constituteproject.org PDF generated: 26 Sep 2013, 21:49 339 Advice and consultation (1) Whenever this Constitution requires any person or authority to act on the advice of anyone else, the person or authority must-(a) inform the other person, in writing, what he or she proposes to do and provide the other person with enough information to enable the other person to understand the nature and effect of the proposed act; and (b) afford the other person a reasonable opportunity to tender advice; and the person or authority is obliged to follow the advice tendered by the other person. (2) Whenever this Constitution requires any person or authority to consult anyone else, or to act after consultation with anyone else, the person or authority must-(a) inform the other person, in writing, what he or she proposes to do and provide the other person with enough information to enable the other person to understand the nature and effect of the proposed act; (b) afford the other person a reasonable opportunity to make recommendations or representations about the proposal; and (c) give careful consideration to any recommendations or representations that the other person may make about the proposal; but the person or authority is not obliged to follow any recommendations made by the other person. 340 Appointments (1) Except as otherwise provided in this Constitution, a power under this Constitution to appoint a person to an office includes a similar power-(a) to reappoint the person to that office; (b) to appoint a person on promotion or transfer to that office; (c) to appoint a person to act in that office; (d) to appoint a person to that office while it is held by someone else who is on leave of absence pending relinquishment of the office; (e) to fix and vary the person's conditions of service in that office, including the person's remuneration and period of appointment and any benefits on termination of service; and (f) subject to this Constitution, to suspend or remove the person from office. (2) Where two or more persons hold the same office as a result of a person being appointed to it while the incumbent is on leave of absence pending relinquishment of the office, the person last appointed must be regarded as the sole holder of the office. (3) Subject to this Constitution, an Act of Parliament may provide for the appointment of one or more deputies to any person holding an office under this Constitution and may provide for their functions and conditions of service. (4) Where a deputy is appointed to a person holding an office under this Constitution, the deputy may exercise any of the functions of the office whenever the office-holder is for any reason unable to perform them. Zimbabwe 2013 Page 144