FOURTH SCHEDULE (Section 40(3)) PROVISIONS APPLICABLE TO MEDIA AND INFORMATION COMMISSION Terms of office and conditions of service of members 1. (1) Subject to this Schedule, a member shall hold office for such period, not exceeding three years, as the Minister may fix on his appointment. (2) A member shall continue in office after the expiry of his term until he has been re-appointed or his successor has been appointed: Provided that a member shall not hold office in terms of this subparagraph for longer than six months. (3) Subject to paragraph 9, a member shall hold office on such terms and conditions as the Minister may fix in relation to members generally. (4) A retiring member is eligible for re-appointment as a member. (5) The terms and conditions of office of a member shall not, without the member’s consent, be altered to his detriment during his tenure of office. Disqualifications for appointment as member 2. (1) The Minister shall not appoint a person as a member and no person shall be qualified to hold office as a member who— (a) is not a citizen of Zimbabwe; or (b) has a financial interest in any business connected with broadcasting services or systems, or is engaged in any activity connected with any such service or system, or is married or connected to or associated with a person who has such an interest or is engaged in such an activity, unless the Minister is satisfied that the interest or activity will not interfere with the person’s impartial discharge of his duties as a member; or (c) has, in terms of a law in force in any country— (i) been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged; or (ii) made an assignment to, or arrangement or composition with, his creditors which has not been rescinded or set aside; or (d) has, within the period of five years immediately preceding the date of his proposed appointment, been convicted— (i) in Zimbabwe, of an offence; or (ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would constitute an offence; and sentenced to a term of imprisonment exceeding six months imposed without the option of a fine, whether or not any portion has been suspended, and has not received a free pardon. (2) A person who is— (a) a member of Parliament; or (b) a member of two or more other statutory bodies; shall not be appointed as a member of the Commission, nor shall he be qualified to hold office as a member. (3) For the purposes of subparagraph (b) of subparagraph (2) a person who is appointed to a council, board or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body shall be regarded as a member of that statutory body. Vacation of office by member 3. A member shall vacate his office and his office shall become vacant— (a) three months after the date upon which he gives notice in writing to the Minister of his intention to resign, or on the expiry of such other period of notice as he and the Minister may agree; or (b) on the date he begins to serve a sentence of imprisonment imposed without the option of a fine— (i) in Zimbabwe, in respect of an offence; or (ii) outside Zimbabwe, in respect of conduct which, if committed in Zimbabwe, would constitute an offence; or (c) if he becomes disqualified in terms of subparagraph (a), (b) or (c) of subparagraph (1) of paragraph 2, or in terms of subparagraph (2) of that paragraph, to hold office as a member; or (d) if he is required in terms of paragraph 4 to vacate his office. Dismissal or suspension of members 4. (1) The Minister may require a member to vacate his office if the member— (a) has, subject to subparagraph (3), been found to have conducted himself in a manner that renders him unsuitable as a member, including a contravention of paragraph 9; or (b) has failed to comply with any term or condition of his office fixed by the Minister in terms of subparagraph (3) of paragraph 1; or (c) is mentally or physically incapable of efficiently carrying out his functions as a member; or (d) has been absent without the permission of the Board from two consecutive meetings of the Commission of which he was given at least seven days’ notice, and there was no just cause for the member’s absence. (2) The Minister may suspend a member— (a) whom he suspects on reasonable grounds of having been guilty of conduct referred to in subparagraph (a) of subparagraph (1); or - 23 -