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Zim National Defence University Bill 2
H.B. 12, 2015.]
1ii
Zimbabwe National Defence University
2 |
ZIMBABWE NATIONAL DEFENCE UNIVERSITY BILL, 2015
MEMORANDUM
The purpose of this Bill is to establish the Zimbabwe National Defence University and to provide for matters incidental to or connected with the foregoing. The main provisions of the Bill are explained below:
Part I
Clause 1 sets out the short title. Clause 2 provides the definition of terms used in the Bill.
Part II
Clauses 3 and 4 provides for the establishment of the University and the objects and powers of the University.
Part III
Clauses 5 and 6 provide for the membership of the University and prohibition against discrimination in membership of university.
Clause 7 provides for the President of the Republic of Zimbabwe or his or her nominee being Chancellor and the rights that follow. Clause 8 provides for the appointment of Vice-Chancellor and Commandant and his or her responsibilities.
Clause 9 provides for the appointment of Pro-Vice Chancellor who shall assist the Vice-Chancellor and Commandant in his or her functions in terms of this Act.
Clauses 10 and 11 provide for membership of the Council and its functions.
Clauses 12 and 13 provide for disqualification for appointment as Council member and vacation of office by Council members.
Clauses 14 and 15 provide for Chairperson and Vice-Chairperson of the Council and the Executive Committee of the Council, its membership and functions.
Clause 16 provides for the Senate. Clause 17 provides for the functions of the Senate.
Clause 18 provides for the Academic Board which shall be a principal committee of the Senate, its membership and functions.
Clause 19 provides for the appointment of the Registrar. Clause 20 provides for the appointment of the Bursar.
Clause 21 provides for the appointment of the Librarian. Clause 22 provides for the convocation of the University.
Part IV
Provides for miscellaneous provisions relating to the University.
Clause 23 provides for the conditions of service of staff. Clause 24 provides for the appointment and grading of staff.
Clause 25 provides for the promotion of staff. Clause 26 provides for the Staff Disciplinary Committee, its membership and functions.
Clause 27 provides for the Student Disciplinary Committee, its membership and functions.
(3i)
Clauses 28 and 29 provide for the Finance Committee and the Accounts of the University.
Clause 30 provides for service of process. Clause 31 provides for the Statutes of the University.
Clause 32 provides for the Conflict of Interest where a member is not allowed to participate in a meeting where he or she has a direct or indirect interest.
Clause 33 provides for the making of Regulations by the Senate with the approval of the Council.
Clause 34 provides for the validity of decisions of Council, Senate, Convocation and boards and committees.
The Schedule provides for the Statutes of the University.
(4ii)
ZIMBABWE NATIONAL DEFENCE UNIVERSITY BILL, 2015
__________
ARRANGEMENT OF SECTIONS PART I
Preliminary Section
- Short title.
PART II
Establishment, Objects and Powers OF Zimbabwe National defence University
- Establishment of University.
- Objects and Powers of University. PART III
Membership And FUNCTIONS OF Zimbabwe National defence University
- Membership of University.
- Prohibition against discrimination in membership of university.
- Vice-Chancellor and Commandant.
- Pro-Vice-Chancellors.
- Functions of Council.
- Disqualification for appointment as Council member.
- Vacation of office by Council members.
- Chairperson and vice-chairperson of Council.
- Executive Committee of Council.
- Functions of Senate.
- Academic Board.
PART IV
Miscellaneous Provisions
- Terms and conditions of service of staff.
- Appointment and grading of staff.
- Promotion of staff.
- Staff Disciplinary Committee.
- Student Disciplinary Committee.
- Funds of the University.
- Finance Committee.
- Accounts of University.
- Service of process.
- Validity of decisions of Council, Senate, Convocation and boards and committees.
Schedule: Statutes of the University.
Presented by The MINISTER OF defence
BILL
To establish the Zimbabwe National Defence University and to provide for matters connected therewith or incidental thereto.
ENACTED by the Parliament and the President of Zimbabwe.
5 PART I
Preliminary
1 Short title
This Act may be cited as the Zimbabwe National Defence University Act [Chapter 25:32]
10 2 Interpretation
(1) In this Act—
“Academic staff” means all persons employed, whether full time, permanently or on short-term contracts by the University as professors, lecturers of any class, course co-coordinators, course developers, tutors or persons
15 engaged in research;
“Administrative staff” means all persons employed by the University who are categorised in terms of the Statutes as members of the administrative
staff;
“Bursar”, means the person holding office as Bursar of the University in terms
20 of section 20;
H.B. 12, 2015.]
Printed by the Government Printer, Harare
“Chairman of department” means a person appointed in terms of the Statutes to be Chairperson of a teaching department or head of an institute;
“Chairperson of council” means the person elected to be Chairperson of the Council;
“Chancellor” means the President of the Republic of Zimbabwe in his capacity 5
as Chancellor of the University in terms of section 7;
“Council” means the University Council established in terms of section 10;
“dean” means a person holding office as Dean in terms of the statutes;
“Director” means a person holding office as director in terms of the statutes;
“faculty” means a faculty of the University established in terms of the Statutes; 10
“Faculty board” means a faculty board established in terms of the Statutes;
“institute” means an institute established in terms of the Statutes;
“librarian” means a person holding office as Librarian of the University in
terms of section 21;
“Minister” means the Minister of Defence or any other Minister to whom the 15
President may from time to time assign the administration of this Act;
“non-academic staff” means all persons employed by the University who are
not members of the academic staff;
“Participant” means any person registered to study at the University Centres
of Excellence; 20
“Principal Dean” means a person holding office as head of the Centre for
Defence and Security Studies;
“Pro-Vice Chancellor” means a person holding office as Pro Vice-Chancellor
in terms of section 9;
“Registrar” means the person holding office as Registrar of the University in 25
terms of section 19;
“Research Centre” means a research centre established in terms of the Statutes;
“Regulations” means regulations made by the Senate;
“Senate” means the University Senate established in terms of section 16;
“Senior administrative staff” means the Registrar, the Bursar, Librarian and 30
such other members of staff as the Council from time to time determine;
“Senior directing staff” means all persons employed by the University who are
teaching staff at the Centre for Defence and Security Studies;
“statutes” means the Statutes of the University set out in the Schedule as
amended from time to time or replaced in terms of section 32; 35
“staff” means academic staff, administrative staff, technical staff and workers;
“student” means any person registered to study at the Zimbabwe National Defence
University and these consist of both military and civilian personnel;
“Student disciplinary committee” means a disciplinary committee established
in terms of section 27; 40
“Technical staff” means all persons employed by the University who are categorised
in terms of the Statutes as members of the technical staff or workers;
“University” means the Zimbabwe National Defence University in terms of
this Act;
“Vice Chancellor and Commandant” means the person holding the office of 45
the Vice Chancellor and Commandant in terms of section 8;
“workers” means all persons employed by the University who are categorised in terms of the Statutes as workers;
PART II
Establishment, Objects and Powers OF The Zimbabwe National Defence University
3 Establishment of University
- There is hereby established a University to be known as the Zimbabwe 5 National Defence University.
- The University shall be a body corporate with perpetual succession and shall be capable of suing and being sued in its corporate name and, subject to this Act, of performing all acts that bodies corporate may by law perform.
- The University shall be established as a service of the Zimbabwe Defence 10 Forces in terms of the Constitution of Zimbabwe.
- The University shall be one of the research organs of the Zimbabwe National Security Council.
4 Objects and Powers of University
(1) The objects of the University are to—
15 (a) be the national strategic analysis and advisory institution and premier institution of higher learning for defence and security that fosters the achievement of national interest objectives through government ministries, departments and institutions;
(b) provide higher education and training in national policy and strategy
20 formulations for military and civilian leaders to better address national and international security challenges;
- nurture and preserve the spirit of unity and patriotism in pursuit of sustainable moral, social and economic growth of the nation of Zimbabwe;
- inculcate excellence in research, innovation, geopolitical economics, 25 training and leadership development;
- input into the Zimbabwe National Security Council outcomes of research on issues of national defence and security.
(2) For the achievement of its objects, the University shall have the following powers—
30 (a) to foster its research and think tank outcomes in pursuance of national interests;
(b) to make provision for research, to provide courses of instruction, and to take such other steps as may appear necessary or desirable for the advancement and dissemination of knowledge;
35 (c) to hold examinations and to confer degrees, including honorary degrees, diplomas, certificates and other awards, upon persons who have followed courses of study approved by the Senate and additionally, or alternatively, have satisfied such other requirements as may be determined by the Senate;
(d) to provide opportunities for staff and students, and such other persons as
40 the University may approve, to engage in productive activity in the fields
of defence and security and any other fields in which the Institute may from time to time be engaged;
(e) to promote research with emphasis on defence and security, technological and developmental projects, with particular reference to the security needs
45 of Zimbabwe;
- to institute professorships, lectureships, research fellowships, staff development fellowships and other posts and offices and to make appointments thereto;
- to institute and award fellowship, scholarships, bursaries, prize medals, exhibitions, and other distinctions, awards and forms of assistance consistent with its objects;
- to erect, equip and maintain laboratories, workshops, offices, halls of residence, lecture halls, libraries, museums and other buildings and 5 structures required for the purposes of the University;
- to provide and maintain sports fields and other recreational facilities for its students and members of staff;
- to demand and receive such fees as may from time to time be prescribed
by or in terms of the Statutes; 10
- to enter into such contracts and to establish such trusts and to appoint such staff as the Institute may require;
- to establish pension, superannuation or provident or other credit fund
schemes for the benefit of its staff or any section thereof, and to enter into arrangements with the Government or any organisation or person 15 for the operation of such schemes;
- to acquire any property, movable or immovable, and to take, accept and hold any property which may become vested in it by way of purchase, exchange, grant, donation, lease, testamentary disposition or otherwise;
- to sell, mortgage, let on hire, exchange, donate or otherwise dispose of 20 any property held by it;
- to invest in land or securities such funds as may be vested in it for the purpose of endowment, whether for general or specific purposes, or such other funds as may not be immediately required for current expenditure.
PART III 25
Membership And FUNCTIONS OF Zimbabwe National defence University
5 Membership of the University
(1) The University shall consist of—
- A Chancellor; and
- A Vice Chancellor and Commandant; and 30
- One or more Pro Vice-Chancellors; and
- Members of the Council; and
- Members of the Senate; and
- Members of the staff, Registrar, Bursar, Librarian; and
- Students, Participants; and 35
- The Convocation.
(2) In appointing the members of the University, the Minister shall endeavour to ensure that at least half the appointed members of the University are women.
6 Prohibition against discrimination
- No test or religion or political belief, race, ethnic origin, nationality or 40 gender shall be imposed upon or be required of any person in order to entitle him to be admitted as a member of staff or student of the University or to hold any office therein or privilege thereof.
- Nothing in subsection (1) shall be construed as preventing the University from giving preference to citizens or residents of Zimbabwe when making appointments 45 or promotions or when admitting students.
7 Chancellor
- The President of Zimbabwe shall be the Chancellor of the University.
- The Chancellor shall have the right—
(a) to preside over any assembly or meeting held by or under the authority
5 of the University; and
(b) on the recommendation of the Council and the Senate, to confer degrees, diplomas and other awards and distinctions of the University and to withdraw or restore any such awards.
8 Vice Chancellor and Commandant
10 (1) The process of considering appointment of a Vice Chancellor and Commandant shall begin with interviews of applicants by a joint committee of the Council and the Senate in order to choose the successful candidate to recommend to the Chancellor.
(2) The Vice Chancellor and Commandant shall be appointed by the Chancellor
15 after consultation with the Council and the Minister and shall hold office for such a period as is provided for in his contract of employment, and can be eligible for re-appointment.
(3) Subject to the general control of the Council, the Vice Chancellor and
Commandant shall be the chief academic and administrative officer of the University,
20 with general responsibility to the Council for maintaining and promoting the efficiency, effectiveness and good order of the University.
(4) Subject to subsections (4) and (5), the Vice Chancellor and Commandant may—
(a) suspend from duty any member of staff of the University;
25 (b) subject to section 6, prohibit the admission of a student or any person to the University;
- prohibit, indefinitely or for such period as he may specify, any student or group of from attending any classes;
- prohibit any student or group of students or group of persons from entering
30 or remaining on such part or parts of the University campus as he may specify;
- expel or suspend, indefinitely, or for such a period as he may specify, any student or group of students;
- dissolve or suspend, indefinitely or for such period as he may specify, the
35 Students’ Union or any of its committees or organs;
- impose any other penalty or give any other order in respect of—
- a member of staff, which is recommended by the Staff Disciplinary Committee in terms of section 26(7);
(ii) a student, which is recommended by the Student Disciplinary 40 Committee in terms of section 27(6);
- The Vice Chancellor and Commandant shall not expel a student for misconduct unless the Student Disciplinary Committee in terms of section 27 has found the student guilty of misconduct.
- Any action taken by the Vice Chancellor and Commandant in terms of 45 subsection (3) shall be subject to ratification by the Council.
9 Pro Vice-Chancellors
- One or more Pro Vice-Chancellors may be appointed by the Council with the approval of the Minister and in accordance with the Statutes.
- A Pro Vice-Chancellor shall assist the Vice Chancellor and Commandant in the performance of his or her functions and, as may be specified in the Statutes.
10 Council
(1) Subject to this Act and general directions as to the policy given by the Minister and the government, the executive authority of the University shall be vested 5 in the Council which shall consists of—
- The Chancellor, the Vice-Chancellor and Commandant and the Pro-Vice-
Chancellors, who shall be ex officio members; and
- Chairperson Civil Service Commission; and
- the Secretary for Defence; and 10
- the Secretary for the Ministry of Higher and Tertiary Education, Science and Technology Development; and
- the Secretary for the Ministry of Foreign Affairs; and
- the Secretary for the Ministry of Finance; and
- the Secretary for the Ministry of Justice, Legal and Parliamentary Affairs; 15 and
- the Secretary for the Ministry of Information Communication Technology,
Postal and Courier Services; and
- the Commander Defence Forces; and
- the Commander Zimbabwe National Army; and 20
- the Commander Air Force of Zimbabwe; and
- the Commissioner General Zimbabwe Republic Police; and
- the Commissioner General Zimbabwe Prison Services and Correctional Services; and
- the Director General Intelligence Services; and 25
- the Chief of Staff Joint Operations and Plans Zimbabwe Defence Forces HQ; and
- three persons who are members of the academic and technical staff who are appointed by the Senate; and
- one person who is a distinguished academic appointed by the Council on 30 the recommendation of Senate; and
- one person approved by the Vice Chancellor and Commandant and elected by administrative staff from amongst their number; and
- one person appointed by the Minister from a list of names submitted by the Zimbabwe National Chamber of Commerce or, if that organisation 35 ceases to exist, by such organisation as the Minister, after consultation with the Minister responsible for industry; and
- one person appointed by the Minister from a list of names submitted by
the Chamber of Mines of Zimbabwe Incorporated (Private) Act [Chapter 21:02] or, if that organisation ceases to exist, by such other organisation 40 as the Minister, in consultation with the Minister responsible for mines; and
- one person appointed by the Minister from a list of names submitted
by the Senate of the Zimbabwe Institution of Engineers established in terms of the Zimbabwe Institution of Engineers (Private) Act [Chapter 45 27:16] or if that organisation ceases to exist, by such other organisation as the Minister, after consultation with the Minister responsible for public construction; and
- one person appointed by the Minister from a list of names submitted by
such organisations representing teachers and additionally, or alternatively, 50
lecturers, as the Minister recognises for the purpose of this paragraph; and
- one person appointed by the Minister who is a former Vice Chancellor of a state university; and
5 (x) five persons who are members of the National Defence College
Transformation Board appointed for the duration of the transformation period; and
(y) one person appointed by the Minister who shall be a legal practitioner registered as such in terms of the Legal Practitioners Act [Chapter 27:07];
10 and
- one person appointed by the Minister who shall be a registered Accountant; and
- one person elected by the Convocation.
(2) If any person, organisation or authority fails or declines to submit a list
15 of names in terms of paragraph (s), (t), (u) or (v) of subsection (1) within a reasonable time after being called upon to do so, the Minister after consultation with the Council, may appoint any suitably qualified person to fill the vacancy.
(3) In appointing the members of the Council, the Minister shall endeavour to secure that at least half the appointed members of the Council are women.
20 11 Functions and Powers of Council
(1) Subject to this Act and Statutes, the Council shall—
- with the approval of the Minister, appoint the Pro Vice-Chancellors and the Registrar;
- appoint the Bursar, the Librarian, the academic staff, the administrative 25 staff and other employees of the University:
Provided that the Council may delegate its duties under this paragraph to such committee as may be prescribed in the Statutes;
- on the recommendation of the Senate, institute professorships and other academic offices and abolish or hold in abeyance any offices;
30 (d) receive and, if the Council considers it proper to do so, give effect to reports and recommendations from the Senate on those matters upon which Senate is authorised or required by this Act or the Statutes to make reports and recommendations;
(e) cause to be prepared annually a statement of income and expenditure of
35 the University during the previous financial year and of the assets and liabilities of the University on the last day of each year;
(f) submit statements of income and expenditure referred to above to audit by and auditor appointed by the Council and shall publish such statements and auditor’s reports thereon;
40 (g) cause to be prepared annual estimates of income and expenditure for the following financial year;
- cause to be prepared and made available to the public a report on the activities of the University during each year;
- cause to be prepared any proposed amendments, repeal or replacements
45 of the Statutes.
(2) Without limitation on any other powers conferred on the Council by this Act, the Council shall have the following powers—
(a) to receive recommendations from the Senate for conferment, withdrawal or restoration of degrees, including honorary degrees and diplomas,
50 certificates and other awards and of the University and it approved to submit them to the Chancellor;
- to administer the property of the University and to control its affairs and functions;
- to delegate any of its functions to the Executive Committee or to any other committee or officer of the University;
- to do such other acts as it considers necessary for the proper administration 5 of the University and the achievement of its objects.
12 Disqualification for appointment as Council member
The Minister shall not appoint a person as a member of the Council and no person shall be qualified to hold office as a member of Council who—
- is not a citizen of Zimbabwe or permanently resident in Zimbabwe; or 10
- has, in terms of any 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 arranged or composition with, his creditors which has not been rescinded or set aside; or 15
- has, within the period of five years immediately preceding the date of his proposed appointment, been sentenced to a term of imprisonment of or exceeding six months, whether or not any portion has been suspended, imposed without the option of a fine in any country, and has not received
a free pardon; or 20
- is a Member of Parliament of Zimbabwe; or (e) is of unsound mind.
13 Vacation of office by Council Members
A member shall vacate office and his office shall become vacant—
- after giving the Minister such period of notice of his intention to resign 25 as may be fixed in his conditions of appointment or, if no such period has been fixed, after the expiry of one month 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 30 suspended, imposed without the option of a fine in any country; or
- if he becomes disqualified in terms of paragraph (a) or (b) of section twelve to hold office as a member; or
- if he is absent without the permission of the Council from three consecutive
meetings of the Council. 35
14 Chairperson and Vice-Chairperson of Council
- The Council shall be chaired by the Chairperson as appointed by the Chancellor and shall elect a Vice-Chairperson from amongst its members to hold office for such period and subject to such terms and conditions as are prescribed in the statutes.
- At all meetings of the Council where the Chairperson and the Vice-Chairperson 40 are not present, the members shall elect one of their members to act as Chairperson.
- If at any meeting of the Council the Chancellor and the Chairperson and the Vice-Chairperson of the Council are all absent, the members of the Council who are present shall elect a person from amongst their number to preside at the meeting.
15 Executive Committee of Council 45
- There shall be a principal committee of the Council to be known as Executive Committee.
- The Executive Committee shall consist of—
- the Chairperson and Vice-Chairperson of Council; and
- the Vice Chancellor and Commandant and every Pro Vice-Chancellor; and
5 (c) ten (10) members of the Council of whom— (I) four (4) shall be appointed by the Minister;
(ii) three (3) shall be appointed by Council; and (iii) three (3) shall be appointed by the Senate.
- The Chairperson and Vice-Chairperson of the Council shall be the Chairperson 10 and the Vice-Chairperson respectively of the Executive Committee.
- The Executive Committee shall exercise such of the functions of the Council as the Council may delegate to it.
- Any delegation of functions by the Council may be made absolutely or subject to conditions and may be amended or withdrawn at any time.
15 (6) A delegation of any function by the Council shall not prevent the Council from itself exercising that function.
(7) Half members of the Executive Committee shall constitute a quorum.
16 Senate
The Academic Authority of the University shall be vested in the senate, which 20 shall consist of—
- the Vice Chancellor and Commandant who shall be the Chairperson, every Pro Vice-Chancellor, Deans, Principal Dean, the Chairpersons of the Departments, the Librarian and all full Professors; and
- one member of the permanent teaching staff from each Faculty elected
25 annually by such staff; and
(c) six students elected annually by the Students’ Union:
Provided that such students shall not be entitled to attend deliberations of the Senate on matters, which are considered by the Chairperson of the Senate to be confidential in nature.
30 (2) Section 10 (3), (4) and (5) shall apply, mutatis mutandis, to the Senate as they apply to the Council.
17 Functions of Senate
The functions of Senate shall be—
(a) to facilitate the advancement of knowledge mainly by research activities;
35 (b) to formulate and carry out the academic policy of the University;
- to maintain quality assurance regarding the academic content and standard of any course of study offered by any faculty or institute in respect of a degree, diploma, certificate or award of the University;
- to regulate the programmes, subjects and courses of study and the 40 examinations held by the University;
- to regulate the admissions of students to the University;
- to recommend to the Chancellor, through the Council, the conferment of degrees, including honorary degrees, diplomas, certificates and other awards and distinctions of the University and the withdrawal and restoration
45 of such awards;
- to appoint examiners for examinations conducted by the University;
- to cause to be prepared the budget required to carry out the academic work of the University and to submit it to the Council;
- subject to the approval and direction of the Council to formulate, modify
and revise the organisation of faculties, department, centres and other units; 5
- to recommend to the Council the institution, abolition or holding in abeyance of professional chairs and other academic offices;
- without derogation from the powers of the Council, to propose changes to the Statues;
- to make any regulations it is authorised to make by or in terms of this 10 Act;
- to appoint committees, which may include persons who are not members
of the Senate to exercise any of the functions of the Senate other than the power to make regulations;
- to make periodic reports on its activities to the Council and to report on 15 any matter referred to it by the Council;
- to do such other acts as the Council may authorise or direct it to do.
18 Academic Board
- There shall be a principal committee of the Senate to be known as the
Academic Board. 20
- The Academic Board shall consist of—
- The Vice Chancellor and Commandant, who shall be the Chairperson; and
- Pro Vice-Chancellors; and
- Two full professors of the University, elected annually by the Senate; and 25
- All Deans of Faculties and Centres; and (e) Librarian.
- The Academic Board shall exercise such functions of the Senate as the Senate may delegate, with the approval of the Council.
- Any delegation of function by the Senate may be made absolutely or subject 30 to conditions and may be amended or withdrawn at any time.
- A delegation of any function by the Senate in (c) above shall not prevent the Senate from itself exercising the function.
19 Registrar
- There shall be a Registrar of the University who shall be appointed by the 35 Council as provided in the Statutes.
- Subject to the directions of the Vice Chancellor and Commandant, the Registrar shall be responsible for the general administration of the University, and shall perform such other functions as may be specified in the Statutes.
- The Registrar, or a member of his staff whom he may authorise to act for 40 him shall be Secretary of the Council and the Senate and their principal committees.
20 Bursar
- There shall be a Bursar of the University who shall be appointed by the Council as provided in the Statutes.
- Subject to the directions of the Council, the Bursar shall act as the accountant 45 of the University and shall be responsible to the Vice Chancellor and Commandant for safeguarding the University funds and in accordance with the general directions of the Vice Chancellor and Commandant, for authorising its investments and expenditure.
- The Bursar shall perform such additional functions as may be specified in the Statutes.
5 21 Librarian
- There shall be a Librarian of the University who shall be appointed by the Council as provided in the Statutes.
- Subject to the direction of the Senate and the Vice Chancellor and
Commandant, the Librarian shall be responsible for the administration and safeguarding 10 of the libraries of the University.
22 Convocation
- The Convocation of the University shall consist of all persons whose names appear on the Convocation Roll maintained by the Registrar.
- The Vice Chancellor and Commandant and Pro Vice-Chancellors, Lecturers,
15 Heads of Departments and Institutes, the Registrar, the Librarian and the Bursar shall be ex officio members of the Convocation.
(3) All graduates of the University who signify in writing addressed to the Registrar that they desire to be members of the convocation and who inform the Registrar of their address shall be entitled to have their names entered in the Convocation Roll.
20 (4) The Vice Chancellor and Commandant or such other person as he may appoint shall be Chairperson of meetings of the Convocation.
- Meetings of the Convocation shall be held at such times and places as the Council shall direct.
- The Convocation may deal with any such matters relating to the University, 25 which may be referred to it by the Council in accordance with the Statutes.
PART IV
Miscellaneous Provisions
23 Terms and conditions of service of staff
(1) Terms and conditions of service for each category of staff employed by
30 the University including the Vice-Chancellor and Commandant and every Pro Vice-chancellor shall be determined by the Council in consultation with the Minister of Higher and Tertiary Education, Science and Technology Development in terms of this Act and such terms and conditions shall provide that: —
(a) any person so employed can resign from his employment on giving
35 such notice in writing to the Registrar as may be fixed in such terms and conditions;
(b) any person so employed shall, to any exception that may be provided for in special cases, retire from his office at such time or in such circumstances as may be fixed in such terms and conditions;
40 (c) no summary termination of the employment of any person so employed shall take place except for good cause and in the event of any such termination the person concerned shall have a right of appeal to the Council, whose decision shall be final.
(2) For the avoidance of doubt, it is hereby declared that the termination of the
45 appointments of any person as Dean or Head of Chairman or Department pursuant to Statute 16 shall not affect any other rights or duties relating to the contract of employment of the person concerned and such contract shall, save for any such termination, remain binding on the University and the person concerned.
24 Appointment and grading of staff
- The appointment of the Vice Chancellor and Commandant, Pro Vice-
Chancellors, Registrar, Bursar and Librarian shall be made by the Council on the basis of recommendations from Board of Selection established by the Council.
- There shall be an Academic Appointments Board consisting of 5
- the Vice Chancellor and Commandant or his nominee as chairman; and
- two members appointed by the Council; and
- one member appointed by the Senate; and
- three persons co-opted by the Vice Chancellor and Commandant after
consultation with the Senate to membership for each matter being 10 considered having regard to the nature of that matter; and
- where it appears to the Vice Chancellor and Commandant that the matter to be considered particularly concerns a certain department, the Chairman of that department to which the Council shall delegate its duty of making
appointments to the academic staff. 15
- The Council shall establish Boards of Selection to which it shall delegate its duty of appointing administrative staff and employees.
- The Council shall establish a Grading Committee to which it shall delegate its duty of determining all matters relating to points of entry upon salary scales by
academic staff, and employees. 20
25 Promotion of staff
(1) Every promotion of a person to post of academic staff shall be affected by an Academic Staff Promotions Committee consisting of respectively—
- The Vice Chancellor and Commandant or his nominee who shall be the
Chairperson. 25
- Every Pro Vice-Chancellor.
- Four members of the Council who are not members of staff of the University, appointed by the Council.
- At least three full professors of the University appointed by Senate once
every three years. 30
(2) The promotion of a person to a post or grade which does not fall within the academic staff shall be affected by a Non-Academic Promotions Committee appointed by the Council and consisting of—
- Vice Chancellor and Commandant who shall be the Chairperson.
- The Registrar. 35
- One representative of each category of staff prescribed in the Statutes.
- One representative of the faculty where the person to be promoted works.
(3) The promotion of Zimbabwe Defence Forces members in accordance with the ranks structure of the Zimbabwe Defence Forces shall not be hindered by the
provisions of this Act. 40
26 Staff disciplinary committee
(1) There shall be a Staff Disciplinary Committee, which consists of the following members appointed by the Vice-Chancellor and Commandant— (a) A Pro Vice-Chancellor or his nominee who shall be chairperson; and
- A senior member of the academic or administrative staff; and 45
- A member of the academic or administrative staff of similar status to the person charged; and
- A member of the Council; and
- a registered legal practitioner of at least five years’ standing who does not hold any post at the University, and who is nominated annually by the Council.
5 (2) One member referred to in paragraph (b) or (c) of subsection (1) shall belong to the same department or faculty as that to which the person belongs.
- Three members of the Staff Disciplinary Committee shall form a quorum.
- All matters to be decided at any meetings of the Staff Disciplinary Committee shall be decided by a simple majority and in the event of an equality of votes, the
10 chairperson or person presiding shall have a casting vote in addition to his deliberate vote.
(5) The functions of the Staff Disciplinary Committee shall be to investigate any breach of the statutes, regulation or ordinance or any other misconduct on the part of any member of the academic or administrative staff and, subject to subsection (7),
15 to recommend to the Vice Chancellor and Commandant the punishment to be imposed on or order to be made in respect of member it finds him/her guilt of such misconduct.
- A person charged with misconduct referred to in subsection (4) shall have a right of audience and be legally represented before the Staff Disciplinary Committee.
- Where the Staff Disciplinary Committee has found a person guilty of
20 misconducts referred in subsection (5), the Committee shall recommend to the Vice Chancellor and Commandant any one or more of the following—
- that the person’s employment be terminated;
- that the person pays a fine to be determined by the University from time to time;
25 (c) that the person be demoted;
- that the person be censured or reprimanded.
- such other penalty or order as may be provided for by or in terms of the statutes.
(8) Notwithstanding the above provisions, members of the Zimbabwe Defence 30 Forces shall remain subject to disciplinary provisions of the Defence Act.
27 Student Disciplinary Committee
(1) There shall be a Student Disciplinary Committee which shall consist of the following members appointed by the Vice-Chancellor and Commandant: —
(a) The Senior Proctor who shall be Chairperson; and
35 (b) Four members of the Academic Staff; and
- One student nominated by the Student Representative Council; and
- A registered legal practitioner of at least five years standing who does not hold any post at the University and who, is nominated annually by the Senate.
40 (2) Five members of the Student Disciplinary Committee shall form a quorum.
(3) All matters to be decided at any meeting of the Student Disciplinary Committee shall be decided by a simple majority and, in the event of an equality of votes, the Chairperson or person presiding shall have a casting vote in addition to his deliberate vote.
45 (4) The functions of the Student Disciplinary Committee shall be to investigate any breach of a Statute, Regulation or Ordinance or other misconduct on the part if any student and, subject to subsection (6), to recommend to the Vice-Chancellor and Commandant the punishment to be imposed on the student if it finds him guilty of such misconduct.
- A student charged with misconduct referred to in subsection (4) shall have a right of audience and to be legally represented before the Student Disciplinary Committee.
- Where the Student Disciplinary Committee has found a student guilty of misconduct referred to in subsection (4), the Committee shall recommend to the Vice 5 Chancellor and Commandant the imposition upon the student of any one or more of the following punishments—
- the withdrawal of any academic or University privilege, benefit, right or
facility other than to follow courses of instruction and present himself
for examination; 10
- the imposition of a fine appropriate to the offence committed, which shall be paid to the University;
- a censure, expulsion or reprimand;
- such other penalty as may be provided for by or in terms of the Statutes.
- Notwithstanding the above provision, members of the Zimbabwe Defence 15 Forces shall remain subject to military discipline in terms of the Defence Act.
28 Funds of the University
(1) The University Funds shall consist of—
- an endowment fund;
- monies appropriated by Parliament for the achievement of the objectives 20 of the University;
- monies received by the University by virtue of the regulations made in terms of this Act;
- income from commercial investments;
- donations, contributions received by the University; 25
- monies obtained by means of loans raised by the University with the approval of the Minister in consultation with the Minister responsible for Finance;
- fees, levies and other income accruing to the University from registration, tuition or any other services provided by the University; 30
- such other monies as may vest in or accrue to the University whether in the course of its operations or otherwise.
- The University shall employ its funds to defray expenses in connection with the fulfilment of its objects.
- Monies not immediately required by the University may be invested in such 35 a manner as the University after consultation with the Minister considers appropriate.
- The University may invest any portion of its monies in such manner as the Minister with the concurrence of the Minister responsible for Finance may approve.
29 Finance Committee
(1) Subject to this Act, there shall be a Finance Committee of the Council 40 consisting of: —
(a) the Chairperson of the Council, who shall be Chairperson; and (b) the Vice-Chancellor and Commandant; and
- All Pro Vice-Chancellors; and
- Three persons appointed by the Council from among its members who 45 are not members of the University staff; and
- Two persons appointed by the Senate from among its members; and
- The Bursar, who shall be secretary of the Finance Committee; and
- The Registrar; and
- A representative of the Deans of Faculties appointed by the Council.
(2) The functions of the Finance Committee shall be as provided in the statutes.
5 30 Accounts of University
- The Council shall ensure that proper accounts and other records relating to such accounts are kept in respect of all the University’s activities, funds and property, including such particular accounts and records as the Minister may direct.
- As soon as possible after the end of each financial year, the Council shall
10 prepare and submit to the Minister a statement of accounts in respect of the financial year or in the respect of such other period as the Minister may direct.
31 Service of process
Any writ or other process, notice or document may be served on the University, Council or Senate by serving the same on the Registrar.
15 32 Statutes
- Subject to this Act, the University shall be administered in accordance with the Statutes.
- With approval of the Minister the Council may, by statutory instrument amend, repeal or replace the Statutes set out in the Schedule in order to prescribe
20 all matters which, in terms of this Act, are required or permitted to be prescribed in Statutes or which, in the opinion of the Council, are necessary or convenient to be so prescribed for carrying out or giving effect to this Act or for the proper administration of the University.
(3) Subject to this Act, Statutes made under subsection (2) may provide for—
25 (a) the appointment, conditions of service and functions of the Vice Chancellor and Commandant, the Pro Vice-Chancellors, the Registrar, the Bursar, the Librarian and all other members of staff and the categorisation of such members of staff;
(b) the election or appointment of persons to committees of the Council and
30 the Senate;
- the terms of office of members of the Council and its committees, other than ex officio members thereof;
- the terms of office and conditions of service of the Chairperson and Vice Chairperson of the Council;
35 (e) the convening of meetings of the Council, the Senate and the Convocation
and of committees of the Council and the Senate, the quorum at such meetings and the procedure to be adopted thereat;
- the terms of office of members of the Academic Appointments Board,
and the Non-Academic Staff Promotions Committee, the Academic Staff 40 Promotions Committee, Finance Committee, and Convocation;
- the persons who may enter into contracts and sign documents on behalf of the University, and the procedure to be followed in relation to transactions entered into by or on behalf of the University;
- the establishment and organisation of Faculties, Departments and Centres;
45 (I) the functions of Deans of Faculties, Chairpersons of Departments and Deans of Centres;
- the holding of Convocations of the University for the purpose of conferring degrees, diplomas, certificates and other honours and awards;
- the seal of the University and its use and custody;
- the academic year of the university;
- the discipline of members of staff and students and the procedures to be 5 adopted in respect thereof;
- fees and charges to be paid for anything done by any person of this Act;
- empowering any person specified in the Statutes to make ordinance or rules in respect of any matter referred to in paragraphs (a) to (n).
33 Regulations 10
- Subject to this Act and the Statutes and with the approval of the Council, the Senate may make regulations prescribing any matter, which, in the opinion of the Senate, is appropriate to be prescribed for the better carrying out of the Senate’s functions.
- Regulations may provide— 15
- teaching registered students of the University, whether generally or in relation to specific subjects;
- progress reports to be submitted by members of the academic staff;
- schemes of study and research and the conditions subject to which such
schemes may be embarked upon or continued; 20
- design and develop teaching subjects;
- provide for degree programs and structures;
- the use of libraries of the University;
- the development, production, storage and dispatch of course materials;
- the conduct and supervision of examinations; 25
- the award of degrees, diplomas, certificates and other academic honours and awards, other than honorary degrees, honours and awards.
(3) The Senate may, at any time, amend or repeal any regulations on substantive reasons.
34 Validity of decisions of Council, Senate, Convocation, Boards and 30 Committees
No decision or Act of the Council, Senate, Convocation or any Board or Committee established by or in terms of this Act shall be invalid solely on the ground that—
- Council, Senate, Convocation, Board or Committee, as the case may be, consisted of fewer that the number of members for which provision is 35 made by or in terms of this Act; or
- A disqualified person acted as a member of the Council, Senate, Convocation, Board or Committee, as the case may be, if duly qualified members who took the decision or did or authorised the act constituted a quorum of membership of the Council, Senate, Convocation, Board or 40
SCHEDULE (Sections 2 and 32)
STATUTES OF UNIVERSITY
ARRANGEMENT OF STATUTES
Section
5 1. Appointment of Pro-Vice-Chancellors.
- Length of appointment of members of Council.
- Casual vacancies in Council.
- Meetings and quorum of Council.
- Resolutions by circulation among members of Council.
10 6. Meetings and quorum of Senate.
- Faculties or institutes.
- Deans or directors.
- Functions of deans or directors.
15 11. Evaluation of performance of deans or directors.
- Termination of appointment of deans or directors.
- Composition of faculty or institute boards.
- Functions of faculty or institute boards.
- Meetings of faculty or institute boards.20 Teaching departments.
- Institutes and centres.
- Appointment of Registrar, Bursar and Librarian.
- Procedure generally.
- Financial procedures.25 Auditors.
- University seal.
- Arrangements with other Universities, affiliated bodies, etc.
Appointment of Pro-Vice Chancellors
30 1. (1) For the purpose of considering appointments to the office of Pro-Vice Chancellor, there shall be a joint committee of the Council and the Senate consisting of—
(a) the chairperson of the Council, who shall be chairperson of the joint committee; and
35 (b) the Vice-Chairperson of the Council; and
- the Vice-Chancellor and Commandant; and
- two persons appointed by the Council from among its members who are not members of the Senate; and
- three persons appointed by the Senate from among its members.
40 (2) The joint committee constituted by this Statute shall consider each applicant for appointment to a vacancy in the office of Pro-Vice-Chancellor and shall make recommendations thereon to the Council, and the Council, after considering the joint committee’s recommendation, shall make the appointment concerned with the approval of the Minister.
45 (3) A Pro-Vice-Chancellor shall hold office for three years from the date of his or her appointment and, subject to subsection (2) and the approval of the Minister, shall be eligible for re-appointment.
Length of appointment of members of Council
- Members of the Council, other than ex officio members, shall hold office for three years, and shall be eligible for re-appointment or re-election, as the case may be:
Provided that the five members of the Transformation Board shall be appointed
for a period ending five years after the date of commencement of this Act. 5
- Any member of Council, other than an ex officio member, may resign his
or her membership at any time by notice in writing addressed to the Registrar.
Casual vacancies in Council
- Any casual vacancy occurring among the appointed or elected members of the
Council shall be filled as soon as possible by the person or body which appointed or 10
elected the member whose place has become vacant, and the person so appointed or
elected shall hold office for the remainder of the period for which the person whose
place he or she fills was appointed or elected.
Meetings and quorum of Council
- (1) The Council shall meet at least three times a year. 15
- The quorum of the Council shall be one-half of the members holding office
at the time of the meeting.
Resolutions by circulation among members of Council
- A resolution proposed by the Executive Committee of the Council, other than
for the purpose of making a Statute, which is on its authority circulated by the Registrar 20
to all members of the Council and which receives the written agreement of not less than
two thirds of such members shall, upon receipt of such agreement by the Registrar,
have the same force and effect as a resolution passed at a meeting of the Council.
Meetings and quorum of Senate
- (1) The Senate shall meet at least three times a year. 25
- The quorum of the Senate shall be one-half of the members holding office
at the time of the meeting.
- The Vice-Chancellor and Commandant or, in his or her absence, a Pro-
Vice-Chancellor, shall be chairperson of the Senate.
Convocation 30
- There shall be no quorum for meetings of the Convocation, the proceedings of
which shall be regulated by the chairperson, subject to any general or special direction
of the Council.
Faculties or institutes or centres
- The University shall include such faculties or institutes as may from time to 35
time be established by the Council.
Deans or directors
- (1) There shall be a dean of each faculty or director of each institute, who shall
be appointed by a selection board appointed by the Council and chaired by the Vice-
Chancellor and Commandant or a Pro-Vice-Chancellor. 40
- A dean or director shall hold office for four years and, on the expiry of his or her term of office, shall be eligible for re-appointment.
Functions of deans or directors
- (1) A dean or director shall be responsible to the Vice-Chancellor and Commandant for—
(a) the character and quality of his or her faculties or institute’s academic
5 programmes and teaching; and
- the proper direction, control and management of the staff, property, equipment and finances of his or her faculty or institute; and
- contributing to the evolution and maintenance of a conducive environment for learning at the University.
10 (2) Without limiting subsection (1), a dean’s or director’s functions include— (a) the planning and control of his or her faculties or institute’s budget; and
- implementing the policies and objectives of the University and his or her faculty or institute; and
- developing and maintaining relations with alumni of his or her faculty or
15 institute and with other organisations and persons, with a view to enriching the academic programmes offered by his or her faculty; and
- soliciting funds and other assistance to support programmes and projects of his or her faculty or institute; and
- co-operating with other faculties or institutes, agencies and centres to
20 further the programmes and projects of his or her faculty or institute; and
(f) performing such other functions as may be prescribed by the regulations or ordinance.
Evaluation of performance of deans or directors
- The performance of every dean or director shall be evaluated annually by a
25 committee appointed by the Vice-Chancellor and Commandant and consisting of senior academic staff and administrative staff.
Termination of appointment of deans or directors
- (1) A dean or director may resign his or her office by giving the Vice-Chancellor and Commandant three months’ written notice or such longer or shorter notice as he 30 or she and the Vice-Chancellor and Commandant may agree.
(2) Subject to subsection (3), the Vice-Chancellor may suspend or terminate the appointment of a person as dean or director—
(a) on the recommendation of a committee referred to in Statute 11; or (b) for other good cause.
35 (3) A dean or director whose appointment has been terminated in terms of subsection (2) may appeal to the Council within fourteen days of being notified of the suspension or termination, and on any such appeal the Council may confirm, vary or rescind the suspension or termination, as the case may be, or give such other direction in the matter as it thinks appropriate.
40 Composition of faculty or institute boards
- For each faculty or institute there shall be a faculty or institute board which shall consist—
(a) all the full-time members of the academic staff of the faculty or institute; and
45 (b) such persons as may be assigned to the faculty board by the Senate; and
- two students elected annually by the students in the faculty or institute; and
- one member elected annually by and from among the non-academic fulltime staff of the faculty or institute.
Functions of faculty or institute boards
- A faculty or institute board shall have the following functions—
- to regulate, subject to the approval of the Senate and the dean or director 5 of the faculty, the teaching and study of the subjects assigned to the faculty or institute;
- to report through the dean of faculty, to the Senate on any matter specifically relating to the work of the faculty or institute;
- to deal with any matter referred or delegated to it by the Senate; 10
- to appoint committees, which may include a minority of persons who are not members of the faculty or institute board, to carry out any of the duties or exercise any of the powers of the board.
Meetings of faculty or institute boards
- (1) The dean of each faculty or director of each institute shall call regular 15 meetings of the faculty or institute board at which matters relating to the policy of the faculty or institute and appointments shall be discussed and recommendations adopted for submission to the appropriate authorities on appointments.
(2) The Vice-Chancellor and Commandant and every Pro-Vice-Chancellor
shall be entitled to attend any meeting of a faculty or institute board or any committee 20
thereof.
Teaching departments
- (1) The teaching departments and their allocation to faculties shall be prescribed by ordinance.
- A chairperson of department shall be appointed by the Vice-Chancellor 25 and Commandant, on behalf of the Council, from among the full-time members of the academic staff of the department, after consultation with each member of the academic staff in the department and the dean of the faculty to which the department is allocated.
- A chairperson of department shall hold office for a period of three years, or such other period as may be determined by ordinance, and shall be eligible for 30 re-appointments.
- A department may be allocated to two or more faculties.
Institutes and centers
- The Council, after consultation with the Senate, may establish institutes or centres of learning within or outside the University and shall appoint the head of any such 35 institute or centre and give directions as to its studies and research and administration.
Appointments of Registrar, Bursar and Librarian
- (1) For the purpose of considering appointments to the offices of Registrar, Bursar and Librarian there shall be a joint committee of the Council and Senate
consisting of— 40
- the chairperson of the Council, who shall be the chairperson of the joint committee; and
- the vice-chairperson of the Council; and
- the Vice-Chancellor and Commandant; and
- every Pro-Vice-Chancellor; and 45 (e) two persons appointed by the Council from amongst its members who are not members of the Senate; and
(f) three persons appointed by the Senate from amongst its members.
(2) The joint committee constituted by this Statute shall consider each
5 applicants to a vacancy in the office of Registrar, Bursar, or Librarian and shall make recommendations, thereon to the Council.
Procedure generally
- (1) Except as otherwise specifically provided by this Act or these Statutes, in the absence of the chairperson or vice-chairperson at a meeting of a board or committee,
10 the members present shall elect from those present, a chairperson to preside over that meeting.
(2) Except as otherwise specifically provided by this Act or these Statutes, the quorum at any meeting of a board or committee shall be as fixed by the person or authority that appointed the board or committee.
15 (3) Except as otherwise specifically provided by this Act or these Statutes, each board or committee shall determine and may make rules for the time, place and procedure of its meetings.
(4) The minutes of a meeting of a board or committee shall be laid on the table at the next following meeting of the body that appointed it.
20 (5) At a meeting of board or committee, in the event of an equality of votes on any matter, the person presiding shall have a casting vote in addition to his deliberative vote.
(6) Subsections (3), (4) and (5) shall apply, with such changes as may be necessary, to the Council and Senate, save that minute of the Council shall be sent
25 to the Chancellor and the Minister and a report of each meeting of the Senate shall be laid on the table at a meeting of the Council.
Financial procedures
- (1) The Council shall fix the financial year of the University.
(2) The Finance Committee shall submit to the Council, before the beginning
30 of the financial year, draft estimates of income and expenditure, and such estimates, amended as the Council thinks fit, shall be approved by the Council before the beginning of the financial year.
(3) The Council may revise the estimates during the course of the financial year and give directions for the manner in which amendments of expenditure estimates may
35 be made, which directions may make provision for delegating the powers of revision so long as such delegation does not extend to altering the total estimated expenditure.
(4) As soon as practicable after the end of the financial year, a balance sheet and income and expenditure account, with supporting schedules, shall be submitted to the auditors.
40 (5) The audited accounts, with any comments thereon made by the auditors, shall be submitted to the Council.
Auditors
- (1) Subject to subsections (2) and (3), the Council shall, before the beginning of each financial year, appoint auditors who are registered as Public Auditors in terms 45 of the Public Accountants Act and Auditors Act [Chapter 27:12]
- No person shall be appointed as an auditor in terms of subsection (1) if he or she, or any of his or her partners or employees, holds any other office in the University.
- If no appointment of new auditors is made before the beginning of any financial year, the auditors in office shall continue in office.
(4) An auditor appointed in terms of subsection (1) shall be entitled at all reasonable times to require any officer, employee or agent of the University— | |
(a) to produce all accounts and other records relating to the financial affairs of the University as may be in the custody of such officer, employee or agent; and
(b) to provide such information or explanation as, in the opinion of the auditor, is necessary for the purpose of the audit. University seal 22. (1) There shall be a seal of the University, of such design as may be approved by the Council. (2) The seal of the University shall be kept in the custody of the Registrar and, subject to the directions of the Council, shall be affixed to— (a) certificates, degrees and diplomas conferred by the University; and (b) any documents attested by the signature of the Vice-Chancellor and the Registrar. Ordinances 23. (1) The Council may, with the approval of the Minister, make ordinances providing for any matter referred to in section 32(3) (a) to (p) of this Act. (2) The Registrar shall publish any ordinance made in terms of subsection (1) in such manner which the Council considers will best make the ordinance known to the persons whom it applies. Arrangements with other universities, affiliated bodies, etc. 24. (1) The Council may make arrangements for membership or affiliation with other organisations with similar objectives and interests. (2) The Council may make arrangements with any other university whereby students of the University may be registered as students of such other university and so enabled to study for, enter the examinations of and be afforded the degrees of such other university. (3) The Council may affiliate to the University other institutions or branches or departments thereof and recognise selected members of the staff thereof as teachers of the University and admit the members thereof to any of the privileges of the University and accept attendances at courses of study in such institutions or branches or departments thereof in place of such part of the attendance at courses of study in the University and upon such terms and conditions and subject to such rules as may from time to time be determined by the Council. |
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