ss 26–28 PRIVATE VOLUNTARY ORGANIZATIONS ACT exercise all the functions of the executive committee of the organization: Provided that a trustee shall not, without the approval of the Minister, exercise any power conferred on the executive committee by the organization to acquire or dispose of any property of the organization. (3) The office of a trustee shall terminate— (a) as soon as the vacant offices on the executive committee have been filled; or (b) on the expiry of a period of sixty days; makes a statement or submits information that is false or misleading in a material particular, not having reasonable grounds for believing the statement or information to be true, shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 23A Evidence and presumption14 (1) A certificate purporting to be signed by or on behalf of the Registrar and stating whether or not a private voluntary organisation is registered under this Act shall be admissible as evidence in any court on its production by any person, and shall be prima facie proof of the matters stated therein. (2) If in a prosecution for an offence under subsection (2) of section twenty-three— (a) it is alleged that the organisation which the accused person represented himself or was represented to be associated was not in existence at the time the offence is alleged to have been committed; and (b) a certificate is produced to the court by any person which purports to have been signed by the Registrar and states that at the time of the alleged offence no such private voluntary organisation was registered under this Act or had applied for registration; it shall be presumed unless the contrary is proved that the organisation was not in existence at that time. whichever occurs sooner: Provided that, if the period of sixty days expires before the vacant offices have been filled, a trustee shall hold office for a further thirty days. (4) Before the termination of office of a trustee appointed in terms of subsection (1), the trustee shall cause an election of new members of the executive committee of the organization concerned to be held on such date as he may fix. (5) On appointing as a trustee in terms of this section a person who is not in the full-time employment of the State, the Minister may authorize the payment from the funds of the organization, for so long as he holds office as such, of a monthly salary at such rate as the Minister may determine. 23 General offences and penalties 13 (1) Any person who— (a) collects or attempts to collect or instructs another person to collect or attempt to collect any contribution in furtherance of any of the objects mentioned in paragraphs (a) to (g) of the definition of “private voluntary organisation” in section two, except where the collection is— (i) on behalf of and with the authority of a registered private voluntary organisation; or (ii) on behalf of any body, association, institution, service or trust excluded from that definition by subparagraphs (i) to (x) thereof; or (iii) authorised under section eight; or (b) collects or attempts to collect or instructs another person to collect or attempt to collect any contribution for or on behalf of an unregistered private voluntary organisation; shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. (2) Any person who falsely represents or causes or permits any other person falsely to represent to any member of the public that he is associated with a private voluntary organisation shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment. (3) Any person who, in or in connection with— (a) any application for the registration of a private voluntary organisation or the exemption of such an organisation under section seven; or (b) any application for the registration of the alteration of the name of a registered private voluntary organisation; 24 Persons prohibited from being office-bearers or officers (1) Any person shall be guilty of an offence who becomes, continues to be or acts in the capacity of an officebearer or officer of a private voluntary organization within five years after having been convicted under any enactment or the common law of Zimbabwe or any law of any country of any offence involving dishonesty. (1a) Any person who is guilty of an offence in terms of subsection (1) shall be liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment. 15 (2) For the purposes of subsection (1)— “office-bearer”, in relation to a private voluntary organization, means a member of the governing body of— (a) that organization; or (b) any branch, section or committee of that organization; or (c) any local, regional or subsidiary body forming part of that organization; “officer”, in relation to a private voluntary organization, means any person working for that organization or any branch, section or committee thereof or for any local, regional or subsidiary body forming part of that organization, whether or not he receives any remuneration or reward for such work. 25 Penalties [Section repealed by s. 4 of Act 22/2001.] 26 Contributions unlawfully collected (1) The Minister may, by order in writing under his hand— (a) direct any person holding or having the control of any money, securities or other property, representing any contributions collected contrary to the provisions of 14 13 15 Section substituted by s. 4 of Act 22/2001. 91 Section inserted by s. 4 of Act 22/2001. Subsection inserted by s. 4 of Act 22/2001. [Chapter 17:05]