CONSTITUTION OF ZIMBABWE as amended by Amendment No. 17 [Subsection as amended by section 9 of Act 4 of 1989 - Amendment No. 8 and by section 26 of Act 31 of 1989 - Amendment No. 9] (2) If, during the period of thirty days referred to in subsection (1), an application for a free pardon is made or an appeal is lodged, the question whether the member is to vacate his seat shall not be determined until the abandonment or final disposal of such application or appeal, whereupon the member shall forthwith vacate his seat unless— (a) he is granted a free pardon; (b) his conviction is set aside; (c) his sentence is reduced to a term of imprisonment of less than six months; or (d) a punishment other than imprisonment is substituted. (3) Where as a consequence of the final disposal of the application or appeal the conviction or sentence is varied in any manner specified in subsection (2), the member shall not vacate his seat, unless he has previously resigned, but shall be entitled to resume his functions and receive remuneration as a member for the period during which he ceased to exercise his functions by reason of the provisions of this section. (4) For the purposes of this section— (a) two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of such terms; (b) two or more terms of imprisonment that are required to be served concurrently shall be regarded as a single term of imprisonment for the period of the longest of such terms; (c) a person shall be regarded as sentenced notwithstanding that the execution of the sentence or any part thereof has been suspended; (d) no account shall be taken of any sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine. (5) The provisions of this section shall not apply to the Attorney-General. [Subsection as inserted by section 9 of Act 4 of 1989 - Amendment No. 8] 43 Expulsion or suspension of members convicted of certain offences (1) Subject to the provisions of this section, if— (a) a member of Parliament is convicted of an offence referred to in section 42(1) and is sentenced to imprisonment for a lesser period than that specified in that subsection or to a fine or other punishment not specified in that subsection; and (b) the Senate or the House of Assembly, as the case may be, after taking into account the nature of the offence and the sentence imposed, resolves, by the affirmative votes of not less than two-thirds of its total membership, that the member is unfit to continue as a member or that the member should be suspended from the service of the Senate or the House of Assembly for such period, not exceeding six months, as the Senate or the House of Assembly may specify; Consolidation 53 1st October, 2005