ss 103–106 CONSTITUTION OF ZIMBABWE CHAPTER XII MISCELLANEOUS PROVISIONS PART I 109 General provisions as to Commissions, etc General 107 Ombudsman and Deputy Ombudsman (1) There shall be an Ombudsman and, where the President has deemed it desirable, a Deputy Ombudsman, whose offices shall be public offices but shall not form part of the Public Service. (2) The Ombudsman and the Deputy Ombudsman shall be appointed by the President after consultation with the Judicial Service Commission. [Subsection as amended by section 16 of Act 23 of 1987] (2a) If the appointment of an Ombudsman or Deputy Ombudsman is not consistent with any recommendation made by the Judicial Service Commission, the President shall cause Parliament to be informed as soon as is practicable. [Subsection as inserted by section 16 of Act 23 of 1987 and as amended by section 26 of Act 31 of 1989] (3) The Deputy Ombudsman shall— (a) assist the Ombudsman in the exercise of his functions and duties and the Ombudsman may authorize him to exercise any of his functions or duties on his behalf; (b) act as Ombudsman whenever the office of the Ombudsman is vacant or the Ombudsman is for any reason unable to perform the functions of his office. (1) Save as is provided in this Constitution or an Act of Parliament, a Commission shall not, in the exercise of its functions, be subject to the direction or control of any person or authority. (4) An Act of Parliament may make provision for the qualifications and remuneration of the Ombudsman and the Deputy Ombudsman. [Section as substituted by section 6 of Act 4 of 1984] 108 Functions of Ombudsman (1) The Ombudsman may investigate action taken by any officer or authority referred to in subsection (2) in the exercise of the administrative functions of that officer or authority in any case where it is alleged that a person has suffered injustice in consequence of that action and it does not appear that there is any remedy reasonably available by way of proceedings in a court or on appeal from a court. (2) Subject to such exceptions and conditions as may be prescribed by or under an Act of Parliament, the provisions of subsection (1) shall apply in respect of any action taken by the following officers and authorities— (a) any Ministry or department or any member of such Ministry or department; and (b) such other persons or authorities as may be prescribed by or under an Act of Parliament for the purposes of this paragraph. (3) An Act of Parliament may confer other functions on the Ombudsman, and may make provision for the exercise of his functions including, without prejudice to the generality of the foregoing, the officers and authorities whose actions are not subject to investigation by him. [Subsection as amended by section 10 of Act 4 of 1993] 68