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Broadcasting
Services Act, 2001
April 04, 2001
Contents
THIRD
SCHEDULE - (Section 4(4))
Provisions
Applicable to Broadcasting Authority of Zimbabwe Board
1. Terms
of office and conditions of service of members
2. Disqualifications
for appointment as member
3. Vacation
of office by member
4. Dismissal
or suspension of members
5. Filling
of vacancies on Board
6. Chairman
and Vice-Chairman of Board
7. Meetings
and procedure of Board
8. Committees
of Board
9. Remuneration
and expenses of members
10. Members
to disclose certain connections and interests
11. Validity
of decisions and acts of Board
12. Minutes
of proceedings of Board
1 Terms
of office and conditions of service of members TOP
(1) Subject to
this Schedule, a member shall hold office for such period, not exceeding
three years, as the Minister may fix on his appointment.
(2) A member shall
continue in office after the expiry of his term until he has been re-appointed
or his successor has been appointed:
Provided that a
member shall not hold office in terms of this subparagraph for longer
than six months.
(3) Subject to
paragraph 10, a member shall hold office on such terms and conditions
as the Minister may fix in relation to members generally.
(4) A retiring
member is eligible for re-appointment as a member.
(5) The terms and
conditions of office of a member shall not, without the member’s consent,
be altered to his detriment during his tenure of office.
2 Disqualifications
for appointment as member TOP
(1) The Minister
shall not appoint a person as a member and no person shall be qualified
to hold office as a member who—
(a) is not a
citizen of Zimbabwe; or
(b) has a financial
interest in any business connected with broadcasting services or systems,
or is engaged in any activity connected with any such service or system,
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 Minister is
satisfied that the interest or activity will not interfere with the
person’s impartial discharge of his 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 creditors which
has not been rescinded or set aside; or
(d) has, within
the period of five years immediately preceding the date of his 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.
(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 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.
3 Vacation
of office by member TOP
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 subparagraph (a), (b) or (c) of subparagraph (1)
of paragraph 2, or in terms 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.
4 Dismissal
or suspension of members TOP
(1) The Minister
may require a member to vacate his office if the member—
(a) has, subject
to subparagraph (3), been found to have conducted himself in a
manner that renders him unsuitable as a member, including a contravention
of paragraph 10; or
(b) has failed
to comply with any term or condition of his office fixed by the Minister
in terms of subparagraph (3) of paragraph 1; 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 Authority of which he was given at least seven days’ notice,
and there was no just cause for the member’s absence.
(2) The Minister
may suspend a member—
(a) whom he suspects
on reasonable grounds of having been guilty of conduct referred to in
subparagraph (a) of subparagraph (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 tine 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 subparagraph (a) of subparagraph (2) shall be given
notice in writing of the grounds for the suspension and may, within 14
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 Minister
shall require a member suspended in terms of subparagraph (a) of
subparagraph (2) to vacate his office if—
(a) no representations
are made by the member in terms of subparagraph (3); or
(b) the Minister
finds that, notwithstanding representations made in terms of subparagraph (3),
the member is guilty of the misconduct alleged.
5 Filling
of vacancies on Board TOP
On the death of, or
Vacation of office by, a member, the Minister 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 4, the Minister shall fill the vacancy
within three weeks.
6 Chairman
and Vice-Chairman of Board TOP
(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 such
by one month’s notice in writing to the Minister.
(4) Whenever the
office of chairman or vice-chairman of the Board falls vacant, the Minister
shall fill the vacancy within three weeks.
7 Meetings
and procedure of Board TOP
(1) The Board 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 date of commencement
of this Act, and thereafter the Board 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:
Provided that the
Board shall meet not less than six times in each year.
(2) The chairman
of the Board—
(a) may at any
time convene a special meeting of the Board; and
(b) shall convene
a special meeting of the Board on the written request of
(i) the Minister,
within such period as the Minister may specify; or
(ii) not fewer
than two members, not later than 14 days after his receipt of such
request.
(3) Written notice
of any special meeting convened in, terms of subparagraph (2) shall
be sent 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 chairman or Minister, as the case may be, the urgency
of the business for which the meeting is to be convened so requires, notice
of not less than 48 hours may be given.
(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 chairman of the Board, where the chairman
of the Board has convened the meeting in terms of paragraph (a) of
subparagraph (2); or
(b) the business
specified in the request for the meeting, where the chairman of the
Board has convened the meeting in terms of paragraph (b) of subparagraph (2).
(5) The chairman
or, in his absence, the vice-chairman shall preside at all meetings of
the Board:
Provided that, if
the chairman and the vice-chairman are both absent from a meeting of the
Board, the members present may elect one of their number to preside at
that meeting as chairman.
(6) Five members
shall form a quorum at any meeting of the Board.
(7) All acts, matters
or things authorised or required to be done by the Board may be decided
by a majority vote at a meeting of the Board at which a quorum is present.
(8) With the approval
of the other members, the chairman may invite any person to attend a meeting
of the Board or of a committee, where the chairman 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 a committee in terms of subparagraph (8)
may take part in the proceedings of the Board or the committee as if he
were a member thereof, but shall not have a vote on any question before
the Board or committee, as the case may be.
(10) Subject to
paragraph 10, at all meetings of the Board each member present shall
have one vote on each question before the Board and, in the event of an
equality of votes, the chairman shall have a casting vote in addition
to a deliberative vote.
(11) 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 Board and shall be incorporated in the minutes
of the next succeeding meeting of the Board:
Provided that, if
a member requires that such proposal be placed before a meeting of the
Board, this subparagraph shall not apply to such proposal.
8 Committees
of Board TOP
(1) For the better
exercise of its functions, the Board may establish One or more committees
in which it may vest such of its functions as it thinks fit:
Provided that the
vesting of a function in a committee shall not prevent the Board from
itself exercising that function, and the Board concerned may amend or
rescind any decision of the committee in the exercise of that function.
(2) On the establishment
of a committee, the Board may appoint to the committee persons who are
not members of the Board.
(3) The chairman
of the Board or 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 Board.
(5) Subject to
this paragraph, subparagraphs (2) to (7) and (10) and (11) of paragraph 7
shall apply, mutatis mutandis, to committees and their members
as they apply to the Board and its members.
9 Remuneration
and expenses of members TOP
Members of the Board
shall be paid
(a) such remuneration,
if any, as the Minister, may from time to time fix for members generally;
and
(b) such allowances,
if any, as the Minister, may from time to time fix to meet any reasonable
expenses incurred by members in connection with the business of the
Board.
10 Members
to disclose certain connections and interests TOP
(1) In this paragraph—
"relative",
in relation to a member, means the member’s spouse, child, parent, brother
or sister.
(2) Subject to
subparagraph (4)—
(a) if a member
of the Board—
(i) knowingly
acquires or holds a direct or indirect pecuniary interest in any matter
that is under consideration by the Board; 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 functions as a member; or
(iii) knows
or has reason to believe that a relative of his—
A. has acquired
or holds a direct or indirect pecuniary interest in any matter that
is under consideration by the Board; 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
functions as a member;
the member shall forthwith
disclose the fact to the Board.
(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 which relates
to any contract, right, immovable property or interest referred to in
that subparagraph.
(4) Any person
who contravenes subparagraph (2) or (3) shall be liable to dismissal.
11 Validity
of decisions and acts of Board TOP
No decision or act
of the Board or act done under the authority of the Board shall be invalid
on the ground that—
(a) the Board
consisted of fewer than the minimum number of persons prescribed in
subsection (2) of section 4; or
(b) a disqualified
person acted as a member of the Board at the time the decision was taken
or act was done or authorised:
Provided that the
Board 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 Board TOP
(1) The Board shall
cause minutes of all proceedings of and decisions taken at every meeting
of the Board to be entered in books kept for the purpose.
(2) Any minutes
referred to in subparagraph (1) which purport to be signed by the
chairman of the meeting to which the minutes relate or by the chairman
of the next following meeting of the Board 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.
(3) The Board shall
cause copies of all minutes that have been signed as provided in subparagraph (2)
to be sent without delay to the Minister for his information.
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