First Schedule (Sections 2 and 9)
Provisions applicable to membership, procedures, staff and finances of authority
Part I – Membership of Board
1. Disqualifications 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 neither a citizen of Zimbabwe nor permanently resident in Zimbabwe; 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or discharged; or(ii)made an assignment to, or arrangement or composition with, his or her creditors which has not been rescinded or set aside;or(c)has, within the period of five years immediately preceding the date of his or her proposed appointment, been convicted—(i)in Zimbabwe, of an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 shall not be qualified for appointment as a member if he or she is—(a)a member of Parliament; or(b)a member of a provincial or metropolitan council; or(c)a member of the council of a local authority; or(d)a member of two or more other statutory or corporate bodies.(3)A person who has twice been appointed as a member, whether or not he or she has served the terms for which he or she was appointed, shall not be eligible for further appointment to the Board.(4)For the purposes of subparagraph (2)(d)—(a)a person who is appointed to a council, hoard 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.
2. Terms and conditions of office of members
(1)Subject to this Part, a member shall hold office for such period, not exceeding four years, as the Minister may fix on his or her appointment.(2)On the expiry of the period for which a member has been appointed, he or she shall continue to hold office until he or she has been re-appointed or his or her successor has been appointed:Provided that a person shall not continue to hold office in terms of this subparagraph for more than six months.(3)A retiring member shall be eligible for re-appointment as a member for one further term.(4)A member shall be paid such remuneration and allowances, and hold office on such terms and conditions, as the Minister may fix for members generally.
3. Vacation of office by member
(1)A member shall vacate his or her office and the member’s office shall become vacant—(a)one month after 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 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 1(1) or (2) to hold office as a member; or(d)if he or she is required in terms of subparagraph (2) or (3) to vacate his or her office.(2)The Minister may require a member to vacate his or her office if—(a)the member has been guilty of conduct which renders him or her unsuitable to continue to hold office as a member; or(b)the member has failed to comply with any condition of his or her office fixed in terms of paragraph 2; or(c)the member has ceased to possess any qualification by reason of which he or she was appointed; or(d)the member is mentally or physically incapable of efficiently performing his or her duties as a member; or(e)the member contravenes paragraph 10; or(f)the member or his or her spouse engages in any occupation, service or employment, or holds any asset, which in the Minister’s opinion is inconsistent with his or her duties as a member.(3)The Minister, on the recommendation of the Board, 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 of the Board from three consecutive meetings of the Board, of which he or she has been given at least seven days’ notice, and that there was no just cause for the member’s absence.
4. Suspension of member
The Minister—(a)may suspend from office a member against whom criminal proceedings are instituted for an offence involving dishonesty; and(b)shall suspend from office a member who has been sentenced by a court to imprisonment without the option of a fine, whether or not any portion has been suspended, pending determination of the question whether the member is to vacate his or her office;and, whilst that member is suspended, he or she shall not carry out any duties or be entitled to any remuneration or allowances as a member.
5. Dismissal of Board
(1)Subject to subparagraph (2), if the Minister considers that—(a)the Board has contravened this Act or any other law and has failed to rectify the contravention within a reasonable time after being required to do so by the Minister; or(b)whether through disagreements amongst its members or otherwise, the Board is unable to carry out any of its functions in terms of this Act;and that it is in the national interest to do so, the Minister, with the approval of the President, may send a written notice to the chairperson and the Chief Executive Officer dismissing all the members, and, their offices shall become vacant as soon as the Chief Executive Officer receives the notice.(2)Before dismissing all the members, the Minister shall inform the President of the intended dismissal.
6. Filling of vacancies on Board
(1)Within three months after a member’s death or vacation of office, the Minister shall appoint a person in terms of this Act to fill the vacancy.(2)Within one month after dismissing all the members in terms of paragraph 5, the Minister shall appoint persons in terms of this Act to fill the vacancies.
7. Chairperson and vice-chairperson of Board
(1)The Minister shall designate two of the members to be chairperson and vice-chairperson of the Board.(2)The chairperson and vice-chairperson of the Board may at any time, by written notice to—(a)the Minister, in the case of the chairperson or vice-chairperson;(b)the Chief Executive Officer, in the case of the vice-chairperson;resign as chairperson or vice-chairperson of the Board, as the case may be.(3)The vice-chairperson of the Board shall perform the functions of the chairperson whenever the chairperson is unable to perform them or the office of chairperson is vacant.
Part II – Meetings and procedure of Board and committees
8. Meetings and procedure of Board
(1)The Board 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 Board shall meet at least four times in each financial year.(2)The chairperson of the Board—(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 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.(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.(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 of the Board, 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 of the Board covened the meeting in terms of subparagraph (2)(b).(5)The chairperson of the Board or, in his or her absence, the vice-chairperson shall preside at all meetings of the Board:Provided that, if the chairperson and vice-chairperson are both absent from any meeting of the Board, the members present may elect one of their number to preside at that meeting as chairperson:(6)Six members shall form a quorum at any meeting of the Board.(7)Subject to subparagraph (12), anything authorised or required to be done by the Board may be decided by a majority vote at any meeting of the Board at which a quorum is present.(8)With the Board’s approval, the chairperson of the Board may invite any person to attend a meeting of the Board or of a committee, where the chairperson considers that the person has special knowledge or experience in any matter to be considered by the Board or the committee, as the case may be, at that meeting.(9)A person invited to attend a meeting of the Board or of a committee may take part in the proceedings of the Board or the committee as if he or she were a member thereof, but shall not have a vote on any question before the Board or committee, as the case may be.(10)The Chief Executive Officer may take part in meetings of the Board as if he or she were a member, but shall have no vote on any matter to be decided by the Board:Provided that—(i)the Board may, for good cause, request the Chief Executive Officer to withdraw from any meeting of the Board, but if it does so it shall cause such withdrawal to be noted in the minutes of the meeting;(ii)the Chief Executive Officer shall not take part in the discussion of any question before the Board which involves his or her tenure of office or conditions of service.(11)Subject to paragraph 10, at all meetings of the Board each member present shall have one vote on any question before the Board and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to a deliberative vote.(12)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 by a duly constituted meeting of the Board and shall be incorporated into the minutes of the next succeeding 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.
9. Committees of Board
(1)For the better exercise of its functions, the Board may establish one or more committees in which the Board may vest such of its functions as it considers appropriate:Provided that the vesting of a function in a committee 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.(2)On the establishment of a committee in terms of subparagraph (1), the Board—(a)shall appoint at least two of its members to the committee and that member or one of those members, as the case may be, shall be chairperson of the committee; and(b)may appoint persons who are not members of the Board to be members of the committee.(3)Members of committees may be paid—(a)such remuneration; and(b)such allowances to meet reasonable expenses incurred by them in connection with the business of the committee concerned;as the Board may fix with the approval of the Minister.(4)Meetings of a committee may be convened at any time and at any place by the chairperson of the Board or the chairperson of the committee.(5)Subject to subparagraph (4) and to paragraphs 11 and 12, the procedure to be followed at any meeting of a committee and the quorum at any such meeting shall be as fixed by the Board.
10. Members of Board and committees to disclose certain connections and interests
(1)In this paragraph—“relative”, in relation to a member of the Board or a committee, means the member’s spouse, child, parent, brother or sister.(2)Subject to subparagraph (4)—(a)if a member of the Board or of a committee—(i)knowingly acquires or holds a direct or indirect pecuniary interest in any matter that is under consideration by the Board or committee; 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 any of his or her relatives—A. has acquired or holds a direct or indirect pecuniary interest in any matter that is under consideration by the Board or the committee; orB. 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(b)if for any reason the private interests of a member of the Board or a committee come into conflict with his or her functions as a member;the member shall forthwith disclose the fact to the Board or the committee, as the case maybe.(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 Board or the committee, as the case may be, which relates to any property, right or interest referred to in that subparagraph.(4)Nothing in this paragraph shall be taken to prevent members of the Board or of a committee of the Board from taking part in the consideration of, or voting on, any matter that affects members generally in their capacity as persons liable to pay revenue.(5)Any person who contravenes subparagraph (2) or (3) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
11. Minutes of proceedings of Board and committees
(1)The Board shall cause minutes of all proceedings of and decisions taken at every meeting of the Board 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 Board or the committee concerned, as the case may be, shall be accepted for all purposes as prima fade evidence of the proceedings and decisions taken at the meeting concerned.
Part III – Staff of Authority
12. Appointment and functions of Chief Executive Officer
(1)The Board, with the approval of the Minister, shall appoint a Chief Executive Officer of the Authority who shall be responsible, subject to the Board’s control, for administering the Authority’s affairs, staff and property and for performing any other functions that may be conferred or imposed upon him or her by or under this Act or that the Board may assign to him or her.(2)An assignment of functions in terms of subparagraph (1)—(a)may be made generally or specially and subject to such conditions, restrictions, reservations and exceptions as the Board may determine;(b)may be revoked by the Board at any time;(c)shall not preclude the Board itself from exercising the functions.(3)A person shall be qualified for appointment as Chief Executive Officer if he or she is of good moral character and proved integrity and has such qualifications (at the minimum level of a Master’s Degree) and experience in a field relevant to the Authority’s functions as may be prescribed or as may be acceptable to the Board.(4)The Chief Executive Officer shall be appointed for a term of not more than six years on such terms and conditions as may be fixed by the Board with the approval of the Minister, and on the expiry of his or her term of office he or she shall be eligible for appointment for a further term:Provided that—(i)the terms and conditions of his or her employment, and the renewal of his or her appointment, shall be in accordance with any enactment regulating corporate governance in public bodies;(ii)the employment of the Chief Executive Officer shall terminate if he or she would be required in terms of paragraph 3(1)(b) to vacate office were he or she a member of the Board.(5)The Chief Executive Officer shall serve as secretary of the Board and shall be responsible for keeping the Board’s minutes referred to in paragraph 11.
13. Other staff of Authority
(1)Subject to any other law, the Authority may employ such persons in addition to the Chief Executive Officer as the Board considers necessary for the proper exercise of the Authority’s functions, and may promote, suspend or discharge any such employee.(2)Employees of the Authority referred to subparagraph (1) shall carry out their functions under the direction and control of the Chief Executive Officer, who shall be responsible to the Board for their proper conduct.
14. Engaging of consultants
The Board may engage persons otherwise than as employees, on such terms and conditions as the Board thinks appropriate, to perform services of a specialised, technical or professional nature for the Authority.
15. Employees and consultants to disclose certain connections and interests
Paragraph 10 shall apply, with any necessary changes, to persons employed or engaged by the Authority in terms of paragraphs 12, 13 and 14.
Part IV – Financial provisions
16. Funds of Authority
The funds of the Authority shall consist of—(a)any moneys that may be appropriated for the purpose by Parliament; and(b)any loans, donations and grants which the Authority receives, with the approval of the Minister, from any person or authority or from the government of any country; and(c)any other moneys that may accrue to the Authority, whether in the course of its operations or otherwise.
17. Financial year of Authority
The financial year of the Authority shall be the period of twelve months ending on the 31st December in each year or on such other date as may be prescribed.
18. Accounts of Authority
(1)The Authority shall ensure that proper accounts and other records relating to such accounts are kept in respect of all its activities, funds and property, including such particular accounts and records as the Minister may direct.(2)As soon as possible after the end of each financial year, the Authority shall prepare and submit to the Minister a statement of accounts in respect of that financial year or in respect of such other period as the Minister may direct.
19. Audit of Accounts of Authority
(1)The accounts of the Authority shall be audited by the Auditor-General, who for the purpose shall have all the functions conferred on him or her by sections 8 and 9 of the Audit Office Act as though the assets of the Authority were public moneys and the members, employees and agents of the Authority were officers as defined in that Act.
Second schedule (Section 7)
Ancillary powers of authority
1.To acquire by lease, purchase, or otherwise, immovable property, and to construct buildings thereon.2.To buy, take in exchange, hire or otherwise acquire movable property, including vehicles, necessary or convenient for the performance of its functions.3.To maintain, alter and improve property acquired by it.4.To mortgage or pledge any assets or part of any assets and to sell, exchange, let, dispose of, turn to account or otherwise deal with any assets or part of assets which are not required for the exercise of its functions for such consideration as the Board, with the approval of the Minister, may determine.5.To open bank and building society and post office accounts in the name of the Authority and to draw, make, accept, endorse, discount, execute and issue for the purposes of its functions promissory notes, bills of exchange, bills of lading, securities and other negotiable or transferable instruments.6.To insure against losses, damages, risks and liabilities which it may incur.7.To sell, tent, grant leases, subleases or other interests or concessions in respect of land, buildings or any other facility or structure owned by it, or under its control.8.To enter into contracts and suretyships or give guarantees in connection with the exercise of its functions and to modify or rescind such contracts or rescind such suretyships or guarantees.9.With the approval of the Minister, to enter into, review, cancel or abandon arrangements with any government or authority, whether inside or outside Zimbabwe, that may seem conducive to the exercise of any of its functions and to obtain from such government or authority rights, privileges and concessions which the Board thinks desirable, and to carry out, exercise and comply with such arrangements, rights, privileges and concessions.10.To raise loans or borrow money in such amounts and for such purposes and under conditions as may be approved by the Minister.11.To establish and administer such funds and reserves as the Board considers appropriate or necessary for the proper exercise of the Authority’s functions.12.To provide terminal benefits for its employees on their retirement, resignation, discharge or other termination of service or in the event of their sickness or injury.
Third Schedule (Section 15)
Authorisation to conduct procurement proceedings
1. Interpretation in Third Schedule
In this Schedule—“authorisation” means authorisation to conduct procurement proceedings granted by the Authority in terms of section 15(1);“remedial plan” means a plan prepared in terms of paragraph 5.
2. Application for Authorisation
(1)An application for authorisation shall be made by a procuring entity in such form as may be prescribed or as may be provided by the Authority.(2)In its application for authorisation, a procuring entity shall provide the Authority with information concerning—(a)the nature of procurement proceedings to be conducted by the procuring entity; and(b)the assignment of responsibilities for procurement within the procuring entity’s organisation; and(c)the identity of the procuring entity’s accounting officer; and(d)the structure of the procuring entity’s procurement management unit and any evaluation committees; and(e)the procuring entity’s facilities for conducting procurement proceedings; and(f)particulars of procurement proceedings conducted by the procuring entity during the preceding two years; and(g)such other information as may be required in the application form or as the Authority may reasonably require.
3. Assessment by authority of procuring entity’s capacity
(1)On receipt of an application in terms of paragraph 2, the Authority shall assess the capacity of the applicant to conduct procurement proceedings, and for the purpose of such assessment may inspect the applicant’s facilities and premises.(2)In determining whether to grant an applicant authorisation, the Authority shall have regard to the applicant’s capacity to engage in procurement proceedings of the nature and extent envisaged in the application, taking into account—(a)the assignment of responsibilities for procurement within the applicant’s organisational structure;and(b)the qualifications and experience of the applicant’s officers who will be responsible for procurement, and their numbers; and(c)the applicant’s use of information technology and other facilities for communication; and(d)the performance of the applicant in previous procurement proceedings -(3)The Authority shall carry out its assessment of an applicant’s capacity with all reasonable dispatch so that its decision on the application can be made and communicated to the applicant without undue delay.
4. Grant or refusal of authorisation
(1)If, after assessing an applicant’s capacity as provided in paragraph 3, the Authority is—(a)satisfied that the applicant has the capacity to conduct procurement proceedings of the nature and extent envisaged in the application, the Authority shall grant the application and, subject to subparagraph (2), issue the applicant with the authorisation sought;(b)not satisfied as provided in subparagraph (a), the Authority shall refuse the application and notify the applicant accordingly, providing the applicant with reasons for the refusal.(2)Authorisation to conduct procurement proceedings shall be in writing and—(a)shall state—(i)the name of the procuring entity to which it has been granted; and(ii)the nature of the procurement proceedings that are authorised; and(iii)the period for which the authorisation is granted; and(b)may specify terms and conditions subject to which the authorisation is
5. Remedial plan following refusal of authorisation
(1)Where the Authority refuses a procuring entity’s application for authorisation, the Authority shall prepare a remedial plan, in consultation with the entity, whereby—(a)the procuring entity takes such measures as are stated in the plan to improve its procurement capacity; and(b)pending completion, to the Authority’s satisfaction, of the measures referred to in subparagraph (a) —(i)the procuring entity may conduct such procurement proceedings as are specified in the plan; or(ii)some other procuring entity conducts procurement proceedings on behalf of the entity, whether through shared procurement arrangements in accordance with section 19 or otherwise, as may be specified in the plan.(2)Notwithstanding any other provision of this Act, while a remedial plan remains operative, the procuring entity shall conduct its procurement proceedings in accordance with the plan.
6. Termination of remedial plan
(1)At any time while a remedial plan for a procuring entity remains operative, the Authority may conduct an assessment of the entity’s capacity to conduct procurement proceedings, and if the Authority is—(a)satisfied that the entity has the capacity to conduct procurement proceedings of the nature and extent envisaged in its original application or any other procurement proceedings the entity wishes to conduct, the Authority shall issue the applicant with authorisation to conduct those proceedings; and(b)not satisfied as provided in subparagraph (a), the Authority may do any one or more of the following—(i)extend the remedial plan;(ii)require the entity to continue to take additional measures to improve its procurement capacity;(iii)appoint another procuring entity to conduct procurement proceedings on behalf of the entity, whether through shared procurement arrangements in accordance with section 19 or otherwise;(iv)take any other measures which, in the Board’s opinion, will enable the entity to conduct procurement proceedings in accordance with this Act.
7. Renewal of authorisation
(1)Before the expiry of its authorisation, a procuring entity shall apply to the Authority for renewal of the authorisation, and paragraphs 2 to 6 shall apply, with any necessary changes, to the application.(2)The Authority may grant a procuring entity temporary authorisation to conduct procurement proceedings pending a decision by the Authority on an application for renewal of the entity’s authorisation.
8. Continuous assessment of procurement capacity
(1)The Authority shall continuously assess—(a)the continued capacity of authorised procuring entities to conduct procurement proceedings; and(b)the compliance of authorised procuring entities with the terms and conditions of their authorisation;and if the Authority considers that the entity no longer has the capacity to conduct procurement proceedings, or is contravening or failing to comply with any material term or condition of its authorisation, the Authority may cancel the authorisation or direct the entity to rectify the non-compliance, or may take such other measures to remedy the situation as the Authority considers necessary or desirable.(2)Before cancelling a procuring entity’s authorisation in terms of subparagraph (1), the Authority shall notify the entity concerned of the proposed cancellation and the reasons for it, and shall give the entity a reasonable opportunity to make representations in the matter.