On 7 July 2026, the Government of Zimbabwe gazetted the Medical Services Amendment Act, 2026 (Act No. 3 of 2026), introducing significant amendments to the Medical Services Act [Chapter 15:13]. The Act strengthens Zimbabwe’s legal framework governing the delivery of healthcare by expanding patients’ and health professionals’ rights, prescribing minimum standards for healthcare providers and institutions, and enhancing regulatory oversight of health services.
Among its notable reforms, the Act introduces provisions on informed consent, patient participation in healthcare decisions, confidentiality and protection of health records, emergency medical treatment, complaints procedures, and safeguards for both patients and healthcare professionals. It also aligns several provisions of the Act with constitutional principles relating to access to healthcare, equality and non-discrimination.
This article examines the key amendments introduced by the Act and considers their significance for patients, healthcare providers and health institutions in Zimbabwe.
New definitions in the Amendment Act
One of the first changes introduced by the Amendment Act is the expansion of the interpretation section through the introduction of new statutory definitions. These definitions provide greater clarity on the scope and application of the Act and support the implementation of several of the new rights and obligations introduced by the amendments.
Among the notable additions is the definition of “emergency medical treatment”, which refers to treatment necessary to prevent or reduce a life-threatening but reversible deterioration in a person’s health until the patient’s condition has stabilised or sufficiently improved. This definition provides important context for the Act’s new provisions relating to emergency medical treatment and the obligations of health institutions.
The Amendment Act also introduces a definition of “reproductive health care”, recognising it as a state of complete physical, mental and social well-being in all matters relating to the reproductive system and its functions, rather than merely the absence of disease or infirmity. The inclusion of this definition reflects the broader approach adopted by the Act in defining healthcare and the services to which patients may be entitled.
Equal Access to Healthcare for Persons in State Custody
The Amendment Act introduces Section 7A, which guarantees access to healthcare for persons under arrest, detention or imprisonment. Health institutions are now required to provide treatment to such persons on the same terms and conditions as other patients, with the cost being borne by the State or, where the individual so elects, at their own expense. This provision reinforces the principle that a person’s legal status should not diminish their entitlement to medical treatment while in State custody.
Emphasis on Patient Information, Informed Consent and Participation
One of the key reforms introduced by the Amendment Act is the insertion of Part IIA, which establishes general standards and practices applicable to the delivery of healthcare. Among these are new obligations requiring healthcare providers to ensure that patients are properly informed, are able to give informed consent, and participate in decisions relating to their treatment.
Patients Must Be Properly Informed
Section 8A requires every healthcare provider, whether a health practitioner or health institution, to provide patients with sufficient information to enable them to make informed decisions about their care. This includes information relating to:
- the patient’s health status, unless disclosure would be contrary to the patient’s best interests;
- available diagnostic procedures and treatment options;
- the benefits, risks, costs and likely consequences of each treatment option; and
- the patient’s right to refuse treatment and the implications of that decision.
The Act further requires that this information be communicated in a language the patient understands and in a manner appropriate to the patient’s level of understanding.
Informed Consent Becomes the General Rule
Complementing the duty to provide information, Section 8B prohibits the provision of healthcare services without the patient’s informed consent, except in limited circumstances prescribed by the Act. These include situations where the patient is incapable of giving consent and it is lawfully provided by a person authorised to act on the patient’s behalf or pursuant to a court order.
Patients Have a Right to Participate in Healthcare Decisions
The Amendment Act also introduces Section 8C, which recognises a patient’s right to participate in decisions affecting their health and treatment. Where consent is provided by another authorised person, that person must, where reasonably possible, consult the patient before giving consent.
Protecting Children’s Access to Healthcare
The Amendment Act introduces Section 8D, which strengthens the protection of children’s access to healthcare. Parents and guardians may not refuse or withhold consent for health services where doing so would be contrary to the best interests of the child. This provision reinforces the principle that a child’s right to appropriate healthcare takes precedence where necessary.
Additional Safeguards for Research and Experimental Treatment
The Act also introduces safeguards for health services provided for experimental or research purposes. Before such treatment is administered, healthcare providers must inform the patient of its nature in the prescribed manner and obtain the patient’s prior written consent.
Similarly, Section 8F requires a patient’s written consent before any bodily tissue may be extracted, except where otherwise authorised by law.
Strengthened Protection of Patient Confidentiality
Another significant reform is the introduction of Section 8G, which reinforces the confidentiality of patient information. Information relating to a patient’s health status, treatment or admission to a health institution is confidential and may only be disclosed with the patient’s written consent, where required by law or a court order, or where non-disclosure poses a serious threat to public health.
The Act nevertheless recognises limited exceptions. Healthcare providers may disclose patient information to other healthcare providers where necessary for legitimate treatment purposes. Patient records may also be used for study, research or teaching without the patient’s consent, provided the patient’s identity is not disclosed.
Recognition of the Rights of Healthcare Personnel
While the Amendment Act expands the rights of patients, it also introduces important protections for healthcare personnel through Section 8J. Every health institution is now required to implement measures aimed at protecting healthcare workers from injury, damage to property and the transmission of disease in the course of their duties.
The Act further provides that a healthcare provider may refuse to treat a patient who is physically or verbally abusive or who sexually harasses them. To promote accountability, any such refusal must be recorded in writing and reported through the head of the health institution to the Permanent Secretary responsible for health, who may issue guidance on the handling of similar cases in the future.
These provisions recognise the importance of ensuring that healthcare professionals are able to perform their duties in a safe and respectful working environment, while maintaining appropriate oversight where treatment is refused.
Alignment with the Constitutional Right to Equality
The Amendment Act also strengthens the prohibition against discrimination in the provision of healthcare by aligning Section 12 of the Medical Services Act with section 56(3) of the Constitution. Instead of listing specific grounds upon which a person may not be discriminated against, the Act now adopts the broader constitutional standard, providing that no person may be prejudiced on any ground prohibited by the Constitution.
This amendment reinforces the constitutional right to equality and ensures that the protection against discrimination in accessing healthcare is interpreted consistently with Zimbabwe’s supreme law.
Private Health Institutions May Not Refuse Emergency Medical Treatment
One of the most significant reforms introduced by the Amendment is the insertion of Section 12A into the principal Act. This provision provides for the prohibition against the refusal of emergency medical treatment. The Act now requires every private health institution to admit a patient whose condition poses an immediate danger to life, regardless of their ability to pay at the time of admission.
The patient must be admitted for a period of not less than 48 hours to allow for emergency treatment and stabilisation. Where the patient is unable to meet the cost of treatment, they may thereafter be transferred to a Government health institution capable of providing the necessary medical care, provided their condition has been stabilised.
The Amendment Act also empowers the Minister to direct a private health institution to admit and treat a patient who is suffering from a life-threatening condition or who is a victim of a public emergency, including patients initially admitted to a Government health institution. This provision facilitates cooperation between public and private healthcare institutions during emergencies where additional treatment capacity may be required.
Enforcement of Patients’ Rights
The Amendment Act also introduces Section 15A, which establishes an enforcement mechanism for breaches of several of the Act’s key provisions, including those relating to access to healthcare, informed consent, patient confidentiality, emergency medical treatment, and the rights of healthcare personnel.
Where the Permanent Secretary responsible for health becomes aware of a breach, he or she may take appropriate regulatory action. Depending on the circumstances, this may include referring a healthcare provider to the relevant professional disciplinary authority, instituting proceedings against a private health institution for its suspension or deregistration, or initiating disciplinary proceedings against a public health institution.
By introducing specific consequences for non-compliance, the Amendment Act reinforces the standards of care and accountability expected of healthcare providers and institutions under the Act.
Expanded Powers to Prescribe Minimum Healthcare Standards
The Amendment Act also broadens the Minister’s regulation-making powers under Section 16, enabling more detailed standards to be prescribed for the delivery of healthcare services. These regulations may address a wide range of matters aimed at improving access to healthcare and promoting consistent standards across the health sector.
Among the areas that may now be regulated are basic healthcare services for persons living with chronic illnesses, veterans of the liberation struggle, persons over the age of seventy, and persons with disabilities. The Act also provides for regulations governing emergency medical treatment, reproductive healthcare, and measures to ensure that children are not denied healthcare because of the moral or religious beliefs of their parents or guardians.
In addition, regulations may prescribe the minimum healthcare services to be available at different levels of Government health institutions, standards for the storage and protection of patients’ medical records, and the establishment of a national consultative health forum to facilitate public participation in health policy matters.
Rather than prescribing these standards directly, the Amendment Act empowers the Minister to develop them through subsidiary legislation, allowing the regulatory framework to be updated as the needs of the healthcare sector evolve.
The Medical Services Amendment Act, 2026 marks an important development in Zimbabwe’s healthcare legal framework by strengthening patients’ rights, enhancing accountability within the health sector, and introducing clearer standards for the delivery of healthcare services. By aligning key provisions of the Medical Services Act with the Constitution and providing a framework for improved regulation and oversight, the Act seeks to promote greater access to quality healthcare while balancing the rights and responsibilities of both patients and healthcare providers.
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