(3) Subject to the provisions of subsection (2) and any Act of Parliament, the Defence Forces shall be under the command of a Commander: Provided that an Act of Parliament may provide that the different branches of the Defence Forces, or any one or more of them, shall be under the command of different Commanders. (4) The Commander of the Defence Forces, and every Commander of a branch of the Defence Forces, shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament. (5) An Act of Parliament shall make provision for the organization, administration and discipline of the Defence Forces, including the appointment of persons to offices or ranks in the Defence Forces, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of se rvice. 97 (1) There shall be a Defence Forces Service Commission which shall consist of — (a) a chairman who, subject to the provisions of section 74 (3), shall be the chairman of the Public Service Commission; and (b) not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President. (2) The persons to be appointed under paragraph (b) of subsection (1) shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment as members. and at least one such member sh all be a person who has held senior rank in the Defence Forces for periods which in the aggregate amount to at least five years. 98 The functions of the Defence Forces Service Commission shall be to tender such advice and do such other things in relation to the Defence Forces as are provided for by this Constitution or by or under an Act of Parliament.; AND WHEREAS it is desirable to make further provisions for the Defence Forces and the Defence Forces Service Commission: NOW, THEREFORE, be it enacted as follows— PART I P RELIMINARY 1 2 Short title This Act may by cited as the Defence Act [Chapter 11:02]. Interpretation (1) In this Act — “active service” means— (a) any operations undertaken by the Defence Forces or other Military Forces against the enemy, including the patrolling of the border areas of Zimbabwe in search of the enemy; and (b) any service declared by the Minister in terms of section one hundred and nine to be active service; “Air Force” means the Air Force referred to in subsection (1) of section 96 of the Constitution; “Army” means the Army referred to in subsection (1) of section 96 of the Constitution; “cantonment” means an area or place declared in terms of section eighty-nine to be a cantonment for the purposes of Part IX; “civil court” means the High Court or a magistrates court; “civil prison” means any building or place declared to be a prison in terms of Part II of the Prisons Act [Chapter 7:11]; “Commander” means the Commander of the Defence Forces appointed in terms of subsection (3) of section 96 of the Constitution; “Commission” means the Defence Forces Service Commission established by section 97 of the Constitution; “commissioned rank” means the rank of— (a) second lieutenant or above in the Army; or (b) air sub-lieutenant or above in the Air Force; “commissioner” means any member of the Commission, including the chairman; “confirming authority” means, in relation to— (a) a sentence of death passed by a court martial— (i) other than a sentence of death passed outside Zimbabwe on a member on active service, the President; (ii) outside Zimbabwe on a member on active service, such authority as the President may designate;