or not, in his opinion, the person so appointed is able to represent the views of the body whose nominations were called for.
(4) On the death of, or the vacation of office by, a member of the Board the Minister may appoint a person to
fill the vacancy in accordance with the provisions of subsection (1):
Provided that a person appointed in terms of this subsection may be appointed to hold office for such period,
being less than three years, as the Minister may determine.
(5) The function of the Board shall be to advise the Minister on all matters relating to public health in Zimbabwe.
(6) The Board or any committee thereof shall have the power to conduct an inquiry into any matter relating to
public health referred to the Board by the Minister and, for that purpose, the powers, rights and privileges of the
Board or its committees shall be the same as those conferred upon commissioners by the Commissions of Inquiry
Act [Chapter 10:07], other than the power to order a person to be detained in custody, and sections 9 to 13 and 15
to 19 of that Act shall apply, mutatis mutandis, in relation to the conducting of such an inquiry and to any person
summoned to give evidence, or giving evidence, before the Board or any of its committees and, in addition, the
members of the Board and its committees shall be deemed to be persons authorized by the Minister in terms of
subsection (1) of section one hundred and three.
(7) It shall be the duty of the Board, either by itself or by a committee thereof, to make a full, faithful and impartial inquiry into any matter referred to it in terms of subsection (6) and the Board shall make recommendations
to the Minister in accordance with the findings of the inquiry.
(8) The Minister may make such regulations as he may deem expedient to give force and effect to the provisions of this section and such regulations may provide for all or any of the following matters—
(a) the procedure of the Board, the convening of its meetings and the quorum thereof;
(b) the establishment of committees of the Board, their procedure and functions and the manner in which
persons with special knowledge or skill may be co-opted to serve on such committees;
(c) the allowances payable to members of the Board and of its committees;
(d) the circumstances in which a member of the Board shall vacate his office.
(9) The Minister may appoint a person, who may be an officer in the Public Service, to be legal adviser to the
Board.
(10) For the purposes of this section—
“Board” means the Advisory Board of Public Health established in terms of subsection (1).
4A Establishment of District Health Management Committees
(1) Every local authority shall, when required by the Minister, after consultation with the appropriate Minister, establish a District Health Management Committee to manage and co-ordinate the provision of health services
within a rural district council area.
(2) The Minister may, after consultation with the local authority or authorities concerned, make such regulations as he may deem expedient to give force and effect to this section, and such regulations may provide for all or
any of the following matters—
(a) the membership of a District Health Management Committee, including the number of members to be
appointed and the method of appointment of members by the local authority concerned;
(b) the power of a District Health Management Committee to co-opt persons with special knowledge or skill
to serve on the committee;
(c) the method of financing the operations of a District Health Management Committee;
(d) the powers of a District Health Management Committee.
[Section inserted by section 23 of Act 14 of 2002]
5
Appointment of Chief Health Officer and others
(1) The Secretary shall ex officio be the Chief Health Officer.
(2) There shall be such Government medical officers, assistant health officers, pathologists, medical inspectors, health inspectors and other officers as may be necessary for the purposes of this Act whose offices shall be
public offices and form part of the Health Service.
[Subsection amended by section 31 of Act 28 of 2004]
(3) Notwithstanding anything to the contrary contained in any law relating to the Health Service, no person
shall be appointed as—
(a) Secretary unless he—
(i) is fully qualified for registration as a medical practitioner in terms of the Health Professions Act
[Chapter 27:19]; and
[Paragraph amended by section 151 of Act 6 of 2000]
(ii) possesses a degree, diploma or certificate in public health or state medicine which has been
given after examination and is registrable in Zimbabwe and in the country where it was obtained;