19 (d) has, within the period of five years immediately preceding the date of his or her proposed appointment, been convicted— (i) in Zimbabwe, of an offence; or (ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would constitute an offence; and sentenced to a term of imprisonment exceeding six months imposed without the option of a fine, whether or not any portion has been suspended, and has not received a free pardon. (2) A person who is— (a) a member of Parliament; or (b) a member of two or more other statutory bodies; shall not be appointed as a Commissioner, nor shall he or she be qualified to hold office as a Commissioner. (3) For the purposes of subparagraph (2)(b) a person who is appointed to a council, board or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body shall be regarded as a member of that statutory body. Vacation of office by Commissioner 3. A Commissioner shall vacate his or her office and his or her office shall become vacant— (a) three months after the date upon which he or she gives notice in writing to the President of his or her intention to resign, or on the expiry of such other period of notice as he or she and the President may agree; or (b) on the date he or she begins to serve a sentence of imprisonment imposed without the option of a fine— (i) in Zimbabwe, in respect of an offence; or (ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would constitute an offence; or (c) if he or she becomes disqualified in terms of paragraph 2(1)(a), (b) or (c), or in terms of subparagraph (2) of that paragraph, to hold office as a Commissioner; or (d) if he or she is required in terms of section 6 to vacate his or her office. Filling of vacancies on Commission 4. On the death of, or vacation of office by, a Commissioner, the President may appoint a qualified person to fill the vacancy: Provided that if as a result of the vacancy the number of Commissioners falls below the minimum number specified in paragraph 6, the President shall fill the vacancy within three weeks.

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