Law Development Commission, Zimbabwe
(b) he has made an assignment to or arrangement or composition with his creditors in terms of a law in
force in any country, and the assignment, arrangement or composition has not been rescinded or set
aside; or
(c) within the period of five years immediately preceding the date of his proposed appointment, he has been
sentenced in any country to a term of imprisonment imposed without the option of a fine, in respect of
conduct which constituted an offence or would have constituted an offence if it had been committed in
Zimbabwe, as the case may be, and has not received a free pardon.
(2) A member of Parliament shall not be appointed as a member of the Board, nor shall he be qualified to
hold office as a member.
31 Terms and conditions of office of members of Board
(1) Subject to this section, members of the Board shall hold office for such period, not exceeding three years,
as the Minister may fix on their appointment.
(2) On the expiry of the period for which a member of the Board has been appointed, he shall continue to
hold office until he has been reappointed or his successor has been appointed:
Provided that a member shall not continue to hold office in terms of this subsection for more than six months.
(3) Members of the Board shall hold office on such conditions as the Minister may fix:
Provided that—
(i) in fixing the remuneration and allowances payable to members, the Minister shall obtain the approval of
the Minister responsible for finance;
(ii) members who are in the full-time employment of the State, a statutory body or a local authority shall not
be entitled to remuneration or allowances in respect of their service on the Board.
32 Vacation of office by members and filling of vacancies
(1) A member of the Board shall vacate his office and his office shall become vacant—
(a) after giving the Minister such period of notice of intention to resign as may be fixed in his conditions of
service or, if no such period has been fixed, after the expiry of one month from the date he gives such
notice, or after the expiry of such other period as he and the Minister may agree; or
(b) on the date he begins to serve a sentence of imprisonment the term of which is not less ,than six months,
whether or not any portion has been suspended, imposed without the option of a fine in any country; or
(c) if he becomes disqualified in terms of section thirty to hold office as a member; or
(d) if he is required in terms of subsection (2) or (3) to vacate his office.
(2) The Minister, after consulting the Board, may require any member of the Board to vacate his office if the
member—
(a) has been guilty of conduct which renders him unsuitable to continue to hold office as a member; or
(b) has failed to comply with any conditions of his office fixed in terms of section thirty-one; or
(c) is mentally or physically incapable of efficiently exercising his functions as a member.
(3) The Minister, on the recommendation of the Board, may require any member of the Board to vacate his
office if the Minister is satisfied that the member has been absent without the permission of the chairman of the
Board from three consecutive meetings of the Board, of which he has been given not less than seven days’ notice,
and that there was no just cause for the member’s absence.
(4) On the death of, or the vacation of office by, a member of the Board, the Minister may, subject to section
thirty, appoint a person to fill the vacancy:
Provided that, if as a result of the vacancy the membership of the Board has fallen below five members, the
Minister shall appoint a member to fill the vacancy.
33 Meetings and procedure of Board
(1) Subject to this section and to any directions given to it by the Minister, the Board shall meet for the dispatch of its business and adjourn, close and otherwise regulate its meetings and procedures as it thinks fit.
(2) The chairman of the Board shall preside at all meetings of the Board:
Provided that, if the chairman is absent from any meeting, the members present may elect one of their number
to preside at that meeting as chairman.
(3) A majority of members of the Board shall form a quorum at any meeting of the Board.
(4) All acts, matters or things authorized or required to be done by the Board may be decided by a majority
vote at a meeting of the Board at which a quorum is present.
(5) At all meetings of the Board each member present shall have one vote on each question before the Board:
Provided that, in the event of an equality of votes, the chairman or person presiding shall have a casting vote
in addition to a deliberative vote.
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