First Schedule (Section 3(3))
Provisions applicable to Commission
1. Interpretation in First Schedule
In this Schedule—“member”—(a)means a member of the Commission;(b)in relation to a statutory body, includes a person who is appointed to a Commission or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body;“statutory body” means—(a)any Commission established by the Constitution;(b)any body corporate established directly by or under any Act of Parliament for special purposes specified in that Act.
2. Disqualification 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 not is a citizen of Zimbabwe or ordinarily resident in Zimbabwe;(b)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been rehabilitated or discharged; or(ii)made an assignment or composition with his or her creditors which has not been rescinded or set aside;or(c)within the period of five years immediately preceding his or her proposed appointment, he or she has been sentenced in any country by a competent court 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; or(d)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. Vacation of office by members
(1)A member 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 President or in the case of the CEO to the Chairperson, of his or her intention to resign his office or after the expiry of such other period of notice as he or she and the President or Chairperson, as the case maybe, 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 2 to hold office as a member.(2)The President, on the recommendation of the Commission, may require a member to vacate his or her office if the Minister is satisfied that the member has been absent without the consent of the chairperson from three consecutive meetings of the Commission, of which he or she has been given due notice in terms of paragraph 6, and that there was no just cause for the member’s absence.
4. Suspension of members
The President may suspend from office a member 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 Commission
On the death of, or the vacation of office by, a member his or her office shall be filled within three months.
6. Meetings and procedure of Commission
(1)The Commission 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 Commission shall meet at least once every three months.(2)Written notice of an ordinary meeting convened in terms of the proviso to subparagraph (1) shall be sent to each member not later than seven working days before the meeting, together with an agenda for the meeting.(3)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 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.(4)Written notice of a special meeting convened in terms of subparagraph (3) 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.(5)No business shall be discussed at a special meeting convened in terms of subparagraph (3) other than—(a)such business as may be determined by the Chairperson, where he or she convened the meeting in terms of subparagraph 3(a); or(b)the business specified in the request for the meeting, where the Chairperson convened the meeting in terms of paragraph 3(b).(6)The Chairperson or, in his or her absence, the Vice-Chairperson shall preside at all meetings of the Commission:Provided that, if the Chairperson and Vice-Chairperson are both absent from any meeting of the Commission, the members present may elect one of their number to preside at that meeting as chairperson.(7)A majority of members shall form a quorum at any meeting of the Commission.(8)All acts, matters or things, authorised or required to be done by the Commission may be decided by a majority vote at any meeting of the Commission at which a quorum is present: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 Commission’s approval, the Chairperson of the Commission may invite any person to attend a meeting of the Commission or a committee, where the Chairperson considers that the person has special knowledge of or experience in any matter to be considered by the Commission or the committee, as the case may be, at that meeting.(10)A person invited to attend a meeting of the Commission or of a committee may take part in the proceedings of the Commission or the committee as if he or she were a member thereof, but he or she shall not have a vote on any question before the Commission or committee, as the case may be.(11)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 at a duly constituted meeting of the members and shall be incorporated into the minutes of the next succeeding meeting of the Commission:Provided that if a member requires that such a proposal be placed before a meeting of the Commission, this subparagraph shall not apply to the proposal.
7. Committees of Commission
(1)For the better exercise of its functions the Commission may establish one or more committees in which the Commission may vest its functions as it considers appropriate:Provided that the vesting of any function in a committee shall not divest the Commission of that function, and the Commission may amend or rescind any decision of the committee in the exercise of that function.(2)On the establishment of a committee, the Commission—(a)shall appoint at least one member of the Commission as a member of the committee, and that member or, if two or more members of the Commission are so appointed, one of those members, 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 Commission and may fix terms and conditions of their appointment.(3)Meetings of a committee may be convened at any time and at any place by the Chairperson of the Commission.(4)If the chairperson of a committee is absent from any meeting of the committee, the members present may elect one of their number to preside at that meeting as chairperson.(5)A majority of members of a committee shall form a quorum at any meeting of a committee.(6)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.(7)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.(8)Subject to this paragraph, the procedure to be followed at any meeting of a committee shall be as fixed by the Commission.
8. Minutes of proceedings of Commission and committees
(1)The Commission shall cause minutes of all proceedings of and decisions taken at every meeting of the Commission and of every committee to be entered 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 Commission 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.(3)The Commission and any committee 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 committees
No decision or act of the Commission or a committee or act that is authorised by the Commission or a committee shall be invalid solely because there was a vacancy in the membership of the Commission or the committee or because a disqualified person purported to act as a member of the Commission or the committee, as the case may be, at the time the decision was taken or the act was done or authorised.
Second Schedule (Section 4(2))
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 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 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 functions8.To pay such remuneration and allowances and grant such leave of absence and to make such gifts, bonuses and the like to staff of the Commission as it considers fit.9.To provide pecuniary benefits for staff 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 staff 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 dwellings-houses for use or occupation by staff 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 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 engage in any activity, either alone or in conjunction with civil society organizations and other organizations or international agencies, to promote better understanding of gender issues.17.To do anything which by this Act or any other enactment is required or permitted to be done by the Commission.18.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.