union dues, the Committee of Experts was bound to recall that problems of compatibility with the Convention arose when the law gave authorities powers to specify the amount of dues members should pay to their organizations and the proportion of dues that had to be paid to federations. The Committee of Experts further recalled that the freedom of employers’ and workers’ organizations to organize their administration implied that these organizations should be able to dispose of all their fixed and movable assets unhindered and it once again requested the Government to take the necessary measures to amend sections 28(2), 54(2) and (3) and 55 of the Act. The Committee of Experts also once again requested the Government to amend section 120(2) concerning the powers of an investigator appointed by the Minister to investigate a trade union or a federation of trade unions. 252. With regard to the power of the Minister to declare any service essential (section 102 of the Labour Act), the Committee of Experts noted the Government’s indication that in terms of section 102(b), the Minister could declare a service essential after consultations with a tripartite advisory council. In the Government’s opinion, this ensured that employers’ and workers’ views and aspirations were considered. The Committee of Experts pointed out, however, that essential services were only those the interruption of which would endanger the life, personal safety or health of the whole or part of the population and therefore asked the Government once again to amend section 102 of the Act so as to bring it into conformity with the Convention. 253. With regard to the issue concerning the strike vote (section 104(3)(e) of the Act), the Committee of Experts noted the Government’s indication that in practice account was taken only of the votes cast. 254. With regard to excessive sanctions provided for by the legislation in the case of the organization of unlawful collective actions (sections 107, 109 and 112 of the Act), the Committee of Experts noted the Government’s statement that the Labour Act penalized unlawful collective action just as much as any other law penalized criminal conduct. An unlawful collective action was an action not permitted in law, hence such conduct should be discouraged. The Government further indicated that the desirability of a particular penalty or its legitimacy rested with the courts of law as, in some cases, unlawful job actions resulted in injury to, or death of, innocent people. The Committee of Experts emphasized that all penalties in respect of illegitimate actions linked to strikes should be proportionate to the offence or fault committed and the authorities should not have recourse to measures of imprisonment for the mere fact of organizing or participating in a peaceful strike. Furthermore, concerning the sanctions of dismissal and dissolution, the Committee of Experts recalled that no one should be penalized for carrying out or attempting to carry out a legitimate strike and that, in any case, the sanctions imposed should not be disproportionate to the seriousness of the violations. Therefore, the Committee once again asked the Government to amend sections 109 and 112 of the Labour Act so as to bring it into conformity with Articles 3 and 10 of the Convention. 70 Meetings-2009-Zimbabwe C of I-2009-12-0035-3-En.doc/v3