No. 8
LOCAL GOVERNMENT LAWS AMENDMENT
2016
(6) A person shall not be eligible for appointment to an
independent tribunal if—
(a) he or she is not a citizen of Zimbabwe ordinarily resident in
Zimbabwe; or
(b)
he or she 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) he or she has, within the period of five years
immediately preceding the date of his or her proposed
appointment, been sentenced in any country to a term of
imprisonment of six months or more, imposed without
the option of fine, and has not received a free pardon.
(7) Members of the tribunal shall be paid such sitting and other
allowances from the funds of the local authority affected by the suspension
of the mayor, chairperson or councillor whose removal from office they are
considering, at such rate as shall be fixed by the Minister hi a statutory
instrument:
Provided that the local authority concerned is entitled (in terms of
paragraph 6 of the Fourth Schedule of the Urban Councils Act [Chapter
29:15]) to seek from the tribunal an order of reimbursement of all or part of
the costs it incurred under this subsection if the mayor, chairperson or
councillor is removed from office.
(8) The head of the Ministry shall provide such secretarial and
support services as may be required by a tribunal.
(9) A member of a tribunal may resign his or her office at any time
by giving the chairperson, or the Minister in the case of a chairperson, at
least fourteen days’ notice of his or her intention to resign, whereupon the
next available person on the appropriate list of alternates shall assume office
in his or her stead.
(10) The Minister may, after consulting the Law Society of
Zimbabwe and the Civil Service Commission, as the case may be, remove a
member from a tribunal on the grounds of—
(a)
inability to discharge the functions of his or her office,
whether arising from infirmity of mind or body or any other
cause; or
' (b)
negligent or improper conduct in connection with the
discharge of his or her duties as a member of the tribunal.
(11) On the death of, or the vacation of office by, a member of
the tribunal, the next available person outlie appropriate list of alternates
shall assume office in his or her stead.
(12) Subject to paragraph 4(5) of the Fourth Schedule to the Urban
Councils Act [Chapter 29:25], the office of a member of a tribunal shall
terminate on the day that a determination is made whether to remove a
mayor, chairperson or councillor from office.
(1.3) In the course of its hearings —
(a) the tribunal shall be bound by the rules of natural justice, and
otherwise by the rules set forth in the Fourth Schedule to the
Urban Councils Act [Chapter 29:25]; and
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