(2) A person who is —
(a) a member of Parliament; or
(b) a member of two or more other statutory bodies;
shall not be appointed as a member of the Board, nor shall he be qualified to hold office as a member.
(c) …..
[Paragraph repealed by section 18 of Act 14 of 2002]
(3) For the purposes of paragraph (b) of subsection (2) 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.
9 Vacation of office by member
A member shall vacate his office and his office shall become vacant
(a) three months after the date upon which he gives notice in writing to the Minister of his intention to
resign, or on the expiry of such other period of notice as he and the Minister may agree; or
(b) on the date he 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 becomes disqualified in terms of paragraph (a), (b) or (c) of subsection (1) of section eight, or in
terms of subsection (2) of that section, to hold office as a member; or
(d) if he is required in terms of section ten to vacate his office.
10 Dismissal or suspension of members
(1) The President may require a member to vacate his office if the member
(a) has, subject to subsection (3), been found to have conducted himself in a manner that renders him
unsuitable as a member, including a contravention of section sixteen or subsection (2) of section twentyfour; or
(b) has failed to comply with any term or condition of his office fixed by the President in terms of
subsection (3) of section seven; or
(c) is mentally or physically incapable of efficiently carrying out his functions as a member; or
(d) has been absent without the permission of the Board from two consecutive meetings of the Board of
which he was given at least seven days’ notice, and there was no just cause for the member’s absence.
(2) The President, on the recommendation of the Minister, may suspend a member
(a) whom he suspects on reasonable grounds of having been guilty of conduct referred to in paragraph (a)
of subsection (1); or
(b) against whom criminal proceedings have been instituted for an offence in respect of which a sentence of
imprisonment without the option of a fine may be imposed;
and while that member is so suspended he shall not carry out any functions as a member.
(3) A member suspended in terms of paragraph (a) of subsection (2) shall be given notice in writing of the
grounds for the suspension and may, within fourteen days of being so notified, make written representations to the
Minister showing cause why no finding of misconduct rendering him unsuitable to be member of the Board
should be made.
(4) The President, on the recommendation of the Minister, shall require a member suspended in terms of
paragraph (a) of subsection (2) to vacate his office if
(a) no representations are made by the member in terms of subsection (3); or
(b) the President finds that, notwithstanding representations made in terms of subsection (3), the member is
guilty of the misconduct alleged.
11 Filling of vacancies on Board
On the death of, or vacation of office by, a member, the President may 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 section six, the President shall fill the vacancy within three weeks.
12 Chairman and vice-chairman of Board
(1) The President shall designate one of the members as chairman of the Board and another member as vicechairman of the Board.
(2) The vice-chairman of the Board shall perform the chairman’s functions whenever the chairman is for any
reason unable to perform them.
(3) The chairman or vice-chairman of the Board may at any time resign his office as such by one month’s
notice in writing to the Minister.
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