First Schedule (Section 4(4))
Provisions applicable to the Commission
1. Disqualifications for appointment as Commissioner
(1)A person shall not be appointed as a Commissioner or be qualified to hold office as a Commissioner if—(a)he or she is not a citizen of or ordinarily resident in Zimbabwe; or(b)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or(ii)he or she has made an assignment to, or arrangement or composition with, his or her creditors which has not been rescinded or set aside; or(c)he or she has been convicted in Zimbabwe or in any country of an offence involving fraud or dishonesty and sentenced to a term of imprisonment imposed without the option of a fine, whether or not any portion of the sentence has been suspended, and he or she has not received a free pardon therefor.(2)A member of Parliament shall not be qualified for appointment as a Commissioner.(3)A person shall not be qualified for appointment as a Commissioner if he or she is a member of two or more other statutory bodies.(4)For the purposes of subparagraph (3)—(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.2. Terms and conditions of service of Commissioners
(1)Subject to this Schedule, a Commissioner, other than the Chairperson and deputy Chairperson, shall hold office for such period, fixed by the Minister for Commissioners generally, not exceeding three years, from the date of appointment, and upon the expiry of his or her term of office he or she shall be eligible for re-appointment as a Commissioner.(2)On the expiry of the period for which a Commissioner has been appointed in terms of subparagraph (1), he or she shall continue to hold office for a period not exceeding six months, until he or she has been re-appointed or his or her successor has been appointed.(3)Subject to this Schedule, a Commissioner, other than the Chairperson and deputy Chairperson, shall hold office on such terms and conditions as the Minister may fix for Commissioners generally.3. Vacation and suspension of Commissioners from office
(1)A Commissioner shall vacate his or her office and his or her office shall become vacant—(a)one month after the date on which he or she gives notice to the Minister, of his or her intention to resign, or after the expiry of such other period of notice as he or she and the Minister may agree; or(b)if he or she becomes a Member of Parliament; or(c)if he or she becomes disqualified in terms of paragraph 1(1) (a) or (b) or paragraph 1(2) or (3) to serve as a Commissioner; or(d)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 in any country.(2)The Minister may require a Commissioner to vacate his or her office if the Commissioner—(a)has been guilty of improper conduct as a Commissioner or of conduct prejudicial to the interests or reputation of the Commission; or(b)has failed to comply with any condition of his or her office fixed by the Minister in terms of paragraph 2(3) or paragraph 5(5); or(c)is mentally or physically incapable of efficiently performing his or her functions as a Commissioner.(3)The Minister, on the recommendation of the Commission, may require a Commissioner to vacate his or her office if the Minister is satisfied that the Commissioner has been absent, without the permission of the Commission, from three consecutive meetings of the Commission of which the Commissioner was given not less than seven days’ notice, and that there was no just cause for the Commissioner’s absence.(4)The Minister—(a)may suspend from office a Commissioner against whom criminal proceedings have been instituted in respect of an offence for which a sentence of imprisonment without the option of a fine may be imposed;(b)shall suspend from office a Commissioner 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 Commissioner is to vacate his or her office;(c)may suspend from office a Commissioner against whom misconduct charges have been preferred pending determination of the charges; and while the Commissioner is so suspended he or she shall not exercise any function or be entitled to any remuneration as a Commissioner.4. Filling of vacancies in Commission
On the death of, or the vacation of office by, a Commissioner, the Minister shall appoint a person qualified to fill the vacancy.5. Chairperson and deputy Chairperson of Commission
(1)The Minister shall designate one of the Commissioners to be the Chairperson of the Commission and another Commissioner to be the deputy Chairperson.(2)The Chairperson and the deputy Chairperson of the Commission shall hold office for such period as the Minister may fix:Provided that the Minister may at any time for good cause terminate the appointment of the Chairperson or deputy Chairperson and designate another Commissioner as Chairperson or deputy Chairperson, as the case may be.(3)The deputy Chairperson shall perform the Chairperson’s functions during any period that the Chairperson is unable to perform them.(4)On the expiry of the period for which the Chairperson or deputy Chairperson has been appointed in terms of subparagraph (2), he or she shall continue to hold office until he or she has been re-appointed or his or her successor has been appointed.(5)Subject to this Schedule, the Chairperson and deputy Chairperson shall hold office on such terms and conditions as the Minister may fix.6. Meetings and procedure of Commission
(1)The Commission shall hold its first meeting at a date and place fixed by the Minister, and thereafter for the dispatch of business, and shall adjourn, close and otherwise regulate its meetings and procedure as it thinks fit:Provided that the Commission must meet at least six times in each financial year.(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 the Minister or of at least two Commissioners, which meeting shall be convened on a date not sooner than seven days not later than thirty days after the Chairperson’s receipt of the request.(3)Written notice of a special meeting to be convened in terms of subparagraph (2), specifying the business of the meeting, shall be sent to each Commissioner not later than forty-eight hours before the meeting.(4)No business shall be discussed at a special meeting convened in terms of subparagraph (2) other than—(a)where the meeting was convened by the Chairperson in terms of paragraph (a) of that subparagraph, such business as he or she specifies; or(b)where the meeting was convened by the Chairperson in terms of paragraph (b) of that subparagraph, such business for which the meeting was requested.(5)The Chairperson or, in his or her absence, the deputy Chairperson shall preside at meetings of the Commission:Provided that if the Chairperson and the deputy Chairperson of the Commission are both absent from any meeting of the Commission, the Commissioners present may elect one of their number to preside at the meeting as Chairperson.(6)Five Commissioners shall form a quorum at any meeting of the Commission.(7)Subject to subparagraph (11), all acts, matters or things authorised or required to be done by the Commission shall be decided by consensus or a majority vote of the Commissioners at a meeting of the Commission at which a quorum is present.(8)With the Commission’s approval, the Chairperson 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 at that meeting.(9)A person invited to attend a meeting of the Commission or a committee in terms of subparagraph (8) may take part in the proceedings of the Commission or the committee as if he or she were a Commissioner or member thereof, but shall not have a vote on any question before the Commission or committee.(10)Subject to paragraph 9, at all meetings of the Commission each Commissioner present shall have one vote on any question before the Commission 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.(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 by a duly constituted meeting of the Commission 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 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 it may vest such of 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 Commissioner to be a member of the committee and shall designate that Commissioner or, if more than one Commissioner is so appointed, one of those Commissioners, to be the chairperson of the committee; and(b)may appoint as members of the committee, on such terms and conditions as the Commission may fix, persons who are not Commissioners.(3)Meetings of a committee may be convened at any time and any place by the Chairperson of the Commission or the chairperson of the committee.(4)Subject to subparagraph (3) and to paragraphs 6 and 10, the procedure to be followed at any meeting of a committee shall be as fixed by the Commission.8. Remuneration and allowances of Commissioners and members of committees
Every Commissioner or member of a committee shall be paid from the Commission’s funds—(a)such remuneration, if any, as the Minister may fix, generally; and(b)such allowances as the Minister may fix to meet any reasonable expenses incurred by a Commissioner or member of a committee in connection with the business of the Commission or the committee, as the case may be.9. Validity of decisions and acts of Commission and committees
No decision or act of the Commission or committee and no act that is authorised by the Commission or 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 Commissioner or member of the committee, as the case may be, at the time the decision was taken or the act was done or authorised.10. 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 any committee 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 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.
Second Schedule (Section 6(2))
Powers of Commission
1.To acquire by lease, purchase, or otherwise, immovable property and 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 any assets which are not required for the exercise of its functions for such consideration as the Commission may, with the approval of the Minister, determine.5.To open bank and building society and post office 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, bills of lading, 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 the Minister, to enter into, review, cancel or abandon arrangements with any government or authority, local or otherwise, that may seem conducive to the exercise of its functions or any of them and to obtain from such government or authority rights, privileges and concessions which the Commission thinks desirable to obtain, and carry out, exercise and comply with such arrangements, rights, privileges and concessions.8.To raise loans or borrow money in such amounts and for such purposes and under such conditions as may be approved by the Minister.9.To establish and administer such funds and reserves as the Commission may consider appropriate or necessary for the proper exercise of the functions of the Commission.10.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.11.Generally, to do all such things as are calculated to facilitate or are incidental or conducive to the performance of the functions of the Commission in terms of this Act or any other enactment.