First Schedule (Section 4)
Records excluded from application of Act
(a)A personal note, communication or draft decision of a person who is acting in a judicial or quasi-judicial capacity;(b)any record that is protected in terms of the Privileges, Immunities and Powers of Parliament Act ;(c)a record that is created by or for, or is in the custody or control of a person in terms of the Children’s Act and relates to the exercise of that person’s functions under that Act;(d)a record of a question that is to be used in an examination or test;(e)a record containing teaching materials or research information of employees of a post-secondary educational body;(f)material placed in the National Archives or the archives of a public body by or for a person or agency other than a public body;(g)any record or information relating to any matter or issue referred to in section 31K of the Constitution, and any matter or issue relating to the exercise of the functions and powers of the President.Second Schedule (Section 2)
Public bodies and heads of public bodies
Part I
Public Body | Head |
---|
Any government department | The Permanent Secretary |
Any statutory corporation, authority, board, committee, commission or council, or other statutory body | The chairperson, chief executive officer, director-general, general manager |
Any government agency or office of which the Permanent Secretary is not the head | The person in charge of such agency or office |
Office of the Registrar General | The Registrar-General |
Office of the Registrar of the High Court/Supreme Court/Administrative Court/ Office of the Labour Relations Tribunal | The registrar of that court |
Office of the Clerk of the Magistrates Court/Community Court | The clerk of court of that court |
Local authority | Executive Mayor, Town Clerk, Chief Executive Officer |
A body referred to in Part II | The chairperson, chief executive officer, director-general, general manager, registrar or other person by whatever title called having responsibilities similar to those attaching to the foregoing offices |
Part II
Estate Agents Council of ZimbabweMedical Council of ZimbabweMedicines Control Council of ZimbabweBankers Association of ZimbabweInstitute of Bankers in ZimbabweInstitute of Chartered Secretaries and Administrators in ZimbabweInstitute of Chartered Accountants of ZimbabweZimbabwe Institution of EngineersChartered Institute of Management AccountantsLaw Society of ZimbabweInstitute of Architects of Zimbabwe and Architects CouncilInstitute of DirectorsInstitute of Environmental StudiesInstitute of Mining ResearchInstitute of Personnel Management (Zimbabwe)Zimbabwe Congress of Trade UnionsZimbabwe Federation of Trade UnionsMedical aid societiesZimbabwe Stock ExchangeZimbabwe National Traditional Healers AssociationCommercial Farmers UnionZimbabwe Farmers UnionIndigenous Commercial Farmers UnionPublic companiesThird Schedule (Section 39(3))
Ancillary powers of Commission
1.To acquire by lease, purchase, or otherwise, immovable property and to construct buildings thereon.2.To buy, take in exchange, hire or otherwise acquire movable property, including vehicles, necessary or convenient for the performance of its functions.3.To maintain, alter and improve property acquired by it.4.To mortgage or pledge any assets or part of any assets and, with the approval of the Minister, to sell, exchange, let, dispose of, turn to account or otherwise deal with any assets or part of any assets which are not required for the exercise of its functions for such consideration as the Commission may, with the approval of the Minister, determine.5.To open bank and building society and post office accounts in the name of the Commission and to draw, make, accept, endorse, discount, execute and issue for the purposes of its functions, cheques, promissory notes, bills of exchange, bills of lading, securities and other instruments.6.To insure against losses, damages, risks and liabilities which it may incur.7.To enter into contracts and suretyships or give guarantees in connection with the exercise of its functions and to modify or rescind such contracts or rescind suretyships or guarantees.8.With the approval of the Minister, to enter into, renew, cancel or abandon arrangements with any government or authority, local or otherwise, that may seem conducive to the exercise of its functions or any of them and to obtain from such government or authority rights, privileges and concessions which the Commission thinks desirable to obtain and carry out, exercise and comply with such arrangements, rights, privileges and concessions.9.With the approval of the Minister, to raise loans or borrow money in such amounts and for such purposes and under such conditions as may be approved by the Minister.10.To employ, upon such terms and conditions as the Commission may think fit, such persons as may be necessary for conducting its affairs, and suspend or discharge any such persons.11.Subject to section 39 of the Audit and Exchequer Act , to pay such remuneration and allowances and grant such leave of absence and to make such gifts and pay bonuses and the like to its employees as the Commission thinks fit.12.To provide pecuniary benefits for its employees on their retirement, resignation, discharge or other termination of service or in the event of their sickness or injury and for their dependants, and for that purpose to effect policies of insurance, establish pension or provident funds or make such other provision as may be necessary to secure for its employees and their dependants any or all of the pecuniary benefits to which this paragraph relates.13.With the approval of the Minister, to purchase, take in exchange, hire and otherwise acquire land or dwellings for use or occupation by its employees.14.To construct dwellings, outbuildings or improvements for use or occupation by its employees on land purchased, taken in exchange, hired or otherwise acquired by the Commission.15.To sell or let dwellings and land for residential purposes to its employees.16.With the approval of the Minister, to guarantee loans to its employees or their spouses for the purchase of dwellings or land for residential purposes, the construction of dwellings and the improvement of dwellings or land which are the property of its employees or their spouses.17.To provide security in respect of loans guaranteed in terms paragraph 16 by the deposit of securities.18.With the approval of the Minister, to make loans to any employee of the Commission—(a)for the purpose of purchasing vehicles, tools or other equipment used by him in carrying out his duties; or(b)not exceeding three months’ salary or wages payable to him, for any purpose;on such security as the Commission considers adequate.19.To do anything for the purpose of improving the skill, knowledge or usefulness of its employees, and in that connection to provide or assist other persons in providing facilities for training, education and research and to pay for the aforesaid, where necessary.20.To provide such services as the Commission considers could properly be provided by the Commission.21.With the approval of the Minister, to provide financial assistance to any person, association, organisation or institution whose activities are such as to be, in the opinion of the Commission, of benefit to the Commission.22.Generally, to do all such things as may be necessary, conducive or incidental to the exercise of the powers and the performance of the functions of the Commission under this Act or any other enactment.Fourth Schedule (Section 40(3))
Provisions applicable to Commission
1. Terms of office and conditions of service of members
(1)Subject to this Schedule, a member shall hold office for such period, not exceeding three years, as the Minister may fix on his appointment.(2)A member shall continue in office after the expiry of his term until he has been re-appointed or his successor has been appointed:Provided that a member shall not hold office in terms of this subparagraph for longer than six months.(3)Subject to paragraph 9, a member shall hold office on such terms and conditions as the Minister may fix in relation to members generally.(4)A retiring member is eligible for re-appointment as a member.(5)The terms and conditions of office of a member shall not, without the member’s consent, be altered to his detriment during his tenure of office.2. Disqualifications for appointment as member
(1)The Minister shall not appoint a person as a member and no person shall be qualified to hold office as a member who—(a)is not a citizen of Zimbabwe; or(b)has a financial interest in any business connected with broadcasting services or systems, or is engaged in any activity connected with any such service or system, or is married or connected to or associated with a person who has such an interest or is engaged in such an activity, unless the Minister is satisfied that the interest or activity will not interfere with the person’s impartial discharge of his duties as a member; or(c)has, in terms of a law in force in any country —(i)been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or(ii)made an assignment to, or arrangement or composition with, his creditors which has not been rescinded or set aside;or(d)has, within the period of five years immediately preceding the date of his proposed appointment, been convicted—(i)in Zimbabwe, of an offence; or(ii)outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would constitute an offence;and sentenced to a term of imprisonment exceeding six months imposed without the option of a fine, whether or not any portion has been suspended, and has not received a free pardon.(2)A person who is —(a)a member of Parliament; or(b)a member of two or more other statutory bodies;shall not be appointed as a member of the Commission, nor shall he be qualified to hold office as a member.(3)For the purposes of subparagraph (b) of subparagraph (2) a person who is appointed to a council, board or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body shall be regarded as a member of that statutory body.3. Vacation of office by member
A member shall vacate his office and his office shall become vacant—(a)three months after the date upon which he gives notice in writing to the Minister of his intention to resign, or on the expiry of such other period of notice as he and the Minister may agree; or(b)on the date he begins to serve a sentence of imprisonment imposed without the option of a fine—(i)in Zimbabwe, in respect of an offence; or(ii)outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would constitute an offence;or(c)if he becomes disqualified in terms of subparagraph (a), (b) or (c) of subparagraph (1) of paragraph 2, or in terms of subparagraph (2) of that paragraph, to hold office as a member; or(d)if he is required in terms of paragraph 4 to vacate his office.4. Dismissal or suspension of members of Commission
(1)For the purposes of subparagraphs (5) and (6) there shall be a committee, hereafter in this paragraph referred to as "the Independent Disciplinary Committee", consisting of —(a)a person, not being a member of the Commission, appointed by the Minister from a list of three registered legal practitioners recommended by the Prosecutor-General, who shall be the chairperson of the Committee; and(b)a member of the Commission chosen by the Minister from a panel of three members of the Commission nominated by the Commission; and(c)a person chosen by the Minister from a list of not less than three names submitted by the portfolio committee of Parliament responsible for the media, who shall not be members of Parliament.(2)The Independent Disciplinary Committee shall reach its decisions by consensus or, failing consensus, by a vote of the majority of its members.(3)A member of the Commission shall vacate his or her office if the member—(a)has, subject to subparagraph (5), been found to have conducted himself or herself in a manner that renders him or her unsuitable as a member, including a contravention of paragraph 9; or(b)has failed to comply with any term or condition of his or her office fixed by the Minister in terms of subparagraph (3) of paragraph 1; or(c)is mentally or physically incapable of efficiently carrying out his or her functions as a member; or(d)has been absent without the permission of the Commission from two consecutive meetings of the Commission of which he or she was given at least seven days' notice, and there was no just cause for the member's absence.(4)The Minister may suspend a member of the Commission —(a)whom he or she suspects on reasonable grounds of having been guilty of conduct referred to in subparagraph (a) of subparagraph (3); or(b)against whom criminal proceedings have been instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed;and while that member is so suspended he or she shall not carry out any functions as a member.(5)A member suspended in terms of subparagraph (a) of subparagraph (4) shall be given notice in writing of the grounds for the suspension and may, within fourteen days of being so notified, make written representations to the Independent Disciplinary Committee showing cause why no finding of misconduct rendering him or her unsuitable to be member of the Commission should be made.(6)The Independent Disciplinary Committee shall require a member suspended in terms of subparagraph (a) of subparagraph(4) to vacate his or her office if —(a)no representations are made by the member in terms of subparagraph (5); or(b)it finds that the member is guilty of the misconduct alleged, upon receiving the written representations of the member referred to in subparagraph (5) and after affording such member, the Minister and any other person whom it considers to have any interest or knowledge in the matter to make such further representations to it, written or oral, as it deems necessary:Provided that if it finds that the member is not guilty of the misconduct alleged, the suspension of the member shall immediately be rescinded.5. Filling of vacancies on Board
On the death of, or vacation of office by, a member, the Minister may appoint a qualified person to fill the vacancy:Provided that if as a result of the vacancy the number of members falls below the minimum number specified in paragraph 5, the Minister shall fill the vacancy within three weeks.6. Chairman and vice-chairman of Board
(1)The Minister shall designate one of the members as chairman of the Board and another member as vice-chairman of the Board.(2)The vice-chairman of the Board shall perform the chairman’s functions whenever the chairman is for any reason unable to perform them.(3)The chairman or vice-chairman of the Board may at any time resign his office as such by one month’s notice in writing to the Minister.(4)Whenever the office of chairman or vice-chairman of the Board falls vacant, the Minister shall fill the vacancy within three weeks.7. Meetings and procedure of Board
(1)The Board shall hold its first meeting on such date and at such place as the Minister may fix, being not more than three months after the fixed date, and thereafter the Board shall meet for the dispatch of business as often as is necessary or expedient and, subject to this paragraph, may adjourn, close and otherwise regulate its meetings and procedure as it thinks fit:Provided that the Board shall meet not less than six times in each year.(2)The chairman of the Board—(a)may at any time convene a special meeting of the Board; and(b)shall convene a special meeting of the Board on the written request of—(i)the Minister, within such period as the Minister may specify; or(ii)not fewer than two members, not later than fourteen days after his receipt of such request.(3)Written notice of any special meeting convened in terms of subparagraph (2) shall be sent to each member not later than seven days before the meeting and shall specify the business for which the meeting has been convened:Provided that if, in the opinion of the chairman or Minister, as the case may be, the urgency of the business for which the meeting is to be convened so requires, notice of not less than forty-eight hours may be given.(4)No business shall be discussed at a special meeting convened in terms of subparagraph (2) other than —(a)such business as may be determined by the chairman of the Board, where the chairman of the Board has convened the meeting in terms of subparagraph (a) of subparagraph (2); or(b)the business specified in the request for the meeting, where the chairman of the Board has convened the meeting in terms of subparagraph (b) of subparagraph (2).(5)The chairman or, in his absence, the vice-chairman shall preside at all meetings of the Board:Provided that, if the chairman and the vice-chairman are both absent from a meeting of the Board, the members present may elect one of their number to preside at that meeting as chairman.(6)Three members shall form a quorum at any meeting of the Board.(7)All acts, matters or things authorised or required to be done by the Board may be decided by a majority vote at a meeting of the Board at which a quorum is present.(8)Subject to paragraph 9, at all meetings of the Board each member present shall have one vote on each question before the Board and, in the event of an equality of votes, the chairman shall have a casting vote in addition to a deliberative vote.(9)Any proposal circulated among all members and agreed to in writing by a majority of all members shall have the same effect as a resolution passed at a duly constituted meeting of the Board and shall be incorporated in the minutes of the next succeeding meeting of the Board:Provided that, if a member requires that such proposal be placed before a meeting of the Board, this subparagraph shall not apply to such proposal.8. Remuneration and expenses of members
Members of the Board shall be paid —(a)such remuneration, if any, as the Minister, may from time to time fix for members generally; and(b)such allowances, if any, as the Minister, may from time to time fix to meet any reasonable expenses incurred by members in connection with the business of the Board.9. Members to disclose certain connections and interests
(1)In this paragraph —“relative”, in relation to a member, means the member’s spouse, child, parent, brother or sister.(2)Subject to subparagraph (4) —(a)if a member of the Board—(i)knowingly acquires or holds a direct or indirect pecuniary interest in any matter that is under consideration by the Board; or(ii)owns any property or has a right in property or a direct or indirect pecuniary interest in a company or association of persons which results in the member’s private interests coming or appearing to come into conflict with his functions as a member; or(iii)knows or has reason to believe that a relative of his—A. has acquired or holds a direct or indirect pecuniary interest in any matter that is under consideration by the Board; orB. owns any property or has a right in property or a direct or indirect pecuniary interest in a company or association of persons which results in the member’s private interests coming or appearing to come into conflict with his functions as a member;or(b)if for any reason the private interests of a member come into conflict with his functions as a member;the member shall forthwith disclose the fact to the Board.(3)A member referred to in subparagraph (2) shall take no part in the consideration or discussion of, or vote on, any question before the Board which relates to any contract, right, immovable property or interest referred to in that subparagraph.(4)Any person who contravenes subparagraph (2) or (3) shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.10. Validity of decisions and acts of Board
No decision or act of the Board or act done under the authority of the Board shall be invalid on the ground that —(a)the Board consisted of fewer than the minimum number of persons prescribed in subsection (1) of section forty; or(b)a disqualified person acted as a member of the Board at the time the decision was taken or act was done or authorised:Provided that the Board shall ratify any such decision or action as soon as possible after it becomes aware that the decision or action was taken in the circumstances described in subparagraph (a) or (b).11. Minutes of proceedings of Board
(1)The Board shall cause minutes of all proceedings of and decisions taken at every meeting of the Board to be entered in books kept for the purpose.(2)Any minutes referred to in subparagraph (1) which purport to be signed by the chairman of the meeting to which the minutes relate or by the chairman of the next following meeting of the Board or the committee concerned, as the case may be, shall be accepted for all purposes as prima facie evidence of the proceedings of and decisions taken at the meeting concerned.(3)The Board shall cause copies of all minutes that have been signed as provided in subparagraph (2) to be sent without delay to the Minister for his information.Fifth Schedule (Section 41)
Financial and miscellaneous provisions relating to Commission
Part I – Financial provisions
1. Funds of Commission
The funds of the Commission shall consist of—(a)fees, charges and other income accruing to the Commission from licences issued and other things done by it in terms of this Act; and(b)the proceeds of any monetary penalties imposed by the Commission; and(c)such moneys as may be payable to the Commission from moneys appropriated for the purpose by Act of Parliament; and(d)such other moneys as may vest in or accrue to the Commission, whether in the course of its operations or otherwise.2. Financial year of Commission
The financial year of the Commission shall be the period of twelve months ending on the 31st December in each year.3. Surplus funds of Commission to be appropriated to Fund
Any surplus of income over expenditure at the end of the Commission’s financial year shall be appropriated to the Fund.4. Accounts of Commission
(1)The Board shall ensure that proper accounts and other records relating to such accounts are kept in respect of all the Commission’s activities, funds and property, including such particular accounts and records as the Minister may direct.(2)Not later than three months after the end of each financial year of the Commission, the Commission shall prepare and submit to the Minister a statement of accounts in respect of that financial year or such other period as the Minister may direct.5. Audit of Commission’s accounts
(1)Subject to the Audit and Exchequer Act , the Commission shall appoint as auditors one or more persons approved by the Minister who are registered as public auditors in terms of the Public Accountants and Auditors Act .(2)The accounts kept by the Commission in terms of subparagraph (1) of paragraph 4 shall be examined by the auditors appointed in terms of subparagraph (1).(3)The auditors appointed in terms of subparagraph (1) shall make a report to the Board and the Minister on the statement of accounts prepared in terms of subparagraph (2) of paragraph 4 and such report shall state whether or not in their opinion the statement of accounts gives a true and fair view of the Commission’s affairs.(4)In addition to the report referred to in subparagraph (3), the Minister may require the Board to obtain from its auditors appointed in terms of subparagraph (1) such other reports, statements or explanations in connection with the Commission’s operations, funds and property as the Minister may consider expedient, and the Board shall forthwith comply with any such requirement.6. Powers of auditors
(1)An auditor referred to in paragraph 5 shall be entitled at all reasonable times to require to be produced to him all accounts and other records relating to such accounts which are kept by the Commission or its agents and to require from any member of the Board or employee or agent of the Commission such information and explanations as in the auditor’s opinion are necessary for the purposes of his audit.(2)Any member of the Board or employee or agent of the Commission who fails without just cause to comply with a requirement of an auditor in terms of subparagraph (1) shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.Part II – Miscellaneous provisions relating to Commission
7. Execution of contracts and instruments by Commission
Any agreement, contract or instrument approved by the Board may be entered into or executed on behalf of the Commission by any persons generally or specially authorised by the Board for that purpose.8. Reports of Commission
(1)In addition to any report which the Authority is required to submit to the Minister in terms of this Act or the Audit and Exchequer Act , the Commission—(a)shall submit to the Minister such other reports as the Minister may require; and(b)may submit to the Minister such other reports as the Commission considers advisable;in regard to the operations and property of the Commission.(2)The Minister shall, within six months of the end of the Commission’s financial year, lay before Parliament a report submitted to him by the Commission in terms of subparagraph (1), together with the statement of accounts and auditor’s report for the preceding financial year of the Commission referred to in paragraphs 4 and 5.9. Chief Executive and other employees of Commission
(1)For the better exercise of the functions of the Commission the Board may, in consultation with the Minister, appoint a person to be the Chief Executive of the Commission, on such terms and conditions as the Board, with the approval of the Minister, may fix.(2)The Board shall terminate the appointment of the Chief Executive if he would be required in terms of subparagraph (b) or (c) of paragraph 3 of the Fourth Schedule to vacate his office had that paragraph and subparagraphs (a), (b) and (c) of subparagraph (1) of paragraph 2 of the Fourth Schedule, and subparagraph (2) of that paragraph, applied to him.(3)The Board shall not terminate the services of the Chief Executive on a ground other than one referred to in subparagraph (2) without the approval of the Minister.(4)The Board shall employ such persons in addition to the Chief Executive as it considers expedient for the better exercise of the functions of the Commission.(5)Subject to the general control of the Board, the Chief Executive shall be responsible for—(a)managing the operations and property of the Commission; and(b)supervising and controlling the activities of the employees of the Commission in the course of their employment.(6)The Board may assign to the Chief Executive such of the functions of the Board as the Board thinks fit:Provided that the Board shall not assign to the Chief Executive any duty that has been assigned to the chairman of the Board.(7)Any assignment of functions in terms of subparagraph (6) may be made either generally or specially and subject to such reservations, restrictions and exceptions as the Board may determine, and may be revoked by the Board at any time.(8)The Chief Executive shall have the right to attend meetings of the Board and, except in the case of any discussion relating to the terms and conditions of his appointment, to take part in the proceedings of the Board as if he were a member, but shall not have a vote on any question before the Board.