Parliament has been asked to determine whether proposed regulations that would bar medical aid societies from owning or operating healthcare facilities are lawful, after the medical aid industry argued the measures exceed the powers granted to the Minister of Health and Child Care and could have far-reaching consequences for Zimbabwe's healthcare sector.
In a submission dated 19 June 2026 to Parliament's Portfolio Committee on Justice, Legal and Parliamentary Affairs, the Association of Healthcare Funders of Zimbabwe (AHFOZ) urged lawmakers to scrutinise the draft Medical Aid Societies Regulations, arguing they introduce major policy changes that can only be enacted through an Act of Parliament rather than subsidiary legislation.
The proposed regulations would prohibit medical aid societies from owning, managing or operating healthcare services or facilities and require affected organisations to submit plans to divest their existing healthcare investments.
AHFOZ argues that the Minister's powers under the Medical Services Act are limited to administrative and operational matters and do not extend to forcing organisations to dispose of lawfully acquired assets or banning ownership structures that are not prohibited under the Act.
According to the association, the proposed regulations are ultra vires the Medical Services Act because the parent legislation neither prohibits medical aid societies from investing in healthcare facilities nor authorises compulsory divestiture through regulations.
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The submission states that introducing such restrictions through ministerial regulations would fundamentally alter healthcare policy, property rights and investment structures without parliamentary approval.
AHFOZ also raises constitutional concerns, arguing that compulsory disposal of healthcare assets could amount to an unjustifiable interference with property rights while disrupting established healthcare delivery systems.
The association further contends that any concerns over conflicts of interest or anti-competitive conduct should be addressed through the Competition Act and the Competition and Tariff Commission rather than through a blanket prohibition contained in healthcare regulations.
It argues that vertically integrated healthcare models should instead be assessed individually under competition law, particularly where previous investments may already have received regulatory approval.
The submission warns that enforcing compulsory divestiture could lead to forced asset sales, uncertainty for employees and patients, disruption of provider networks, reduced investment in healthcare infrastructure and increased costs for medical aid members.
AHFOZ has urged Parliament's Justice Committee to examine the legality of the proposed regulations before they are implemented, arguing that reforms of such significance require full parliamentary debate, broad stakeholder consultation and evidence-based assessment of their impact on healthcare access and affordability.
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