CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17 [Subsection as inserted by section 12 of Act 4 of 1989 - Amendment No. 8 and as amended by section 22 of Act 31 of 1989 - Amendment No. 9] (4) The Attorney-General shall have power in any case in which he considers it desirable so to do— (a) to institute and undertake criminal proceedings before any court, not being a court established by a disciplinary law, and to prosecute or defend an appeal from any determination in such proceedings; (b) to take over and continue criminal proceedings that have been instituted by any other person or authority before any court, not being a court established by a disciplinary law, and to prosecute or defend an appeal from any determination in proceedings so taken over by him; and (c) to discontinue at any stage before judgment is delivered any criminal proceedings he has instituted under paragraph (a) or taken over under paragraph (b) or any appeal prosecuted or defended by him from any determination in such proceedings. (4a) The Attorney-General may require the Commissioner of Police to investigate and report to him on any matter which, in the Attorney-General’s opinion, relates to any criminal offence or alleged or suspected criminal offence, and the Commissioner of Police shall comply with that requirement. [Subsection as inserted by section 12 of Act 4 of 1989 - Amendment No. 8] (5) The powers of the Attorney-General under subsection (4) may be exercised by him in person or through other persons acting in accordance with his general or specific instructions. (6) The powers of the Attorney-General under subsection (4)(b) and (c) shall be vested in him to the exclusion of any other person or authority: Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been arraigned before the court. (7) In the exercise of his powers under subsection (4) or (4a), the AttorneyGeneral shall not be subject to the direction or control of any person or authority. [Subsection as amended by section 12 of Act 4 of 1989 - Amendment No. 8] (8) The provisions of subsection (4) shall apply in relation to any case stated or question of law reserved for the purposes of any criminal proceedings to any other court as they apply in relation to an appeal from any determination in criminal proceedings. (9) There shall be one or more Deputy Attorneys-General whose offices shall be public offices but shall not form part of the Public Service. [Subsection as inserted by section 12 of Act 4 of 1989 - Amendment No. 8 and as amended by section 22 of Act 31 of 1989 - Amendment No. 9] (10) A Deputy Attorney-General shall be appointed by the President after consultation with the Judicial Service Commission. [Subsection as inserted by section 12 of Act 4 of 1989 - Amendment No. 8] Consolidation 67 1st October, 2005

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