Online Reporter
Godknows Hofisi
Business Law
In this article, I share with you some of the amendments made to the Medical Services Act (Chapter 15:13) (the Principal Act or Act) through the Medical Services Amendment No. 3 of 2026 (the Amendment Act), which was gazetted in July 2026.
Changes
The Amendment Act introduces a raft of changes to the Principal Act. I will explain some of them below.
Prohibition against refusal of emergency treatment Section 7 of the Amendment Act amends section 12 of the Principal Act by the insertion of section 12A — Prohibition against refusal of emergency treatment.
According to the new section 12A (1) to the Principal Act, a private health institution shall admit any patient who is suffering from a condition that causes an immediate danger to the life of the patient for a period of not less than 48 hours for the purpose of stabilising the patient before transferring him or her to a Government health institution that has the capacity to provide the required medical treatment or care, if he or she is unable to afford treatment on the same terms and conditions as other patients admitted to the private health institution.
In terms of section 12A(2), the Minister may request a private health institution to make available to any patient who is suffering from a condition that causes an immediate danger to the life of the patient or is a victim of a public emergency who was originally admitted to Government health institutions, such specialist medical facilities as may be unavailable at the Government health institutions concerned.
Section 12A(3) provides that the Minister and the concerned private health institution may conclude or facilitate the conclusion of an agreement for the recovery of all or part of the costs of the treatment of the patients referred to in section 12A(1) and (2) above, whether from the patients or the State.
In terms of section 12A(4), any head of a private health institution or health care practitioner (if the health care practitioner so acted without the knowledge and authority of the head) who contravenes section 12A(1) and (2) shall be guilty of an offence and liable to a fine not exceeding level 8 or to imprisonment not exceeding one year or to both such fine and such imprisonment.
Treatment and care for persons under arrest, detention, or imprisonment
Section 3 of the Amendment Act introduces section 7A (Treatment and care for persons under arrest, detention or imprisonment) to the Principal Act.
The section provides that every health institution shall, at the expense of the State or, if the person so elects, at his or her own expense, give persons under arrest, detention or imprisonment treatment on the same terms and conditions as other persons admitted to the health institution.
Prohibition against discrimination in the exercise of the right to admit patients
Section 6 of the Amendment Act amends section 12(2) of the Principal Act.
It now provides that “no person shall be prejudiced by reason of discrimination in contravention of section 56(3) of the Constitution”.
Conclusion
The Medical Services Amendment No.3, 2026 brings about many changes to the Medical Services Act (Chapter 15:13). Space permitting, I will explain more in the future.
Disclaimer
This simplified article is for general information purposes only and does not constitute the writer’s professional advice.
Godknows (GK) Hofisi, LLB(UNISA), B.Acc(UZ), Hons BCompt (UNISA), CA(Z), ACCA (Business Valuations), MBA(EBS, Heriot- Watt, UK) is the Managing Partner of Hofisi & Partners Commercial Attorneys, chartered accountant, insolvency practitioner, commercial arbitrator, registered tax accountant and advises on deals and transactions. He has extensive experience in industry and commerce and is a former World Bank staffer in the Resource Management Unit. He sits on the Board of the Council of Estate Administrators in Zimbabwe. He writes in his personal capacity. He can be contacted on +263 772 246 900 or ghofisi@ hofisilaw.com or gohofisi@ gmail.com. Visit www.hofisilaw.com for more articles.
