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Legislation is key to the establishment of eHealth initiatives. Without legislation, authority is not set and the privacy, confidentiality and other threats affecting records and information in electronic platforms are compromised. It is therefore key that legislation for eHealth and e-records be established. Zimbabwe is applying eHealth initiatives in the form of an electronic National Health Information System (NHIS) and other initiatives. However, worrying is the fact that Zimbabwe has not paid attention to the development of legislation and policies for eHealth and e-records management in general. This study sought to make a case for the establishment of e-records and eHealth legislation in order to smoothen the implementation of eHealth systems in the health sector. The study applied a literature review research as literature on eHealth, e-records management and e-health information management was reviewed. The study found that there was no e-records and eHealth legislation in Zimbabwe. The study, thus, recommended the need to enact e-records and eHealth legislation.