First Schedule (Section 5(2))
Powers of Council
1.To do anything which this Act provides may or shall be done by the Council.2.To purchase, take on lease or in exchange or otherwise acquire dwelling-houses for occupation by persons in the employ of the Council.3.To purchase land and construct thereon dwelling-houses for occupation by persons in the employ of the Council.4.To enter into such contracts as the Council considers necessary for the performance of its functions or discharge of its duties.5.To insure with an insurer registered under the Insurance Act against any losses, damage, risks or liabilities which the Council may incur.6.To determine the standardization, homogeneity, equivalence and recognition of qualifications.7.To acquire movable and immovable property for the purposes of carrying out its functions.8.To convene conferences, seminars, symposia and workshops on various aspects of higher education.9.To establish a Higher Education Fund for the purpose of improving and promoting higher education through special grants for students, specific projects and assisting institutions of higher education with scholarships for training staff.10.To require every institution of higher education to provide the Council with such information as the Council may deem necessary for the purposes of its functions.11.Generally to do all such things as are incidental or conducive to the exercise of the functions or the performance of the duties of the Council or are incidental to the powers specified in this Schedule or which are calculated, directly or indirectly, to enhance the value of or to develop the operations, undertakings and property of the Council.
Second Schedule (Section 7(5))
Provisions applicable to the Council
1. Disqualifications for appointment as member
(1)Subject to this Act, a person shall not be qualified for appointment as a member if—(a)he or she 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not been rehabilitated therefrom; or(ii)made an assignment or composition with his or her creditors which has not been rescinded or set aside;or(b)he or she has been convicted in Zimbabwe or in any other country of any offence involving dishonesty or any other offence for which a term of imprisonment without the option of a fine, whether or not any portion of that sentence has been suspended has been imposed, or(c)he or she is a member of Parliament(2)A person shall not be qualified for appointment as a member, nor shall he or she hold office as a member, if he or she is a member of two or more other statutory bodies.(3)For the purposes of subparagraph (2)—(a)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;(b)“statutory body” means—(i)any commission established by the Constitution; or(ii)any body corporate established directly by or under an Act for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by* the President, Vice-President, a Minister or any other statutory body or by a Commission established by the Constitution.
2. Terms and conditions of office of members
(1)An appointed member of the Council shall hold office for such period, not exceeding three years, as the Minister may fix at the time of his or her appointment.(2)On the expiry of the period for which an appointed member of the Council has been appointed, he or she shall continue to hold office until he or she has been re-appointed or his or her successor has been appointed:Provided that a member shall not continue to hold office in terms of this subsection for more than six months.(3)A person who ceases to be a member of the Council shall be eligible for re-appointment.(4)Members of the Council shall hold office on such conditions as the Minister may fix.
3. Vacation of office by appointed members
(1)An appointed member of the Council shall vacate his or her office and his or her office shall become vacant—(a)one month after the date he or she gives notice in writing to the Minister of his or her intention to resign his or her office or after the expiry of such other period of notice as he or she and the Minister may agree; or(b)on the date he or she begins to serve a sentence of imprisonment, whether or not any portion has been suspended, 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 have constituted an offence;or(c)if he or she becomes disqualified in terms of paragraph 1(1)(a), (b) or (c) or (2) to hold office as a member; or(d)if he or she is required in terms of subparagraph (2) or (3) to vacate his or her office as a member.(2)The Minister may require an appointed member of the Council to vacate his or her office if the member—(a)has been guilty of conduct which renders him or her unsuitable to continue to hold office as a member; or(b)has failed to comply with any condition of his or her office fixed in terms of paragraph 2; or(c)has ceased to possess any qualification by reason of which he or she was appointed; or(d)is mentally or physically incapable of efficiently performing his or her duties as a member.(3)The Minister, on the recommendation of the Council, may require an appointed member of the Council to vacate his or her office if the Minister is satisfied that the member has been absent without the consent of the chairperson of the Council from three consecutive meetings of the Council, of which he or she has been given at least seven days’ notice, and that there was no just cause for the member’s absence.
4. Suspension of appointed members of Council
The Minister may suspend from office an appointed member of the Council against whom criminal proceedings are instituted for an offence involving dishonesty and, whilst that member is so suspended, he or she shall not carry out any duties or be entitled to any remuneration or allowances as a member.
5. Filling of vacancies on Council
On the death of, or the vacation of office by, an appointed member, the Minister shall within three months, appoint a person to fill the vacancy.
6. Meetings and procedure of Council
(1)The Council shall hold its first meeting on a date and place fixed by the Minister, and thereafter shall meet for the dispatch of business and adjourn, close and otherwise regulate its meetings and procedure as it thinks fit:Provided that the Council shall meet at least four times in each financial year.(2)The chairperson of the Council—(a)may convene a special meeting of the Council at any time; and(b)shall convene a special meeting of the Council on the written request of the Minister or not fewer than two members, which meeting shall be convened for a date not sooner than seven days and not later than thirty days after the chairperson’s receipt of the request.(3)Written notice of a special meeting convened in terms of subparagraph (2) shall be sent to each member not later than forty-eight hours before the meeting and shall specify the business for which the meeting has been convened.(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 chairperson of the Council, where he or she convened the meeting in terms of subparagraph (2)(a); or(b)the business specified in the request for the meeting, where the chairperson of the Council convened the meeting in terms of subparagraph (2)(b).(5)The chairperson of the Council or, in his or her absence, the vice-chairperson shall preside at all meetings of the Council:Provided that, if the chairperson and vice-chairperson are both absent from any meeting of the Council, the members present may elect one of their number to preside at that meeting as chairperson.(6)Ten members shall form a quorum at any meeting of the Council.(7)Subject to subparagraph (12), anything authorised or required to be done by the Council may be decided by a majority vote at any meeting of the Council at which a quorum is present.(8)With the Council’s approval, the chairperson of the Council may invite any person to attend a meeting of the Council or a committee, where the chairperson considers that the person has special knowledge or experience in any matter to be considered by the Council or the committee, as the case may be, at that meeting.(9)A person invited to attend a meeting of the Council or of a committee in terms of subparagraph (8) may take part in the proceedings of the Council or the committee as if he or she were a member thereof, but shall not have a vote on any question before the Council or committee, as the case may be.(10)Subject to subparagraph (11) and to paragraph 9, at meetings of the Council each member present shall have one vote on any question before the Council and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to a deliberative vote.(11)The Chief Executive Officer shall not take part in the discussion of, and shall not vote on, any question before the Council which involves his or her tenure of office or conditions of service.(12)Any proposal circulated among all members and agreed to in writing by a majority of them shall have the same effect as a resolution passed by a duly constituted meeting of the Council and shall be incorporated into the minutes of the next succeeding meeting of the Council:Provided that, if a member requires that such a proposal be placed before a meeting of the Council, this subparagraph shall not apply to the proposal.
7. Committees of Council
(1)For the better exercise of its functions, the Council may establish one or more committees in which the Council may vest such of its functions as it considers appropriate:Provided that the vesting of any function in a committee shall not divest the Council of that function, and the Council may amend or rescind any decision of the committee in the exercise of that function.(2)On the establishment of a committee in terms of subparagraph (1), the Council—(a)shall appoint at least one member of the Council as a member of the committee, and that member or one of those members, as the case may be, shall be chairperson of the committee; and(b)may appoint as members of the committee, on such terms and conditions as the Council may fix, co-opted persons who are not members of the Council.(3)Meetings of a committee may be convened at any time and at any place by the chairperson of the Council or the chairperson of the committee.(4)Subject to paragraphs 10 and 11, the procedure to be followed at any meeting of a committee and the quorum at any such meeting shall be as fixed by the Council.(5)The Council shall appoint the following committees—(a)the Executive Committee of Council which shall be the principal committee of the Council and consisting of—(i)the chairperson and vice-chairperson of the Council, who shall be chairperson and vice-chairperson respectively,(ii)the Chief Executive Officer of Council;(iii)the chairperson of the Higher Education Quality Assurance and Accreditation Committee; and(iv)one member appointed by Council from among the nine members appointed into Council in accordance with section 7(1)(c).(b)the Higher Education Quality Assurance and Accreditation Committee whose chairperson shall be a Vice-Chancellor or former Vice-Chancellor shall—(i)promote institutional quality assurance standards in higher education(ii)audit the institutional quality assurance systems in higher education;(iii)pay special attention to quality assurance as it relates to the relevance of programmes offered by institutions of higher education, financial resources available to the institutions, the calibre of staff, physical infrastructure, equipment, strategic leadership, length and depth of programmes, examination standards, management efficiency, peer evaluation and academic audits;(iv)develop and implement an accreditation and evaluation framework for learning programmes leading to the National Qualifications Framework Register of qualifications offered by institutions of higher education in Zimbabwe; and(v)recommend to the Council the accreditation of institutions of higher education and their programmes;(vi)advise Council on proposed higher education legislation;(vii)prepare and table for eventual adoption by the Council, all advice to the Minister regarding charters for private institutions of higher education and the registration of such institutions.(c)the Higher Education Shape and Size Committee which shall advise Council—(i)on the overall capacity in terms of the number of institutions and enrolments in the higher education system;(ii)on the size of individual institutions of higher education;(iii)on optimal enrolments in individual institutions of higher education, their programmes and classes;(iv)in relation to the need to develop high and varied levels of intellectual and conceptual knowledge, skills and attitudes to meet the requirements of a developing country;(v)on the development of professionals in different disciplines through different kinds of educational and pedagogic modes;(vi)on equity and access to higher education;(d)the Higher Education Funding and Financing Committee which shall—(i)administer the Higher Education Fund and monitor the use of grants made by the Higher Education Fund to ensure adherence to the purposes for which the funds are disbursed;(ii)provide Council with relevant information to advise the Minister on all aspects of funding and financing in public institutions of higher education including advice on policies, principles, formulae and criteria governing the allocation of public funds to institutions of higher education and to review periodically such policies, principles, formulae and criteria;(iii)provide Council with relevant information to advise the Minister on the mechanisms of allocating public funds for student financial assistance, and for financing of private institutions;(iv)provide a basis for the Council to advise the Minister on funding for the development of physical plant in public institutions of higher education;(v)advise on levels of remuneration of staff in institutions of higher education;(vi)assist in negotiations between government and institutions of higher education on issues pertaining to the provision of funds and the remuneration of staff in public institutions of higher education.
8. Remuneration and allowances of members of Council and committees
Every member of the Council or of a committee shall be paid—(a)such remuneration, if any; and(b)such allowances to meet his or her reasonable expenses incurred in connection with the business of the Council or the committee, as the case may be;as the Council may fix with the approval of the Minister.
9. Disclosure of interests by members of Council and committees
(1)In this section—“associate”, in relation to a member, means—(a)a person who is related to the member by blood or by marriage; or(b)a partner, employee or employer of the member; or(c)any body of persons, whether corporate or unincorporated, of which the member is a director or in which the member holds any office or position other than that of an auditor or in which the member holds a controlling interest.(2)A member shall take no part in the consideration or discussion of, or vote on, any question before the Council which relates to any matter in which he or she or his or her associate has an interest.(3)Nothing in this section shall be taken to prevent members of the Council or of a committee of the Council from taking part in the consideration of, or voting on, any matter that affects members generally in their, capacity as persons liable to pay revenue.(4)Any person who contravenes subparagraph (2) 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. Minutes of proceedings of Council and committees
(1)The Council shall cause minutes of all proceedings of and decisions taken at every meeting of the Council and of every committee to be entered in books kept for the purpose.(2)Any minutes referred to in subparagraph (1) which purport to be signed by the person presiding at the meeting to which the minute relate or by the person presiding at the next following meeting of the Council or the committee concerned, as the case may be, shall be accepted for all purposes as prima facie evidence of the proceedings and decisions taken at the meeting concerned.
11. Validity of decisions and acts of Council and committees
No decision or act of the Council or a committee or act that is authorised by the Council or a committee shall be invalid solely because there was a vacancy in the membership of the Council or the committee or because a disqualified person purported to act as a member of the Council or the committee, as the case may be, at the time the decision was taken or the act was done or authorised.