ss 31H–31J CONSTITUTION OF ZIMBABWE PART 3 by this Constitution or by the law concerned, as the case may be, to consult any other person or authority before making the appointment or effecting the removal. Executive Functions 31H Executive functions of President (1) The executive authority of Zimbabwe shall vest in the President and, subject to the provisions of this Constitution, may be exercised by him directly or through the Cabinet, a Vice-President, a Minister or a Deputy Minister. [Subsection as amended by section 9 of Act 15 of 1990] (2) It shall be the duty of the President to uphold this Constitution and ensure that the provisions of this Constitution and of all other laws in force in Zimbabwe are faithfully executed. (3) The President shall have such powers as are conferred upon him by this Constitution or by or under any Act of Parliament or other law or convention and, subject to any provision made by Parliament, shall, as Head of State, in addition have such prerogative powers as were exercisable before the appointed day. (4) Without prejudice to the generality of subsection (3), the President shall have power, subject to the provisions of this Constitution— (a) to appoint, accredit, receive and recognize diplomatic agents and consular officers; and (b) to enter into international conventions, treaties and agreements; and (c) to proclaim and to terminate martial law; and (d) to declare war and to make peace; and (e) to confer honours and precedence. (5) In the exercise of his functions the President shall act on the advice of the Cabinet, except in cases where he is required by this Constitution or any other law to act on the advice of any other person or authority: Provided that the President shall not be obliged to act on the advice of the Cabinet with respect to— (a) the dissolution or prorogation of Parliament; or (b) the appointment or removal of a Vice-President or any Minister or Deputy Minister; or [Paragraph as amended by section 9 of Act 15 of 1990] (b1) subject to the provisions of an Act of Parliament such as is referred to in section 111A, the appointment or removal of a Provincial Governor in terms of such Act; or [Paragraph as inserted by section 5 of Act 4 of 1989 and as amended by section 9 of Act 15 of 1990] (c) the assignment or reassignment of functions to a Vice-President or any Minister or Deputy Minister or with respect to the cancellation of any such assignment or reassignment of functions; or [Paragraph as amended by section 9 of Act 15 of 1990] (c1) the designation of a Vice-President or Minister in terms of section 31 (1); or [Paragraph as inserted by section 5 of Act 15 of 1990] (c2) the appointment of members of Parliament in terms of section 38 (1) (d); or [Paragraph as inserted by section 5 of Act 15 of 1990] (d) the appointment of any person to an office or post in terms of this Constitution or any other law, or the removal of any person from such an office or post, where the President is required 34

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