National Aids Council Of Zimbabwe [Chapter 15:14]

Chapter 15:14

National Aids Council Of Zimbabwe

Act 16/1999, 22/2001 (s. 4); S.I. 224/2000

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title and date of commencement.

PART II

NATIONALAIDS COUNCIL OF ZIMBABWE AND BOARDOF COUNCIL

3. Establishment of National AIDS Council of Zimbabwe.
4. Functions and powers of Council.
5. Board of Council.
6. Disqualifications for appointment to Board.
7. Terms of office and conditions of service of members of Board.
8. Vacation of office by appointed member of Board.
9. President may require appointed member of Board to vacate office or may suspend him.
10. Filling of vacancies on Board.
11. Chairman and vice-chairman of Board.
12. Meetings and procedure of Board.
13. Executive Committee of Board.
14. Other committees of Board.
15. Meetings and procedure of Executive Committee and other committees of Board.
16. Minutes of proceedings of Board and committees.
17. Validity of decisions and acts of Board and of committees.
18. Execution of contracts and instruments by Council.
19. Reports of Council.
20. Minister may give Board directions on matters of policy.
21. Exemption from liability of Council, members of Board and Executive Director.

PART III

PATRON, EXECUTIVEDIRECTOR AND STAFF OF COUNCIL

22. Patron of Council.
23. Executive Director of Council.
24. Other staff of Council.

PART IV

FINANCIAL PROVISIONS

25. Funds of Council.
26. Investment of moneys not immediately required by Council.
27. Financial year of Council.
28. Accounts of Council.
29. Audit of Council’s accounts.
30. Powers of auditors.
31. Internal auditor.

PART V

GENERAL PROVISIONS

32. Provincial branches and committees.
33. Special responsibility of Executive Committee in relation to provincial branches and committees.
34. Preservation of secrecy.

SCHEDULE

Powers of Council.

AN ACT to provide for the establishment of the National AIDS Council of Zimbabwe and to provide for its structure, functions and powers; to provide for measures to combat the spread of the Human Immuno-Deficiency Virus and the Acquired Immune-Deficiency Syndrome and the promotion, co-ordination and implementation of programmes and measures to limit or prevent their spread; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 1st September, 2000.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the National AIDS Council of Zimbabwe Act [Chapter 15:14].

                       2    Interpretation

In this Act—

“AIDS” means acquired immune-deficiency syndrome and includes the AIDS-related complex;

“appointed member of the Board” means a member of the Board referred to in paragraph (c), (d) or (e) of subsection (2) of section five;

“Board” means the Board referred to in subsection (1) of section five;

“Council” means the National AIDS Council of Zimbabwe established by section three;

“Executive Committee” means the Executive Committee of the Board referred to in subsection (1) of section thirteen;

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

“HIV” means human immuno-deficiency virus;

“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.

PART II

NATIONAL AIDS COUNCIL OF ZIMBABWE AND BOARD OF COUNCIL

                       3     Establishment of National AIDS Council of Zimbabwe

There is hereby established a council, to be known as the National AIDS Council of Zimbabwe, which shall be a body corporate capable of suing and being sued in its corporate name and, subject to this Act, of doing anything that bodies corporate may do by law.

                       4     Functions and powers of Council

(1) Subject to this Act, the functions of the Council shall be (a) to ensure the development of strategies—

• to combat HIV and AIDS; and
• to control and ameliorate the effects of the HIV and AIDS epidemic; and to promote and co-ordinate the application of such strategies and policies; and
• to mobilise and manage resources, whether financial or otherwise, in support of a national response to HIV and AIDS; and
• to enhance the capacity of the various sectors of the community to respond to the HIV and AIDS epidemic and to co-ordinate their responses; and
• to encourage the provision of facilities to treat and care for persons infected with HIV and AIDS and their dependants; and
• to monitor and evaluate the effectiveness of the strategies and policies referred to in paragraph (a) and, generally, the national response to HIV and AIDS; and
• to promote and co-ordinate research into HIV and AIDS and to ensure the effective dissemination and application of the results of such research; and
• to disseminate, and to encourage the dissemination of, information on all aspects of HIV and AIDS; and
• to submit regular reports to the President, through the Minister, concerning the HIV and AIDS epidemic; and
• to exercise any other function that may be conferred on the Council by or in terms of this Act or any other enactment; and
• generally, to do all things which, in the Board’s opinion, are necessary or appropriate to combat HIV and AIDS and to ameliorate the effects of those diseases.

(2) For the better exercise of its functions, the Council shall have power, subject to this Act, to do or cause to be done, either by itself or through its agents, all or any of the things specified in the Schedule, either absolutely or conditionally and either solely or jointly with others.

                       5    Board of Council

• There shall be a board of the Council which, subject to this Act, shall be responsible for formulating the general policy of the Council and controlling its operations.
• Subject to this section and section six, the Board shall consist of
• the Secretary of the Ministry for which the Minister is responsible; and
• the Executive Director; and
• a person appointed by the President, subject to subsection (3), to represent the Traditional Medical

Practitioners Council established by section 3 of the Traditional Medical Act [Chapter 27:14]; and

• a person appointed by the President, subject to subsection (3), to represent the Law Society of

Zimbabwe referred to in section 51 of the Legal Practitioners Act [Chapter 27:07]; and

• not fewer than seven nor more than ten other members appointed by the President, subject to subsection (4), to represent the interests of health care providers, women, youths, religious groups, organisations that protect the interests of persons infected with HIV and AIDS, industry, commerce, information media and trade unions.

(3) Before the President makes an appointment under paragraph (c) or (d) of subsection (2), the Minister shall—

• request the council or society concerned to nominate such number of persons as the Minister may specify who are suitable and available for appointment as members of the Board; and
• forward to the President the names of any persons nominated in response to a request in terms of paragraph (a), together with any recommendations the Minister may wish to make in the matter.

(4) Before the President makes an appointment under paragraph (e) of subsection (2), the Minister shall—

• request any council, association or body which, in his opinion, represents any of the interests referred to in that paragraph to nominate such number of persons as the Minister may specify who are suitable and available for appointment as members of the Board; and
• forward to the President the names of any persons nominated in response to a request in terms of paragraph (a), together with any recommendations the Minister may wish to make in the matter.

(5) Notwithstanding subsections (3) and (4)

• the President may appoint a person to the Board who has not been nominated in terms of the subsection concerned and may decline to appoint any person so nominated;
• where the Minister has called for nominations in terms of the subsection concerned and no nominations have been made within such period as he may have specified when calling for them, the President may appoint any person to the Board whether or not, in his opinion, the person so appointed is able to represent the views of the council, society, association or body which was called upon to make the nominations.