THE LEGAL FRAMEWORK FOR THE DEPARTMENT OF WAR VETERANS AFFAIRS

 The Ministry administers the following statutes:

  • The Constitution of Zimbabwe
  • Veterans of the Liberation Struggle Act [Chapter 11:15]
  • War Victims Compensation Act [Chapter 11:16]
  • National Heroes Act [Chapter 10:16]

 

The Constitution of Zimbabwe

 The Constitution as the supreme law of the land recognizes Veterans of the Liberation Struggle in the preamble and three particular sections which are highlighted below:

 

The Preamble

 We the people of Zimbabwe,

United in our diversity by our common desire for freedom, justice and equality, and our heroic resistance to colonialism, racism and all forms of domination and oppression,

Exalting and extolling the brave men and women who sacrificed their lives during the

Chimurenga / Umvukela and national liberation struggles,

Honouring our forebears and compatriots who toiled for the progress of our country,

 

Section 3 (1) (c) Founding values and principles

 

Founding values and principles

(1) Zimbabwe is founded on respect for the following values and principles—

(a)  supremacy of the Constitution;

(b)  the rule of law;

(c)  fundamental human rights and freedoms;

(d)  the nation’s diverse cultural, religious and traditional values;

(e)  recognition of the inherent dignity and worth of each human being;

(f)  recognition of the equality of all human beings;

(g)  gender equality;

(h)  good governance;  and

(i)  recognition of and respect for the liberation struggle.

 

Section 23 Veterans of the liberation struggle

(1) The State and all institutions and agencies of government at every level must accord due respect, honour and recognition to veterans of the liberation struggle, that is to say—

(a)  those who fought in the War of Liberation;

(b)  those who assisted the fighters in the War of Liberation;  and

(c)  those who were imprisoned, detained or restricted for political reasons during the liberation struggle.

(2) The State must take reasonable measures, including legislative measures, for the welfare and economic empowerment of veterans of the liberation struggle.

 

Section 84 Rights of veterans of the liberation struggle

(1) Veterans of the liberation struggle, that is to say—

(a)  those who fought in the War of Liberation;

(b)  those who assisted the fighters in the War of Liberation;  and

(c)  those who were imprisoned, detained or restricted for political reasons during the liberation struggle;

are entitled to due recognition for their contribution to the liberation of Zimbabwe, and to suitable welfare such as pensions and access to basic health care.

(2) An Act of Parliament must confer on veterans of the liberation struggle the entitlements due to them under subsection

  1. VETERANS OF THE LIBERATION STRUGGLE ACT.

This is a new Act that was enacted  as a result of the existence of the  Constitutional provisions highlighted above. The Act repealed the War Veterans Act and the Ex Political Prisoners Detainees and Restrictees Act. The two previous Acts were merged into one Act and two other categories that were recognised by the Constitution are now provided for in the Constitution.           The Act now therefore provides for four categories namely:

  • War Veterans
  • Ex Political Prisoners Detainees and Restrictees
  • War Collaborators
  • Non Combatant Cadres.

Purpose Of The Act

The purpose of the Act is to provide for rights and benefits of Veterans of the Liberation struggle and their dependants; to provide for the establishment of a Veterans of the Liberation Struggle Board and its functions and  to provide for the establishment of the Veterans of the Liberation Struggle Fund.

KEY HIGHLIGHTS IN THE NEW ACT AND IMPLICATIONS

Establishment Of The Veterans Of The Liberation Struggle Fund

The Veterans of the Liberation Struggle Act provides for rights and benefits of the Veterans Liberation Struggle and their dependants. This is principally be achieved through the establishment of the Veterans of the Liberation Struggle Fund. The Minister of Defence and War Veterans Affairs is representative shareholder of the Veterans of the Liberation Struggle Fund. The fund will be governed by a Board whose composition and functions in the Act.

The Fund consists of:

  • moneys appropriated for the purpose by Parliament;
  • any gifts or grants made to the Fund by any person or authority or by the government of any country; or
  • any interest derived from or increase in any assets of the Fund in any form whatsoever.

Establishment Of Veterans Of The Liberation Struggle Board

The Act establishes a Veterans of the Liberation Struggle Board whose composition includes representatives from the four categories of the Veterans of the Liberation Struggle. Section 4 of the VLS Act provides the main functions of the  Board which are the following:

  • to advise the Minister on the establishment of any scheme in terms of the Act or on any matter relating to any scheme;
  •  to address issues relating to rights, benefits and the general welfare of veterans of the liberation struggle;
  • to examine and determine any representations by any person claiming entitlement to be accredited or registered as a veteran of the liberation struggle or dependant where such accreditation or registration has been refused by the Ministry;
  • subject to the Act, to hear and determine any representations or complaints made by any veteran of the liberation struggle or dependant of such veteran relating to the grant, payment or delivery of any benefit to him or her;
  • to perform any other function which the Minister may confer on the Board for the purposes of the Act.

His Excellency the President appointed the Veterans of the Liberation Struggle Board on the …… of 2021.The Board is already functioning and implementing its mandate in terms of the Act key amongst them being legal recognition of the new categories through a vetting process  and the improvement of welfare and economic empowerment of the Veterans of the Liberation Struggle.

Vetting of the Veterans of the Liberation Struggle

The primary beneficiaries of the Veterans of the Liberation Struggle Act are the War Veterans; Ex Political Prisoners, Detainees and Restrictees; Non-Combatant Cadres and War Collaborators. The Act provides a clear definition for each category of the Veterans. In order to ensure enjoyment of the rights and benefits under this new Act, all categories should be vetted by the Government of Zimbabwe. The War Veterans and Ex Political Prisoners, Detainees and Restrictees were vetted and were currently receiving benefits under the two repealed Acts though there are a few who are yet to be vetted under these two categories. The two new categories namely Non-Combatant Cadres and War Collaborators will therefore require to be vetted in order to receive legal recognition and unlock benefits due to them.

The vetting exercise is taking place forty years after the end of the Liberation War. The exercise will be implemented in two faces with the first phase of registration having been recently completed .The actual vetting will be conducted by selected war time commanders and War Veterans. Once the new categories are vetted, each registered Veteran will be eligible to receive the statutory benefits which will be gazetted in due course.

  1. WAR VICTIMS COMPENSATION ACT

Purpose of the Act

To provide for the payment of compensation in respect of injuries to or the death of persons caused by the war. The War in relation to this Act is defined as the armed conflict which occurred in Zimbabwe and in neighbouring countries between the 1st January, 1962, and the 29th February, 1980, in connection with the bringing about of, or resistance to, political and social change in Zimbabwe.

Who is a War Victim

Any person who was a Zimbabwean citizen during the liberation struggle, who sustained an injury or died as a result of War of Liberation of Zimbabwe from 01/01/1962 to 29/02/1980.

Claims for compensation in terms of the Act

A claim for Compensation maybe made by or on behalf of any person who;

(a)     Sustained an injury as a result of the liberation war from 01/01/1962 to 29/02/80.

(b)     Was a dependant of a person whose death was caused by an injury sustained during the liberation struggle of Zimbabwe up to the period 29/02/80.

Claims can be made in respect of the following under the Act

  • Commutation of disablement pension
  • Medical examination and treatment
  • Refund of medical expense
  • Constant attendance allowance
  • Clothing allowance
  • Travelling and Subsistence Allowances
  • Children’s allowances
  • Educational allowances
  1. NATIONAL HEROES ACT

Purpose of the Act

The purpose of the Act is provide for the designation of national heroes and the rendering of State assistance to dependants of such heroes; to establish a fund to finance State assistance to such dependants; and to establish the Heroes’ Dependants Assistance Board.

Designation of heroes

The President designates a deceased person as a hero on the basis of his or her outstanding, distinctive and distinguished service to the country. Designation  can be at  provincial, district or national hero status and this is done through a notice in the gazette.

National Heroes Board

The Act provides for the National Heroes Board and its mandate. The President appointed a National Heroes Board which is already executing its statutory functions which are prescribed in the Act as:

  • to keep and maintain a register in which shall be entered :the names of every hero; and the names of any dependant of any hero; together with such particulars of any such hero or dependant as the Board may consider necessary or desirable.
  • to examine and determine the claim of any person to be registered as a dependant in terms of this Act and to determine the form and amount of any State assistance which may be granted to such dependant;
  • to hear and determine any representations or complaints made by any registered dependant relating to the payment or delivery of any State assistance to him; and
  • to perform any other function conferred on the Board in terms of this Act.

 Application for State assistance

Any dependant of a hero as defined in the Act may apply may apply to the Board, in the prescribed form and manner—

(a)  to be registered as a dependant of a hero; and

(b)  to be considered for State assistance in terms of this Act.

There is a format provided for in the gazetted regulations on how they should apply ,it is standardised for all.

Criteria for determining amount of State assistance

The Act provides the factors that are considered in determining the amount of State assistance to be given to a dependant:

  • the reasonable needs of the applicant;
  • the number of other registered dependants of the hero to be supported by the applicant
  • the resources available for meeting the reasonable needs of the applicant and any other registered dependant of the hero to be supported by him, including any compensation payable in terms of any other enactment or in terms of any other scheme by way of pension, benefit or award of whatever kind, public or private
  • whether the applicant or any other registered dependant of the hero to be supported by him is or could be gainfully employed; and
  • any directions of the Minister in the matter
  • The Board may also have regard to whether the hero in respect of whom the application is made has been designated as a national, provincial or district hero.