NATIONAL ARTS COUNCIL OF ZIMBABWE ACT(CHAPTER 25:07)

CHAPTER 25:07

NATIONAL ARTS COUNCIL OF ZIMBABWE ACT

Act 27/1985, 22/2001 (s. 4).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

NATIONALARTSCOUNCIL OFZIMBABWE

3. Establishment of National Arts Council of Zimbabwe.
4. Establishment of National Arts Board.
5. Constitution of Board.
6. Terms of office of members of Board.
7. Disqualifications for appointment or election as member.
8. Vacation of office by member.
9. Chairman and vice-chairman of Board.
10. Proceedings of Board.
11. Committees of Board.
12. Remuneration of members of Board and of committees.
13. Validity of decisions and acts of Board.
14. Execution of contracts or instruments by National Arts Council.

PART III

FUNCTIONS OF NATIONALARTS COUNCIL

15. Functions of National Arts Council.
16. Limitation of power of National Arts Council to provide financial assistance.

PART IV

DISTRICT ARTS COUNCILS AND PROVINCIAL ARTSCOUNCILS

17. Establishment and constitution of District Arts Councils.
18. Functions of District Arts Councils.
19. Establishment and constitution of Provincial Arts Councils.
20. Functions of Provincial Arts Councils.
21. Conditions of membership and procedure of District Arts Councils and Provincial Arts Councils

PART V

REGISTRATION

22. Registration of arts organisations a condition for financial assistance etc.
24. Cancellation of registration.

PART VI

FINANCIALPROVISIONS

26. Funds of National Arts Council.
27. Accounts of National Arts Council.
28. Audit of accounts.
29. Powers of auditors.
30. Annual report of National Arts Council.

PART VII

GENERAL

31. Special reports.
32. Arts organisations to keep proper accounts.
33. Members not personally liable.

SCHEDULE: Powers of National Arts Council.

AN ACT to provide for the establishment of the National Arts Council of Zimbabwe to foster, develop and improve the knowledge, understanding and practice of the arts in Zimbabwe; to provide for the structure and functions of the National Arts Council; to provide for a Board to manage and control the affairs of the National Arts Council; to provide for the registration and regulation of arts organisations; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 4th December, 1987.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the National Arts Council of Zimbabwe Act [Chapter 25:07].

                       2    Interpretation

In this Act—

“arts organisation” means any group of persons associated together for the purpose of promoting the arts;

“Board” means the National Arts Board referred to in section four;

“District Arts Council” means a District Arts Council referred to subsection (1) of section seventeen;

“fixed date” means the date fixed in terms of subsection (2) of section one as the date of commencement of this Act;

“member” means a member of the Board and includes the chairman and vice-chairman of the Board referred to in section nine;

“Minister” means the Minister of Sports, Recreation and Culture or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“national arts association” means an arts organisation registered in terms of subsection 13) of section twentythree;

“National Arts Council” means the National Arts Council of Zimbabwe established in terms of section three;

“province” means a province declared or deemed to have been declared in terms of the Provincial Councils and Administration Act [Chapter 29:11];

“Provincial Arts Council” means a Provincial Arts Council referred to in subsection (1) of section nineteen;

“register” means the register of all registered arts organisations kept by the Board;

“registered arts organisation” means an arts organisation registered in terms of this Act;

“the arts” includes—

• music, dance, drama, folk art, creative writing, literature, painting, photography, filming, sculpture. crafts, graphic or plastic arts and any other art form or culture form approved by the Board; and
• the presentation, performance, execution and exhibition of any arts, art form or culture form referred to in paragraph (a).

PART II

NATIONALARTSCOUNCIL OFZIMBABWE

                       3     Establishment of National Arts Council of Zimbabwe

There is hereby established a council, to be known as the National Arts 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 performing all such acts as bodies corporate may by law perform.

                       4    Establishment of National Arts Board

The affairs of the National Arts Council shall, subject to this Act, be controlled by the National Arts Board constituted in terms of section five.

                       5    Constitution of Board

(1) The Board shall consist of—

• ten members appointed by the Minister of whom—
  • one shall be nominated by the Minister responsible for education;
  • one shall be appointed for his ability and experience in business or administration;
  • two shall be appointed to represent such community interests in Zimbabwe as the Minister may determine;
  • two shall be appointed to represent the interests of the commercial sector of the economy of Zimbabwe;
  • one shall be nominated by the Association of Urban Councils of Zimbabwe;
  • two shall be appointed to represent the Association of Rural District Councils of Zimbabwe;
  • one shall be appointed to represent the interests of culture in Zimbabwe; and
• members elected by Provincial Arts Councils in terms of paragraph (a) of subsection (1) of section twenty.

(2) If the office of a member referred to in subparagraph (v) of paragraph (a) of subsection (1), or paragraph (b) of subsection (1) is not filled in accordance with this Act within two months of the fixed date or within two months of any vacancy occurring, the Minister may appoint a person to the office concerned and such person shall be deemed to have been appointed or elected, as the case may be, to the office in accordance with this Act.

                       6    Terms of office of members of Board

• A member appointed in terms of paragraph (a) of subsection (1) of section five shall hold office for such period, not exceeding three years, as the Minister may specify at the time of his appointment.
• An elected member referred to in paragraph (b) of subsection (1) of section five shall hold office for a period of three years.
• A member going out of office in accordance with this section shall be eligible for reappointment or reelection, as the case may be, to the Board.

                       7     Disqualifications for appointment or election as member

No person shall be appointed or elected as a member and no person shall be qualified to hold office as a member who—

• has, in terms of a law in force in any country—
  • been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or
  • made an assignment to, or arrangement or composition with, his creditors which has not been rescinded or set aside;
• has within the period of five years immediately preceding the date of his proposed appointment or election, as the case may be, been sentenced to a term of imprisonment of or exceeding six months imposed without the option of a fine and has not received a free pardon.

                       8    Vacation of office by member

(1) A member shall vacate his office and his office shall become vacant—

• thirty days after the date upon which he gives notice in writing to the Minister of his intention to resign his office or after the expiry of such other period of notice as he and the Minister may agree; or
• on the date he begins to serve a sentence of imprisonment the term of which is not less than six months, whether or not any portion has been suspended, imposed without the option of a fine in any country; or
• if he becomes disqualified in terms of paragraph (a) of section seven to hold office as a member; or
• if he is required in terms of subsection (2) to vacate his office; or
• if he is absent from three consecutive meetings of the Board of which he has had notice, without the permission of the Board.

(2) The Minister may at any time require a member to vacate his office if the Minister is satisfied that the member—

• has conducted himself in a manner that is unbecoming of a member or is prejudicial to the interests or reputation of the Board or the National Arts Council; or
• is mentally or physically incapable of performing his duties as a member.

                       9    Chairman and vice-chairman of Board

• The Minister shall appoint one member as chairman of the Board and the members shall elect a vicechairman of the Board from among themselves.
• The vice-chairman shall exercise the functions of the chairman during any period that the chairman is unable to exercise his functions.