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Non-Governmental Organisations Bill, 2004
July 2004

SCHEDULE (Section 4)

PROVISIONS APPLICABLE TO NON-GOVERNMENTAL ORGANISATIONS COUNCIL MEMBERS

Paragraph
1. Disqualification for appointment to Council
2. Vacation of office by Council members
Terms and conditions of office of Council members.
3. Dismissal or suspension of members
4. Filling of vacancies on Council
5. Meetings and procedure of Council
6. Remuneration and allowances of members of the Council
7. Validity of decisions and acts of Council
8. Minutes of proceedings of Council

Disqualification for appointment to Council
1. (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, 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(ii) made an assignment to, or arrangement or composition with, his creditors which has not been rescinded or set aside; or

(c) has, within a period of five years immediately preceding the date of his or her proposed appointment, been convicted—

(i) in Zimbabwe, of an offence; or
(ii) outside Zimbabwe, in respect of conduct which, 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 Council, nor shall he or she be qualified to hold office as a member.

(3) For the purposes of subparagraph (b) or subparagraph (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.

Vacation of office by member
2. A member shall vacate his or her office and his or her office shall become vacant—

(a) three months after the date upon which he or she gives notice in writing to the Minister of his intention to resign, or on the expiry of such other period of notice as he or she and the Minister may agree; or
(b) on the date he or she begins to serve a sentence of imprisonment 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 or she becomes disqualified in terms of subparagraph (a), (b) or (c) of subparagraph (10) of paragraph 1 or in terms of subparagraph (2) of that paragraph, to hold office as a member; or
(d) if he or she is required in terms of paragraph 3 to vacate office.

Dismissal or suspension of members
3. (1) The Minister may require a member to vacate his or her office if the member—

(a) has, subject to subparagraph (3), been found to have conducted himself or herself in a manner that renders him or her unsuitable as a member: or
(b) has failed to comply with any term or condition of his or her office fixed by the Minister in terms of this Act.
(c) is mentally or physically incapable of efficiently carrying out his or her functions as a member; or
(d) has been absent without the permission of the Council from two consecutive meetings of the Council of which he or she was given at least seven days’ notice and there was no just cause for the members’ absence.

(2) The Minister may suspend a member—

(a) whom he or she 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 option of a fine may be imposed.
And while that member is so suspended he or she 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 fourteen days of being so notified, make written representations to the Minister showing cause why no finding of misconduct rendering him or her unsuitable to be member of the Council should be made.

(4) The Minister, shall require a member suspended in terms of subparagraph (a) of subparagraph (2) to vacate his or her office if—

(a) no representation are made by the member in terms of subparagraph (3); or
(b) the Minister finds that, not withstanding representations made in terms of subparagraph (3), the member is guilty of the misconduct alleged.

Filling of vacancies on Council
4. On the death of, or vacation of office by, a member, the Minister may appoint a qualified person to fill the vacancy.

Meetings and procedure of Council
5. (1) The Council shall hold its first meeting on such date and at such place as the Minister may fix, and thereafter the Council 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 the Council shall meet at least three times in each year.

(2) The chairperson of the Council—

(a) may at any time convene a special meeting of the Council; and
(b) shall convene a special meeting of the Council on a written request of—

(i) the Minister, within such period as the Minister may specify; or
(ii) not fewer than two members not later than fourteen days after his or her 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 business for which the meeting has been convened:
Provided that if, in the opinion of the chairperson or the 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 forty-eight 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 chairperson of the Council, where the chairperson of the Council has convened the meeting in terms of subparagraph (a) of subparagraph (2); or
(b) the business specified in the request for the meeting, where the chairperson of the Council has convened the meeting in terms of subparagraph (b) of subparagraph (2)

(5) The chairperson or, in his absence, the vice-chairperson shall preside at all meetings of the Council:
Provided that, if the chairperson and the vice-chairperson are both absent from a meeting of the Council, the members present may elect one of their number to preside at that meeting as chairperson.

(6) Eight members shall form a quorum at any meeting of the Council.

(7) All acts, matters or things authorised or required to be done by the Council may be decided by a majority vote at a meeting of the Council at which a quorum is present.

(8) At all meetings of the Council each member present shall have one vote on each question before the Council and, in the event of an equality of votes, the chairperson shall have a casting vote in addition to a deliberative vote.

(9) 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 Council and shall be incorporated in the minutes of the next succeeding meeting of the Council:
Provided that if a member requires that such proposal be placed before a meeting of the Council, this subparagraph shall not apply to such proposal.

(10) For the better exercise of its functions, the Council may establish 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 Council itself from exercising that function, and the Council may amend or rescind any decision of the committee in the exercise of that function.

(11) Subparagraphs (2) to (9) shall apply with necessary changes, to committees and its members as they apply to the Council and its members.

Remuneration and expenses of members
6. Members of the Council 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 Council.

Validity of decisions and acts of Council
7. No decision or act of the Council or act done under the authority of the Council shall be invalid on the ground that—

(a) The Council consisted of fewer than the minimum number of persons prescribed; or
(b) A disqualified person acted as a member of the Council at the time the decision was taken or act was done or authorised:

Provided that the Council shall ratify any 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).

Minutes of proceedings of Council
8. (1) The Council shall cause minutes of all proceedings of and decisions taken at every meeting of the Council to be entered in books kept for that purpose.

(2) Any minutes referred to in subparagraph (1), which purport to be signed by the chairperson of the meeting to which the minutes relate or by the chairperson of the next following meeting of the Council shall be accepted for all purposes as prima facie evidence of the proceedings of and decisions taken at the meeting concerned.

(3) The Council 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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