Government Gazettes Bill to Enforce Civil Service Resignations, Ban Strikes, and Expand Maternity Leave
The Government of Zimbabwe has officially gazetted the Public Service Amendment Bill, a wide-reaching legislative proposal that seeks to bring key public service policies in line with the Constitution.
The Bill introduces several major reforms, including mandatory resignation of civil servants who assume political office, a ban on industrial action by essential service providers, and expanded maternity benefits for female employees.
The Bill is now set to be tabled in Parliament following Cabinet approval.
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Mandatory Resignation for Civil Servants Who Enter Politics
One of the most significant provisions of the Bill is a clause requiring any civil servant who becomes a Member of Parliament or councillor to resign from public service within 30 days of assuming office.
This aligns with Section 129(h) of the Constitution, which stipulates that public officers must relinquish their roles within a month of being declared elected.
Clause 20 of the Bill reads:
“Any member seeking election to Parliament and Local Authorities shall be subjected to the provisions of section 129(h) and 278(1) of the Constitution, respectively.”
The move is aimed at eliminating conflicts of interest and ensuring the separation between the civil service and political functions.
Essential Service Providers Barred from Industrial Action
In response to repeated strikes by health workers in recent years, the Bill also introduces a firm ban on industrial action by civil servants providing essential services, particularly in the healthcare sector.
Clause 22 states:
“Subject to this Act, members of the Public Service have the right to participate in collective job action unless they are employed in any department, service or section of the Public Service that has been declared to be an essential service.”
Essential services, as defined in Clause 3, include any function whose interruption would pose an immediate risk to life, safety, or health.
This provision is expected to curb disruptive job actions that have previously paralysed operations at major referral hospitals, resulting in avoidable loss of life and delays in medical services.
Expanded Maternity Leave with No Limits or Waiting Period
Clause 23 of the Bill introduces progressive maternity benefits for female employees in the public service. It provides for 98 days of maternity leave on full pay — without requiring a minimum period of service and without limiting the number of times it can be taken.
This is an enhancement of the current entitlement under the Labour Act [Chapter 28:01], which limits paid maternity leave to employees who have served for at least one year and only for a maximum of three times.
The new provision is being lauded as a move to promote gender equality and align the public service with modern labour standards.
Public Service Commissioners to Declare Assets
To further enhance transparency and accountability, the Bill also introduces a requirement for Public Service Commissioners to declare their assets. This measure aims to bolster integrity within the highest levels of the public service structure and improve public confidence in governance systems.
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