Constitution of Zimbabwe (as amended by Constitution Amendment No. 19) (c) being a member of the reserve forces of the Police Force whose services are not wholly in the employment of the State; or (d) holding office for which he is not entitled to be paid any remuneration, other than payment by way of travelling and subsistence allowances or out-of-pocket expenses; or (e) being a member of the Council of Chiefs. [Subsection as substituted by section 9 of Act 31 of 1989 – Amendment No. 9] (3) For the purposes of this section— (a) any person who is appointed to a council, board or other authority which is a statutory body or which is responsible for the administration of the affairs of a statutory body shall be regarded as a member of that statutory body; (b) “statutory body” means— (i) any Commission established by this Constitution; (ii) any body corporate established directly by or under any Act of Parliament for special purposes specified in that Act, the membership of which consists wholly or mainly of persons appointed by the President, a Vice-President, a Minister, any other statutory body or by a Commission established by this Constitution. [Subparagraph as amended by section 8 of Act 4 of 1989 – Amendment No. 8 and by section 9 of Act 15 of 1990 – Amendment No. 10] (4) The provisions of this section shall not apply to the Attorney-General. [Subsection as inserted by section 8 of Act 4 of 1989 – Amendment No. 8] 42 Members sentenced to death or to imprisonment (1) Subject to the provisions of this section, in the event of a member of Parliament being convicted— (a) within Zimbabwe of a criminal offence; or (b) outside Zimbabwe of an offence, by whatever name called, which if committed within Zimbabwe would have been a criminal offence; and being sentenced by a court to death or imprisonment, by whatever name called, for a term of six months or more, such member shall cease forthwith to exercise his functions and to be entitled to any remuneration as a member and his seat shall become vacant at the expiration of thirty days from the date of such sentence. [Subsection as amended by section 9 of Act 4 of 1989 – Amendment No. 8 and by section 26 of Act 31 of 1989 – Amendment No. 9] (2) If, during the period of thirty days referred to in subsection (1), an application for a free pardon is made or an appeal is lodged, the question whether the member is to vacate his seat shall not be determined until the abandonment or final disposal of such application or appeal, whereupon the member shall forthwith vacate his seat unless— (a) he is granted a free pardon; - 57 -