First Schedule (Section 3(1))
Provisions applicable to Commission
1. Appointment of Members of Commission
In the appointment of Members of the Commission in terms of section 251(1)(b) of the Constitution the President shall observe the provisions of section 17, 18 and 236 of the Constitution.
2. Terms of office and conditions of service of Members
(1)Subject to section 320 of the Constitution, a Member shall hold office for a term of five years which may be renewable for one additional term only.(2)Subject to paragraph 9, a Member shall hold office on such terms and conditions as the President may fix.(3)A Member shall vacate his or her office on expiry of the period for which the Member has been appointed.(4)The term of office of the Members may be renewable subject to section 340 of the Constitution.(5)Unless otherwise provided elsewhere, every Member shall be appointed on a full time basis, and no Member nor full time employee of the Commission shall—(a)hold any other employment or seek appointment, election or nomination to any elective or political office; or(b)except in the exercise of his or her function as a Member or as an employee of the Commission, perform any work for any organisation:Provided that a Member who is a member of any organisation on his or her appointment to the Commission shall within seven days terminate his or her membership with the organisation upon failure to do which he or she ceases to be a Member.
3. Additional disqualification grounds for appointment as Member
Subject to section 320(3) of the Constitution, no person shall be appointed as a Member and no person shall be qualified to hold office as a Member who—(a)is not a citizen of Zimbabwe ordinarily resident in Zimbabwe; or(b)has a financial interest in any business connected with the provision of services to the Commission, or is engaged in any activity connected with any such service, or is married or connected to or associated with a person who has such an interest or is engaged in such an activity, unless the President is satisfied that the interest or activity will not interfere with the person’s impartial discharge of his or her duties as a Member; or(c)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or discharged; or(ii)made an assignment to, or arrangement or composition with, his or her creditors which has not been rescinded or set aside; or(d)has, within the period of five years immediately preceeding the date of his or her proposed appointment, been convicted—(i)in Zimbabwe, of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 exceeding six months imposed without the option of a fine, whether or not any portion has been suspended, and has not received a free pardon.
4. Vacation of office by Member
A Member shall vacate his or her office and his or her office shall become vacant—(a)three months after the date upon which he or she gives notice in writing to the President of his or her intention to resign, or on the expiry of such other period of notice as he or she and the President may agree; or(b)if he or she is removed from office in terms of section 237(2) and (3) as read with section 187 of the Constitution; or(c)if he or she becomes disqualified in terms of paragraph 3 to hold office as a Member.
5. Filling of vacancies f Commission
Subject to section 251 of the Constitution, on the death of, or vacation of office by a Member, the President shall appoint a qualified person to fill the vacancy:Provided that if as a result of the vacancy, the number of Members falls below the minimum number specified in paragraph 7(6), the President shall fill the vacancy as soon as is practically possible.
6. Chairperson and Vice-Chairperson of Commission
(1)Subject to section 251(1) (a) of the Constitution, the President shall appoint a Chairperson of the Commission.(2)The President shall designate one of the Members as Vice-Chairperson of the Commission:Provided that the Vice-Chairperson shall be of different sex from the Chairperson.(3)The Vice-Chairperson of the Commission shall perform the Chairperson’s functions whenever the Chairperson is, for any reason, unable to perform them.(4)The Chairperson or Vice-Chairperson of the Commission may at any time resign his or her office as such by one month’s notice in writing to the President.(5)Whenever the office of Chairperson of the Commission falls vacant, the President shall fill the vacancy within three months.(6)Whenever the office of Vice-Chairperson of the Commission falls vacant, the President shall fill the vacancy within three weeks.
7. Meetings and procedure of Commission
(1)The Commission shall hold its first meeting on such date and at such place as the Minister may fix, being not more than three months after the fixed date, and thereafter the Commission shall meet for the dispatch of business as often as is necessary or expedient and, subject to this paragraph, may adjourn, close and otherwise regulate its meetings and procedure as it thinks fit.(2)The Chairperson of the Commission may at any time convene a special meeting of the Commission.(3)The Chairperson shall send written notice of any special meeting convened in terms of subparagraph (2) to each Member not later than seven days before the meeting and shall specify the business for which the meeting has been convened:Provided that if, in the opinion of the Chairperson, the urgency of the business for which the meeting is to be convened so requires, notice of not less than forty-eight hours may be given.(4)No business shall be discussed at a special meeting convened in terms of subparagraph (2) other than such business as may be determined by the Chairperson of the Commission.(5)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 the Vice-Chairperson are both absent from a meeting of the Commission, the Members present may elect one of their number to preside at that meeting as Chairperson.(6)For any meeting of the Commission, five Members shall form a quorum.(7)All acts, matters or things authorised or required to be done by the Commission may be decided by a majority vote at a meeting of the Commission at which a quorum is present.(8)Subject to subparagraph (9), at all meetings of the Commission each Member present shall have one vote on each question before the Commission and, in the event of an equality of votes, the Chairperson shall have a casting vote in addition to a deliberative vote.(9)Any proposal circulated among all Members and agreed to in writing by a majority of all Members shall have the same effect as a resolution passed at a duly constituted meeting of the Commission and shall be incorporated in the minutes of the next succeeding meeting of the Commission:Provided that, if a Member requires that such proposal be placed before a meeting of the Commission, this subparagraph shall not apply to such proposal.(10)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 or experience in any matter to be considered by the Commission or the committee, as the case may be, at that meeting.(11)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.
8. Committees of Commission
(1)For the better exercise of its functions, the Commission may establish one or more committees in which it may vest any of its functions as it considers appropriate:Provided that the vesting of a function in a committee shall not prevent the Commission from itself exercising that function, and the Commission may amend or rescind any decision of the committee in the exercise of that function.(2)The Commission may appoint to a committee persons other than Members.(3)The Chairperson of the Commission or of a committee may at any reasonable time and place convene a meeting of that committee.(4)The procedure of each committee shall be as fixed from time to time by the Commission.(5)Subject to this paragraph, paragraph 7(2), (3), (4), (5), (7), (8) and (9) shall apply, with any necessary changes, to committees and their members as they apply to the Commission and its Members.(6)The quorum for any committee of the Commission shall be at least half the members of that committee.
9. Remuneration and expenses of Members
Members shall be paid such remuneration, if any as Parliament may from time to time fix.
10. Members to disclose certain connections and interests
(1)In this paragraph—“relative”, in relation to a Member, means the Member’s spouse, child, parent, brother or sister.(2)Subject to subparagraph (3)—(a)if a Member—(i)knowingly acquires or holds a direct or indirect pecuniary interest in any matter that is under consideration by the Commission; or(ii)owns any property or has a right in property or a direct or indirect pecuniary interest in a company or association of persons which results in the Member’s private interests coming or appearing to come into conflict with his or her functions as a Member; or(iii)knows or has reason to believe that a relative of his or hers —(A)has acquired or holds a direct or indirect pecuniary interest in any matter that is under consideration by the Commission; or(B)owns any property or has a right in property or a direct or indirect pecuniary interest in a company or association of persons which results in the Member’s private interests coming or appearing to come into conflict with his functions as a Member, or(b)if for any reason the private interests of a Member come into conflict with his or her functions as a Member;the Member shall forthwith disclose the fact to the Commission.(3)A Member referred to in subparagraph (2) shall take no part in the consideration or discussion of, or vote on, any question before the Commission which relates to any contract, right, immovable property or interest referred to in that subparagraph.(4)Any Member who knowingly and without lawful cause contravenes subparagraph (2) or (3) 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.
11. Validity of decisions and acts of Commission
No decision or act of the Commission or act done under the authority of the Commission shall be invalid on the grounds that—(a)the Commission consisted of fewer than the minimum number of persons prescribed in paragraph 7(6); or(b)a disqualified person acted as a Member at the time the decision was taken or act was done or authorised:Provided that the Commission shall ratify any such decision or action as soon as possible after it becomes aware that the decision or action was taken in the circumstances described in subparagraph (a) or (b).
12. Minutes of proceedings of Commission
(1). The Commission shall cause minutes of all proceedings of and decisions taken at every meeting of the Commission 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 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 of and decisions taken at the meeting concerned.
13. Execution of contracts and instruments by Commission
Any agreement, contract or instrument approved by the Commission may be entered into or executed on behalf of the Commission by any persons generally or specially authorised by the Commission for that purpose.
Second Schedule (Section 3(2)(d))
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.In consultation with the 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 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 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.13.Subject to any conditions that may be imposed by the Commission from time to time, to provide loans to—(a)members of the Commission for the purpose of purchasing vehicles or other equipment to be used by the Members in carrying out their duties; or(b)members of staff for the procuring of their vehicles which may be resold to such members after five years:Provided that—(i)the Commission may fix further terms and conditions for this vehicle scheme;(ii)the loan shall not exceed twelve months’ salary or wages payable to the Members and members of staff concerned, for any purpose on such security as the Commission thinks adequate.14.To register, in the Commission’s name, any property, whether movable or immovable, purchased for any Member or member of staff through loan or loan guarantee until the loan or loan guarantee has been discharged.15.To do anything for the purpose of improving the skill, knowledge or usefulness of Members and members of staff, 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:Provided that the duration of such training shall not exceed two years.16.To engage in any activity, either alone or in conjunction with civil society organisations and other organisations or international agencies, to promote better understanding of peace building strategies and conflict prevention, management, resolution and transformation.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.