2016 LOCAL GOVERNMENT LAWS AMENDMENT Gazetted 26th August 2016 157A Independent tribunals: appointment and procedure (1) An independent tribunal referred to in section 278(2) of the Constitution shall be constituted whenever the issue of the removal of a chairperson or councillor on any of the grounds specified in section 157(1) needs to be referred to it. (2) An independent tribunal shall consist of— (a) a chairperson appointed by the Minister from a list of at least three and not more than nine registered legal practitioners with at least five years’ experience in private or public practice, who shall be nominated by the Law Society of Zimbabwe referred to in section 51 of the Legal Practitioners Act [Chapter 27:07] (if the original list consists of fewer than nine nominees, the Minister may request an additional nominee or list of nominees so that the total number of nominees including those in the original list does not exceed nine); and (b) two other members appointed by the Minister from a list of at least three and not more than nine persons nominated by the Civil Service Commission, who shall be persons experienced in local government administration, whether as former councillors or as administrators (if the original list consists of fewer than nine nominees, the Minister may request an additional nominee or list of nominees so that the total number of nominees including those in the original list does not exceed nine). (3) If the case to be determined by the tribunal involves financial impropriety, one of the members of the tribunal must be a person registered under the Public Accountants and Auditors Act [Chapter 27:12],in which event the Civil Service Commission shall submit to the Minister two lists of nominees, of which one list shall consist of at least three and not more than six persons qualified as provided in subsection (2)(b), and the other list shall consist of at least three and not more than six persons registered under the Public Accountants and Auditors Act [Chapter 27:12]\ Provided that if either of the original lists consists of fewer than six nominees, the Minister may request an additional nominee or list of nominees so that the total number of nominees including those in the original list does not exceed six. (4) In accepting nominations for appointment to the tribunal in terms of subsections (2) and (3), the Minister shall notify the Imw Society of Zimbabwe and the Civil Service Commission of the names of at least one alternate for the office of chairperson of the tribunal (drawn from the list of nominees for that post) and one alternate for each of the other two appointees of the tribunal (drawn from the list of nominees supplied for those posts) who shall assume the chairpersonship or membership of the tribunal in case any such office becomes vacant in the course of the tribunal's proceedings. (5) In nominating or appointing members or alternates to a tribunal the Law Society of Zimbabwe and the Civil Service Commission, as the case may be, must be mindful of the requirement that the tribunal should consist of members of both sexes. 211 No. 8