By Nyasha Chuma
HARARE – Government has gazetted the Medical Services Amendment Act, 2026, compelling private hospitals to provide emergency medical treatment to critically ill patients regardless of their ability to pay.
The legislation, which amends the Medical Services Act [Chapter 15:13], gives legal effect to Section 76 of the Constitution guaranteeing access to emergency healthcare. It also introduces criminal penalties for healthcare providers who unlawfully refuse life-saving treatment.
Government spokesperson Nick Mangwana announced the development on social media, saying: “Today, Zimbabwe gazetted an amendment to the Medical Services Act.”
Under the new law, private health institutions must admit any patient whose condition poses an immediate danger to life for a minimum of 48 hours for the purpose of stabilising the patient. After stabilisation, patients who cannot afford further treatment may be transferred to a government health institution.
Minister of Health and Child Care Dr Douglas Mombeshora said the law addresses a long-standing challenge where patients were turned away over deposits. “No person should be turned away from a private hospital while their life hangs in the balance simply because they cannot pay upfront,” Mombeshora said. “This law places the preservation of life above commercial considerations.”
The Act defines emergency medical treatment to include care necessary to treat or reduce a life-threatening but reversible deterioration in a person’s health, and specifically covers maternal and neonatal health.
Mombeshora said the 48-hour provision was designed to create a workable balance. “The 48 hours gives our private partners time to stabilise the patient and make appropriate transfer arrangements without being unduly burdened,” he said. “It is an emergency bridge to save lives.”
In addition to emergency care, the Act empowers the Minister of Health to set maximum fees and permissible increases for services at private institutions after consultation with stakeholders. Facilities that charge above the prescribed limits without approval will be in violation of the law.
The legislation also makes it an offense for parents or guardians to refuse medical treatment for children when it is deemed to be in the child’s best interests. It further requires all health facilities to provide treatment to persons under arrest, detention or imprisonment at state expense.
“We expect full compliance from day one. The right to emergency care is now a legal right, not a favour,” Mombeshora said.
