No. 8 LOCAL GOVERNMENT LAWS AMENDMENT 2016 (a) dishonesty in connection with the funds or other property of the council; or (b) gross negligence resulting in the loss of any funds or property of the council; or (c) gross mismanagement of the funds, property or affairs of the council; whether or not the mayor’s, chairperson’s or councillor’s responsibility for such dishonesty, negligence or misconduct is shared with other councillors or with any employees of the council. (4) Not earlier than fourteen days after the Minister has suspended a mayor, chairperson or councillor in terms of subsection (2), and in any event within forty-five days, the Minister shall, if no response is made to a notice in terms of subsection (2)(e), or if that response is not satisfactory to the Minister, cause a thorough investigation where necessary to be conducted with all reasonable dispatch to determine whether sufficient evidence exists for the issue of the removal of the mayor, chairperson or councillor on any of the grounds specified in subsection (1) to be referred to an independent tribunal. (5) This section applies, with such changes as may be necessary, to any allegation of inability on the part a mayor, chairperson or councillor unable to perform the functions of his or her office due to mental or physical incapacity. 114A Independent tribunals: appointment and procedure (1) An independent tribunal referred to in section 278(2) of the Constitution shall be constituted whenever the issue of the removal of a mayor, chairperson or councillor on any of the grounds specified in section 114(1) needs to be referred to it. (2) An independent tribunal shall consist of— (a) a chairperson appointed by the Minister from a list of at least three and not more than nine registered legal practitioners with at least five years’ experience in private or public practice, who shall be nominated by the Law Society of Zimbabwe referred to in sections 1 of the Legal Practitioners Act [Chapter 27:07\ (if the original list consists of fewer than nine nominees, the Minister may request an additional nominee or list of nominees so that the total number of nominees including those in the original list does not exceed nine); and (b) two other members appointed by the Minister from a list of at least three and not more than nine persons nominated by the Civil Service Commission, who shall be persons experienced in local government administration, whether as former councillors or as administrators (if the original list consists of fewer than nine nominees, the Minister may request an additional nominee or list of nominees so that the total number of nominees including those in the original list does not exceed nine). (3) If the case to be determined by the tribunal involves financial impropriety, one of the members of the tribunal must be a person registered 214