(i) been adjudged or otherwise declared insolvent
or bankrupt and has not been rehabilitated or
discharged; or
(ii) made an assignment to, or arrangement with, his
creditors which has not been rescinded or set
aside;
or
(b) has, within the period of five years immediately
preceding the date of his proposed appointment, been
convicted—
(i) within Zimbabwe of a criminal offence; or
(ii) outside Zimbabwe of an offence by whatever
name called which, if committed within Zimbabwe, would have been a criminal offence;
and sentenced by a court to imprisonment for a period
of six months or more without the option of a fine,
whether or not such sentence has been suspended, and
has not received a free pardon; or
(c) has, or is married to a person who has, an interest in
the outcome of the inquiry of the board which interest,
in the opinion of the Minister, is likely to interfere
with the impartial discharge by such member of the
duties of his office; or
(d) is a member or employee of the authority concerned.
(3) Any member of a board who would, but for the fact
that he has already been appointed a member of the board
concerned, have become disqualified in terms of subsection
(2), shall vacate his office and his office shall become vacant.
(4) Members of a board and their assistants and advisers
shall be paid from the funds of the authority concerned such
fees and expenses as the Minister may fix.
69 Procedure of board
(1) The quorum of a board shall be the three members
thereof.
(2) At any meeting of a board, all the members shall vote
on any matter to be decided by the board and all decisions
shall be reached by the vote of the majority of the members:
Provided that—
(a) any matter of law arising for decision at a meeting of
the board; and
(b) any question arising at a meeting of the board as to
whether a matter for decision is a matter of fact or a
matter of law;
shall be decided by the chairman of the board and no other
member of the board shall have a voice in the decision on
any such matter.
(3) At any meeting of a board—
(a) any person referred to in paragraph (c) of subsection
(1) of section seventy-six may—
(i) appear personally; or
(ii) be represented by any—
A. person nominated by him in writing for
the purpose; or
B. a legal practitioner;
(b) an authority may be represented by any—
(i) member or employee of the authority:
Provided that no employee of the authority
who has been appointed to assist the board may
represent the authority; or
(ii) a legal practitioner.
(4) It shall be lawful for a board—
(a) to hear and receive evidence upon oath, which oath
the board is hereby empowered to administer; and
(b)
by summons under the hand of the chairman of the
board, to require such persons as the board may think
fit—
(i) to appear personally before the board at a time
and place to be stated in such summons; and
(ii) to produce such books and papers as may be
necessary for the inquiry of the board.
(5) The procedure to be followed by a board in the conduct of its meetings and of its inquiry generally shall be
determined by the board.
70 Statement given to board not admissible in
evidence
A statement given by any person to a board under any
provisions of this Part shall not be admissible in evidence in
any court of law, except with the consent of all persons
affected thereby or for the purpose of prosecution under
subsection (1), (2), (3) or (4) of section seventy-three.
71 Members and employees of authority to supply
information to board
Every member or employee of the authority shall, when
requested to do so, submit to a board all the information in
his possession and produce to the board and give the board
access to all books, documents, records, accounts and other
sources of information of the authority.
72 Members, assistants and advisers of board to
have access to or over property
The members of a board, together with such assistants and
advisers as may be necessary, shall for the purposes of the
inquiry of the board have access at all reasonable times to or
over any property by the shortest and most practicable route
reasonable in the circumstances.
73 Offences in relation to inquiry of board
(1) Any member or employee of an authority who—
(a) refuses or fails to answer to the best of his ability any
lawful question put to him by, or wilfully makes any
false statement to, a board; or
(b) refuses or fails to comply to the best of his ability with
any lawful requirement made by a board;
in the exercise of its powers or the execution of its duties
under this Part, shall be guilty of an offence and liable to a
fine not exceeding level five or to imprisonment for a period
not exceeding six months or to both such fine and such
imprisonment.
(2) Any person who—
(a) threatens, resists, hinders or obstructs, or uses foul,
abusive or insulting language towards, or at, a board
while the board is exercising its powers or executing
its duties under this Part; or
(b) falsely holds himself out to be a member of a board; or
(c) without lawful excuse, having been summoned under
paragraph (b) of subsection (4) of section sixty-nine—
(i) refuses or fails to attend or to produce books or
papers in obedience to the summons; or
(ii) having so attended, refuses to be examined upon
oath or to take the oath; or
(iii) having taken the oath, refuses to answer such
questions as are lawfully put to him;
shall be guilty of an offence and liable to a fine not exceeding
level five or to imprisonment for a period not exceeding six
months or to both such fine and such imprisonment.
(3) Any person who, having taken an oath under paragraph (a) of subsection (4) of section sixty-nine, makes a
false statement of fact material to any question under
investigation by a board, knowing such statement to be false