Constitution of Zimbabwe (as amended by Constitution Amendment No. 19) (5) The Comptroller and Auditor-General shall exercise in relation to the accounts of the State or the accounts of any authority, body or fund established directly by or under any Act of Parliament for special purposes specified in that Act such other functions as may be prescribed by or under an Act of Parliament. (6) In the exercise of his functions under subsections (1), (2), (3) and (4), the Comptroller and Auditor-General shall not be subject to the direction or control of any person or authority other than the House of Assembly. [Subsection as amended by section 26 of Act 31 of 1989 – Amendment No. 9 – and by section 23 of Act No. 5 of 2005 – Amendment No. 17] CHAPTER XII MISCELLANEOUS PROVISIONS PART I General 107 Public Protector and Deputy Public Protector (1) There shall be a Public Protector and, where the President has deemed it desirable, a Deputy Public Protector, whose offices shall be public offices but shall not form part of the Public Service. (2) The Public Protector and the Deputy Public Protector shall be appointed by the President after consultation with the Judicial Service Commission and the Committee on Standing Rules and Orders. (3) If the appointment of a Public Protector or Deputy Public Protector is not consistent with any recommendation made by the Judicial Service Commission, the President shall cause the Senate to be informed as soon as is practicable. (4) The Deputy Public Protector shall— (a) assist the Public Protector in the exercise of his functions and duties and the Public Protector may authorize him to exercise any of his functions or duties on his behalf; (b) act as Public Protector whenever the office of the Public Protector is vacant or the Public Protector is for any reason unable to perform the functions of his office. (5) An Act of Parliament may make provision for the qualifications and remuneration of the Public Protector and the Deputy Public Protector. [Section substituted by section 28 of Act 11 of 2007 – Amendment No. 18] 108 Functions of Public Protector (1) Subject to section 108B(7), the Public Protector may investigate action taken by any officer, person or authority referred to in subsection (2) in the exercise of the administrative functions of that officer, person or authority in any case where it is alleged that a person has suffered injustice in consequence of that action and it does not appear that there is any remedy reasonably available by way of proceedings in a court or on appeal from a court. - 97 -