(4 ) If, after the expiration of the said period or shorter time, any unqualified person acts as a director of the company he shall be guilty of an offence and liable to a fine not exceeding level seven or imprisonment for a period not exceeding one year or to both such fine and such imprisonment. [Section as amended by Act No. 22 of 2001] 173 Disqualification for appointment as director (1 ) Any of the following persons shall be disqualified from being appointed a director of a company— (a ) a body corporate; (b ) a minor or any other person under legal disability: [Paragraph as amended by section 32 of Act No. 14 of 2004] (c) except with the leave of the court, any person who has at any time been adjudged or otherwise declared insolvent or bankrupt under a law in force in Zimbabwe or any other country, and has not been rehabilitated or discharged; [Paragraph as substituted by section 32 of Act No. 14 of 2004] (d ) save with the leave of the court, any person who has at any time been convicted, whether in Zimbabwe or elsewhere, of theft, fraud, forgery or uttering a forged document or perjury and has been sentenced therefor to serve a term of imprisonment without the option of a fine or to a fine exceeding level five; (e) any person who is the subject of any order under this Act disqualifying him as a director; (f) save with the leave of the court, any person removed by a competent court from an office of trust on account of misconduct. (2 ) A director of any company shall cease to hold office as such if — (a ) he has at any time been or is adjudged or otherwise declared insolvent or bankrupt under a law in force in Zimbabwe or any other country, whether before or after the date of commencement of the General Laws Amendment (No. 2) Act, 2002; or (b ) he is convicted, whether in Zimbabwe or elsewhere, of theft, fraud, forgery or uttering a forged doc ument or perjury and has been sentenced therefor to serve a term of imprisonment without the option of a fine o r to a fine exceeding level five; or (c) he is removed by the court from any office of trust on account of misconduct. [Subsection as amended by Act No. 14 of 2002] (3 ) If any person who is disqualified under this section from being or continuing to be a director of any company directly or indirectly takes part in or is concerned in the management of any company he shall be guilty of an offence and liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (4 ) Nothing in this section shall be deemed to prevent a company from applying under its regulations any further disqualification for the appointment of, or the retention of office by, a director. [Section as amended by Act No. 22 of 2001] 173A Qualifications for appointment as secretary of public company (1 ) The directors of every public company shall take reasonable steps to ensure that the company’s secretary is a person who is qualified in terms of subsection (2) and has the requisite knowledge and experience to discharge the functions of secretary of the company. (2 ) Subject to section one hundred and seventy-three B, a person shall be qualified to hold office as secretary of a public company if— (a ) immediately before the date of commencement of the General Laws Amendment (No. 2) Act, 2002, he held office as secretary or deputy or assistant secretary of the company; or (b ) for at least three of the five years immediately before his appointment as secretary, he held office as secretary of a public company; or (c) he is registered or entitled to be registered as a chartered accountant under the Chartered Accountants Act [Chapter 27:02]; or (d ) he is registered or entitled to be registered as a chartered secretary under the Chartered Secretaries (Private) Act [Chapter 27:03]; or (e) he is registered or entitled to be registered as a legal practitioner under the Legal Practitioners Act [Chapter 27:07]; or (f) he is registered or entitled to be registered as a public accountant or public auditor under the Public Accountants and Auditors Act [Chapter 27:12]; or (g ) he holds such other qualification as may be prescribed in regulations. [Section inserted by section 32 of Act No. 14 of 2002] 173B Disqualification for appointment as secretary of any company (1 ) The following persons shall be disqualified from being appointed as secretary of a company— (a ) a minor or any other person under legal disability;