State Liabilities Act (Chapter 8:14)
Zimbabwe
State Liabilities Act
Chapter 8:14
-
Commenced on 13 May 1932
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
This Act may be cited as the State Liabilities Act [Chapter 8:14]. Any claim against the State which would, if that claim had arisen against a private person, be the ground of an action in any competent court, shall be cognizable by any such court, whether the claim arises or has arisen out of any contract lawfully entered into on behalf of the State or out of any wrong committed by any officer or employee of the State acting in his capacity and within the scope of his authority as such officer or employee, as the case may be. In any action or other proceedings which are instituted by virtue of section two, the plaintiff, the applicant or the petitioner, as the case may be, may make the Minister to whom the headship of the Ministry or department concerned has been assigned nominal defendant or respondent:Provided that, where the headship of the Ministry or department concerned has been assigned to a Vice-President, he may be made nominal defendant or respondent. Whenever the President or a Vice-President or any Minister, Deputy Minister or public official is cited in any action or other proceedings in his official capacity he shall be cited by his official title and not by name. Section six shall not apply to—(a)a claim in which the debt concerned has been admitted to the claimant, expressly and in writing; or(b)a counter-claim; or(c)a claim which the court or a judge or magistrate, on application, has determined to be urgent; or(d)a claim in respect of which the defendant has waived, expressly and in writing, the notice required by section six. No court of its own motion shall take notice of any failure to comply with section six. Sections two and six shall not be construed as affecting the operation of any other law which—(a)limits the liability of—(i)the State; or(ii)the President, a Vice-President or any Minister or Deputy Minister; or(iii)any officer or employee of the State; or(b)prescribes a specific period within which a claim in respect of any liability referred to in paragraph (a) shall be made; or(c)imposes conditions on the institution of any proceedings;and accordingly sections two and six shall be construed as being complementary and supplementary to any such law.1. Short title
2. Claims against the State cognizable in any competent court
3. Proceedings to be taken against Minister of department concerned
4. Citation of President, a Vice President, Minister or public official in proceedings
5. No execution or attachment to be issued, but nominal defendant or respondent authorized to pay the sum awarded
6. Notice to be given of intention to institute proceedings against State and officials in respect of certain claims
7. Exemptions
8. Court not to take notice of failure to comply with section 6
9. Provisions of other laws relating to prescription of claims etc. not affected