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Broadcasting Services Act, 2001
Incorporates Act 3/2001, 22/2001 (s. 4)1 , 26/2001 (s. 10)2 ; 6/20033
September 19, 2003

Contents

FOURTH SCHEDULE - (Section 5)

1. Funds of Authority
2. Financial year of Authority
3. Surplus funds of Authority to be appropriated to Broadcasting Fund
4. Accounts of Authority
5. Audit of Authority’s accounts
6. Powers of auditors
7. Execution of contracts and instruments by Authority
8. Reports of Authority
9. Chief Executive and other employees of Authority

Part I

Financial Provisions

1   Funds of Authority   TOP

The funds of the Authority shall consist of—

(a) fees, charges and other income accruing to the Authority from licences issued and other things done by it in terms of this Act; and

(b) the proceeds of any monetary penalties imposed by the Authority in terms of subsection (9) of section 24; and

(c) such moneys as may be payable to the Authority from moneys appropriated for the purpose by Act of Parliament; and

(d) such other moneys as may vest in or accrue to the Authority, whether in the course of its operations or otherwise.

 

2   Financial year of Authority   TOP

The financial year of the Authority shall be the period of 12 months ending on the 31st December in each year.

 

3   Surplus funds of Authority to be appropriated to Broadcasting Fund   TOP

Any surplus of income over expenditure at the end of the Authority’s financial year, less an amount to be retained by the Authority to cover its estimated recurrent expenses for the following six months, shall be appropriated to the Broadcasting Fund established by section 29.

 

4   Accounts of Authority   TOP

(1) The Board shall ensure that proper accounts and other records relating to such accounts are kept in respect of all the Authority’s activities, funds and property, including such particular accounts and records as the Minister may direct.

(2) Not later than three months after the end of each financial year of the Authority, the Authority shall prepare and submit to the Minister a statement of accounts in respect of that financial year or such other period as the Minister may direct.

 

5   Audit of Authority’s accounts   TOP

(1) Subject to the Audit and Exchequer Act [Chapter 22:03], the Authority shall appoint as auditors one or more persons approved by the Minister who are registered as public auditors in terms of the Public Accountants and Auditors Act

(2) The accounts kept by the Authority in terms of subparagraph (1) of paragraph 4 shall be examined by the auditors appointed in terms of subparagraph (1).

(3) The auditors appointed in terms of subparagraph (1) shall make a report to the Board and the Minister on the statement of accounts prepared in terms of subparagraph (2) of paragraph 4 and such report shall state whether or not in their opinion the statement of accounts gives a true and fair view of the Authority’s affairs.

(4) In addition to the report referred to in subparagraph (3), the Minister may require the Board to obtain from its auditors appointed in terms of subparagraph (1) such other reports, statements or explanations in connection with the Authority’s operations, funds and property as the Minister may consider expedient, and the Board shall forthwith comply with any such requirement.

 

6   Powers of auditors   TOP

(1) An auditor referred to in paragraph 5 shall be entitled at all reasonable times to require to be produced to him all accounts and other records relating to such accounts which are kept by the Authority or its agents and to require from any member of the Board or employee or agent of the Authority such information and explanations as in the auditor’s opinion are necessary for the purposes of his audit.

(2) Any member of the Board or employee or agent of the Authority who fails without just cause to comply with a requirement of an auditor in terms of subparagraph (1) shall be guilty of an offence and liable to a fine not exceeding level four4 or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.

 

Part II

Miscellaneous Provisions Relating to Authority

 

7   Execution of contracts and instruments by Authority   TOP

Any agreement, contract or instrument approved by the Board may be entered into or executed on behalf of the Authority by any persons generally or specially authorised by the Board for that purpose.

 

8   Reports of Authority   TOP

(1) In addition to any report which the Authority is required to submit to the Minister in terms of this Act or the Audit and Exchequer Act , the Authority—

(a) shall submit to the Minister such other reports as the Minister may require; and

(b) may submit to the Minister such other reports as the Authority considers advisable;

in regard to the operations and property of the Authority.

(2) The Minister shall, within six months of the end of the Authority’s financial year, lay before Parliament a report submitted to him by the Authority in terms of subparagraph (1), together with the statement of accounts and auditor’s report for the preceding financial year of the Authority referred to in paragraphs 4 and 5.

 

9   Chief Executive and other employees of Authority   TOP

(1) For the better exercise of the functions of the Authority the Board may, in consultation with the Minister, appoint a person to be the Chief Executive of the Authority, on such terms and conditions as the Board, with the approval of the Minister, may fix.

(2) The Board shall terminate the appointment of the Chief Executive if he would be required in terms of paragraph (b) or (c) of paragraph 3 of the Third Schedule to vacate his office had that paragraph and subparagraphs (a), (b) and (c) of subparagraph (1) of paragraph 2 of the Third Schedule, and subparagraph (2) of that paragraph, applied to him.

(3) The Board shall not terminate the services of the Chief Executive on a ground other than one referred to in subparagraph (2) without the approval of the Minister.

(4) The Board shall employ such persons in addition to the Chief Executive as it considers expedient for the better exercise of the functions of the Authority.

(5) Subject to the general control of the Board, the Chief Executive shall be responsible for—

(a) managing the operations and property of the Authority; and

(b) supervising and controlling the activities of the employees of the Authority in the course of their employment.

(6) The Board may assign to the Chief Executive such of the functions of the Board as the Board thinks fit:

Provided that the Board shall not assign to the Chief Executive any duty that has been assigned to the chairman of the Board.

(7) Any assignment of functions in terms of subparagraph (6) may be made either generally or specially and subject to such reservations, restrictions and exceptions as the Board may determine, and may be revoked by the Board at any time.

(8) The Chief Executive shall have the right to attend meetings of the Board and, except in the case of any discussion relating to the terms and conditions of his appointment, to take part in the proceedings of the Board as if he were a member, but shall not have a vote on any question before the Board.


1 Criminal Penalties Amendment Act, 2001 (commencement: 20th May, 2002).
2 Zimbabwe Broadcasting Corporation (Commercialisation) Act, 2001 (commencement: 2nd February, 2002)
3 Broadcasting Services Amendment Act, 2003 (commencement: 19th September. 2003).
4 Level 4 substituted for $2 500 by s. 4 of Act 22/2001.

 

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