Biological and Toxin Weapons Crimes Bill H.B. 9, 2025

This is a Bill — H.B. 9 of 2025 — not law. It would implement in Zimbabwe the 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, and the 1925 Geneva Protocol prohibiting the use in war of asphyxiating and poisonous gases and bacteriological methods of warfare. Both texts would be set out in the First and Second Schedules and would have the force of law. The preamble quotes section 327(2) of the Constitution, under which a treaty does not form part of Zimbabwean law until an Act incorporates it.

The prohibition is broad: development, production, manufacture, possession, stockpiling, other acquisition or retention, importation, exportation, re-exportation, transportation, transit, trans-shipment, transfer or use of certain biological agents and toxins and of biological weapons.

The penalties are among the heaviest in recent Zimbabwean legislation. Possessing a biological agent or toxin without a licence, possessing a biological weapon, or encouraging, assisting, counselling, procuring, inciting, facilitating or financing either would carry, for an individual, imprisonment of not less than ten years, with a fine of up to level 14 available additionally at the court's option. A corporate body — whether registered inside or outside Zimbabwe — would face a fine of not less than five times the maximum level 14 fine, and every director or member of its governing body would separately face not less than ten years' imprisonment plus an optional level 14 fine.

Those minimums are designed to hold. No portion of such a sentence or fine could be suspended if the effect would be that the convicted person serves less than ten years or pays less than five times the level 14 maximum. Two escape routes exist: a person who proves on a balance of probabilities that the agent or toxin was held for prophylactic, protective or other peaceful purposes would instead face a fine up to level 14 or up to ten years; and a court may depart from the minimum where it is satisfied there are special circumstances, whose facts it must record.

Administration would fall to the Secretary for Defence as the responsible authority, assisted and advised by the National Authority Advisory Committee constituted under the Chemical Weapons (Prohibition) Act.

Licences could be issued for the possession, use and manufacture of biological agents or toxins for prophylactic, protective or other peaceful purposes — but under no circumstances for biological weapons. The Bill covers issue, duration, surrender, renewal, suspension, cancellation, amendment and replacement of licences, and would deem persons already licensed under the Medicines and Allied Substances Control Act to manufacture medicines involving a biological agent or toxin to be licensed under it. A Register of General and Premises Licences would be maintained and open to public inspection.

Offences by licensees are graded by consequence. Non-compliance with licence conditions resulting in the death or serious injury of animals or in environmental harm, or involving a risk of death or serious injury, attracts escalating penalties — corporate fines of up to five times or three times the level 14 maximum depending on the gravity, with directors facing imprisonment of up to seven years and level 14 fines.

Inspectors and analysts would initially be drawn almost entirely from the inspectorate and staff of the Environmental Management Agency and the Medicines Control Authority of Zimbabwe, with provision for civilian and military personnel employed in the Ministry of Defence. Each inspector would carry a certificate of appointment signed by the Minister and would have powers of entry and inspection.

This summary follows the Bill's explanatory memorandum together with its Parts I and II and its licensing offence provisions; the two Convention texts in the Schedules are reproduced in full in the Bill and are not summarised here.