Provincial Councils and Administration Act
- Published in Government Gazette
- Commenced on 29 March 1985
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Provincial Councils and Administration Act [Chapter 29:11].
2. InterpretationIn this Act—“assigned employee” means a member of the Public Service assigned to the service of a provincial council in terms of section thirty-three;“local authority” means a municipal council, town council, local board or rural district council;“Minister” means the Minister of Local Government, Rural and Urban Development or any other Minister to whom the President may from time to time assign the administration of this Act;“Ministry” means the Ministry the administration of which has been assigned to the Minister;“province” means an area declared to be a province in terms of paragraph (a) of section three and, in relation to any provincial governor or provincial council, means the province for which the provincial governor has been appointed or the provincial council established, as the case may be;“provincial administrator”, in relation to any province, means a member of the Public Service—(a)who holds the post of provincial administrator in the Ministry for the province concerned; or(b)if there is no person referred to in paragraph (a), who is designated by the Minister as provincial administrator for the province concerned;“provincial assembly of chiefs” means a provincial assembly constituted in terms of section 16 of the Chiefs and Headmen Act [Chapter 29:01];“provincial council” means a provincial council established in terms of section eleven;“provincial development committee” means a provincial development committee established in terms of section twenty-six;“provincial governor” means a person appointed as provincial governor in terms of section four;“secretary”, in relation to a provincial council, means—(a)the person for the time being performing the functions of secretary of the provincial council; or(b)where the provincial council has a secretariat, any person who is a member of or employed in that secretariat.
Part II – Provinces and provincial governors
3. Declaration, alteration and abolition of provinces
4. Appointment of provincial governors
5. Qualifications for appointment as provincial governorA person shall be qualified for appointment as a provincial governor if he is qualified for election or appointment as a member of Parliament.
6. Term of office of provincial governors
7. Oaths of loyalty and of office to be taken by provincial governorsBefore entering upon his office, a provincial governor shall take and subscribe before the President or some person authorized by the President in that behalf the oath of loyalty and the oath of office in the forms set out in Schedule 1 to the Constitution.
8. Vacation of office by provincial governors
9. Conditions of service of provincial governors
10. Functions of provincial governorsThe functions of a provincial governor shall be—
Part III – Establishement, nature, functions and memnership of provincial councils
11. Establishment and naming of provincial councilsSubject to this Act, whenever the President considers it desirable he may, by proclamation in a statutory instrument—
12. Provincial councils to be bodies corporateA provincial council shall be a body corporate with perpetual succession and shall, in its own name, be capable of suing and being sued and generally of doing, suffering and performing all such things as, by this Act and any other law, it may do, suffer and perform.
13. Functions of provincial councilsSubject to this Act, the functions of a provincial council shall be—
14. Membership of provincial councils
15. Appointment of first members after establishment of provincial council
16. Terms of office of members of provincial councils
17. Filling of vacancies on provincial councils
18. Notification to provincial governor of appointment of members of provincial councilsAny person or authority that has appointed a person to be a member or alternate member of a provincial council shall, as soon as possible thereafter, notify the provincial governor of the province concerned, in writing, of the name of the person so appointed:Provided that failure so to notify the provincial governor shall not disqualify the member or alternate member concerned from membership or alternate membership, as the case may be, of the provincial council.
Part IV – Meetings and proceedings of provincial councils
19. Presiding officer at meetings of provincial councils
20. Meetings and special meetings of provincial councils
21. Quorum at meetings of provincial councilsUnless the provisions of this or any other enactment require a different number of members to be present at any duly convened meeting of a provincial council, all functions vested in a provincial council may be exercised at any duly convened meeting thereof at which no fewer than one-third of the whole number of the members entitled to sit on the provincial council are present.
22. Attendance at meetings of provincial councils
23. Meetings of provincial councils to be open to public
24. Minutes of proceedings of provincial councils
25. Validity of proceedings of provincial councilsNo decision, act or proceedings of a provincial council shall be invalid by reason only of the fact that—
Part V – Committees of provincial councils
26. Establishment and membership of provincial development committees
27. Chairmen of provincial development committeesThe provincial administrator shall preside at all meetings of a provincial development committee at which he is present and, in his absence, the members present shall elect a provincial head of a Ministry or department referred to in paragraph (d) of subsection (2) of section twenty-six to preside at the meeting.
28. Functions of provincial development committeesThe functions of a provincial development committee shall be—
29. Meetings and quorum of provincial development committees
30. Joint meetings of provincial councils and provincial development committees
31. Other committees of provincial councils
32. Application of other provisions of Act to committees of provincial councilsIn respect of any matter that is not expressly provided for in this Part, sections twenty, twenty-four and twenty-five shall apply, mutatis mutandis, to the meetings and procedure of committees established by a provincial council in terms of this Part.
Part VI – Staff of provincial councils
33. Assignment of staff to provincial councils
34. Delegation of powers to assigned employees
Part VII – Powers of provincial councils
35. Conferring of powers on provincial councils
Part VIII – Abolition and alteration of areas of provincial councils
36. Abolition of provincial councilsSubject to this Part, whenever the President considers it desirable he may, by proclamation in a statutory instrument and after consulting the provincial council concerned, abolish a provincial council.
37. Effect of abolition or alteration of areas of provincial councilsWhere—
Part IX – General
38. Exemption of members, assigned employees and other persons from liabilityNo matter or thing done or omitted to be done or contract entered into by a provincial council or any committee thereof shall subject any—
39. Copy of Act and regulations to be available for inspectionA provincial council shall ensure that a copy of—
40. Minister to be furnished with reports and informationThe Minister may from time to time require—
41. Inquiries by Minister and appointment of investigators
42. Minister’s power to direct certain actionsWhere, in the opinion of the Minister, a provincial council has failed to carry out any duty imposed upon it by this Act or any other enactment, he may, after having given the provincial council an opportunity to submit any representations it may wish to make in connection therewith, direct the provincial council to take such action as he considers necessary within a time specified by him.
43. Minister may rectify omitted actsIf any act or thing required to be done in terms of this Act is omitted to be done, or is not done in the manner or within the time so required, the Minister may order all such steps to be taken as in his opinion are necessary or desirable to rectify such act or thing, and such act or thing when done in terms of the said order shall be of the same force and effect as if originally done in accordance with the appropriate provision of this Act:Provided that no person shall be deprived in terms of this section of any right which may have vested in him before the Minister makes an order in terms of this section.
44. Execution and authentication of documentsEvery order, written contract or other document requiring execution or authentication by a provincial council shall be sufficiently executed or authenticated if signed by the provincial governor or the secretary of the provincial council in the presence of such witnesses, if any, as may be required in terms of any law.
46. Obstruction and impersonationAny person who—
History of this document
31 December 2016 this version
29 March 1985