First Schedule (Section 3(2))
Provisions relating to Commissioners and Working Groups
1. Interpretation in First Schedule
In this Schedule—“Working Group” means any group established in terms of paragraph 7.
2. Disqualifications for appointment to Commission
(1)A person shall not be qualified for appointment as a member of the Commission, 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 any other statutory body; 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 a 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or discharged; or(ii)he or she has made an assignment or composition with his or her creditors which has not been rescinded or set aside; or(f)he or she has been sentenced in any country to a term of imprisonment imposed without the option of a fine, whether or not any portion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 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, a Vice-President, a Minister or any other statutory body or by a commission established by the Constitution.
3. Terms of office and conditions of service of Commissioner
(1)A Commissioner shall hold office for a term of five years and shall be eligible for reappointment for another term of office not exceeding five years.(2)For the avoidance of doubt, it is declared that the terms of office of Commissioners shall be regarded as full terms of office.
4. Vacation of office by Commissioners
(1)The office of a Commissioner shall become vacant upon—(a)the death of the Commissioner; or(b)the resignation from office in writing under the Commissioner’s hand addressed to the President; or(c)the Commissioner is convicted of an offence and is sentenced to a term of imprisonment without the option of a fine; or(d)the Commissioner is absent without good cause from three consecutive meetings of the Commission of which he or she has received due notice; or(e)the Commissioner is declared insolvent by a court of competent jurisdiction; or(f)the Commissioner takes up, whilst in office, an appointment to a which will render him or her incapable of qualifying for appointment as Commissioner; or(g)the Commissioner is removed from office by a tribunal.(2)For the purposes of subparagraph (1) a Commissioner shall be have resigned his or her office and his or her office shall become vacant—(a)if he or she becomes disqualified for appointment to the Commission in terms of paragraph 2(1)(a), (b), (c), (d), (e) or (f); or(b)on the date he or she begins to serve a sentence of imprisonment, whether or not any portion was 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.(3)The President shall notify the termination of the appointment of any Commissioner under this Act in the Gazette.
5. Filling of vacancies
On the death of, or the vacation of office by, a Commissioner, the President shall fill the vacancy within three months.
6. Procedure at meetings of Commission
(1)Subject to subparagraph (2), the Commission shall meet—(a)at such dates, times and places as may be fixed by the Chairperson:Provided that the Commission shall meet at least once in every three months; and(b)written notice shall be sent to each Commissioner not later than seven days before the meeting and shall specify the business for which the meeting has been convened.(2)The Chairperson—(a)may convene a special meeting of the Commission at any time; and(b)shall convene a special meeting of the Commission on the written request of not fewer than two Commissioners, 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 Commissioner 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 Commissioner to receive such a notice, or an inadvertent failure to send such a notice to a Commissioner, 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 paragraph (2)(b).(5)The Chairperson or, in his or her absence, Commissioner designated by him or her, shall preside at all meetings of the Commission.(6)At any meeting of the Commission, five of Commissioners shall form a quorum.(7)The Commission will endeavour to make decisions by consensus among the Commissioners present at a meeting of the Commission at which a quorum is present, failing which anything authorised or required to be done by the Commission shall be decided by a majority vote of the members at the meeting.(8)At all meetings of the Commission each Commissioner present shall have one vote on each question before the Commission: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 Commission, the Chairperson may invite any person to attend a meeting of the Commission, where the Chairperson considers that the person has special knowledge or experience in any matter to be considered at that meeting.(10)A person invited to attend a meeting of the Commission in terms of subparagraph (9) may take part in the meeting as if he or she were a member of the Commission, but he or she shall not have a vote on any question before the meeting.(11)Any proposal circulated among all Commissioners 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 Commissioners and shall be incorporated into the minutes of the next succeeding meeting of the Commission:Provided that, if a Commissioner requires that such a proposal to be placed before a meeting of the Commission, 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 Commission shall be as fixed from time to time by the Commission.
7. Working Groups of Commission
(1)For the better exercise of its functions the Commission may establish one or more Working Groups in which the Commission may vest such of its functions as it considers appropriate:Provided that the vesting of any function in a Working Group shall not divest the Commission of that function and the Commission may amend or rescind any decision of the Working Group in the exercise of that function.(2)On the establishment of a Working Group, the Commission—(a)shall appoint at least one member of the Commission as a member of the Working Group, and that member or one of those members, as the case may be, shall be chairperson of the Working Group; and(b)may appoint as members of the Working Group persons who are not members of the Commission and may fix terms and conditions of their appointment.(3)The Working Groups established in terms of subsection (1) shall be based on human rights thematic areas including—(b)Gender Equality and Women’s Rights;(c)Civil and Political Rights;(d)Economic Social and Cultural Rights; and(e)any other thematic area, which the Commission may consider necessary.(4)Meetings of a Working Group may be convened at any time and at any place by the chairperson of the Working Group.(5)If the chairperson of a Working Group is absent from any meeting of the Working Group, the members present may elect one of their number to preside at that meeting as chairperson.(6)A majority of members of a Working Group shall form a quorum at any meeting of the Working Group.(7)Anything authorised or required to be done by a Working Group may be decided by a majority vote at a meeting of the Working Group at which a quorum is present.(8)At all meetings of a Working Group each member present shall have one vote on each question before the Working Group: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 Working Group shall be as fixed by the Commission.
8. Minutes of proceedings
(1)The Commission shall cause minutes to be taken at its meetings and the meetings of its Working Groups and enter them in books kept for the purpose of recording minutes.(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 Commission or the Working Group 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.(3)The Commission and any Working Group of the Commission shall cause copies of all minutes that have been signed to be sent to the Minister for his or her information.
9. Validity of decisions and acts of Commission and Working Groups
No decision or act of the Commission and any Working Group or act done under their authority shall be invalid solely because—(a)the Commission or Working Group consisted of less than the number of persons for which provision is made in paragraphs 6 and 7; or(b)a disqualified person acted as a Commissioner or member of a Working Group at the time the decision was taken or the act was done or authorised;if the decision was taken or the act was done or authorised by a majority vote of the persons who at the time were entitled to act as Commissioners or members of a Working Group.
Second Schedule (Section 3(3))
Ancillary powers of Commission
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 any interest therein and any rights, 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 or 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 Commission 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.With the approval of Minister, to establish and administer such funds and reserves not specifically provided for in this Act as the Commission considers appropriate or necessary for the proper exercise of its functions.8.To pay such remuneration and allowances and grant such leave of absence and to make such gifts, bonuses and the like to members of the Commission as it considers fit.9.To provide pecuniary benefits for members of the Commission 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 its members and their dependants any or all of the pecuniary benefits to which the provisions of this paragraph relate.10.To purchase, take on lease or in exchange or otherwise acquire land for residential purposes or dwelling-houses for use or occupation by members of the Commission.11.To construct dwellings, outbuildings or improvements for use or occupation by members of the Commission.12.To provide or guarantee loans made to members of the Commission 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 its members, subject to any conditions that may be imposed by the Commission from time to time.13.To provide security in respect of loans by the deposit of securities, in which the Commission may invest such money as it may consider necessary for the purpose.14.Subject to any conditions that may be imposed by the Commission from time to time, to provide loans to any members of the Commission—(a)for the purpose of purchasing vehicles, tools or other equipment to be used by the members in carrying out their duties; or(b)not exceeding six months’ salary or wages payable to the members concerned, for any purpose on such security as the Commission thinks adequate.15.To do anything for the purpose of improving the skill, knowledge or usefulness of members of the Commission, 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.16.To provide such services as the Commission considers appropriate and to charge for such services such fees as the Commission, may from time to time determine.17.To engage in any activity, either alone or in conjunction with other organisations or international agencies, to promote better understanding of human rights violation issues.18.To provide advice or assistance, including training facilities, to the other human rights organisations from other countries.19.To do anything which by this Act or any other enactment is required or permitted to be done by the Commission.20.Generally to do all such things that are conducive to the performance of the functions of the Commission in terms of this Act or any other enactment.
Third Schedule (Section 6(5))
Oath of Secrecy
Oath of Secrecy of Executive SecretaryI, __________________, having been appointed as Executive Secretary of the Human Rights Commission do swear [or solemnly affirm] that I will not, directly or indirectly, reveal any matters relating to such functions to any unauthorised persons or otherwise in the course of my duty.So help me God.