Chronicle Editor
Sukulwenkosi Dube-Matutu, Chronicle Reporter
THE Zimbabwe Nurses Association (Zina) has welcomed the move by Government to replace the existing health board with a commission as part of changes contained in the Health Service Amendment Bill but expressed opposition to some clauses.
The Portfolio Committee on Health and Child Care is conducting public hearings on the Health Service Amendment Bill which seeks to outlaw industrial action by health workers lasting for more that two days.
The Bill was gazetted in July last year.
The proposed law seeks to govern the operations of all medically qualified personnel and everyone employed to assist them in the Ministry of Health and Child Care, local authorities or at mission hospitals.
The Bill will amend the Health Service Act.
Under the proposed law, hospital management boards must get the Commission’s approval to appoint staff.
The Minister is also required to act “in consultation with the Commission” when establishing management boards for Government hospitals.
The Bill also seeks to align the existing Health Service Act of 2005 with the Constitution.
In Clause Five, the Bill states that the health services shall be deemed an essential service as referred to in the Constitution and that all industrial action should not last more than 48 hours.
Presenting a position paper on behalf of Zina during a consultative meeting in Gwanda, Francis Tuna who is a member of the association said Zina realises the importance of the Bill but the proposed law must not infringe on the rights of health workers.
Zina is the largest representative body of nurses in Zimbabwe.
It comprises over 10 000 members, most of whom are practising nurses.
“Zina welcomes the introduction or the replacement of a Board with a Commission.
As far as possible, it is hoped that the Commission will be run in a manner that is reflective of how other Commissions established by the Constitution of Zimbabwe are run.
The blue print set by the Constitution must be the one underpinning the fabric of this new Commission,” reads the position paper.
“The proposed Section 16A to the Health Service Amendment Bill which talks about curtailment of health workers’ right to strike is not only manifestly unconstitutional but, in any event, will create great division between the Commission/Executive and the health workers.
It’s a constitutional right for health workers to work in satisfactory conditions of work. Satisfactory conditions also refers to safe conditions.”
Section 4(3) of the Bill says “the Health Service Commission must exercise its functions in accordance with any general written policy directives which the Minister may give it.”
Zina said this means that the Commission will not be independent but will be operating under the influence of the Minister of Health and Child Care.
The association said the Commission should exercise its powers independently under Parliament’s oversight.
A Minister is not there to direct a Commission but, instead, is supposed to be guided by it, the nurses said.
–@DubeMatutu
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