Zimbabwe National Family Planning Council Act [Chapter 15:11]

Chapter 15:11

Zimbabwe National Family Planning Council Act

Acts 1/1985, 29/1990 (s. 28), 22/2001 (s. 4), 19/2004. ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

PART II
ZIMBABWE NATIONALFAMILYPLANNING COUNCIL AND ZIMBABWE NATIONALBOARDOFFAMILYPLANNING

3. Establishment of Zimbabwe National Family Planning Council.
4. Zimbabwe National Board of Family Planning.
5. Executive Committee of Board.
6. Committees of Board.
7. Disqualifications for appointment to Board.
8. Tenure and conditions of office of appointed members of Board.
9. Vacation of office by appointed members of Board.
10. Minister may require appointed member of Board to vacate office.
11. Minister may suspend from office member of Board.
12. Filling of vacancies on Board.
13. Meetings and procedure of Board.
14. Meetings and procedure of Executive Committee and other committees of Board.
15. Minutes of proceedings of Board and committees.
16. Validity of decisions and acts of Board and of committees.
17. Execution of contracts and instruments by Council.
18. Remuneration and allowances of members of Board and of committeesPART III
    PATRON, EXECUTIVEDIRECTORAND STAFFOF COUNCIL
19. Patron of Council.
20. Executive Director of Council.
21. Staff of Council.PART IV
    FUNCTIONS OF COUNCIL ANDSPECIAL RESPONSIBILITIESOF BOARD
22. Functions of Council.
23. Special responsibilities of Board.

24. [Repealed].
25. [Repealed].
26. [Repealed].
27. Funds of Council.
28. Financial year of Council.

PART V
PROVINCIAL BRANCHES OF COUNCIL ANDPROVINCIAL COMMITTEES OF BOARD

PART VI FINANCIAL PROVISIONS

29. Accounts of Council.
30. Audit of accounts of Council.
31. Powers of auditors.
32. Reports by Council.
33. Minister may give directions to Board.
34. Exemption of Council from liability.
35. Preservation of secrecy.
36. Regulations.

SCHEDULE: Powers of Council.

PART VII GENERAL PROVISIONS

AN ACT to establish the Zimbabwe National Family Planning Council and to provide for the structure, functions and powers thereof; to provide for reproductive health and family planning services in Zimbabwe and the promotion and implementation of population and development primary health care and other community-based development programmes relating to family health and for the integration and co-ordination of other relevant activities in Government departments, Nongovernmental organizations and the Private sector; and to provide for matters incidental to, or connected with, the foregoing.

1 Short title

[Long title amended by section 7 of Act 19 of 2004]

PART I PRELIMINARY

[Date of commencement: 1st August, 1985.]

This Act may be cited as the Zimbabwe National Family Planning Council Act [Chapter 15:11]. 2 Interpretation

In this Act—
“appointed member of the Board” means a member of the Board referred to in paragraph (e), (f), (g), (h), (i),

(j), (k), (l) or (m) of subsection (2) of section four;
“Board” means the Zimbabwe National Board of Family Planning referred to in subsection (1) of section four; “Council” means the Zimbabwe National Family Planning Council established by section three;
“Executive Committee” means the Executive Committee of the Board referred to in subsection (1) of section

five;
“Executive Director” means the Executive Director of the Council appointed in terms of subsection (1) of

section twenty;
“member” means a member of the Board, and includes an alternate member appointed and acting in terms of

subsection (5) of section four;
[Definition inserted by section 2 of Act 19 of 2004]

“Minister” means the Minister of Health and Child Welfare or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“Provincial Branch” means a Provincial Branch of the Council referred to in subsection (1) of section twenty- four.

“Provincial Committee” means a Provincial Committee of the Board referred to in subsection (1) of section

twenty-five.

PART II
ZIMBABWE NATIONALFAMILYPLANNING COUNCIL AND ZIMBABWE NATIONALBOARDOFFAMILYPLANNING

3 Establishment of Zimbabwe National Family Planning Council

There is hereby established a council, to be known as the Zimbabwe National Family Planning Council, which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of performing all such acts as bodies corporate may by law perform.
4 Zimbabwe National Board of Family Planning

(1) There shall be a board of the Council, to be known as the Zimbabwe National Board of Family Planning, which, subject to this Act, shall be the governing body of the Council responsible for the general policy and the control of the operations of the Council.

(2) The Board shall consist of not less than seven and not more than ten members of whom— (a) one shall be appointed by the Minister from the Ministry responsible for health;

(b) one shall be the Executive Director of the Zimbabwe National Family Planning Council; (c)
one shall be a registered legal practitioner;
(d) not more than four persons representing an association, organisation or institution shall be appointed by

the Minister for their knowledge, experience or expertise in any one or more of the following— (i) public health;

(ii) reproductive health; (iii) demography;

4. (iv)  finance and human resources;
5. (v)  marketing and communications;

(e) not more than three persons shall be appointed by the Minister to represent the interests of women, youths, religious and trade unions.

[Subsection substituted by section 3 of Act 19 of 2004]

(3) EverymemberoftheBoardrepresentinganassociation,organisationorinstitutionintermsofparagraphs (d) and (e) of subsection (2), shall be appointed by the Minister from among persons nominated for that purpose by the appropriate association, organisation or institution.

[Subsection substituted by section 3 of Act 19 of 2004]

(4) Beforemakinganappointmentintermsofsubsection(3),theMinisterafterconsultationandinaccordance with any directions the President may give him may, in his discretion, call upon the association, organization or institution which is entitled to be represented in terms of that subsection, to nominate such number of persons as the Minister may determine who, in its opinion, are suitable and available for appointment as members of the Board:

Provided that the Minister may—

1. (a)  appoint a person to be a member of the Board who has not been so nominated and may decline to appointany person so nominated;
2. (b)  where he has called for nominations in terms of this subsection in respect of any appointment to the Boardand no nominations have been made in respect of such appointment within such period as he may determine when calling for such nominations, appoint any person to be a member of the Board whether or not, in his opinion, the person so appointed is able to represent the views of the association, organization or institution whose nominations were called for in terms of this subsection.

   [Subsection substituted by section 3 of Act 19 of 2004]

(5) The Minister may appoint persons as alternate members to the members appointed by him in terms of subsection (2), and any such alternate member may act as a member during any period that a substantive member is unable to exercise his or her functions.

[Subsection inserted by section 3 of Act 19 of 2004]

5 Chairperson and Vice-chairperson of Board

(1) The Minister shall appoint the chairperson and vice-chairperson of the Board.
(2) The chairperson and the vice-chairperson of the Board may at any time, by written notice to— (a)

the Minister, in the case of the chairperson;
(b) the Chairperson, in the case of the vice chairperson; resign

their offices as such.
(3) Withinthreemonthsafterbeingnotifiedofavacancyintheofficeofthechairpersonorvice-chairperson

of the Board, the Board shall elect another appointed member to fill the vacancy.
(4) Thevice-chairpersonshallexercisethefunctionsofthechairpersonwhenevertheofficeofthechairperson

is vacant or whenever the chairperson is for any reason is unable to exercise his or her functions. [Section inserted by section 3 of Act 19 of 2004]

6

Committees of Board

[Heading amended by section 8 of Act 19 if 2004]

(1) For the better exercise of its functions, the Board may establish such number of other committees as it deems necessary and may vest in such committees such of the functions of the Board as the Board may direct: Provided that the vesting in a committee of any such functions shall not divest the Board of such functions and

the Board may amend or rescind any decision of any such committee in the exercise of its functions.
(2) On the establishment of a committee of the Board in terms of subsection (1), the Board—

(a) shall appoint to that committee at least one member of the Board who shall be the chairman of that committee;

(b) may appoint as members of that committee, on such terms and conditions as the Board may determine. persons who are not members of the Board.

7 Disqualifications for appointment to Board

The Minister shall not appoint a person as a member of the Board and no person shall be qualified to hold office as a member of the Board who—

1. (a)  is not ordinarily resident in Zimbabwe; or
2. (b)  has, in terms of a law in force in any country—
   1. (i)  been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or
   2. (ii)  made an assignment to, or arrangement or composition with, his creditors which has not been rescinded or set aside; or
3. (c)  has, within the period of five years immediately preceding the date of his proposed appointment, been sentenced in any country to a term of imprisonment imposed without the option of a fine for an offence involving fraud or dishonesty.

8 Tenure and conditions of office of appointed members of Board

(1) An appointed member of the Board shall, subject to this Part, hold office for such period, not exceeding three years, as the Minister may fix on his appointment, and shall, upon the expiry of his term of office, be eligible for reappointment as a member of the Board.

(2) SubjecttothisAct,anappointedmemberoftheBoardshallholdofficeonsuchconditionsastheMinister may fix for members of the Board generally.
9 Vacation of office by appointed member of Board

An appointed member of the Board shall vacate his office and his office shall become vacant—

1. (a)  after the expiry of thirty days after the date upon which he gives notice in writing to the Minister of his intention to resign, or after the expiry of such other period of notice as he and the Minister may agree; or
2. (b)  on the date he begins to serve a sentence of imprisonment imposed in any country; or
3. (c)  if he becomes disqualified in terms of paragraph (a) or (b) of section seven to hold office as a member ofthe Board; or
4. (d)  if he is required in terms of section ten to vacate his office; or
5. (e)  if, after such member was given not less than seven days’ notice of each meeting of the Board, he is absentfrom three consecutive meetings of the Board without the Board’s permission.

10 Minister may require appointed member of Board to vacate office

The Minister may require an appointed member of the Board to vacate his office if the Minister is satisfied that the member—

1. (a)  has conducted himself in a manner that is unbecoming of a member of the Board or is prejudicial to the interests or reputation of the Board or the Council; or
2. (b)  has failed to comply with the conditions of his office fixed by the Minister in terms of subsection (2) of section eight; or
3. (c)  is mentally or physically incapable of efficiently performing his functions as a member of the Board.

11 Minister may suspend from office member of Board

The Minister may suspend from office any member of the Board against whom criminal proceedings are instituted for an offence in respect of which a sentence of imprisonment without the option of a fine may be imposed, and whilst that member is so suspended he shall not perform any functions as a member of the Board.
12 Filling of vacancies on Board

On the death of, or the vacation of office by, an appointed member of the Board, the Minister shall appoint a person to fill the vacancy until the expiry of the period during which the appointed member of the Board would, but for his death or the vacation of his office, have continued in office: Provided that—

1. (i)  the Minister shall appoint the new member of the Board from among persons nominated in terms of subsection (3) or (4) of section four, as the case may be;
2. (ii)  if the former appointed member of the Board would, but for his death or the vacation of his office, have continued to hold office for less than six months, the Minister need not appoint a person to fill the vacancy.

13 Meetings and procedure of Board

(1) The Board shall hold its first meeting on such date and at such place as the Minister may direct and thereafter the Board shall meet for the dispatch of business and adjourn, close or otherwise regulate its meetings and procedure as it thinks fit:

Provided that a meeting of the Board shall be held not less than three times in each financial year of the Council.

(2) ThechairmanoftheBoardmayatanytimeandshall,attherequestofsixmembersoftheBoard,convene a special meeting of the Board, which meeting shall be convened for a date not less than seven days nor more than thirty days after receipt of such request.

(3) IfatameetingoftheBoardthechairmanandthevice-chairmanoftheBoardarebothabsent,themembers of the Board present may elect one of the members to preside at that meeting as chairman.

(4) TenmembersoftheBoardshallformaquorumatameetingoftheBoard.

(5) All acts, matters or things authorized or required to be done by the Board may be decided by a majority vote at a meeting of the Board at which a quorum is present.

(6) ForthebetterexerciseofthefunctionsoftheBoard,thechairmanoftheBoardmay,withtheapprovalof the Board, invite to attend any meeting of the Board or of any committees of the Board established in terms of section six, any person who, in the opinion of the chairman of the Board, has special knowledge or experience in the matter concerned.

[Subsection amended by section 8 of act 19 of 2004]

(7) ApersoninvitedtoattendameetingoftheBoardoranycommitteesoftheBoardintermsofsubsection (6) may take part in the proceedings or of any Committees of the Board or as if he were a member thereof, but shall not have a vote on any question before the Board or any Committees of the Board as the case may be.

[Subsection amended by section 8 of act 19 of 2004]

(8) At all meetings of the Board each member of the Board present shall have one vote on a question before the Board and, in the event of an equality of votes, the chairman of the Board, or the vice-chairman of the Board or any other member of the Board presiding at the meeting, shall have a casting vote in addition to a deliberative vote.

(9) Any proposal circulated among all members of the Board and agreed to in writing by a majority of all members of the Board shall be of the same force and effect as a resolution passed by a duly constituted meeting of the Board and shall be incorporated in the minutes of the next succeeding meeting of the Board:

Provided that, if a member of the Board requires that such a proposal be placed before a meeting of the Board, this subsection shall not apply to such proposal.

14 Meetings and procedure of committees of the Board

(1) MeetingsoftheCommitteesoftheBoardmaybeconvenedatanytimeandatanyplacebythechairman of the Executive Committee or the chairman of that other committee.

(2) TheprocedureoftheExecutiveCommitteeandofanyothercommitteeoftheBoardshallbedetermined by the Board.

[Subsection amended by section 8 of act 19 of 2004]

15 Minutes of proceedings of Board and committees

(1) The Board shall cause minutes of all proceedings of and decisions taken at a meeting of the Board, Executive Committee or any other committees of the Board to be entered in books kept for the purpose.

(2) Any minutes referred to in subsection (1) which purport to be signed by the chairman of the meeting to which the minutes relate or by the chairman of the next following meeting of the Board or any committees of the Board concerned, as the case may be, shall be accepted for all purposes as prima facie evidence of the proceedings of and decisions taken at the meeting concerned.

[Subsection amended by section 8 of act 19 of 2004]

16 Validity of decisions and acts of Board and of committees

No decision or act of the Board or of any committees of the Board or act done under the authority of the Board or any committees of the Board shall be invalid by reason only of the fact that there was a vacancy in the membership of the Board or any committees of the Board or that a disqualified person purported to act as a member thereof at the time the decision was taken or the act was done or authorized.

[Section amended by section 8 of act 19 of 2004]

17 Execution of contracts and instruments by Council

An agreement, contract or instrument approved by the Board may be entered into or executed on behalf of the Council by any person or persons generally or specifically authorized by the Board for that purpose.

18 Remuneration and allowances of members of Board and of committees

A member of the Board or any committees of the Board shall be paid from the funds of the Council—
(a) such remuneration, if any, as the Minister may, with the approval of the Minister responsible for finance,

fix for members of the Board generally; and
(b) such allowances as the Minister may fix to meet any reasonable expenses incurred by that member in

connectionwith the business of the Board or any committees of the Board, as the case may be. [Section amended by section 8 of act 19 of 2004]