Deputy Chairman, Law Development Commission, Zimbabwe. Email : ldc@gta.gov.

zw

CHAPTER 14:32

NATIONAL INCOMES AND PRICING COMMISSION ACT

Act 2/2007, 2/2008. SI 159A/2007.

ARRANGEMENT OF SECTIONS
PART I
P RELIMINARY

Section
1. Short title.
2. Interpretation.
2A. State to be bound.
PART II
N ATIONAL INCOMES AND P RICING COMMISSION

3. Establishment of National Incomes and Pricing Commission.

4. Composition of Commission.
5. Functions of Commission.
6. Powers of Commission.
7. Policy directions.
8. Execution of contracts and instruments by Commission.
9. Reports of Commission and supply of information to Minister.
PART III
S ECRETARIAT OF COMMISSION

10. Secretariat of Commission.

11. Chief Executive Officer.
12. Employees of Commission.
PART IV
F INANCIAL P ROVISIONS

13. Funds of Commission.

14. Investment of moneys not immediately required by Commission.
15. Accounts of Commission.
16. Audit of Commission’s accounts.
17. Powers of auditors.
PART IVA
C ONTROL OF INCOMES, R ENTALS AND S ERVICE C HARGES

17A. Interpretation in Part IVA.

17B. Remuneration.
17C. Leases.
17D. Service charges.
17E. Commission may fix standard for rentals and service charges.
17F. Application of Part IVA to statutory bodies.
17G. Offences against Part IVA.

PART V
GENERAL

18. Power to obtain information.

19. Inspectors.
20. Powers of entry and inspection.
20A. Prices of goods.
20B. Commission may fix standard for prices of goods.
21. Refusal to sell goods.
22. Display of prices of goods on sale.
23. Conditional selling.
24. Preservation of secrecy.
25. Exemption of Commission from liability.
26. General offences and penalties.
27. Regulatory powers of the Commission.
28. Amendment of Cap. 14:05 and Statutory instrument 334 of 2001.
SCHEDULES
First Schedule: Provisions applicable to the Commission.
Second Schedule: Powers of Commission.

AN ACT to establish a National Incomes and Pricing Commission and to confer powers and func-
tions on such a Commission in relation to incomes and pricing issues; to regulate the implementation
of policies related to the determination of incomes and prices; to amend the Control of Goods Act
[Chapter 14:05]; and to provide for matters connected therewith or incidental thereto.
[Date of commencement : 21st May, 2007.]

PART I
P RELIMINARY

1 Short title
This Act may be cited as the National Incomes and Pricing Commission Act [Chapter 14:32].
2 Interpretation
In this Act—
“chairperson” means the chairperson of the Commission designated in terms of paragraph 5 of the First
Schedule and includes the deputy chairperson of the Commission when performing the chairperson’s
functions;
“Commission” means the National Incomes and Pricing Commission established in terms of section 3;
“commissioner” means a member of the Commission, including the chairperson and deputy chairperson;
“consumer” includes any person who purchases or offers to purchase goods otherwise than for the purpose of
resale, but does not include a person who purchases any goods for the purpose of using them in the pro-
duction or manufacture of any other goods or articles for sale;
“customer” means a person who purchases goods or services from another person;
“document” includes—
(a) a book, plan, paper, parchment or other material on which there is writing or painting, or on
which there are marks, symbols or perforations having a meaning for persons qualified to inter-
pret them;
(b) a disc, tape, paper, or other device from which sounds or messages are capable of being repro-
duced; and
(c) any other record of information;
“financial year”, in relation to the Commission, means the period of twelve months ending on the 31st De-
cember;
“goods” means articles or things of any kind whatsoever that are capable of being owned or possessed in-
cluding—
(a) anything capable of being imported or exported; and
(b) any kind of manufactured or unmanufactured commodity; and
(c) any kind of animal or plant life;
“inspector” means a person designated as an inspector in terms of section 19;
“local industry” means the persons who in Zimbabwe are engaged in the business of producing or providing,
otherwise than by importation, goods or services for consumption in or export from Zimbabwe, and in-
cludes any class of such persons;
“Minister” means the Minister of Industry and International Trade or any other Minister to whom the Presi-
dent may, from time to time, assign the administration of this Act;
“premises” includes land, or any building, structure, vehicle, ship, boat, vessel, aircraft or container;
“price” includes—
(a) a charge of any description; and
 (b) in relation to goods or services, any pecuniary benefit, whether direct or indirect, received by a
person for or in connection with the supply by the person of the goods or services;
“price monitored or controlled goods and services” means goods and services whose prices are monitored or
controlled by the Control of Goods Act [Chapter 14:05] or any other enactment;
“pricing violations” means violations of any enactment relating to price monitored or controlled goods and
services;
“regulatory authority” means an entity established in terms of an enactment responsible for regulating an in-
dustry;
“respondent” means a person against whom a complaint of a prohibited practice has been initiated in terms of
this Act;
“sale” includes an agreement to sell or offer for sale and includes the exposing of goods for sale, the furnish-
ing of a quotation, whether verbally or in writing, and any other act or notification by which willingness
to enter into any transaction for sale is expressed;
“services” includes the rights or benefits provided under an agreement for the performance of work (other-
wise than under a contract of service), whether with or without the supply of goods.
2A State to be bound
This Act shall bind the State.
[Section inserted by Act 2 of 2008]

PART II
N ATIONAL INCOMES AND P RICING COMMISSION

3 Establishment of National Incomes and Pricing Commission

There is hereby establish a commission, to be known as the National Incomes and Pricing Commission,
which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of
performing all acts that a body corporate may by law perform.
4 Composition of Commission
(1) Subject to subsection (2), the Commission shall consist of not less than nine or more than twelve co m-
missioners appointed by the President.
[Subsection substituted by Act 2 of 2008]
(2) The provisions relating to the terms and conditions of office, vacation of office, filling of vacancies,
meetings and procedures of the Commission and other related matters are set out in the First Schedule.
5 Functions of Commission
The functions of the Commission shall be to—
(a) undertake research and maintain a comprehensive nationwide statistical database to be used in the
analysis of pricing and production costs across all sectors of the economy and developing periodic pric-
ing policy models, frameworks and strategies;
(b) monitor price trends of goods and services through comprehensive surveys and inspections, producing
periodic price monitoring reports and initiating corrective measures in cases of unscrupulous business
practices affecting Zimbabwe’s pricing system;
(c) consider, approve or determine, as the case may be—
(i) requests for price adjustments of price monitored or controlled goods and services and the im-
pact thereof on the economy of such adjustments;
(ii) the major cost drivers in various industrial sectors;
(iii) prices and industry mark-ups and trade margins in relation to price monitored or controlled
goods and services;
(d) investigate pricing violations;
(e) provide regular reviews and updates on capacity utilisation in various sectors of the economy, promote
public understanding and disseminate information on matters related to prices and wages, compile regu-
lar reports on the status of incomes and conduct stakeholder training, education and awareness cam-
paigns on pricing and incomes issues;
(f) establish the determinants of wages and wage variations in all sectors of the economy and provide in-
formation on minimum wages for the purposes of wage and salary negotiations, carry out productivity
studies and track productivity trends in the economy and assess the impact of remuneration packages on
the prices of goods;
(g) perform any other function that may be conferred or imposed upon the Commission by this Act or any
other enactment.
6 Powers of Commission
Subject to this Act, for the better exercise of its functions, the Commission shall 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 Second Schedule, either a b-
solutely or conditionally and either solely or jointly with others.
7 Policy directions
(1) Subject to subsection (2), the Minister may give the Commission such general directions relating to the
policy the Commission is to observe in the exercise of its functions as the Minister considers to be necessary in
the national interest.
(2) Before giving the Commission a direction in terms of subsection (1), the Minister shall inform the Com-
mission, in writing, of the direction and the Commission shall, within thirty days or such further period as the
Minister may allow, submit to the Minister, in writing, its views on the proposal.
(3) The Commission shall take all necessary steps to comply with any direction given to it in terms of sub-
section (1).
(4) When any direction has been given to the Commission in terms of subsection (1), the Commission shall
ensure that the direction and any views that the Commission has on it in terms of subsection (2) are set out in the
Commission’s annual report.
8 Execution of contracts and instruments by Commission
An agreement, contract or instrument approved by the Commission may be entered into or executed on the
Commission’s behalf by any person generally or specifically authorised by the Commission for that purpose.
9 Reports of Commission and supply of information to Minister
(1) As soon as practicable after the end of each financial year, the Commission shall prepare and submit to
the Minister a report on all its activities during the previous financial year.
(2) In addition to the report referred to in subsection (1), the Commission—
(a) shall submit to the Minister such other reports as the Minister may require; and
(b) may submit to the Minister such other reports as the Commission considers desirable;
in regard to the operations and activities of the Commission.
PART III
S ECRETARIAT OF COMMISSION

10 Secretariat of Commission
The secretariat of the Commission shall consist of the Chief Executive Officer and other employees of the
Commission appointed in terms of this Act.
11 Chief Executive Officer
(1) Subject to this Act, the Commission shall appoint a person approved by the Minister to be the Chief Ex-
ecutive Officer of the Commission, on such terms and conditions as the Commission, with the approval of the
Minister, may fix.
(2) No person shall be appointed as Chief Executive Officer and no person shall hold office as Chief Execu-
tive Officer if he or she is not a citizen of Zimbabwe.
(3) The Commission shall terminate the appointment of the Chief Executive Officer if he or she would be re-
quired in terms of paragraph 3(1)(b), (c) or (d) of the First Schedule to vacate his or her office had the provisions
of that paragraph and of paragraph 1(b) and (c) of the First Schedule applied to him or her.
(4) Subject to the general control of the Commission, the Chief Executive Officer shall be responsible for—
(a) managing the operations and property of the Commission; and
(b) supervising and controlling the activities of the employees of the Commission in the course of their em-
ployment.
(5) The Commission may assign to the Chief Executive Officer such other functions as the Commission
thinks fit:
Provided that the Commission shall not assign to the Chief Executive Officer any duty that has been assigned
to the chairperson of the Commission.
(6) Any assignment of functions in terms of subsection (5) may be made either generally or specifically and
subject to such reservations, restrictions, and exceptions as the Commission may determine, and may be revoked
by the Commission at any time.
12 Employees of Commission
(1) The Commission may employ on such terms and conditions as it may determine employees who are nec-
essary for the conduct of the business of the Commission and may suspend, discipline or discharge any such per-
sons.
(2) The Commission may delegate its powers referred to in subsection (1) to the Chief Executive Officer.
 (3) The Commission may, with the approval of the Minister, make rules relating to staff development.
PART IV
F INANCIAL P ROVISIONS R ELATING TO C OMMISSION

13 Funds of Commission
The funds of the Commission shall consist of—
(a) moneys payable to the Commission from moneys appropriated for the purpose by Act of Parliament;
and
(b) any other moneys that may vest in or accrue to the Commission, whether in terms of this Act or other-
wise; and
(c) the proceeds of such share of the value of deposit fines collected by the Commission for pricing viola-
tions as is fixed by the Minister with the consent of the Minister of Finance.
14 Investment of moneys not immediately required by Commission
Moneys not immediately required by the Commission may be invested in such manner as the Commission in
consultation with the Minister may approve.
15 Accounts of Commission
(1) The Commission shall ensure that proper accounts and other records relating to such accounts are kept in
respect of all the Commission’s activities, funds and property, including such particular accounts and records as
the Minister may direct.
(2) As soon as possible after the end of each financial year, the Commission shall prepare and submit to the
Minister a statement of accounts in respect of that financial year or in respect of such other period as the Minister
may direct.
16 Audit of Commission’s accounts
(1) The Commission shall appoint as auditors one or more persons approved by the Minister who are regis-
tered as public auditors in terms of the Public Accountants and Auditors Act [Chapter 27:12] to audit the accounts
of the Commission.
(2) The auditors appointed in terms of subsection (1) shall make a report to the Commission and to the Min-
ister on the statement of accounts prepared in terms of section 15(2), and in their report shall state whether or not
in their opinion the statement of accounts gives a true and fair view of the Commission’s financial affairs.
(3) In addition to the report referred to in subsection (2), the Minister may require the Commission to obtain
from the auditors appointed in terms of subsection (1) such other reports, statements or explanations in connection
with the Commission’s activities, funds and property as the Minister may consider expedient.
(4) If in the opinion of the auditors appointed in terms of subsection (1)—
(a) they have not obtained the information and explanations they require; or
(b) any accounts or records relating thereto have not been properly kept; or
(c) the Commission has not complied with any provision of this Part;
the auditors shall include in their report made in terms of subsection (2) or (3), as the case may be, a statement to
that effect.
(5) If in terms of the Audit and Exchequer Act [Chapter 22:03], the Commission’s accounts are required to
be audited by the Comptroller and Auditor-General, any reference in this section to auditors appointed in terms of
subsection (1) shall be construed as a reference to the Comptroller and Auditor-General.
17 Powers of auditors
(1) The auditors appointed in terms of section 16 shall be entitled at all reasonable times to require to be pr o-
duced to them all accounts and other records relating to such accounts which are kept by the Commission or its
agents and to require from any commissioner or employee or agent of the Commission such information and ex-
planations as in the auditor’s opinion are necessary for the purpose of their audit.
(2) If the Chief Executive Officer or any commissioner or employee or agent of the Commission fails with-
out just cause to comply with a requirement of an auditor in terms of subsection (1), he or she shall be guilty of an
offence and liable to a fine not exceeding level ten or imprisonment for a period not exceeding two years or both
such fine and imprisonment.
PART IVA
C ONTROL OF INCOMES AND S ERVICE C HARGES
[Part IVA, sections 17A to 17G inserted by Act 2 of 2008]

17A Interpretation in Part IVA

(1) In this Part and section 20A—
 “collective bargaining agreement” means an agreement entered into between any or all of the parties to a na-
tional employment council in terms of the Labour Act [Chapter 28:01];
“consumer price index” means an index of consumer or other prices issued by the Zimbabwe National Statis-
tics Agency established under the Census and Statistics Act [Chapter 10:29] (No. 1 of 2007) or any
other index indicating the level of prices of goods at any time or during any period compared with the
prices of those goods at any other time or during any other period;
“employment contract” means a written or an oral contract of employment;
“quarter” means a period of three months ending on the 31st March, 30th June, 30th September and 31st De-
cember in each year;
“remuneration” means any payment made or owing to any person which arises in any manner whatsoever out
of employment, and includes a pension, gratuity or other similar benefit payable on or after the termina-
tion of an employment contract;
“rental” means any payment payable by a lessee or occupier of immovable property, including payment for
water and electricity supplied to the premises or for any other service supplied;
“service charge” means a charge for any service whatsoever, including, without derogating from the general-
ity of the foregoing—
(a) medical, dental, legal, educational or other similar services;
(b) repair services;
(c) transportation and storage services;
(d) entertainment;
(e) hairdressing;
(f) dry-cleaning, laundering and shoe-repairing;
“statutory body” means any body corporate established directly by or under any Act of Parliament for special
purposes specified in that Act.
[Section inserted by Act 2 of 2008]
17B Remuneration
(1) Notwithstanding any other law to the contrary, no employer shall increase the remuneration of any em-
ployee—
(a) solely on account of an increase in a consumer price index;
(b) on account of an increase in any official or unofficial rate at which the Zimbabwe dollar may be ex-
changed for any other currency;
(c) for the purpose of taking into account—
(i) an anticipated increase in a consumer price index;
(ii) an anticipated increase in any official or unofficial rate at which the Zimbabwe dollar may be
exchanged for any other currency;
(iii) the level of any value added tax or excise duty;
(d) to a level that would result in an increase of the remuneration equal to or in excess of that arrived at by
applying any standard referred to in paragraph (a), (b) or (c) unless, in increasing the remuneration, he
or she is able to justify the increase on grounds not related to those standards.
(2) Any provision of a collective bargaining agreement which provides for the remuneration of any employee
to be increased or negotiated in a manner or for a reason, as the case may be, which is inconsistent with subsection
(1) shall be void.
(3) For the purposes of this section, an employer who increases any remuneration to a level equal to or in ex-
cess of that arrived at by applying any standard referred to in subsection (l)(a), (b) or (c) shall bear the burden of
establishing any lawful excuse for such increase referred to in subsection (l)(d).
[Section inserted by Act 2 of 2008]
17C Leases
(1) Notwithstanding any other law to the contrary, no person shall increase any rental—
(a) solely on account of an increase in a consumer price index;
(b) on account of an increase in any official or unofficial rate at which the Zimbabwe dollar may be ex-
changed for any other currency;
(c) for the purpose of taking into account—
(i) an anticipated increase in a consumer price index;
(ii) an anticipated increase in any official or unofficial rate at which the Zimbabwe dollar may be
exchanged for any other currency;
(iii) the level of any value added tax or excise duty;
(d) to a level that would result in an increase of the rental equal to or in excess of that arrived at by applying
any standard referred to in paragraph (a), (b) or (c) unless, in increasing the rental, he or she is able to
justify the increase on grounds not related to those standards.
 (2) Any term of a contract of lease which provides for an increase in rental or the renegotiation of rental in a
manner or for a reason, as the case may be, which is inconsistent with subsection (1) shall be void.
(3) Nothing contained in this section shall preclude an increase in a rental as a result of an increase in—
(a) any expenditure specified in the definition of “recurrent expenditure” in section 3 of the Rent Regula-
tions, 2007, published in Statutory Instrument 32 of 2007, or section 3 of the Commercial Premises
(Rent) Regulations, 1983, published in Statutory Instrument 676 of 1983; or
(b) any similar expenditure incurred m respect of leased property.
(4) The parties to a contract of lease which contains a term which is void in terms of subsection (2) shall, if
the lessor so requests and notwithstanding anything contrary contained in the contract of lease, renegotiate the
increased rental to be paid in terms of the contract of lease.
(5) For the purposes of this section and section 17E(a), a person who increases any rental to a level equal to
or in excess of that arrived at by applying any standard referred to in subsection (1)(a), (b) or (c) shall bear the
burden of establishing any lawful excuse for such increase referred to in subsection (1)(d).
[Section inserted by Act 2 of 2008]
17D Service charges
(1) Notwithstanding any other law to the contrary, no person shall increase any service charge—
(a) solely on account of an increase in a consumer price index;
(b) on account of an increase in any official or unofficial rate at which the Zimbabwe dollar may be ex-
changed for any other currency;
(c) for the purpose of taking into account—
(i) an anticipated increase in a consumer price index;
(ii) an anticipated increase in any official or unofficial rate at which the Zimbabwe dollar may be
exchanged for any other currency;
(iii) the level of any value added tax or excise duty;
(d) to a level that would result in an increase of the service charge equal to or in excess of that arrived at by
applying any standard referred to in paragraph (a), (b) or (c), unless, in increasing the service charge, the
person increasing it is able to justify the increase on grounds not related to those standards.
(2) Any provision of any contract which provides for an increase in a service charge or the renegotiation of
service charge in a manner or for a reason, as the case may be, which is inconsistent with subsection (1) shall be
void.
(3) For the purposes of this section and section 17E(a), a person who increases any service charge to a level
equal to or in excess of that arrived at by applying any standard referred to in subsection (1)(a), (b) or (c) shall
bear the burden of establishing any lawful excuse for such increase referred to in subsection (1)(d).
[Section inserted by Act 2 of 2008]
17E Commission may fix standard for rentals and service charges
(1) The Commission may, in each quarter, fix a standard by which any rental or service charge is to be de-
termined or increased in consultation with—
(a) the Estate Agents Council established in terms of the Estate Agents [Chapter 27:17] and any organisa-
tions representing the interests of lessees, lodgers and boarders, for the purpose of fixing such a standard
with respect to rentals; and
(b) such persons or bodies as, in its opinion, represent the interests of any providers of the services affected
by section 17D, and any organisations representing the interests of consumers of those services, for the
purpose of fixing such a standard with respect to service charges;
and in doing so may—
(c) fix quarterly as a temporary standard the levels of rentals and service charges for a particular class of
immovable property, or a particular service, as at a specified base date in the quarter in question:
(d) permit account to be taken of an increase in the consumer price index as one of several other relevant
factors to be taken into account when fixing the final standard by which any rental and service charge is
to be determined or increased:
Provided that an increase in any rental or service charge that takes into account an increase in the consumer
price index as one of several other relevant factors shall not be permitted to be effected more than once in any
quarter.
(2) For the avoidance of doubt, it is declared that sections 18 and 19 shall apply to the exercise of the Com-
mission’s powers in terms of this Part.
[Section inserted by Act 2 of 2008]

17F Application of Part IVA to statutory bodies

(1) The following statutory bodies, namely—
(a) the Broadcasting Authority of Zimbabwe established in terms of the Broadcasting Services Act [Chapter
12:06] (No. 3 of 2001);
 (b) the Postal and Telecommunications Regulatory Authority of Zimbabwe established in terms of the
Postal and Telecommunications Services Act [Chapter 12:05] (No 4 of 2000);
(c) the Electricity Commission established in terms of the Electricity Act [Chapter 13:19] (No 4 of 2002);
(d) the Reserve Bank of Zimbabwe established in terms the Reserve Bank of Zimbabwe Act [Chapter
22:13] (No 5 of 1999), with respect to the regulation of bank charges in terms of the Bank Use Promo-
tion and Suppression of Money Laundering Act [Chapter 24:24] (No. 2 of 2004);
(e) any other statutory body whatsoever, including a body established to regulate the conduct and discipline
of members of a specific profession or calling, that is required by its parent Act approve the levels of
fees and charges levied by members of any class of persons described in that Act;
shall, notwithstanding anything to the contrary contained in the Acts under which they are established or any other
enactment not approve any tariff of fees and charges submitted to them for approval by any person required to do
so in terms of those Acts, unless the tariffs are first referred to the Commission for approval.
(2) Notwithstanding that the statutory body or any Minister responsible for any of the Acts referred to in sub-
section (3) is empowered to give final approval for those tariffs, the decision of the Commission upon those tariffs
shall be final and valid in every respect as if it had been made by the statutory body or the Minister concerned, as
the case may be.
(3) Every statutory body (including every university or college established in terms of an Act of Parliament),
and every department of the Government that levies fees or charges for services provided by it to members of the
public, shall, notwithstanding anything to the contrary contained in the Acts under which they are established or
any other enactment, not increase any tariffs, fees or charges, unless the proposal to increase such tariffs, fees or
charges are first referred to the Commission for approval.
(4) Notwithstanding that any Minister responsible for any statutory body or department of the Government
referred to in subsection (3) is empowered by any enactment or instrument having the force of law to give final
approval for the tariffs, fees or charges there referred to, the decision of the Commission upon those tariffs, fees or
charges shall be final and valid in every respect as if it had been made by th e Minister in terms of the enactment or
instrument concerned.
(5) Any company of which the State is the sole or the majority shareholder that was formed as a successor to
any statutory body, including, but not limited to, the successors to the Central Mechanical Equipment Department,
Government Printers and Stationers, the Government Medical Stores, the Roasting Plant and Air Zimbabwe, and
any other company of which the State is the sole or the majority shareholder, including, but not limited to, the Na-
tional Oil Company of Zimbabwe shall, notwithstanding anything to the contrary contained in the Acts under
which they became companies or their memoranda or articles of association, not increase any tariffs, fees or
charges to the State or members of the public, unless the proposal to increase such tariffs, fees or charges are first
referred to the Commission for approval.
(6) Any increase of a tariff, fee or charge that is made in contravention of subsection (1), (3) and (5) shall be
void.
(7) For the avoidance of doubt, it is declared that sections 18, 19, 17B, 17C and 17E shall apply to the statu-
tory bodies and companies referred to in this section, and to the exercise of the Commission’s powers in terms of
this Part.
[Section inserted by Act 2 of 2008]
17G Offences against Part IVA
Any person who—
(a) contravenes or fails to comply with sections 17B, 17C, 17D or 17F; or
(b) increases any rental or service charge in contravention of a temporary or final standard fixed in terms of
section 17E;
shall be guilty of an offence and liable to a fine not exceeding level eight or to imprisonment for a period not ex-
ceeding six months or both such fine and imprisonment.
[Section inserted by Act 2 of 2008]

PART V
GENERAL

18 Power to obtain information

(1) The chairperson may, by notice in writing signed by him or her and served on a person, require the pe r-
son—
(a) to furnish to the Commission, in writing, such information in relation to the affairs of the person as is
specified in the notice; or
(b) to produce to the Commission, in accordance with the notice, such documents in relation to the affairs of
the person as are specified in the notice;
being information that is, or documents that are, relevant to—
 (i) the consideration by the Commission of the matters contained in a notice given to the Commis-
sion by the person; or
(ii) an inquiry that is being held in relation to the person; or
(iii) a supply of goods or services by the person, being a supply of a kind in relation to which this Act
applies.
(2) Any person who—
(a) without reasonable excuse, refuses or fails to comply with a notice under subsection (1); or
(b) in purported compliance with such a notice, knowingly furnishes information that is false or misleading;
shall be guilty of an offence and liable to a fine not exceeding level ten or imprisonment for a period not exceed-
ing two years or both such fine and imprisonment.
19 Inspectors
(1) The Commission may designate any of its employees to be inspectors for the purpose of this Act.
(2) Inspectors designated under subsection (1) shall also be inspectors for the purposes of the Control of
Goods Act [Chapter 14:05].
(3) The Commission shall cause every inspector to be furnished with a certificate of appointment signed by
the Chief Executive Officer, which the inspector shall exhibit on demand by any interested person before carrying
out any functions under this Act or the Control of Goods Act [Chapter 14:05].
20 Powers of entry and inspection
(1) An inspector may at all reasonable times—
(a) enter any premises in or on which he or she has reasonable cause to suspect that there are goods or
documents relating to any pricing violations;
(b) require any person upon the premises—
(i) to disclose any information at his or her disposal; and
(ii) to produce any book, record or document or extract therefrom that may relate in any way to any
actual or suspected pricing violations;
and
(c) make copies of or take extracts from any book, record or document referred to in paragraph (b).
20A Prices of goods
(1) Notwithstanding any other law to the contrary, but subject to the Control of Goods Act [Chapter 14:05],
no person carrying on business in the course of which any goods are supplied shall increase the prices of such
goods—
(a) on account of an increase in a consumer price index;
(b) on account of an increase in any official or unofficial rate at which the Zimbabwe dollar may be ex-
changed for any other currency;
(c) for the purpose of taking into account—
(i) an anticipated increase in a consumer price index;
(ii) an anticipated increase in any official or unofficial rate at which the Zimbabwe dollar may be
exchanged for any other currency;
(iii) the level of any value added tax or excise duty;
(d) to a level that would result in an increase of the prices of the goods equal to or in excess of that arrived
at by applying any standard referred to in paragraph (a), (b) or (c), unless, in increasing the prices of
such goods, the person increasing them did not himself or herself apply any of those standards, and he or
she is able to justify the increase on grounds not related to those standards.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceed-
ing level eight or to imprisonment for a period not exceeding six months or both such fine and imprisonment.
(3) For the purposes of this section, a person who increases the prices of any goods to a level equal to or in
excess of that arrived at by applying any standard referred to in subsection (1)(a), (b) or (c) shall bear the burden
of establishing any lawful excuse for such increase referred to in subsection (l)(d).
[Section inserted by Act 2 of 2008]
20B Commission may fix standard for prices of goods
(1) The Commission may, in each quarter, in consultation with such persons or bodies as, in its opinion, are
representative of persons carrying on business in the course of which the goods in question are supplied, and any
organisations representing the interests of consumers of those goods, fix a standard by which the prices of any
specified goods or classes thereof are to be determined or increased, and in doing so may—
(a) fix quarterly as a temporary standard the levels of the prices of the goods in question as at a specified
base date in the quarter in question; and
 (b) permit account to be taken of an increase in the consumer price index as one of several other relevant
factors to be taken into account when fixing the final standard by which the levels of the prices of the
goods in question are to be determined or increased:
Provided that an increase in the levels of the prices of the goods in question that takes into account an in-
crease in the consumer price index as one of several other relevant factors shall not be permitted to be effected
more than once in any quarter.
(2) For the avoidance of doubt, it is declared that sections 18 and 19 shall apply to the exercise of the Com-
mission’s powers in terms of section 20A and this section.
(3) Any person who increases any prices of goods in contravention of a temporary or final standard fixed in
terms of subsection (1) shall be guilty of an offence and liable to a fine not exceeding level eight or to impriso n-
ment for a period not exceeding six months or both such fine and imprisonment
[Section inserted by Act 2 of 2008]
21 Refusal to sell goods
Any person carrying on business in the course of which any price monitored or controlled goods and services
are supplied, and who has in his or her possession any quantity of the goods, and who—
(a) falsely denies to an inspector that he or she has the goods in his or her possession; or
(b) refuses or fails to supply to any customer the goods upon tender of immediate payment of the lawful
maximum price thereof; or
(c) refuses or fails to expose or offer for sale such goods continuously;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or imprisonment for a period not e x-
ceeding five years or to both such fine and imprisonment.
22 Display of prices of goods on sale
(1) Every wholesaler and retailer shall display the prices of goods offered for sale.
(2) Any person who fails to display the prices of goods offered for sale shall be guilty of an offence and li-
able to a fine not exceeding level ten or imprisonment not exceeding two years or to both such fine and imprison-
ment.
23 Conditional selling
Any trader, manufacturer, producer, commission agent or retailer to whom an offer to buy price monitored or
controlled goods has been made and who imposes any condition of sale other than a condition—
(a) requiring immediate payment on delivery thereof; or
(b) prescribing the terms upon which payment must be made or delivery taken; or
(c) requiring a deposit in respect of any container of such goods;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or imprisonment for a period not ex-
ceeding five years or to both such fine and imprisonment.
24 Preservation of secrecy
(1) Every person who—
(a) is employed in carrying out the provisions of this Act; or
(b) examines documents under the control or in the custody of the Commission;
shall, subject to subsection (2), keep secret, and aid in keeping secret, all information coming to his or her knowl-
edge in the exercise of his or her functions.
(2) No person referred to in subsection (1) shall, except in the exercise of his or her functions under this Act
or unless he or she is required to do so by order of a competent court—
(a) communicate information coming to his or her knowledge in the exercise of his or her functions to any
person who is not—
(i) the person to whom the information relates or by whom the information was furnished; or
(ii) the lawful representative of the person to whom the information relates or by whom the informa-
tion was furnished; or
(iii) a person to whom the information is required to be communicated in terms of this Act or any
enactment relating to the Public Service, the collection and safe custody of public moneys or the
audit of public accounts;
or
(b) allow any person who is not a person referred to in paragraph (a)(i), (ii) or (iii) to have access to any
record, document or application under the control or in the custody of the Commission which contains
information referred to in that paragraph.
(3) No person referred to in subsection (1) shall, for his or her personal gain, directly or otherwise, make use
of any information which has come to his or her knowledge in the exercise of his or her functions in terms of this
Act.
 (4) Any person who contravenes any provision of this section shall be guilty of an offence and liable to a
fine not exceeding level eight or to imprisonment for a period not exceeding three years or to both such fine and
such imprisonment.
25 Exemption of Commission from liability
No liability shall attach to the Commission or to a commissioner or any committee or employee of the Com-
mission for any loss or damage sustained by any person as a result of the bona fide exercise or performance of any
function which by or in terms of this Act is conferred or imposed upon the Commission or a committee or em-
ployee of the Commission:
Provided that this section shall not be construed so as to prevent any person from recovering compensation
for any loss or damage sustained by him or her which was caused by gross negligence or fraud.
26 General offences and penalties
(1) Any person who—
(a) obstructs or hinders any person authorised under this Act to enter and inspect or search any premises or
to stop and search any vehicle or to examine any books, accounts or documents or to seize any vehicle,
goods or money; or
(b) refuses or delays or fails to produce any books, accounts or other documents or certified copies or trans-
lations thereof relating to his or her business which he or she may be required under this Act to produce;
or
(c) refuses or delays or fails to furnish any information or, in purported compliance with any requirement of
this Act, knowingly or without reasonable grounds for believing the same to be true furnishes informa-
tion which is false or misleading in any material particular, whether upon demand being made by a per-
son authorised under this Act to demand the same or otherwise; or
(d) publishes or otherwise discloses any information in contravention of any provision of this Act; or
(e) refuses or delays or fails to, comply with any order, prohibition, direction, demand, requirement or no-
tice lawfully made, given, issued, served or published under this Act;
shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not
exceeding five years or to both such fine and such imprisonment.
(2) Any person who offers for sale any goods or services at prices above the approved prices shall be guilty
of an offence and liable to a fine not exceeding level fourteen or an amount equivalent to five times the amount of
any profit or advantage unlawfully gained or acquired by the convicted person as a result of the offence, which-
ever is greater.
(3) Where any trader, manufacturer, producer, commission agent, clearing and forwarding agent, transporter
or person rendering any services has been found guilty of any offence under this Act, the court may, in addition to
any other penalty to which the convicted person may be liable, make such order, having effect during such period,
as the court thinks fit, for preventing the offender from carrying on, or being concerned directly or indirectly in
the carrying on of, the business in the course of which the transaction constituting the offence was effected, or any
branch of that business, or in any business or branch of a business of a similar character.
(4) Where a person charged with any offence under this Act is a body corporate, every person who, at the
time of the commission of the offence, was a director, manager or officer of the body corporate may be charged
jointly in the same proceedings with such body corporate, and, where the body corporate is convicted of the of-
fence, every such director, manager or officer shall be deemed to be guilty of that offence unless he or she proves
that the offence was committed without his or her knowledge or that he or she exercised all due diligence to pre-
vent the commission of the offence.
27 Regulatory powers of the Commission
(1) Subject to subsection (3), the Commission, may make by-laws providing for all matters which by this Act
are required or permitted to be prescribed or which in its opinion, are necessary or convenient to be prescribed in
order to carry out or give effect to this Act.
(2) By-laws made in terms of subsection (1) may provide for—
(a) the manner in which inspections are to be conducted;
(b) the manner in which investigations are to be carried out;
(c) factors to be taken into consideration in the price determination of price monitored or controlled goods
and services;
(d) factors to be considered in incomes adjustments;
(e) the listing of price monitored or controlled goods and services.
(3) By-laws made in terms of subsection (1) shall not have any effect until they have been approved by the
Minister and published in a statutory instrument.
28 Amendment of Cap. 14:05 and Statutory Instrument 334 of 2001
(1) The Control of Goods Act [Chapter 14:05] is amended—
(a) in section 2 (“Interpretation”) by the insertion of the following definition—
 ““Commission” means the National Incomes and Pricing Commission established in terms of section 4 of the
National Incomes and Pricing Commission Act [Chapter 14:32];”;
(b) in section 3 (“Regulations for the control of goods”) by the insertion after “Whenever” of “on the rec-
ommendation of or in consultation with the Commission,”.
(2) The Control of Goods (Price Control) Regulations, 2001, published in Statutory Instrument 334 of 2001,
is amended—
(a) in section 2 (“Interpretation”) by the repeal of the definition of “inspector” and the substitution of—
““inspector” means a person designated as an inspector in terms of section 19 of the National Incomes and
Pricing Commission Act [Chapter 14:32];”;
(b) by the repeal of section 30.

FIRST SCHEDULE (Section 4(3))

P ROVISIONS APPLICABLE TO THE C OMMISSION

1. Disqualifications for appointment as commissioner.

2. Terms and conditions of service of commissioners.
3. Vacation and suspension of commissioners from office.
4. Filling of vacancies in Commission.
5. Chairperson and deputy chairperson of Commission.
6. Meetings and procedure of Commission.
7. Committees of Commission.
8. Remuneration and allowances of commissioners and members of committees.
9. Disclosure of interests by commissioners and members of committees.
10. Validity of decisions and acts of Commission and committees.
11. Minutes of proceedings of Commission and committees.
1. Disqualifications for appointment as commissioner
(1) A person shall not be appointed as a commissioner or be qualified to hold office as a commissioner if—
(a) he or she is not a citizen of or ordinarily resident in Zimbabwe; or
(b) in terms of a law in force in any country—
(i) he or she has been adjudged or otherwise declared insolvent or bankrupt and has not been reha-
bilitated or discharged; or
(ii) he or she has made an assignment to, or arrangement or composition with, his or her creditors
which has not been rescinded or set aside;
or
(c) he or she has been convicted in Zimbabwe or in any country of an offence involving fraud or dishonesty
and sentenced to a term of imprisonment imposed without the option of a fine, whether or not any por-
tion of the sentence has been suspended, and he or she has not received a free pardon.
(2) A member of Parliament shall not be qualified for appointment as a commissioner.
(3) A person shall not be qualified for appointment as a commissioner if he or she is a member of two or
more other statutory bodies.
(4) For the purposes of subparagraph (3)—
(a) a person who is appointed to a council, board or other authority which is a statutory body or which is
responsible for the administration of the affairs of a statutory body shall be regarded as a member of that
statutory body;
(b) “statutory body” means—
(i) any commission established by the Constitution; or
(ii) any body corporate established directly by or under an Act for special purposes specified in that
Act, the membership of which consists wholly or mainly of persons appointed by the President,
a Vice-President, a Minister or any other statutory body or by a commission established by the
Constitution.
2. Terms and conditions of service of commissioners
(1) Subject to this Part, a commissioner, other than the chairperson and deputy chairperson, shall hold office
for such period, not exceeding three years, from the date of appointment, and upon the expiry of his or her term of
office he or she shall be eligible for re-appointment as a commissioner.
(2) On the expiry of the period for which a commissioner has been appointed in terms of subparagraph (1),
he or she shall continue to hold office for a period not exceeding six months, until he or she has been re -appointed
or his or her successor has been appointed.
(3) Subject to this Schedule, a commissioner, other than the chairperson and deputy chairperson, shall hold
office on such terms and conditions as the President may fix for commissioners generally.
 3. Vacation and suspension of commissioners from office
(1) A commissioner shall vacate his or her office and his or her office shall become vacant—
(a) one month after the date on which he or she gives notice to the President, through the Minister, of his or
her intention to resign, or after the expiry of such other period of notice as he or she and the Minister
may agree; or
(b) if he or she becomes a member of Parliament; or
(c) if he or she becomes disqualified in terms of paragraph 1(1)(a) or (b) or paragraph 1(2) or (3) to hold
office as a commissioner; or
(d) on the date he or she begins to serve a sentence of imprisonment, whether or not any portion has been
suspended, imposed without the option of a fine in any country.
(2) The President may require a commissioner to vacate his or her office if the commissioner—
(a) has been guilty of improper conduct as a commissioner or of conduct prejudicial to the interests or repu-
tation of the Commission; or
(b) has failed to comply with any condition of his or her office fixed by the President in terms of paragraph
2(3) or paragraph 5(5); or
(c) is mentally or physically incapable of efficiently performing his or her functions as a commissioner.
(3) The President, on the recommendation of the Commission, may require a commissioner to vacate his or
her office if the President is satisfied that the commissioner has been absent, without the permission of the Com-
mission, from three consecutive meetings of the Commission of which the commissioner was given not less than
seven days’ notice, and that there was no just cause for the commissioner’s absence.
(4) The President─
(a) may suspend from office a commissioner against whom criminal proceedings have been instituted in
respect of an offence for which a sentence of imprisonment without the option of a fine may be im-
posed;
(b) shall suspend from officer a commissioner who has been sentenced by a court to imprisonment without
the option of a fine, whether or not any portion has been suspended, pending determination of the ques-
tion whether the commissioner is to vacate his or her office;
(c) may suspend from office a commissioner against whom misconduct charges have been preferred pend-
ing determination of the charges;
and while the commissioner is so suspended he or she shall not exercise any function or be entitled to any remu-
neration as a commissioner.
4. Filling of vacancies in Commission
On the death of, or the vacation of office by, a commissioner, the President shall appoint a person qualified to
fill the vacancy.
5. Chairperson and deputy chairperson of Commission
(1) The President shall designate one of the commissioners to be the chairperson of the Commission and an-
other commissioner to be the deputy chairperson.
(2) The chairperson and the deputy chairperson of the Commission shall hold office for such period as the
President may fix:
Provided that the President may at any time for good cause terminate the appointment of the chairperson or
deputy chairperson and designate another commissioner as chairperson or deputy chairperson, as the case may be.
(3) The deputy chairperson shall perform the chairperson’s functions during any period that the chairperson
is unable to perform them.
(4) On the expiry of the period for which the chairperson or deputy chairperson has been appointed in terms
of subparagraph (2), he or she shall continue to hold office until he or she has been re-appointed or his or her suc-
cessor has been appointed.
(5) Subject to this Part, the chairperson and deputy chairperson shall hold office on such terms and conditions
as the President may fix.
6. Meetings and procedure of Commission
(1) The Commission shall hold its first meeting at a date and place fixed by the Minister, and thereafter shall
meet for the dispatch of business and adjourn, close and otherwise regulate its meetings and procedure as it thinks
fit:
Provided that the Commission will meet at least six times in each financial year.
(2) The chairperson—
(a) may convene a special meeting of the Commission at any time; and
(b) shall convene a special meeting of the Commission on the written request of the Minister or of at least
two commissioners, which meeting shall be convened on a date not sooner than seven days nor later
than thirty days after the chairperson’s receipt of the request.
 (3) Written notice of a special meeting to be convened in terms of subparagraph (2), specifying the business
of the meeting, shall be sent to each commissioner not later than forty-eight hours before the meeting.
(4) No business shall be discussed at a special meeting convened in terms of subparagraph (2) other than—
(a) where the meeting was convened by the chairperson in terms of paragraph (a) of that subparagraph;
such business as he or she specifies; or
(b) where the meeting was convened by the chairperson in terms of paragraph (b) of that subparagraph, such
business for which the meeting was requested.
(5) The chairperson or, in his or her absence, the deputy chairperson shall preside at meetings of the Com-
mission:
Provided that if the chairperson and the deputy chairperson of the Commission are both absent from any
meeting of the Commission, the commissioners present may elect one of their member to preside at the meeting as
chairperson.
(6) Five commissioners shall form a quorum at any meeting of the Commission.
[Paragraph amended by Act 2 of 2008]
(7) Subject to subparagraph (11), all acts, matters or things authorised or required to be done by the Commis-
sion shall be decided by consensus or a majority vote of the commissioners at a meeting of the Commission at
which a quorum is present.
(8) With the Commission’s approval, the chairperson may invite any person to attend a meeting of the Com-
mission or a committee where the chairperson considers that the person has special knowledge or experience in
any matter to be considered by the Commission at that meeting.
(9) A person invited to attend a meeting of the Commission or a committee in terms of subparagraph (8) may
take part in the proceedings of the Commission or the committee as if he or she were a commissioner or member
thereof, but shall not have a vote on any question before the Commission or committee.
(10) Subject to paragraph 9, at all meetings of the Commission each commissioner present shall have one
vote on any question before the Commission and, in the event of an equality of votes, the person presiding at the
meeting shall have a casting vote in addition to a deliberative vote.
(11) Any proposal circulated among all commissioners and agreed to in writing by a majority of them shall
have the same effect as a resolution passed by a duly constituted meeting of the Commission and shall be incorpo-
rated into the minutes of the next succeeding meeting of the Commission:
Provided that if a commissioner requires that such a proposal be placed before a meeting of the Commission,
this subparagraph shall not apply to the proposal.
7. Committees of Commission
(1) For the better exercise of its functions, the Commission may establish one or more committees in which it
may vest such of its functions as it considers appropriate:
Provided that the vesting of any function in a committee shall not divest the Commission of that function, and
the Commission may amend or rescind any decision of the committee in the exercise of that function.
(2) On the establishment of a committee in terms of subparagraph (1), the Commission—
(a) shall appoint at least one commissioner to be a member of the committee and shall designate that com-
missioner or, if more than one commissioner is so appointed, one of those commissioners, as the case
may be, to be the chairperson of the committee; and
(b) may appoint as members of the committee, on such terms and conditions as the Commission may fix,
persons who are not commissioners.
(3) Meetings of a committee may be convened at any time and any place by the chairperson of the Commis-
sion or the chairperson of the committee.
(4) Subject to subparagraph (3) and to paragraphs 9, and 11, the procedure to be followed at any meeting of a
committee shall be as fixed by the Commission.
8. Remuneration and allowances of commissioners and members of committees
Every commissioners or member of a committee shall be paid from the Commission’s funds—
(a) such remuneration, if any, as the Minister may fix, generally; and
(b) such allowances as the Minister may fix to meet any reasonable expenses incurred by a commissioner or
member of a committee in connection with the business of the Commission or the committee, as the
case may be.
9. Disclosure of interests by commissioners and members of committees
(1) If a commissioner or a member of a committee or a spouse of such commissioner or member—
(a) knowingly acquires or holds a direct or indirect pecuniary interest in a company or association of per-
sons whose conduct is the subject of an investigation under this Act; or
(b) owns immovable property or a right in immovable property or a direct or indirect pecuniary interest in a
company or association of persons which results in his or her private interests coming or appearing to
 come into conflict with his or her functions as a commissioner or member of a committee, as the case
may be;
the commissioner or member shall forthwith disclose the fact to the Commission or the committee, as the case
may be.
(2) A commissioner or member referred to in subparagraph (1) shall take no part in the consideration or dis-
cussion of, or vote on, any question before the Commission or the committee, as the case may be, which relates to
any investigation, order, contract, right, immovable property or interest referred to in that subsection.
(3) A commissioner or member referred to in subparagraph (1) shall not—
(a) apply or negotiate for a contract with the Commission; or
(b) tender for or acquire or hold a direct or indirect pecuniary interest in a contract with the Commission.
(4) Any person who contravenes subparagraph (1) or (2) shall be guilty of an offence and liable to a fine not
exceeding level fourteen or to imprisonment for a period not exceeding five years or to both such fine and such
imprisonment.
10. Validity of decisions and acts of Commission and committees
No decision or act of the Commission or committee and no act that is authorised by the Commission or com-
mittee shall be invalid solely because there was a vacancy in the membership of the Commission or the committee
or because a disqualified person purported to act as a commissioner or member of the committee, as the case may
be, at the time the decision was taken or the act was done or authorised.
11. Minutes of proceedings of Commission and committees
(1) The Commission shall cause minutes of all proceedings of and decisions taken at every meeting of the
Commission and any committee to be entered in books kept for the purpose.
(2) Any minutes referred to in subparagraph (1) which purport to be signed by the person presiding at the
meeting to which the minutes relate or by the person presiding at the next following meeting of the Commission
or committee concerned, as the case may be, shall be accepted for all purposes as prima facie evidence of the pro-
ceedings and decision taken at the meeting concerned.

SECOND SCHEDULE (Section 6)

P OWERS OF C OMMISSION

1. To acquire by lease, purchase, or otherwise, immovable property and construct buildings thereon.
2. To buy, take in exchange, hire or otherwise acquire movable property, including vehicles, necessary or con-
venient for the performance of its functions.
3. To maintain, alter and improve property acquired by it.
4. To mortgage or pledge any assets or part of any assets and to sell, exchange, let, dispose of, turn to account
or otherwise deal with any assets or part of any assets which are not required for the exercise of its functions
for such consideration as the Commission may, with the approval of the Minister, determine.
5. To open bank and building society and post office accounts in the name of the Commission and to draw,
make, accept, endorse, discount, execute and issue for the purposes of its functions promissory notes, bills of
exchange, bills of lading, securities and other negotiable or transferable instruments.
6. To insure against losses, damages, risks and liabilities which it may incur.
7. With the approval of the Minister, to enter into, review, cancel or abandon arrangements with any govern-
ment or authority, local or otherwise, that may seem conducive to the exercise of its functions or any of
them and to obtain from such government or authority rights, privileges and concessions which the Com-
mission thinks desirable to obtain, and carry out, exercise and comply with such arrangements, rights, privi-
leges and concessions.
8 To raise loans or borrow money in such amounts and for such purposes and under such conditions as may be
approved by the Minister.
9. To establish and administer such funds and reserves as the Commission may consider appropriate or neces-
sary for the proper exercise of the functions of the Commission.
10. To provide terminal benefits for its employees on their retirement, resignation, discharge or other termina-
tion of service or in the event of their sickness or injury.
11. Generally, to do all such things as are calculated to facilitate or are incidental or conducive to the perform-
ance of the functions of the Commission in terms of this Act or any other enactment.