PART IV EXECUTIVE FUNCTIONS 98 Executive functions of President (1) The President has the powers conferred by this Constitution and by any Act of Parliament or other law, including any powers necessary to exercise the functions of Head of State and Head of Government, and those powers may be exercised by him directly or through the Vice-President, the Cabinet or a Minister. (2) Without limiting subsection (1) and subject to this Constitution, the President may act in his or her own deliberate judgement and has powers— (a) to prorogue or dissolve Parliament; (b) to make appointments to public offices that this Constitution or any Act of Parliament requires or permits the President to make; (c) to appoint, accredit, receive and recognise diplomatic agents and consular officers; (d) to conclude or execute conventions, treaties and agreements with foreign states and governments and international organisations; (e) to appoint or remove a Vice President or Vice Presidents and Ministers; (f) to assign or reassign functions to a Vice President or Vice Presidents or any Minister; (g) to call a referendum on any issue; (h) to deploy the Defence Forces outside Zimbabwe in accordance with section 188(2); (i) to appoint Provincial Governors in terms of a law regulating such appointments; (j) to appoint Senators in terms of this Constitution. (3) Except as otherwise provided in this Constitution, the President must act on the advice of the Cabinet in the exercise of any function other than a function that is specified in subsection (2). 99 War and peace The President has power to declare war and make peace, but a declaration of war or peace must be revoked unless it is approved by a resolution passed within seven sitting days of the declaration by a joint sitting of the Senate and the National Assembly. 100 Prerogative of mercy (1) The President may exercise the prerogative of mercy, that is to say, may(a) grant a pardon to anyone concerned in or convicted of an offence against any law; (b) grant a respite from the execution of a sentence for any offence for an indefinite or specified period; (c) substitute a less severe punishment for that imposed for any offence; or (d) suspend for a specified period or remit the whole or part of a sentence for any offence or any forfeiture imposed in respect of any offence; and may impose conditions on any such pardon, respite, remission or suspension. (2) Where a person who is resident in Zimbabwe has been convicted in another country of an offence against a law in force in that country, the President may declare that the conviction is - 46 -