Schedule (Section 4B(5))
Provisions applicable to Cybersecurity Committee
1. Terms and conditions of office of members
(1)Subject to this Schedule, a member shall hold office for such period, not exceeding five years, as the Minister may fix on his or her appointment.(2)Subject to paragraph 8, a member shall hold office on such conditions as the Minister may fix in relation to members generally.(3)A retiring member shall be eligible for re-appointment as a member.
2. Disqualification 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 if he or she—(a)is married to a person who is engaged in any activity connected with any business, if in the opinion of the Minister such financial interest or activity is likely to interfere with the impartial discharge by that person of his or her duties as a member; or(b)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or discharged; or(ii)made an assignment to, or arrangement or composition with, his or her creditors which has not been rescinded or set aside; or(c)has, within the period of five years immediately preceding the date of his or her proposed appointment, been convicted—(i)in Zimbabwe, of an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 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, nor shall he or she be qualified to hold office as a member.(3)For the purpose of subparagraph (2)(b)—(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 a statutory body or by a Commission established by the Constitution.
3. Vacation of office by member
A member shall vacate his or her office and the member’s office shall become vacant—(a)one month after the date upon which he or she gives notice in writing to the Minister of his or her intention to resign or on the expiry of such other period of notice as the member and the Minister may agree; or(b)on the date he or she begins to serve a sentence of imprisonment imposed in Zimbabwe 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 or she becomes disqualified in terms of paragraph 2(1)(a), (b) or (c) to hold office as a member; or(d)if he or she is required in terms of paragraph 4 to vacate his or her office.
4. Dismissal or suspension of members
(1)The Minister may require a member to vacate his or her office if the member—(a)has been guilty of any conduct that renders him or her unsuitable as a member; or(b)has failed to comply with the conditions of his or her office fixed by the Minister in terms of paragraph 1(2); or(c)is mentally or physically incapable of efficiently carrying out his or her functions as a member.(2)The Minister, on the recommendation of the Committee, may require a member to vacate his or her office if the member has been absent without the permission of the Committee from two consecutive meetings of the Committee of which he or she was given at least seven days’ notice and there was no just cause for the member’s absence.(3)The Minister may suspend a member—(a)whom he or she suspects on reasonable grounds of having been guilty of conduct referred to in subparagraph (1)(a); 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. Filling of vacancies in Committee
On the death of or the vacation of office by a member the Minister shall appoint a person to fill the vacancy.
6. Meetings and procedure of Committee
(1)The Cybersecurity Committee shall hold its meetings on an ad hoc basis on such date and at such place as the Minister may fix.(2)The chairperson or, in his or her absence, the vice-chairperson shall preside at all meetings of the Committee:Provided that, if the chairperson and the vice-chairperson are absent from a meeting of the Committee, the members present may elect one of their members to preside at that meeting as chairperson.(3)Five members shall form a quorum at any meeting of the Committee.(4)All acts, matters or things authorised or required to be done by the Committee may be decided by a majority vote at a meeting of the Committee at which a quorum is present.(5)Subject to subparagraph (9), at all meetings of the Committee each member present shall have one vote on each question before the Committee and, in the event of an equality of votes, the chairperson shall have a casting vote in addition to a deliberative vote.
7. Validity of decisions and acts of Committee
No decision or act of the Committee or act done under the authority of the Committee shall be invalid by reason only of the fact that a disqualified person acted as a member of the Committee at the time the decision was taken or act was done or authorised.
8. Minutes of proceedings of Committee and committees
(1)The Committee shall cause minutes of all proceedings of and decisions taken at every meeting of the Committee to be entered in books kept for the purpose in a confidential manner.