Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696585272362.pdf (Zimbabwe)
NATIONAL ARCHIVES OF ZIMBABWE No.S ZIMBABWE ACT To provide for the storage and preservation of public archives and public records; for the declaration and preservation of protected historical records; for the repeal of the National Archives Act [Chapter 309]; and for matters incidental to or connected with the foregoing.

ARRANGEMENT OF SECI10NS Section 1.

Short title.

2.

Interpretation.

3.

National Archives of Zimbabwe.

4.

Director of National Archives.

5.

Functions of Director 6.


Functions of Director in respect of public archives.

in respect of public records.

I.

Functions of Director in respect of records of local authorities and statutory bodies.

8.

Records Committee.

9.

Inspection of public archives and public records.

10.

Reproduction of public archives and public records.

11.

Prohibition on removal outside Zimbabwe of public archives and public records.
Printed by the Government Printer 37 No.S N.\ nONAL ARCHIVES OF ZIMBABWE 1986 Section 12.

Declaration of protected historical records.

13.

Protection and preservation of protected historical records.

14.

Control of sale of protected historical records.

15.

Regulations.

16.

Repeal and savings.

ENACfED by the President and the Parliament of Zimbabwe.

Short title.

1.

This Act may be cited as the National Archives of Zimbabwe Act.

1985.

In terpretation, 2.
In this Act- "Committee" means the Records Committee established in terms of section eight; "Director" means the Director of National Archives referred to in section four; "Minister" means the Minister of Home Affairs or any other to whom the President may from time to time Minister assign the administration of this Act; "National Archives" means the National Archives of Zimbabwe referred to in section three: "official purpose" includes any purpose connected with the performance of any function in the service of the State; "protected historical record" means a record declared in historical terms of section twelve to be a protected record; "public archive" means- (a) any public record wbich- (i) is twenty-five years old; and (ii) has been specified by the Director as being of enduring or historical value; or (b) any record or other material acquired National Archives paragraph (c) of section five; by tbe Director the for in terms of "public record" means any record in the custody of any Ministry; "record" means any medium in or on which information is recorded; "repealed Act" means the National Archives Act [Chapter 309]; "statutory body" means- (i) any Commission established by the Constitution: (ii) any body corporate established under any Act of Parliament 38 directly by or for special purposes 1986 NATIO"AL ARCmVES OF ZIMBABWE No.S specified in that Act.
the membership of which consists wholly or mainly of persons appointed by the President or by a Minister.

3.

The National Archives established in terms of the repealed Act shall.

subject to the provisions of this Act.

continue in existence for the storage and preservation of public archives and public records and shall be known as the National Archives of Zimbabwe.

National Archives Zimbabwe.

of 4.


There shall be a Director of National Archives whose office shall be a public office and form part of the Public Service and who shall, subject to the provisions of this Act.

have the functions which are conferred or imposed upon him in terms of this Act.

Director of National Archives, 5.

The Director- (a) shall direct.


manage and control the National Archives: (b) may reproduce or publish any public archive which has been transferred to the National Archives subject to any terms and conditions on wluch it was so transferred; (c) may acquire by purchase.

donation.

bequest or other- wise any record or other material which in his opinion is or is likely to be of enduring or historical value; (d) may specify any public record to be of enduring or historical value.
by notice in writing to the Secretary of any Ministry in whose custody such public record is.

6.

(I) Subject to the provisions of subsection (2).

the Director may.

in respect of any Ministry- (a) inspect and examine the records of that Ministry; (b) give advice 'or instructions filing, maintenance and preservation and.
when necessary, the transfer to the National Archives of the records of that Ministry; concerning the (c) give instructions with regard to the retention or destruction of the records of that Ministry.

the Director shall consult (2) Before performing any function in terms of subsection (I), the Ministry concerned and.

in the event of any dispute or disagreement arising as to the performance of any such function.
the matter shall be referred to the Minister responsible for the administration of the !\1inistry concerned for decision and his decision shall be final.

the Secretary of (3) Where the Director gives any instructions in terms of subsection (1).

it shall be the duty of the Ministry concerned to comply with such instructions.

7.
7.

(1) The Director may request any local authority or statutory body for access to its premises for the purpose of- (a) inspecting and examining its records; 39 of In Functions Director respect of public archives.

of in Functions Director respect of public records, of in Functions Director respect of records of local authorities and statutory bodies.

No.

8 NATIONAL ARCHIVES OF ZIMBABWE 19 (b) giving advice relating to the filing.
maintenance and preservation of its records; (c) making recommendations with regard to the retention or destruction of its records.

(2) Where a local authority or statutory body declines to comply with a request made in terms of subsection (1), such local in writing of authority or statutory body shall advise the Director its reasons therefor.
(3) On receipt of any reasons from a local authority or statutory body in terms of subsection (2), the Director may make representations responsible for, or having authority in respect of.

the local authority or statutory body concerned.

who may take such action in the matter as he considers proper.

to the Minister in the matter Record, Committee.

8.
8.

(I) There is hereby established a Records Committee which shalI consist of- (a) (b) (c) two persons appointed by the Minister in consultation with the Director from the staff of the National Archives.

one of whom shall be designated as the chairman by the Minister: two persons who are members of the Public Service appointed by the Minister; such other persons as tbe Committee may invite from time to time to attend its meetings and give advice in regard to the maLters in issue.
(2) Subject to any directions given by the Director, the its business at such times Committee and in such manner as it may determine.

shall meet and conduct (3) The functions of the Committee shall be to make recommendations to the Director with regard to- (a) the retention or destruction of public records; (b) the declaration of protected historical records; and (c) any other matters that may be prescribed.
(4) The Director shall in the performance of his functions have regard to the recommendations of the Committee: the Director Provided that shall not advise or instruct any Ministry, body with regard to the or statutory destruction of any record unless such destruction has been recom- mended by the Committee and approved by the Minister.

local authority Inspection of public archives pu bl ic records and 9.
Every person shall be entitled to inspect any public archive- (a) which is in the custody of the National Archives.

with the consent of the Director; 40 NATIONAL ARCHIVES OF ZIMBABWE No.S (b) which is in the custody of any Ministry.

with the written consent of the Secretary of the Ministry COD- cerned or any person authorized by him; subject to such terms and conditions as may be imposed by the Director or the Secretary.

as the case may be.

10.


(l) No person shall publish or reproduce the whole or any part of the contents of any public archive or public record- (a) which is in the custody of the National Archives.

with- out the written consent of the Director; (b) which is in the custody of any Ministry, without the written consent of the Secretary of the Ministry concerned.

Reproduction of public archives public and records.
(2) Any person who contravenes of sub- section (1) shall be guilty of an oflence and liable to a fine not exceeding five hundred dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprison.

ment.

the provisions 11.

(1) No person shall any public archive or public record unless such public archive or public record is required for any official purpose.
remove out of Zimbabwe (2) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding for a period not ODe one year or to both such fine and such imprisonment.

~ing to imprisonment dollars or thousand Prohibition on removal out of Zimbabwe of public archives or public records.

12.
12.

(1) Where the Minister considers that any record by a:a.son of its enduring or historical value deserves to be preserved &Dd that i~is in the national interest to do so, he may by notice in 1be Gazette declare such record to be a protected historical record 2:Id may, in like manner, revoke any such declaration.

Declaration of protected historical records.


ister (2) Any person who is aggrieved by the decision of the in making a declaration in terms of subsection (I) may representations to the Minister who shall on receipt thereof er the same and may thereupon- (a) confirm his decision; or (b) reverse it and revoke the declaration.

13.

(I) No person shall.

without the consent of the Minister arc IIItrillng- (a) destroy, deface.

alter.
alter.

mutilate or in any way damage a protected historical record; (b) remove a protected historical record out of Zimbabwe.

and Protection preservation of protected historical records. )

Any person who contravenes the provisions of sub- 1) shall be guilty of an offence and liable to a fine not _=ditrg one thousand dollars or to imprisonment for a period -' c.~ing one year or to both such fine and such imprisonment.

41 No.S NAflO:-<AL /\,CHIVES OF ZIMBABWE 1986 (3) Where .'
person is convicted of an offence in tenus of paragraph (b) of suosection 0) the court may- (a) (b) )fi to any sentence it may impose in respect of the person concerned to return the to Zimbabwe in .J..!.

the offence, direct protected record concerned within such period as it may specify; or historical P(1 tpone the passing of sentence till such date as it may specify to enable the person concerned to return record concerned to Zimbabwe the protected historical and on such date.

when passing sentence.


the court the person con- shall take into account whether or not cerned has returned the protected historical record and.

if be has not, the reason for not doing so.

lie on him, (4) Any person who fails without proof whereof shall in terms of paragraph offence and liable on conviction thousand in addition.

dollars and, dollars for each day that he is in default of the direction.
the to comply with a direction made (a) of subsection (3) shall be guilty of an to a fine not exceeding one to a fine not exceeding fifteen reasonable excuse.

(5) A conviction for an offence in terms of subsection (4) shall not be a bar to any further prosecution or conviction for any subsequent default of the direction concerned.

of Control sale of protected historical records, 14.
(I) Subject to the provisions of subsection (2), no person record unless he has first made an shall sell a protected historical offer to sell the protected historical record to the Director and- (a) has not the Director thirty days of the making thereof; or responded to the offer within (b) the Director has declined the offer: or (c) the Director has been unable to conclude an agreement of sale with the seller within sixty days of the making of the otIer.
(2) The provisions of subsection (1) shall not apply to the sale of any protected historical rccord- (a) in execution of an order of court; or (b) by a trustee in insolvency or a liquidator.

(3) Any person who contravenes the provisions of sub- shall be guilty of an offence and liable to a fine for a to both such fine and such section (I) not exceeding one.

thousand dollars or period not exceeding one year or irn prisonment.

to imprisonment Regulations.

IS.


(1) The Minister may make anything which in his opinion is necessary or convenient prescribed for carrying out or giving effect this Act.

regulations prescribing to be to the provisions of (2) Regulations made 111 terms of subsection (1) may provide for- 42 NATIOSAL ARCHIVES OF ZIMBABWE No.
8 (a) fees to be charged by the Director for the inspection of and the making and certifying of copies of any public archive or public record in the custody of the National Archives; (b) the storage and preservation of public archives: (c) storage.

the records; preservation or destruction of public (d) the preservation of protected historical records; (e) premises of custodians of public records to be repositories for the storage of public records.
(3) Regulations made in terms of provide penalties of three hundred dollars or months or both such fine and such imprisonment.

for contraventions imprisonment subsection (1) may thereof not exceeding a fine for a period of three 16.

(I) The National Archives Act [Chapter 309] is repealed.

Repeal and Savings.

the provisions (2) Notwithstanding of subsection (l).

any the repealed Act.

thing.

which \\ as made or done in terms of including an) T'sulations.

shall.
shall.

on and after the date If commence- ment of this Act.

be deemed to have been made or done.

as the case may be.

in terms of the appropriate provision of thl) Act.

43