CHAPTER VIII ATTORNEY-GENERAL 174 Appointment of Attorney-General (1) There must be an Attorney-General, whose office is a public office but does not form part of the Public Service. (2) The Attorney-General is appointed by the President after consultation with the Judicial Service Commission. (3) A person is qualified for appointment as Attorney-General if he or she is qualified for appointment as a judge. (4) Before commencing the duties of office, the Attorney-General must take the oath of office in the form set out in the First Schedule. 175 Functions and powers of Attorney-General (1) The Attorney-General is the principal legal adviser to the Government. (2) By virtue of office, the Attorney-General is– (a) a member of the Cabinet, but does not have the right to vote; and (b) a member of both Houses of Parliament, but has no right to vote in either House and must not be elected to any office, post or committee of either House. (3) The Attorney-General has power– (a) to undertake criminal prosecutions on behalf of the State in any court, other than a court established by a disciplinary law; (b) to prosecute or defend appeals from decisions in criminal proceedings undertaken on behalf of the State; (c) to take over and continue criminal proceedings that have been instituted by other persons or authorities in courts, other than courts established by a disciplinary law; (d) to prosecute or defend appeals from decisions in proceedings taken over by him or her; and (e) at any stage before judgment is delivered, to discontinue(i) criminal proceedings he or she has undertaken or taken over; or (ii) any appeal from a decision in criminal proceedings he or she has taken over; and, subject to this Constitution, these powers are vested exclusively in the Attorney-General and in persons acting in accordance with the Attorney-General's general or specific instructions. (4) The Attorney-General may require the Commissioner-General of Police to investigate and report on anything which, in the Attorney-General's opinion, relates to an offence or alleged or suspected offence, and the Commissioner-General of Police must comply with the requirement. (5) In his capacity as the Government's legal adviser, the functions of the Attorney-General include– (a) providing the Government with legal advice and legal services; (b) drawing up contracts, treaties and other documents for the Government; and (c) providing the Government with legal representation in courts in Zimbabwe. - 68 -