NATIONAL ARTS COUNCIL OF ZIMBABWE ACT as amended 2006 AN ACT to provide for the establishment of the National Arts Council of Zimbabwe to foster, develop and improve the knowledge, understanding and practice of the arts in Zimbabwe; to provide for the structure and functions of the National Arts Council; to provide for a Board to manage and control the affairs of the National Arts Council; to provide for the registration and regulation of arts organisations; and to provide for matters incidental to or connec ted with the foregoing. [Date of commencement: 4th December, 1987.] PART I PRELIMINARY 1 Short title This Act may be cited as the National Arts Council of Zimbabwe Act [Chapter 25:07]. 2 Interpretation In this Act— “arts organisation” means any group of persons associated together for the purpose of promoting the arts; “Board” means the National Arts Board referred to in section four; “District Arts Council” means a District Arts Council referred to subsection (1) of section seventeen; “fixed date” means the date fixed in terms of subsection (2) of section one as the date of commencement of this Act; “member” means a member of the Board and includes the chairman and vice-chairman of the Board referred to in section nine; “Minister” means the Minister of Sports, Recreation and Culture or any other Minister to whom the President may, from time to time, assign the administration of this Act; “national arts association” means an arts organisation registered in terms of subsection 13) of section twenty-three; “National Arts Council” means the National Arts Council of Zimbabwe established in terms of section three; “province” means a province declared or deemed to have been declared in terms of the Provincial Councils and Administration Act [Chapter 29:11]; “Provincial Arts Council” means a Provincial Arts Council referred to in subsection (1) of section nineteen; “register” means the register of all registered arts organisations kept by the Board; “registered arts organisation” means an arts organisation registered in terms of this Act; “the arts” includes— (a) music, dance, drama, folk art, creative writing, literature, painting, photography, filming, sculpture. crafts, graphic or plastic arts and any other art form or culture form approved by the Board; and (b) the presentation, performance, execution and exhibition of any arts, art form or culture form referred to in paragraph (a). PART II NATIONAL ARTS COUNCIL OF ZIMBABWE 3 Establishment of National Arts Council of Zimbabwe There is hereby established a council, to be known as the National Arts Council of Zimbabwe, which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all such acts as bodies corporate may by law perform. 4 Establishment of National Arts Board The affairs of the National Arts Council shall, subject to this Act, be controlled by the National Arts Board constituted in terms of section five. 5 Constitution of Board (1) The Board shall consist of— (a) ten members appointed by the Minister of whom— (i) one shall be nominated by the Minister responsible for education; (ii) one shall be appointed for his ability and experience in business or administration; (iii) two shall be appointed to represent such community interests in Zimbabwe as the Minister may determine; (iv) two shall be appointed to represent the interests of the commercial sector of the economy of Zimbabwe; (v) one shall be nominated by the Association of Urban Councils of Zimbabwe; (vi) two shall be appointed to represent the Association of Rural District Councils of Zimbabwe; (vii) one shall be appointed to represent the interests of culture in Zimbabwe; and (b) members elected by Provincial Arts Councils in terms of paragraph (a) of subsection (1) of section twenty. (2) If the office of a member referred to in subparagraph (v) of paragraph (a) of subsection (1), or paragraph (b) of subsection (1) is not filled in accordance with this Act within two months of the fixed date or within two months of any vacancy occurring, the Minister may appoint a person to the office concerned and such person shall be deemed to have been appointed or elected, as the case may be, to the office in accordance with this Act. 6 Terms of office of members of Board (1) A member appointed in terms of paragraph (a) of subsection (1) of section five shall hold office for such period, not exceeding three years, as the Minister may specify at the time of his appointment. (2) An elected member referred to in paragraph (b) of subsection (1) of section five shall hold office for a period of three years. (3) A member going out of office in accordance with this section shall be eligible for reappointment or re-election, as the case may be, to the Board. 7 Disqualifications for appointment or election as member No person shall be appointed or elected as a member and no person shall be qualified to hold office as a member who— (a) 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