First Schedule (Sections 2 and 4(3))
Provisions applicable to Board
1.Interpretation in First ScheduleIn this Schedule—“appointed member”, in relation to the Board, means a member appointed under section 4;“Chairperson” means the Chairperson of the Board referred to in section 4(1)(a).2.Disqualification for appointment to Board(1)Subject to this Act, a person shall not be qualified for appointment as a member of the Board, nor shall he or she hold office as an appointed member, if—(a)he or she is not a citizen of Zimbabwe or ordinarily resident in Zimbabwe; or(b)he or she is a member of two or more other statutory bodies; or(c)he or she is a member of Parliament; or(d)he or she is a member of a local authority or is in the full-time employment of a local authority; or(e)in terms of the law in force in any country—(i)he or she has been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or(ii)he or she has made an assignment to or composition with his or her creditors which has not been rescinded or set aside; or(f)within the period of five years immediately preceding his or her proposed appointment, he or she has been sentenced in a country to a term of imprisonment imposed with or without the option of a fine, whether or not any portion thereof has been suspended, and has not received a free pardon.(2)For the purposes of subparagraph (1)(b)—(a)a person who is appointed to a council, Board or 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 corporate body 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, a Vice-President, a Minister or any other statutory body or by a Commission established by the Constitution.3.Term of office and conditions of service of members of Board(1)Subject to this Schedule, the term of office of an appointed member of the Board shall be such period not exceeding five years as the President may fix on his or her appointment.(2)On the expiry of an appointed member’s term of office, he or she shall be eligible for re-appointment.(3)Subject to this Schedule, the conditions of service of an appointed member of the Board, including allowances, shall be fixed by the President at the time of his or her appointment.(5)Notwithstanding any other provision of this paragraph, the allowances payable to an appointed member of the Board shall not be reduced during his or her tenure of office.4.Vacation of office by members of Board(1)An appointed member of the Board may resign from his or her office at any time by giving the President and the Board such notice of his or her intention to resign as may be fixed in his or her conditions of service in terms of paragraph 3 or, if no such period has been fixed, after the expiry of thirty days from the date he or she gives notice or after the expiry of such other period of notice as he or she and the President may agree.(2)An appointed member of the Board shall be deemed to have resigned from his or her office and his or her office shall become vacant—(a)if he or she becomes disqualified for appointment to the Board in terms of paragraph 2(a), (b), (c), (d) or (e); or(b)on the date he or she begins to serve a sentence of imprisonment, whether or not any portion was suspended, imposed with or 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.5.Tenure of office of appointed membersAn appointed member of the Board shall not be removed from office except on the same grounds, and following the same procedure, as is specified in section 87 of the Constitution in relation to members of the Judicial Service Commission.6.Filling of vacancies of BoardOn the death of, or vacation of office by, an appointed member of the Board, the President shall fill the vacancy within three months.7.Procedure of Board(1)Subject to subparagraph (2), the Board shall meet at such dates, times and places as may be fixed by the Chairperson:Provided that the Board shall meet at least once every three months.(2)The Chairperson—(a)may convene a special meeting of the Board at any time; and(b)shall convene a special meeting of the Board on the written request of 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:Provided that a failure by a member to receive such a notice, or an inadvertent failure to send notice to a member, shall not invalidate the meeting.(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 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 convened the meeting in terms of subparagraph (2)(b).(5)In the absence of the Chairperson or Deputy Chairperson, the members present shall, if they constitute a quorum, elect one of their number to preside over the meeting of the Board as chairperson.(6)At any meeting of the Board, four of the members of the Board shall form a quorum.(7)The Board will endeavour to make decisions by consensus among the members present at the meeting of the Board at which a quorum is present, failing which anything authorised or required to be done by the Board shall be decided by a majority vote of the members at that meeting.(8)At all meetings of the Board each member present shall have one vote on each question before the Board:Provided that, in the event of an equality of votes, the Chairperson or person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.(9)With the approval of the Board, the Chairperson may invite any person to attend a meeting of the Board where the Chairperson considers that the person has special knowledge or experience in any matter to be considered at the meeting.(10)A person invited to attend a meeting of the Board under subparagraph (9) may take part in the meeting as if he or she were a member of the Board, but shall not have a vote on any question before the meeting.(11)Any proposal circulated among all members of the Board and agreed to in writing by a majority of them shall have the same effect as a resolution passed at a duly constituted meeting of the members and shall be incorporated into the minutes of the next meeting of the Board:Provided that, if a member requires that such a proposal be placed before a meeting of the Board, this subparagraph shall not apply to the proposal.(12)Except as otherwise provided in this paragraph, the procedure for the convening and conduct of meetings of the Board shall be as fixed from time to time by the Board.8.Committees of Board(1)For the better exercise of its functions, the Board may establish one or more committees in which it may vest such of its functions as it considers appropriate.(2)The vesting of a function in a committee in terms of subparagraph (1)—(a)may be made absolutely or subject to conditions and may be amended or withdrawn at any time; and(b)shall not divest the Board of that function;and the Board may amend or rescind any decision of the committee in the exercise of that function.(3)On the establishment of a committee under subparagraph (1) the Board—(a)shall appoint at least one of its members as a member of the committee, and that member or one of those members designated by the Board, as the case may be, shall be chairperson of the committee; and(b)may appoint as members of the committee persons who are not members of the Board and fix the terms and conditions of their appointment.(4)Meetings of a committee may be convened at any time and at any place by the chairperson of the committee.(5)If the chairperson of the committee is absent from a meeting of the committee, the members present may elect one of their number to preside at that meeting as chairperson.(6)A majority of members of a committee shall form a quorum at any meeting of a committee.(7)Anything authorised or required to be done by a committee may be decided by a majority vote at a meeting of the committee at which a quorum is present.(8)At all meetings of a committee each member present shall have one vote on each question before the committee: Provided that, in the event of an equality of votes, the chairperson or person presiding at the meeting shall have a casting vote in addition to his or her deliberative vote.(9)Subject to this paragraph, the procedure to be followed at any meeting of a committee shall be fixed by the Board.9.Minutes of proceedings(1)The Board shall cause minutes to be taken at its meetings and at meetings of its committees and enter them in books kept for the purpose.(2)Any minutes which purport to be signed by the person presiding at the meeting to which the minutes relate or by the person presiding at the next following meeting of the Board or committee, 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.(3)The Board and any committee of the Board shall cause copies of all minutes that have been signed to be sent to the Minister for his or her information.10.Validity of decisions and acts of Board(1)No decision or act of the Board or act done under the authority of the Board shall be invalid solely because there were one or more vacancies on the Board when the decision was taken or the act was done or authorised or a disqualified person partook in the act or decision.(2)If any decision or other act of the Board is rendered invalid through a procedural irregularity, the Board may at a duly convened meeting ratify the decision or act, and any decision or act so ratified shall be valid in all respects with effect from the date of its ratification.
Second Schedule (Section 3(3))
Powers of the Attorney-General's Office Board
1.To acquire premises necessary or convenient for the exercise of its functions and for that purpose to buy, take on lease or in exchange, hire or otherwise acquire immovable property and interests therein and rights thereof and concessions, grants, powers and privileges in respect thereof.2.To buy, take in exchange, hire or otherwise acquire movable property necessary or convenient for the exercise of its functions.3.To maintain, alter or improve property acquired by it.4.To mortgage any assets, or part of any assets and, with the approval of the Minister, to sell, exchange, lease, 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 it may determine.5.To open bank accounts in the name of the Attorney-General’s Office and to draw, make, accept, endorse, discount, execute and issue for the purposes of its functions promissory notes, bills of exchange, securities and other negotiable or transferable instruments.6.To insure against losses, damages, risks and liabilities which it may incur.7.To make contracts and enter into suretyships or give guarantees in connection with the exercise of its functions and to modify and rescind such contracts or rescind such suretyships or guarantees.8.With the approval of Minister, to establish and administer such funds and reserves not specifically provided for in this Act as the Board considers appropriate or necessary for the proper exercise of the functions of the Attorney-General’s Office.9.To pay such remuneration and allowances and grant such leave of absence and to make such gifts, bonuses and the like to members as it considers fit.10.To provide pecuniary benefits for members 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, provident funds or make such other provision as may be necessary to secure for members and their dependants any or all of the pecuniary benefits to which the provisions of this paragraph relate.11.To purchase, take on lease or in exchange or otherwise acquire land or dwelling-houses for use or occupation by members.12.To construct dwellings, outbuildings or improvements for use or occupation by members.13.To sell or lease dwelling-houses and land for residential purposes to members.14.To provide or guarantee loans made to members for the purchase of dwelling-houses or land for residential purposes, the construction of dwelling-houses and the improvement of dwelling houses or land which are the property of members, subject to any conditions that may be imposed by the Board from time to time.15.To provide security in respect of loans by the deposit of securities, in which the Attorney-General’s Office may invest such money as the Board may consider necessary for the purpose.16.Subject to any conditions that may be imposed by the Board from time to time, to provide loans to any members—(a)for the purpose of purchasing vehicles, tools or other equipment to be used by members in carrying out their duties; or(b)not exceeding six months’ salary or wages payable to the members concerned, for any purpose and on such security as the Board thinks adequate.17.To do anything for the purpose of improving the skill, knowledge or usefulness of members and in that connection to provide or assist other persons in providing facilities for training, education and research, including the awarding of scholarships for such training.18.To provide technical advice or assistance, including training facilities, to the Attorney-General’s Offices of other countries.19.To accept, with the approval of the Minister, any donations, gifts or assistance from any organisation or person.20.To do anything which by this Act is required or permitted to be done by the Attorney-General’s Office.21.Generally to do all such things as are calculated to facilitate or are incidental or conducive to the performance of the functions of the Attorney-General’s Office in terms of this Act or any other enactment.
Third Schedule (Section 26)
Amendment of Acts
Part I – Interpretation Act
In section 3 (“Definitions”) by the insertion in subsection (3) of the following definitions— “Attorney-General’s Office” means the Attorney-General’s Office referred to in section 3 of the Attorney-General’s Office Act ;“Attorney-General’s Office Board” means the Attorney-General’s Office Board established by section 4 of the Attorney-General’s Office Act ;”.
Part II – Criminal Procedure and Evidence Act
1.By the repeal of section 6 and the substitution of—“6 Delegation of functions by Attorney-General(1) Subject to the general or specific instructions of the Attorney-General, the officer to whom responsibility for public prosecutions is assigned under the Attorney-General's Office Act shall exercise all the rights and powers and perform all of the functions conferred upon the Attorney-General by section 76(5) of the Constitution, this Act or any other enactment, insofar as they relate to criminal proceedings.(2) The Attorney-General may, when he or she deems it expedient, appoint any legal practitioner entitled to practise in Zimbabwe to exercise (subject to the general or specific instructions of the Attorney-General) all or any of the rights and powers or perform all or any of the functions conferred upon the Attorney-General by subsection 76(5) of the Constitution, this Act or any other enactment, whether or not they relate to criminal proceedings.(3) The officer referred to in subsection (1) or a legal practitioner appointed in terms of subsection (2) may, subject to any conditions which the Attorney-General may impose—(a)sign any certificate, authority or other document required or authorised by an enactment referred to in those subsections; and(b)appoint a member of the Attorney-General's Office constituted in terms of the Attorney-General’s Office Act (Act No. 4 of 2011), or a legal practitioner entitled to practise in Zimbabwe, as the case may be, to exercise the rights and powers or perform the functions delegated to him or her in terms of subsection (1) or (2), and the provisions of this subsection shall apply, with such changes as may be necessary, in respect of that appointment.”.2.By the repeal of section 7 and the substitution of—“7 Director of Public ProsecutionsThere shall be a Director of Public Prosecutions appointed in terms of the Attorney-General’s Office Act (Act No. 4 of 2001).”
Part III – Pensions Review Act
In section 2 (“Review of Pensions”)—(a)in subsection (2) by the insertion after “Public Service,” of “the Attorney-General’s Office,”;(b)in subsection (3)—(i)in paragraph (a) by the insertion after “Public Service,” of “the Attorney-General’s Office,”;(ii)in paragraph (d) by the deletion of “or Public Service Commission” and the substitution of “, Public Service Commission or the Attorney-General’s Office Board”.
Part IV – Public Service Act
1.In section 2 (“Interpretation”) by the insertion in the definition of “approved service”, after paragraph (c), of the following paragraph—“or(d) the Attorney-General’s Office;”.