National Social Security Authority Act
- Commenced on 30 March 1990
- [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 National Social Security Authority Act [Chapter 17:04].
2. InterpretationIn this Act—“Authority” means the National Social Security Authority established by section four;“benefit” means a benefit or advantage of any kind whatsoever deriving from any scheme;“Board” means the National Social Security Board established in terms of section five;“committee” means a committee of the Board established in terms of subsection (1) of section thirteen;“contribution” means a contribution paid, whether directly or indirectly, in terms of any scheme;“employee” means any person employed by or working for an employer and receiving or entitled to receive any remuneration in respect of such employment or work;“employer” means any person whatsoever who employs or provides work for another person and remunerates or expressly or tacitly undertakes to remunerate him, and includes the manager, agent or representative of such person who is in charge or control of the work upon which such other person is employed;“financial year” means the financial year of the Authority referred to in section thirty-one;“general manager” means the general manager of the Authority appointed in terms of section twenty-six;“inspector” means a person appointed as an inspector in terms of section thirty-nine;“member”, subject to section twelve, means a member of the Board other than the general manager;“Minister” means the Minister of Public Service, Labour and Social Welfare or any other Minister to whom the President may from time to time assign the administration of this Act;“scheme” means a social security scheme established in terms of section three.
Part II – Social security schemes
3. Establishment of schemes
3A. Duty to comply with schemeAny person who contravenes any provision of a scheme with which it is his duty to comply 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.[subsection inserted by section 4 of Act 22 of 2001]
Part III – National Social Security Authority and National Social Security Board
4. Establishment of National Social Security AuthorityThere is hereby established an authority, to be known as the National Social Security Authority, which shall be a body corporate and, in the name of the National Social Security Authority, shall be capable of suing and being sued and, subject to this Act, of performing all acts that bodies corporate may by law perform.
5. Establishment of National Social Security BoardSubject to this Act, the operations of the Authority shall be controlled by a board, to be known as the National Social Security Board, constituted in terms of this Part.
6. Constitution of Board
7. Conditions of office of members
8. Disqualification for appointment as memberA person shall not be appointed as a member and no person shall be qualified to hold office as a member who—
9. Vacation of office by memberA member shall vacate his office and his office shall become vacant—
10. Minister may require member to vacate officeThe Minister may require a member to vacate his office if the member—
11. Filling of vacanciesOn the death of, or the vacation of office by, a member, the Minister shall appoint a person to fill the vacancy.
12. Meetings and procedure of Board
13. Committees of Board
14. Remuneration and expenses of members of Board and members of committeesA member of the Board or a member of a committee shall be paid from the funds of the Authority—
15. Right of certain officers to attend meetings of Board or committeesSuch officers of the Public Service as the Minister may designate shall be entitled to attend meetings and to take part in the proceedings of the Board or of a committee as if they were members thereof, but they shall not have a vote on any question before the Board or committee, as the case may be.
16. Members to declare personal interest
17. 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 solely because—
18. Transaction of business of an urgent nature
19. Execution of contracts and instruments by BoardAn agreement contract, or instrument approved by the Board may be entered into or executed by any person or persons generally or specially authorized by the Board for that purpose.
20. Minutes of proceedings of Board
Part IV – Functions of Authority
21. Functions of AuthoritySubject to this Act, the functions of the Authority shall be—
22. General powers of AuthoritySubject to this Act, for the better carrying out of its objects, the Authority shall have the power to do or cause to be done, either by itself or through its employees and agents, all or any of the things specified in the Schedule, either absolutely or conditionally and either solely or jointly with others.
23. Principles to be observed by AuthorityWhen performing its functions in terms of this Act, the Authority shall—
24. Reports of Authority
25. Appointment of general manager
26. Appointment of actuary and review of schemes
27. Minister may give Authority directions in national interest
Part V – Financial provisions relating to Authority
28. Funds of Authority
29. Holding of funds of Authority
30. Establishment of reserves
31. Financial year of AuthorityThe financial year of the Authority shall be the period of twelve months ending on the 30th June in each year or on such other date as the Minister may prescribe.
32. Accounts of Authority
33. Audit of accounts of Authority
34. Powers of auditors
Part VI – Appeals
35. Appeals to general manager
36. Appeals to Board
37. Appeals to Administrative Court
38. General manager may state case for Supreme Court
Part VII – General
40. Powers of entry and searchIf there are reasonable grounds for believing that it is necessary to do so for the prevention, investigation or detection of an offence in terms of this Act, an inspector or a police officer may—
40A. Estimated assessment of contribution
40B. Power to appoint agent
40C. Power to register employersWhere an employer liable to contribute in terms of any scheme fails to register in terms of that scheme, an inspector may, without derogation from any penalty to which such employer is liable in terms of section forty-eight, register such employer and any of his employees who are liable to contribute in terms of the scheme.[section inserted by section 2 of Act 22 of 2002]
41. Obstruction of inspectors and police officersAny person who—
41A. Disclosure of confidential informationAny inspector or member, employee or agent of the Authority who—
41B. False statements in returns, etcAny person who, in any claim, report, return or document prepared or submitted in terms of this Act makes a statement which he knows to be false in a material particular or does not believe on reasonable grounds to be true shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.[section substituted by section 4 of Act 2 of 2001]
42. Exemption from liability of Authority and membersNo liability shall attach to the Authority or to any member for any loss or damages sustained by any person as a result of the bona fide exercise or performance by the Authority, the Board, a committee of the Board, the general manager or any employee or agent of the Authority of any function of the Authority, the general manager or the Board in terms of this Act or any other law:Provided that this section shall not be construed so as to prevent any person from recovering, by action in a court of competent jurisdiction, compensation for any loss or damage sustained by him which was caused by negligence or breach of contract.
43. Indemnity of members and employees of AuthorityThe Authority shall indemnify every member of the Board or of a committee of the Board and the general manager and every auditor, employee or agent of the Authority against any costs incurred by him in—
44. Investigation into affairs of Authority
45. Benefits not to be pledged or ceded nor to form part of insolvent estate
46. Recovery of benefits granted or paid in errorIf any person has been granted or paid a benefit which should not have been granted or paid to him in terms of this Act, the Board may recover from that person or his estate, by action in a court of competent jurisdiction, the value or amount of the benefit so granted or paid to him, whether it was granted or paid through error of fact or of law.
47. Reciprocal agreements with other countries
48. Offences and penalties
49. RegulationsThe Minister may make regulations providing for all matters which by or in terms of this Act are required or permitted to be prescribed or which, in his opinion, are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Act.
History of this document
30 March 1990