CONSTITUTION OF ZIMBABWE offence, and the Commissioner of Police shall comply with that requirement. [Subsection as inserted by section 12 of Act 4 of 1989] (5) The powers of the Attorney-General under subsection (4) may be exercised by him in person or through other persons acting in accordance with his general or specific instructions. (6) The powers of the Attorney-General under subsection (4) (b) and (c) shall be vested in him to the exclusion of any other person or authority: Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority at any stage before the person against whom the proceedings have been instituted has been arraigned before the court. (7) In the exercise of his powers under subsection (4) or 4 (a), the Attorney-General shall not be subject to the direction or control of any person or authority. [Subsection as amended by section 12 of Act 4 of 1989] (8) The provisions of subsection (4) shall apply in relation to any case stated or question of law reserved for the purposes of any criminal proceedings to any other court as they apply in relation to an appeal from any determination in criminal proceedings. (9) There shall be one or more Deputy AttorneysGeneral whose offices shall be public offices but shall not form part of the Public Service. [Subsection as inserted by section 12 of Act 4 of 1989 and as amended by section 22 of Act 31 of 1989] (10) A Deputy Attorney-General shall be appointed by the President after consultation with the Judicial Service Commission. [Subsection as inserted by section 12 of Act 4 of 1989] (11) A person shall not be qualified to hold or act in the office of Deputy 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] (12) A Deputy Attorney-General shall assist the Attorney-General in the exercise of his functions, and shall perform such other functions as the AttorneyGeneral may assign to him. [Subsection as inserted by section 12 of Act 4 of 1989] (13) The Deputy Attorney-General or, if there is more than one such Deputy, a Deputy AttorneyGeneral designated by the President, shall act as Attorney-General whenever the office of AttorneyGeneral is vacant or the Attorney-General is for any reason unable to perform the functions of his office: Provided that a Deputy Attorney-General who acts shall not— (a) be a member of the Cabinet; or (b) be entitled to sit or speak in Parliament. [Subsection as inserted by section 12 of Act 4 of 1989 and as amended by section 22 of Act 31 of 1989] (14) There shall be charged upon and paid out of the Consolidated Revenue Fund to a person who holds or is acting in the office of Attorney-General such salary and allowances as may from time to time be prescribed by or under an Act of Parliament. [Subsection as inserted by section 12 of Act 4 of 1989] 53 ss 74–76

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