Constitution of Zimbabwe (as amended by Constitution Amendment No. 19) (5) In this Constitution, unless the context otherwise requires, a reference to the power to appoint a person to any public office shall be construed as including a reference to the like power— (a) to reappoint him to that office; (b) to appoint him on promotion or transfer to that office; (c) to appoint him to act in that office; (d) to fix and vary his conditions of service in that office, including his remuneration and the period of his appointment and any benefits to him in respect of the termination of his appointment. [Subsection as substituted by section 15 of Act 30 of 1990 – Amendment No. 11] 114 Supplementary provisions (1) Any power, jurisdiction or right conferred by this Constitution may be exercised and any duty imposed by this Constitution shall be performed from time to time as occasion requires. (1a) Where any power, jurisdiction or right is conferred by this Constitution, any other powers that are reasonably necessary or incidental to its exercise shall be deemed also to have been conferred. [Subsection as inserted by section 16 of Act 30 of 1990 – Amendment No. 11] (2) Subject to the provisions of section 31E(3), where any person has vacated any office established by this Constitution, he may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution. [Subsection as amended by section 20 of Act 23 of 1987 – Amendment No. 7] (3) For the purposes of this Constitution, no person shall be deemed to hold public office by reason only of the fact that he is in receipt of a pension, half-pay, retired pay or any other like allowance in respect of service in an office that was at the relevant time a public office. (3a) A body established by or in terms of this Constitution may act notwithstanding any vacancy in its membership if the members of the body who authorise or perform the act concerned constitute a quorum of the membership of that body. [Subsection as inserted by section 19 of Act 23 of 1987 – Amendment No. 7] (3b) Except as otherwise provided in this Constitution or in any law or rule regulating the proceedings of the body concerned, one-half of the membership of any body established by or in terms of this Constitution shall constitute a quorum of the membership of that body. [Subsection as inserted by section 19 of Act 23 of 1987 – Amendment No. 7] (4) Any reference in this Constitution to the affirmative votes of not less than two-thirds of a body shall, when the number of its membership is not a multiple of three, be interpreted to mean that the number of votes shall be not less than the integer next above two-thirds of the number of its membership. - 108 -