{ "id": "zw-1972-13", "type": "statute", "title": "Privileges and Immunities Act", "title_en": "Privileges and Immunities Act", "short_name": "zw-1972-13", "status": "in_force", "issued_date": "1972-01-01", "in_force_date": "1972-01-01", "url": "https://zimlii.org/akn/zw/act/1972/13/eng@2016-12-31", "provisions": [ { "provision_ref": "s1", "chapter": "Part I", "section": "1", "title": "Short title", "content": "1. Short title This Act may be cited as the Privileges and Immunities Act [Chapter 3:03] ." }, { "provision_ref": "s2", "chapter": "Part I", "section": "2", "title": "Interpretation", "content": "2. Interpretation In this Act— “ Minister ” means the Minister of Foreign Affairs; “ mission ” means a diplomatic mission of any State; “ Secretary ” means the Secretary for Foreign Affairs; “ Vienna Convention on Consular Relations ” means the Vienna Convention on Consular Relations signed at Vienna on the 24th April, 1963; “ Vienna Convention on Diplomatic Relations ” means the Vienna Convention on Diplomatic Relations signed at Vienna on the 18th April, 1961. Part II – Diplomatic privileges and immunities" }, { "provision_ref": "s3", "chapter": "Part II", "section": "3", "title": "Application of Vienna Convention on Diplomatic Relations", "content": "3. Application of Vienna Convention on Diplomatic Relations (1) Subject to this Act, the Articles of the Vienna Convention on Diplomatic Relations set out in the First Schedule shall have the force of law in Zimbabwe. (2) In the Articles referred to in subsection (1)— “agent of the receiving State” shall be construed as including a reference to any police officer or other person exercising a power of entry into any premises in Zimbabwe in terms of any enactment; “member of the family”, in relation to any person, shall be construed as meaning— (a) the spouse or any dependent child of that person; and (b) any other person deemed by the Minister to be a member of the family in question; “national of the receiving State” shall be construed as a reference to a citizen of Zimbabwe; “receiving State” shall be construed as a reference to Zimbabwe. (3) The references in Articles 37 and 38 of the Vienna Convention on Diplomatic Relations to the extent to which any privileges or immunities are admitted by the receiving State and to additional privileges and immunities that may be granted by the receiving State shall be construed as referring respectively to the extent to which any privileges and immunities may be specified by the President, by notice in the Gazette , and to any additional privileges and immunities that may be so specified." }, { "provision_ref": "s4", "chapter": "Part II", "section": "4", "title": "Withdrawal of privileges and immunities", "content": "4. Withdrawal of privileges and immunities (1) Where it appears to the President that the privileges and immunities accorded to a mission of Zimbabwe in any State, or to persons connected with that mission , are less than those conferred in terms of this Act or any other enactment in relation to the mission of that State or to persons connected with that mission , the President may, by notice in the Gazette , withdraw, modify or restrict, in relation to the mission of that State, or to persons connected with that mission , such of the privileges and immunities so conferred to such extent as appears to the President to be proper. (2) The President may, by notice in the Gazette , repeal or amend any notice made in terms of subsection (1). Part III – Consular privileges and immunities" }, { "provision_ref": "s5", "chapter": "Part III", "section": "5", "title": "Application of Vienna Convention on Consular Relations", "content": "5. Application of Vienna Convention on Consular Relations (1) Subject to this Act, the Articles or parts thereof of the Vienna Convention on Consular Relations set out in the Second Schedule shall have the force of law in Zimbabwe. (2) In the Articles referred to in subsection (1)— “authority of the receiving State” shall be construed as including a reference to any police officer or other person exercising a power of entry into any premises in Zimbabwe in terms of any enactment; “member of the family”, in relation to any person, shall be construed as meaning— (a) the spouse or any dependent child of that person; and (b) any other person deemed by the Minister to be a member of the family in question; “national of the receiving State” shall be construed as reference to a citizen of Zimbabwe; “receiving State” shall be construed as a reference to Zimbabwe. (3) The references in Article 44 of the Vienna Convention on Consular Relations to matters connected with the exercise of the functions of members of a consular post shall be construed as references to matters connected with the exercise of consular functions by consular officers or consular employees. (4) The references in Article 71 of the Vienna Convention on Consular Relations to additional privileges and immunities that may be granted by the receiving State or to privileges and immunities so far as these are granted by the receiving State shall be construed as referring to such privileges and immunities as may be specified by the President, by notice in the Gazette ." }, { "provision_ref": "s6", "chapter": "Part III", "section": "6", "title": "Withdrawal of privileges and immunities", "content": "6. Withdrawal of privileges and immunities (1) Where it appears to the President that the privileges and immunities accorded to a consular post of Zimbabwe in any State or to persons connected with such consular post are less than those conferred in terms of this Act or any other enactment in relation to a consular post of that State or to persons connected with such consular post, the President may, by notice in the Gazette , withdraw, modify or restrict, in relation to all or any of the consular posts of that State or to such persons connected therewith, such of the privileges and immunities so conferred as appears to the President to be proper. (2) The President may, by notice in the Gazette , repeal or amend any notice made in terms of subsection (1). Part IV – Privileges and immunities of international organizations and persons connected therewith" }, { "provision_ref": "s7", "chapter": "Part IV", "section": "7", "title": "Privileges and immunities of specified international organizations", "content": "7. Privileges and immunities of specified international organizations (1) The President may, by notice in the Gazette , confer upon any international or regional organization or agency (hereinafter called the organization) specified in such notice all or any of the privileges and immunities set out in Part I of the Third Schedule. (2) A notice made in terms of subsection (1)— (a) may confer upon— (i) any persons who are representatives of any organ of the organization or are members of any committee of the organization or any organ thereof; (ii) such officers of the organization as may be specified in the notice, being the holders of such high offices in the organization as may be so specified; (iii) such persons employed on missions on behalf of the organization as may be specified in the notice; all or any of the privileges and immunities set out in Part II of the Third Schedule; (b) may confer upon such other classes of officers and servants of the organization as may be specified in the notice all or any of the privileges and immunities set out in Part III of the Third Schedule; and Part IV of the Third Schedule shall have effect for the purpose of extending to the staffs of such representatives and members as are mentioned in subparagraph (i) of paragraph (a) and to the families of officers of the organization any privileges and immunities conferred on the representatives, members or officers in terms of that paragraph, except in so far as the operation of Part IV of the Third Schedule is excluded by the notice conferring the privileges and immunities. (3) The President may, by notice in the Gazette , repeal or amend any notice made in terms of subsection (1)." }, { "provision_ref": "s8", "chapter": "Part IV", "section": "8", "title": "Privileges and immunities of representatives attending international conferences", "content": "8. Privileges and immunities of representatives attending international conferences (1) Where— (a) a conference is held in Zimbabwe and is attended by representatives of the governments of one or more States or of any of the territories for whose international relations any of those governments is responsible; and (b) it appears to the Minister that doubts may arise as to the extent to which the representatives of those governments and members of their official staffs are entitled to privileges and immunities; the Minister may cause a list of such persons as he thinks are entitled to such privileges and immunities to be published in the Gazette and thereupon such persons shall be entitled to the privileges and immunities which, in terms of customary international law and usage, this Act or any other enactment, are accorded to the head of a mission and members of his official staff respectively. (2) Whenever he deems it expedient, the Minister may, by notice in the Gazette , cancel or amend any list referred to in subsection (1)." }, { "provision_ref": "s9", "chapter": "Part IV", "section": "9", "title": "Privileges and immunities of international courts", "content": "9. Privileges and immunities of international courts (1) The President may, by notice in the Gazette , confer upon the judges, registrars and other officers of any international court and upon suitors thereto and their legal representatives such privileges, immunities and facilties as appear to him to be desirable. (2) The President may, by notice in the Gazette , repeal or amend any notice made in terms of subsection (1). Part V – General" }, { "provision_ref": "s10", "chapter": "Part V", "section": "10", "title": "List of persons entitled to privileges and immunities", "content": "10. List of persons entitled to privileges and immunities (1) The Minister may cause a list of the persons appearing to him to be entitled to privileges and immunities in terms of customary international law and usage, this Act or any other enactment to be published in the Gazette , except— (a) children under the age of eighteen years of a person so entitled; or (b) any person whose name appears on a list referred to in subsection (1) of section eight. (2) Whenever he deems it expedient, the Minister may, by notice in the Gazette , cancel or amend any list referred to in subsection (1)." }, { "provision_ref": "s11", "chapter": "Part V", "section": "11", "title": "Exemption from special restrictions on occupation of immovable property", "content": "11. Exemption from special restrictions on occupation of immovable property No enactment or condition in a title deed which prohibits the occupation of immovable property by persons belonging to any particular racial group shall be construed to prohibit the occupation of immovable property by any person whose name appears on a list referred to in subsection (1) of section eight or subsection (1) of section ten and the family of such person if such immovable property is occupied exclusively for the purposes of the office or residence of the person concerned." }, { "provision_ref": "s12", "chapter": "Part V", "section": "12", "title": "Identity cards", "content": "12. Identity cards (1) The Secretary may issue to any person entitled to privileges and immunities in terms of customary international law and usage, this Act or any other enactment, an identity card in the form prescribed. (2) The Secretary may at any time revoke the issue in terms of subsection (1) of any identity card and may recover the same. (3) No person who carries on the business of selling goods or is employed in such a business shall, on the ground of race alone, refuse— (a) admission to the business premises; or (b) to sell any goods; to the holder of an identity card who produces the card to him. (4) No proprietor shall, on the ground of race alone, refuse admission to a hotel, restaurant or entertainment to the holder of an identity card who produces the card to him. (5) Any person or proprietor who contravenes subsection (3) or (4) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment. [subsection as amended by Act 22 of 2001 ] (6) In any criminal proceedings in terms of this section any— (a) person mentioned in subsection (3) who refuses— (i) admission to his business premises; or (ii) to sell any goods; or (b) proprietor who refuses admission to a hotel, restaurant or entertainment; to the holder of an identity card shall, unless the contrary is proved, be deemed to have done so on the ground of race alone. (7) In this section— “admission” includes the supply of accommodation, food, drink and other facilities and services ordinarily supplied to members of the public by a proprietor; “entertainment” means any exhibition, performance, amusement, contest, game or sport to which members of the public are admitted for payment; “hotel” includes a boarding-house, hostel, pension, rest-house and similar place; “identity card” means an identity card issued in terms of subsection (1); “proprietor”, in relation to a hotel, restaurant or entertainment, includes any person responsible for the management thereof; “restaurant” includes any bar or beer-hall and any other place where food or drink is served to members of the public for payment." }, { "provision_ref": "s13", "chapter": "Part V", "section": "13", "title": "Identification plates", "content": "13. Identification plates (1) The Minister may, by notice in the Gazette , specify forms of identification plates for the purposes of this section. (2) The Secretary may issue specified identification plates in respect of such motor vehicles used by persons entitled to privileges and immunities in terms of customary international law and usage, this Act or any other enactment as he thinks fit. (3) The Secretary may at any time revoke the issue in terms of subsection (2) of any specified identification plate and recover the same. (4) Any person who displays on any motor vehicle— (a) any specified identification plate which has not been issued in terms of subsection (2) in respect of that vehicle; or (b) anything so closely resembling a specified identification plate as to be likely to deceive; 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. [subsection as amended by Act 22 of 2001 ] (5) Notwithstanding anything to the contrary in the Vehicle Registration and Licensing Act [Chapter 13:14] , a motor vehicle in respect of which a specified identification plate has been issued in terms of subsection (3) shall be deemed to be registered and licensed in terms of that Act. (6) In this section— “specified identification plate” means an identification plate which is in the form specified by the Minister in terms of subsection (1)." }, { "provision_ref": "s14", "chapter": "Part V", "section": "14", "title": "Evidence", "content": "14. Evidence If in any proceedings any question arises whether any person is entitled to any privilege or immunity in terms of customary international law and usage, this Act or any other enactment, a certificate issued by or under the hand of the Minister stating any fact relating to that question shall be conclusive evidence of that fact." }, { "provision_ref": "s15", "chapter": "Part V", "section": "15", "title": "Regulations", "content": "15. Regulations (1) Subject to subsection (2), the Minister may by regulation provide for all matters which, in his opinion, are necessary or convenient to be provided for in order to carry out or give effect to the provisions of this Act. (2) Regulations made in terms of subsection (1) may prescribe offences and provide penalties therefor: Provided that such penalties shall not exceed the penalties set out in subsection (4) of section thirteen. First Schedule (Section 3) Articles of the Vienna Convention of Diplomatic Relations having the force of law in Zimbabwe Article 1 For the purpose of the present Convention, the following expressions shall have the meanings hereunder assigned to them— (a) the “head of the mission” is the person charged by the sending State with the duty of acting in that capacity; (b) the “members of the mission” are the head of the mission and the members of the staff of the mission; (c) the “members of the staff of the mission” are the members of the diplomatic staff, of the administrative and technical staff and of the service staff of the mission; (d) the “members of the diplomatic staff” are the members of the staff of the mission having diplomatic rank; (e) a “diplomatic agent” is the head of the mission or a member of the diplomatic staff of the mission; (f) the “members of the administrative and technical staff” are the members of the staff of the mission employed in the administrative and technical service of the mission; (g) the “members of the service staff” are the members of the staff of the mission in the domestic service of the mission; (h) a “private servant” is a person who is in the domestic service of a member of the mission and who is not an employee of the sending State; (i) the “premises of the mission” are the buildings or parts of buildings and the land ancillary thereto, irrespective of ownership, used for the purposes of the mission including the residence of the head of the mission; Article 22 [Please note: numbering as in original.] 1. The premises of the mission shall be inviolable. The agents of the receiving State may not enter them, except with the consent of the head of the mission. 2. The receiving State is under a special duty to take all appropriate steps to protect the premises of the mission against any intrusion or damage and to prevent any disturbance of the peace of the mission or impairment of its dignity. 3. The premises of the mission, their furnishings and other property thereon and the means of transport of the mission shall be immune from search, requisition, attachment or execution. Article 23 1. The sending State and the head of the mission shall be exempt from all national, regional or municipal dues and taxes in respect of the premises of the mission, whether owned or leased, other than such as represent payment for specific services rendered. 2. The exemption from taxation referred to in this Article shall not apply to such dues and taxes payable under the law of the receiving State by persons contracting with the sending State or the head of the mission. Article 24 The archives and documents of the mission shall be inviolable at any time and wherever they may be. Article 27 [Please note: numbering as in original.] 1. The receiving State shall permit and protect free communication on the part of the mission for all official purposes. In communicating with the Government and the other missions and consulates of the sending State, wherever situated, the mission may employ all appropriate means, including diplomatic couriers and messages in code or cipher. However, the mission may install and use a wireless transmitter only with the consent of the receiving State. 2. The official correspondence of the mission shall be inviolable. Official correspondence means all correspondence relating to the mission and its functions. 3. The diplomatic bag shall not be opened or detained. 4. The packages constituting the diplomatic bag must bear visible external marks of their character and may contain only diplomatic documents or articles intended for official use. 5. The diplomatic courier, who shall be provided with an official document indicating his status and the number of packages constituting the diplomatic bag, shall be protected by the receiving State in the performance of his functions. He shall enjoy personal inviolability and shall not be liable to any form of arrest or detention. 6. The sending State or the mission may designate diplomatic couriers ad hoc . In such cases the provisions of paragraph 5 of this Article shall also apply, except that the immunities therein mentioned shall cease to apply when such a courier has delivered to the consignee the diplomatic bag in his charge. 7. A diplomatic bag may be entrusted to the captain of a commercial aircraft scheduled to land at an authorized port of entry. He shall be provided with an official document indicating the number of packages constituting the bag but he shall not be considered to be a diplomatic courier. The mission may send one of its members to take possession of the diplomatic bag directly and freely from the captain of the aircraft. Article 28 The fees and charges levied by the mission in the course of its official duties shall be exempt from all dues and taxes. Article 29 The person of a diplomatic agent shall be inviolable. He shall not be liable to any form of arrest or detention. The receiving State shall treat him with due respect and shall take all appropriate steps to prevent any attack on his person, freedom or dignity. Article 30 1. The private residence of a diplomatic agent shall enjoy the same inviolability and protection as the premises of the mission. 2. His papers, correspondence and, except as provided in paragraph 3 of Article 31, his property, shall likewise enjoy inviolability. Article 31 1. A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction, except in the case of— (a) a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission: (b) an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; (c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions. 2. A diplomatic agent is not obliged to give evidence as a witness. 3. No measures of execution may be taken in respect of a diplomatic agent except in the cases coming under subparagraphs (a), (b) and (c) of paragraph 1 of this Article, and provided that the measures concerned can be taken without infringing the inviolability of his person or of his residence. 4. The immunity of a diplomatic agent from the jurisdiction of the receiving State does not exempt him from the jurisdiction of the sending State. Article 32 1. The immunity from jurisdiction of diplomatic agents and of persons enjoying immunity under Article 37 may be waived by the sending State. 2. Waiver must always be express. 3. The initiation of proceedings by a diplomatic agent or by a person enjoying immunity from jurisdiction under Article 37 shall preclude him from invoking immunity from jurisdiction in respect of any counterclaim directly connected with the principal claim. 4. Waiver of immunity from jurisdiction in respect of civil or administrative proceedings shall not be held to imply waiver of immunity in respect of the execution of the judgment, for which a separate waiver shall be necessary. Article 33 1. Subject to the provisions of paragraph 3 of this Article, a diplomatic agent shall with respect to services rendered for the sending State be exempt from social security provisions which may be in force in the receiving St" } ], "definitions": [ { "term": "Minister", "definition": "Minister ” means the Minister of Foreign Affairs", "source_provision": "s2" }, { "term": "mission", "definition": "mission ” means a diplomatic mission of any State", "source_provision": "s2" }, { "term": "Secretary", "definition": "Secretary ” means the Secretary for Foreign Affairs", "source_provision": "s2" }, { "term": "Vienna Convention on Consular Relations", "definition": "Vienna Convention on Consular Relations ” means the Vienna Convention on Consular Relations signed at Vienna on the 24th April, 1963", "source_provision": "s2" } ] }