Constitution of Zimbabwe (as amended by Constitution Amendment No. 19) [Subsection as substituted by section 12 of Act 4 of 1989 – Amendment No. 8] (3) Before entering upon his office, the Attorney-General shall take and subscribe before the President or some person authorised by the President in that behalf the oaths of loyalty and office in the forms set out in Schedule 1. [Subsection as substituted by section 12 of Act 4 of 1989 – Amendment No. 8] (3a) A person shall not be qualified to hold or act in the office of AttorneyGeneral unless he is qualified for appointment as a judge of the Supreme Court or the High Court. [Subsection as inserted by section 12 of Act 4 of 1989 – Amendment No. 8] (3b) The Attorney-General shall, ex officio, be— (a) a member of the Cabinet, but shall not have the right to vote therein; and (b) a member of Parliament, but— (i) shall not have the right to vote therein; and (ii) shall not be eligible for election or appointment to any office, post or committee of Parliament. [Subsection as inserted by section 12 of Act 4 of 1989 – Amendment No. 8 and as amended by section 22 of Act 31 of 1989 – Amendment No. 9] (4) The Attorney-General shall have power in any case in which he considers it desirable so to do— (a) to institute and undertake criminal proceedings before any court, not being a court established by a disciplinary law, and to prosecute or defend an appeal from any determination in such proceedings; (b) to take over and continue criminal proceedings that have been instituted by any other person or authority before any court, not being a court established by a disciplinary law, and to prosecute or defend an appeal from any determination in proceedings so taken over by him; and (c) to discontinue at any stage before judgment is delivered any criminal proceedings he has instituted under paragraph (a) or taken over under paragraph (b) or any appeal prosecuted or defended by him from any determination in such proceedings. (4a) The Attorney-General may require the Commissioner-General of Police to investigate and report to him on any matter which, in the Attorney-General’s opinion, relates to any criminal offence or alleged or suspected criminal offence, and the Commissioner-General of Police shall comply with that requirement. [Subsection as inserted by section 12 of Act 4 of 1989 – Amendment No. 8 – and amended by section 15 of Act 11 of 2007 – Amendment No. 18] (5) The powers of the Attorney-General under subsection (4) may be exercised by him in person or through other persons acting in accordance with his general or specific instructions. (6) The powers of the Attorney-General under subsection (4)(b) and (c) shall be vested in him to the exclusion of any other person or authority: Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those - 70 -