered customary law marriage” means a marriage celebrated according to
customary law but not solemnised in terms of the Customary Marriages Act
[Chapter 5:07].
(2) A reference in this Code or any other enactment to any of the crimes mentioned in the
first column of the Second Schedule shall be construed as referring to those crimes as defined
in the provisions of this Code mentioned opposite thereto in the second column.
(3) Where the determination of the age of a person is relevant for the purposes of this
Code, a person shall be deemed to have attained a specified age on the commencement of the
relevant anniversary of the day of his or her birth.

3 Roman-Dutch criminal law no longer to apply

(1) The non-statutory Roman-Dutch criminal law in force in the Colony of the Cape of
Good Hope on the 10th June, 1891, as subsequently modified in Zimbabwe, shall no longer
apply within Zimbabwe to the extent that this Code expressly or impliedly enacts, re-enacts,
amends, modifies or repeals that law.
(2) Subsection (1) shall not prevent a court, when interpreting any provision of this
Code, from obtaining guidance from judicial decisions and legal writings on relevant aspects
of
(a) the criminal law referred to in subsection (1); or
(b) the criminal law that is or was in force in any country other than Zimbabwe.

4 Application of Code to other enactments

(1) Subject to subsection (2), nothing in this Code shall affect the liability, trial and
punishment of any person for a crime in terms of any other enactment.
(2) Unless otherwise expressly provided in the enactment concerned, section five and
Chapters II and XII to XVI of this Code shall apply to the determination of criminal liability
of a person in terms of any other enactment.

5 Territoriality of crimes
(1) A person may be tried, convicted and punished for a crime, whether in terms of this
Code or any other enactment, where the crime or an essential element of the crime was
(a) committed wholly inside Zimbabwe; or
(b) committed partly outside Zimbabwe, if the conduct that completed the crime took
place inside Zimbabwe; or
(c) committed wholly or partly outside Zimbabwe, if the crime
(i) is a crime against public security in Zimbabwe or against the safety of the
State of Zimbabwe; or
(ii) is a crime which

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 A. has produced a harmful effect in Zimbabwe; or
B. was intended to produce a harmful effect in Zimbabwe; or
C. was committed with the realisation that there was a real risk or
possibility that it might produce a harmful effect in Zimbabwe.
(2) This section does not limit the effect of any enactment which
(a) regulates the territorial jurisdiction of any court; or
(b) makes special provision for the trial, conviction or punishment of particular extra-
territorial crimes.

CHAPTER II
ELEMENTS OF CRIMINAL LIABILITY

PART I
CRIMINAL CAPACITY

6 Children under seven years of age not criminally liable

A child below the age of seven years shall be deemed to lack criminal capacity and shall
not be tried for or convicted of any crime which he or she is alleged to have committed before
attaining that age.

7 Criminal capacity of children between seven and fourteen years of age

A child who is over the age of seven years but below the age of fourteen years at the time
of the conduct constituting any crime which he or she is alleged to have committed shall be
presumed, unless the contrary is proved beyond a reasonable doubt
(a) to lack the capacity to form the intention necessary to commit the crime; or
(b) where negligence is an element of the crime concerned, to lack the capacity to
behave in the way that a reasonable adult would have behaved in the circumstances.

8 No presumption of criminal incapacity for persons over the age of fourteen

years
For the avoidance of doubt it is declared that no person over the age of fourteen years
shall be presumed to lack the capacity to form the necessary intention to commit any crime or,
where negligence is an element of the crime concerned, to behave in the way that a reasonable
person would have behaved in the circumstances of the crime.

PART II
CRIMINAL CONDUCT

9 Liability for criminal conduct

A person shall not be guilty of or liable to be punished for a crime unless

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 (a) the crime is defined by this Code or any other enactment; and
(b) the person committed the crime or was a party to its commission as provided in this
Code or in the enactment concerned; and
(c) his or her liability is based upon voluntary conduct; and
(d) subject to subsection (5) of section seventeen, the person engaged in the conduct
constituting the crime with any of the blameworthy states of mind referred to in
sections thirteen to sixteen, as this Code or any other enactment may require; and
(e) his or her liability is based upon unlawful conduct, that is, upon conduct for which
there is no lawful excuse affording that person a complete defence to the criminal
charge, whether in terms of Chapter XIV or otherwise.

10 Criminal conduct may consist of acts or omissions

(1) Criminal conduct may consist of either an act or an omission.
(2) A person shall not be held criminally liable for an omission nor shall he or she be
guilty of the crime to which the omission relates unless
(a) the crime for which the person is held liable is defined in such a way as to render
criminal his or her failure to act; or
(b) the person had a legal duty to act positively arising from
(i) the existence of a protective or family relationship between himself or herself
and another person which required him or her to protect the life, safety or
any legal interest of that other person; or
(ii) the creation by the person’s prior conduct of a situation in which another
person’s life, safety or legal interest was or might be endangered; or
(iii) his or her assuming control, by contract or otherwise, over a situation,
whether brought about by him or her or not, in which another person’s life,
safety or legal interest was or might be endangered; or
(iv) his or her holding a public or like office.

11 Causation
(1) A person shall not be held criminally liable for a consequence unless the person’s
conduct caused or substantially contributed to its occurrence.
(2) A person’s conduct shall be deemed to have caused or substantially contributed to a
consequence for the purposes of subsection (1) if the conduct
(a) is the factual cause of the consequence, that is, but for the conduct the consequence
would not have occurred; and
(b) is the legal cause of the consequence, that is, the consequence
(i) was a reasonably foreseeable consequence of his or her conduct; or
(ii) was brought about by a new cause supervening after his or her conduct,
which cause was itself a reasonably foreseeable consequence of his or her
conduct.

20
 PART III
STATES OF MIND

12 Meaning of subjective state of mind

For the purposes of this Part, a subjective test for a state of mind is a test whereby a court
decides whether or not the person concerned actually possessed that state of mind at the
relevant time, taking into account all relevant factors that may have influenced that person’s
state of mind.

13 Intention
(1) Where intention is an element of any crime, the test is subjective and is whether or
not the person whose conduct is in issue intended to engage in the conduct or produce the
consequence he or she did.
(2) Except as may be expressly provided in this Code or in the enactment concerned, the
motive or underlying reason for a person’s doing or omitting to do any thing, or forming any
intention, is immaterial to that person’s criminal liability in terms of this Code or any other
enactment.

14 Knowledge
Where knowledge is an element of any crime, the test is subjective and is whether or not
the person whose conduct is in issue had knowledge of the relevant fact or circumstance.

15 Realisation of real risk or possibility

(1) Where realisation of a real risk or possibility is an element of any crime, the test is
subjective and consists of the following two components
(a) a component of awareness, that is, whether or not the person whose conduct is in
issue realised that there was a risk or possibility, other than a remote risk or
possibility, that
(i) his or her conduct might give rise to the relevant consequence; or
(ii) the relevant fact or circumstance existed when he or she engaged in the
conduct;
and
(b) a component of recklessness, that is, whether, despite realising the risk or possibility
referred to in paragraph (a), the person whose conduct is in issue continued to
engage in that conduct.
(2) If a crime of which the realisation of a real risk or possibility is an element is so
defined in this Code or any other enactment that
(a) the words describing the component of awareness are omitted, the component of
awareness shall be implicit in the word “recklessly” or any derivatives of that word;
or
(b) the words describing the component of recklessness are omitted, the component of
recklessness shall be implicit in the expression “realise a real risk or possibility” or
any derivatives of that expression.

21
 (3) Where, in a prosecution of a crime of which the realisation of a real risk or possibility
is an element, the component of awareness is proved, the component of recklessness shall be
inferred from the fact that
(a) the relevant consequence actually ensued from the conduct of the accused; or
(b) the relevant fact or circumstance actually existed when the accused engaged in the
conduct;
as the case may be.
(4) For the avoidance of doubt it is declared that the test for realisation of a real risk or
possibility supersedes the common-law test for constructive or legal intention and its
components of foresight of a possibility and recklessness wherever that test was formerly
applicable.

16 Negligence
(1) Where negligence is an element of any crime
(a) constituted by the performance of an act, the test is objective and consists of the
inquiry whether the accused person’s performance of that act was blameworthy in
that
(i) a reasonable person in the same circumstances as the accused would not have
performed that act; or
(ii) the accused failed to perform the act with the care and skill with which a
reasonable person in the same circumstances would have performed that act;
whichever inquiry is appropriate to the crime in question;
or
(b) constituted by the omission to perform an act, the test is objective and consists of the
inquiry whether the accused person’s omission to perform that act was blameworthy
in that a reasonable person in the same circumstances would not have omitted to
perform the act; or
(c) constituted wholly or partly by a consequence resulting from the conduct of an
accused person, or by the existence or absence of any circumstance in which such
conduct occurred, the test is objective and falls into two parts
(i) whether or not the accused person failed to realise that his or her conduct
might produce the relevant consequence or that the relevant circumstance
might exist or be absent; and
(ii) if the accused person did fail as provided in subparagraph (i), whether or not
the person’s failure was blameworthy in that a reasonable person in the same
circumstances
A. would have realised that the relevant consequence might be produced
and would have guarded against it; or
B. would have foreseen that the relevant fact or circumstance might exist
or be absent and would have taken steps to ascertain whether or not it
did exist;
as the case may be.

22
 (2) For the avoidance of doubt it is declared that paragraph (c) of subsection (1) shall
apply to the determination of the criminal liability of any person accused of culpable
homicide, negligently causing serious bodily harm or negligently causing serious damage to
property.

17 References or absence of references to states of mind in statutory

crimes
(1) In this section
“mental element”, in relation to a crime, means any intention, knowledge, realisation of a
real risk or possibility, or negligence with which that crime is committed;
“strict liability crime” means a crime for the commission of which no mental element is
required to be proved in order to establish liability for that crime.
(2) Where in any enactment creating a crime
(a) the word “corruptly”, “deliberately”, “dishonestly”, “fraudulently”, “indecently”,
“intend”, “intentionally”, “maliciously”, “mischievously”, “purposely”, “wantonly”
or “wilfully”, or phrase “with intent to” or “for the purpose of” or any related or
derivative expression is used with respect to the commission by any person of the
crime, section thirteen or (subject to subsection (3) of this section) section fifteen
shall apply to the determination of the state of mind of the person accused of
committing that crime;
(b) the word “knowing”, “knowingly” or any related or derivative expression is used
with respect to the commission by any person of the crime, section fourteen or
(subject to subsection (3) of this section) section fifteen shall apply to the
determination of the state of mind of the person accused of committing it;
(c) the word “recklessly” or any related or derivative expression is used with respect to
the commission by any person of the crime, section fifteen shall apply to the
determination of the state of mind of the person accused of committing it;
(d) the word “negligently”, “carelessly”, “unskilfully” or any related or derivative
expression is used with respect to the commission by any person of the crime,
section sixteen shall apply to the determination of the state of mind of the person
accused of committing it.
(3) The test for realisation of a real risk or possibility contained in section fifteen shall
only apply to a crime referred to in paragraph (a) or (b) of subsection (2)
(a) if proof of intention as required by section thirteen or proof of knowledge as
required by section fourteen is absent; and
(b) if the crime is of a kind described in paragraph (a) or (b) of subsection (4).
(4) The kinds of crime to which the test for realisation of a real risk or possibility
contained in section fifteen can be applied are the following
(a) a crime that is constituted not only by the conduct of the person accused of
committing it but also by a consequence or potential consequence resulting from the
conduct, in which event the test is applicable for the purpose of determining whether
the accused realised that there was a real risk or possibility that the consequence
might ensue; or

23
 (b) a crime that is constituted not only by the conduct of the person accused of
committing it but also by the existence or absence of any circumstance in which
such conduct occurred, in which event the test is applicable for the purpose of
determining whether the accused realised that there was a real risk or possibility that
the circumstance existed or was absent.
(5) Where in any enactment creating a crime no expression specifying a state of mind is
used with respect to the commission of that crime, section thirteen or fourteen, as may be
appropriate to the crime in question, and (subject to subsection (3) of this section) section
fifteen shall apply to the determination of the state of mind of the person accused of that
crime, unless
(a) the enactment expressly provides that the crime is a strict liability crime; or
(b) the legislature impliedly intended it to be a strict liability crime because
(i) the requirement of proving a mental element would render the detection or
prosecution of the crime impossible or practically impossible; or
(ii) the object of the enactment would be defeated if proof of a mental element is
required to establish liability for the crime:
Provided that, notwithstanding subparagraph (i) or (ii), a court shall not hold
that the legislature impliedly intended a crime to be a strict liability crime if the
penalty for it is mandatory imprisonment or imprisonment without the option of a
fine.

PART IV
PROOF OF CRIMINAL LIABILITY

18 Degree and burden of proof in criminal cases

(1) Subject to subsection (2), no person shall be held to be guilty of a crime in terms of
this Code or any other enactment unless each essential element of the crime is proved beyond
a reasonable doubt.
(2) Subsection (1) shall not prevent any enactment from imposing upon a person charged
with a crime the burden of proving any particular fact or circumstance.
(3) Where this Code or any other enactment imposes upon a person charged with a crime
the burden of proving any particular fact or circumstance, the person may discharge the
burden by proving that fact or circumstance on a balance of probabilities.
(4) Except where this Code or any other enactment expressly imposes the burden of
proof upon a person charged with a crime, once there is some evidence before the court which
raises a defence to the charge, whether or not the evidence has been introduced by the
accused, the burden shall rest upon the prosecution to prove beyond a reasonable doubt that
the defence does not apply:
Provided that where an accused pleads that, at the time of the commission of a crime, he
or she was suffering from a mental disorder or defect as defined in section two hundred and
twenty-six, or a partial mental disorder or defect as defined in section two hundred and
seventeen, or acute mental or emotional stress, the burden shall rest upon the accused to

24
prove, on a balance of probabilities, that he or she was suffering from such mental disorder or
defect or acute mental or emotional stress.

CHAPTER III
CRIMES AGAINST THE STATE

19 Interpretation in Chapter III

In this Chapter—
“act of insurgency, banditry, sabotage or terrorism” means any act referred to in
subparagraph (i), (ii), (iii), (iv) or (v) of subsection (1) of section twenty-three that is
undertaken for a purpose referred to in paragraph (a), (b) or (c) of that subsection;
“bomb” means
(a) any device consisting of or carrying an explosive charge or fused to detonate
upon impact or percussion or through a timing contrivance or by an electrical or
electronic device; or
(b) any other device capable of causing an explosion;
“essential service” means—
(a) any service relating to the generation, supply or distribution of electricity; or
(b) any fire brigade or fire service; or
(c) any health, hospital or ambulance service; or
(d) any service relating to the production, supply, delivery or distribution of fuel; or
(e) any service relating to the supply or distribution of water; or
(f) any communications service; or
(g) any transport service; or
(h) any other service or occupation whose interruption would endanger the life,
health or safety of the whole or a part of the population and which the Minister
may declare by notice in a statutory instrument to be an essential service;
“insurgent, bandit, saboteur or terrorist” means a person who
(a) is about to commit, is committing or has committed an act of insurgency,
banditry, sabotage or terrorism; or;
(b) has attended a course or undergone training, is about to attend a course or
undergo training or is attending a course or undergoing training referred to in
subsection (1) of section twenty-five;
“law enforcement agency” means the Police Force (including a member of the Police
Constabulary as defined in section 2 of the Police Act [Chapter 11:10]) or an
intelligence service maintained by the Government, or any agency assigned by an
enactment to maintain and enforce the law;
“offensive material” means any inflammable, dangerous, noxious, or deleterious
substance, material or thing capable of killing or injuring persons, including

25
 (a) low or high explosives and the ingredients thereof;
(b) all types of fuse used in the ignition of explosives;
(c) detonators;
(d) timing devices, especially time pencils;
(e) wire cutters;
(f) concentrated or other harmful acids;
(g) ammunition as defined in the Firearms Act [Chapter 10:09];
(h) biological or chemical warfare agents;
(i) any other substance, material or thing declared by the Minister, by notice in a
statutory instrument, to be an offensive material for the purposes of this
definition;
“official” means
(a) a member of any law enforcement agency; or
(b) an ancillary member of the Police Force as defined in section 2 of the Police Act
[Chapter 11:10]; or
(c) a member of the Defence Forces; or
(d) a provincial or district administrator or an assistant provincial or district
administrator or any other employee of the State acting in that capacity;
“publication” includes a document, book, magazine, film, tape, disc, electronic
publication or other material or thing whatsoever in which, on which or by means of
which a statement may be made;
“statement” means any expression of fact or opinion, whether made orally, in writing,
electronically or by visual images;
“weaponry” means any of the following kinds of offensive material
(a) artillery of all kinds;
(b) a firearm or other apparatus for the discharge of bullets or other kinds of
projectiles which are designed to be lethal, whether solid, explosive or gas
diffusing;
(c) a flame-thrower;
(d) high or low explosive, whether or not manufactured as a bomb, grenade or
similar missile or device and whether capable of use with a firearm or not,
including a fuse, detonator or timing device therefor;
(e) biological or chemical warfare agents;
(f) any other offensive material declared by the Minister, by notice in a statutory
instrument, to be an offensive material for the purposes of this definition.

20 Treason
(1) Any person who is a citizen of or ordinarily resident in Zimbabwe and who

26
 (a) does any act, whether inside or outside Zimbabwe, with the intention of
overthrowing the Government; or
(b) incites, conspires with or assists any other person to do any act, whether inside or
outside Zimbabwe, with the intention of overthrowing the Government;
shall be guilty of treason and liable to be sentenced to death or to imprisonment for life.
(2) Without limiting subsection (1), the following may constitute acts of treason
(a) preparing or endeavouring to carry out by force any enterprise which usurps the
executive power of the President or the State in any matter;
(b) in time of war or during a period of public emergency, doing any thing which assists
any other State to engage in hostile or belligerent action against Zimbabwe;
(c) instigating any other State or foreign person to invade Zimbabwe.
(3) For the avoidance of doubt, it is declared that nothing in this section shall prevent the
doing of any thing by lawful constitutional means directed at
(a) the correction of errors or defects in the system of government or constitution of
Zimbabwe or the administration of justice in Zimbabwe; or
(b) the replacement of the Government or President of Zimbabwe; or
(c) the adoption or abandonment of policies or legislation; or
(d) the alteration of any matter established by law in Zimbabwe.

21 Concealing treason
Subject to subsection (3) of section twenty, any person who is a citizen of or ordinarily
resident in Zimbabwe and who, knowing that any other person
(a) has done or attempted to do; or
(b) is doing or is attempting to do; or
(c) intends to do;
whether inside or outside Zimbabwe, any act with the intention of overthrowing the
Government, does not inform an official as soon as is reasonably possible after acquiring such
knowledge, shall be guilty of concealing treason and liable to a fine up to or exceeding level
fourteen or imprisonment for a period not exceeding twenty years or both.

22 Subverting constitutional government

(1) In this section
“coercing” means constraining, compelling or restraining by
(a) physical force or violence or, if accompanied by physical force or violence or
the threat thereof, boycott, civil disobedience or resistance to any law, whether
such resistance is active or passive; or
(b) threats to apply or employ any of the means described in paragraph (a);
“unconstitutional means” means any process which is not a process provided for in the
Constitution and the law.
(2) Any person who, whether inside or outside Zimbabwe

27
 (a) organises or sets up or advocates, urges or suggests the organisation or setting up of,
any group or body with a view to that group or body
(i) overthrowing or attempting to overthrow the Government by
unconstitutional means; or
(ii) taking over or attempting to take over Government by unconstitutional
means or usurping the functions of the Government; or
(iii) coercing or attempting to coerce the Government;
or
(b) supports or assists any group or body in doing or attempting to do any of the things
described in subparagraph (i), (ii) or (iii) of paragraph (a);
shall be guilty of subverting constitutional government and liable to imprisonment for a
period not exceeding twenty years without the option of a fine.

23 Insurgency, banditry, sabotage or terrorism

(1) Any person who, for the purpose of
(a) causing or furthering an insurrection in Zimbabwe; or
(b) causing the forcible resistance to the Government or the Defence Forces or any law
enforcement agency; or
(c) procuring by force the alteration of any law or policy of the Government;
commits any act accompanied by the use or threatened use of weaponry with the intention or
realising that there is a real risk or possibility of
(i) killing or injuring any other person; or
(ii) damaging or destroying any property; or
(iii) inflicting substantial financial loss upon any other person; or
(iv) obstructing or endangering the free movement in Zimbabwe of any traffic on
land or water or in the air; or
(v) disrupting or interfering with an essential service;
shall be guilty of insurgency, banditry, sabotage or terrorism, whether or not any purpose
referred to in paragraph (a), (b) or (c) is accomplished, and be liable
A. where the act of insurgency, banditry, sabotage or terrorism results in
the death of a person, to be sentenced to death or to imprisonment for
life;
B. in any other case, to imprisonment for life or any definite period of
imprisonment.
(2) For the avoidance of doubt it is declared that where any act of insurgency, banditry,
sabotage or terrorism does not result in any of the consequences referred to in subparagraph
(i), (ii), (iii), (iv) or (v) of subsection (1), the competent charge shall be one of attempting to
commit an act of insurgency, banditry, sabotage or terrorism.

24 Recruiting or training insurgents, bandits, saboteurs or terrorists

Any person who intentionally

28
 (a) recruits, assists or encourages any other person to undergo training inside or outside
Zimbabwe in order to commit any act of insurgency, banditry, sabotage or terrorism
in Zimbabwe; or
(b) provides training to any person, whether inside or outside Zimbabwe, in order to
commit any act of insurgency, banditry, sabotage or terrorism in Zimbabwe;
shall be guilty of recruiting or training an insurgent, bandit, saboteur or terrorist and liable to
imprisonment for life or any definite period of imprisonment.

25 Training as insurgent, bandit, saboteur or terrorist

(1) Any person who attends or undergoes any course of training, whether inside or
outside Zimbabwe, for the purpose of enabling him or her to commit any act of insurgency,
banditry, sabotage or terrorism in Zimbabwe shall be guilty of training as an insurgent, bandit,
saboteur or terrorist and liable to imprisonment for life or any definite period of
imprisonment.
(2) If it is proved in a prosecution for training as an insurgent, bandit, saboteur or
terrorist that the accused attended or underwent a course of training whose effect was to
enable that person to commit an act of insurgency, banditry, sabotage or terrorism in
Zimbabwe, it shall be presumed, unless the contrary is proved, that he or she did so for that
purpose.

26 Supplying weaponry to insurgents, bandits, saboteurs or terrorists

Any person who, inside or outside Zimbabwe, supplies weaponry to an insurgent, bandit,
saboteur or terrorist, knowing that the weaponry will be used in the commission of an act of
insurgency, banditry, sabotage or terrorism or realising that there is a real risk or possibility
that the weaponry will be so used, shall be guilty of supplying weaponry to an insurgent,
bandit, saboteur or terrorist and liable to imprisonment for life or any definite period of
imprisonment.

27 Possessing weaponry for insurgency, banditry, sabotage or terrorism

(1) Any person who has any weaponry in his or her possession or under his or her control
with the intention that such weaponry will be used in the commission of an act of insurgency,
banditry, sabotage or terrorism shall be guilty of possessing weaponry for insurgency,
banditry, sabotage or terrorism and liable to imprisonment for life or any definite period of
imprisonment.
(2) If it is proved in a prosecution for possessing weaponry for insurgency, banditry,
sabotage or terrorism that
(a) the accused was in unlawful possession of any weaponry; and
(b) the weaponry consists of any weapon, firearm or ammunition
(i) referred to in section 24 of the Firearms Act [Chapter 10:09]; or
(ii) for the purchase, acquisition or possession of which the accused has no good
ostensible reason; or
(iii) that was part of a cache or was found in the possession of the accused in such
a quantity as cannot be accounted for by reason of personal use alone;

29
it shall be presumed, unless the contrary is proved, that the accused possessed the weaponry
with the intention that it should be used in the commission of an act of insurgency, banditry,
sabotage or terrorism.
(3) A person charged with possessing weaponry for insurgency, banditry, sabotage or
terrorism may be found guilty of
(a) contravening section 4 of the Firearms Act [Chapter 10:09]; or
(b) possessing dangerous weapons;
if such are the facts proved.

28 Possession of dangerous weapons

(1) Any person who has unlawful possession of any of the following weapons
(a) artillery of any kind or any shell or other ammunition therefor; or
(b) a flame thrower; or
(c) a bomb, grenade or similar missile or device, whether capable of use with a firearm
or not, including any fuse, detonator or timing device therefor; or
(d) a machine-gun or sub-machine-gun; or
(e) any automatic or semi-automatic firearm, other than a pistol, that is or has been in
use in the Defence Forces, the Police Force or the armed or police forces of any
neighbouring State;
shall be guilty of possessing a dangerous weapon and liable to a fine not exceeding level
twelve or imprisonment for a period not exceeding ten years or both.
(2) It shall be a defence to a charge of possessing a dangerous weapon for the accused to
prove that
(a) he or she was the holder of a certificate or permit issued under any enactment
authorising his or her possession of the weapon concerned; or
(b) he or she possessed the weapon concerned in the course of his or her duties as a
member of the Defence Forces or the Police Force, or as an employee of the State
duly authorised to possess the weapon.
(3) Where any firearm or ammunition in respect of which a firearm certificate is capable
of being granted in terms of the Firearms Act [Chapter 10:09] is found in the possession of
any person who does not hold such certificate, the competent charge is contravening section 4
of the Firearms Act [Chapter 10:09] and not possessing a dangerous weapon.
(4) A person charged with possessing a dangerous weapon may be found guilty of
contravening section 4 of the Firearms Act [Chapter 10:09] if such are the facts proved.

29 Harbouring, concealing or failing to report insurgent, bandit , saboteur or

terrorist
(1) Any person who, knowing that another person is an insurgent, bandit, saboteur or
terrorist, intentionally harbours or conceals that other person shall be guilty of harbouring or
concealing an insurgent, bandit, saboteur or terrorist and liable to a fine not exceeding level
twelve or imprisonment for a period not exceeding ten years or both.

30
 (2) Any person who becomes aware of the presence in Zimbabwe of another person
whom he or she knows to be an insurgent, bandit, saboteur or terrorist and who
(a) fails, within the period prescribed in subsection (3), to report to an official the
presence of that other person in Zimbabwe and any information it is in his or her
power to give in relation to that other person; or
(b) upon being questioned by an official, intentionally
(i) omits or refuses to disclose to the official any information it is in his or her
power to give in relation to that other person; or
(ii) gives the official false information in relation to that other person;
shall be guilty of failing to report the presence of an insurgent, bandit, saboteur or terrorist
and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five
years or both.
(3) A person shall make a report in terms of paragraph (a) of subsection (2) as soon as is
reasonably practicable after he or she becomes aware of the presence in Zimbabwe of the
insurgent, bandit, saboteur or terrorist concerned, and in any event within seventy-two hours
of becoming so aware.
(4) For the avoidance of doubt it is declared that a person who
(a) has committed an act of insurgency, banditry, sabotage or terrorism; or
(b) has attended a course or undergone training referred to in subsection (1) of section
twenty-five;
for which he or she has been convicted and sentenced or granted a pardon or amnesty shall
not be regarded as an insurgent, bandit, saboteur or terrorist in respect of that conduct.

30 Causing disaffection among Police Force or Defence Forces

If any person induces, or attempts to induce, or does any act with the intention or
realising that there is a real risk or possibility of inducing or causing any member of the
Police Force or Defence Forces to withhold his or her services, loyalty or allegiance or to
commit breaches of discipline, he or she shall be guilty be guilty of causing disaffection
among the Police Force or Defence Forces and liable to a fine not exceeding level seven or
imprisonment for a period not exceeding two years or both.

31 Publishing or communicating false statements prejudicial to the State

Any person who, whether inside or outside Zimbabwe—
(a) publishes or communicates to any other person a statement which is wholly or
materially false with the intention or realising that there is a real risk or possibility of
—
(i) inciting or promoting public disorder or public violence or endangering
public safety; or
(ii) adversely affecting the defence or economic interests of Zimbabwe; or
(iii) undermining public confidence in a law enforcement agency, the Prisons and
Correctional Service or the Defence Forces of Zimbabwe; or
(iv) interfering with, disrupting or interrupting any essential service;

31
 shall, whether or not the publication or communication results in a consequence
referred to in subparagraph (i), (ii), (iii) or (iv);
or
(b) with or without the intention or realisation referred to in paragraph (a), publishes or
communicates to any other person a statement which is wholly or materially false
and which—
(i) he or she knows to be false; or
(ii) he or she does not have reasonable grounds for believing to be true;
shall, if the publication or communication of the statement—
A. promotes public disorder or public violence or endangers public
safety; or
B. adversely affects the defence or economic interests of Zimbabwe; or
C. undermines public confidence in a law enforcement agency, the
Prisons and Correctional Service or the Defence Forces of Zimbabwe;
or
D. interferes with, disrupts or interrupts any essential service;
be guilty of publishing or communicating a false statement prejudicial to the State and liable
to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding twenty
years or both.

32 Unlawful possession or wearing of camouflage uniforms

(1) In this section—
“authorised person” means—
(a) a member of the Defence Forces, the Police Force, the Prisons and Correctional
Service or any other uniformed force of the State;
(b) a member of a military force of a foreign State who is—
(i) on attachment to any force referred to in paragraph (a) under an
arrangement made between the Government and the Government of
that foreign State; or
(ii) present in Zimbabwe, with the approval of the Government, in the
course of his or her official duties;
“camouflage uniform” means any article of wearing apparel made of material carrying
military-style camouflage markings.
(2) Subject to subsection (3), any person who unlawfully possesses or wears any
camouflage uniform shall be guilty of unlawfully possessing or wearing a camouflage
uniform, as the case may be, and liable—
(a) to a fine not exceeding level five or imprisonment for a period not exceeding six
months or both, in the case of unlawful possession of a camouflage uniform; or
(b) to a fine not exceeding level six or imprisonment for a period not exceeding one
year or both, in the case of unlawful wearing of any camouflage uniform.

32
 (3) Subsection (2) shall not apply in relation to—
(a) an authorised person to the extent that the person possesses or wears a camouflage
uniform that has, on or after the 18th April, 1980, been supplied to him or her, or
authorised for his or her use, by the force of which he or she is a member or to
which he or she is attached; or
(b) the possession of a camouflage uniform as an exhibit in a museum administered by
the State or in terms of the National Museums and Monuments Act [Chapter 25:11];
or
(c) any person or member of a class of persons exempted from this section by the
Minister by notice in writing to that person or by notice in the Gazette, as the
Minister thinks fit, to the extent that such person or member possesses or wears
camouflage uniform in accordance with the terms and conditions of such exemption.

33 Undermining authority of or insulting President

(1) In this section—
“publicly”, in relation to making a statement, means—
(a) making the statement in a public place or any place to which the public or any
section of the public have access;
(b) publishing it in any printed or electronic medium for reception by the public;
“statement” includes any act or gesture.
(2) Any person who publicly, unlawfully and intentionally—
(a) makes any statement about or concerning the President or an acting President with
the knowledge or realising that there is a real risk or possibility that the statement is
false and that it may—
(i) engender feelings of hostility towards; or
(ii) cause hatred, contempt or ridicule of;
the President or an acting President, whether in person or in respect of the
President’s office; or
(b) makes any abusive, indecent or obscene statement about or concerning the President
or an acting President, whether in respect of the President personally or the
President’s office;
shall be guilty of undermining the authority of or insulting the President and liable to a fine
not exceeding level six or imprisonment for a period not exceeding one year or both.

34 Attorney General to authorise prosecutions under Chapter III

No proceedings shall be instituted or continued against any person in respect of a crime in
terms of this Chapter, other than proceedings in respect of the crime of possessing a
dangerous weapon or unlawfully possessing or wearing a camouflage uniform or for the
purposes of remand, without the authority of the Attorney-General.

33
 CHAPTER IV
CRIMES AGAINST PUBLIC ORDER

35 Interpretation in Chapter IV
In this Chapter
“offensive material” and “weaponry” have the meanings given to those terms in section
nineteen;
“public demonstration” means a procession, gathering or assembly in a public place of
persons and additionally, or alternatively, of vehicles, where the gathering is in
pursuit of a common purpose of demonstrating support for, or opposition to, any
person, matter or thing, whether or not the gathering is spontaneous or is confined to
persons who are members of a particular organisation, association or other body or
to persons who have been invited to attend;
“public gathering” means a public meeting or a public demonstration;
“public meeting” means any meeting which is held in a public place or to which the
public or any section of the public have access, whether on payment or otherwise;
“public place” means any thoroughfare, building, open space or other place of any
description to which the public or any section of the public have access, whether on
payment or otherwise and whether or not the right of admission thereto is reserved.

36 Public violence
(1) Any person who, acting in concert with one or more other persons, forcibly and to a
serious extent
(a) disturbs the peace, security or order of the public or any section of the public; or
(b) invades the rights of other people;
intending such disturbance or invasion or realising that there is a real risk or possibility that
such disturbance or invasion may occur, shall be guilty of public violence and liable to a fine
not exceeding level twelve or imprisonment for a period not exceeding ten years or both.
(2) In determining whether or not a disturbance of peace, security or order or an invasion
of rights is sufficiently serious to constitute the crime of public violence, a court shall take
into account all relevant factors, including the following
(a) the nature and duration of the disturbance or invasion;
(b) the motive of the persons involved in the disturbance or invasion;
(c) whether the disturbance or invasion occurred in a public place or on private
property;
(d) whether or not the persons involved in the disturbance or invasion were armed and,
if so, the nature of their weapons;
(e) whether or not bodily injury or damage to property occurred in the course of or as a
result of the disturbance or invasion;
(f) whether or not there was an attack on the police or on other persons in lawful
authority;

34
 (g) the manner in which the disturbance or invasion came to an end.
(3) It shall be an aggravating circumstance if, in the course of or as a result of the public
violence
(a) there was an attack on the police or on other persons in lawful authority; or
(b) bodily injury or damage to property occurred; or
(c) the person who has been convicted of the crime instigated an attack on the police or
other persons in lawful authority or instigated the infliction of bodily injury or the
causing of damage to property.

37 Participating in gathering with intent to promote public violence,

breaches of the peace or bigotry
(1) Any person who—
(a) acts together with one or more other persons present with him or her in any place or
at any meeting with the intention or realising that there is a real risk or possibility of
forcibly—
(i) disturbing the peace, security or order of the public or any section of the
public; or
(ii) invading the rights of other people;
or
(b) acting together with one or more other persons present with him or her in any place
or at any meeting performs any action, utters any words or distributes or displays
any writing, sign or other visible representation that is obscene, threatening, abusive
or insulting, intending thereby to provoke a breach of the peace or realising that
there is a risk or possibility that a breach of the peace may be provoked; or
(c) acting together with one or more other persons present with him or her in any place
or at any meeting utters any words or distributes or displays any writing, sign or
other visible representation—
(i) with the intention to engender, promote or expose to hatred, contempt or
ridicule any group, section or class of persons in Zimbabwe solely on
account of the race, tribe, nationality, place of origin, national or ethnic
origin, colour, religion or gender of such group, section or class of persons;
or
(ii) realising that there is a risk or possibility that such behaviour might have an
effect referred to in subparagraph (i);
shall be guilty of participating in a gathering with intent to promote public violence, a breach
of the peace or bigotry, as the case may be, and be liable to a fine not exceeding level ten or
imprisonment for a period not exceeding five years or both.
(2) The crime of participating in a gathering with intent to promote public violence, a
breach of the peace or bigotry is committed whether the action constituting it is spontaneous
or planned in advance, and whether the place or meeting where it occurred is public or
private.

35
 (3) For the avoidance of doubt it is declared that where a person would be liable for
contravening—
(a) paragraph (a) or (b); or
(b) paragraph (c);
of subsection (1), but for the fact that the person acted alone in a public place, the competent
charge is disorderly conduct in a public place or causing offence to persons of a particular
race, tribe, place of origin, colour, creed or religion, as the case may be, and not a
contravention of a provision referred to in paragraph (a) or (b).

38 Obstructing or endangering free movement of persons or traffic

Any person who—
(a) throws or propels or prepares to throw or propel any missile, article or thing at any
person, motor vehicle, boat, aircraft or building with the intention or realising that
there is a real risk or possibility of causing damage or injury; or
(b) without lawful excuse, the proof whereof lies on him or her, overturns or attempts to
overturn any motor vehicle, boat or aircraft; or
(c) otherwise than under and in accordance with any other enactment, leaves or places
on or over any road any thing with the intention or realising that there is a real risk
or possibility of obstructing such road or endangering persons using it;
shall be guilty of obstructing or endangering the free movement of persons or traffic and
liable to a fine not exceeding level twelve or imprisonment for a period not exceeding ten
years or both.

39 Dealing in or possession of prohibited knives

(1) In this section
“deal in”, in relation to a prohibited knife, means sell, hire or offer, or display or
advertise for sale or hire, or lend or give to any other person, a prohibited knife;
“prohibited knife” means a knife
(a) which has a blade—
(i) which opens automatically by hand pressure applied to a button, spring
or other device in or attached to the handle of the knife, sometimes
known as a “flick knife”; or
(ii) which is released from the handle or sheath of the knife by the force of
gravity or the application of centrifugal force and which, when
released, is locked in place by means of a button, spring, lever or other
device, sometimes known as a “gravity knife”; or
(iii) which is—
A. released from the handle or sheath of the knife manually; and
B. locked in the open position by means of a button, spring, lever
or other device; and
C. released from the locked open position otherwise than solely by
manual pressure on the blade;

36
 other than a trimming knife the blade of which does not exceed thirty
millimetres in length;
or
(b) which is declared in terms of subsection (2) to be a prohibited knife.
(2) Where the Minister considers it necessary in the public interest to do so, the Minister
may, by notice in a statutory instrument, declare any knife or class of knife to be a prohibited
knife for the purposes of this section and may, in like manner, withdraw any such declaration.
(3) Any person who deals in, or has in his or her possession, any prohibited knife shall be
guilty of dealing in or possessing a prohibited knife, as the case may be, and liable to a fine
not exceeding level six or imprisonment for a period not exceeding one year or both.
(4) The court convicting any person of a contravention of subsection (3) may order that
any knife which formed the subject of the charge shall be forfeited to the State.

40 Possession of articles for criminal use

(1) Any person who, without lawful excuse, knowingly has in his or her custody or
possession any article for use in unlawful entry into premises, theft, fraud or a contravention
of section 57 of the Road Traffic Act [Chapter 13:11] shall be guilty of possessing an article
for criminal use and liable to a fine not exceeding level ten or imprisonment for a period not
exceeding one year or both.
(2) In a prosecution for possessing an article for criminal use
(a) the onus of proving a lawful excuse for the custody or possession of an article
referred to in subsection (1) shall lie on the person charged with the crime;
(b) if it is proved that the person charged with the crime had in his or her custody or
possession an article made or adapted for use in unlawful entry into premises, theft,
fraud or a contravention of section 57 of the Road Traffic Act [Chapter 13:11] it
shall be presumed unless the contrary is proved that the person had it in his or her
possession for such use.

41 Disorderly conduct in public place

Any person who, in a public place
(a) intentionally engages in disorderly or riotous conduct; or
(b) uses threatening, abusive or insulting words or behaves in a threatening, abusive or
insulting manner, intending to provoke a breach of the peace or realising that there is
a real risk or possibility that a breach of the peace may be provoked;
shall be guilty of disorderly conduct in a public place and liable to a fine not exceeding level
five or to imprisonment for a period not exceeding six months or both.

42 Causing offence to persons of a particular race, religion, etc.

(1) In this section—
“creed or religion” means any system of beliefs associated with practices of worship that
is adhered to by any significant body of persons in Zimbabwe or any other country;

37
 “film”, “picture”, “publication”, “record” and “statue” have the meanings assigned to
those terms by section 2 of the Censorship and Entertainments Control Act [Chapter
10:04];
“publicly”, in relation to making a statement, means—
(a) making the statement in a public place or any place to which the public or any
section of the public have access;
(b) publishing it in any printed or electronic medium for reception by the public;
“statement” includes any act, gesture or form of expression, whether verbal, written or
visual, but does not include any film, picture, publication, statue or record that is of a
bona fide literary or artistic character.
(2) Any person who publicly makes any insulting or otherwise grossly provocative
statement that causes offence to persons of a particular race, tribe, place of origin, colour,
creed or religion, intending to cause such offence or realising there is a real risk or possibility
of doing so, shall be guilty of causing offence to persons of a particular race, tribe, place of
origin, colour, creed or religion, as the case may be, and liable to a fine not exceeding level
six or imprisonment for a period not exceeding one year or both.

43 Possession of offensive weapons at public gatherings

(1) In this section—
“offensive weapon” means—
(a) any weaponry or offensive material; or
(b) any object made or adapted to be used for causing injury to the person; or
(c) any stone.
(2) Any person who, while present at a public gathering, has with him or her any
offensive weapon, otherwise than in pursuance of lawful authority, shall be guilty of
possessing an offensive weapon at a public gathering and liable to a fine not exceeding level
ten or imprisonment for a period not exceeding five years or both.
(3) For the purposes of subsection (2), a person shall be deemed to be acting in
pursuance of lawful authority only if the person is acting in his or her capacity as a police
officer, a member of the Defence Forces or an employee of the State or a local authority.

44 Disrupting a public gathering

Any person who, at a public gathering
(a) engages in disorderly or riotous conduct; or
(b) uses threatening abusive or insulting words or behaves in a threatening, abusive or
insulting manner;
intending to prevent the transaction of the business for which the gathering was called
together, or realising that there is a real risk or possibility that the transaction of business may
be prevented, shall be guilty of disrupting a public gathering and liable to a fine not exceeding
level five or imprisonment for a period not exceeding six months or both.

38
45 Intimidation
Any person who, intentionally and by means of an express or implied threat of unlawfully
inflicted harm, compels or induces another person
(a) to do something which that person is not legally obliged to do; or
(b) to refrain from doing something which that person is legally entitled to do;
shall be guilty of intimidation and liable to a fine not exceeding level ten or imprisonment for
a period not exceeding five years or both.

46 Criminal nuisance
Any person who does any of the acts specified in the Third Schedule shall be guilty of
criminal nuisance and liable to a fine not exceeding level five or imprisonment for a period
not exceeding six months or both.

CHAPTER V
CRIMES AGAINST THE PERSON

PART I
HOMICIDE

47 Murder
(1) Any person who causes the death of another person
(a) intending to kill the other person; or
(b) realising that there is a real risk or possibility that his or her conduct may cause
death, and continues to engage in that conduct despite the risk or possibility;
shall be guilty of murder.
(3) In determining an appropriate sentence to be imposed upon a person convicted of
murder, and without limitation on any other factors or circumstances which a court may take
into account, a court shall regard it as an aggravating circumstance if-
(a) the murder was committed by the accused in the course of, or in connection with, or as the
result of, the commission of any one or more of the following crimes, or of any act
constituting an essential element
of any such crime (whether or not the accused was also charged with or convicted of such
crime)-
(i) an act of insurgency, banditry, sabotage or terrorism; or
(ii) the rape or other sexual assault of the victim; or
(iii) kidnapping or illegal detention, robbery, hijacking, piracy or escaping from lawful
custody; or
(iv) unlawful entry into a dwelling house, or malicious damage to property if the property in
question was a dwelling house and the damage was effected by the use of fire or explosives;
or
(b) the murder was one of two or more murders committed by the accused during the same
episode, or was one of a series of two or more murders committed by the accused over any
period of time: or

39
(c) the murder was preceded or accompanied by physical torture or mutilation inflicted by the
accused on the victim; or
(d) the victim was murdered in a public place or in an aircraft, public passenger transport
vehicle or vessel, railway car or other public conveyance by the use means (such as fire,
explosives or the indiscriminate firing of a weapon) that caused or involved a substantial risk
of serious injury to bystanders.
(4) A court may also, in the absence of other circumstances of a mitigating nature, or
together with other circumstances of an aggravating nature, regard as an aggravating
circumstance the fact that-
(a) the murder was premeditated; or
(b) the murder victim was a police officer or prison officer, a minor, or was pregnant, or was
of or over the age of seventy years or was physically disabled.
(5) A person convicted of murder shall be liable-
(a) subject to sections 337 and 338 of the Criminal Procedure and Evidence Act [Chapter
9:07], to death, imprisonment for life or imprisonment for any definite period of not less than
twenty years, if the crime was committed in aggravating circumstances as provided in
subsection (3) or (4); or
(b) in any other case to imprisonment for any definite period.
(6) For the avoidance of doubt, it is declared that the circumstances enumerated in
subsections (3) and (4) as being aggravating are not exhaustive, and that a court may find
other circumstances in which a murder is committed to be aggravating for the purposes of
subsection (5)(a).
(7) A person convicted of attempted murder or of incitement or conspiracy to commit
murder shall be liable to be sentenced to imprisonment for life or any definite period of
imprisonment.

48 Infanticide
(1) Any woman who, within six months of the birth of her child, causes its death
(a) intentionally; or
(b) by conduct which she realises involves a real risk to the child’s life;
at a time when the balance of her mind is disturbed as a result of giving birth to the child,
shall be guilty of infanticide and liable to imprisonment for a period not exceeding five years.
(2) Where a woman is charged with the murder of her child committed within six months
of the child’s birth and it is proved that she caused the child’s death at a time when the
balance of her mind was disturbed as a result of giving birth to the child, she shall not be
found guilty of murder but may be found guilty of infanticide if the evidence establishes that
she committed that crime.
(3) For the purposes of this section, in determining whether or not the balance of a
woman’s mind was disturbed as a result of giving birth to a child, regard shall be had to any
pressure or stress from which she suffered arising out of any one or more of the following
circumstances or considerations
(a) the effects which the birth had, or which she believed it would have, on her social,
financial or marital situation;

40
 (b) the difficulties which were created, or which she believed would be created, in
caring for the child in the social, financial or marital situation in which the child was
born;
(c) the difficulties which she had, or which she believed she would have, in caring for
the child due to her inexperience or incapacity;
(d) any other relevant circumstance or consideration, whether based on the
psychological effects on the woman's mind arising from the birth itself, or otherwise.
(4) For the avoidance of doubt it is declared that nothing in this section precludes
(a) a woman from being charged with the murder of her child and, subject to subsection
(2), from being convicted of and punished for that crime; or
(b) a court from returning a special verdict in terms of section 29 of the Mental Health
Act [Chapter 15:12] (No. 15 of 1996) in respect of a woman charged with causing
the death of her child.

49 Culpable homicide
Any person who causes the death of another person
(a) negligently failing to realise that death may result from his or her conduct; or
(b) realising that death may result from his or her conduct and negligently failing to
guard against that possibility;
shall be guilty of culpable homicide and liable to imprisonment for life or any definite period
of imprisonment or a fine up to or exceeding level fourteen or both.

50 Inciting or assisting suicide

Any person who incites, induces, aids, counsels, procures or provides the means for the
suicide or attempted suicide of another person, knowing that the other person intends to
commit suicide or realising that there is a real risk or possibility that the other person may
commit suicide, shall be guilty of inciting or assisting suicide and liable to a fine up to or
exceeding level fourteen, or imprisonment for life or any definite period of imprisonment, or
both such fine and such imprisonment.

51 Time of commencement of life and time of death

(1) For the purposes of this Part, life shall be deemed to have commenced when a newly-
born child has breathed, whether or not it has an independent circulation at that time and
whether or not it is entirely separated from the body of its mother.
(2) For the purposes of this Part, the time of a person’s death shall be deemed to be
(a) except in the case referred to in paragraph (b), when there has been an irreversible
cessation of the person’s heart-lung functions; or
(b) where the person has been installed on a heart-lung or ventilator machine or other
life-support system, when a competent medical practitioner, after carrying out
appropriate tests, diagnoses and confirms that brain death has occurred.

41
52 Accelerating death equivalent to causing it
For the purposes of this Part, a person shall be deemed to have caused the death of
another person if he or she accelerates a death that would have occurred as a result of other
independent causes.

53 Causing death: guidelines

(1) In deciding whether or not there is a causal link between a person’s conduct and the
death of another person, a court shall be guided by the following factors in addition to any
others that are relevant in the particular case
(a) a subsequent event which is abnormal, that is to say, which is unlikely in the light of
human experience to follow the conduct, may be regarded as breaking the causal
link unless it was planned or anticipated by the person responsible for the conduct;
(b) where the result of the conduct was to inflict a mortal or serious injury upon the
other person, there is normally a causal link between the conduct and the other
person’s death;
(c) voluntary conduct on the part of the person who subsequently dies is more likely
than involuntary subsequent conduct on the part of that person to break the causal
link between the conduct and his or her death;
(d) it is within the range of ordinary human experience that particular persons may
suffer from ailments or physical susceptibilities which make them more liable than
other persons to die from assaults or from other unlawful conduct.
(2) For the avoidance of doubt it is declared that a person will be held to have caused the
death of another person if death results from a failure to discharge a legal duty owed by the
first-mentioned person to the second-mentioned person.

54 Mercy killing and removal of persons from life-support systems

(1) Subject to this section, it shall be no defence to a charge of murder, infanticide,
culpable homicide or inciting or assisting suicide that
(a) the person charged with the crime acted or omitted to act, as the case may be, in
order to relieve suffering; or
(b) the deceased person requested that his or her life should be ended;
but a court may take any such factor into account in deciding upon an appropriate sentence.
(2) The High Court may, on application, order that a person be removed from a heart-
lung or ventilator machine or other life-support system, if the court is satisfied, from the
evidence of at least one medical practitioner, other than any medical practitioner who has
been treating the person, that
(a) the person is unconscious and there is no reasonable prospect of his or her regaining
consciousness; and
(b) although the person’s brain functions may not have entirely ceased, his or her life is
being artificially sustained by the machine or system and there is no reasonable
prospect that he or she will ever be able to survive without being on the machine or
system.
(3) An application in terms of subsection (2) may be made

42
 (a) by a spouse, brother, sister, parent, guardian, curator or tutor of the person referred
to in subsection (2); or
(b) by the person in charge of the hospital or other institution in which the person
referred to in subsection (2) is being kept.
(4) In an application in terms of subsection (2), the court
(a) may appoint a curator ad litem to represent the interests of the person referred to in
subsection (2); and
(b) shall ensure that, where practicable, every person who has an interest in the matter
has been given notice of the application and has been afforded a reasonable
opportunity of being heard therein.
(5) No criminal liability shall attach to
(a) any person who terminates the life of another person pursuant to an order under
subsection (2); or
(b) an applicant referred to in subsection (3); or
(c) the curator ad litem referred to in subsection (4).
(6) An order granted in terms of subsection (2) shall cease to be valid after eighteen
months has elapsed from the date on which it was granted.

55 Killing while disposing of victim’s body

(1) If any person
(a) does or omits to do any thing in relation to another person which, if it caused that
other person’s death, would constitute murder or infanticide; and
(b) thinking that by such conduct he or she has killed the other person, disposes or
attempts to dispose of the other person’s body;
he or she shall be guilty of murder or infanticide, as the case may be, if, when he or she
engages in the disposal, the other person is not dead but dies as a result of the disposal or
attempted disposal.
(2) Subsection (1) shall apply whether the person concerned formed the intention to
dispose of the other person's body before, during or after he or she does or omits to do the
thing referred to in paragraph (a) of that subsection.
(3) Nothing in this section shall prevent a person being convicted of culpable homicide
or any other crime arising out of the disposal or attempted disposal of another person’s body.

56 Error as to identity
The fact that a person charged with murder, infanticide or culpable homicide mistakenly
believed that the person whose death he or she caused was someone else, shall not constitute a
defence to the charge.

57 Deflected blow in homicide cases

If any person

43
 (a) does or omits to do anything in relation to another person which, if it caused that
other person’s death, would constitute murder, infanticide or culpable homicide;
and
(b) by the conduct referred to in paragraph (a), causes the death of someone other than
his or her intended victim;
he or she shall be guilty of the following crimes
(i) in respect of the intended victim
A. murder, infanticide or culpable homicide, as the case may be, if the
intended victim dies; or
B. attempted murder, attempted infanticide or assault, as may be
appropriate, if the intended victim does not die;
and
(ii) in respect of the person whose death he or she has actually caused
A. murder or infanticide, as the case may be, if he or she realised that his
or her conduct involved a real risk or possibility of causing the death
of someone other than his intended victim; or
B. culpable homicide, if the requisites of that crime are satisfied.

58 Joining in after fatal injury inflicted

If
(a) a person does or omits to do anything in relation to another person which, if it
caused that other person's death, would constitute murder, infanticide or culpable
homicide; and
(b) before he or she does or omits to do the thing referred to in paragraph (a), and
independently of that act or omission, his or her victim has received injuries,
whether in a fatal attack or otherwise, which subsequently cause the victim’s death;
he or she shall be guilty of
(i) murder, infanticide or culpable homicide, as the case may be, if his or her
conduct accelerated the death of his or her victim; or
(ii) attempted murder, attempted infanticide or assault, as may be appropriate, if
his or her conduct did not accelerate the death of his or her victim.

PART II
UNLAWFUL TERMINATION OF PREGNANCY

59 Interpretation in Part II of Chapter V

In this Part
“embryo or foetus” means a live human embryo or foetus;
“terminate”, in relation to a pregnancy, means to cause the death of an embryo or
foetus
(a) while it is growing in a female person’s womb; or

44
 (b) by its expulsion from a female person’s womb;
“womb” does not include the fallopian tubes.

60 Unlawful termination of pregnancy

(1) Any person who
(a) intentionally terminates a pregnancy; or
(b) terminates a pregnancy by conduct which he or she realises involves a real risk or
possibility of terminating the pregnancy;
shall be guilty of unlawful termination of pregnancy and liable to a fine not exceeding level
ten or imprisonment for a period not exceeding five years or both.
(2) It shall be a defence to a charge of unlawful termination of pregnancy for the accused
to prove that
(a) the termination of the pregnancy occurred in the course of a “Caesarean section”,
that is, while delivering a foetus through the incised abdomen and womb of the
mother in accordance with medically recognised procedures; or
(b) the pregnancy in question was terminated in accordance with the Termination of
Pregnancy Act [Chapter 15:10].

PART III
SEXUAL CRIMES AND CRIMES AGAINST MORALITY

Division A: Preliminary

61 Interpretation in Part III of Chapter V

(1) In this Part
“anal sexual intercourse” means penetration of the anus by the penis;
“brothel” means any place which is occupied or used for the purposes of prostitution or
for persons to visit for the purpose of having extra-marital sexual intercourse for
money or reward;
“extra-marital sexual intercourse” means sexual intercourse otherwise than between
spouses;
“HIV” means the human immuno-deficiency virus;
“keep”, in relation to a brothel, has the meaning set out in subsection (2);
“mentally incompetent person” means a person who is mentally disordered or
intellectually handicapped, as defined in section 2 of the Mental Health Act
[Chapter 15:12] (No. 15 of 1996);
“owner”, in relation to any place, includes a person who lets or sublets or permits the
occupation of the place, whether in his or her own right or on behalf of another
person;
“place” includes any premises, enclosure, vehicle or boat or any part thereof;
“prostitute” means a male or female person who for money or reward—

45
 (a) allows other persons to have anal or extra-marital sexual intercourse or engage
in other sexual conduct with him or her; or
(b) solicits other persons to have anal or extra-marital sexual intercourse or engage
in other sexual conduct with him or her;
and the word “prostitution” shall be construed accordingly;
“public place” means any road, building, open space or other place of any description to
which the public or any section of the public have access, whether on payment or
otherwise and whether or not the right of admission thereto is reserved;
“sexual intercourse” means vaginal sexual intercourse between a male person and a
female person involving the total penetration or penetration to the slightest degree of
the vagina by the penis;
“sexually-transmitted disease” includes any disease commonly transmitted by sexual
intercourse or anal sexual intercourse;
“unlawful sexual conduct” means any act the commission of which constitutes the crime
of rape, aggravated indecent assault, indecent assault, sexual intercourse or
performing an indecent act with a young person or sodomy;
“young person” means a boy or girl under the age of sixteen years.
(2) The following persons shall be deemed for the purposes of this Part to keep a brothel
—
(a) any person who manages the brothel or assists in its management;
(b) the owner of the brothel, if he or she uses the place as a brothel or knowingly allows
it to be so used;
(c) any person who knowingly receives the whole or any part of any money taken in the
brothel;
(d) any person who resides in the brothel, unless he or she proves that he or she was
ignorant of the character of the place;
(e) any person found in the brothel who wilfully refuses to disclose the name and
identity of the keeper or owner thereof.

62 Presumption regarding marriage

Whenever in any prosecution under this Part the question is in issue whether any sexual
intercourse between two persons was extra-marital, the persons shall be deemed not to have
been spouses at the time of such intercourse, unless the contrary is proved.

63 Amendment of presumption that boy under 14 incapable of sexual

intercourse
(1) The irrebuttable presumption or rule of law that a boy under the age of fourteen years
is incapable of sexual intercourse shall not apply in Zimbabwe in relation to boys who have
reached the age of twelve years.
(2) A boy over the age of twelve years but below the age of fourteen years shall be
presumed incapable of performing sexual intercourse unless the contrary is shown on a
balance of probabilities.

46
 (3) Subsections (1) and (2) shall not affect any presumption or rule of law relating
generally to the criminal capacity of children under the age of fourteen years.

64 Competent charges in cases of unlawful sexual conduct involving young

or mentally incompetent persons
(1) A person accused of engaging in sexual intercourse, anal sexual intercourse or other
sexual conduct with a young person of or under the age of twelve years shall be charged
with rape, aggravated indecent assault or indecent assault, as the case may be, and not with
sexual intercourse or performing an indecent act with a young person, or sodomy.
(2) A person accused of engaging in sexual intercourse, anal sexual intercourse or other
sexual conduct with a young person above the age of twelve years but of or below the age of
fourteen years shall be charged with rape, aggravated indecent assault or indecent assault, as
the case may be, and not with sexual intercourse or performing an indecent act with a young
person, unless there is evidence that the young person
(a) was capable of giving consent to the sexual intercourse, anal sexual intercourse or
other sexual conduct; and
(b) gave his or her consent thereto.
(3) A person who engages in sexual intercourse, anal sexual intercourse or other sexual
conduct with a mentally incompetent adult person shall be charged with rape, aggravated
indecent assault or indecent assault, as the case may be, unless there is evidence that the
mentally incompetent person
(a) was capable of giving consent to the sexual intercourse, anal sexual intercourse or
other sexual conduct, and
(b) gave his or her consent thereto:
Provided that it shall be a defence to a charge of rape, aggravated indecent assault or
indecent assault, as the case may be, committed against a mentally incompetent adult person
for the accused person to satisfy the court that he or she did not know that the person against
whom he or she committed the act alleged in the charge was mentally incompetent.
(4) If, in the case of a male person who engages in anal sexual intercourse or other sexual
conduct with a young male person of or below the age of fourteen years, or with a mentally
incompetent male person, there is evidence that the young or mentally incompetent person
(a) was capable of giving consent to the anal sexual intercourse or other sexual conduct,
and
(b) gave his consent thereto;
the first-mentioned male person alone shall be charged with sodomy.

Division B: Sexual crimes

65 Rape
(1) If a male person knowingly has sexual intercourse or anal sexual intercourse with a
female person and, at the time of the intercourse
(a) the female person has not consented to it; and

47
 (b) he knows that she has not consented to it or realises that there is a real risk or
possibility that she may not have consented to it;
he shall be guilty of rape and liable to imprisonment for life or any definite period of
imprisonment.
(2) For the purpose of determining the sentence to be imposed upon a person convicted
of rape, a court shall have regard to the following factors, in addition to any other relevant
factors and circumstances
(a) the age of the person raped;
(b) the degree of force or violence used in the rape;
(c) the extent of physical and psychological injury inflicted upon the person raped;
(d) the number of persons who took part in the rape;
(e) the age of the person who committed the rape;
(f) whether or not any weapon was used in the commission of the rape;
(g) whether the person committing the rape was related to the person raped in any of the
degrees mentioned in subsection (1) of section seventy-five;
(h) whether the person committing the rape was the parent or guardian of, or in a
position of authority over, the person raped;
(i) whether the person committing the rape was infected with a sexually transmitted
disease at the time of the rape.

66 Aggravated indecent assault

(1) Any person who
(a) being a male person
(i) commits upon a female person any act, other than sexual intercourse or anal
sexual intercourse, involving the penetration of any part of the female
person’s body or of his own body; or
(ii) commits upon a male person anal sexual intercourse or any other act
involving the penetration of any part of the other male person’s body or of
his own body;
(b) being a female person
(i) has sexual intercourse with or commits upon a male person any other act
involving the penetration of any part of the male person’s body or of her own
body; or
(ii) commits upon a female person any act involving the penetration of any part
of the other female person’s body or of her own body;
with indecent intent and knowing that the other person has not consented to it or realising that
there is a real risk or possibility that the other person may not have consented to it, shall be
guilty of aggravated indecent assault and liable to the same penalty as is provided for rape.
(2) For the purpose of determining the sentence to be imposed upon a person convicted
of aggravated indecent assault, a court shall have regard to the same factors as are mentioned
in connection with determining the sentence to be imposed upon a person convicted of rape in

48
subsection (2) of section sixty-five, in addition to any other relevant factors and
circumstances.

67 Indecent assault
(1) A person who
(a) being a male person
(i) commits upon a female person any act involving physical contact that would
be regarded by a reasonable person to be an indecent act, other than sexual
intercourse or anal sexual intercourse or other act involving the penetration
of any part of the female person’s body or of his own body; or
(ii) commits upon a male person any act involving physical contact that would
be regarded by a reasonable person to be an indecent act, other than anal
sexual intercourse or other act involving the penetration of any part of the
male person’s body or of his own body; or
(b) being a female person
(i) commits upon a male person any act involving physical contact that would
be regarded by a reasonable person to be an indecent act, other than sexual
intercourse or any other act involving the penetration of any part of the male
person’s body or of her own body; or
(ii) commits upon a female person any act involving physical contact that would
be regarded by a reasonable person to be an indecent act, other than any act
involving the penetration of any part of the other female person’s body or of
her own body;
with indecent intent and knowing that the other person has not consented to it or realising that
there is a real risk or possibility that the other person may not have consented to it, shall be
guilty of indecent assault and liable to a fine not exceeding level seven or imprisonment for a
period not exceeding two years or both.
(2) For the purpose of determining the sentence to be imposed upon a person convicted
of indecent assault, a court shall have regard to the same factors as are mentioned in
connection with determining the sentence to be imposed upon a person convicted of rape in
subsection (2) of section sixty-five, in addition to any other relevant factors and
circumstances.
(3) For the avoidance of doubt, it is declared that where a person would be liable for
contravening subsection (1) but for the fact that
(a) physical contact was absent, the competent charge shall be criminal insult or, if the
person intended but failed to engage in physical contact, attempted indecent assault;
(b) indecent intent was absent, the competent charge shall be criminal insult.

68 Unavailable defences to rape, aggravated indecent assault and indecent

assault
It shall not be a defence to a charge of rape, aggravated indecent assault or indecent
assault

49
 (a) that the female person was the spouse of the accused person at the time of any
sexual intercourse or other act that forms the subject of the charge:
Provided that no prosecution shall be instituted against any husband for raping
or indecently assaulting his wife in contravention of section sixty-six or sixty-seven
unless the Attorney-General has authorised such a prosecution; or
(b) subject to sections six, seven and sixty-three, that the accused person was a male
person below the age of fourteen years at the time of the sexual intercourse or other
act that forms the subject of the charge.

69 Cases where consent absent or vitiated

(1) Without limiting Part X of Chapter XIV, a person shall be deemed not to have
consented to sexual intercourse or any other act that forms the subject of a charge of rape,
aggravated indecent assault or indecent assault, where the person charged with the crime
(a) uses violence or threats of violence or intimidation or unlawful pressure to induce
the other person to submit; or
(b) by means of a fraudulent misrepresentation induces the other person to believe that
something other than sexual intercourse or an indecent act, as the case may be, is
taking place; or
(c) induces the other person to have sexual intercourse or to submit to the performance
of the indecent act, as the case may be, by impersonating that other person’s spouse
or lover; or
(d) has sexual intercourse or performs an indecent act upon the other person while that
other person is asleep, and that other person has not consented to the sexual
intercourse or the performance of the act before falling asleep; or
(e) has sexual intercourse or performs an indecent act upon the other person while that
other person is hypnotised or intoxicated from the consumption of drugs or alcohol
so as to be incapable of giving consent to the sexual intercourse or the performance
of the act, and that other person has not consented to the sexual intercourse or the
performance of the act before becoming so hypnotised or intoxicated.
(2) The burden of proving that a person referred to in paragraph (d) or (e) of subsection
(1) gave consent to sexual intercourse or the performance of an indecent act before falling
asleep or becoming hypnotised or intoxicated, as the case may be, shall lie with the person
charged.

70 Sexual intercourse or performing indecent acts with young persons

(1) Subject to subsection (2), any person who—
(a) has extra-marital sexual intercourse with a young person; or
(b) commits upon a young person any act involving physical contact that would be
regarded by a reasonable person to be an indecent act; or
(c) solicits or entices a young person to have extra-marital sexual intercourse with him
or her or to commit any act with him or her involving physical contact that would be
regarded by a reasonable person to be an indecent act;

50
shall be guilty of sexual intercourse or performing an indecent act with a young person, as the
case may be, and liable to a fine not exceeding level twelve or imprisonment for a period not
exceeding ten years or both.
(2) It shall be no defence to a charge of sexual intercourse or performing an indecent act
with a young person to prove that he or she consented to such sexual intercourse or indecent
act.
(2a) Where extra-marital sexual intercourse or an indecent act occurs between young
persons who are both over the age of twelve years but below the age of sixteen years at the
time of the sexual intercourse or the indecent act, neither of them shall be charged with sexual
intercourse or performing an indecent act with a young person except upon a report of a
probation officer appointed in terms of the Children's Act [Chapter 5:06] showing that it is
appropriate to charge one of them with that crime.
(3) It shall be a defence to a charge under subsection (1) for the accused person to satisfy
the court that he or she had reasonable cause to believe that the young person concerned was
of or over the age of sixteen years at the time of the alleged crime:
Provided that the apparent physical maturity of the young person concerned shall not, on
its own, constitute reasonable cause for the purposes of this subsection.
(4) For the avoidance of doubt—
(a) the competent charge against a person who—
(i) has sexual intercourse with a female person below the age of twelve years,
shall be rape; or
(ii) commits upon a female or male person below the age of twelve years any act
referred to in subsection (1) of section sixty-six, shall be aggravated indecent
assault;
(iii) commits upon a female or male person below the age of twelve years any act
involving physical contact (other than an act referred to in subsection (1) of
section sixty-six) that would be regarded by a reasonable person to be an
indecent act, shall be indecent assault;
(iv) without the consent of a female person of or above the age of twelve years
but below the age of sixteen years, has sexual intercourse with that female
person, shall be rape; or
(v) without the consent of a female or male person of or above the age of twelve
years but below the age of sixteen years, commits upon that female or male
person any act referred to in subsection (1) of section sixty-six, shall be
aggravated indecent assault;
(vi) without the consent of a female or male person of or above the age of twelve
years but below the age of sixteen years, commits upon that female or male
person any act involving physical contact (other than an act referred to in
subsection (1) of section sixty-six) that would be regarded by a reasonable
person to be an indecent act, shall be indecent assault; or
and not sexual intercourse or performing an indecent act with a young person;
(b) a young person shall be deemed not to have consented to sexual intercourse, or to
any act involving physical contact that would be regarded by a reasonable person to

51
 be an indecent act, in any of the circumstances referred to in section sixty-nine, in
which event the person accused of having sexual intercourse or performing an
indecent act with the young person shall be charged with rape, aggravated indecent
assault or indecent assault, as the case may be.

71 Sexual crimes committed against young or mentally incompetent

persons outside Zimbabwe
(1) Any person who is a citizen of Zimbabwe or ordinarily resident therein and who does
anything outside Zimbabwe to, with or against a young or mentally incompetent adult person
which, if it were done in Zimbabwe, would constitute—
(a) the crime of rape, aggravated indecent assault, indecent assault, sexual intercourse or
performing an indecent act with a young person or sodomy; or
(b) an attempt, conspiracy or incitement to commit a crime referred to in paragraph (a);
shall be guilty of the appropriate crime referred to in paragraph (a) or (b) and liable to be
sentenced accordingly.
(2) Any person who, in Zimbabwe, conspires with or incites another person to do
anything outside Zimbabwe to, with or against a young or mentally incompetent adult person
which, if it were done in Zimbabwe, would constitute the crime of rape, aggravated indecent
assault, indecent assault, sexual intercourse or performing an indecent act with a young
person or sodomy, shall be guilty of conspiracy or incitement, as the case may be, to commit
the appropriate crime and liable to be sentenced accordingly.
(3) Subsections (1) and (2) shall apply whether or not the act which the person is alleged
to have committed or which was the subject of his or her alleged conspiracy or incitement, as
the case may be, was a crime in the place where it was committed.

72 Prevention of conspiracy or incitement abroad to commit sexual crimes

against young or mentally incompetent persons in Zimbabwe
(1) Any person who, outside Zimbabwe, conspires with or incites another person to
commit the crime of rape, aggravated indecent assault, indecent assault, sexual intercourse or
performing an indecent act or sodomy in Zimbabwe with or against a young or mentally
incompetent adult person shall be guilty of conspiracy or incitement, as the case may be, to
commit the appropriate crime and liable to be sentenced accordingly.
(2) Subsection (1) shall apply whether or not conspiracy or incitement to commit the
crime concerned is a crime in the place where the alleged conspiracy or incitement took place.

73 Sodomy
(1) Any male person who, with the consent of another male person, knowingly performs
with that other person anal sexual intercourse, or any act involving physical contact other than
anal sexual intercourse that would be regarded by a reasonable person to be an indecent act,
shall be guilty of sodomy and liable to a fine up to or exceeding level fourteen or
imprisonment for a period not exceeding one year or both.
(2) Subject to subsection (3), both parties to the performance of an act referred to in
subsection (1) may be charged with and convicted of sodomy.

52
 (3) For the avoidance of doubt it is declared that the competent charge against a male
person who performs anal sexual intercourse with or commits an indecent act upon a young
male person—
(a) who is below the age of twelve years, shall be aggravated indecent assault or
indecent assault, as the case may be; or
(b) who is of or above the age of twelve years but below the age of sixteen years and
without the consent of such young male person, shall be aggravated indecent assault
or indecent assault, as the case may be; or
(c) who is of or above the age of twelve years but below the age of sixteen years and
with the consent of such young male person, shall be performing an indecent act
with a young person.

74 Bestiality
Any person who knowingly commits any sexual act with an animal or bird shall be guilty
of bestiality and liable to a fine up to or exceeding level fourteen or imprisonment for a period
not exceeding one year or both.

75 Sexual intercourse within a prohibited degree of relationship

(1) In this section
“first cousin”, in relation to any person, means the child or any descendant of the child of
the uncle or aunt of such person;
“second cousin”, in relation to any person, means the child or any descendant of the child
of the great-uncle or great-aunt of such person.
(2) Where sexual intercourse takes place between
(a) a parent and his or her natural child, whether born in or out of wedlock, or adopted
child, whether the child is under the age of eighteen years or not; or
(b) a step-parent and his or her step-child, whether the step-child’s parent and step-
parent are married under the Marriage Act [Chapter 5:11] or the Customary
Marriages Act [Chapter 5:07], or are parties to an unregistered customary law
marriage, and whether or not the child was over the age of eighteen years at the time
of the marriage; or
(c) a brother and sister, whether of whole or half blood; or
(d) an uncle and his niece; or
(e) a grand-uncle and his grand-niece; or
(f) an aunt and her nephew; or
(g) a grand-aunt and her grand-nephew; or
(h) a grandparent and his or her grandchild; or
(i) subject to subsection (3), any person and his or her first or second cousin; or
(j) any person and an ascendant or descendant of his or her spouse or former spouse,
whether the person and his or her spouse or former spouse are or were married under
the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter 5:07], or
are or were parties to an unregistered customary law marriage; or

53
 (k) any person and his or her ascendant or descendant in any degree; or
(l) any person and a descendant of a brother or sister, whether of whole or half blood;
and either or both of the parties know or realise that there is a real risk or possibility that they
are related to each other in any of the foregoing degrees of relationship, either or both parties
to the intercourse, as the case may be, shall be guilty of sexual intercourse within a prohibited
degree of relationship and liable to a fine up to or exceeding level fourteen or imprisonment
for a period not exceeding five years or both.
(3) It shall be a defence to a charge of sexual intercourse within a prohibited degree of
relationship as between first or second cousins for the accused to prove
(a) in the case of a person who is not a member of a community governed by customary
law, that the cultural or religious customs or traditions of the community to which he
or she belongs do not prohibit marriage between first or second cousins; or
(b) in the case of a person who is a member of a community governed by customary
law, that the cultural or religious customs or traditions of the particular community
to which he or she belongs do not prohibit marriage between first or second cousins.
(4) In determining for the purposes of subsection (3) whether or not a person is a
member of a community
(a) whose cultural or religious customs or traditions do not prohibit marriage between
first or second cousins, a court shall have regard to the evidence of any person who,
in its opinion, is suitably qualified by reason of his or her knowledge to give
evidence as to the cultural or religious customs or traditions of the community
concerned; or
(b) governed by customary law, regard shall be had to all the circumstances of the
person’s life, including
(i) whether or not the natural parents of the person were married under the
Customary Marriages Act [Chapter 5:07] or were parties to an unregistered
customary law marriage;
(ii) whether or not the person lives among other members of such a community
and is regarded by such other members as belonging to that community,
notwithstanding that the person’s natural parents were not married to each
other, or were married exclusively under the Marriage Act [Chapter 5:11];
(iii) where the person does not live among members of such a community,
whether he or she has ties to such a community by reason of his or her
natural parents belonging to such a community.
(5) For the avoidance of doubt it is declared that
(a) the competent charge against
(i) a male person who has sexual intercourse with a female person without her
consent who is related to him in any degree of relationship specified in
subsection (2) shall be rape and not sexual intercourse within a prohibited
degree of relationship;
(ii) a female person who has sexual intercourse with a male person without his
consent who is related to her in a manner specified in subsection (2), shall be

54
 aggravated indecent assault and not sexual intercourse within a prohibited
degree of relationship;
(b) paragraph (i) of subsection (2) shall not apply to persons who
(i) on the date of commencement of this Code are married to each other under
the Marriage Act [Chapter 5:11] or the Customary Marriages Act [Chapter
5:07] or are parties to an unregistered customary law marriage; or
(ii) on or after the date of commencement of this Code are married to each other
under any foreign law.

76 Complicity in sexual crimes

For the avoidance of doubt it is declared that any person who
(a) being the owner or occupier of any premises, knowingly permits another person on
the premises to commit rape, aggravated indecent assault, indecent assault, sexual
intercourse or performing an indecent act with a young person, sodomy, bestiality or
sexual intercourse within a prohibited degree of relationship; or
(b) detains a person with the intention that a crime referred to in paragraph (a) should be
committed by another person against the person so detained;
may be charged with being an accomplice or accessory to the commission of the crime
concerned, or with kidnapping or unlawful detention, or both.

Division C: Indecent or sexual conduct harmful to public morals or public health

77 Public indecency
(1) Any person who
(a) indecently exposes himself or herself or engages in any other indecent conduct
which causes offence to any other person in or near a public place, or in or near a
private place within the view of such other person; or
(b) knowing or realising that there is a real risk or possibility that he or she will be
heard, utters or makes use of indecent or obscene language in or near a public place,
or in or near a private place within the hearing of another person; or
(c) sings any indecent or obscene song in or near a public place, or in or near a private
place within the hearing of another person, knowing or realising that there is a real
risk or possibility that he or she will be heard; or
(d) writes or draws any indecent or obscene word, figure or representation in or near a
public place, or in or near a private place in the view of another person, knowing or
realising that there is a real risk or possibility that such writing or drawing will be
seen;
shall be guilty of public indecency and liable to a fine not exceeding level nine or
imprisonment for a period not exceeding six months or both.
(2) No person shall be convicted of public indecency unless the words or conduct in
question are sufficiently serious to warrant punishment, for which purpose a court shall take
into account the following factors in addition to any others that are relevant in the particular
case

55
 (a) the nature of the words or conduct;
(b) the extent to which the words were repeated or the conduct was persisted in, as the
case may be;
(c) the age and gender of the person who heard the words or witnessed the conduct;
(d) any previous relationship between the parties;
(e) the degree of offence caused to the person who heard the words or witnessed the
conduct.

78 Deliberate infection of another with a sexually-transmitted disease

(1) In this section
“sexually-transmitted disease” includes syphilis, gonorrhea, herpes, and all other forms
of sexually-transmitted diseases except, for the purposes of this section, HIV.
(2) Any person who
(a) knowing that he or she is suffering from a sexually-transmitted disease; or
(b) realising that there is a real risk or possibility that he or she is suffering from a
sexually-transmitted disease;
intentionally infects any other person with the disease, or does anything or causes or permits
anything to be done with the intention or realising that there is a real risk or possibility of
infecting any other person with the disease, shall be guilty of deliberately infecting that other
person with a sexually-transmitted disease and liable to a fine up to or exceeding level
fourteen or imprisonment for a period not exceeding five years or both.
(3) If it is proved in a prosecution for spreading a sexually-transmitted disease that the
person charged was suffering from a sexually-transmitted disease at the time of the crime, it
shall be presumed, unless the contrary is proved, that he or she knew or realised that there was
a real risk or possibility that he or she was suffering from it.
(4) It shall be a defence to a charge under subsection (1) for the accused to prove that the
other person concerned—
(a) knew that the accused was suffering from a sexually-transmitted disease; and
(b) consented to the act in question, appreciating the nature of the sexually-transmitted
disease and the possibility of becoming infected with it.

Division D: Transmitting HIV deliberately or in the course of committing sexual crimes

79 Deliberate transmission of HIV

(1) Any person who
(a) knowing that he or she is infected with HIV; or
(b) realising that there is a real risk or possibility that he or she is infected with HIV;
intentionally does anything or permits the doing of anything which he or she knows will
infect, or does anything which he or she realises involves a real risk or possibility of
infecting ,another person with HIV, shall be guilty of deliberate transmission of HIV, whether

56
or not he is married to that other person, and shall be liable to imprisonment for a period not
exceeding twenty years.
(2) It shall be a defence to a charge under subsection (1) for the accused to prove that the
other person concerned—
(a) knew that the accused was infected with HIV; and
(b) consented to the act in question, appreciating the nature of HIV and the possibility
of becoming infected with it.

80 Sentence for certain crimes where accused is infected with HIV

(1) Where a person is convicted of—
(a) rape; or
(b) aggravated indecent assault; or
(c) sexual intercourse or performing an indecent act with a young person, involving any
penetration of any part of his or her or another person’s body that incurs a risk of
transmission of HIV;
and it is proved that, at the time of the commission of the crime, the convicted person was
infected with HIV, whether or not he or she was aware of his or her infection, he or she shall
be sentenced to imprisonment for a period of not less than ten years.
(2) For the purposes of this section—
(a) the presence in a person’s body of HIV antibodies or antigens, detected through an
appropriate test, shall be prima facie proof that the person concerned is infected with
HIV;
(b) if it is proved that a person was infected with HIV within thirty days after
committing a crime referred to in those sections, it shall be presumed, unless the
contrary is shown, that he or she was infected with HIV when he or she committed
the crime.

Division E: Crimes relating to prostitution or the facilitation of sexual crimes

81 Soliciting
(1) In this section
“publicly solicits” means—
(a) solicits in a public place or any place to which the public or any section of the
public have access; or
(b) solicits by publication of the solicitation in any printed or electronic medium for
reception by the public.
(2) Any person who publicly solicits another person for the purposes of prostitution shall
be guilty of soliciting and liable to a fine not exceeding level five or imprisonment for a
period not exceeding six months or both.

82 Living off or facilitating prostitution

Any person who—

57
 (a) keeps a brothel; or
(b) demands from a prostitute any payment or reward in consideration of the person—
(i) keeping, managing or assisting in the keeping of a brothel in which the
prostitute is, or has been, living for immoral purposes; or
(ii) having solicited other persons for immoral purposes on behalf of the
prostitute; or
(iii) having effected the prostitute’s entry into a brothel for the purpose of
prostitution; or
(iv) having brought or assisted in bringing the prostitute into Zimbabwe for
immoral purposes;
or
(c) demands from a prostitute any payment or reward in consideration for any present or
past immoral connection with the prostitute;
shall be guilty of living off or facilitating prostitution and liable to a fine not exceeding level
seven or imprisonment for a period not exceeding two years or both.

83 Procuring
Any person who procures any other person—
(a) for the purposes of engaging in unlawful sexual conduct with another person or with
persons generally, whether inside or outside Zimbabwe; or
(b) to become a prostitute, whether inside or outside Zimbabwe; or
(c) to leave Zimbabwe with the intent that the other person may become a prostitute; or
(d) to leave his or her usual place of residence, not being a brothel, with the intent that
he or she may become an inmate of or frequent a brothel elsewhere;
shall be guilty of procuring and liable to a fine up to or exceeding level fourteen or—
(i) in a case where the person procured is a young person, imprisonment for a
period not exceeding ten years, or both such fine and such imprisonment;
(ii) in any other case, imprisonment for a period not exceeding two years, or both
such fine and such imprisonment.

84 Coercing or inducing persons for purpose of engaging in sexual conduct

Any person who, to enable himself or herself or anyone else to engage in unlawful sexual
conduct with another person—
(a) threatens or intimidates that other person; or
(b) applies or administers any intoxicating drug, liquor, matter or thing to that other
person; or
(c) causes that other person to take any intoxicating drug, liquor, matter or thing;
shall be guilty of coercing or inducing a person for the purpose of engaging in sexual conduct
and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five
years or both:

58
 Provided that nothing in this section precludes a person from being charged with or
convicted of rape, attempted rape, being an accomplice to rape, or other unlawful sexual
conduct if the facts support such a charge or conviction.

85 Detaining persons for purpose of engaging in unlawful sexual conduct

Any person who detains another person against his or her will in a brothel or any other
premises whatsoever with the intention that the person detained should engage in unlawful
sexual conduct with himself or herself or another person or with persons generally shall be
guilty of detaining a person for the purpose of engaging in unlawful sexual conduct and liable
to a fine not exceeding level six or imprisonment for a period not exceeding one year or both:
Provided that nothing in this section precludes a person from being charged with or
convicted of kidnapping or unlawful detention if the facts support such a charge or
conviction.

86 Permitting young person to resort to place for purpose of engaging in

unlawful sexual conduct
(1) If the owner of a place knowingly induces or allows a young person to enter or be in
the place for the purpose of engaging in unlawful sexual conduct with another person or with
other persons generally, the owner shall be guilty of permitting a young person to resort to
place for the purpose of engaging in unlawful sexual conduct and—
(a) if the young person is under the age of twelve years, liable to a fine not exceeding
level eleven or imprisonment for a period not exceeding ten years or both;
(b) if the young person is over the age of twelve years, liable to a fine not exceeding
level ten or imprisonment for a period not exceeding seven years or both.
(2) It shall be a defence to a charge under subsection (1) for the accused to prove that he
or she had reasonable cause to believe that the young person was of or over the age of sixteen
years:
Provided that the apparent physical maturity of the young person concerned shall not, on
its own, constitute reasonable cause for the purposes of this subsection.

87 Allowing child to become a prostitute

Any parent or guardian who causes or allows his or her child under the age of eighteen
years to associate with prostitutes or to be employed by any prostitute as a prostitute or to
reside in a brothel shall be guilty of allowing a child to become a prostitute and liable to a fine
up to or exceeding level fourteen or imprisonment for a period not exceeding ten years or
both.

PART IV
CRIMES INVOLVING BODILY INJURY

88 Interpretation in Part IV of Chapter V

In this Part
“assault” means

59
 (a) any act by a person involving the application of force, directly or indirectly, to
the body of another person, whereby bodily harm is caused to that other person;
or
(b) any act by a person that causes, directly or indirectly, the injection into or
application to the body of another person of any substance without that person’s
consent; or
(c) any act by a person that causes any substance to be consumed by another person
without that person’s consent;
“bodily harm” means any harm causing pain or discomfort to the body, or any
impairment of the body or its functions, whether temporary or permanent.

89 Assault
(1) Any person who
(a) commits an assault upon another person intending to cause that other person bodily
harm or realising that there is a real risk or possibility that bodily harm may result;
or
(b) threatens, whether by words or gestures, to assault another person, intending to
inspire, or realising that there is a real risk or possibility of inspiring, in the mind of
the person threatened a reasonable fear or belief that force will immediately be used
against him or her;
shall be guilty of assault and liable to a fine up to or exceeding level fourteen or imprisonment
for a period not exceeding ten years or both.
(2) It shall be no defence to a charge of assault that, at the time the fear or belief referred
to in paragraph (b) of subsection (1) is inspired, the person inspiring such fear or belief lacks
the ability to effect his or her purpose.
(3) In determining an appropriate sentence to be imposed upon a person convicted of
assault, and without derogating from the court’s power to have regard to any other relevant
considerations, a court shall have regard to the following
(a) the age and physical condition of the person assaulted;
(b) the degree of force or violence used in the assault;
(b1) the extent of physical injury inflicted on the person assaulted;
(c) whether or not any weapon was used to commit the assault;
(d) whether or not the person carrying out the assault intended to inflict serious bodily
harm;
(e) whether or not the person carrying out the assault was in a position of authority over
the person assaulted;
(f) in a case where the act constituting the assault was intended to cause any substance
to be consumed by another person, the possibility that third persons might be
harmed thereby, and whether such persons were so harmed.

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90 Negligently causing serious bodily harm
Any person who by any act whatsoever causes serious bodily harm to another person
negligently failing to realise that serious bodily harm may result from his or her conduct or
negligently failing to guard against that possibility shall be guilty of negligently causing
serious bodily harm and liable to a fine not exceeding level ten or imprisonment for a period
not exceeding five years or both.

91 Assault of person other than intended victim

If a person commits or attempts to commit an assault upon a person and in so doing
causes bodily harm to someone other than his or her intended victim, he or she shall be guilty
of the following crimes
(a) in respect of the person who was his or her intended victim, assault or attempted
assault, whichever is appropriate in the circumstances;
(b) in respect of the person who was not his or her intended victim
(i) assault, if he or she realised that there was a real risk or possibility that
bodily harm might be caused to that person; or
(ii) negligently causing serious bodily harm, if he or she did not intend to cause
that person such injury and did not realise that there was a real risk or
possibility that such injury might be caused to that person, but was negligent
in failing to realise it.

PART V

CRIMES INVOLVING INFRINGEMENT OF LIBERTY,

REPUTATION OR DIGNITY

92 Interpretation in Part V of Chapter V

In this Part
“adult” means a person who is of the age of eighteen years or above;
“child” means a person who is under the age of eighteen years;
“lawful custodian”, in relation to a child, means the child’s parent or lawful guardian or
any person who has been given custody of the child by the child’s parent or legal
guardian or by virtue of an order of a court;
“parent” means a natural or adoptive parent;
“publish”, in relation to a defamatory statement, means to make a statement to any
person other than the person defamed or the spouse of the person who makes the
statement.

93 Kidnapping or unlawful detention

(1) Any person who

61
 (a) deprives an adult of his or her freedom of bodily movement, intending to cause such
deprivation or realising that there is a real risk or possibility that such deprivation
may result; or
(b) not being the lawful custodian of the child concerned
(i) deprives a child of his or her freedom of bodily movement, intending to
cause such deprivation or realising that there is a real risk or possibility that
such deprivation may result; or
(ii) detains or keeps a child, intending to deprive the child’s lawful custodian of
his or her control over the child or realising that there is a real risk or
possibility that such deprivation may result;
shall be guilty of kidnapping or unlawful detention and liable
A. to imprisonment for life or any definite period of imprisonment, except
in a case referred to in subparagraph B;
B. where the kidnapping or unlawful detention was committed in the
mitigating circumstances referred to in paragraph (b) of subsection (3),
to a fine not exceeding level seven or imprisonment for a period not
exceeding two years or both.
(2) An accused may be convicted of kidnapping or unlawful detention
(a) whatever the manner in which the accused deprived the adult or child of his or her
freedom of bodily movement or the lawful custodian of his or her control, whether
by the use of threats or force or by the use of fraudulent misrepresentation or
otherwise; and
(b) whatever the period over which the accused deprived the adult or child of his or her
freedom of bodily movement or the lawful custodian of his or her control.
(3) In determining an appropriate sentence to be imposed upon a person convicted of
kidnapping or unlawful detention, and without limitation on any other factors or
circumstances which a court may take into account
(a) a court shall regard it as an aggravating circumstance if
(i) the kidnapping or unlawful detention was accompanied or motivated by the
demand of a ransom for the safe return of the adult or child; or
(ii) the kidnapping or unlawful detention was accompanied by violence or the
threat of violence;
(b) a court shall regard it as a mitigating circumstance if, in the case of the kidnapping
or unlawful detention of a child, the accused is a parent of or closely related to the
child and the kidnapping or unlawful detention was not accompanied by violence or
the threat of violence.

94 Pledging of female persons

(1) A lawful custodian or relative of a female person who
(a) at a time when the female person is under the age of eighteen years, or without her
consent, hands her over to another person as compensation for the death of a relative
of that other person, or as compensation for any debt or obligation; or

62
 (b) at a time when the female person is under the age of eighteen years, or without her
consent, enters into an arrangement whereby the female person is promised in
marriage to any man, whether for any consideration or not; or
(c) by force or intimidation compels or attempts to compel a female person to enter into
a marriage against her will, whether in pursuance of an arrangement referred to in
paragraph (a) or (b) or otherwise;
shall be guilty of pledging a female person and liable to a fine up to or exceeding level
fourteen or imprisonment for a period not exceeding two years or both.
(2) Any party to an arrangement or marriage referred to in subsection (1) may be charged
as an accomplice to pledging a female person.

95 Criminal insult
(1) Any person who, by words or conduct
(a) seriously impairs the dignity of another person; or
(b) seriously invades the privacy of another person;
shall be guilty of criminal insult if he or she intended his or her words or conduct to have an
effect referred to in paragraph (a) or (b) or if he or she realised that there was a real risk or
possibility that his or her words or conduct might have such an effect, and shall be liable to a
fine not exceeding level six or imprisonment for a period not exceeding one year or both.
(2) In deciding whether an impairment of dignity or invasion of privacy is sufficiently
serious to constitute the crime of criminal insult, a court shall take into account the following
factors in addition to any others that are relevant in the particular case
(a) the nature of the words or conduct;
(b) the extent to which the words were repeated or the conduct was persisted in, as the
case may be;
(c) the age and sex of the person whose dignity was impaired or privacy was invaded;
(d) any previous relationship between the parties;
(e) the degree of offence caused to the person whose dignity was impaired or privacy
was invaded by the words or conduct.
(3) In order to establish a charge of criminal insult based upon an impairment of dignity,
it shall be necessary to prove that the complainant felt insulted or degraded as a result of the
words or conduct that form the subject of the charge:
Provided that, where the complainant was, at the time of the crime
(a) a child or mentally disordered or intellectually handicapped, as defined in section 2
of the Mental Health Act [Chapter 15:12] (No. 15 of 1996); or
(b) unable, through physical disability, to hear the words or see the conduct, as the case
may be;
he or she shall be deemed to have felt insulted or degraded if a reasonable person would have
felt insulted or degraded by the words or conduct concerned.
(4) In order to establish a charge of criminal insult based upon an invasion of privacy, in
that the accused observed the complainant while the complainant was in a state of partial or

63
complete undress, it shall not be necessary to prove that the complainant was aware of the
invasion of privacy when it took place, if it is proved that when the complainant did become
aware of it he or she felt insulted or degraded by it.
(5) It shall be a defence to a charge of criminal insult based upon an invasion of privacy
for the person charged to prove that his or her conduct was motivated solely by the desire to
obtain evidence of the commission of adultery by his or her spouse and that
(a) he or she had reasonable grounds for believing that his or her spouse was
committing or about to commit adultery; and
(b) he or she had reasonable grounds for believing that he or she was not invading the
privacy of innocent persons; and
(c) the invasion of privacy that occurred was no more than was reasonably necessary for
the purpose of obtaining evidence of his or her spouse’s adultery.
(6) The defence referred to in subsection (5) shall avail a person who is
(a) licensed as a private investigator in terms of the Private Investigators and Security
Guards (Control) Act [Chapter 27:10]; and
(b) engaged by a person to obtain evidence of the commission of adultery by the spouse
of that person.
(7) For the avoidance of doubt it is declared that no person in Zimbabwe is devoid of
dignity, whatever his or her occupation or mode of life, and that the dignity of all persons is
entitled to the protection of the law.

96 Criminal defamation

This offence no longer exists as it has been ruled by the

Constitutional Court to be void. See Media Institute of Southern
Africa (Zimbabwe) & Ors v Minister of Justice, Legal and
Parliamentary Affairs & Ors CCZ-07-15.

(1) Any person who, intending to harm the reputation of another person, publishes a
statement which
(a) when he or she published it, he or she knew was false in a material particular or
realised that there was a real risk or possibility that it might be false in a material
particular; and
(b) causes serious harm to the reputation of that other person or creates a real risk or
possibility of causing serious harm to that other person’s reputation;
shall be guilty of criminal defamation and liable to a fine up to or exceeding level fourteen or
imprisonment for a period not exceeding two years or both.
(2) In deciding whether the publication of a statement has caused harm to a person’s
reputation that is sufficiently serious to constitute the crime of criminal defamation, a court
shall take into account the following factors in addition to any others that are relevant to the
particular case

64
 (a) the extent to which the accused has persisted with the allegations made in the
statement;
(b) the extravagance of any allegations made in the statement;
(c) the nature and extent of publication of the statement;
(d) whether and to what extent the interests of the State or any community have been
detrimentally affected by the publication.
(3) Subject to subsection (4), a person accused of criminal defamation arising out of the
publication of a statement shall be entitled to avail himself or herself of any defence that
would be available to him or her in civil proceedings for defamation arising out of the same
publication of the same statement.
(4) If it is proved in a prosecution for criminal defamation that the defamatory statement
was made known to any person, it shall be presumed unless the contrary is proved that the
person understood its defamatory significance.

PART VI
WITCHCRAFT, WITCH-FINDING AND CRIMES RELATED THERETO

97 Interpretation in Part VI of Chapter V

In this Part
“accuse a person of witchcraft” means to indicate that the person
(a) has used, is using or is likely or able to use non-natural means to cause
(i) death or injury to or disease or disability in any person; or
(ii) destruction or loss of or damage to property of any description;
or
(b) is possessed by a spirit which has caused, is causing or is likely or able to
cause
(i) death or injury to or disease or disability in any person; or
(ii) destruction or loss of or damage to property of any description;
“non-natural means” includes the practice of witch-finding.

98 Engaging in practices commonly associated with witchcraft

(1) Any person who engages in any practice knowing that it is commonly associated with
witchcraft shall be guilty of engaging in a practice commonly associated with witchcraft if,
having intended thereby to cause harm to any person, such practice inspires in the person
against whom it was directed a real fear or belief that harm will occur to that person or any
member of his or her family, and be liable to a fine not exceeding level ten or imprisonment
for a period not exceeding five years or both.
(2) Spoken or written words shall not in themselves constitute a practice commonly
associated with witchcraft for the purpose of this section, unless accompanied by or used in
connection with other conduct commonly associated with witchcraft.

65
 (3) For the avoidance of doubt it is declared that any person who assists another person
to commit the crime of engaging in a practice commonly associated with witchcraft by giving
advice or providing any substance or article to enable that person to commit the crime shall be
liable to be charged as an accomplice to the crime.
(4) A court shall not take judicial notice of any practice that is said to be commonly
associated with witchcraft, but any person who, in the opinion of the court, is suitably
qualified to do so on account of his or her knowledge, shall be competent to give expert
evidence as to whether the practice that forms the subject of a charge under this section is a
practice that is commonly associated with witchcraft, whether generally or in the particular
area where the practice is alleged to have taken place.

99 Indicating witches and wizards

(1) Subject to this section, any person who groundlessly or by the purported use of non-
natural means accuses another person of witchcraft shall be guilty of indicating a witch or
wizard and liable
(a) in a case of any purported use of any non-natural means, to a fine not exceeding
level ten or imprisonment for a period not exceeding five years or both;
(b) in any other case, to a fine not exceeding level six or imprisonment for a period not
exceeding one year or both.
(2) For the avoidance of doubt it is declared that no crime is committed by a person who,
without the purported use of non-natural means and having reasonable grounds for suspecting
another person of committing an offence referred to in section ninety-eight, accuses that
person of committing that offence.
(3) It shall not be a defence to a contravention of subsection (1) involving the purported
use of any non-natural means for the person charged to prove that the person he or she
accused actually engaged in any practice commonly associated with witchcraft, but the court
may regard such circumstance as mitigatory when assessing the sentence to be imposed.

100 Employing non-natural means to resolve crimes or delicts

(1) Any person who
(a) by the purported use of non-natural means, intentionally indicates another person as
the perpetrator of a crime or delict; or
(b) in the purported investigation by non-natural means of any crime or delict, requires,
advises or incites another person to undergo any test or to consume any substance;
shall be guilty of employing non-natural means to resolve a crime or delict and liable to a fine
not exceeding level ten or imprisonment for a period not exceeding five years or both.
(2) For the avoidance of doubt it is declared that any person who procures the services of
another person to do any act referred to in paragraph (a) or (b) of subsection (1) shall be liable
to be charged as an accomplice to the crime of employing non-natural means to resolve a
crime or delict.
(3) It shall not be a defence to a contravention of subparagraph (a) of subsection (1) for
the person charged to prove that the person he or she indicated actually perpetrated a crime or

66
delict, but the court may regard such circumstance as mitigatory when assessing the sentence
to be imposed.

101 Belief in witchcraft to operate in mitigation and not as defence to crimes

It shall not be a defence to murder, assault or any other crime that the accused was
actuated by a genuine belief that the victim was a witch or wizard, but a court convicting such
person shall take such belief into account when imposing sentence upon him or her for the
crime.

102 Charges alternative to or concurrent with charges under Part VI of

Chapter V
A person accused of engaging in a practice commonly associated with witchcraft,
indicating a witch or wizard or employing non-natural means to resolve a crime or delict,
involving conduct that is in itself otherwise unlawful
(a) may be charged in the alternative with the crime constituted by that conduct if the
punishment to which the person is liable for that crime is the same or less than that
provided for under section ninety-eight, ninety-nine or one hundred, as the case may
be; or
(b) shall be charged with the crime constituted by that conduct, whether or not
concurrently with the crime of engaging in a practice commonly associated with
witchcraft, indicating a witch or wizard or employing non-natural means to resolve a
crime or delict, if the punishment to which the person is liable for that crime is
greater than that provided for under section ninety-eight, ninety-nine or one hundred,
as the case may be.

PART VII
BIGAMY

103 Interpretation in Part VII of Chapter V

In this Part
“actually polygamous marriage” means a polygamous marriage consisting of a husband
and two or more wives;
“monogamous marriage” means
(a) a marriage celebrated in terms of the Marriage Act [Chapter 5:11] or any
enactment repealed by that Act; or
(b) any other marriage celebrated inside or outside Zimbabwe under a law which
prohibits the parties from marrying anyone else whilst they remain married to
each other;
“polygamous marriage” means
(a) a marriage celebrated according to customary law and solemnised in terms of the
Customary Marriages Act [Chapter 5:07];

67
 (b) an unregistered customary law marriage;
(c) any other marriage celebrated inside or outside Zimbabwe under a law which
permits the husband to marry another woman while remaining married to the
wife;
“potentially polygamous marriage” means a polygamous marriage consisting of a
husband and a single wife.

104 Bigamy
(1) Any person who, being a party to
(a) a monogamous marriage and, knowing that the marriage still subsists, intentionally
purports to enter into another marriage, whether monogamous or polygamous, with
a person other than his or her spouse by the first-mentioned marriage; or
(b) an actually polygamous marriage and, knowing that the marriage still subsists,
intentionally purports to enter into a monogamous marriage with any person;
(c) a potentially polygamous marriage and, knowing that the marriage still subsists,
intentionally purports to enter into a monogamous marriage with any person other
than his or her spouse by the potentially polygamous marriage;
shall be guilty of bigamy and liable, if convicted in terms of
(i) paragraph (a), to a fine not exceeding level six or imprisonment for a period
not exceeding one year or both;
(ii) paragraph (b) or (c), to a fine not exceeding level five.
(2) Where a person is accused of bigamy in circumstances where he or she is alleged to
have purportedly entered into a monogamous marriage while being a party to an unregistered
customary law marriage with another person, and the accused denies that he or she is a party
to an unregistered customary law marriage, the burden shall rest upon the prosecution to
prove beyond a reasonable doubt that that he or she is a party to an unregistered customary
law marriage.

PART VIII
CONCEALMENT OF BIRTHS AND EXPOSURE OF INFANTS

105 Interpretation in Part VIII of Chapter V

In this Part
“child” does not include a foetus which has issued forth from its mother before the
twenty-eighth week of pregnancy;
“infant” means a person under the age of seven years;
“still-born’, in relation to a child, means a child which did not at any time after being
expelled from its mother breathe or show any signs of life.

106 Concealing birth of child

(1) Any person who buries, abandons or disposes of the body of a child with the
intention of concealing the fact of its birth, whether the child was still-born or died during or

68
after its birth, shall be guilty of concealing the birth of a child and liable to a fine not
exceeding level seven or imprisonment for a period not exceeding six months or both.
(2) A person may be convicted of concealing the birth of a child even though it has not
been proved that the child died before its body was buried, abandoned or disposed of.

107 Presumptions relating to concealment of birth

(1) If it is proved, in any prosecution for concealing the birth of a child, that a person
buried, abandoned or disposed of the body of a child otherwise than in accordance with the
provisions of the Burial and Cremation Act [Chapter 5:03], it shall be presumed, unless the
contrary is proved, that he or she buried, abandoned or disposed of the body with the intention
of concealing the fact of its birth.
(2) If it is proved, in any prosecution for concealing the birth of a child, that a person
buried, abandoned or disposed of any human remains, it shall be presumed, unless the
contrary is proved, that he or she buried, abandoned or disposed of the body of a child.

108 Exposing an infant

(1) Any person who intentionally abandons an infant in such a place or in such
circumstances that death may result from the exposure shall be guilty of exposing an infant
and liable to a fine not exceeding level ten or imprisonment for a period not exceeding five
years or both.
(2) Where the abandonment of an infant as described in subsection (1)
(a) results in or was intended to cause the death of the infant, the person who abandoned
the infant shall be charged with murder or attempted murder or infanticide or
attempted infanticide, as the case may be, whether or not concurrently with exposing
an infant in contravention of subsection (1);
(b) does not result in and was not intended to cause the death of the infant, the person
who abandoned the infant may be charged concurrently or alternatively under
subsection (1) of section 7 of the Children’s Act [Chapter 5:06].
(3) When assessing the sentence to be imposed upon a person accused of exposing an
infant who is the mother of the infant, regard shall be had to any pressure or stress from which
she suffered arising out of any one or more of the following circumstances or considerations
(a) the effects which the birth had, or which she believed it would have, on her social,
financial or marital situation;
(b) the difficulties which were created, or which she believed would be created, in
caring for the infant in the social, financial or marital situation in which the infant
was born;
(c) the difficulties which she had, or which she believed she would have, in caring for
the infant due to her inexperience or incapacity;
(d) any other relevant circumstance or consideration.

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 PART IX
CRIMES IN RELATION TO GRAVES AND CORPSES

109 Interpretation in Part IX of Chapter V

In this section
“grave” includes any monument, vault or tombstone, whether situated in a cemetery
established in terms of the Cemeteries Act [Chapter 5:04] or not;
“violate”, in relation to a grave, includes to destroy or damage the grave or the
immediate surrounds of the grave, or take any article therefrom.

110 Violating graves

Any person who violates a grave in which human remains are situated, knowing that he
or she is doing so or realising that there is a real risk or possibility that he or she may be doing
so, shall be guilty of violating a grave and liable to a fine not exceeding level seven or
imprisonment for a period not exceeding one year or both.

111 Violating corpses

(1) Any person who damages, mutilates, removes pieces from or otherwise violates a
dead human body, knowing that he or she is doing so or realising that there is a real risk or
possibility that he or she may be doing so, shall be guilty of violating a corpse and liable to a
fine up to or exceeding level fourteen or imprisonment for a period not exceeding five years
or both.
(2) Notwithstanding subsection (1), it shall be lawful for any person
(a) to remove tissue from or carry out a post-mortem examination on or otherwise deal
with a dead human body in accordance with the Inquests Act [Chapter 7:07], the
Anatomical Donations and Post-mortem Examinations Act [Chapter 15:01], or any
other enactment; or
(b) to do anything necessary for the purpose of embalming a dead human body or
preparing it for burial, cremation or other lawful disposal.

CHAPTER VI
PROPERTY CRIMES

PART I
THEFT AND RELATED CRIMES

Division A: Preliminary

112 Interpretation in Part I of Chapter VI

In this Part
“property capable of being stolen” means any movable corporeal thing or object, or any
incorporeal right vested in a person relating to movable or immovable property,
and

70
 (a) includes
(i) money, whether in the form of cash, specific notes or coins, an entry in an
account or other abstract sum of money or claim to be paid an amount of
money; and
(ii) shares in any business undertaking;
(iii) the following in so far as they may be illegally tapped or diverted from their
intended destination
A. electricity; and
B. electromagnetic waves emitted by a telecommunications or
broadcasting system;
(b) does not include any of the following things
(i) property that is common to everyone, such as water in a public stream or air
in the atmosphere;
(ii) wild animals, birds, insects and fish that have not been reduced to captivity;
(iii) eggs, honey and other produce of wild animals, birds, insects and fish, which
has not been taken into possession by anyone;
(iv) property that has been finally and absolutely abandoned by its owner, that is,
thrown away or otherwise disposed of by the owner with the intention of
relinquishing all his or her rights to it;
“steal” means to commit theft or stock theft, as the case may be;
“take”, in relation to property capable of being stolen, means
(a) taking possession or control of a movable corporeal thing or object;
(b) being in possession of a movable corporeal thing or object and assuming the
rights of an owner in respect of it;
(c) in relation to any incorporeal right vested in a person, exercising or assuming
title to the right concerned;
“trust property” means property held, whether under a deed of trust or by agreement or
under any enactment, on terms requiring the holder to do any or all of the
following
(a) hold the property on behalf of another person or account for it to another person;
or
(b) hand the property over to a specific person; or
(c) deal with the property in a particular way;
but does not include property received on terms expressly or impliedly stipulating
that
(i) the recipient is entitled to use the property as his or her own; and
(ii) there would only be a debtor and creditor relationship between the parties;
“violence” means the direct or indirect application of force to a person’s body.

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 Division B: Theft, stock theft, unauthorised borrowing or use of property and making off
without payment

113 Theft
(1) Any person who takes property capable of being stolen
(a) knowing that another person is entitled to own, possess or control the property or
realising that there is a real risk or possibility that another person may be so entitled;
and
(b) intending to deprive the other person permanently of his or her ownership,
possession or control, or realising that there is a real risk or possibility that he or she
may so deprive the other person of his or her ownership, possession or control;
shall be guilty of theft and liable to
(i) a fine not exceeding level fourteen or twice the value of the stolen property,
whichever is the greater; or
(ii) imprisonment for a period not exceeding twenty-five years;
or both:
Provided that a court may suspend the whole or any part of a sentence of imprisonment
imposed for theft on condition that the convicted person restores any property stolen by him
or her to the person deprived of it or compensates such person for its loss.
(2) Subject to subsection (3), a person shall also be guilty of theft if he or she holds trust
property and, in breach of the terms under which it is so held, he or she intentionally
(a) omits to account or accounts incorrectly for the property; or
(b) hands the property or part of it over to a person other than the person to whom he or
she is obliged to hand it over; or
(c) uses the property or part of it for a purpose other than the purpose for which he or
she is obliged to use it; or
(d) converts the property or part of it to his or her own use.
(3) Subsection (2) shall not apply if
(a) the person holding or receiving the property has properly and transparently
accounted for the property in accordance with the terms of the trust; or
(b) the person disposing of the property retains the equivalent value thereof for delivery
to the person entitled thereto, unless the terms under which he or she holds or
receives the property require him or her to hold and deliver back the specific
property.
(4) For the avoidance of doubt it is declared that where a person, by means of a
misrepresentation as defined in section one hundred and thirty-five, takes any property
capable of being stolen, intending to deprive another person of the ownership, possession or
control of the property, the competent charge is fraud and not theft.

114 Stock theft

(1) In this section—

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 “livestock” means—
(a) any sheep, goat, pig, poultry, ostrich, pigeon, rabbit, or bovine or equine animal;
or
(b) any domesticated game; or
(c) the carcass or any portion of a carcass of any slaughtered livestock as defined in
paragraph (a) or (b);
“produce” includes the whole or any part of any skin, hide, horn or egg of livestock or
any wool or mohair.
(2) Any person who
(a) takes livestock or its produce
(i) knowing that another person is entitled to own, possess or control the
livestock or its produce or realising that there is a real risk or possibility that
another person may be so entitled; and
(ii) intending to deprive the other person permanently of his or her ownership,
possession or control, or realising that there is a real risk or possibility that he
or she may so deprive the other person of his or her ownership, possession or
control;
or
(b) takes possession of stolen livestock or its produce
(i) knowing that it has been stolen; or
(ii) realising that there is a real risk or possibility that it has been stolen;
or
(c) is found in possession of, or has been in possession of, livestock or its produce in
circumstances which give rise, either at the time of the possession or at any time
thereafter, to a reasonable suspicion that at the time of such possession the livestock
or its produce was stolen, and who is unable at any time to give a satisfactory
explanation of his or her possession; or
(d) acquires or receives into his or her possession from any other person any stolen
livestock or produce without reasonable cause (the proof whereof lies on him or her)
for believing at the time of acquiring or receiving such livestock or produce that it
was the property of the person from whom he or she acquired or received it or that
such person was duly authorized by the owner thereof to deal with it or dispose of it;
shall be guilty of stock theft and liable
(e) if the stock theft involved any bovine or equine animal stolen in the circumstances
described in paragraph (a) or (b), and there are no special circumstances in the
particular case as provided in subsection (3), to imprisonment for a period of not less
than nine years or more than twenty-five years; or
(f) if the stock theft was committed in the circumstances described in paragraph (a) or
(b) but did not involve any bovine or equine animal, or was committed in the
circumstances described in paragraph (c) or (d)

73
 (i) to a fine not exceeding level fourteen or twice the value of the stolen
property, whichever is the greater; or
(ii) to imprisonment for a period not exceeding twenty-five years;
or both.
(3) If a person convicted of stock theft involving any bovine or equine animal stolen in
the circumstances described in paragraph (a) or (b) of subsection (2) satisfies the court that
there are special circumstances peculiar to the case, which circumstances shall be recorded by
the court, why the penalty provided under subparagraph (i) of subsection (2) should not be
imposed, the convicted person shall be liable to the penalty provided under subparagraph (ii)
of subsection (2).
(4) A court sentencing a person under subparagraph (i) of subsection (2)
(a) to the minimum sentence of imprisonment of nine years, shall not order that the
operation of the whole or any part of the sentence be suspended;
(b) to imprisonment in excess of the minimum sentence of imprisonment of nine years,
may order that the operation of the whole or any part of the sentence exceeding nine
years be suspended.
(5) Any person who enters any cattle kraal, stable, byre, fold, pen, sty, loft, coop, run,
building or other enclosure with intent to steal any livestock or its produce therefrom shall be
guilty of attempted stock theft and liable to a fine not exceeding level twelve or imprisonment
for a period not exceeding two years or both.
(6) When any person is accused of a contravention of subsection (5), the onus shall be on
such person to prove, on a balance of probabilities, that he or she had no intention of stealing
any livestock or its produce.
(7) A person accused of contravening
(a) paragraph (a) or (b) of subsection (2) may be found guilty of theft or receiving
stolen property knowing it to have been stolen, if such a conviction is the more
appropriate on the evidence;
(b) paragraph (c) or (d) of subsection (2) may be charged concurrently or alternatively
with, or be found guilty of, theft, receiving stolen property knowing it to have been
stolen or possessing property reasonably suspected of being stolen, if such a charge
or conviction is the more appropriate on the evidence.
(8) Any person charged with the stock theft involving livestock or its produce belonging
to a particular person may be found guilty of stock theft, theft or any other crime of which he
or she may be found guilty in terms of Chapter XV notwithstanding the fact that the
prosecution has failed to prove that such livestock or produce actually did belong to such
particular person.

115 When persons deemed to intend to deprive others permanently of

property
Without limiting the expression in any way, a person shall be deemed for the purpose of
sections one hundred and thirteen and one hundred and fourteen to intend to deprive another
person permanently of that person’s ownership, possession or control of property if
(a) having taken possession or assumed control of the property, he or she

74
 (i) abandons it without regard to whether or not it is restored to the other person;
or
(ii) subjects it to a use which he or she realises will destroy it; or
(b) he or she consumes the property, intending to return identical property to the other
person; or
(c) the property being money, he or she spends it, intending to return the same amount
to the other person.

116 Unauthorised borrowing or use of property

Any person who, knowing that another person is entitled to own, possess or control any
property capable of being stolen or realising that there is a real risk or possibility that another
person may be so entitled, takes possession or control of the property without the consent of
that other person, intending to temporarily hold or make temporary use of it and then return it
to that other person’s possession or control, shall be guilty of unauthorised borrowing or use
of property, and liable to
(a) a fine not exceeding level fourteen or not exceeding twice the value of the property
which forms the subject of the charge, whichever is the greater; or
(b) imprisonment for a period not exceeding two years;
or both.

117 Making off without payment

(1) In this section
“payment on the spot” includes
(a) in relation to the provision of a service, payment at the time of collecting goods
on which work has been done or in respect of which a service has been provided;
(b) payment before leaving the premises in or upon which the service or goods were
provided.
(2) Any person who benefits from a service or consumes any goods lawfully provided to
him or her and, knowing that payment on the spot for the service or goods is required or
expected from him or her, intentionally makes off without paying for the service or goods,
shall be guilty of making off without payment, and liable to
(a) a fine not exceeding level seven or not exceeding twice the value of the service or
goods which form the subject of the charge, whichever is the greater; or
(b) imprisonment for a period not exceeding two years;
or both.
(3) If it is proved in a prosecution for making off without payment that a person, having
benefited from a service or consumed any goods lawfully provided to him or her, absented
himself or herself without paying for the service or goods, and that the service or goods are of
a kind for which payment on the spot is ordinarily required, then it shall be presumed, unless
the contrary is proved, that
(a) he or she knew that payment on the spot for the service or goods was required or
expected from him or her; and

75
 (b) he or she intentionally made off without paying for the service or goods.

118 Mistake of fact in cases of theft, stock theft or unauthorised borrowing or

use of property
(1) It shall be a defence to a charge of theft, stock theft or unauthorised borrowing or use
of property that the accused took the property concerned, genuinely but mistakenly believing
that
(a) the owner of the property, or the person entitled to possess or control it, had
consented to the taking or would have consented if he or she had known of the
circumstances; or
(b) the property was his or her own property and no other person was entitled to possess
or control it; or
(c) the property had been finally and absolutely abandoned, that is, that the owner had
thrown it away or otherwise disposed of it intending to relinquish all his or her rights
to it:
Provided that such a belief shall not be a defence to a charge of theft of lost
property unless
(i) regard being had to the nature and value of the property and the
circumstances of its finding, the belief was reasonable; or
(ii) the accused took all reasonable steps to find the owner of the property and
reported his or her finding of it to the police or other appropriate authority.
(2) Subsection (1) shall not be construed as limiting or excluding the application of
Chapter XIV in relation to theft, stock theft or unlawful borrowing or use of property.
(3) Where a person takes possession or control of any property with the mistaken consent
or acquiescence of the person from whom he or she takes it, that consent shall not be a
defence to a charge of theft, stock theft or unlawful borrowing or use of the property if the
person who takes the property
(a) knows of the mistake at the time he or she takes the property; or
(b) deals with or uses or keeps the property after he or she has become aware of the
mistake.

119 Unavailable defences to charge of theft, stock theft or unauthorised

borrowing or use of property
(1) It shall not be a defence to a charge of theft, stock theft or of unauthorised borrowing
or use of property that the person charged
(a) took the property concerned in circumstances other than those described in
subsection (1) of section one hundred and eighteen, genuinely but mistakenly
believing
(i) that he or she had a legal right to take the property on his or her own behalf
or on behalf of someone else; and
(ii) in the case of a charge of theft, that he or she had a legal right permanently to
deprive the person from whom he or she took the property of his or her
ownership, possession or control of it;

76
 or
(b) did not intend to gain any personal benefit from the property concerned; or
(c) needed the property concerned because he or she was suffering hardship; or
(d) believed that the person entitled to own, possess or control the property had more
property than he or she needed for his or her own purposes; or
(e) did not intend to prejudice the person entitled to own, possess or control the
property; or
(f) in the case of a charge of theft or stock theft, intended to return the property to the
person entitled to own, possess or control it, having originally taken it with the
intention of permanently depriving that person of his or her ownership, possession
or control; or
(g) did not know the identity of the person entitled to own, possess or control the
property.
(2) Where a person holds trust property it shall not be a defence to a charge of theft,
stock theft or unlawful borrowing or use of the property that the person genuinely but
mistakenly believed that the law, in the absence of an express stipulation to the contrary under
the terms on which he or she holds the property, allowed him or her to spend, consume or
dispose of that property provided that he or she replaced it.
(3) A court may regard the factors referred to in paragraphs (a), (b), (c) and (e) of
subsection (1), and subsection (2), as mitigatory when assessing the sentence to be imposed
upon a person convicted of theft, stock theft or unauthorised borrowing or use of property.

120 Joint ownership no defence

It shall not be a defence to a charge of theft, stock theft or unauthorised borrowing or use
of property that the accused was a co-owner of the property that forms the subject of the
charge, whether the co-ownership arises through marriage or a partnership or otherwise, if
(a) the taking, dealing with or using of the property was not authorised by any
agreement between the accused and his or her co-owner, spouse or partner; and
(b) in the case of a charge of theft or stock theft, the accused took, dealt with or used the
property with the intention of depriving his or her co-owner, spouse or partner
permanently of the ownership, possession or control of the property:
Provided that no prosecution shall be instituted against a spouse for stealing or unlawfully
borrowing or using property belonging to the other spouse or that forms part of the spouses’
joint estate, unless the Attorney-General has authorised such a prosecution.

121 Theft and stock theft continuing crimes

(1) The crime of theft or stock theft continues to be committed by a thief even if the thief
subsequently loses possession of the property he or she has stolen.
(2) Regardless of whether a thief remains in possession of the property he or she has
stolen
(a) he or she may be tried for the theft or stock theft by any court within whose area of
jurisdiction he or she possessed the stolen property, even if he or she originally stole
the property outside the court’s area of jurisdiction or outside Zimbabwe; and

77
 (b) any person who assists him or her while he or she is in possession of the stolen
property may be charged and convicted as an accomplice to the theft or stock theft.

122 Pledge-taking cases

(1) Where a person takes possession or control of property capable of being stolen which
is owned, possessed or controlled by another person, intending to hold the property as a
pledge or security pending the satisfaction of a debt owned by that other person, he or she
shall not be chargeable with theft of the property or stock theft unless he or she intended to
deprive the other person permanently of his or her ownership, possession or control of the
property, but he or she may be charged with unauthorised borrowing or use of the property.
(2) A person who takes property capable of being stolen, intending to deprive the owner
permanently of his or her ownership, contrary to the terms on which the person received
possession or control of it from the owner as a pledge or security pending the satisfaction of a
debt owed to him or her, shall be chargeable with theft or stock theft, as the case may be.

123 Recent possession of stolen property

(1) Subject to subsection (2), where a person is found in possession of property that has
recently been stolen and the circumstances of the person’s possession are such that he or she
may reasonably be expected to give an explanation for his or her possession, a court may infer
that the person is guilty of either the theft of the property or stock theft, or of receiving it
knowing it to have been stolen, whichever crime is the more appropriate on the evidence, if
the person
(a) cannot explain his or her possession; or
(b) gives an explanation of his or her possession which is false or unreasonable.
(2) A court shall not draw the inference referred to in subsection (1) unless the
circumstances of the person’s possession of the property are such that, in the absence of an
explanation from him or her, the only reasonable inference is that he or she is guilty of theft,
stock theft or receiving stolen property knowing it to have been stolen, as the case may be.

Division C: Receiving or possessing stolen property

124 Receiving stolen property knowing it to have been stolen

(1) Any person who takes possession of stolen property
(a) knowing that it has been stolen; or
(b) realising that there is a real risk or possibility that it has been stolen;
shall be guilty of receiving stolen property knowing it to have been stolen, and liable to
(i) a fine not exceeding level fourteen or not exceeding twice the value of the
property which forms the subject of the charge, whichever is the greater; or
(ii) imprisonment for a period not exceeding twenty-five years;
or both.
(2) If it is proved in a prosecution for receiving stolen property knowing it to have been
stolen that, at the time the accused took possession of the property, he or she did not know
that it had been stolen or did not realise that there was a real risk or possibility that it had been

78
stolen, but acquired such knowledge or came to such a realisation afterwards, he or she may
be convicted of theft or stock theft or of being found in possession of property reasonably
suspected of being stolen, if the facts support such a conviction.

125 Possessing property reasonably suspected of being stolen

If any person
(a) is or has been in possession of property capable of being stolen and the
circumstances of his or her possession are such as to give rise, either at the time of
his or her possession or at any time thereafter, to a reasonable suspicion that when
he or she came into possession of the property it was stolen; and
(b) is unable at any time to give a satisfactory explanation for his or her possession of
the property;
the person shall be guilty of possessing property reasonably suspected of being stolen, and
liable to
(i) a fine not exceeding level ten or not exceeding twice the value of the
property which forms the subject of the charge, whichever is the greater; or
(ii) imprisonment for a period not exceeding five years;
or both.
Division D: Robbery

126 Robbery
(1) Any person who steals or does any act constituting the crime of unauthorised
borrowing or use of property shall be guilty of robbery if he or she intentionally uses violence
or the threat of immediate violence
(a) immediately before or at the time he or she takes the property, in order to induce the
person who has lawful control over the property to relinquish his or her control over
it; or
(b) immediately after he or she takes the property, in order to prevent the person who
had lawful control over the property from recovering his or her control over it.
(2) A person convicted of robbery shall be liable
(a) to imprisonment for life or any definite period of imprisonment, if the crime was
committed in aggravating circumstances as provided in subsection (3); or
(b) in any other case
(i) to a fine not exceeding level fourteen or not exceeding twice the value of the
property that forms the subject of the charge, whichever is the greater; or
(ii) to imprisonment for a period not exceeding fifty years;
or both:
Provided that a court may suspend the whole or any part of a sentence of
imprisonment imposed for robbery on condition that the convicted person restores
any property stolen by him or her to the person deprived of it or compensates such
person for its loss.

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 (3) For the purposes of subsection (2), robbery is committed in aggravating
circumstances if the convicted person or an accomplice of the convicted person 
(a) possessed a firearm or a dangerous weapon; or
(b) inflicted or threatened to inflict serious bodily injury upon any person; or
(c) killed a person;
on the occasion on which the crime was committed.

127 Robbery where complainant abandons control over property

It shall not be a defence to a charge of robbery that, when the accused took possession or
control over the property, the person who had lawful control over it was no longer exercising
such control, if
(a) when the accused first used violence or the threat of violence, that other person was
in control of the property; and
(b) the effect of the violence or threat of violence was to render that other person
unconscious or to cause him or her to run away or abandon the property or otherwise
to render him or her incapable of exercising control over it.

128 Defences to charge of robbery

A person accused of robbery shall be entitled to rely upon any defence that would have
been available to the accused if he or she had been accused of theft of the property concerned.

129 Threat of future violence

(1) The taking, dealing with, using or keeping of property by means of a threat of
violence shall not constitute robbery unless the threat is of immediate violence, that is to say,
is a threat that violence will be used immediately if control over the property is not
surrendered.
(2) Nothing in this section shall prevent a person who uses a threat of future violence to
obtain control over property from being charged with extortion.

PART II
CRIMES INVOLVING ENTERING OR BEING IN OR ON PREMISES OR LAND

130 Interpretation in Part II of Chapter VI

In this Part¾
“enter”, in relation to any premises, land or enclosed area, includes¾
(a) for the purposes of sections one hundred and thirty-one and one hundred and
thirty-two, to insert any part of one’s body or an instrument into the premises,
land or enclosed area;
(b) to open or break open a door, window or gate or otherwise to remove an obstacle
to entry into the premises, land or enclosed area;
(c) to enter the premises or land without having removed an obstacle, as where entry
is effected through an open door, window or gate;

80
 “lawful occupier”, in relation to any land, enclosed area or premises, means any person
who has lawful authority to control entry into or access to the land, area or premises;
“premises” means any movable or immovable building or structure which is used for
human habitation or for storage, and includes an outbuilding, a shed, a caravan, a
boat or a tent.

131 Unlawful entry into premises

(1) Any person who, intentionally and without permission or authority from the lawful
occupier of the premises concerned, or without other lawful authority, enters the premises
shall be guilty of unlawful entry into premises and liable¾
(a) to a fine not exceeding level thirteen or not exceeding twice the value of any
property stolen, destroyed or damaged by the person as a result of the crime,
whichever is the greater, or imprisonment for a period not exceeding fifteen years,
or both, if the crime was committed in any one or more of the aggravating
circumstances set out in subsection (2); or
(b) in any other case, to a fine not exceeding level ten or not exceeding twice the value
of any property destroyed or damaged by the person as a result of the crime,
whichever is the greater, or imprisonment for a period not exceeding ten years, or
both.
(2) For the purposes of subsection (1), the crime of unlawful entry into premises is
committed in aggravating circumstances if, on the occasion on which the crime was
committed, the convicted person¾
(a) entered a dwelling-house; or
(b) knew there were people present in the premises; or
(c) carried a weapon; or
(d) used violence against any person, or damaged or destroyed any property, in effecting
the entry; or
(e) committed or intended to commit some other crime.

132 Criminal trespass

(1) Any person who¾
(a) enters any land knowing or realising that there is a real risk or possibility that such
entry is forbidden; or
(b) having entered any land, fails or refuses without lawful excuse to leave the land, or
area when called upon to do so by the lawful occupier or any other person with
apparent authority to require him or her to leave;
shall be guilty of criminal trespass and liable to a fine not exceeding level five or
imprisonment for a period not exceeding six months or both.
(2) It shall be presumed, unless the contrary is shown, that a person accused of criminal
trespass knew or realised that there was a real risk or possibility that entry into the land in
question was forbidden where the land was an enclosed area.
(3) For the purposes of subsection (2)—

81
 (a) an “enclosed area” means an area of land the perimeter of which is enclosed by a
sufficient wall, fence or hedge that is continuous except for one or more entrances
that are barred or capable of being barred by a gate or other means;
(b) in considering whether a wall, fence or hedge is “sufficient”, no regard shall be had
to its design or state of repair as long as it is apparent to a reasonable person that the
wall, fence or hedge was intended to enclose the area of land concerned.

PART III
EXTORTION

133 Interpretation in Part III of Chapter VI

In this Part¾
“advantage” means any right, interest, profit, indemnity, favour or advantage of any kind
whatsoever which benefits a person, whether lawfully or otherwise, or which a
person believes will so benefit him or her;
“exert illegitimate pressure on a person” means to do anything whatsoever which is
intended to and does intimidate that person and, without limiting this definition in
any way, includes¾
(a) to threaten to do something that is lawful for the purpose of extracting an
unlawful advantage from another person; and
(b) to threaten to do something that is unlawful for the purpose of extracting a
lawful advantage from another person.

134 Extortion
(1) Any person who¾
(a) intentionally exerts illegitimate pressure on another person with the purpose of
extracting an advantage, whether for himself or herself or for some other person,
and whether or not it is due to him or her, from that other person, or causing that
other person loss; and
(b) by means of the illegitimate pressure, obtains the advantage, or causes the loss;
shall be guilty of extortion and liable to¾
(i) a fine not exceeding level thirteen or not exceeding twice the value of any
property obtained by him or her as a result of the crime, whichever is the
greater; or
(ii) imprisonment for a period not exceeding fifteen years;
or both.
(2) For the avoidance of doubt it is declared that where a person, for the purpose of
inducing or compelling the payment of any money or property as damages or as marriage
compensation in respect of a deceased person, leaves or deposits the deceased person’s body
on any land or premises occupied by another person, or hinders or prevents the burial of the
deceased person’s body, he or she shall be guilty of extortion or, if he or she failed to induce
or compel the payment of any money or property, attempted extortion.

82
 (3) If a court convicting a person of extortion is satisfied that, as a result of the crime,
any money or property was paid to the convicted person, the court may order the convicted
person to repay that money or property to the person who paid it to him or her.
(4) Subsection (2) of section 366 and sections 367 to 375 of the Criminal Procedure and
Evidence Act [Chapter 9:07] shall, with the necessary modifications, apply in relation to any
order under subsection (3) as if it had been made in terms of Part XIX of that Act.

PART IV
FRAUD AND FORGERY

135 Interpretation in Part IV of Chapter VI

In this Part¾
“defraud” means to commit the crime of fraud upon a person;
“document’ means an embodiment of any information, design or other written or
depicted matter in any material form whatsoever that is capable of being read or
understood by persons or machines and, without limiting this definition in any way,
includes¾
(a) coins, banknotes and negotiable instruments;
(b) receipts, certificates, vouchers, tickets, invoices, stamps, marks, licences,
permits, statements of account and any entry in any book of account;
(c) paintings and other works of art;
(d) documents of a literary or historical nature;
(e) information stored by electronic means that is capable of being printed out or
retrieved or displayed on a screen or terminal;
(f) any three-dimensional item;
“misrepresentation” means any act or omission of any kind whatsoever which wrongly
or incorrectly represents any fact, law, character, circumstance, opinion or other
thing whatsoever and, without limiting this definition in any way, includes¾
(a) a false statement of fact or law or a false expression of opinion;
(b) silence on the part of a person who has a duty to speak, knowing that another
person has been or will be misled by the silence;
(c) a promise to do something in the future, when made by a person who knows that
he or she will not be able to do that thing or who realises that there is a real risk
or possibility that he or she may not be able to do it;
(d) a false statement by a person who wishes to borrow money or any other thing as
to the purpose for which he or she requires the money or other thing;
(e) an exaggerated claim as to any quality of a thing that is being sold, where the
person who makes the claim knows or realises that the person to whom he or she
makes the claim is being or is likely to be deceived thereby;

83
 (f) the use, publication or uttering of a document which contains a false statement,
knowing that the document contains a false statement or realising that there is a
real risk or possibility that it does so;
“potentially prejudicial” means involving a risk, which is not too fanciful or remote, of
causing prejudice;
“prejudice” means injury, harm, detriment or damage of any kind whatsoever, including
material or financial prejudice, prejudice to reputation and prejudice to good
administration;
“public document or item” means a document or item, including a judicial document or
item, issued by or on behalf of the State.

136 Fraud
Any person who makes a misrepresentation¾
(a) intending to deceive another person or realising that there is a real risk or possibility
of deceiving another person; and
(b) intending to cause another person to act upon the misrepresentation to his or her
prejudice, or realising that there is a real risk or possibility that another person may
act upon the misrepresentation to his or her prejudice;
shall be guilty of fraud if the misrepresentation causes prejudice to another person or creates a
real risk or possibility that another person might be prejudiced, and be liable to¾
(i) a fine not exceeding level fourteen or not exceeding twice the value of any
property obtained by him as a result of the crime, whichever is the greater;
or
(ii) imprisonment for a period not exceeding thirty-five years;
or both.

137 Forgery
(1) Any person who forges any document or item by—
(a) making a document or signature which purports to be made by a person who did
not make it or authorise it to be made or by a person who does not exist; or
(b) tampering with a document or item by making some material alteration, erasure
or obliteration;
with the intention of defrauding another person or realising that there is a real risk or
possibility of defrauding another person thereby, shall be guilty of forgery and liable to¾
(i) in a case of forgery of a public document or item, a fine not exceeding level
fourteen or imprisonment for a period not exceeding twenty years or both; or
(ii) in a case of forgery of a document or item other than a public document or
item, a fine not exceeding level thirteen or imprisonment not exceeding
fifteen years or both.
(2) In a case where¾

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 (a) a person delivers or causes to be delivered a forged document or item to another
person with the intention of defrauding that person or realising that there is a real
risk or possibility of defrauding that person¾
(i) the competent charges shall be fraud and forgery if the person delivering the
forged document or item or causing it to be delivered also forged it;
(ii) the competent charge shall be fraud if the person delivering the forged
document or item or causing it to be delivered did not forge it;
(b) the forged document or item is a banknote issued by the Reserve Bank of
Zimbabwe, the competent charge shall be that specified in section 42 of the Reserve
Bank Act [Chapter 22:15].

138 Conviction for fraud, etc., where specific victim not identified
A person accused of fraud or any other crime involving the making of a misrepresentation
may be found guilty of the crime notwithstanding that¾
(a) the person to whom the misrepresentation was made is not identified; or
(b) the person whom the accused intended to deceive or prejudice, or whom the accused
realised he or she might be deceiving or prejudicing, is not identified; or
(c) the person to whom prejudice or potential prejudice was or would have been caused
is not identified.

PART V
CAUSING DAMAGE TO OR DESTRUCTION OF PROPERTY

139 Interpretation in Part V of Chapter VI

In this Part¾
“damage” means any permanent or temporary damage or injury of any kind to property,
whether or not it causes financial loss to the person entitled to own, possess or
control the property, and includes¾
(a) damage or injury which necessitates the repair of the property, whatever the cost
of the repair;
(b) the displacement, removal or breaking of a constituent part of the property;
(c) damage or injury which renders the property unsuitable or less suitable for the
use to which it was being put;
but does not include damage or injury which is trivial in nature;
“property” means any movable or immovable material thing that is capable of being
owned by a person, but does not include any of the following things¾
(a) wild animals, birds, insects and fish that have not been reduced to captivity;
(b) eggs, honey and other produce of wild animals, birds, insects and fish, which has
not been taken into possession by anyone;

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 (c) property that has been finally and absolutely abandoned by its owner, that is,
thrown away or otherwise disposed of by the owner with the intention of
relinquishing all his or her rights to it;
(d) property that is owned by the person who damages or destroys it, unless some
other person has a right to possess or control the property and the person who
damages or destroys it intends, by his or her act, to deprive that other person of
his or her right.

140 Malicious damage to property

Any person who, knowing that another person is entitled to own, possess or control any
property or realising that there is a real risk or possibility that another person may be so
entitled, damages or destroys the property¾
(a) intending to cause such damage or destruction; or
(b) realising that there is a real risk or possibility that such damage or destruction may
result from his or her act or omission;
shall be guilty of malicious damage to property, and liable to¾
(i) a fine not exceeding level fourteen or not exceeding twice the value of the
property damaged as a result of the crime, whichever is the greater; or
(ii) imprisonment for a period not exceeding twenty-five years;
or both.

141 Negligently causing serious damage to property

Any person who, knowing that another person is entitled to own, possess or control any
property or realising that there is a real risk or possibility that another person may be so
entitled, seriously damages or destroys the property, being grossly negligent in causing such
damage or destruction, shall be guilty of negligently causing serious damage to property, and
liable to a fine not exceeding level ten or imprisonment for a period not exceeding five years
or both.

142 Damage by co-owners, spouses and partners

It shall not be a defence to a charge of malicious damage to property or negligently
causing serious damage to property that the person charged was a co-owner of the property
that forms the subject of the charge, whether the co-ownership arises through marriage or a
partnership or otherwise, if the damaging of the property was not authorised by any
agreement between the person and his or her co-owner, spouse or partner:
Provided that no prosecution shall be instituted against a spouse for damaging property
belonging to the other spouse or that forms part of the spouses’ joint estate, unless the
Attorney-General has authorised such a prosecution.

143 Aggravating circumstances in relation to malicious damage to property

or negligently causing serious damage to property
It shall be an aggravating circumstance if¾
(a) the damage or destruction that constitutes the crime of malicious damage to property
or negligently causing serious damage to property¾

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 (i) is caused by the use of fire or explosives; or
(ii) causes injury or involves a risk of injury to persons in or near the property
concerned; or
(iii) occasions considerable material prejudice to the person entitled to own,
possess or control the property damaged or destroyed;
or
(b) the crime of malicious damage to property or negligently causing serious damage to
property is committed against property that is owned, possessed or controlled by the
State, a statutory corporation or a local authority.

144 Mistake of fact in relation to malicious damage to property

(1) It shall be a defence to a charge of malicious damage to property that the person
charged damaged or destroyed the property concerned, genuinely but mistakenly believing
that¾
(a) the owner or person entitled to possess or control the property had consented to the
damage or destruction or would have consented if he or she had known of the
circumstances; or
(b) the property was his or her own property and no other person was entitled to possess
or control it; or
(c) the property had been finally and absolutely abandoned by its owner, that is, that the
owner had thrown it away or otherwise disposed of it intending to relinquish all his
or her rights in it:
Provided that such a belief shall not be a defence to a charge of malicious damage to
property unless, regard being had to all the circumstances, the belief was reasonable.
(2) This section shall not be construed as limiting or excluding the application of Chapter
XIV in relation to malicious damage to property.

PART VI
HIJACKING AND OTHER CRIMES INVOLVING AIRCRAFT

145 Interpretation in Part VI of Chapter VI

(1) In this Part
“aircraft” means an aircraft to which this Part applies in terms of section one hundred
and forty-six;
“crew”, in relation to an aircraft, means any person connected with the operation of the
aircraft, and includes flight attendants and air hostesses;
“dangerous goods” means
(a) firearms, ammunition, weapons and explosive substances; and
(b) substances and things which, by reason of their nature or condition, may
endanger the safety of an aircraft or of persons on board an aircraft.

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 (2) For the purposes of this Part
(a) the flight of an aircraft shall be deemed to have begun
(i) when the last external door of the aircraft is closed before the aircraft first
moves for the purpose of taking off from any place; or
(ii) where subparagraph (i) is not applicable, when the aircraft first moves for the
purpose of taking off from any place;
(b) the flight of an aircraft shall be deemed to have ended
(i) when the first external door of the aircraft is opened after the aircraft comes
to rest for the first time after the beginning of the flight; or
(ii) where subparagraph (i) is not applicable, when the aircraft comes to rest for
the first time after the beginning of its flight; or
(iii) where the aircraft is destroyed or the flight is abandoned before either
subparagraph (i) or (ii) becomes applicable, when the aircraft is destroyed or
the flight is abandoned, as the case may be.

146 Application of Part VI of Chapter VI

This Part shall apply to
(a) all aircraft which are
(i) in or over Zimbabwe; or
(ii) outside Zimbabwe and engaged in a flight which began in Zimbabwe or
which at its beginning was intended to end in Zimbabwe; and
(b) all aircraft, wherever situated, which
(i) are registered or required to be registered in terms of the Civil Aviation Act
[Chapter 13:16] or any regulations made thereunder; or
(ii) belong to or are in the service of the State; or
(iii) belong to or for the time being are exclusively used by the Defence Forces or
the Police Force.

147 Hijacking
Any person who, without lawful reason, takes or exercises control over an aircraft shall
be guilty of hijacking and liable to be sentenced to imprisonment for life or any definite
period of imprisonment.

148 Damaging, destroying or prejudicing the safe operation of an aircraft

Any person who, without lawful reason
(a) intentionally damages or destroys an aircraft; or
(b) does or omits to do anything with the intention or realising that there is a real risk or
possibility of prejudicing the safe operation of an aircraft;
shall be guilty of damaging, destroying or prejudicing the safe operation of an aircraft and
liable to imprisonment for a period not exceeding twenty-five years.

88
149 Assaulting, intimidating or threatening a person on an aircraft
Any person who, without lawful reason, assaults, intimidates or threatens any person
aboard an aircraft with the intention or realising that there is a real risk or possibility of
interfering with the performance of the functions of any member of the crew of that aircraft,
or with the intention or realising that there is a real risk or possibility of lessening the ability
of such member to perform those functions, shall be guilty of assaulting, intimidating or
threatening a person on an aircraft, and liable to imprisonment for a period not exceeding five
years.

150 Placing or carrying dangerous goods on an aircraft

(1) Subject to subsection (2), any person who, without lawful reason
(a) places or carries any dangerous goods aboard an aircraft; or
(b) causes any dangerous goods to be placed or carried aboard an aircraft; or
(c) delivers dangerous goods to a person for the purpose of their being placed aboard an
aircraft; or
(d) has dangerous goods in his or her possession aboard an aircraft;
shall be guilty of placing or carrying dangerous goods on an aircraft and liable to
imprisonment for a period not exceeding fifteen years.
(2) Subsection (1) shall not apply to the placing, carrying, causing to be placed or
carried, delivery or possession of dangerous goods on board an aircraft
(a) with the consent of the owner or operator of the aircraft, given with the knowledge
of the nature of the goods; or
(b) in accordance with the Civil Aviation Act [Chapter 13:16] or any regulations made
thereunder; or
(c) by a person in the course of his or her lawful duties as an employee of the State.

151 Threatening harm in relation to an aircraft

Any person who, without lawful reason
(a) threatens; or
(b) states that it is his or her intention; or
(c) makes a statement from which it can reasonably be inferred that it is his or her
intention;
to damage, destroy or prejudice the safe operation of an aircraft or to kill, injure or harm any
person aboard an aircraft, shall be guilty of threatening harm in relation to an aircraft, and
liable to imprisonment for a period not exceeding five years.

152 Falsely threatening harm in relation to an aircraft

Any person who, without lawful reason, makes a statement knowing that it is false or
realising that there is a real risk or possibility that it may be false to the effect that, or from
which it can reasonably be inferred that, there has been or is to be a plan, proposal, attempt,
conspiracy or threat
(a) unlawfully to take or exercise control over an aircraft; or

89
 (b) unlawfully to destroy, damage or prejudice the safe operation of an aircraft; or
(c) unlawfully to kill or injure any person aboard an aircraft;
shall be guilty of falsely threatening harm in relation to an aircraft and liable to a fine up to or
exceeding level fourteen or imprisonment for a period not exceeding five years or both.

153 Proof of lawful reason for conduct in relation to aircraft

The burden of proving any fact or circumstance which would constitute a lawful reason
for conduct which, in the absence of such reason, would be a crime in terms of this Part, shall
rest on the person charged with the crime concerned.

154 Charges alternative to or concurrent with charges under Part VI of

Chapter VI
If a person commits any crime specified in this Part
(a) in pursuance of an act of insurgency, banditry, sabotage or terrorism as defined in
section nineteen, the person may be charged concurrently or alternatively with
insurgency, banditry, sabotage or terrorism; or
(b) that results in or was intended to cause the death of another person, whether or not in
pursuance of an act referred to in paragraph (a), the person may be charged
concurrently with murder or attempted murder.

CHAPTER VII
CRIMES INVOLVING DANGEROUS DRUGS

155 Interpretation in Chapter VII

In this Chapter—
“Authority” means the Medicines and Allied Substances Control Authority established
by section 3 of the Medicines and Allied Substances Control Act [Chapter 15:03] or
any body that succeeds to its functions;
“cannabis” means the flowering or fruiting tops of the cannabis plant (excluding the
seeds and leaves when not accompanied by the tops) from which the resin has not
been extracted, by whatever name they may be designated;
“cannabis plant” means any plant of the genus cannabis also known as “Indian hemp”,
bhang, camba, dagga, mbanje or intsangu;
“cannabis resin” means the separated resin, whether crude or purified, obtained from the
cannabis plant;
“coca bush” means the plant of any species of the genus erythroxylon;
“coca leaf” means the leaf of the coca bush except a leaf from which all ecgonine
alkaloids have been removed;
“dangerous drug” means—
(a) any coca bush, coca leaf, raw opium or cannabis plant;
(b) prepared opium, prepared cannabis or cannabis resin;

90
 (c) a scheduled drug;
“deal in”, in relation to a dangerous drug, includes to sell or to perform any act, whether
as a principal, agent, carrier, messenger or otherwise, in connection with the
delivery, collection, importation, exportation, trans-shipment, supply, administration,
manufacture, cultivation, procurement or transmission of such drug;
“medicinal opium” means opium which has undergone the processes necessary to adapt
it for medicinal use;
“opium” means the coagulated juice of the opium poppy;
“opium poppy” means the plant of the species Papaver somniferum L;
“poppy straw” means all parts (except the seeds) of the opium poppy, after mowing;
“prepared cannabis” means cannabis which has been prepared for smoking and any dross
or other residue remaining after cannabis has been smoked;
“prepared opium” means opium prepared for smoking and any dross or other residue
remaining after opium has been smoked;
“raw opium” includes powdered or granulated opium, but does not include medicinal
opium;
“scheduled drug” means a drug specified in Part I or Part II of the Schedule to the
Dangerous Drugs Act [Chapter 15:02], and the term “Part I scheduled drug” shall be
construed accordingly.

156 Unlawful dealing in dangerous drugs

(1) A person who unlawfully—
(a) imports, exports, sells, offers or advertises for sale, distributes, delivers, transports
or otherwise deals in a dangerous drug; or
(b) cultivates, produces or manufactures a dangerous drug for the purpose of dealing in
it; or
(c) possesses a dangerous drug, or any article or substance used in connection with the
production or manufacture of a dangerous drug, for the purpose of dealing in such
drug; or
(d) incites another person to consume a dangerous drug; or
(e) supplies or administers to or procures for any person, or offers to supply or
administer to or procure for any person, a dangerous drug;
shall be guilty of unlawful dealing in a dangerous drug and liable—
(i) if the crime was committed in any of the aggravating circumstances
described in subsection (2) and there are no special circumstances in the
particular case as provided in subsection (3), to imprisonment for a period of
not less than fifteen years or more than twenty years and a fine not below
level fourteen or, in default of payment, imprisonment for an additional
period of not less than five years or more than ten years; or
(ii) in any other case, to a fine up to or exceeding level fourteen or imprisonment
for a period not exceeding fifteen years or both.

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 (2) For the purpose of subparagraph (i) of subsection (1), the crime of unlawful dealing
in a dangerous drug is committed in aggravating circumstances if the dangerous drug in
question was a dangerous drug other than cannabis and the convicted person—
(a) was a member of a group of persons organised within or outside Zimbabwe for the
purpose of committing the crime; or
(b) employed weapons or engaged in violence in the course of committing the crime; or
(c) held a public office which he or she abused to facilitate the commission of the
crime; or
(d) being over the age of eighteen years, incited any minor to consume or deal in a
dangerous drug; or
(e) was previously convicted, whether within or outside Zimbabwe, of a crime
constituted by any of the acts specified in paragraphs (a) to (e) of subsection (1).
(3) If a person convicted of unlawful dealing in a dangerous drug in aggravating
circumstances satisfies the court that there are special circumstances in the particular case,
which circumstances shall be recorded by the court, why the penalty provided under
subparagraph (i) of subsection (1) should not be imposed, the convicted person shall be liable
to the penalty provided under subparagraph (ii) of subsection (1).
(4) A court sentencing a person under subparagraph (i) of subsection (1) shall not order
that the operation of the whole or any part of the sentence be suspended.

157 Unlawful possession or use of dangerous drugs

(1) Any person who unlawfully—
(a) acquires or possesses a dangerous drug; or
(b) ingests, smokes or otherwise consumes a dangerous drug; or
(c) cultivates, produces or manufactures a dangerous drug for his or her own
consumption;
shall be guilty of unlawfully possessing or using a dangerous drug and, subject to subsection
(2), liable to a fine not exceeding level ten or imprisonment for a period not exceeding five
years or both.
(2) Where a court convicts any person of the crime of unlawfully possessing or using a
dangerous drug and it is established that the person is an abuser of and addicted to a
dangerous drug the court may, additionally or alternatively to any sentence imposable under
subsection (1), impose a sentence requiring the person to undergo treatment for such
addiction.

158 Crimes under sections 156 and 157 committed outside Zimbabwe
(1) Any person who is a citizen of Zimbabwe or ordinarily resident therein and who does
anything outside Zimbabwe which, if it were done in Zimbabwe, would—
(a) constitute the crime of unlawful dealing in dangerous drugs or unlawful possession
or use of dangerous drugs; or
(b) constitute an attempt, conspiracy or incitement to commit a crime referred to in
paragraph (a);

92
 (c) render him or her liable as an accomplice or accessory to a crime referred to in
paragraph (a);
shall, if such crime is punishable under a corresponding law in force in that place outside
Zimbabwe, be guilty of the appropriate crime referred to in paragraph (a) or (b) and liable to
be sentenced accordingly.
(2) Any person who, in Zimbabwe, conspires with or incites another person to do
anything outside Zimbabwe which, if it were done in Zimbabwe, would constitute the crime
of unlawful dealing in dangerous drugs or unlawful possession or use of dangerous drugs,
shall, if such crime is punishable under a corresponding law in force in that place outside
Zimbabwe, be guilty of conspiracy or incitement, as the case may be, to commit the
appropriate crime and liable to be sentenced accordingly.

159 Permitting premises to be used for the unlawful dealing in or use of

dangerous drugs
Any person who—
(a) being the occupier of any premises, permits those premises to be used for purpose of
the unlawful cultivation, manufacture, sale, supply, storage or consumption of a
dangerous drug; or
(b) is concerned in the management of any premises used for any purpose referred to in
paragraph (a);
shall be guilty of permitting premises to be used for the unlawful dealing in or use of
dangerous drugs and liable to a fine up to or exceeding level fourteen or imprisonment for a
period not exceeding ten years or both.

160 Concealing, disguising or enjoying the proceeds of the unlawful dealing

in dangerous drugs
Any person who, knowing that any property is derived from the unlawful dealing in
dangerous drugs, or realising that there is a real risk or possibility that any property may be so
derived—
(a) converts or transfers such property for the purpose of concealing or disguising the
origin of the property; or
(b) conceals or disguises the true nature, source, location, disposition, movement, rights
with respect to, or ownership of such property; or
(c) acquires, possesses or uses such property;
shall be guilty of concealing, disguising or enjoying the proceeds of the unlawful dealing in
dangerous drugs and liable to a fine not exceeding level twelve or imprisonment for a period
not exceeding ten years or both.

161 Persons who may lawfully possess, deal in or use dangerous drugs
(1) Any of following persons, namely—
(a) a person licensed to do so under the Medicines and Allied Substances Control Act
[Chapter 15:03];
(b) any medical practitioner, dental practitioner or veterinary surgeon;

93
 (c) any pharmaceutical chemist licensed in terms of the Medicines and Allied
Substances Control Act [Chapter 15:03] or pharmaceutical chemist or other person
—
(i) employed in a hospital, clinic, dispensary or like institution administered by
the State or by a local authority, or in any other hospital, clinic, dispensary or
like institution approved by the Minister responsible for health; or
(ii) employed in any medical store of the State;
(d) any person in charge of a laboratory used for the purposes of research or instruction
and attached to—
(i) a university, a university college or other educational institution approved by
the Minister responsible for health; or
(ii) any hospital referred to in subparagraph (i) of paragraph (c);
(e) any analyst employed by the State; or
(f) any inspector appointed in terms of the Medicines and Allied Substances Control
Act [Chapter 15:03]; or
(g) any other person prescribed by the Minister by notice in a statutory instrument after
consultation with the Minister responsible for health;
may, in that capacity and so far as is necessary for the practice or exercise of that person’s
profession, function or employment, lawfully acquire, possess and supply any coca bush,
cannabis plant, raw opium or scheduled drug and, in the case of a Part I scheduled drug,
prescribe, administer, manufacture or compound such drug.
(2) A qualified nurse—
(a) in charge of a ward, theatre or out-patients’ department in any hospital referred to in
subparagraph (i) of paragraph (c) of subsection (1); or
(b) who—
(i) is employed in a supervisory capacity over two or more wards in any hospital
referred to in subparagraph (i) of paragraph (c) of subsection (1); and
(ii) has been appointed by the medical practitioner in charge of the hospital to be
responsible at any time for the distribution of Part I scheduled drugs within
the hospital;
may, in that capacity and so far as is necessary for the practice of that nurse’s profession,
function or employment, lawfully acquire, administer, possess and supply a Part I scheduled
drug.
(3) A person licensed by the Authority may, in accordance with the terms and conditions
of the licence, import or export opium poppies, coca bushes, cannabis plants or a Part I
scheduled drug.
(4) A person licensed by the Authority may, in accordance with the terms and conditions
of the licence, cultivate opium poppies, coca bushes or cannabis plants.
(5) A person licensed by the Authority may, in accordance with the terms and conditions
of the licence and on premises authorised or licensed by the Authority for the purpose,

94
manufacture a Part I scheduled drug or carry on any process in the manufacture of a Part I
scheduled drug.
(6) Subject to subsection (7), any person to whom a Part I scheduled drug has been
supplied in accordance with a prescription by a medical practitioner, dental practitioner or
veterinary surgeon shall be regarded as a person lawfully in possession of that drug.
(7) A person who is lawfully supplied with a Part I scheduled drug by, or on a
prescription given by, a medical practitioner shall not be treated as a person lawfully in
possession of that drug if, at the time when he or she is so supplied, he or she is also being
supplied with a Part I scheduled drug by or on a prescription given by another medical
practitioner, and did not disclose that fact to the first-mentioned medical practitioner.

CHAPTER VIII
COMPUTER-RELATED CRIMES

162 Interpretation in Chapter VIII

(1) In this Chapter—
“computer” means a device or apparatus or series of devices which, by electronic,
electromagnetic, electro-mechanical or other means, is capable of one or more of the
following
(a) receiving or absorbing data and instructions supplied to it;
(b) processing data according to rules or instructions;
(c) storing and additionally, or alternatively, reproducing data before or after
processing the data;
and includes
(i) the devices or apparatus or series of devices commonly known as automatic
telling machines, electronic cash registers and point-of-sale tills; and
(ii) any other device or apparatus used for the electronic processing of monetary
transactions;
“computer virus” means any set of computer instructions that are, or any data,
programme or system that is, designed directly or indirectly to
(a) destroy or alter; or
(b) render meaningless, useless or ineffective; or
(c) obstruct, intercept, divert, interrupt or interfere with the use of;
any computer or computer network;
“computer network” means the interconnection of one or more computers through
(a) the use of satellite, microwave, terrestrial line or other communication media; or
(b) computer terminals, or a complex consisting of two or more interconnected
computers, whether or not the interconnection is continuously maintained;
“credit or debit card” means a card, disc, plate or token which, directly or indirectly,
causes a computer to function;

95
 “data” means representations of information or concepts that are being prepared or have
been prepared for storage or use in a computer;
“essential service” and “law enforcement agency” have the meanings given to those
terms by section nineteen;
“function” includes an operation or exercise of logic, control, arithmetic, deletion,
storage, retrieval and communication within, to or from a system;
“owner”, in relation to a computer or computer network, means the owner or person
entitled to possess or control the computer or computer network;
“password or pin number” means any combination of letters, numbers or symbols that
belongs or is assigned to a particular user for the purpose of enabling that user to
gain access to a programme or system which is held in a computer or computer
network;
“programme” means data or a set of instructions which, when executed in a computer,
causes the computer to perform a function;
“system” means an arrangement of data or one or more programmes which, when
executed, performs a function.
(2) For the purposes of this Chapter the Minister may, by notice in a statutory
instrument
(a) specify as a computer any particular device or apparatus that is or may be comprised
within the definition of “computer” in subsection (1); or
(b) exclude from the definition of “computer” in subsection (1) any specified device or
apparatus.

163 Unauthorised access to or use of computer or computer network

(1) Any person who, without authority from the owner of the computer or computer
network, intentionally—
(a) gains access to; or
(b) destroys or alters; or
(c) renders meaningless, useless or ineffective; or
(d) copies or transfers; or
(e) obstructs, intercepts, diverts, interrupts or interferes with the use of;
any data, programme or system which is held in a computer or computer network shall be
guilty of unauthorised access to or use of a computer and liable—
(i) if the crime was committed in any of the aggravating circumstances
described in section one hundred and sixty-six, to a fine not exceeding level
twelve or imprisonment for a period not exceeding ten years or both; or
(ii) in any other case, to a fine not exceeding level eight or imprisonment for a
period not exceeding three years or both.
(2) It shall be a defence to a charge of unauthorised access to or use of a computer for the
accused to prove that he or she was not motivated by malice when engaging in the
conduct constituting the crime, and that the conduct did not materially affect the

96
 data, programme or system in question nor the interests of the owner of the
computer or computer network.

164 Deliberate introduction of computer virus into computer or computer

network
Any person who, without authority from the owner of the computer or computer network,
knowingly introduces or causes to be introduced any computer virus into any computer or
computer network shall be guilty of deliberate introduction of a computer virus into a
computer or computer network and liable—
(a) if the crime was committed in any of the aggravating circumstances described in
section one hundred and sixty-six, to a fine not exceeding level twelve or
imprisonment for a period not exceeding ten years or both; or
(b) in any other case, to a fine not exceeding level eight or imprisonment for a period
not exceeding three years or both.

165 Unauthorised manipulation of proposed computer programme

Any person who fraudulently or mischievously creates, alters or manipulates any data,
programme or system (or any part or portion thereof) which is intended for installation in a
computer shall be guilty of unauthorised manipulation of a proposed computer programme
and liable—
(a) if the crime was committed in any of the aggravating circumstances described in
section one hundred and sixty-six, to a fine not exceeding level twelve or
imprisonment for a period not exceeding ten years or both; or
(b) in any other case, to a fine not exceeding level eight or imprisonment for a period
not exceeding three years or both.

166 Aggravating circumstances in relation to crimes under sections 163, 164

and 165
The crime of unauthorised access to or use of a computer, deliberate introduction of a
computer virus into a computer or computer network, or unauthorised manipulation of a
proposed computer programme is committed in aggravating circumstances if—
(a) committed in connection with or in furtherance of the commission or attempted
commission of the crime of insurgency, banditry, sabotage or terrorism, theft,
unauthorised borrowing or use of property, extortion, fraud, forgery, malicious
damage to property, damaging, destroying or prejudicing the safe operation of an
aircraft, concealing, disguising or enjoying the proceeds of the unlawful dealing in
dangerous drugs, corruptly using a false document or defeating or obstructing the
course of justice; or
(b) the computer, computer network, data, programme or system is owned by the State,
a law enforcement agency, the Defence Forces, the Prisons and Correctional
Service, a statutory corporation or a local or like authority; or
(c) the crime occasions considerable material prejudice to the owner of the computer,
computer network, data, programme or system; or
(d) the crime disrupts or interferes with an essential service.

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167 Unauthorised use or possession of credit or debit cards
Any person who—
(a) without authority, manufactures, copies or uses; or
(b) without reasonable excuse, possesses;
any credit or debit card belonging to another person shall be guilty of unauthorised use or
possession of a credit or debit card and liable to a fine not exceeding level eight or
imprisonment for a period not exceeding three years or both.

168 Unauthorised use of password or pin-number

Any person who without authority intentionally uses any password or pin-number which
belongs to or which has been assigned to another person shall be guilty of unauthorised use of
a password or pin-number and liable to a fine not exceeding level eight or imprisonment for a
period not exceeding three years or both.

CHAPTER IX
BRIBERY AND CORRUPTION

169 Interpretation in Chapter IX

In this Chapter
“agent” means a person employed by or acting for another person in any capacity
whatsoever and, without limiting this definition in any way, includes
(a) a director or secretary of a company;
(b) the trustee of an insolvent estate;
(c) the assignee of an estate that has been assigned for the benefit or with the
consent of creditors;
(d) the liquidator of a company or other body corporate that is being wound up or
dissolved;
(e) the executor of the estate of a deceased person;
(f) the legal representative of a person who is a minor or of unsound mind or who is
otherwise under legal disability;
(g) a public officer;
(h) a member of a board, committee or other authority which is responsible for
administering the affairs or business of a body corporate or association other
than a statutory body or local authority;
(i) a person who voluntarily
(i) manages the affairs or business of another person; or
(ii) takes care of the property of another person;
without the knowledge or consent of that other person;
“consideration” means any right, interest, profit, indemnity, benefit or advantage of any
kind whatsoever;

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 “local authority” means a city, municipality, town council, town board, provincial
council, rural district council or any similar body established by or in terms of any
enactment;
“principal” means the employer or other person for whom an agent acts and, in relation
to
(a) a trustee, assignee, liquidator, executor or legal representative referred to in the
definition of “agent”, includes
(i) all persons represented by the trustee, assignee, liquidator, executor or legal
representative, as the case may be, or in relation to whom he or she stands in
a position of trust; and
(ii) any public officer who is responsible for supervising the activities of the
trustee, assignee, liquidator, executor or legal representative;
(b) a public officer who is a Minister and a member of the Cabinet, includes both
the State and the Cabinet;
(c) a member of a council, board, committee or authority which is responsible for
administering the affairs or business of a statutory body, local authority, body
corporate or association, includes both such council, board, committee or
authority and the statutory body, local authority, body corporate or association
for whose affairs or business it is responsible;
“public officer” means
(a) a Vice-President, Minister or Deputy Minister; or
(b) a Chairperson of a Provincial Council elected in terms of section 272 of the
Constitution; or
(c) a member of a council, board, committee or other authority which is a statutory
body or local authority or which is responsible for administering the affairs or
business of a statutory body or local authority; or
(d) a person holding or acting in a paid office in the service of the State, a statutory
body or a local authority;
“statutory body” means
(a) any Commission established by the Constitution; or
(b) any body corporate established directly by or under an Act for special purposes
specified in that Act.

170 Bribery
(1) Any
(a) agent who obtains or agrees to obtain or solicits or agrees to accept for himself or
herself or any other person any gift or consideration as an inducement or reward
(i) for doing or omitting to do, or having done or omitted to do, any act in
relation to his or her principal’s affairs or business; or

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 (ii) for showing or not showing, or having shown or not shown, any favour or
disfavour to any person or thing in relation to his or her principal’s affairs or
business;
knowing or realising that there is a real risk or possibility that such gift or
consideration is not due to him or her in terms of any agreement or arrangement
between himself or herself and his or her principal;
(b) person who, for himself or herself or any other person, gives or agrees to give or
offers to an agent any gift or consideration as an inducement or reward
(i) for doing or omitting to do, or having done or omitted to do, any act in
relation to his or her principal’s affairs or business; or
(ii) for showing or not showing, or having shown or not shown, any favour or
disfavour to any person or thing in relation to his or her principal’s affairs or
business;
knowing or realising that there is a real risk or possibility that such gift or
consideration is not due to the agent in terms of any agreement or arrangement
between the agent and his or her principal;
shall be guilty of bribery and liable to
A. a fine not exceeding level fourteen or not exceeding three times the
value of any consideration obtained or given in the course of the
crime, whichever is the greater; or
B. imprisonment for a period not exceeding twenty years;
or both.
(2) If it is proved, in any prosecution for bribery, that
(a) an agent has obtained, agreed to obtain or solicited any benefit or advantage,
whether for himself or herself or for another person; or
(b) any person has given, agreed to give or offered any benefit or advantage
(i) to an agent, whether for himself or herself or for another person; or
(ii) to any other person, after agreeing with an agent to do so;
it shall be presumed, unless the contrary is proved, that he or she did so in contravention of
this section.

171 Corruptly using a false document

(1) Any
(a) agent who, in connection with his or her principal’s affairs or business, uses a
document which contains a false statement
(i) knowing that the document contains a false statement or realising that there
is a real risk or possibility that it may do so; and
(ii) intending by the use of the document to deceive his or her principal, or
realising that there is a real risk or possibility that his or her use of the
document may deceive his or her principal;
(b) person who gives an agent a document which contains a false statement

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 (i) knowing that the document contains a false statement or realising that there
is a real risk or possibility that it may do so; and
(ii) intending to deceive the agent or the agent’s principal or realising that there
is a real risk or possibility that by his or her use of the document the agent or
the agent’s principal may be deceived;
shall be guilty of corruptly using a false document and liable to a fine up to or exceeding level
fourteen or imprisonment for a period not exceeding twenty years or both.
(2) For the purposes of paragraph (b) of subsection (1), where a person gives an agent a
false document, intending to deceive the agent or the agent’s principal in the conduct of his or
her principal’s affairs or business or realising that there is a real risk or possibility that the
agent or the agent’s principal may be so deceived, the person shall be presumed, unless the
contrary is proved, to intend to deceive the agent’s principal as well as the agent, or to realise
that there is a real risk or possibility that the agent’s principal as well as the agent may be
deceived, as the case may be.

172 Corruptly concealing a transaction from a principal

(1) Any
(a) agent who, having carried out any transaction in connection with his or her
principal’s affairs or business, fails to disclose to the principal the full nature of the
transaction
(i) intending to deceive the principal or realising that there is a real risk or
possibility that the principal may be deceived; or
(ii) intending to obtain a consideration knowing or realising that there is a real
risk or possibility that such consideration is not due to him or her in terms of
any agreement or arrangement between himself or herself and the principal;
or
(b) person who
(i) carries out any transaction with an agent in connection with the affairs or
business of the agent’s principal; or
(ii) assists an agent to carry out any such transaction;
knowing that the agent does not intend to disclose to the principal the full nature of
the transaction;
shall be guilty of corruptly concealing a transaction from a principal and liable to a fine up to
or exceeding level fourteen or imprisonment for a period not exceeding twenty years or both.
(2) Where an agent agrees or arranges with another person or a person agrees or arranges
with an agent not to disclose to the agent’s principal the full nature of any transaction which
the agent has carried out or will carry out in connection with the principal’s affairs or
business, and the agent or person so agreed or arranged
(a) intending to deceive the principal or realising that there is a real risk or possibility
that the principal may be deceived; or

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 (b) intending that the agent should obtain a consideration knowing or realising that there
is a real risk or possibility that such consideration is not due to the agent in terms of
any agreement or arrangement between the agent and the principal;
the competent charge shall be conspiracy to commit the crime of corruptly concealing a
transaction from a principal.
(3) If it is proved, in any prosecution for corruptly concealing a transaction from a
principal, that
(a) an agent
(i) agreed or arranged with another person that the full nature of any transaction
should not be disclosed to the agent’s principal; or
(ii) failed to disclose to his or her principal the full nature of any transaction;
the agent shall be presumed, unless the contrary is proved, to have done so intending
to deceive the principal, or to obtain a consideration for himself or herself knowing
or realising that there is a real risk or possibility that such consideration is not due to
him or her in terms of any agreement or arrangement between himself or herself and
the principal, as the case may be;
(b) any person agreed or arranged with an agent that the full nature of any transaction
should not be disclosed to the agent’s principal, that person shall be presumed,
unless the contrary is proved, to have done so intending to deceive the agent’s
principal;
(c) any person carried out a transaction with an agent or assisted an agent to carry out a
transaction the full nature of which was not disclosed to the agent’s principal, that
person shall be presumed, unless the contrary is proved, to have known that the
agent did not intend to disclose to the principal the full nature of the transaction.

173 Corruptly concealing from a principal a personal interest in a transaction

(1) Any
(a) agent who carries out any transaction in connection with his or her principal’s affairs
or business without disclosing to the principal that he or she holds a personal interest
in the subject-matter of the transaction
(i) intending to deceive the principal or realising that there is a real risk or
possibility that the principal may be deceived; or
(ii) intending to obtain a consideration knowing or realising that there is a real
risk or possibility that such consideration is not due to him or her in terms of
any agreement or arrangement between himself or herself and the principal;
or
(b) person who
(i) carries out any transaction with an agent in connection with the affairs or
business of the agent’s principal; or
(ii) assists an agent to carry out any such transaction;
knowing that the agent does not intend to disclose to the principal a personal interest
which he or she or the agent holds in the subject-matter of the transaction;

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shall be guilty of corruptly concealing from a principal a personal interest in a transaction and
liable to a fine up to or exceeding level fourteen or imprisonment for a period not exceeding
twenty years or both.
(2) Where an agent agrees or arranges with another person or a person agrees or arranges
with the agent not to disclose to the agent’s principal any personal interest held by the agent
in the subject-matter of any transaction which the agent has carried out or will carry out in
connection with the principal’s affairs or business, and the agent or person so agreed or
arranged
(a) intending to deceive the principal or realising that there is a real risk or possibility
that the principal may be deceived; or
(b) intending that the agent should obtain a consideration knowing or realising that there
is a real risk or possibility that such consideration is not due to the agent in terms of
any agreement or arrangement between the agent and the principal;
the competent charge shall be conspiracy to commit the crime of corruptly concealing from a
principal a personal interest in a transaction.
(3) If it is proved, in any prosecution for the crime of corruptly concealing from a
principal a personal interest in a transaction, that
(a) an agent
(i) agreed or arranged with another person that a personal interest held by the
agent in the subject-matter of any transaction should not be disclosed to the
agent’s principal;
(ii) failed to disclose to his or her principal a personal interest held by him or her
in the subject-matter of any transaction;
the agent shall be presumed, unless the contrary is proved, to have done so intending
to deceive the principal or to obtain a consideration for himself or herself knowing
or realising that there is a real risk or possibility that such consideration is not due to
him or her in terms of any agreement or arrangement between himself or herself and
the principal, as the case may be;
(b) any person agreed or arranged with an agent that a personal interest held by the
agent in the subject-matter of any transaction should not be disclosed to the agent’s
principal, that person shall be presumed, unless the contrary is proved, to have done
so intending to deceive the agent’s principal;
(c) any person carried out a transaction with an agent or assisted an agent to carry out a
transaction in the subject-matter of which the agent had a personal interest which
was not disclosed to the agent’s principal, that person shall be presumed, unless the
contrary is proved, to have known of the personal interest and that the agent did not
intend to disclose to the principal the personal interest held by him or her in the
subject-matter of the transaction.

174 Criminal abuse of duty as public officer

(1) If a public officer, in the exercise of his or her functions as such, intentionally
(a) does anything that is contrary to or inconsistent with his or her duty as a public
officer; or

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 (b) omits to do anything which it is his or her duty as a public officer to do;
for the purpose of showing favour or disfavour to any person, he or she shall be guilty of
criminal abuse of duty as a public officer and liable to a fine not exceeding level thirteen or
imprisonment for period not exceeding fifteen years or both.
(2) If it is proved, in any prosecution for criminal abuse of duty as a public officer that a
public officer, in breach of his or her duty as such, did or omitted to do anything to the favour
or prejudice of any person, it shall be presumed, unless the contrary is proved, that he or she
did or omitted to do the thing for the purpose of showing favour or disfavour, as the case may
be, to that person.
(3) For the avoidance of doubt it is declared that the crime of criminal abuse of duty as a
public officer is not committed by a public officer who does or omits to do anything in the
exercise of his or her functions as such for the purpose of favouring any person on the
grounds of race or gender, if the act or omission arises from the implementation by the public
officer of any Government policy aimed at the advancement of persons who have been
historically disadvantaged by discriminatory laws or practices.

CHAPTER X
CRIMES AGAINST LAW ENFORCEMENT AND PUBLIC ADMINISTRATION

175 Interpretation in Chapter X

In this Chapter
“advantage” means any right, interest, profit, indemnity or advantage of any kind
whatsoever which benefits a person, whether lawfully or otherwise, or which the
person believes will so benefit him or her;
“corporate body of a public character” means a body corporate
(a) established directly by or under any enactment for special purposes specified in
that enactment; or
(b) wholly owned or controlled by the State that discharges statutory functions,
including functions specified by or under a licence or other like authority issued in
terms of an enactment;
“peace officer” includes—
(a) any magistrate or justice of the peace;
(b) the Sheriff or any deputy sheriff;
(c) any police officer;
(d) any prison officer;
(e) any immigration officer;
(f) any inspector of mines;
(g) any—
(i) chief, within his or her community; or

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 (ii) headman, chief’s messenger or headman’s messenger, within the
community of his or her chief, as defined in the Traditional Leaders
Act [Chapter 29:17];
(h) any other person designated by the Minister by notice in a statutory instrument;
“public authority” means a peace officer, public official, corporate body of a public
character or any agency of the State;
“public official” means
(a) a person who
(i) holds public office; or
(ii) is appointed to perform a public duty;
or
(b) any employee or agent of the State or a corporate body of a public character,
who is appointed as an inspector or in any other capacity to enforce the
provisions of any enactment.

176 Assaulting or resisting peace officer

Any person who assaults or by violent means resists a peace officer acting in the course
of his or her duty, knowing that he or she is a peace officer or realising that there is a risk or
possibility that he or she is a peace officer, shall be guilty of assaulting or resisting a peace
officer and liable to a fine not exceeding level twelve or imprisonment for a period not
exceeding ten years or both.

177 Undermining of police authority

Any person who
(a) in a public place and in the presence of
(i) a police officer who is present on duty; or
(ii) a police officer who is off duty, knowing that he or she is a police
officer or realising that there is a risk or possibility that he or she is a
police officer;
makes any statement that is false in a material particular or does any act or thing
whatsoever;
or
(b) in a public place and whether or not in the presence of a police officer referred to in
subparagraph (i) or (ii) of paragraph (a), makes any statement that is false in a
material particular or does any act or thing whatsoever;
with the intention or realising that there is a risk or possibility of engendering feelings of
hostility towards such officer or the Police Force or exposing such officer or the Police Force
to contempt, ridicule or disesteem, shall be guilty of undermining police authority and liable
to a fine not exceeding level seven or imprisonment for a period not exceeding two years or
both.

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178 Obstruction of public official
(1) Any person who by physical interference obstructs a public official acting in the
lawful execution of his or her duty shall be guilty of obstructing a public official and liable to
a fine not exceeding level five or imprisonment for a period not exceeding six months or both.
(2) A person accused of obstructing a police officer investigating the commission of a
crime shall be charged with the crime of defeating or obstructing the course of justice and not
obstructing a public official.
(3) Where a person is accused of obstructing a public official acting under an enactment
which makes such obstruction a crime, such person shall be charged under that enactment and
not under subsection (1).

179 Impersonating police officer, peace officer or public official

(1) Any person who, for the purpose of obtaining any advantage, whether for himself or
herself or for some other person, impersonates a police officer, peace officer or public official
shall be guilty of impersonating a police officer, peace officer or public official, as the case
may be, and liable
(a) in a case where the accused impersonated a peace officer or police officer, to a fine
not exceeding level ten or imprisonment for a period not exceeding five years or
both;
(b) in any other case, to a fine not exceeding level six or imprisonment for a period not
exceeding one year or both.
(2) Where a person is accused of impersonating a police officer, peace officer or public
official acting under an enactment which makes such impersonation a crime, such person
shall be charged under that enactment and not under subsection (1).

180 Deliberately supplying false information to public authority

(1) Any person who, for the purpose of obtaining any advantage, whether for himself or
herself or for some other person, supplies any information verbally or in writing to a public
authority
(a) knowing that the information is false; or
(b) realising that there is a real risk or possibility that it may be false;
shall be guilty of deliberately supplying false information to a public authority and liable to a
fine not exceeding level five or imprisonment for a period not exceeding six months or both.
(2) Where a person is accused of deliberately supplying false information to a public
authority in connection with an enactment which makes such conduct a crime, such person
shall be charged under that enactment and not under subsection (1).
(3) A person referred to in subsection (1) may be charged concurrently or alternatively
with the crime of fraud.

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 CHAPTER XI
CRIMES AGAINST THE ADMINISTRATION OF JUSTICE

181 Interpretation in Chapter XI

In this Chapter
“court” means
(a) the Supreme Court; or
(b) the High Court; or
(c) the Administrative Court; or
(d) the Labour Court established in terms of section 83 of the Labour Act [Chapter
28:01];
(e) the Fiscal Appeal Court established in terms of section 3 of the Fiscal Appeal
Court Act [Chapter 23:05]; or
(f) the Special Court for Income Tax Appeals established in terms of section 53 of
the Income Tax Act [Chapter 23:06]; or
(g) the Intellectual Property Tribunal established in terms of section 3 of the
Intellectual Property Tribunal Act [Chapter 26:08];
(h) a magistrates court established in terms of the Magistrates Court Act [Chapter
7:10]; or
(i) a local court established in terms of the Customary Law and Local Courts Act
[Chapter 7:05]; or
(j) any other court or tribunal, which is established by or in terms of any enactment
and which exercises judicial or quasi-judicial functions;
“escaped person” means a person referred to in paragraph (a) or (b) of subsection (1) of
section one hundred and eighty-five who has escaped from lawful custody in
contravention of that section;
“judicial proceedings” means proceedings of a court, whatever the nature of such
proceedings;
“oath” means
(a) an oath lawfully sworn by a person in the course of or for the purpose of judicial
proceedings; or
(b) an affirmation lawfully made by a person in lieu of an oath in the course of or
for the purpose of judicial proceedings; or
(c) an admonition lawfully administered to a person in lieu of an oath in the course
of or for the purpose of judicial proceedings;
“officer of court” means any person who performs official duties in any court or in
connection with judicial proceedings, and includes a legal practitioner acting in the
course of such duties, but does not include a person whose duties extend only to
appearing in court as a witness;

107
 “prison” has the meaning given to that term in section 2 of the Prisons Act [Chapter
7:11];
“reward” means any right, interest, profit, indemnity, benefit or advantage of any kind
whatsoever which is not due to the person who receives it.

182 Contempt of court

(1) Any person who, by any act or omission, impairs the dignity, reputation or authority
of a court
(a) intending to do so; or
(b) realising that there is a real risk or possibility that his or her act or omission may
have such an effect;
shall be guilty of contempt of court and liable to a fine not exceeding level six or
imprisonment for a period not exceeding one year or both.
(2) Without limiting subsection (1), a person may impair the dignity, reputation or
authority of a court by doing any of the following acts
(a) having been properly summoned as a party or witness in any judicial proceedings to
attend any court for the purpose of giving evidence or producing any document or
thing before the court 
(i) intentionally or through negligence failing to attend the court in accordance
with the summons; or
(ii) and having attended the court, refusing to give evidence or to produce the
document or thing, as the case may be; or
(iii) refusing as a witness to answer any question put to him or her which he or
she is lawfully required to answer;
(b) obstructing, interrupting or disturbing judicial proceedings;
(c) misbehaviour in court;
(d) insulting a judicial officer or officer of court in the course of judicial proceedings;
(e) knowingly contravening or failing to comply with any order of a court which is
given during or in respect of judicial proceedings and with which it is his or her duty
to comply;
(f) by words, conduct or demeanour pretending to be an officer of the court;
(g) issuing or publishing to any other person a document that purports to be issued by or
emanate from a court, knowing that the document is not issued by or does not
emanate from the court concerned;
(h) publishing evidence that has been given in camera or which the court has ordered
should not be published.
(3) It shall be a defence to a charge of contempt of court in the circumstances mentioned
in paragraphs (d) of subsection (2) that the person charged was criticising, fairly, temperately
and without malice, the administration of justice, the conduct of a judicial officer, or any
decision or proceedings of a court.

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183 Perjury
(1) Any person who, in the course of or for the purpose of judicial proceedings, makes a
false statement upon oath, whether the statement is written or oral
(a) knowing that the statement is false; or
(b) realising that there is a real risk or possibility that it may be false;
shall be guilty of perjury and liable to a fine not exceeding level ten or imprisonment for a
period not exceeding five years or both.
(2) For the purpose of subsection (1)
(a) a statement may be false by reason of the omission of facts as well as by the
assertion of untrue or incorrect facts;
(b) it shall be immaterial that
(i) the judicial proceedings concerned are held or will be held before a court that
is not properly constituted or that lacks jurisdiction to entertain the
proceedings; or
(ii) the person who makes the false statement is not a competent witness in the
judicial proceedings concerned; or
(iii) the statement is irrelevant to or inadmissible as evidence in the judicial
proceedings concerned.
(3) Where a person who makes a statement upon oath and thereafter, upon the same or
another oath, makes another statement which is in substantial conflict with the first statement,
it shall be presumed, in any proceedings for perjury in respect of the statements, that
(a) the person made a false statement, whether or not either statement has actually been
proved to have been false; and
(b) the person knew the falsity thereof;
unless the person proves that when he or she made each statement he or she genuinely
believed that it was true.

184 Defeating or obstructing the course of justice

(1) Any person who
(a) by any act or omission, causes judicial proceedings to be defeated or obstructed,
intending to defeat or obstruct the proceedings or realising that there is a real risk or
possibility that the proceedings may be defeated or obstructed; or
(b) by any act or omission intentionally hinders or obstructs another person whom he or
she knows to be an officer of court in the performance of his or her duties as such;
or
(c) makes any statement, whether written or oral, in connection with any case which is
pending before a court, intending the statement to prejudice the trial of the case, or
realising that there is a real risk or possibility that the trial of the case may be
prejudiced by the statement; or
(d) in the course of or for the purposes of judicial proceedings makes a false statement
otherwise than upon oath, whether the statement is written or oral, knowing that the

109
 statement is false or realising that there is a real risk or possibility that the statement
may be false; or
(e) knowing that a police officer is investigating the commission of a crime, or realising
that there is a real risk or possibility that a police officer may be investigating the
commission or suspected commission of a crime, and who, by any act or omission,
causes such investigation to be defeated or obstructed, intending to defeat or
obstruct the investigation or realising that there is a real risk or possibility that the
investigation may be defeated or obstructed; or
(f) makes a statement to a police officer falsely alleging that a crime has been
committed or may have been committed, knowing that the allegation is false or
realising that there is a real risk or possibility that it may be false; or
(g) resists, hinders or disturbs a police officer in the execution of his or her duty,
knowing that the police officer is a police officer executing his or her duty or
realising that there is a real risk or possibility that the police officer may be a police
officer executing his or her duty; or
(h) intentionally agrees with another person that, in return for a reward, he or she will
not report to a police officer the commission of a crime;
shall be guilty of defeating or obstructing the course of justice and liable in a case referred to
in
(i) paragraph (a), (d) or (e) to a fine not exceeding level ten or imprisonment for
a period not exceeding five years or both;
(ii) paragraph (f) or (g) to a fine not exceeding level seven or imprisonment for a
period not exceeding two years or both;
(iii) paragraph (b), (c) or (h) to a fine not exceeding level six or imprisonment for
a period not exceeding one year or both.
(2) For the purposes of subsection (1), and without limiting that provision in any way
(a) judicial proceedings are defeated when an innocent person is convicted or a guilty
person escapes conviction or a plaintiff or applicant unjustly succeeds or a defendant
or respondent unjustly fails to succeed;
(b) judicial proceedings or the investigation of any crime are obstructed when the
judicial proceedings or investigations are impeded or interfered with in any way.
(3) Subsections (2) and (3) of section one hundred and eighty-three shall apply in
relation to a false statement referred to in paragraph (d) of subsection (1) as they apply to a
person who makes a statement upon oath.
(4) If a person who has committed or is suspected of having committed a crime refuses
to make a statement or point out anything to a police officer, that refusal shall not constitute
the crime of defeating or obstructing the course of justice.

185 Escaping from lawful custody

(1) Any person who, having been lawfully arrested and held in lawful custody and
(a) not having yet been lodged in any prison; or
(b) lodged in any prison;

110
escapes or attempts to escape from such custody, shall be guilty of escaping from lawful
custody and liable
(i) if the crime was committed in any of the aggravating circumstances
described in subsection (4)
A. to a fine not exceeding level eleven or imprisonment for a period not
exceeding seven years or both, where the person had not yet been
lodged in any prison; or
B. to imprisonment for a period not exceeding ten years where the person
had been lodged in any prison;
or
(ii) in any other case
A. to a fine not exceeding level ten or imprisonment for a period not
exceeding five years or both, where the person had not yet been lodged
in any prison; or
B. to imprisonment for a period not exceeding seven years, where the
person had been lodged in any prison.
(2) Any person charged as an accomplice to the crime of escaping from lawful custody,
in that he or she secured the escape from lawful custody of a person referred to in paragraph
(a) or (b) of subsection (1), or otherwise aided such person in escaping or attempting to
escape from lawful custody, shall be liable
(a) if he or she secured or otherwise assisted in the escape from lawful custody of a
person referred to in paragraph (a) of subsection (1)
(i) to a fine not exceeding level eleven or imprisonment for a period not
exceeding seven years or both, if the crime was committed in any of the
aggravating circumstances described in subsection (4); or
(ii) to a fine not exceeding level ten or imprisonment for a period not exceeding
five years or both, in any other case;
(b) if he or she secured or otherwise assisted in the escape from lawful custody of a
person referred to in paragraph (b) of subsection (1)
(i) to imprisonment for a period not exceeding ten years, if the crime was
committed in any of the aggravating circumstances described in subsection
(4); or
(ii) to imprisonment for a period not exceeding seven years, in any other case.
(3) Any person charged as an accessory to the crime of escaping from lawful custody, in
that he or she employed, or harboured or concealed or assisted in harbouring or concealing an
escaped person knowing him or her to have escaped, shall be liable if convicted to a fine not
exceeding level six or imprisonment for a period not exceeding one year or both.
(4) It shall be an aggravating circumstance if any weapon or violence was used by a
person charged with escaping from lawful custody.
(5) If, in any prosecution in terms of subsection (2), the accused conveyed any thing
which may facilitate the escape of a person from lawful custody

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 (a) to the person held in lawful custody; or
(b) into a conveyance, prison, hospital or other place whatsoever where or in which the
person held in lawful custody may be, or outside such conveyance, prison, hospital
or other place whatsoever in which such person may be so that it may come into his
or her possession or use;
it shall be presumed unless the contrary is proved that he or she did so in the course of
securing the escape from lawful custody of the person so held.
(6) A person referred to in paragraph (b) of subsection (1) who escapes or attempts to
escape from lawful custody may be charged alternatively or concurrently in terms of section
90 of the Prisons Act [Chapter 7:11].

CHAPTER XII
UNFINALISED CRIMES : THREATS, INCITEMENT, CONSPIRACY AND ATTEMPT

186 Threats
(1) Any person who by words, writing or conduct threatens to commit a crime referred to
in subsection (3) against another person, thereby inspiring in the person to whom he or she
communicates the threat a reasonable fear or belief that he or she will commit the crime, shall
be guilty of threatening to commit the crime concerned if
(a) he or she intended to commit the crime concerned or to inspire in the person to
whom he or she communicated the threat a reasonable fear or belief that he or she
would commit the crime concerned; or
(b) he or she realised that there was a real risk or possibility of inspiring in the person to
whom he or she communicated the threat a reasonable fear or belief that he or she
would commit the crime concerned;
and be liable to a fine not exceeding level five or imprisonment for a period not exceeding six
months or both.
(2) Subsection (1) shall apply whether the person who is the subject of the threat is the
person to whom the threat is communicated or is some other person.
(3) For the purposes of subsection (1), a charge of threatening to commit a crime shall
only be competent where the crime concerned is murder, rape, aggravated indecent assault,
indecent assault, kidnapping or unlawful detention, indicating witches and wizards, theft,
robbery, unlawful entry into premises, malicious damage to property, or hijacking.

187 Incitement
(1) Any person who, in any manner, communicates with another person
(a) intending by the communication to persuade or induce the other person to commit a
crime, whether in terms of this Code or any other enactment; or
(b) realising that there is a real risk or possibility that the other person may be persuaded
or induced by the communication to commit a crime, whether in terms of this Code
or any other enactment;
shall be guilty of incitement to commit the crime concerned.

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 (2) It shall be immaterial to a charge of incitement that
(a) the person who was incited was unresponsive to the incitement and had no intention
of acting on the incitement; or
(b) the person who was incited did not know that what he or she was being incited to do
or omit to do constituted a crime.

188 Conspiracy
(1) Any person who enters into an agreement with one or more other persons for the
commission of a crime, whether in terms of this Code or any other enactment
(a) intending by the agreement to bring about the commission of the crime; or
(b) realising that there is a real risk or possibility that the agreement may bring about the
commission of the crime;
shall be guilty of conspiracy to commit the crime concerned.
(2) For an agreement to constitute a conspiracy
(a) it shall not be necessary for the parties
(i) to agree upon the time, manner and circumstances in which the crime which
is the subject of the conspiracy is to be committed; or
(ii) to know the identity of every other party to the conspiracy;
(b) it shall be immaterial that
(i) the crime which is the subject of the conspiracy is to be committed by one,
both or all of the parties to the agreement; or
(ii) one or more of the parties to the conspiracy, other than the accused, did not
know that the subject-matter of the agreement was the commission of a
crime.

189 Attempt
(1) Subject to subsection (1), any person who
(a) intending to commit a crime, whether in terms of this Code or any other enactment;
or
(b) realising that there is a real risk or possibility that a crime, whether in terms of this
Code or any other enactment, may be committed;
does or omits to do anything in preparation for or in furtherance of the commission of the
crime, shall be guilty of attempting to commit the crime concerned.
(2) A person shall not be guilty of attempting to commit a crime if he or she changes his
or her mind and voluntarily desists from proceeding further with the crime before he or she
has taken any substantial step towards its commission.

190 Mistake of fact in relation to unfinalised crimes

It shall not be a defence to a charge of threatening, incitement, conspiracy or attempting
to commit a crime that the accused believed, due to a mistake of fact, that it was physically

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possible to commit the crime which was the subject of the threat, incitement, conspiracy or
attempt, whereas in fact its commission was physically impossible.

191 Extra- territorial incitement or conspiracy

(1) If a person who is
(a) in Zimbabwe incites or conspires with another person who is outside Zimbabwe to
commit a crime in Zimbabwe; or
(b) outside Zimbabwe incites or conspires with another person who is in Zimbabwe to
commit a crime in Zimbabwe;
the first-mentioned person or the other person mentioned in paragraph (a) or (b) or both may
be charged in Zimbabwe with incitement or conspiracy to commit the crime concerned, as the
case may be.
(2) If a person who is outside Zimbabwe incites or conspires with another person outside
Zimbabwe to commit a crime in Zimbabwe, the first-mentioned person or the other person or
both may be charged with incitement or conspiracy to commit the crime concerned, as the
case may be, if, as a result of the incitement or conspiracy, either or both persons enter
Zimbabwe in order to commit the crime.

192 Punishment for incitement, conspiracy or attempt

Subject to this Code and any other enactment, a person who is convicted of incitement,
conspiracy or attempting to commit a crime shall be liable to the same punishment to which
he or she would have been liable had he or she actually committed the crime concerned.

193 Presumptions, jurisdiction, powers and defences applicable to crimes

applicable also to unfinalised crimes
(1) Subject to this Chapter any
(a) presumption that applies; or
(b) jurisdiction that may be exercised; or
(c) award or order that may be made; or
(d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;
or
(e) power to take a deposit by way of a penalty that may be exercised;
in relation to any crime or suspected crime in terms of this Code or any other enactment, shall
be applicable or capable of being exercised or made, as the case may be, in relation to a
threat, incitement, conspiracy or attempt to commit the crime or suspected crime concerned.
(2) A person charged with threatening, incitement, conspiracy or attempting to commit a
crime may raise or rely on any defence which he or she could have raised and relied on if he
or she had been charged with committing the crime itself, to the extent that the defence relates
to or is based on any fact or circumstance which is an essential element of both the crime and,
as the case may be, the threat, incitement, conspiracy or attempt:
Provided that a person charged with incitement, conspiracy or attempting to commit a
particular crime shall be guilty of incitement, conspiracy or attempting to commit a lesser

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crime where he or she is entitled to rely on a partial defence which would render a person
charged with committing that particular crime guilty of the lesser crime.

194 Treason and any other crimes constituted by incitement, conspiracy or

attempt
This Chapter shall not affect the liability of a person to be convicted of the crime of
treason or any other crime which is committed through incitement, conspiracy, any unlawful
agreement, or an attempt, or of which incitement, conspiracy, any unlawful agreement or an
attempt is an element.

CHAPTER XIII
PARTICIPATION OR ASSISTANCE IN THE COMMISSION OF CRIMES

PART I
PARTICIPATION OR ASSISTANCE BEFORE OR DURING COMMISSION OF CRIMES: CO-
PERPETRATORS AND ACCOMPLICES

195 Interpretation in Part I of Chapter XIII

In this Part
“accomplice” means a person, other than an actual perpetrator of a crime
(a) who incites or conspires with an actual perpetrator to commit a crime, with the
result that a crime is subsequently committed; or
(c) who
(i) knowing that an actual perpetrator intends to commit a crime; or
(ii) realising that there is a real risk or possibility that an actual perpetrator
intends to commit a crime;
renders to the actual perpetrator any form of assistance which enables, assists or
encourages the actual perpetrator to commit the crime;
“actual perpetrator”, in relation to a crime, means a person who, with the requisite state
of mind actually does, completes or omits to do anything the doing, completion or
omission of which constitutes that crime;
“co-perpetrator” means a person referred to in subsection (1) of section one hundred and
ninety-six;
“principal” means a person referred to in section 195A.

196 Liability of principals

(1) Subject to this Part, where a person having authority, whether lawful or otherwise, over an
actual perpetrator authorises the actual perpetrator to commit a crime 
(a) knowing that the actual perpetrator intends to commit the crime; or
(b) realising that there is a real risk or possibility that an actual perpetrator intends commit a
crime;

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and the person so authorising is not present with the actual perpetrator during the commission
of the crime, the conduct of the actual perpetrator shall be deemed also to be the conduct of
that person (hereafter in this Part referred to as "the principal").
(2) Subject to sections 196B and 200, the liability of a principal shall not differ in any respect
from the liability of the actual perpetrator, unless the principal satisfies the court that there are
special circumstances peculiar to him or her or to the case (which circumstances shall be
recorded by the court) why the same penalty as that imposed on the actual perpetrator should
not be imposed on him or her:
(3) Where the actual perpetrator of a crime authorised by a principal is entitled to rely upon a
defence referred to Part V or VI of Chapter XIV or any other defence which excuses the
actual perpetrator from liability or reduces his or her liability for the crime concerned 
(a) the principal shall be liable as if he or she is the actual perpetrator; and
(b) the principal shall not be entitled to rely upon that defence unless he or she would be
entitled to rely upon it if he or she were charged as an actual perpetrator of the crime
concerned.
(4) A person charged with being the principal of a crime may be found guilty as a co-
perpetrator of the crime or of assisting the actual perpetrator of the crime as an accomplice or
accessory if such are the facts proved.

196A Liability of co-perpetrators

(1) If two or more persons are accused of committing a crime in association with each other
and the State adduces evidence to show that each of them had the requisite mens rea to
commit the crime, whether by virtue of having the intention to commit it or the knowledge
that it would be committed, or the realisation of a real risk or possibility that a crime of the
kind in question would be committed, then they may be convicted as co-perpetrators, in
which event the conduct of the actual perpetrator (even if none of them is identified as the
actual perpetrator) shall be deemed also to be the conduct of every co-perpetrator, whether or
not the conduct of the co-perpetrator contributed directly in any way to the commission of the
crime by the actual perpetrator.
(2) The following shall be indicative (but not, in themselves, necessarily decisive) factors
tending to prove that two or more persons accused of committing a crime in association with
each other together had the requisite mens rea to commit the crime, namely, if they-
(a) were present at or in the immediate vicinity of the scene of the crime in circumstances
which implicate them directly or indirectly in the commission of that crime; or
(b) were associated together in any conduct that is preparatory to the conduct which resulted
in the crime for which they are charged; or
(c) engaged in any criminal behaviour as a team or group prior to the conduct which resulted
in the crime for which they are charged.
(3) A person charged with being a co-perpetrator of crime may be found guilty of assisting
the actual perpetrator of the crime as an accomplice or accessory if such are the facts proved.

196B Principals and co-perpetrators convicted of murder

For the avoidance of doubt it is declared that in sentencing a principal or two or more co-
perpetrators for murder a court shall not impose a death sentence except where the murder is
committed in aggravating circumstances as provided in section 47(3) and (4), and in any
event must not impose the death sentence upon a principal, perpetrator or co-perpetrator
who
(a) was less than twenty-one years old when the offence was committed; or

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(b) is more than seventy years old; or
(c) is a woman.

197 Liability of accomplices

(1) Subject to this Part, an accomplice shall be guilty of the same crime as that
committed by the actual perpetrator whom the accomplice incited, conspired with or
authorised or to whom the accomplice rendered assistance.
(2) For the avoidance of doubt it is declared that an accomplice to the commission of a
crime is liable to be charged and convicted even where 
(a) the actual perpetrator is produced as a witness on behalf of the prosecution; or
(b) for any reason, it has not been possible to bring the actual perpetrator to trial.

198 Types of assistance to which accomplice liability applies

(1) Without limiting the expression, any of the following forms of assistance, when given
to an actual perpetrator of a crime, shall render the assister an accomplice
(a) supplying the means to commit the crime; or
(b) supplying transport to enable the actual perpetrator to reach the scene of the crime;
or
(c) supplying information to enable the actual perpetrator to locate or identify his or her
victim or to acquire knowledge of the place where the crime is to be committed; or
(d) making premises of which the assister is the owner or occupier available for the
commission of the crime; or
(2) In addition to the forms of assistance mentioned in subsection (1), the following
forms of assistance given to an actual perpetrator of a crime, namely-
(a) holding oneself available to give assistance in the commission of the crime, in the event of
such assistance being required; or
(b) immobilising or incapacitating the victim of the crime to enable the crime to be
corm11itted; or
(c) carrying implements or other things by which or with the aid of which the crime is
committed; or
(d) keeping watch for or guarding against intervention or discovery while the crime is being
committed;
shall render the assister an accomplice unless
(e) the assister is present with actual perpetrator during the commission of the crime; and
(f) the State adduces any evidence that the assister knew or realised that there was a real risk
or possibility that a crime of the kind in question would be committed in which event the
assister shall he liable as a co-perpetrator.

199 Liability of principal or accomplice for further crimes committed by actual

perpetrator
Where an actual perpetrator commits a crime that is different from or additional to the
crime intended by the principal or accomplice when the principal or accomplice incited,
conspired with, authorised or assisted the actual perpetrator, the principal or accomplice shall

117
be guilty of that different or additional crime if, when the principal or accomplice incited,
conspired with, authorised or assisted the actual perpetrator, the principal or accomplice
realised that there was a real risk or possibility that the actual perpetrator might commit the
different or additional crime.

200 Withdrawal from crime by principal, co-perpetrator or accomplice

(1) A person shall not be guilty as a principal, co-perpetrator or accomplice of a crime

committed by an actual perpetrator if, before the crime has been committed, the person
prevents the commission of the crime, whether by having given timely wanting to a police
officer to enable the police officer or other person to prevent its commission, or otherwise:
Provided that the fact that a principal, co-perpetrator or accomplice succeeded in stopping the
crime authorised by him or her or with which he or she was associated does not relieve the
principal or co-perpetrator of liability for an attempt, incitement or conspiracy to commit the
crime.
(2) The fact that a principal, co-perpetrator or accomplice of a crime changes his or her mind
and unsuccessfully took action to prevent the actual perpetrator from committing the crime
shall not relieve the principal or co-perpetrator from liability for the crime.
Provided that a court shall, among other relevant considerations, mitigate the sentence that
may be imposed on the principal, co-perpetrator or accomplice if-
(a) the principal, co-perpetrator or accomplice, before the commission of the crime, took all
possible steps within his
or her power to stop the actual perpetrator from committing the crime: and
(b) in the absence of the circumstances that intervened to frustrate the prevention of the crime,
the steps actually taken would have stopped the crime from being committed: and
(c) the circumstances that intervened to frustrate the prevention of the crime were not
reasonably foreseeable.

201 Accomplice liability for extra- territorial acts and crimes

Where a crime is committed
(a) inside Zimbabwe; or
(b) outside Zimbabwe in the case of a crime constituted by extra-territorial acts or
omissions;
and any person does or omits to do anything outside Zimbabwe which, if done or omitted in
Zimbabwe would render the person an accomplice to that crime, such person may be charged
in Zimbabwe as an accomplice to that crime.

202 Punishment of accomplices

Subject to this Code and any other enactment, a person who is convicted of a crime as an
accomplice shall be liable to the same punishment to which he or she would be liable had he
or she been an actual perpetrator of the crime concerned.

203 Presumptions, jurisdiction, powers and defences applicable to actual

perpetrators applicable also to accomplices
(1) Subject to this Part, any
(a) presumption that applies; or

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 (b) jurisdiction that may be exercised; or
(c) award or order that may be made; or
(d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;
or
(e) power to take a deposit by way of a penalty that may be exercised;
in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or
any other enactment, shall be equally applicable or capable of being exercised or made, as the
case may be, in relation to an accomplice to the commission of the crime or suspected crime
concerned.
(2) Subject to this Code and any other enactment, a person charged as an accomplice
may raise and rely on any defence which he or she could have raised and relied on if he or she
had been charged as an actual perpetrator of the crime concerned, to the extent that the
defence relates to or is based on any fact or circumstance which is an essential element of the
crime as committed by both the actual perpetrator and an accomplice:
Provided that a person charged as an accomplice shall be guilty of being an accomplice to
a lesser crime where he or she is entitled to rely on a partial defence which would render a
person charged with committing that particular crime guilty of the lesser crime.

204 Where accomplice liability is concurrent or does not apply

This Part shall not affect the liability of any person
(a) in terms of section fifty-eight or any other provision of this Code or in terms of any
other enactment relating to participation in crimes; or
(b) to be convicted of the crime of treason or any other crime which is committed
through incitement, conspiracy, authorisation or assistance, or of which incitement,
conspiracy, authorisation or assistance is an element;
(c) to be convicted as an actual perpetrator of the crime of theft or any other continuing
crime.

PART II
ASSISTANCE AFTER COMMISSION OF CRIMES

205 Interpretation in Part II of Chapter XIII

In this Part
“accessory”, in relation to a crime, means a person who renders assistance to the actual
perpetrator of the crime after it has been committed.

206 Assistance after commission of crime

Any person, other than an actual perpetrator of a crime, who
(a) knowing that an actual perpetrator has committed a crime; or
(b) realising that there is a real risk or possibility that an actual perpetrator has
committed a crime;

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renders to the actual perpetrator any assistance which enables the actual perpetrator to conceal
the crime or to evade justice or which in any other way associates the person rendering the
assistance with the crime after it has been committed, shall be guilty of being an accessory to
the crime concerned.

207 Unavailable defences for accessories

(1) A person may be found guilty as an accessory to a crime even if
(a) the person lacks capacity to commit the crime committed by the actual perpetrator;
or
(b) the person is only aware of the fact that the conduct of the actual perpetrator is
unlawful but unaware of the nature of the crime committed by the actual perpetrator
or the manner in which it was committed; or
(c) the actual perpetrator is unaware of any assistance rendered by the person; or
(d) the assistance the person renders does not in fact enable the actual perpetrator to
conceal the crime or to evade justice.
(2) Where a person renders assistance to another person in circumstances which would
make him or her guilty as an accessory to a crime, but for the fact that the person to whom he
or she renders assistance is entitled to rely upon a defence which excuses that other person
from liability or reduces that other person’s liability for the crime concerned
(a) the first-mentioned person shall be guilty as an accessory to a crime as if the person
to whom he or she renders assistance were an actual perpetrator; and
(b) the first-mentioned person shall not be entitled to rely upon that defence unless he or
she would be entitled to rely upon it if he himself or she herself were charged as an
actual perpetrator of the crime concerned.

208 Types of assistance to which accessory liability applies

Without limiting the expression, any of the following forms of assistance, when given to
an actual perpetrator of a crime, shall render a person liable as an accessory to the crime in
terms of this Part
(a) concealing, sheltering or feeding the actual perpetrator to enable the actual
perpetrator to escape apprehension;
(b) driving or providing transport to enable the actual perpetrator to escape
apprehension;
(c) destroying or concealing evidence of the commission of the crime;
(d) giving false information to a police officer or other person in authority concerning
the circumstances of the crime or the whereabouts of the actual perpetrator.

209 Accessory liability for extra-territorial acts and crimes

Where a crime is committed
(a) inside Zimbabwe; or
(b) outside Zimbabwe in the case of a crime constituted by extra-territorial acts or
omissions;

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and any person renders any assistance outside Zimbabwe to the actual perpetrator of the crime
which, if rendered in Zimbabwe, would make the person liable as an accessory to that crime,
such person may be charged in Zimbabwe as an accessory to that crime.

210 Punishment of accessories

A person who is convicted as an accessory to a crime shall be liable to the same
punishment to which he or she would have been liable had he or she been convicted of the
crime committed by the actual perpetrator to whom he or she rendered assistance.

211 Presumptions, jurisdiction and powers applicable to actual perpetrators

applicable also to accessories
(1) Subject to this Part, any
(a) presumption that applies; or
(b) jurisdiction that may that may be exercised; or
(c) award or order that may be made; or
(d) power to enter, inspect, arrest, search, detain, seize or eject that may be exercised;
or
(e) power to take a deposit by way of a penalty that may be exercised;
in relation to the actual perpetrator of any crime or suspected crime in terms of this Code or
any other enactment, shall be equally applicable or capable of being exercised or made, as the
case may be, in relation to an accessory.
(2) Subject to this Code and any other enactment, a person charged as an accessory may
raise and rely on any defence which he or she could have raised and relied on if he or she had
been charged as an actual perpetrator of the crime concerned, to the extent that the defence
relates to or is based on any fact or circumstance which is an essential element of the crime as
committed by both the actual perpetrator and an accessory:
Provided that a person charged as an accessory shall be guilty of being an accessory to a
lesser crime where he or she is entitled to rely on a partial defence which would render a
person charged with committing that particular crime guilty of the lesser crime.

212 Where accessory liability is concurrent or does not apply

This Part shall not affect the liability of any person
(a) in terms of section fifty-eight or any other provision of this Code or in terms of any
other enactment relating to the rendering of assistance to offenders;
(b) to be convicted of the crime of treason or any other crime which is committed
through the rendering of assistance or failure to report the crime, or of which the
rendering of assistance or a failure to report is an element;
(c) to be convicted as an actual perpetrator of the crime of theft or any other continuing
crime.

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 CHAPTER XIV
GENERAL DEFENCES AND MITIGATING FACTORS

PART I
PRELIMINARY

213 Interpretation in Chapter XIV

In this Chapter
“complete defence” means a defence to a criminal charge which completely absolves the
accused from criminal liability;
“partial defence” means a defence to a criminal charge which does not completely
absolve the accused from criminal liability but instead renders the accused liable to
conviction for a lesser crime.

214 Defences and mitigating factors not limited to those mentioned in

Chapter XIV
The defences and mitigating factors which an accused may successfully raise are not
limited to those set out in this Chapter.

215 Defence to one crime not necessarily defence to other crimes

The fact that a person has a complete or partial defence in relation to conduct which is an
essential element of a particular crime shall not prevent that person from being charged with
and convicted of any other crime of which that conduct is not an essential element.

Division A: Defence Relating to Voluntary Conduct

PART II

AUTOMATISM

216 Involuntary conduct

(1) Subject to subsection (3), the fact that the conduct of a person charged with a crime
was not voluntary as required by paragraph (c) of section nine, that is, that the person did or
omitted to do anything that is an essential element of the crime without conscious knowledge
or control, shall be a complete defence to the charge.
(2) Without derogating from the generality of the meaning of “voluntary conduct”, the
following do not constitute voluntary conduct
(a) a reflex movement, spasm or convulsion;
(b) a bodily movement during unconsciousness or sleep;
(c) conduct during hypnosis, or which results from hypnotic suggestion;

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 (d) conduct over which a person has no control, his or her body or part of his or her
body being merely an instrument in the hands of a human or natural agency outside
him or her;
and the expression “involuntary conduct” shall be construed accordingly.
(3) If a situation in which a person’s conduct is involuntary is brought about through the
person’s own fault, a court may regard the conduct as voluntary.
(4) If it is found that the conduct of a person upon which he or she is charged with a
crime was involuntary, and that such involuntary conduct was the result of a mental disorder
or defect as defined in section two hundred and twenty-six, a court shall return a special
verdict in terms of section 29 of the Mental Health Act [Chapter 15:12] (Act No. 15 of 1996).

Division B: Defences and Mitigating Factors Relating to the Mental State

PART III

DIMINISHED RESPONSIBILITY

217 Interpretation in Part III of Chapter XIV

In this Part
“partial mental disorder or defect” means a mental disorder or defect as defined in
section two hundred and twenty-six, the effect of which is not such as to entirely
deprive the person suffering from it of the capacity to appreciate the nature or
lawfulness of his or her conduct or to act in accordance with such an appreciation.

218 Diminished responsibility to operate in mitigation not as defence

(1) If at the time when a crime is committed the capacity of the person committing it
(a) to appreciate the nature of his or her conduct or that his or her conduct was
unlawful; or
(b) to act in accordance with an appreciation of the kind referred to in paragraph
(a);
is diminished on account of acute mental or emotional stress, or a partial mental disorder or
defect, such diminished responsibility shall not be a defence to the crime, but a court
convicting such person shall take it into account when imposing sentence upon him or her for
the crime.
(2) If the acute mental or emotional stress, or partial mental disorder or defect, is brought
about through the person’s own fault, a court may regard such person’s responsibility as not
having been diminished.
(3) Where the capacity of a person to appreciate the nature or lawfulness of his or her
conduct or to act in accordance with such an appreciation is affected by intoxication or
provocation, Part IV or IX, as the case may be, shall apply to such person.
(4) For the avoidance of doubt it is declared that where a mental disorder or defect is
such as to negate rather than diminish the capacity of the person suffering from it to
appreciate the nature or lawfulness of his or her conduct or to act in accordance with such an

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appreciation, the person shall be entitled to a complete defence in terms of section two
hundred and twenty-seven.

PART IV
INTOXICATION

219 Interpretation in Part IV of Chapter XIV

In this Part
“intoxication” means intoxication resulting from the ingestion of any form of alcohol or
drug;
“involuntary intoxication” means intoxication that is not voluntarily self-induced;
“voluntary intoxication” means intoxication which is voluntarily self-induced.

220 When involuntary intoxication a complete defence to crimes

(1) The fact that a person charged with a crime was intoxicated when he or she did or
omitted to do anything that is an essential element of the crime shall be a complete defence to
the charge if
(a) the person was involuntarily intoxicated when he or she did or omitted to do
anything that is an essential element of the crime; and
(b) in relation to a crime of which intention, knowledge or the realisation of a real risk
or possibility is an element, the person was intoxicated to such an extent that he or
she lacked the requisite intention, knowledge or realisation.
(2) For the avoidance of doubt it is declared that involuntary intoxication shall be a
complete defence to any crime of which negligence is an element.

221 Intoxication no defence to crimes committed with requisite state of mind

(1) If a person charged with a crime requiring proof of intention, knowledge or the
realisation of a real risk or possibility
(a) was voluntarily or involuntarily intoxicated when he or she did or omitted to do
anything which is an essential element of the crime; but
(b) the effect of the intoxication was not such that he or she lacked the requisite
intention, knowledge or realisation;
such intoxication shall not be a defence to the crime, but the court may regard it as mitigatory
when assessing the sentence to be imposed.
(2) Where a person is charged with a crime requiring proof of negligence, the fact the
person was voluntarily intoxicated when he or she did or omitted to do anything which is an
essential element of the crime shall not be a defence to any such crime, nor shall the court
regard it as mitigatory when assessing the sentence to be imposed.

222 Voluntary intoxication leading to unlawful conduct

If a person charged with a crime requiring proof of intention, knowledge or the realisation
of a real risk or possibility (hereafter in this section called “the crime originally charged”) and
it is proved that

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 (a) the accused was voluntarily intoxicated when he or she did or omitted to do anything
which is an essential element of the crime originally charged; and
(b) the effect of the intoxication was such that the accused lacked the requisite intention,
knowledge or realisation;
he or she shall be guilty of voluntary intoxication leading to unlawful conduct instead of the
crime originally charged and liable to the same punishment as if
(i) he or she had been found guilty of the crime originally charged; and
(ii) intoxication had been assessed as a mitigatory circumstance in his or her
case.
There is no section 222(2)
26. In section 222 ("Voluntary intoxication leading to unlawful conduct") by the insertion of
the following subsection after subsection (2)-
"(3) If a person, while in a state of voluntary intoxication, is provoked into any criminal
conduct by something which would not have provoked that person had he or she not been
intoxicated, he or she shall be guilty of voluntary intoxication leading to unlawful conduct.''.

223 Intoxication facilitating the commission of crime

(1) Notwithstanding any other provision of this Part, if a person
(a) having formed an intention to commit a crime, becomes voluntarily intoxicated for
the purpose of enabling him or her to commit the crime or facilitating his or her
commission of the crime; and
(b) while so intoxicated, does or omits to do anything which, if done or omitted, as the
case may be, with the requisite intention, would be an essential element of a crime;
the person may be convicted of the crime concerned on the basis of his or her original
intention, in all respects as if he or she had not been intoxicated when he or she did or omitted
to do the thing concerned.
(2) Notwithstanding any other provision of this Code, if a person becomes voluntarily
intoxicated realising that there is real risk or possibility that he or she will, in his or her
intoxicated condition, engage in any conduct for which he or she may be held criminally
liable, he or she may be convicted of the crime constituted by the conduct on the basis of his
or her original realisation, in all respects as if he or she had not been intoxicated when he or
she did or omitted to do the thing concerned.

224 Voluntary intoxication leading to provocation

Repealed

225 Intoxication leading to mental disorder

If a person, as a result of voluntary or involuntary intoxication, suffers from a permanent
or long-lasting disorder or disability of mind, the disorder or disability shall be capable of
constituting a defence of mental disorder in terms of Part IV to a criminal charge arising out
of any conduct on the person’s part whilst he or she is suffering from the disorder or
disability:

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 Provided that a verdict that the person was mentally disordered shall not be returned if the
person's mind was only temporarily disordered or disabled by the effects of alcohol or a drug.

PART V
MENTAL DISORDER

226 Interpretation in Part V of Chapter XIV

In this Part
“mental disorder or defect” means mental illness, arrested or incomplete development of
mind, psychopathic disorder or any other disorder or disability of the mind.

227 Mental disorder at time of commission of crime

(1) The fact that a person charged with a crime was suffering from a mental disorder or
defect when the person did or omitted to do anything which is an essential element of the
crime charged shall be a complete defence to the charge if the mental disorder or defect made
him or her
(a) incapable of appreciating the nature of his or her conduct, or that his or her conduct
was unlawful, or both; or
(b) incapable, notwithstanding that he or she appreciated the nature of his or her
conduct, or that his or her conduct was unlawful, or both, of acting in accordance
with such an appreciation.
(2) For the purposes of subsection (1), the cause and duration of the mental disorder or
defect shall be immaterial.
(3) Subsection (1) shall not apply to a mental disorder or defect which is neither
permanent nor long-lasting, suffered by a person as a result of voluntary intoxication as
defined in section two hundred and nineteen.

228 Mental disorder at time of trial

The fact that a person is mentally disordered or defective at the time of his or her trial on
a criminal charge shall not be a defence to the charge unless he or she was also mentally
disordered or defective at the time he or she did or omitted to do anything that is an essential
element of the crime charged.

229 Application of Cap. 15:12

Nothing in this Part shall affect the operation of the Mental Health Act [Chapter 15:12]
(Act No. 15 of 1996) in relation to
(a) the procedure to be followed when persons being tried are found to be mentally
disordered or defective or any verdict to be returned at any such trial; or
(b) the detention, examination or treatment of persons found to be mentally disordered
or defective.

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 PART VI
MINORITY

230 When child between seven and fourteen years may be held criminally
liable
(1) The presumption referred to in section seven as to the criminal incapacity of a child
between the age of seven and below the age of fourteen years may be rebutted if, at the time
of the commission of the crime for which such child is charged, the child was sufficiently
mature
(a) to understand that his or her conduct was unlawful or morally wrong; and
(b) to be capable of conforming with the requirements of the law.
(2) Subsection (1) shall apply to all crimes, whether or not any form of intention,
knowledge or realisation is required for their commission.
(3) In deciding, for the purposes of subsection (1), whether or not a child was sufficiently
mature to have the understanding and capacity referred to in that subsection, a court shall take
into account the following factors, in addition to any others that are relevant in the particular
case
(a) the nature of the crime with which the child is charged; and
(b) the child’s general maturity and family background; and
(c) the child’s knowledge, education and experience; and
(d) the child’s behaviour before, during and after the conduct which forms the subject of
the charge.
(4) Where a child who is of or over the age of seven years but under the age of fourteen
years does or omits to do anything in the presence of an older person whom in all the
circumstances the child would be expected to obey, it shall be presumed, in any criminal
proceedings arising out of that conduct, that the child was acting under compulsion from that
older person, unless the contrary is proved.
(5) For the purposes of subsection (4), a child shall be deemed to be in the presence of an
older person if the older person is so placed as to be able to control the child’s conduct.

231 Attorney-General to authorise prosecutions of children under fourteen

years
No proceedings in respect of any crime shall be instituted or continued against any person
who is under the age of fourteen years, other than proceedings for the purposes of remand,
without the authority of the Attorney-General.

PART VII
MISTAKE OR IGNORANCE OF FACT

232 Interpretation in Part VII of Chapter XIV

In this Part

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 “essential fact”, in relation to a crime, means any fact or factual circumstance which
relates to an essential element of the crime;
“ignorance”, in relation to a fact, means complete lack of knowledge that the fact exists;
“mistake”, in relation to a fact, means an erroneous impression concerning that fact.

233 When mistake or ignorance of fact a defence to subjective crimes

(1) If a person does or omits to do anything which would be an essential element of a
crime if done or omitted, as the case may be, with any form of intention, knowledge or
realisation, the person shall have a complete defence to a charge of committing that crime if,
when he or she did or omitted to do the thing, he or she was genuinely mistaken or ignorant as
to an essential fact of the crime concerned.
(2) Subject to this Code and any other enactment, mistake or ignorance of an essential
fact may be a defence to a crime referred to in subsection (1) even if it is not reasonable:
Provided that the reasonableness or unreasonableness of any mistake or ignorance may be
taken into account in determining whether or not it is genuine.

234 When mistake or ignorance of fact a defence to objective crimes

If a person does or omits to do anything which would be an essential element of a crime if
done or omitted, as the case may be, negligently, the person shall have a complete defence to
a charge of committing that crime if
(a) when he or she did or omitted to do the thing, he or she was genuinely mistaken or
ignorant as to an essential fact of the crime concerned; and
(b) the person’s mistake or ignorance of that essential fact was reasonable in all the
circumstances.

PART VIII
MISTAKE OR IGNORANCE OF LAW

235 Interpretation in Part VIII of Chapter XIV

In this Part
“ignorance”, in relation to a law, means complete lack of knowledge that the law exists;
“law” means this Code or any other enactment;
“mistake”, in relation to a law, means an erroneous impression as to the nature or
contents of that law.

236 When mistake or ignorance of law a defence

(1) Subject to this Part, if a person
(a) does or omits to do anything which is an essential element of a crime in terms of any
law; and
(b) when he or she did or omitted to do the thing, he or she did not know that his or her
conduct was unlawful because he or she was genuinely mistaken or ignorant as to
the relevant provisions of the law;

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the person shall not have a complete defence to a charge of committing that crime unless the
person’s mistake or ignorance as to the relevant provisions of the law was directly brought
about by advice given to him or her by an administrative or judicial officer whom he or she
had reason to believe was charged with the administration of the law concerned and was
familiar with its contents.
(2) In any circumstances other than those affording a complete defence under subsection
(1), genuine mistake or ignorance as to the relevant provisions of a law on the part of a person
charged with a crime shall merely be a factor to be taken into account in the assessment of
sentence.

237 Claims of right and mistakes of mixed law and fact

If in any criminal case a person charged with any crime against property raises a defence
of claim of right, namely that the person believed he or she had a right to do or omit to do any
thing, the court shall determine whether or not the belief arose from mistake or ignorance of
fact or law and, if the court decides that the belief arose
(a) solely from mistake or ignorance of law, the court shall regard the defence as one of
mistake or ignorance of law in terms of this Part; or
(b) solely from mistake or ignorance of fact, the court shall regard the defence as one of
mistake or ignorance of fact in terms of Part VII; or
(c) partly from mistake or ignorance of law and partly from mistake or ignorance of
fact, the court shall regard the defence as one of mistake or ignorance of law in
terms of this Part.

PART IX
PROVOCATION

238 Provocation in relation to crimes other than murder

Except as provided in section two hundred and thirty-nine and subject to any other
enactment, provocation shall not be a defence to a crime but the court may regard it as
mitigatory when assessing the sentence to be imposed for the crime.

239 Provocation a partial defence to murder

(1) If, after being provoked, a person does or omits to do anything which would be an
essential element of the crime of murder if done or omitted, as the case may be, with the
intention or realisation referred to in section forty-seven, the person shall be guilty of culpable
homicide if, as a result of the provocation
(a) he or she does not have the intention or realisation referred to in section forty-seven;
or
(b) he or she has the intention or realisation referred to in section forty-seven but he or
she has completely lost his or her self-control, the provocation being sufficient to
make a reasonable person in his or her position and circumstances lose his or her
self-control.
(2) For the avoidance of doubt it is declared that if a court finds that a person accused of
murder was provoked but that

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 (a) he or she did have the intention or realisation referred to in section forty-seven; or
(b) the provocation was not sufficient to make a reasonable person in the accused’s
position and circumstances lose his or her self-control;
the accused shall not be entitled to a partial defence in terms of subsection (1) but the court
may regard the provocation as mitigatory as provided in section two hundred and thirty-eight.

Division C: Defences and Mitigating Factors Relating to Unlawfulness

PART X
AUTHORITY

240 Public authority

(1) Subject to this section, the fact that a person is authorised or permitted by an
enactment to do or omit to do any thing shall be a complete defence to a charge alleging the
commission of a crime of which that conduct is an essential element.
(2) Subject to this section, the fact that a person did or omitted to do any thing as a duly
authorised official, employee or agent of the State and in the proper exercise of that authority
shall be a complete defence to a charge alleging the commission of a crime of which that
conduct is an essential element.
(3) A person shall not be entitled to rely on the defence referred to in
(a) subsection (1), unless his or her conduct was in all respects authorised or permitted
by the enactment concerned;
(b) subsection (2), unless it was lawful for the State to give the authority concerned.

241 Discipline of children

(1) In this section
“guardian” means a person, other than a school teacher in his or her capacity as such,
who has the lawful custody, charge or care of a minor person, whether permanently
or temporarily;
“minor”, in relation to a person, means that the person is under the age of eighteen years;
“school” includes an educational institution of any kind;
“school-teacher” means the head or deputy head of a school.
(2) Subject to this section
(a) a parent or guardian shall have authority to administer moderate corporal
punishment for disciplinary purposes upon his or her minor child or ward;
(b) a school-teacher shall have authority to administer moderate corporal punishment
for disciplinary purposes upon any minor male pupil or student;
and, where moderate corporal punishment is administered upon a minor person by a parent,
guardian or school-teacher within the scope of that authority, the authority shall be a complete
defence to a criminal charge alleging the commission of a crime of which the administration
of the punishment is an essential element.

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 (3) Subject to this section, any person who administers moderate corporal punishment
upon a minor person under authority delegated to him or her by a parent, guardian or school-
teacher shall have a complete defence to a criminal charge alleging the commission of a crime
of which the administration of such punishment is an essential element, if it would have been
lawful for the parent, guardian or school-teacher to have administered such punishment
himself or herself.
(4) No school-teacher or person acting under authority delegated to him or her by a
school-teacher shall administer corporal punishment upon a female pupil or student.
(5) When administering corporal punishment upon a minor male pupil or student at his
or her school, a school-teacher shall comply with any lawful rules, regulations or
administrative instructions which apply to the administration of corporal punishment at his or
her school.
(6) In deciding whether or not any corporal punishment administered upon a minor
person is moderate for the purposes of this section, a court shall take into account the
following factors, in addition to any others that are relevant in the particular case
(a) the nature of the punishment and any instrument used to administer it; and
(b) the degree of force with which the punishment was administered; and
(c) the reason for the administration of the punishment; and
(d) the age, physical condition and sex of the minor person upon whom it was
administered; and
(e) any social attitudes towards the discipline of children which are prevalent in the
community among whom the minor person was living when the punishment was
administered upon the minor person.

242 Purported corporal punishment of spouses unlawful

It shall not be lawful for a person to purport to administer corporal punishment upon his
or her spouse, whatever the nature of their marriage and wherever their marriage may have
been contracted.

PART XI
COMPULSION

243 Requirements for compulsion to be complete defence

(1) Subject to this Part, the fact that a person accused of a crime was subjected to
compulsion when the person did or omitted to do anything that is an essential element of the
crime shall be a complete defence to the charge if
(a) the compulsion consisted of a threat
(i) unlawfully to kill him or her or cause him or her serious bodily injury or to
kill or cause serious bodily injury to some other person; or
(ii) unlawfully to cause him or her financial or proprietary loss;
and

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 (b) he or she believed on reasonable grounds that implementation of the threat referred
to in paragraph (a) had begun or was imminent; and
(c) the threat referred to in paragraph (a) was not brought about through his or her own
fault; and
(d) he or she believed on reasonable grounds that he or she could not escape from or
resist the threat referred to in paragraph (a) and that his or her conduct was
necessary to avert the implementation of the threat; and
(e) by his or her conduct he or she did no more harm than was reasonably necessary to
avert the implementation of the threat referred to in paragraph (a), and no more harm
than was unlawfully threatened.
(2) Where a person voluntarily associates himself or herself with one or more other
persons knowing or realising that there is a real risk or possibility that they will involve him
or her in the commission of a crime, any threat made against him or her by one or more of
those other persons for the purpose of inducing him or her to commit a crime shall be
deemed, for the purpose of paragraph (c) of subsection (1), to have been brought about
through his or her own fault.

244 Additional requirements for compulsion to be complete defence to

murder
(1) Subject to subsection (3), the fact that a person accused of murder was subjected to
compulsion when he or she did or omitted to do anything that is an essential element of the
crime shall not be a complete defence to the charge unless the following requirements are
satisfied in addition to those specified in paragraphs (b), (c) and (d) of subsection (1) of
section two hundred and forty-three
(a) the compulsion took the form of a threat unlawfully to kill the accused or some other
person immediately if the accused did not kill or assist in killing the deceased; and
(b) the accused could not escape from or resist the threat referred to in paragraph (a);
and
(c) the accused had no warning of the threat referred to in paragraph (a) to enable him
or her to forestall it, whether by reporting the matter to the police or by other means.
(2) If the requirements referred to or specified in subsection (1) are satisfied, the defence
of compulsion shall be a complete defence to a charge of murder, whether the accused is
charged as an actual perpetrator or as an accomplice.

PART XII
CONSENT

245 Requirements for consent to be complete defence

(1) Subject to this Part, where a person consents to any conduct which is likely to cause
harm to his or her person, proprietary rights or other interests, his or her consent shall be a
complete defence to a charge against any other person alleging the commission of a crime of
which that conduct forms an essential element, if

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 (a) the interests of the community as a whole are not adversely affected by the conduct
to any substantial degree; and
(b) the consent is given prior to the conduct, not as ratification afterwards; and
(c) the person who gives the consent is
(i) capable in law of giving such consent; and
(ii) able to understand the nature and possible consequences of the conduct and
to give informed consent thereto;
and
(d) the consent is real and is not induced by threat, force, fraud or mistake intentionally
or knowingly induced by the person charged with the crime; and
(e) the giving of the consent is not contrary to any law or to public policy.
(2) Where a person is charged with rape, aggravated indecent assault, indecent assault or
any other crime constituted by the absence of consent by another person to any conduct, the
fact that the other person consented to the conduct shall be a complete defence to a charge
alleging the commission of that crime if
(a) the consent is given prior to the conduct, not as ratification afterwards; and
(b) the person who gives the consent is
(i) capable in law of giving such consent; and
(ii) able to understand the nature and possible consequences of the conduct and
to give informed consent thereto;
and
(c) the consent is real and is not induced by threats, force, fraud or mistake intentionally
or knowingly induced by the person charged with the crime.

246 When consent no defence

It shall not be lawful for any person to consent to
(a) being killed; or
(b) subject to this Part, the infliction of serious bodily injury upon himself or herself;
and such consent shall not be a defence to any criminal charge arising out of such killing or
the infliction of such injury.

247 Consent to medical treatment for therapeutic purposes

(1) In this section
“patient” means a person to whom medical treatment is given or upon whom a medical
operation is performed;
“qualified person”, in relation to any medical treatment or operation, means a person
who, by virtue of his or her qualifications or training, is in all the circumstances
qualified to give the medical treatment or perform the medical operation.
(2) Where, in order to cure or alleviate any disease or disability from which a patient
suffers or is likely to suffer, a qualified person gives any medical treatment to or performs any
medical operation upon a patient

133
 (a) with the consent of the patient; or
(b) if the patient is incapable of giving consent, with the consent of the patient’s parent,
guardian, spouse or any other person capable in law of giving consent on behalf of
the patient; or
(c) in the case of a minor to whom section 76 of the Children’s Act [Chapter 5:06]
applies, with authority given in terms of that section;
such consent or authority shall be a complete defence to a charge of murder or assault arising
out of that treatment or operation if
(i) the consent complies with paragraphs (b), (c) and (d) of subsection (1) of
section two hundred and forty-five; and
(ii) the treatment or operation is carried out competently in accordance with
recognised medical procedures.
(3) If a qualified person believes on reasonable grounds that
(a) a patient urgently requires medical treatment or a medical operation to cure or
alleviate any disease or disability from which the patient is suffering or is reasonably
suspected of suffering; and
(b) it is not practicable in the circumstances to obtain the consent or authority required
by or referred to in subsection (2);
he or she may give the treatment or perform the operation, as the case may be, without having
obtained such consent or authority.
(4) The fact that a qualified person gave treatment or performed an operation in terms of
subsection (3) shall be a complete defence to a charge of murder or assault arising out of that
treatment or operation if the treatment or operation is carried out competently in accordance
with recognised medical procedures.

248 Consent to medical treatment for non-therapeutic purposes

(1) In this section
“patient” means a person to whom medical treatment is given or upon whom a medical
operation is performed;
“qualified person”, in relation to any medical treatment or operation, means a person
who, by virtue of his or her qualifications or training, is in all the circumstances
qualified to give the medical treatment or perform the medical operation.
(2) Where a qualified person, with the consent of the patient concerned, gives any
medical treatment to or performs any medical operation upon a patient
(a) otherwise than to cure or alleviate any disease or disability; or
(b) in order to sterilise the patient;
such consent or authority shall be a complete defence to a charge of murder or assault arising
out of that treatment or operation if
(i) the consent complies with paragraphs (b), (c) and (d) of subsection (1) of
section two hundred and forty-five; and

134
 (ii) the treatment or operation is carried out competently in accordance with
recognised medical procedures.

249 Consent to sporting injuries

(1) A person who takes part in any lawful sporting activity shall be deemed to have
consented to undergo the risk of sustaining any injury or destruction or loss of property which
is normally inherent in participation in such sporting activity.
(2) Consent referred to in subsection (1) shall not be a defence to any crime where
(a) the accused inflicted the injury, destruction or loss which forms the subject of the
charge deliberately and in contravention of the rules of the sporting activity
concerned; and
(b) the injury, destruction or loss which forms the subject of the charge does not fall
within the risks normally inherent in participation in the sporting activity concerned.

250 Consent to injuries from customary or religious practices

(1) In this section
“slight bodily injury” includes the circumcision of a male person but does not include the
practice of genital mutilation of a female person commonly known as “female
circumcision”.
(2) Consent by a person to slight bodily injury inflicted
(a) in accordance with the customs or traditional practices of the community to which
the person belongs; and
(b) for the purposes of or in accordance with the practice of his or her religion or
custom;
shall be a complete defence to a charge alleging the commission of a crime constituted by the
infliction of such injury.

251 Consent given on behalf of other persons

Subject to this Part, where a person is incapable in law of giving consent to anything,
whether because of minority, unconsciousness, insanity or otherwise, consent given by the
person’s parent, guardian, spouse or any other person capable in law of giving consent on his
or her behalf shall be as effective as if the consent had been given by the person himself or
herself.

PART XIII
DEFENCE OF PERSON

252 Interpretation in Part XIII of Chapter XIV

In this section
“unlawful attack” means any unlawful conduct which endangers a person’s life, bodily
integrity or freedom.

253 Requirements for defence of person to be complete defence

135
 (1) Subject to this Part, the fact that a person accused of a crime was defending himself
or herself or another person against an unlawful attack when he or she did or omitted to do
anything which is an essential element of the crime shall be a complete defence to the charge
if
(a) when he or she did or omitted to do the thing, he or she believed on reasonable
grounds that the unlawful attack had commenced or was imminent; and
(b) he or she believed on reasonable grounds that that his or her conduct was necessary
to avert the unlawful attack and that he or she could not otherwise escape from or
avert the attack; and
(c) the means he or she used to avert the unlawful attack were reasonable in all the
circumstances; and
(d) any harm or injury caused by his or her conduct
(i) was caused to the attacker and not to any innocent third party; and
(ii) was not grossly disproportionate to that liable to be caused by the unlawful
attack.
(2) In determining whether or not the requirements specified in subsection (1) have been
satisfied in any case, a court shall take due account of the circumstances in which the accused
found himself or herself, including any knowledge or capability he or she may have had and
any stress or fear that may have been operating on his or her mind.

254 When defence of person partial defence to murder

If a person accused of murder was defending himself or herself or another person against
an unlawful attack when he or she did or omitted to do anything that is an essential element of
the crime, he or she shall be guilty of culpable homicide if all the requirements for defence of
person specified in section two hundred and fifty-three are satisfied in the case except that the
means he or she used to avert the unlawful attack were not reasonable in all the
circumstances.

255 Mistaken belief in relation to defence of person

If a person genuinely and on reasonable grounds, but mistakenly, believes that he or she
is defending himself or herself or another person against an unlawful attack, he or she shall be
entitled to a complete or partial defence in terms of this Part to any criminal charge in all
respects as if his or her belief were in fact correct.

PART XIV
DEFENCE OF PROPERTY

256 Interpretation in Part XIV of Chapter XIV

In this Part
“property” includes property of any description and any interest or right therein;
“unlawful attack” means any unlawful conduct which endangers or infringes a person’s
property.

136
257 Requirements for defence of property to be complete defence
(1) Subject to this Part, the fact that a person accused of a crime was defending his or her
or another person’s property against an unlawful attack when he or she did or omitted to do
anything which is an essential element of the crime shall be a complete defence to the charge
if
(a) when he or she did or omitted to do the thing, the unlawful attack had commenced
or was imminent; and
(b) his or her conduct was necessary to avert the unlawful attack; and
(c) the means he or she used to avert the unlawful attack were reasonable in all the
circumstances; and
(d) any harm or injury caused by his or her conduct
(i) was caused to the attacker and not to any innocent third party; and
(ii) was not grossly disproportionate to that liable to be caused by the unlawful
attack.
(2) In determining whether or not the requirements specified in subsection (1) have been
satisfied in any case, a court shall take due account of the circumstances in which the accused
found himself or herself, including any knowledge or capability he or she may have had and
any stress or fear that may have been operating on his or her mind.
(3) In determining whether or not any means used by a person to avert an unlawful attack
were reasonable, or whether or not any harm or injury caused to an attacker was proportionate
to that liable to be caused by an unlawful attack, a court shall have regard to the nature of the
property which the person was trying to protect and its value to him or her.

258 Killing in defence of property

A person accused of a crime involving the killing of another person shall not be entitled
to rely upon a defence in terms of this Part unless
(a) the accused resorted to killing after taking all other possible steps to protect the
property concerned; and
(b) the property concerned could not have been defended by any means except by
killing; and
(c) the property concerned was of vital importance to the accused; and
(d) the accused believed on reasonable grounds that he or she would not receive
adequate compensation for any destruction, damage or injury caused to the property
concerned by the unlawful attack.

259 When defence of property partial defence to murder

If a person accused of murder was defending his or her or another person’s property
against an unlawful attack when he or she did or omitted to do anything that is an essential
element of the crime, he or she shall be guilty of culpable homicide if all the requirements
specified in sections two hundred and fifty-seven and two hundred and fifty-eight are satisfied
in the case except that the means he or she used to avert the unlawful attack were not
reasonable in all the circumstances.

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 PART XV
ENTRAPMENT

260 Entrapment no defence to crimes

It shall not be a defence to a crime that the accused was trapped into committing the
crime concerned, that is to say that the police or other authority or person, by using any
inducement or encouragement, caused the accused to commit it for the purpose of obtaining
evidence of its commission, but a court may, where it considers that unfair or undesirable
entrapment methods were used by the police or other authority or person, take the manner of
such entrapment into account as a factor in mitigation of sentence.

PART XVI
IMPOSSIBILITY

261 Requirements for impossibility to be complete defence

(1) Where a person is accused of a crime of which an essential element consists of a
failure, omission or refusal to do anything, the fact that it was physically impossible for the
accused to do that thing shall be a complete defence to the charge if
(a) the impossibility was absolute, that is to say, if it was objectively impossible for
anyone in the accused’s position to have done that thing; and
(b) the impossibility was not due to the accused’s own fault.
(2) For the purposes of subsection (1), the fact that it is extremely difficult for a person to
do a thing shall not constitute impossibility.
(3) This section shall not prevent a court, when imposing sentence upon a convicted
person, from taking due account of any difficulty experienced by him or her in complying
with a law.

PART XVII
NECESSITY

262 Application of Part XVII of Chapter XIV

This Part shall not apply to cases where the harm sought to be avoided consisted of a
threat which could give rise to a defence of compulsion in terms of Part XI.

263 Requirements for necessity to be complete defence

(1) Subject to this Part, the fact that it was necessary for a person accused of a crime to
do or omit to do anything that is an essential element of the crime in order to avoid harm to
himself or herself or to another person shall be a complete defence to the charge if
(a) the harm which he or she sought to avoid would have resulted in
(i) death or serious bodily injury to himself or herself or to another person; or
(ii) considerable financial or proprietary loss to himself or herself;
and

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 (b) he or she believed on reasonable grounds that the harm referred to in paragraph (a)
had started to occur or was imminent; and
(c) the harm referred to in paragraph (a) did not arise through his or her own fault; and
(d) he or she believed on reasonable grounds that his or her conduct was necessary to
avoid the harm referred to in paragraph (a) and that there was no other feasible way
of avoiding it; and
(e) by his or her conduct he or she did no more harm than was reasonably necessary to
avoid the harm referred to in paragraph (a), and the harm he or she did was not
disproportionate to the harm referred to in paragraph (a).
(2) In determining whether harm would cause considerable financial or proprietary loss
to a person for the purposes of subparagraph (ii) of paragraph (a) of subsection (1), a court
shall have regard to the financial or proprietary resources of the person concerned.

264 Additional requirements for necessity to be complete defence to murder

(1) Subject to subsection (2), the fact that it was necessary for a person accused of
murder to do or omit to do anything that is an essential element of the crime in order to avoid
harm to himself or herself or to another person shall not be a complete defence to the charge
unless the following requirements are satisfied in addition to those specified in paragraphs
(b), (c) and (d) of subsection (1) of section two hundred and sixty-three
(a) the harm which he or she sought to avoid would have resulted in his or her death or
in the death of his or her spouse, parent or child; and
(b) his or her conduct was necessary to avoid the harm referred to in paragraph (a) and
there was no other feasible way of avoiding it; and
(c) he or she had no warning of the harm referred to in paragraph (a) to enable him or
her to forestall it by other means.
(2) If the requirements referred to or specified in subsection (1) are satisfied, the defence
of necessity shall be a complete defence to a charge of murder, whether the accused is
charged as an actual perpetrator or as an accomplice.

265 When necessity partial defence to murder

If it was necessary for a person accused of murder to do or omit to do anything that is an
essential element of the crime in order to avoid harm to himself or herself or to another
person, he or she shall guilty of culpable homicide if all the requirements for the defence of
necessity are satisfied in the case except that by his or her conduct he or she did more harm
than was reasonably necessary to avoid the harm he or she sought to avoid.

266 Necessity in relation to other crimes

In relation to all cases other than those specified in this Part, necessity shall not be a
defence but shall merely be a factor to be taken into account in the assessment of sentence.

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 PART XVIII
OBEDIENCE TO ORDERS

267 Interpretation in Part XVIII of Chapter XIV

In this Part
“active operations” means
(a) active service during any war in which Zimbabwe is engaged; or
(b) counterinsurgency operations; or
(c) the suppression of a riot or public disturbance or public violence; or
(d) the prevention of a disturbance within or escape from a prison;
“disciplined force” means
(a) the Defence Forces; or
(b) the Police Force; or
(c) the Prisons and Correctional Service; or
(d) any other force organised by the State which has as its sole or main object the
preservation of public security and of law and order in Zimbabwe;
“lawful order” means any command, direction or order
(a) of a routine, permanent or continuing nature that is properly made for any
disciplined force by or under any enactment or in terms of any authority given
by or under any enactment; or
(b) given on a particular occasion or for a particular purpose by a member of rank of
a disciplined force within the ordinary and lawful scope of that member’s
authority;
“member”, in relation to a disciplined force, includes a person who is assisting members
of the disciplined force, whether voluntarily or otherwise and whether or not he or
she is remunerated for his or her services, and who is subject to orders given by other
members of the disciplined force;
“member of rank”, in relation to a disciplined force, means a member in lawful authority
over any other member.

268 Requirements for obedience to lawful orders to be complete defence

The fact that a person charged with a crime was obeying a lawful order when the person
did or omitted to do anything that is an essential element of the crime shall be a complete
defence to the charge if
(a) when he or she did or omitted to do the thing he or she was a member of a
disciplined force; and
(b) the order was given to him or her by a member of rank of a disciplined force,
whether or not that person was a member of the same disciplined force.

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269 When obedience to illegal orders affords complete defence
(1) Subject to this section, the fact that a person charged with a crime was obeying an
illegal order when the person did or omitted to do anything that is an essential element of the
crime shall not be a complete defence to the charge unless the following requirements are
satisfied in addition to those specified in paragraphs (a) and (b) of section two hundred and
sixty-eight
(a) when he or she did or omitted to do the thing he or she was a member of a
disciplined force engaged on active operations; and
(b) he or she would have been liable, or believed on reasonable grounds that he or she
would have been liable, to disciplinary action if he or she had refused to obey the
order; and
(c) the order was not so manifestly illegal that a reasonable person in his or her position
would have refused to obey it; and
(d) his or her conduct was no more than was necessary to carry out the order.
(2) If the requirements specified in subsection (1) are satisfied, a person shall be entitled
to a complete defence to a charge even if he or she realised that the order concerned was
illegal.

PART XIX
TRIVIALITIES

270 Person charged with trivial crime entitled to acquittal

(1) Subject to this section, a person charged with a crime shall be entitled to be acquitted
of the charge if the conduct constituting the crime is of a trivial nature.
(2) In deciding whether a crime is of a sufficiently trivial nature to justify the acquittal of
the person charged in terms of subsection (1), a court shall take into account the following
factors in addition to any others that are relevant to the particular case
(a) the extent of any harm done by the commission of the crime to any person or to the
community as a whole; and
(b) the extent to which it appears, from the enactment which created the crime, that the
lawmaker wished to prohibit conduct such as that perpetrated by the accused; and
(c) whether or not an acquittal will encourage other persons to commit the crime
concerned.
(3) Where a crime is by its nature trivial, that is, where the conduct prohibited by the
enactment concerned does little harm either to individual persons or to the community as a
whole, a court shall not acquit a person charged with such a crime in terms of this section
unless the conduct of the person charged is of a trivial nature in relation to the most serious
conduct prohibited by the particular provision of the enactment concerned.

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 PART XX
UNAVOIDABLE ACCIDENT

271 Interpretation in Part XX of Chapter XIV

In this Part
“unavoidable accident” means a circumstance or event such as
(a) a heart attack or epileptic blackout suffered whilst driving a motor vehicle by a
person who has not previously suffered from one and who has no reason to
suppose that he or she might do so;
(b) a swarm of bees flying into a moving motor vehicle and stinging the driver;
(c) a stone thrown up by a passing vehicle and striking and stunning the driver of a
moving motor vehicle;
the occurrence of which is so unlikely that a reasonable person, if in the position of
the person whose conduct is under consideration, would not take steps to guard
against it.

272 Requirements for unavoidable accident to be complete defence

Subject to this section, the fact that a person charged with a crime did or omitted to do
anything that is an essential element of the crime as a result of an unavoidable accident shall
be a complete defence to the charge if
(a) the unavoidable accident did not occur through his or her own fault; and
(b) a reasonable person, faced with the same unavoidable accident in the same
circumstances, would not have been able to avoid the same conduct as would have
constituted the crime.

CHAPTER XV
COMPETENT VERDICTS

273 Persons charged with crime may be found guilty of unfinalised crime or
assisting perpetrator of crime
A person charged with any crime may be found guilty of
(a) threatening, incitement, conspiracy or attempting to commit that crime or any other
crime of which the person might be convicted on the charge; or
(b) assisting a perpetrator of that crime or of any other crime of which the person might
be convicted on the charge;
if such are the facts proved.

274 Conviction for crime other than that charged

Where a person is charged with a crime the essential elements of which include the
essential elements of some other crime, he or she may be found guilty of such other crime, if
such are the facts proved and if it is not proved that he or she committed the crime charged.

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275 Verdicts permissible on particular charges
Without limiting section two hundred and seventy-two or two hundred and seventy-three,
a person charged with
(a) a crime specified in the first column of the Fourth Schedule; or
(b) threatening, incitement, conspiracy or attempting to commit such a crime; or
(c) assisting a perpetrator of such a crime;
may be found guilty of
(i) a crime specified opposite thereto in the second column of the Fourth
Schedule; or
(ii) threatening, incitement, conspiracy or attempting to commit such a crime; or
(iii) assisting a perpetrator of such a crime;
if such are the facts proved.

276 Sentence imposable where person found guilty on competent verdict

Where a person charged with a crime is found guilty of another crime in terms of this
Chapter, the sentence imposed upon that person shall not exceed the maximum sentence
applicable to the crime of which he or she is convicted.

CHAPTER XVI
GENERAL

277 Criminal liability of corporations and associations and their members,

employees and agents
(1) In this section
“authorised person” means a person referred to in paragraph (b) of subsection (2) or
paragraph (b) of subsection (4);
“director”, in relation to a corporate body, means a person who
(a) controls or governs that corporate body, whether lawfully or otherwise; or
(b) is a member of a body or group of persons which controls or governs that
corporate body, whether lawfully or otherwise; or
(c) where there is no body or group such as is referred to in paragraph (b), who is a
member of the corporate body.
(2) For the purposes of imposing criminal liability upon a corporate body, any conduct
on the part of
(a) a director or employee of the corporate body; or
(b) any person acting on instructions or with permission, express or implied, given by a
director or employee of the corporate body;
in the exercise of his or her power or in the performance of his or her duties as such a director,
employee or authorised person, or in furthering or endeavouring to further the interests of the
corporate body, shall be deemed to have been the conduct of the corporate body, and if the

143
conduct was accompanied by any intention on the part of the director, employee or authorised
person, that intention shall be deemed to have been the intention of the corporate body.
(3) Where there has been any conduct which constitutes a crime for which a corporate
body is or was liable to prosecution, that conduct shall be deemed to have been the conduct of
every person who at the time was a director or employee of the corporate body, and if the
conduct was accompanied by any intention on the part of the person responsible for it, that
intention shall be deemed to have been the intention of every other person who at the time
was a director or employee of the corporate body:
Provided that, if it is proved that a director or employee of the corporate body took no
part in the conduct, this subsection shall not apply to him or her.
(4) For the purposes of imposing criminal liability upon members and employees of an
association of persons which is not a corporate body, any conduct on the part of
(a) a member or employee of the association; or
(b) any person acting on instructions or with permission, express or implied, given by a
member or employee of the association;
in the exercise of his or her power or in the performance of his or her duties as such a
member, employee or authorised person, or in furthering or endeavouring to further the
interests of the association, shall be deemed to have been the conduct of every other person
who at the time was a member or employee of the association, and if the conduct was
accompanied by any intention on the part of the director, employee or authorised person, that
intention shall be deemed to have been the intention of every other person who at the time
was a member or employee of the association:
Provided that
(i) if it is proved that a member or employee of the association took no part in the
conduct, this subsection shall not apply to him or her;
(ii) if the association is controlled or governed by a committee or other similar
governing body, this subsection shall not apply so as to render criminally liable any
person who was not at the time of the conduct a member of that committee or other
body.
(5) A person who is criminally liable for any conduct in terms of subsection (3) or (4)
shall be liable to be prosecuted and punished personally for the crime concerned.
(6) This section shall not limit any other law which imposes criminal liability upon
corporate bodies and associations and their directors, employees and members.

278 Conviction or acquittal no bar to civil or disciplinary proceedings

(1) In this section
“disciplinary proceedings” means any proceedings for misconduct or breach of discipline
against a public officer or member of a disciplined force or a statutory professional
body, or against any other person for the discipline of whom provision is made by or
under any enactment;
“disciplined force” means
(a) the Defence Forces; or

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 (b) the Police Force; or
(c) the Prisons and Correctional Service; or
(d) any other force organised by the State which has as its sole or main object the
preservation of public security and of law and order in Zimbabwe;
“public officer” has the meaning given to that term by the Constitution.
(2) A conviction or acquittal in respect of any crime shall not bar civil or disciplinary
proceedings in relation to any conduct constituting the crime at the instance of any person
who has suffered loss or injury in consequence of the conduct or at the instance of the
relevant disciplinary authority, as the case may be.

279 Concurrent and alternative charges

In this Code the use of the word
(a) “concurrently”, whether in the phrase “concurrently or alternatively” or on its own
in relation to the charging of a person with two or more crimes, means that the
person may be charged with both or all of those crimes either conjunctively or, if for
any reason whatsoever it is doubtful which of them he or she can be proved to have
committed, in the alternative;
(b) “alternatively”, whether in the phrase “concurrently or alternatively” or on its own
in relation to the charging of a person with two or more crimes, means that the
person may be charged
(i) with one of those crimes to the exclusion of the other crime, or with any one
or more of those crimes to the exclusion of any other crime; or
(ii) with both or all of those crimes in the alternative, if for any reason
whatsoever it is doubtful which of them he or she can be proved to have
committed.
279A Avoidance of double penalisation where aggravating features of one crime are
elements of another crime concurrently charged
(1) If under this Code or any other enactment a person is charged concurrently with two or
more crimes, and-
(a) the provisions relating to either or any one of those crimes permit or require a court to
consider certain features of the commission of the crime or crimes in aggravation of sentence;
and
(b) the features mentioned in paragraph (a) are also elements of a different crime or crimes
with which the accused is concurrently charged;
then the court shall have regard to subsection (2) when convicting and sentencing that person.
(2) A court convicting and sentencing a person referred to in subsection (1) shall exercise one
of the following options (paragraph (a) or paragraph (b)) to the exclusion of the other-
(a) convicting the accused for the crime or crimes referred to in subsection ( l)(a) and
sentencing him or her to a penalty that takes into account the aggravating features-
(i) but not convicting and sentencing him or her for the crime or crimes referred to in
subsection (1 )(b); or
(ii) as well as convicting him or her for the crime or crimes referred to in subsection (l)(b), but
making the sentences therefor run concurrently with the first-mentioned sentence;
(b) convicting the accused for the crime or crimes-
(i) referred to in subsection (l)(a) and sentencing him or her to a penalty that does not take
into account the aggravating features: and

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(ii) convicting and sentencing him or her for the crime or crimes referred to in subsection (1)
(b):
Provided that where the court exercises this option it must satisfy itself that the level of the
combined penalties it imposes would be at least equivalent to the level of the penalty it would
have imposed if it had exercised option (a).

280 Standard scale of fines and amendment thereof

(1) Where in this Code and any enactment it is provided that a person who is guilty
of a crime is liable to a fine or a maximum fine by reference to a level on the standard
scale, the amount of the fine or the maximum fine, as the case may be, that may be
imposed shall be the monetary amount specified in the second column of the First
Schedule opposite that level in the first column of the First Schedule.
(2) Where any enactment confers power to make a statutory instrument prescribing
a fine or a maximum fine by reference to a level on the standard scale—
(a) the reference shall be construed as a reference to the standard scale of fines;
and
(b) any fine or maximum fine so prescribed may be specified as a monetary
amount or as a level on the standard scale of fines.
(3) Where any enactment prescribes the jurisdiction of any court or judicial officer
by reference to a level on the standard scale, the reference shall be construed as a
reference to the standard scale of fines.
(4) Notwithstanding any other provision of this section, whenever a court imposes a
sentence of a fine upon an offender, the court shall specify the monetary amount of the
fine and shall not specify the fine by reference to a level on the standard scale of fines.
(5) Subject to subsection (6), the Minister may, by statutory instrument, amend or
replace the First Schedule, whenever the Minister considers such an amendment or
replacement to be necessary as a result of a change in the purchasing-power of money or
for any other reason:
Provided that
(i) an increase in the monetary amount corresponding to any level in the
standard scale of fines shall not have the effect of increasing the penalty to
which any person is liable in respect of an offence committed before the
increase came into effect;
(ii) a reduction in the monetary amount corresponding to any level in the
standard scale of fines shall reduce the penalty to which any person is liable
in respect of an offence committed before the reduction came into effect, if
the penalty is imposed after that date.
(6) The Minister shall within the next fourteen days on which Parliament sits after
he or she makes a statutory instrument in terms of subsection (5), lay it before
Parliament, and the statutory instrument shall not come into force unless approved by
resolution of Parliament.

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281 References in enactments to common law crimes
Any reference in an enactment to a common law crime specified in the first column of the
Fifth Schedule shall be construed as a reference to the equivalent crime in this Code specified
in the second column opposite thereto.

282 Amendment of Acts

The Act specified in each Part of the Sixth Schedule is amended to the extent set out in
that Part.

283 Repeals
The Acts specified in the Seventh Schedule are repealed.

284 Savings
(1) Subject to subsection (2), the repeal of the Roman-Dutch criminal law by section
three shall not
(a) affect the previous operation of that law or anything duly done or suffered under that
law; or
(b) affect any crime committed against that law before the fixed date, or any penalty,
forfeiture or punishment incurred in respect thereof; or
(c) affect any investigation, legal proceeding or remedy in respect of any crime, penalty,
forfeiture or punishment referred to in paragraph (b), and any such investigation,
legal proceeding or remedy shall be exercisable, continued or enforced and any such
penalty, forfeiture or punishment may be imposed as if that law had not been
repealed.
(2) In the case of a trial commenced before the fixed date for a crime specified in the first
column of the Fifth Schedule, the court shall not, after the fixed date, impose a sentence in
excess of the maximum sentence imposable for the equivalent crime under this Code
specified in the second column of the Fifth Schedule.
(3) For the avoidance of doubt it is declared that every crime in force in terms of any
other enactment immediately before the fixed date shall continue in force on and after such
date unless it is expressly repealed by this Code.

FIRST SCHEDULE (Sections 2 (1) and 280)

STANDARD SCALE OF FINES

In its Court Watch 5 of 2019 the Veritas Organisation provided the following useful
information.

The New Standard Scale of Fines: In force since 20th February 2019
Section 27 of the Finance Act, 2019 (No. 1 of 2019) introduced a new Standard Scale of Fines
with effect from 20th February 2019, the date on which the Act was published in the
Government Gazette and became law. The new standard scale is reflected in columns 1 and 2
of the table below.

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The new standard scale applies only to offences committed on or after the date it became law,
i.e. on or after 20th February [see section 280 of the Criminal Law Code]. We have therefore
included the previous standard scale in the table below as column 3. The previous standard
scale will continue to apply to offences committed before 20th February and on or after the
23rd March 2017 [the date it was introduced by Act No. 2 of 2017].

FORMER SCALE
NEW SCALE
[offences committed
[offences committed
on/after 23rd March 2017
on/after
but before
20th February 2019]
20th February 2019]
Monetary Amount Monetary Amount
Level (US $)* Now RTGS or (US $)* Now RTGS or
Bond dollars Bond dollars
1 20 10
2 30 15
3 60 30
4 100 100
5 200 200
6 400 300
7 800 400
8 1 200 500
9 1 600 600
10 2 000 700
11 2 500 1 000
12 3 000 2 000
13 5 000 3 000
14 10 000 5 000

*US dollars?
“US$” in the headings to columns 2 and 3 in the table must be read as RTGS dollars or bond
dollars.
Why? Because, according to section 4(1)(f) and (2) of SI 33/2019 of the Presidential Powers
(Temporary Measures) (Amendment of Reserve Bank of Zimbabwe Act and Issue of Real
Time Gross Settlement Electronic Dollars (RTGS Dollars)) Regulations, 2019 gazetted on
22nd February: Amounts stated in US dollars in all legislation must now be construed as
references to RTGS dollars or bond notes on a 1:1 basis
Comment: The use of Presidential Powers is now being challenged in the High Court.
How the Standard Scale Works
In Zimbabwean legislation a typical penalty provision for an offence punishable by a fine will
look like this:

148
 “A person who carries on the business of … without a licence shall be guilty of an offence
and liable to a fine not exceeding level six …“
The standard scale tells one the monetary amount of the maximum fine that can be imposed
for a level six offence, which is $400 [RTGS or Bond] for an offence committed on or after
20th February this year and $200 [RTGS or bond] for an offence committed before that date
but on or after 23rd March 2017.
The link between the words “level six” in the penalty provision is provided by the definitions
of “level” and “standard scale” in section 3(2) of the Interpretation Act:
“level”, in relation to a fine, means a level on the standard scale;
“standard scale” means the standard scale of fines referred to in section 280 of the
Criminal Law Code, as amended or replaced from time to time.
The standard scale referred to in section 280 of the Criminal Law Code is the scale set out in
the First Schedule to the Code. And it is this First Schedule that was repealed and replaced by
section 27 of the Finance Act [referred to in line 1 of this bulletin].
When imposing a sentence of a fine, of course, a court must state the amount of the fine as a
sum in dollars [now RTGS or bond] not exceeding the relevant level.
The New Standard Scale and Admission of Guilt Fines [aka “spot fines”]
The heading to section 356 of the Criminal Procedure and Evidence Act is “Payment by
accused persons of fines which may be imposed for minor offences in lieu of appearance in
court”.
Section 356 allows a police officer to invite a person accused of a minor offence to pay an
admission of guilt fine if the “officer has reasonable grounds for believing that the court
which will try the said person for such offence will, on convicting such person of such offence,
not impose a sentence of imprisonment or a fine exceeding level three”.
The effect of the new standard scale is that the maximum admission of guilt fine for a minor
offence is now $60 [RTGS or bond] – the new level 3 – but this applies only to offences
alleged to have been committed on or after 20th February 2019. For offences alleged to have
been committed before 20th February 2019 and on or after 23rd March 2017, the maximum
admission of guilt fine remains at $30 [RTGS or bond] - the previous level 3.
In deciding the amount of an admission of guilt fine, a police officer is usually guided by a
schedule of deposit fines issued by the Chief Magistrate’s Office specifying offences for
which the admission of guilt procedure may be used and indicating the amounts of the fines
likely to be imposed by a court.
Does Paying an Admission of Guilt Fine Result in a Conviction?
As a general rule, signature of the relevant admission of guilt form and payment of the
requested fine enables an accused person to avoid appearing in court. But the police must
submit every admission of guilt form to the clerk of the magistrates court, where each such
case must be entered in the court records and, if confirmed by a magistrate, recorded as a
conviction and fine imposed by the court. Exceptionally, a magistrate may refuse to confirm
an admission of guilt, in which case no conviction is recorded and the fine paid must be
returned to the accused and the police may, if so advised, prosecute in the ordinary way. If
the magistrate reduces a fine, the conviction remains on record but the difference must be
returned to the accused.

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 SECOND SCHEDULE (Section 2 (2))
CORRESPONDENCE OF REFERENCES TO CRIMES IN CODE OR OTHER ENACTMENTS TO
PROVISIONS OF CODE DEFINING SUCH CRIMES

Crime Provision in Code defining it

Aggravated indecent assault Section 66
Allowing child to become a prostitute Section 87
Assault Section 89
Assaulting, intimidating or threatening a Section 149
person on an aircraft
Assaulting or resisting peace officer Section 176
Bestiality Section 74
Bigamy Section 104
Bribery Section 170
Causing disaffection among Police Force or Section 30
Defence Forces
Causing offence to persons of a particular Section 42
race, religion, etc.
Coercing or inducing a person for purpose of Section 84
engaging in sexual conduct
Concealing birth of child Section 106
Concealing, disguising or enjoying the Section 160
proceeds of the unlawful dealing in
dangerous drugs
Concealing treason Section 21
Contempt of court Section 182
Corruptly concealing a transaction from a Section 172
principal
Corruptly concealing from a principal a Section 173
personal interest in a transaction
Corruptly using a false document Section 171
Criminal abuse of duty as public officer Section 174
Criminal defamation Section 96
Criminal insult Section 95
Criminal nuisance Section 46
Criminal trespass Section 132
Culpable homicide Section 49
Damaging, destroying or prejudicing the safe Section 148
operation of an aircraft

150
Dealing in or possession of prohibited knives Section 39
Defeating or obstructing the course of justice Section 184
Deliberate infection of another with a Section 78
sexually transmitted disease
Deliberate introduction of computer virus Section 164
into computer or computer network
Deliberate transmission of HIV Section 79
Deliberately supplying false information to a Section 180
public authority
Detaining persons for purpose of engaging in Section 85
unlawful sexual conduct
Disorderly conduct in a public place Section 41
Disrupting a public gathering Section 44
Employing non-natural means to resolve Section 100
crimes or delicts
Engaging in practices commonly associated Section 98
with witchcraft
Escaping from lawful custody Section 185
Exposing an infant Section 108
Extortion Section 134
Falsely threatening harm in relation to an Section 152
aircraft
Forgery Section 137
Fraud Section 136
Harbouring, concealing or failing to report Section 29
insurgent, bandit, saboteur or terrorist
Hijacking Section 147
Impersonating police officer, peace officer or Section 179
public official
Inciting or assisting suicide Section 50
Indecent assault Section 67
Indicating witches and wizards Section 99
Infanticide Section 48
Insurgency, banditry, sabotage or terrorism Section 23
Intimidation Section 45
Kidnapping or unlawful detention Section 93
Living off or facilitating prostitution Section 82
Making off without payment Section 117

151
Malicious damage to property Section 140
Murder Section 47
Negligently causing serious bodily harm Section 90
Negligently causing serious damage to Section 141
property
Obstructing a public official Section 178
Obstructing or endangering free movement of Section 38
persons or traffic
Participating in gathering with intent to Section 37
promote public violence, breaches of the
peace or bigotry
Perjury Section 183
Permitting premises to be used for the Section 159
unlawful dealing in or use of dangerous
drugs
Permitting young person to resort to place for Section 86
purpose of engaging in unlawful sexual
conduct
Placing or carrying dangerous goods on an Section 150
aircraft
Pledging a female person Section 94
Possessing property reasonably suspected of Section 125
being stolen
Possessing weaponry for insurgency, Section 27
banditry, sabotage or terrorism
Possessing an article for criminal use Section 40
Possessing a dangerous weapon Section 28
Possessing an offensive weapon at a public Section 43
gathering
Procuring Section 83
Public indecency Section 77
Public violence Section 36
Publishing or communicating false Section 31
statements prejudicial to the State
Rape Section 65
Receiving stolen property knowing it to have Section 124
been stolen
Recruiting or training insurgents, bandits, Section 24
saboteurs or terrorists
Robbery Section 126

152
Sexual intercourse or performing an indecent Section 70
act with a young person
Sexual intercourse within a prohibited degree Section 75
of relationship
Sodomy Section 73
Soliciting Section 81
Stock theft Section 114
Subverting constitutional government Section 22
Supplying weaponry to insurgents, bandits, Section 26
saboteurs or terrorists
Theft Section 113
Threatening harm in relation to an aircraft Section 151
Training as insurgent, bandit, saboteur or Section 25
terrorist
Treason Section 20
Unauthorised access to or use of computer or Section 163
computer network
Unauthorised borrowing or use of property Section 115
Unauthorised manipulation of proposed Section 165
computer programme
Unauthorised use of password or pin number Section 168
Unauthorised use or possession of credit or Section 167
debit cards
Undermining authority of or insulting Section 33
President
Undermining police authority Section 177
Unlawful dealing in dangerous drugs Section 156
Unlawful possession or use of dangerous Section 157
drugs
Unlawful possession or wearing of Section 32
camouflage uniforms
Unlawful termination of pregnancy Section 60
Unlawful entry into premises Section 131
Violating corpses Section 111
Violating graves Section 110
Voluntary intoxication leading to unlawful Section 222
conduct

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 THIRD SCHEDULE (Section 46)
ACTS CONSTITUTING CRIMINAL NUISANCE

Interpretation in Third Schedule

1. In paragraph 2
“appropriate authority” means
(a) in the case of a public place situated within the area under the jurisdiction of a
municipal council or town council, such municipal council or town council, as the
case may be;
(b) in the case of a public place situated within a local government area, the local board;
(c) in the case of a public place situated within the area under the jurisdiction of a rural
district council, such rural district council;
(d) in the case of a public place situated within an area not mentioned in paragraph (a),
(b) or (c), the person or body of persons having the control or the management of
such area or, if there is no such person or body of persons, the district administrator.
Acts constituting criminal nuisance
2. Any person who
(a) wantonly or mischievously
(i) rings any bell; or
(ii) makes any noise or disturbance or plays any musical instrument or wireless
in a public place; or
(iii) knocks at doors; or
(iv) throws any property from any place; or
(v) removes any property from any place; or
(vi) dislodges or disfigures any property; or
(vii) gives a false alarm of fire; or
(viii) does any act of a like nature;
(b) wantonly or mischievously provokes any animal;
(c) without the permission of the appropriate authority, makes a fire or lets off fireworks
manufactured for the purpose of amusement, in a public place;
(d) rides or drives any animal upon any pavement;
(e) throws or deposits any refuse or inflammatory material in or upon a public place or
in or upon any other place which has not been set aside for that purpose by the
appropriate authority;
(f) encumbers or obstructs the free passage along any street, road, thoroughfare,
sidewalk or pavement;
(g) allows any refuse, excrement or other offensive material to be spilt or thrown into or
on a public place;
(h) cuts down, removes, destroys or injures any wood, tree or shrub without the
permission of the owner or occupier of the land upon which such wood, tree or

154
 shrub is situated, or, in the case of any wood, tree or shrub situated in or upon a
public place, the permission of the appropriate authority;
(i) rides or drives any animal in or through a public place in a manner dangerous to the
public;
(j) discharges any firearm, air-pistol, air-rifle or air-gun in or upon a public place unless
such weapon is discharged in self-defence, for humane reasons or in circumstances
in which such discharge is justified under any law;
(k) fires any explosive in or upon a public place without the permission of the
appropriate authority;
(l) drives or leaves any vehicle drawn by oxen in any public street or thoroughfare
without a person at the head of such oxen or leaves any vehicle drawn by horses,
donkeys or mules standing in any street or thoroughfare without a person at the head
of such horses, donkeys or mules;
(m) shouts or screams in a public place to the annoyance of the public;
(n) places any placard or other document, writing or painting on, or otherwise defaces
any house, building, wall, fence, lamp-post, gate or elevator without the consent of
the owner or occupier thereof;
(o) fails or neglects to take such steps as may be necessary to prevent the creation on
property owned, leased or occupied by him or her, of a nuisance by offensive smell
or otherwise;
(p) flies a kite or model aeroplane or plays any game in a public place to the annoyance
of the public;
(q) skates in or upon any street, road, thoroughfare, sidewalk or pavement;
(r) allows to be at large any unmuzzled ferocious dog;
(s) slaughters or skins any animal or knowingly leaves any dead animal in or upon a
public place;
(t) plays or bets in any street, road, thoroughfare or other open place or public place at
or with any table or instrument of gaming or pretended game of chance, or is present
at a gathering where such gambling is in progress:
Provided that nothing in this paragraph shall be construed as prohibiting the
playing or betting at any entertainment if authority for the conduct of such gaming
or game of chance has been granted in terms of the Lotteries and Gaming Act
[Chapter 10:26];
(u) subject to any other enactment, sets, urges or permits any dog or other animal to
pursue any vehicle;
(v) employs any means whatsoever which are likely materially to interfere with the
ordinary comfort, convenience, peace or quiet of the public or any section of the
public, or doing any act which is likely to create a nuisance or obstruction;
shall be guilty of criminal nuisance.

155
 FOURTH SCHEDULE (Section 275)
COMPETENT VERDICTS

Section and Crime Charged Permissible Verdict

20 Treason (a) Attempted murder;
(b) Concealing treason;
(c) Subverting constitutional
government;
(d) Insurgency, banditry, sabotage
or terrorism;
(e) Possessing weaponry for
insurgency, banditry, sabotage
or terrorism;
(f) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (e).
21 Concealing treason Harbouring, concealing or failing to
report insurgent, bandit, saboteur or
terrorist.
22 Subverting constitutional Causing disaffection among Police
government Force or Defence Forces.
23 Insurgency, banditry, sabotage (a) Possessing weaponry for
or terrorism insurgency, banditry, sabotage
or terrorism;
(b) Recruiting or training
insurgents, bandits, saboteurs or
terrorists;
(c) Hijacking;
(d) Attempted murder;
(e) Rape;
(f) Robbery;
(g) Malicious damage to property;
(h) Public violence;
(i) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (h).

156
24 Recruiting or training (a) Training as insurgent, bandit,
insurgents, bandits, saboteurs saboteur or terrorist;
or terrorists (b) Supplying weaponry to
insurgents, bandits, saboteurs or
terrorists;
(c) Harbouring, concealing or
failing to report insurgent,
bandit, saboteur or terrorist;
(d) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (c).
25 Training as insurgent, bandit, (a) Recruiting or training
saboteur or terrorist insurgents, bandits, saboteurs or
terrorists;
(b) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a).
26 Supplying weaponry to (a) Possessing weaponry for
insurgents, bandits, saboteurs insurgency, banditry, sabotage
or terrorists or terrorism;
(b) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a).
27 Possessing weaponry for (a) Supplying weaponry to
insurgency, banditry, sabotage insurgents, bandits, saboteurs or
or terrorism terrorists;
(b) Possessing dangerous weapons;
(c) Possessing firearms or
ammunition without a certificate
in contravention of section 4 of
the Firearms Act [Chapter
10:09;]
(d) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) or (c).

157
28 Harbouring, concealing or (a) Defeating or obstructing the
failing to report insurgent, course of justice;
bandit, saboteur or terrorist (b) Assisting the perpetrator of a
crime;
(c) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) or (b).
31 Publishing or communicating (a) Incitement to commit murder;
false statements prejudicial to (b) Criminal defamation;
the State
(c) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) or (b).
36 Public violence (a) Attempted murder;
(b) Robbery;
(c) Malicious damage to property;
(d) Disorderly conduct in public
place;
(e) Disrupting a public gathering;
(f) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (e).
47 Murder (a) Infanticide;
(b) Culpable homicide;
(c) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) or (b).
48 Infanticide (a) Culpable homicide;
(b) Unlawful termination of
pregnancy;
(c) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) or (b).

158
49 Culpable homicide (a) Inciting suicide;
(b) Rape;
(c) Public violence;
(d) Unlawful termination of
pregnancy;
(e) Assault;
(f) Threatening to commit murder;
(g) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (f)
50 Inciting or assisting suicide (a) Attempted murder;
(b) Culpable homicide;
(c) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) or (b).
60 Unlawful termination of (a) Assault;
pregnancy (b) Indecent assault;
(c) Concealing birth of child;
(d) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (c).
65 Rape (a) Aggravated indecent assault;
(b) Indecent assault;
(c) Sexual intercourse with or
indecent assault of young
mentally incompetent person;
(d) Sexual intercourse within a
prohibited degree of
relationship;
(e) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (d).
66 Aggravated indecent assault Indecent assault

159
67 Indecent assault (a) Sexual intercourse with or
performing an indecent act with
a young person;
(b) Criminal insult;
(c) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a).
70 Sexual intercourse or (a) Indecent assault;
performing an indecent act (b) Sexual intercourse within a
with a young person prohibited degree of
relationship;
(c) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) or (b).
73 Sodomy (a) Indecent assault;
(b) Any crime of which a person
might be convicted if he or she
were charged with indecent
assault.
75 Sexual intercourse within a (a) Indecent assault;
prohibited degree of (b) Sexual intercourse or
relationship performing an indecent act with
a young person;
(c) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) or (b).
82 Living off or facilitating (a) Soliciting;
prostitution (b) Procuring;
(c) Detaining a person for purpose
of engaging in unlawful sexual
conduct;
(d) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (c).

160
86 Permitting young person to (a) Living off or facilitating
resort to place for purpose of prostitution;
engaging in unlawful sexual (b) Detaining person for purpose of
conduct engaging in unlawful sexual
conduct;
(c) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) or (b).
89 Assault (a) Negligently causing serious
bodily harm;
(b) Disorderly conduct in public
place;
(c) Possessing a dangerous weapon;
(d) Dealing in or possession of
prohibited knives.
(e) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (d).
93 Kidnapping or unlawful Kidnapping or unlawful detention of
detention of a child an adult
93 Kidnapping or unlawful Kidnapping or unlawful detention of
detention of an adult a child
99 Indicating witches and wizards Using non- natural means to resolve
crimes or delicts
113 Theft (a) Unauthorised borrowing or use
of property;
(b) Making off without payment;
(c) Receiving stolen property
knowing it to have been stolen;
(d) Malicious damage to property;
(e) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (d).

161
116 Unauthorised borrowing or use (a) Getting on to or interfering with
of property or driving or riding a vehicle in
contravention of section 57 of
the Road Traffic Act [Chapter
13:11];
(b) Taking or retaining hold of or
boarding a vehicle or trailer in
contravention of section 58 of
the Road Traffic Act [Chapter
13:11].
117 Making off without payment (a) Theft;
(b) Unauthorised borrowing or use
of property;
(c) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) or (b)
124 Receiving stolen property (a) Theft;
knowing it to have been stolen (b) Unauthorised borrowing or use
of property;
(c) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) or (b).
125 Possessing property reasonably (a) Unauthorised borrowing or use
suspected of having been stolen of property;
(b) Getting on to or interfering with
or driving or riding a vehicle in
contravention of section 57 of
the Road Traffic Act [Chapter
13:11];
(c) Taking or retaining hold of or
boarding a vehicle or trailer in
contravention of section 58 of
the Road Traffic Act [Chapter
13:11].

162
126 Robbery (a) Assault;
(b) Threatening to commit murder;
(c) Theft;
(d) Making off without payment;
(e) Extortion;
(f) Malicious damage to property;
(g) Assault and theft;
(h) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (g).
131 Unlawful entry into premises (a) Criminal trespass;
(b) Any crime of which a person
might be convicted if he or she
were charged with criminal
trespass.
132 Criminal trespass (a) Possessing an article for
criminal use;
(b) Malicious damage to property.
134 Extortion (a) Attempted murder;
(b) Assault;
(c) Theft;
(d) Malicious damage to property;
(e) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (d).
136 Fraud (a) Theft;
(b) Any crime which is shown to
have been committed by the
person charged if it is
established that his or her
alleged misrepresentation was
true;
(c) Any crime of which a person
might be convicted if he or she
were charged with theft.

163
147 Hijacking (a) Attempted murder;
(b) Kidnapping or unlawful
detention;
(c) Robbery;
(d) Damaging destroying or
prejudicing the safe operation of
an aircraft;
(e) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (d).
148 Damaging destroying or (a) Placing or carrying dangerous
prejudicing the safe operation goods on an aircraft;
of an aircraft (b) Malicious damage to property;
(c) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) or (b).
149 Assaulting, intimidating or (a) Placing or carrying dangerous
threatening a person on an goods on an aircraft;
aircraft (b) Assault;
(c) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) or (b).
150 Placing or carrying dangerous (a) Threatening harm in relation to
goods on an aircraft an aircraft;
(b) Possessing or using a firearm or
explosives in contravention of
any enactment.
151 Threatening harm in relation to (a) Threatening to commit murder;
an aircraft (b) Extortion;
(c) Attempted malicious damage to
property;
(d) Falsely threatening harm in
relation to an aircraft;
(e) Any crime of which a person
might be convicted if he or she
were charged with a crime
specified in paragraph (a) to (d).

164
170 Bribery (a) Corruptly using a false
document;
(b) Corruptly concealing a
transaction from a principal;
(c) Corruptly concealing from a
principal a personal interest in a
transaction;
(d) Criminal abuse of duty as a
public officer;
(e) Extortion;
(f) Theft.
171 Corruptly using a false (a) Bribery;
document (b) Any crime of which a person
might be convicted if he or she
were charged with bribery.
172 Corruptly concealing a (a) Bribery;
transaction from a principal (b) Any crime of which a person
might be convicted if he or she
were charged with bribery.
173 Corruptly concealing from a (a) Bribery;
principal a personal interest in (b) Any crime of which a person
a transaction might be convicted if he or she
were charged with bribery.
174 Criminal abuse of duty as a (a) Bribery;
public officer (b) Theft;
(c) Extortion;
(d) Any crime of which a person
might be convicted if he or she
were charged with bribery.

FIFTH SCHEDULE (Sections 281 and 284 (2))

CORRESPONDENCE OF COMMON LAW CRIMES WITH CODIFIED CRIMES

Common law crime Corresponding crime in Code

Abduction Kidnapping or unlawful detention
Abortion Unlawful termination of pregnancy
Administering a poisonous or noxious Assault
substance
Arson Malicious damage to property

165
Assault with intent to inflict grievous bodily Assault
harm
Bestiality Bestiality
Bigamy Bigamy
Blasphemy Causing offence to persons of a particular
race, religion, etc.
Bribery Bribery
Common assault Assault
Compounding Defeating or obstructing the course of justice
Contempt of court Contempt of court
Crimen injuria Criminal insult
Criminal defamation Criminal defamation
Culpable homicide Culpable homicide
Defeating or obstructing the course of justice Defeating or obstructing the course of justice
Exposing an infant Exposing an infant
Extortion Extortion
Forgery Forgery
Fraud Fraud
Housebreaking with intent to commit a crime Unlawful entry into premises
Incest Sexual intercourse within a prohibited degree
of relationship
Indecent assault Aggravated indecent assault
Indecent assault
Kidnapping Kidnapping or unlawful detention
Malicious injury to property Malicious damage to property
Murder Murder
Infanticide
Offence against nature (unnatural offence) Sodomy
Perjury Perjury
Public indecency Public indecency
Public violence Public violence
Rape Rape
Receiving stolen property knowing it to be Receiving stolen property knowing it to have
stolen been stolen
Robbery Robbery
Sedition Subverting constitutional government
Public violence

166
Sodomy Sodomy
Subornation of perjury Incitement of or being an accomplice to
perjury
Theft Theft
Stock theft
Theft by false pretences Theft
Treason Treason
Concealing treason
Uttering Fraud
Violating a dead body Violating corpses
Violating a grave Violating graves

SIXTH SCHEDULE (Sections 282)

AMENDMENT OF VARIOUS ACTS

PART I
INTERPRETATION ACT [CHAPTER 1:01]

By the insertion in subsection (3) of section 3 of the following definition—

“ “Criminal Law Code” means the Criminal Law (Codification and Reform) Act,
2004;”.

PART III
BURIAL AND CREMATION ACT [CHAPTER 5:03]

By the repeal of section 8.

PART IV
CUSTOMARY MARRIAGES ACT [CHAPTER 5:07]

1. In section 11 by the repeal of subsection (2).

2. By the repeal of section 15 and the substitution of—

“15A Legality of marriages between persons within certain degrees of affinity or

consanguinity
(1) For the avoidance of doubt it is declared that, on and after the date of
commencement of the Criminal Law Code—
(a) no persons who are related to each other in any degree of relationship
specified in subsection (2) of section 75 of the Criminal Law Code shall be
capable of contracting a valid marriage, unless, in the case of persons who

167
 are related to each other as first or second cousins, they satisfy the customary
marriage officer that they belong to a community referred to in subsection (3)
of section 75 of the Criminal Law Code;
(b) persons who are related to each other by affinity shall be capable of
contracting a valid marriage if the affinity relationship between them is not
one described in paragraph (b) or (j) of subsection (2) of section 75 of the
Criminal Law Code.
(2) Subsection (2) of section 24 of the Marriage Act [Chapter 5:11] shall apply to
persons who marry or purport to marry in contravention of paragraph (i) of subsection
(2) of section 75 of the Criminal Law Code.
(3) For the avoidance of doubt it is declared that a marriage between persons who
are related to each other as first or second cousins shall not be void or voidable if such
marriage was contracted before the date of commencement of the Criminal Law Code.”.

PART IV
MARRIAGE ACT [CHAPTER 5:11]

By the repeal of section 24 and the substitution of—

“24 Legality of marriages between persons within certain degrees of affinity or

consanguinity
(1) For the avoidance of doubt it is declared that, on and after the date of
commencement of the Criminal Law Code—
(a) no persons who are related to each other in any degree of relationship
specified in subsection (2) of section 75 of the Criminal Law Code shall be
capable of contracting a valid marriage, unless, in the case of persons who
are related to each other as first or second cousins, they satisfy the marriage
officer that they belong to a community referred to in subsection (3) of
section 75 of the Criminal Law Code;
(b) persons who are related to each other by affinity shall be capable of
contracting a valid marriage if the affinity relationship between them is not
one described in paragraph (b) or (j) of subsection (2) of section 75 of the
Criminal Law Code.
(2) If, on or after the date of commencement of the Criminal Law Code, a marriage
is contracted or purports to be contracted between parties who are related to each other
as first or second cousins without belonging to a community referred to in subsection (3)
of section 75 of the Criminal Law Code, and at the time of the solemnisation of the
marriage—
(a) the parties knew or realised that there was a real risk or possibility that they
were related to each other as first or second cousins, such marriage shall be
void;
(b) one of the parties knew or realised that there was a real risk or possibility that
they were related to each other as first or second cousins, such marriage shall
be voidable at the instance of the party who was not so aware;

168
 (c) the parties did not know or realise that there was a real risk or possibility that
they were related to each other as first or second cousins, such marriage shall
not be void or voidable.
(3) For the avoidance of doubt it is declared that a marriage between persons who
are related to each other as first or second cousins shall not be void or voidable if such
marriage was contracted before the date of commencement of the Criminal Law Code.”.

PART V
MAGISTRATES COURT ACT [CHAPTER 7:10]

In section 51 by the repeal of subsections (4) and (5) and the substitution of—
“(4) Notwithstanding section fifty, the jurisdiction of—
(a) a regional magistrate in respect of punishment for a sexual offence,
whether on summary trial or remittal of the case for trial or sentence by
the Attorney-General, shall be—
(i) imprisonment for a period not exceeding twenty years;
(ii) a fine not exceeding level fourteen;
or both such fine and such imprisonment;
(b) a regional magistrate in respect of the offence prescribed or any
offender referred to in section 78 (“Deliberate infection of another with
a sexually-transmitted disease”) or 79 (“Deliberate transmission of
HIV”) of the Criminal Law Code, the penalties prescribed in those
provisions;
(c) a magistrate, other than a regional magistrate, in respect of punishment
for a contravention of Chapter VII of the Criminal Law Code
(“Offences Relating to Dangerous Drugs”), whether on summary trial
or remittal of the case for trial or sentence by the Attorney-General,
shall be—
(i) imprisonment for a period not exceeding ten years;
(ii) a fine not exceeding level twelve;
or both such fine and such imprisonment;
(d) a regional magistrate in respect of punishment for a contravention of
Chapter VII of the Criminal Law Code (“Crimes Relating to Dangerous
Drugs”), whether on summary trial or remittal of the case for trial or
sentence by the Attorney-General, shall be—
(i) imprisonment for a period not exceeding fifteen years;
(ii) a fine not exceeding level thirteen;
or both such fine and such imprisonment:
Provided that nothing in this subsection shall be construed as authorising any
magistrate to impose for any such offence or contravention a punishment greater

169
 than that prescribed by the Criminal Law Code for such offence or
contravention.
(5) For the purposes of paragraph (a) of subsection (4)—
“sexual offence” means—
(a) a contravention of section 65 (“Rape”), 66 (“Aggravated indecent
assault”), 67 (“Indecent assault”), 70 (“Sexual intercourse or
performing indecent acts with a young person”), 73 (“Sodomy”), 74
(“Bestiality”), 75 (“Sexual intercourse within a prohibited degree of
relationship”) or 76 (“Complicity in sexual crimes”) of the Criminal
Law Code; or
(b) an attempt to commit an offence referred to in paragraph (a).”.

PART VI
PRISONS ACT [CHAPTER 7:11]

1. In section 93 in subsection (1) by the deletion from paragraph (a) of “two years” and
the substitution of “seven years”.
2. By the repeal of Part XVI.

PART VII
CRIMINAL PROCEDURE AND EVIDENCE ACT [CHAPTER 9:07]

1. By the insertion after section 31 of the following section—

“31A Arrest by persons in charge of ship, boat or aircraft

(1) The commander or person in charge of any ship, boat or aircraft may without
warrant arrest any person whom he knows or on reasonable grounds believes to have
committed, to be committing or to be about to commit an offence aboard the ship,
boat or aircraft.
(2) A commander or person in charge of any ship, boat or aircraft may authorise
any member of the crew of the ship, boat or aircraft or any passenger aboard the ship,
boat or aircraft to assist him in arresting any person in terms of subsection (1), and the
member of the crew or the passenger so authorised shall have the same power to
effect the arrest as the commander or person in charge of the ship, boat or aircraft.”.
2. By the repeal of section 44.
3. By the insertion after section 62 of the following section—
“62A Forfeiture of unlawful consideration in cases of bribery
(1) In this section, “agent” and “principal” shall have the meaning given to those
terms by section 169 of the Criminal Law Code.
(2) Where a court has convicted a person of bribery and does not exercise its
powers in terms of section 62 to declare any consideration unlawfully obtained by the

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 convicted person to be forfeited to the State, the court may, in addition to passing
sentence give summary judgment in favour of
(a) the convicted person’s principal, where the convicted person was an agent
when the crime was committed; or
(b) in any other case, the State;
for an amount equal to the value of the consideration unlawfully received by the
convicted person, together with interest, calculated from the date on which the
convicted person received the consideration, at the highest rate permissible in terms
of the Moneylending and Rates of Interest Act [Chapter 14:14].
(3) A judgment given by a court in terms of subsection (1) shall have the same
effect and may be executed in the same manner as if the judgment had been given in a
civil action instituted in the court:
Provided that, in the case of a judgment given by the court of a regional
magistrate, a copy of the judgment, certified by the clerk of such court, shall be
forwarded to the court of the provincial magistrate for the province in which the trial
took place and thereupon shall be recorded and have the same effect as a civil
judgment of the court of such magistrate.”.
4. By the repeal of sections 207 to 223 and section 224.
5. By the repeal of section 223.
6. By the insertion after section 302 of the following sections—
“302A Testing of persons accused of sexual crimes for HIV infection
(1) In this section—
“accused person” means a person accused of committing a sexual crime;
“designated person” means a member of a class of persons designated for the
purposes of this section by the Minister responsible for health by notice in a
statutory instrument;
“sexual crime” means—
(a) rape; or
(b) aggravated indecent assault; or
(c) sexual intercourse or performing an indecent act with a young person,
involving any penetration of any part of his or her or another person’s
body that incurs a risk of transmission of HIV; or
(d) deliberate transmission of HIV; or
(e) an attempt to commit a crime specified in paragraph (a), (b), (c) or (d).
(2) For the purposes of section 80 of the Criminal Law Code (“Sentence for
certain crimes where accused is infected with HIV”), and without derogation from
any other law, when an accused person is first brought before a court for remand on a
charge of committing a sexual crime, or at any later stage, the court shall direct that
an appropriate sample or samples be taken from the accused person, at such place and

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subject to such conditions as the court may direct, for the purpose of ascertaining
whether or not he or she is infected with HIV.
(3) Where a court has given a direction under subsection (2), any medical
practitioner or designated person shall, if so requested in writing by a police officer
above the rank of constable, take an appropriate sample from the accused person, and
may use such force as is reasonably necessary in order to take the sample:
Provided that the medical practitioner or designated person may decline to take an
appropriate sample in terms of this subsection if he or she considers that such taking
would be prejudicial to the health or proper care or treatment of the accused person.
(4) An appropriate sample taken in terms of subsection (3)—
(a) shall consist of blood, urine or other tissue or substance as may be
determined by the medical practitioner or designated person concerned, in
such quantity as is reasonably necessary for the purpose of determining
whether or not the accused person is infected with HIV; and
(b) in the case of a blood or tissue sample, shall be taken from a part of the
accused person’s body selected by the medical practitioner or designated
person concerned in accordance with accepted medical practice.
(5) The sample or samples taken from an accused person in terms of this section
shall be tested for HIV as soon as possible and be stored at an appropriate place until
the conclusion of the trial:
Provided that—
(i) the results of the testing shall not be revealed at any time before or during
the trial, and only be revealed after the conclusion of the trial if the
accused person is convicted of a sexual crime;
(ii) every sample taken from an accused person in terms of this section shall
be destroyed if the accused person is acquitted.
(6) Without prejudice to any other defence or limitation that may be available in
terms of any law, no claim shall lie and no set-off shall operate against—
(a) the State; or
(b) any Minister; or
(c) any medical practitioner or designated person;
in respect of any detention, injury or loss caused by or in connection with the taking
of an appropriate sample in terms of subsection (3), unless the taking was
unreasonable or done in bad faith or the person who took the sample acted
negligently.
(7) Any person who, without reasonable excuse, hinders or obstructs the taking of
an appropriate sample in terms of subsection (3) shall be guilty of an offence and
liable to a fine not exceeding level seven or imprisonment for a period not exceeding
two years or both.

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 7. In section 323 (“Previous conviction not to be charged in indictment”) by the deletion
of “It” and the substitution of “Except where the fact of a previous conviction is an
essential element of the offence with which a person is charged, it”.
8. By the repeal of section 360.
8. In section 385 (“Prosecutions of corporations and members of associations”)—
(a) by the repeal of subsection (1) and the substitution of—
“(1) In this section—
“director”, in relation to a corporate body, means a person who—
(a) controls or governs that corporate body, whether lawfully or
otherwise; or
(b) is a member of a body or group of persons which controls or
governs that corporate body, whether lawfully or otherwise; or
(c) where there is no body or group such as is referred to in
paragraph (b), who is a member of the corporate body.”;
(b) by the repeal of subsection (2);
(c) in subsection (3) by the deletion from proviso (5) of “in terms of subsection (6)”
and the substitution of “in his personal capacity”;
(d) by the repeal of subsections (6) and (8);
(e) in subsection (9)
(i) by the deletion of “mentioned in subsection (8)”;
(ii) by the insertion after “agent of the association” of “, including the accused”.
10. By the repeal of the Third Schedule and the substitution of—
“THIRD SCHEDULE (Sections 116 and 123)
OFFENCES IN RESPECT OF WHICH POWER TO ADMIT
PERSONS TO BAIL IS EXCLUDED OR QUALIFIED

1 Murder.
2 Rape.
3 Robbery committed in aggravating circumstances as provided in section
126 (3) of the Criminal Law Code.
4 Kidnapping or unlawful detention.
5 Criminal damage committed in aggravating circumstances as provided in
section 141 of the Criminal Law Code.
6 Theft of a motor vehicle as defined in section 2 of the Road Traffic Act
[Chapter 13:11].
7 A conspiracy, incitement or attempt to commit any offence referred to in
paragraph 4 or 5.

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8 Any offence where the Attorney-General has notified a magistrate of his
intention to indict the person concerned in terms of subsection (1) of
section one hundred and one or subsection (1) of section one hundred and
ten.
9 Contravening section 20, 21, 22, 23, 24, 25, 26, 27 or 29 of the Criminal
Law Code.”.

PART VIII
PREVENTION OF CORRUPTION ACT [CHAPTER 9:16]

1. By the repeal of sections 3, 4 and 5.

2. In section 6 in subsection (1)—
(a) by the repeal of paragraphs (c) and (d) and the substitution of—
“(c) has accepted or obtained any benefit, advantage or profit corruptly or in
circumstances that amount to an offence in terms of this Act or Chapter IX
(“Bribery and Corruption”) of the Criminal Law Code;”;
(b) in paragraph (e) by the deletion of “, (c) or (d)” and the substitution of “or (c)”.
3. In section 14 in subsection (1) by the repeal of paragraph (a) of the definition of
“corrupt practice” and the substitution of—
“(a) any contravention of Chapter IX (“Bribery and Corruption”) of the
Criminal Law Code; or”;
4. In section 15—
(a) by the repeal of subsection (2);
(b) in subsection (4) by the deletion from paragraph (a) of “section three” the
substitution of “Chapter IX (“Bribery and Corruption”) of the Criminal Law
Code”.

PART IX
STOCK THEFT ACT [CHAPTER 9:18]

1. By the repeal of section 1 and the substitution of—

“1 Short title
This Act may be cited as the Stock Theft Prevention Act [Chapter 9:18].”.
2. In section 2 by the repeal of the definition of “public sale”.
3. By the repeal of sections 4, 5, 6 and 8.
4. In section 9 by the deletion of “offences referred to in section eleven” and the
substitution of “any contravention of subsection (2) or (3) of section 114 of the
Criminal Law Code”.

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5. In section 10 by the deletion of “any offence referred to in subsection (1), (2) or (3) of
section eleven” and the substitution of “any contravention of subsection (2) of section
114 of the Criminal Law Code”.
6. By the repeal of section 11.

PART X
PUBLIC ORDER AND SECURITY ACT [CHAPTER 11:07]

1. In section 2 by the repeal of the definitions of “act of insurgency, banditry, sabotage or

terrorism”, “bomb”, “essential service”, “insurgent, bandit saboteur or terrorist”, “law
enforcement agency”, “offensive material”, “official” and “weaponry”.
2. By the repeal of section 3.
3. By the repeal of the whole of Part II (“Offences Against Constitutional Government
and Public Security”) except for section 14 (“Temporary prohibition of possession of
certain weapons within particular police districts”).
4. By the repeal of the whole of Part III (“Offences Against Public Order”).
5. In section 14 by the deletion from subsection (1) of “Without derogation from section
thirteen” and the substitution of “Without derogation from section 38 (“Possession of
dangerous weapons”) of the Criminal Law Code”.
6. By the repeal of sections 30, 31 and 36.
7. In section 38—
(a) in subsection (1) by the deletion of “this Act” and the substitution of “Chapter III
(“Crimes Against the State”) or section 176 (“Assaulting or resisting peace
officer”) or 177 (“Undermining of police authority”) of the Criminal Law Code”;
8. In section 40—
(a) in subsection (1) by the insertion after “this Act” of “or of Chapter III (“Crimes
Against the State”), Chapter IV (“Crimes Against the Community”) or section 176
(“Assaulting or resisting peace officer”) or 177 (“Undermining of police
authority”) of the Criminal Law Code”;
(b) in subsection (2) by the insertion after “this Act” wherever it occurs of “ or any of
the provisions of the Criminal Law Code referred to in subsection (1)”;
(c) in subsection (3) —
(i) by the insertion after “this Act” where it occurs for the first time of “or any
provision of the Criminal Law Code referred to in subsection (1)”;
(ii) by the insertion after “this Act” where it occurs for the second time of “or
the Criminal Law Code”.

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 PART XI
POLICE ACT [CHAPTER 11:10]

By the insertion after section 67 of the following section—

“67A When police officer or constabulary member deemed to be acting in

execution of duty
A police officer, or a constabulary member of the Police Force, who in good faith
performs any act in accordance with or in the enforcement of any provision
purporting to be an enactment of a competent legislative authority shall,
notwithstanding any irregularity in the enactment of or defect in that provision or
want of jurisdiction on the part of the legislative authority, be deemed to be acting in
the execution of his duty.”.

PART XII
INLAND WATERS SHIPPING ACT [CHAPTER 13:06]

By the insertion after section 53 of the following sections—

“53A Use of vessel and interference therewith without owner’s consent

(1) Any person who—
(a) without lawful authority or reasonable cause, gets on to any vessel lying
on inland waters or in any port or harbour or on any land or interferes with
or wilfully injures such vessel or its accessories; or
(b) without the consent of the owner or person in lawful charge of the vessel,
uses or sails such boat on inland waters;
shall be guilty of an offence and liable to a fine not exceeding level six or to
imprisonment for a period not exceeding one year or to both such fine and such
imprisonment:
Provided that nothing in this subsection shall be construed as prohibiting any
police officer or any other person empowered thereto under any enactment from
performing the duties conferred and imposed upon him by this Act or any other
enactment.
(2) If, on the trial of any person on a charge of stealing a vessel, the court is of the
opinion that the accused was not guilty of stealing the vessel but was guilty of an
offence under subsection (1), the court may find him guilty of an offence under
subsection (1), and thereupon he shall be liable to punishment accordingly.

53B Power of police to stop and search vessel

(1) Where a police officer has reason to suspect that an offence has been
committed by any person on board a vessel on inland waters, it shall be lawful for
him to stop, go on board and search such vessel without warrant and to seize any

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 thing which he has reasonable grounds for believing will afford evidence as to the
commission of an offence under any law.
(2) Any person who, when called upon to stop a vessel under his control in terms
of subsection (1), fails to comply immediately with such request shall be guilty of an
offence and liable to a fine not exceeding level six or to imprisonment for a period not
exceeding one year or to both such fine and such imprisonment.”.

PART XIII
TOURISM ACT [CHAPTER 14:20]

By the repeal of section 58.

PART XIV
DANGEROUS DRUGS ACT [CHAPTER 15:03]

1. In section 2 by the insertion after subsection (2) of the following subsection—

“(3) Any word or expression to which a meaning has been assigned in Chapter
VII (“Crimes Involving Dangerous Drugs”) of the Criminal Law Code shall have the
same meaning when used in this Act.”.
2. By the repeal of sections 3, 4 and 5 and the substitution of the following section—

“3 Application of Part II
This Part applies to any dangerous drug referred to in paragraph (a) of the
definition of “dangerous drug” in section 155 of the Criminal Law Code (that is, any
coca bush, coca leaf, raw opium or cannabis plant).”.
3. By the repeal of Part III.
4. In section 10 by the repeal of subsection (2).
5. By the repeal of Part V and the substitution of—

“PART V
CONTROL OF DANGEROUS DRUGS

13 Interpretation in Part V
In this Part—
“the 1961 Convention” means the single Convention on Narcotic Drugs, 1961,
as amended by the 1972 Protocol Amending the Single Convention on
Narcotic Drugs, 1961;
“the 1971 Convention” means the Convention on Psychotropic Substances,
1971;
“the 1988 Convention” means the United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances, 1988;

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 “dangerous drug” has the meaning given to that term in section 155 of the
Criminal Law Code;
“dangerous drugs crime” means a crime specified in Chapter VII (“Crimes
Involving Dangerous Drugs”) of the Criminal Law Code;
“deal in”, in relation to a dangerous drug, includes to sell or to perform any act,
whether as a principal, agent, carrier, messenger or otherwise, in connection
with the delivery, collection, importation, exportation, trans-shipment,
supply, administration, manufacture, cultivation, procurement or
transmission of such drug;
“police district” means an area designated by the Commissioner of Police as a
police district for the purposes of the administration of the Police Force;
“scheduled drug” means a drug specified in Part I or Part II of the Schedule and
the term “Part I scheduled drug” shall be construed accordingly.

14 Specification of dangerous drugs

(1) Part I of the Schedule specifies dangerous drugs in compliance with the 1961,
1971 and 1988 Conventions
(2) Part II of the Schedule specifies other dangerous drugs.
(3) If it appears to the Minister that any derivative of morphine or cocaine or of
any salts of morphine or cocaine or any alkaloid of opium or any other drug of
whatever kind not specified in Part I of the Schedule—
(a) is or is likely to be productive, if improperly used, of ill effects
substantially of the same character or nature as or analogous to those
produced by morphine or cocaine; or
(b) is capable of being converted into a substance which is likely to be
productive, if improperly used, of such effects;
he may, by notice in a statutory instrument, after consultation with the Authority,
amend Part I of the Schedule by specifying such derivative or alkaloid or drug.
(4) If it is made to appear to the Minister that, in pursuance of article 12 of the
1988 Convention, a decision by the Commission on Narcotic Drugs of the Economic
and Social Council of the United Nations to include or delete from the annex to that
Convention any substance has been communicated by the Secretary-General of the
United Nations to the parties to that Convention, the Minister may, by notice in a
statutory instrument, amend Part I of the Schedule by specifying or deleting such
substance as a dangerous drug, as the case may.
(5) Whenever the Authority considers it necessary or desirable in the public
interest that any drug, other than one specified in accordance with the 1988
Convention, should be prohibited absolutely, it may, by notice in a statutory
instrument, after consultation with the Minister, amend Part II of the Schedule by
specifying such drug, and may in like manner amend or revoke such specification.

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14A Restriction on import and export of dangerous drugs
(1) No person shall import into or export from Zimbabwe—
(a) coca leaves, cannabis plant, raw opium or any drug specified in Part I of
the Schedule except under and in accordance with the terms of a licence
issued by the Authority;
(b) prepared opium, prepared cannabis, cannabis resin or any drug specified in
Part II of the Schedule.
(2) Any person who contravenes subsection (1) shall be guilty of unlawful dealing
in a dangerous drug as provided in section 156 of the Criminal Law Code.
(3) If at any time the importation into a foreign country of a dangerous drug
referred to in paragraph (a) of subsection (1) is prohibited or restricted by the laws of
that country, there shall, while that prohibition or restriction is in force, be attached to
every licence which is issued under this Act authorising the export of that drug from
Zimbabwe, such conditions as appear necessary for preventing or restricting, as the
case may be, the exportation of that drug from Zimbabwe to that country during such
time as the importation of that drug into that country is so prohibited or restricted, and
any such licences issued before the prohibition or restriction came into force shall, if
the Minister by order so directs, be deemed to be subject to the like conditions.

14B Authority may restrict lawful possession, etc., of dangerous drugs in

certain cases
(1) If any person who is a medical, dental or veterinary practitioner or
pharmaceutical chemist or other person who is authorised in terms of section 161
(“Persons who may lawfully possess, deal in or use dangerous drugs”) of the Criminal
Law Code to lawfully possess, deal in or use a dangerous drug—
(a) is convicted of a dangerous drugs crime or an offence under the repealed
Act or this Part; or
(b) is considered by the Authority to be prescribing, administering or
supplying any Part I scheduled drug in an irresponsible manner;
the Authority may, subject to this section, issue a direction to that person prohibiting
him from acquiring, possessing, prescribing, administering, manufacturing,
compounding or supplying, as may be appropriate, such Part I scheduled drug for
such period of time as the Authority shall specify in the direction.
(2) Before issuing any direction under subsection (1) the Authority shall direct the
Director-General to give written notice to the person concerned of its intention to
issue the direction.
(3) A notice given under subsection (2) shall—
(a) specify the terms of the proposed direction and the grounds on which the
Authority proposes to issue it;

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 (b) indicate that the person to whom it is directed may within a calendar
month of the receipt of the notice submit to the Director-General any
comments he may wish to put forward in connection with the matter.
(4) If—
(a) no comments are submitted under paragraph (b) of subsection (3); or
(b) after consideration of any comments submitted under paragraph (b) of
subsection (3) the Authority decides to issue the direction;
the Authority may direct the Director-General to issue the direction.
(5) any person aggrieved by a decision of the Authority to issue a direction under
subsection (1) may, within thirty days after the date of that decision, appeal to the
Administrative Court, but in such case the direction shall continue to have effect until
the appeal is determined.
(6) Any person subject to a direction issued under subsection (1) who contravenes
the terms of the direction shall be guilty of contravening section 156 (“Unlawful
dealing in dangerous drugs”) or 157 (“Unlawful possession or use of dangerous
drugs”) of the Criminal Law Code with respect of the acquisition, possession,
prescription, administration, manufacture, compounding or supply of the Part I
scheduled drug specified I the direction.

14C Regulations under Part V

(1) For the purpose of preventing the improper use of dangerous drugs, the
Minister may by regulation prohibit, control or restrict the cultivation, manufacture,
sale, possession or distribution of those drugs and, in particular, but without prejudice
to the generality of the foregoing—
(a) prohibit, control or restrict the cultivation, production, possession, sale,
use or distribution of coca bushes, cannabis plants and raw opium;
(b) prescribe measures to be taken for the eradication of plants, to which
regulations made under paragraph (a) apply, found to be growing wild;
(c) prohibit the manufacture of a Part I scheduled drug except on premises
licensed for the purpose by the Authority and subject to any terms and
conditions specified in the licence;
(d) prohibit the manufacture, sale or distribution of a Part I scheduled drug
except by persons licensed or otherwise authorized under the regulations;
(e) require precautions for the safe custody of Part I scheduled drugs;
(f) require the packaging and labelling of Part I scheduled drugs and specify
the manner of such packaging and labelling;
(g) regulate the transport of Part I scheduled drugs and the methods used for
destroying or otherwise disposing of such drugs when no longer required;

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 (h) regulate the issuing of prescriptions containing any Part I scheduled drug
and the supply of such drugs on prescription and the dispensing of any
such prescriptions;
(i) require persons issuing or dispensing prescriptions containing Part I
scheduled drugs to furnish to the Authority such information relating to
those prescriptions as may be prescribed;
(j) require persons engaged in the manufacture, sale and distribution of any
Part I scheduled drug to keep such books and furnish such information,
either in writing or otherwise, as may be prescribed;
(k) require any medical practitioner treating a person whom he considers, or
has reasonable grounds to suspect, is addicted to any dangerous drug, to
furnish such particulars concerning that person to the Permanent Secretary
responsible for health as may be prescribed;
(l) prohibit any medical practitioner from administering, supplying or
authorising the administration and supply to persons addicted to any
dangerous drug such drug, and from prescribing for such persons such
drug, except under and in accordance with the terms of a permit issued by
the Permanent Secretary responsible for health.
(m) regulate the fees payable for the issue or renewal or any licence,
application or thing done in terms of this Part;
(n) make any contravention of the regulations an offence and impose a fine
not exceeding level six for any such contravention.
(2) Regulations made under this section shall provide for authorising a person
lawfully carrying on business as a pharmaceutical chemist—
(a) in the ordinary course of his retail business to manufacture, at any
premises registered under Part VI, any preparation, admixture or extract of
a Part I scheduled drug;
(b) to carry on at any such premises the business of retailing, dispensing or
compounding any such drug;
subject to the power of the Authority to withdraw the authorisation in the case of a
person who has been convicted of a dangerous drugs crime, and who cannot, in the
opinion of the Authority, properly be allowed to carry on the business of a
manufacturing or selling or distributing, as the case may be, such a drug.

14D Powers of search, seizure and forfeiture

(1) Notwithstanding anything to the contrary contained in any other enactment,
and without derogation from section sixteen, if any inspector, customs officer, or
police officer above the rank of sergeant (or below the rank of sergeant with the
written authorisation of a police officer above the rank of sergeant) has reasonable
grounds for believing that any person is in unlawful possession of any dangerous
drug, he may, without a search warrant—

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 (a) enter upon any land where such person is believed to be, and there require
him to produce for his inspection such dangerous drug; or
(b) search such person or any animal in his possession, and enter and search
any land, building, vehicle, aircraft, train, vessel, or boat in the possession
or use of such person:
Provided that—
(i) a person shall be searched only by a person of like sex; and
(ii) such search shall be done with the strictest regard to decency and
decorum;
and seize any dangerous drug in the possession of such person and, unless he is
satisfied that such person will appear and answer any charge which may be preferred
against him, arrest and detain him.
(2) Any inspector, customs officer or police officer above the rank of sergeant (or
below the rank of sergeant with the written authorisation of a police officer above the
rank of sergeant) may at any time enter upon and inspect any land, building or other
structure on or in which plants, from which dangerous drugs are derived, may be
found, for the purpose of ascertaining if any such plants are being cultivated in
contravention of this Part or Chapter VII (“Crimes involving dangerous drugs”) of the
Criminal Law Code.
(3) If on any search or inspection made in terms of this section any dangerous
drug, pipe, receptacle or appliance for smoking or using the same or any plant which
it is suspected upon reasonable grounds is being cultivated in contravention of this
Part or Chapter VII (“Crimes involving dangerous drugs”) of the Criminal Law Code
is found, it may be seized and removed, together with any books, accounts or
documents relating thereto.
(4) Any person who is arrested and detained and any dangerous drug or article
which is seized in terms of subsection (1) or (3) shall be taken as soon as practicable
before a court of competent jurisdiction to be dealt with according to law.
(5) Any person who resists, hinders or obstructs an inspector or other person in
the lawful exercise of his powers under this section shall be guilty of an offence and
liable to a fine not exceeding level five or to imprisonment for a period not exceeding
six months or to both such fine and such imprisonment.
(6) If on the trial of any person for contravening or failing to comply with any
provision of this Act or any condition of any authority or licence issued thereunder it
is proved that any drug, pipe, receptacle, appliance or plant seized under this section
was produced, kept, used, sold, distributed or cultivated in contravention of this Act,
it shall be forfeited to the State.

14E Forfeiture on conviction, and prohibition from driving and flying

(1) Where any person is convicted of any dangerous drugs crime the court—
(a) shall order that any drug to which the conviction relates be forfeited to the
State, unless the drug is further required as an exhibit at a trial; and

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 (b) may order that any vehicle, aircraft, vessel, boat, animal, receptacle or
thing in or upon which such drug was found or was used for the purpose
of or in connection with such drug, be forfeited to the State, and section 62
of the Criminal Procedure and Evidence Act [Chapter 9:07] shall
thereupon apply, mutatis mutandis, in respect of the vehicle, aircraft,
vessel, boat, animal, receptacle, container or thing.
(2) If it is established to the satisfaction of the court convicting a person of a
dangerous drugs crime that the convicted person used any motor vehicle or aircraft to
convey the drug to which the conviction relates, the court may order that the
convicted person or, where the motor vehicle was driven or aircraft was flown by
another person who was a participant or accomplice in or accessory to the crime, such
other person, be prohibited from driving all classes of motor vehicles or flying all
types of aircraft for a period not exceeding fifteen years, as the case may be, and the
appropriate provisions of the Road Traffic Act [Chapter 13:11] or the Civil Aviation
Act [Chapter 13:] shall apply, mutatis mutandis, in respect of any such prohibition.

14F Safe custody of forfeited dangerous drugs

(1) Upon the conclusion of criminal proceedings resulting in the conviction of a
person of a dangerous drugs crime, the court shall order that any dangerous drugs
forfeited to the State, other than cannabis, be delivered forthwith to the police officer
in command of the police district where the drugs were seized for safe custody, and
shall ensure that such police officer and the Director-General are given full particulars
of such drugs, including their quantity and any other relevant information.
(2) Pending their destruction in terms of section fourteen G, the Director-General
shall store any drugs delivered to him under subsection (1) in a place of maximum
security under his personal control, free from contamination by moisture or dust, and
shall protect them from access by any other person, and keep and maintain them in
such a safe manner as to avoid and prevent any deterioration whatsoever.

14G Destruction of forfeited dangerous drugs and articles

(1) Within seven days of the receipt from the court of any consignment of
forfeited dangerous drugs the police officer in command of the police district to any
dangerous drugs are delivered in terms of section fourteen F (hereafter in this section
called “the custodian police officer”) shall communicate in writing to the
Commissioner of Police, the Director-General, the Commissioner-General of the
Zimbabwe Revenue Authority and the Attorney-General, the full particulars of such
drugs, including their quantity and all other relevant information, which shall, in
every material respect, correspond strictly with the particulars furnished to the
custodian police officer and the Director-General by the court at the time of delivery
to him of the forfeited dangerous drugs.
(2) Within fourteen days of the written communication referred to in subsection
(1), the custodian police officer shall appoint a date and time, which shall not be
before the expiry of the period within which an appeal against the conviction
concerned may be noted, for the total destruction by incineration of such drugs:

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 Provided that, where an appeal has been noted, the drugs shall not be destroyed
until such time as the appeal has been abandoned or determined, whereupon this
subsection shall apply.
(3) For the purposes of subsection (2) there is hereby constituted a panel
comprising a police officer of or above the rank of superintendent designated by the
Commissioner of Police, a senior customs officer designated by the Commissioner-
General of the Zimbabwe Revenue Authority, the Director-General or an inspector
designated by him and a senior official of the Ministry responsible for justice
designated by the Attorney-General, who shall, if they so decide whether on their own
initiative or at the request of the custodian police officer concerned, assist the
custodian police officer in the destruction of all dangerous drugs, other than cannabis
plants, forfeited to the State.
(4) On the date and time appointed by the custodian police officer under
subsection (2), the panel referred to in subsection (3) may attend to the destruction by
incineration of the drugs concerned in the full view and presence of each other and,
immediately thereafter, shall sign a joint declaration in the prescribed form, attesting
to the total destruction of the drugs.
(5) Within fourteen days of the destruction of any dangerous drugs forfeited to the
State, the Director-General shall cause to be published in the Gazette for public
information the joint declaration referred to in subsection (4).
(6) Whenever the custodian police officer is prevented by illness or other
reasonable cause from discharging his functions under this section, such functions
shall be discharged by any police officer of or above the rank of sergeant designated
by the custodian police officer for that purpose.
(7) Cannabis or other article forfeited under this Part shall, unless the court
otherwise directs, be burned or otherwise destroyed in the presence of a specified
police officer.

14H Forfeiture on acquittal or withdrawal of charge

At the conclusion of any proceedings in connection with a dangerous drugs crime,
resulting in the accused being acquitted or the charge against him being withdrawn or
otherwise dismissed, the court shall order that any drug, other than cannabis, which
was seized in connection with the proceedings, shall be forfeited to the State, and
sections fourteen F and fourteen G shall apply, mutatis mutandis, in relation to the
drug:
Provided that, if the drug is further required as an exhibit at a trial, this section
shall not apply in relation to the drug.

14J Forfeiture where no criminal proceedings are instituted

If any dangerous drug, other than cannabis, has been seized by a police officer or
any other public officer and no criminal proceedings are instituted in connection
therewith and the drug is not further required as an exhibit at a trial, the drug shall be
forfeited to the State and the police officer or other public officer concerned shall

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 deliver the drug to the Director-General as though the court had made an order in
respect of that drug under section fourteen G, and thereafter section fourteen H and
shall apply, mutatis mutandis, in relation to the drug.”.
5. By the repeal of section 17.
6. In section 19 by the repeal of subsections (2), (3), (4) and (7).
7. By the repeal of sections 20 to 25.
8. By the repeal of the Schedule and the substitution of—

“SCHEDULE (Section 14)

SCHEDULED DRUGS

PART I
DANGEROUS DRUGS SPECIFIED IN COMPLIANCE WITH 1961, 1971 AND 1988
CONVENTIONS

1. The following substances or plants, namely—

Acetorphine; Acetyldihydrocodeine; Acetylmethadol; Alfentanil; Allylprodine;
Alphacetylmethadol; Alphameprodine; Alphamethadol; Alphaprodine; Anileridine.
Benzethidine; Benzylmorphine; Betacetylmethadol; Betameprodine;
Betamethadol; Betaprod; Bezitramide.
Desomorphine; Dextromoramide; Dextropropoxyphene; Diampromide;
Diethylthiambutene; Difenoxin (or diphenoxylic acid), except mixtures containing,
per dosage unit, not more than 0,5 milligrams of difenoxin, calculated as the base,
and a quantity of atropine sulphate equal to at 5,0 per cent of the quantity of
difenoxin, calculated as the base, which is present in the mixture; Dihydromorphine;
Dimenoxadol; Dimepheptanol; Dimethylthiambutene; Dioxaphetylbutyrate;
Diphenoxylate, except preparations containing not more than 2,5 milligrams of
diphenoxylate, calculated as the base, and not less than 25 micrograms of atropine
sulphate per dosage unit; Dronabinol [(-) transdelta-9-tetrahydrocannabinol];
Drotebanol.
Ecgonine and the esters and derivatives thereof which are convertible to
ecgonine and cocaine; Ethylmethylthiambutene; Ethylmorphine; Etonitazene;
Etorphine; Etoxeridine.
Fentanyl; Furethidine.
Hydrocodone (dihydrocodeinone); Hydromorphinol (14-
hydroxydiihydromorphine); Hydromorphone (dihydromorphinone);
Hydroxypethidine.
Isomethadone.
Ketobemidone.
Levomoramide; Levophenacylmorphan; Levorphanol.

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 Mefenorex; Metazocine; Methadone; Methadone-intermediate; Methorphan,
including levomethorphan and racemethorphan, but excluding dextromethorphan;
Methyldesorphine; Methyldihydromorphine; Methylphenidate and the derivatives
thereof; Metopon; Moramide-intermediate; Morpheridine; Morphine, except
preparations and mixtures of morphine containing not more than 0,2 per cent of
morphine, calculated as anhydrous morphine; Morphine methobromide and other
pentavalent nitrogen morphine derivatives; Morphine-N-oxide and the derivatives
thereof.; Myrophine (myristylbenzylmorphine).
Nicocodine; Nicodicodine; Nicomorphine; Noracymethadol; Norcodeine, except
preparations and mixtures containing not more than 20 milligrams norcodeine per
recommended or prescribed dose; Norlevorphanol; Normethadone; Normorphine
(demethylmorphine or N-demethylated morphine); Norpipanone.
Opium and opiates and any salt, compound, derivative or preparation of opium
or opiates, whether obtained directly or indirectly by extraction from material or
substances obtained from plants, or obtained independently by chemical synthesis,
or by a combination of extraction and chemical synthesis, except mixture containing
not more than 0,2 per cent or morphine, calculated as anhydrous morphine; Opium-
poppy and poppy straw, whether obtained directly or indirectly by extraction from
material or substances obtained from plants, or whether obtained independently by
chemical synthesis, or by a combination of extraction and chemical synthesis;
Oxycodone (14-hydroxydihydrocodeinone or dihydrohydroxycodeinone);
Oxymorphone (14-hydroxydihydromorphinone or dihydrohydroxymorphinone).
Pethidine, pethidine-intermediate A, pethidine-intermediate B and pethidine-
intermediate C; Phenadoxone; Phenampromide; Phenazocine; Phenomorphan;
Phenoperidine; Piminodine; Piritramide; Proheptazine; Properidine; Propiram.
Racemoramide; Racemorphan.
Sufentanil.
Thebacon; Thebaine; Tilidine; Trimeperidine.

2. Unless expressly excluded, all substances included in this Part include the
following:
(a) the isomers of the specified substances, where the existence of such isomers
is possible;
(b) the esters and ethers of the specified substances and of the isomers referred
to in subparagraph (a), as well as the isomers of such esters and ethers, where
the existence of such esters, ethers and isomers is possible;
(c) the salts of the specified substances, of the isomers referred to in
subparagraph (a) and of the esters, ethers and isomers referred to in
subparagraph (b), as well as the isomers of such salts, where the existence of
such salts and isomers is possible; and
(d) all preparations and mixtures of the specified substances and of the isomers,
esters, ethers and salts referred to in this paragraph.

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 PART II
OTHER DANGEROUS DRUGS

Bufotenine; Glutethamide; Lysergamide; Lysergide and other N-alkyle derivatives of

lysergamide, including the drug commonly known as LSD, but not including methysergide
maleate; Mescaline; Methaqualone (“Mandrax”); Meghyprylon; Psilocin; Psilocybin; N.N-
Diethyltryptamine; N.N-Dimethyltryptamine; 2,5-Dimethoxy-4, a, dimethylphenethlaine;
Any stereoisomeric form, ester, ether or salt of a substance prohibited and any preparation
containing any proportion of the abovementioned drugs.”.

PART XV
MEDICINES AND ALLIED SUBSTANCES CONTROL ACT [CHAPTER 15:03]

By the repeal of Part V.

PART XVI
PUBLIC HEALTH ACT [CHAPTER 15:09]

By the repeal of section 50.

PART XVII
HOUSING AND BUILDING ACT [CHAPTER 22:07]

1. By the deletion of the title of Part VI and the substitution of “Rent Control and
Avoidance of Certain Leases”.
2. By the repeal of section 22 and the substitution of—

“22 Application of Part VI

(1) Sections 23 and 24 shall apply in relation to domestic premises and any other
premises which are not subject to the Commercial Premises (Lease Control) Act
[Chapter 14:04].
(2) Section 24A shall apply to all premises, including those subject to the
Commercial Premises (Lease Control) Act [Chapter 14:04].”.
3. By the insertion in Part VI after section 24 of the following section—

“24A Avoidance of leases of premises used as brothels

(1) If an owner or lessor becomes aware that any premises leased by him or her
are kept or used as a brothel (as defined in subsection (1) of section 61 of the
Criminal Law Code) by or with the consent or acquiescence of the lessee, the lease
shall be voidable at the instance of the owner or lessor, who may thereupon repossess
the premises.
(2) The reference in subsection (1) to a lease includes a sublease, and “lessee” and
“lessor” shall be construed accordingly.

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 (3) A magistrate shall have jurisdiction, on the application of the owner or lessor
of any place within the magistrate’s province which is being kept or used as a brothel,
to order summary ejectment of any person who is so keeping or using the place.”.

PART XVIII
MENTAL HEALTH ACT, 1996 (NO. 15 OF 1996)

1. In section 29 by the deletion from subsection (2) of “so as not to be responsible for the
act” and the substitution of “so as to have a complete defence in terms of section 249 of
the Criminal Law Code, 2002,”.
2. By the insertion after section 110 of the following section—

“110A Application for sterilisation of mentally disordered or intellectually

handicapped female person by parent, guardian, spouse etc.
(1) The parent, guardian, spouse or any other person capable in law of giving
consent on behalf of a mentally disordered or intellectually handicapped female
person may apply to the High Court for an order authorising her sterilisation.
(2) If the High Court is satisfied that
(a) on the evidence of at least two medical practitioners, a female person is
mentally disordered or intellectually handicapped, and that it is in her best
interests that she should be sterilised; and
(b) her parent, guardian, spouse or any other person capable in law of giving
consent on her behalf has consented to her sterilisation;
the High Court may order that she should be sterilised.
(3) Except as authorised by this section, no mentally disordered or intellectually
handicapped female person shall be sterilised.”.

SEVENTH SCHEDULE (Sections 283)

REPEALS

Aircraft (Offences) Act [Chapter 9:01]

Concealment of Birth Act [Chapter 9:04]
Infanticide Act [Chapter 9:12]
Miscellaneous Offences Act [Chapter 9:15]
Miscellaneous Offences Act [Chapter 68 of the 1974 Revised Edition of the Laws]
Witchcraft Suppression Act [Chapter 9:19]
Sexual Offences Act [Chapter 9:21]

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