No. 8
LOCAL GOVERNMENT LAWS AMENDMENT
2016
(9) A member of a tribunal may resign his or her office at any
time by giving the chairperson, or the Minister in the case of a
chairperson, at least fourteen days’ notice of his or her intention to resign,
whereupon the next available person on the appropriate list of alternates
shall assume office in his or her stead.
(10) The Minister may, after consulting the Law Society of
Zimbabwe and the Civil Service Commission, as the case may be, remove
a member from a tribunal on the grounds of—
(a) inability to discharge the functions of his or her office,
whether arising from infirmity of mind or body or any other
cause; or
(b) negligent or improper conduct in connection with the
discharge of his or her duties as a member of the tribunal.
(11) On the death of, or the vacation of office by, a member of
the tribunal, the next available person on the appropriate list of alternates
shall assume office in his or her stead.
(12) Subject to paragraph 4(5) of the Fourth Schedule, the office
of a member of a tribunal shall terminate on the day that a determination is
made whether to remove a mayor, chairperson or councillor from office.
(13) In the course of its hearings—
(a) the tribunal shall be bound by the rules of natural justice, and
otherwise by the rules set forth in the Fourth Schedule; and
(b) any contempt of the tribunal by any person before the
tribunal shall constitute the crime of contempt of court in
terms of section 181 of the Criminal Law Code.
(14) Any person aggrieved by the proceedings or decision of the
tribunal may appeal to the High Court or take the matter on review to the
High Court, but any decision of the tribunal shall stand pending the appeal
or review.
(15) The Minister may in consultation with the Minister
responsible for justice, amend the Fourth Schedule by statutory
instrument;
Provided that no such statutory instrument shall be published and
come into force until a draft thereof is laid before Parliament, and no
resolution nullifying the same is made by either House within the first
seven sitting days after the draft is laid before the House concerned.”.
4
New Schedule inserted in Cap 29:15.
The principal Act is amended by the insertion after the Third Schedule of the
following Schedule —
“FOURTH SCHEDULE (Section 114a( 13)(a))
RULES OF INDEPENDENT TRIBUNALS
Procedure before and. immediately following allegation of misconduct
I. (I) If, on completion of the investigation (if any) referred to in section 114(4)
(or section 157(4) in the case of the Rural District Councils Act), it is found that an
allegation of misconduct should be preferred against the mayor, chairperson or
councillor (hereinafter called “the respondent”), the independent tribunal shall, within
thirty days after the completion of the investigation (or if no investigation is
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