CONSTITUTION OF ZIMBABWE (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) (q) on the dissolution of Parliament next following his election or appointment; if he resigns his seat by notice, in writing, to the Speaker or to the Secretary to Parliament; if he is absent from twenty-one consecutive sittings during any session without the leave of Parliament and Parliament has resolved, by the affirmative votes of more than one-half of its total membership, that the seat shall become vacant; if, being a member referred to in section 38 (1) (a) and having ceased to be a member of the political party of which he was a member at the date of his election to Parliament, the political party concerned, by written notice to the Speaker, declares that he has ceased to represent its interests in Parliament; if he becomes President; if he becomes Speaker; if, being a member referred to in section 38 (1) (a), he accepts office as Provincial Governor; if, being a member referred to in section 38 (1) (b), he ceases to hold office as Provincial Governor; if he accepts any public office or office as a member of a statutory body or local authority or employment as an employee of a statutory body or local authority; if, being a public officer or a member or employee of a statutory body or local authority at the time he became a member of Parliament, he fails to terminate his appointment or employment as such within fourteen days of the date he became a member of Parliament; in the circumstances set out in section 42; if he is required, by virtue of the provisions of section 43, to vacate his seat; if he is found or declared in accordance with any Act relating to mental health to be mentally disordered or defective as defined in that Act; if he is declared by order of the High Court to be incapable of managing his own affairs; if he has been convicted of an offence under the Electoral Law and has been declared by the High Court under the powers conferred by the Electoral Law to be disqualified for registration as a voter or from voting at any election; if for a continuous period of six months or more he has been the subject of a preventive detention order under any law providing for the preventive detention of persons. [Subsection as substituted by section 9 of Act 31 of 1989] (2) For the purposes of paragraphs (j) and (k) of subsection (1), a person shall not be deemed to hold public office solely by reason of— (a) being a Vice-President, a Minister, Deputy Minister or Provincial Governor; or [Paragraph as amended by section 9 of Act 15 of 1990] (b) (c) being a member of any of the Defence Forces whose services in peace-time are not wholly in the service of the State; or being a member of the reserve forces of the Police Force whose services are not wholly in the employment of the State; or (d) holding office for which he is not entitled to be paid any remuneration, other than payment by way of travelling and subsistence allowances or out-of-pocket expenses; or being a member of the Council of Chiefs. (e) [Subsection as substituted by section 9 of Act 31 of 1989] (3) For the purposes of this section— (a) any person who is appointed to a council, board or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body shall be regarded as a member of that statutory body; (b) “statutory body” means— (i) any Commission established by this Constitution; (ii) any body corporate established directly by or under any Act of Parliament for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice-President, a Minister, any other statutory body or by a Commission established by this Constitution. [Subparagraph as amended by section 8 of Act 4 of 1989 and by section 9 of Act 15 of 1990] (4) The provisions of this section shall not apply to the Attorney-General. [Subsection as inserted by section 8 of Act 4 of 1989] 42 Members sentenced to death or to imprisonment (1) Subject to the provisions of this section, in the event of a member of Parliament being convicted— (a) within Zimbabwe of a criminal offence; or (b) outside Zimbabwe of an offence, by whatever name called, which if committed within Zimbabwe would have been a criminal offence; and being sentenced by a court to death or imprisonment, by whatever name called, for a term of six months or more, such member shall cease forthwith to exercise his functions and to be entitled to any remuneration as a member and his seat shall become vacant at the expiration of thirty days from the date of such sentence. [Subsection as amended by section 9 of Act 4 of 1989 and by section 26 of Act 31 of 1989] (2) If, during the period of thirty days referred to in subsection (1), an application for a free pardon is made or an appeal is lodged, the question whether the member is to vacate his seat shall not be determined until the abandonment or final disposal of such application or appeal, whereupon the member shall forthwith vacate his seat unless— (a) he is granted a free pardon; (b) his conviction is set aside; (c) his sentence is reduced to a term of imprisonment of less than six months; or (d) a punishment other than imprisonment is substituted. (3) Where as a consequence of the final disposal of the application or appeal the conviction or sentence is varied in any manner specified in subsection (2), the member shall not vacate his seat, unless he has previously resigned, but shall be entitled to resume 41 ss 40A–41