constituteproject.org PDF generated: 26 Sep 2013, 21:49 (5) Subject to any provision of this Constitution that may limit the period or number of terms that anyone may serve in a particular office, a person who has vacated an office established by this Constitution may, if qualified, be re-appointed or re-elected to the office. 341 Resignations (1) Any person who is appointed or elected to an office established by this Constitution may resign from that office by written notice addressed to the person that appointed or elected the office-holder concerned, but in the case of-(a) the President, the notice must be addressed to the Speaker; (b) the President of the Senate or his deputy, the notice must be addressed to the Clerk of Parliament or announced to the Senate; (c) the Speaker or Deputy Speaker of the National Assembly, the notice must be addressed to the Clerk of Parliament or announced to the National Assembly; (d) a Senator, the notice must be addressed to the president of the Senate; (e) a Member of the National Assembly, the notice must be addressed to the Speaker; (f) a member of a provincial council, the notice must be addressed to the chairperson of the council; (g) a member of a metropolitan council, the notice must be addressed to the mayor of the province; (h) a member of a local authority, the notice must be addressed to the chief executive officer of the council. (2) A person's resignation from an office established by this Constitution takes effect on the date or at the time indicated in the notice of resignation or, if no date or time is indicated, when the notice is received by the person to whom it is addressed or by anyone else who is authorised by that person to receive it. 342 Exercise of functions, etc (1) A power, jurisdiction or right conferred by this Constitution may be exercised, and a duty imposed by this Constitution must be performed, whenever it is appropriate to do so. (2) All institutions established by this Constitution have all powers necessary for them to fulfil their objectives and exercise their functions. (3) Where a power, jurisdiction or right is conferred by this Constitution, any other powers or rights that are reasonably necessary or incidental to its exercise are impliedly conferred as well. 343 When person not regarded as holding public office For the purposes of this Constitution, persons are not to be regarded as holding public office solely on the ground that they receive a pension, half-pay, retirement pay or some other similar allowance in respect of previous service in a public office. Zimbabwe 2013 Page 145

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