(6) The powers of the Attorney-General under this section may be exercised through other persons acting in accordance with his or her general or specific instructions. (7) An Act of Parliament may confer or impose additional functions on the AttorneyGeneral, but they must not prejudice his or her independence or otherwise be incompatible with this Chapter. 176 Independence of Attorney-General In the exercise of his or her powers regarding criminal prosecutions, the Attorney-General. is not subject to the direction or control of anyone else, and he or she must be guided by the public interest, the interests, of the administration of justice and the need to prevent abuse of legal process. 177 'Conditions of service of Attorney-General (1) The Attorney-General is entitled to the salary, allowances and other benefits that are prescribed under an Act of Parliament. (2) The salary and allowances of the Attorney-General must be charged upon and paid out of the Consolidated Revenue Fund. (3) The salary, allowances and other benefits of the Attorney-General must not be reduced during his or her tenure of office. 178 Removal from office of Attorney-General (1) The Attorney-General may be removed from office by the President on the advice of the Judicial Service Commission, but only for gross incompetence or misbehaviour or for mental or physical disability that incapacitates the Attorney-General from exercising the functions of the office. (2) The procedure prescribed in this Constitution for the removal of judges from office must be followed for the removal of the Attorney-General from office. 179 Deputy Attorney-General (1) To assist the Attorney-General in the exercise of his or her functions, there must be one or more Deputy Attorneys-General, whose offices are public offices but do not form part of the Public Service. (2) The Deputy Attorney-General or, if there is more than one, a Deputy Attorney-General designated by the President, acts as Attorney-General whenever the office of Attorney-General is vacant or the Attorney-General is unable to exercise his or her functions, but when the Deputy Attorney-General acts as Attorney-General he or she does not become a member of Cabinet and has no right to sit or speak in either House of Parliament. (3) ) The provisions of this Chapter relating to the Attorney-General's appointment, qualifications, oath of office, independence, conditions of service and removal from office apply also to every Deputy Attorney-General. - 69 -

Select target paragraph3

Add to table of contents