CONSTITUTION OF ZIMBABWE as amended at 14th September, 2005 76 Attorney-General (1) There shall be an Attorney-General who shall be the principal legal adviser to the Government and whose office shall be a public office but shall not form part of the Public Service. [Subsection as substituted by section 12 of Act 4 of 1989 - Amendment No. 8] (2) The Attorney-General shall be appointed by the President after consultation with the Judicial Service Commission. [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 authorized 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 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 of Police shall comply with that requirement. Reissue 62 14th September, 2005