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
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