CONSTITUTION OF ZIMBABWE as amended at 14th September, 2005
(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;
(b) his conviction is set aside;
(c) his sentence is reduced to a term of imprisonment of less than six months;
or
(d) a punishment other than imprisonment is substituted.
(3) Where as a consequence of the final disposal of the application or appeal the
conviction or sentence is varied in any manner specified in subsection (2), the member shall not vacate his seat, unless he has previously resigned, but shall be entitled to
resume his functions and receive remuneration as a member for the period during
which he ceased to exercise his functions by reason of the provisions of this section.
(4) For the purposes of this section—
(a) two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate
period of such terms;
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14th September, 2005
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