- Commenced on 1 April 1973
- [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]
Part I – Preliminary
1. Short titleThis Act may be cited as the Railways Act [Chapter 13:09].
2. InterpretationIn this Act—“alternate member” means a person appointed as an alternate to an appointed member in terms of subsection (3) of section five;“appointed member” means a member of the Board other than the General Manager;“area of operation”, in relation to the Railways, means Zimbabwe and any country outside Zimbabwe in which the Railways may be required or permitted under any enactment, treaty or agreement, to perform any function;“Board” means the Board established by section four;[definition of "Board" inserted by section 2 of Act 19 of 1997]“direct costs” means the full variable and administrative costs directly incurred by the Railways in the operation of its transport services, and includes—(a)running costs; and(b)the costs of maintaining the railway, rolling stock and equipment;[definition of "direct costs" inserted by section 2 of Act 19 of 1997]“Former Undertaking” means the Rhodesia Railways referred to in the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, of the United Kingdom;“General Manager” means the general manager appointed in terms of subsection (1) of section twenty;“goods” means anything, whether solid, liquid or gas, capable of being carried on a railway or by road;[definition of "General Manager" amended by section 2 of Act 19 of 1997]“member” means a member of the Board;“Minister” means the Minister of Transport and Energy or any other Minister to whom the President may, from time to time, assign the administration of this Act;“railway premises” means land or property owned, controlled or occupied by the Railways other than land or property which is used solely for residential purposes;“Railways” means the National Railways of Zimbabwe referred to in section three;“repealed legislation” means the legislation specified in the Third Schedule.“territories” [definition of "territories" repealed by section 2 of Act 19 of 1997]
Part II – National Railways of Zimbabwe and Board
3. National Railways of ZimbabweThe Rhodesia Railways, established in terms of the Transport Services (Railways and Airways) (Transition) Act, 1967 (No. 15 of 1967), shall continue to be a body corporate to be known as National Railways of Zimbabwe, and shall be capable of suing and being sued in its corporate name and, subject to this Act, of performing all such acts as a body corporate may by law perform.
4. Establishment of National Railways of Zimbabwe BoardThe operations of the Railways shall, subject to this Act, be controlled by a board, to be known as the National Railways of Zimbabwe Board, appointed in terms of this Part.
5. Constitution of Board
6. Conditions of office of appointed members
7. Disqualification for appointment as memberThe Minister shall not appoint a person as a member and no person shall be qualified to hold office as an appointed member who—
8. Vacation of office by appointed memberAn appointed member shall vacate his office and his office shall become vacant—
9. Minister may require appointed member to vacate office or suspend him
10. Filling of vacanciesOn the death of, or the vacation of office by, an appointed member, the Minister may appoint a person to fill the vacancy until the expiration of the period during which the member would, but for his death or the vacation of his office, have continued in office.
11. Meetings and procedure of Board
12. Remuneration and expenses of appointed members or alternate members
13. Members to declare interests
14. Validity of decisions and acts of BoardNo decision or act of the Board or act done under the authority of the Board shall be invalid by reason only of the fact that—
15. Execution of contracts and instruments by RailwaysAn agreement, contract or instrument approved by the Board may be entered into or executed on behalf of the Railways by any person or persons generally or specially authorized by the Board for that purpose.
16. Transaction of business of an urgent natureIf it is not practicable to hold a meeting of the Board for the transaction of business of an urgent nature, the chairman, after consulting such of the other members as are available in the circumstances, may deal with the business himself and, as soon as may be thereafter give to the Board full particulars of the nature and extent of the urgency of the business, the circumstances in which the urgency arose and the action taken by him in the matter.
Part III – Functions, powers and duties of railways and appointment of General Manager
17. Function of RailwaysThe function of the Railways shall be to provide, operate and maintain within its area of operation, either by itself or through its agents or jointly with others—
18. Powers of RailwaysFor the better exercise of its functions the Railways shall, subject to this Act, have power to do or cause to be done, either by itself or through its agents, all or any of the things specified in the First Schedule, either absolutely or conditionally and either solely or jointly with others.
19. Duties of Railways
20. General Manager
21. By-laws of Railways
22. Submission of plans, reports and information by Railways
23. Directions required in national interest
Part IIIA – Issue of shares and debentures by railways[Part inserted by section 8 of Act 19 of 1997]
23A. Authorized share capital of Railways
23B. Allotment, issue and transfer of shares of Railways
23C. Liability of shareholdersThe liability of the holder of a share issued by the Railways shall be limited to the amount, if any, unpaid on the share.[section 23C inserted by section 8 of Act 19 of 1997]
23D. Issue of debentures
Part IV – Financial provisions
24. Conduct of financial affairs of RailwaysIt shall be the object of the Railways so to exercise its functions and conduct its business as to ensure that in each financial year its income is sufficient, taking one year with another—
25. Capital of RailwaysThe capital of the Railways shall consist of—
25A. Revenues of RailwaysThe revenues of the Railways shall consist of any moneys, other than moneys referred to in section twenty-five, that may accrue to the Railways, whether in the course of its operations or otherwise.[section inserted by section 9 of Act 19 of 1997]
25B. Fixing of tariffs
25C. Payment of dividendsWhere in a financial year the revenues of the Railways are more than sufficient—
26. Railways to make certain charges to income and expenditure accountThe Railways shall charge to its income and expenditure account all charges which in the normal conduct of business are regarded as proper to be made to income and expenditure account and, in so doing, shall make in each financial year proper provision for—
27. Establishment and operation of general reserve
28. Meeting of deficienciesIf in any financial year the income of the Railways, together with any surplus income brought forward from a previous financial year, is insufficient to enable the Railways to meet the charges and to make the provision required by section twenty-six, the deficiency shall, unless the Minister otherwise directs, be met from the general reserve established in terms of section twenty-seven.[section amended by Act 19 of 1997]
29. Accounts and records of Railways
30. Appointment of auditorsThe Railways shall appoint as auditors one or more persons approved by the Minister who are registered as public auditors in terms of the Public Accountants and Auditors Act [Chapter 27:12].
31. Audit of accounts of Railways
32. Investments and loans by RailwaysWith the approval of the Minister and subject to any directions given by him on the advice of the Minister responsible for finance, the Railways may,—
Part V – Construction and maintenance of railways
33. Construction of new railway and other work
34. Road and rail crossings
35. Adjoining land may be entered upon to prevent or repair accidents
Part VI – Offences and Penalties
36. Obstruction of employee of RailwaysAny person who—
37. Offences on railway premises
38. Certain offences and punishment therefor
39. Power to arrest persons and detain goods
39A. Transportation of equipment used for provision of railway services
39B. Forfeiture of unlawfully transported equipment used for the provision of railway services and vehicle used in connection therewith
Part VII – General
40. InquiriesThe Railways may, subject to this Act, hold a private inquiry into any accident or mishap.
41. Use of waterSubject to the Water Act [Chapter 20:22] and of any by-laws of a local authority which may be applicable, the Railways shall have the right, notwithstanding any other law, to—
42. Proceedings on failure of Board or Railways to comply with Act
44. Provisions relating to Former Undertaking
History of this document
01 April 1973