and sentenced to a term of imprisonment exceeding six months
imposed without the option of a fine, whether or not a ny portion has been suspended,
and has not received a free pardon.
(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 Authority, nor shall he be qualified to hold
office as a member.
(3) For the purposes of subparagraph (b ) of subparagraph (2) a person who is
appointed to a council, board or other auth ority which is a stat utory body or which is
responsible for the ad ministration of the affairs of a statutory body shall be regarded
as a member of that statutory body.
Vacation of office by member
3. 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 subpa ragraph (a), (b) or (c) o f
subparagraph (1) of paragraph 2, or in term s of subparagraph (2) of that paragraph, to
hold office as a member; or
(d)
if he is required in terms of paragraph 4 to vacate his office.
Dismissal of Board
4. (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 inte rest to do so, the Minister may, by written notice to
the chairman copied to the chief executive of the Authority, dismiss a ll the members
of the Board, and their offices shall become vacant as soon as the chairman receives
the notice, and the M inister shall table a report on the matter in the House within the
next 14 days on which Parliament sits after the dismissal.
(2) Before dismissing all the me mbers in terms of subparagraph (1), the Ministe r
shall consult the President and act in acco rdance with any directions the President
may give him.
[Paragraph 4 substituted by Act 6/2003 with effect from the 19th September, 2003.]
Filling of vacancies on Board
5. On the death of, or vacation of offi ce by, a member, the Mini ster may appoint a
qualified person to fill the vacancy:
Provided that if as a result of the vaca ncy the number of members falls below the
minimum number specified in s ection four, the Minister shall fill the vacancy within
three weeks.
Chairman and vice-chairman of Board
6. (1) The Minister shall designate one of the members as chairman of the Board
and another member as vice-chairman 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