ss 61–74
CONSTITUTION OF ZIMBABWE
(3) The chairman may delegate to another member
of the Public Service Commission his functions as
chairman of the Police Service Commission, the
Defence Forces Service Commission or the Prison
Service Commission.
defended by him from any determination in
such proceedings.
[Subsection as amended by section 7 of Act 4 of 1993]
75 Functions of Public Service Commission
The functions of the Public Service Commission
shall be to tender such advice and do such other
things in relation to the Public Service as are provided
for by this Constitution or by or under an Act of
Parliament.
[Section as substituted by section 8 of Act 4 of 1993]
76 Attorney-General
(1) There shall be an Attorney-General who shall
be the principal legal adviser to the Government and
whose office shall be a public office but shall not
form part of the Public Service.
[Subsection as substituted by section 12 of Act 4 of 1989]
(2) The Attorney-General shall be appointed by
the President after consultation with the Judicial
Service Commission.
[Subsection as substituted by section 12 of Act 4 of 1989]
(3) Before entering upon his office, the AttorneyGeneral shall take and subscribe before the President
or some person authorized by the President in that
behalf the oaths of loyalty and office in the forms set
out in Schedule 1.
[Subsection as substituted by section 12 of Act 4 of 1989]
(3a) A person shall not be qualified to hold or act
in the office of Attorney-General unless he is qualified
for appointment as a judge of the Supreme Court or
the High Court.
[Subsection as inserted by section 12 of Act 4 of 1989]
(3b) The Attorney-General shall, ex officio, be—
(a) a member of the Cabinet, but shall not have
the right to vote therein; and
(b) a member of Parliament, but—
(i) shall not have the right to vote therein;
and
(ii) shall not be eligible for election or
appointment to any office, post or committee of Parliament.
[Subsection as inserted by section 12 of Act 4 of 1989 and as
amended by section 22 of Act 31 of 1989]
(4) The Attorney-General shall have power in any
case in which he considers it desirable so to do—
(a) to institute and undertake criminal proceedings
before any court, not being a court established
by a disciplinary law, and to prosecute or defend an appeal from any determination in such
proceedings;
(b) to take over and continue criminal proceedings
that have been instituted by any other person
or authority before any court, not being a court
established by a disciplinary law, and to prosecute or defend an appeal from any determination in proceedings so taken over by him; and
(c) to discontinue at any stage before judgment is
delivered any criminal proceedings he has instituted under paragraph (a) or taken over under paragraph (b) or any appeal prosecuted or
(4a) The Attorney-General may require the Commissioner of Police to investigate and report to him on
any matter which, in the Attorney-General’s opinion,
relates to any criminal offence or alleged or suspected
criminal
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