CONSTITUTION OF ZIMBABWE as amended at 14th September,2005
“Commission” means the Public Service Commission, the Judicial Service Commission, the Police Service Commission, the Defence Forces Service Commission or the Prison Service Commission.
[Definition as amended by section 15 of Act No. 14 of 1996 - Amendment No. 14]
110
Tenure of office of certain persons
(1) This section shall apply to—
(a) the Attorney-General and every Deputy Attorney-General; and
[Paragraph as substituted by section 14 of Act 4 of 1989 - Amendment No. 8]
(a1) the Ombudsman and the Deputy Ombudsman; and
[Paragraph as inserted by section 14 of Act 4 of 1989 - Amendment No. 8]
(b) any member of the Judicial Service Commission appointed under section
90(1)(d); and
[Paragraph as amended by section 20 of Act 23 of 1987 - Amendment No. 7]
(c) any member of the Public Service Commission, the Police Service Commission, the Defence Forces Service Commission or the Prison Service Commission.
[Paragraph as amended by section 11 of Act 4 of 1993 - Amendment No. 12]
(2) A person to whom this section applies may be removed from office only for
inability to discharge the functions of his office, whether arising from infirmity of body
or mind or any other cause, or for misbehaviour and shall not be so removed except
in accordance with the provisions of this section.
(3) Such person shall be removed from office by the President if the question of
his removal from office has been referred to a tribunal appointed under subsection
(5) and that tribunal has advised the President that he ought to be removed from
office for inability to discharge the functions of his office or for misbehaviour.
(4) If the question of removing a person to whom this section applies has been
referred to a tribunal appointed under subsection (5), the President may suspend that
person from performing the functions of his office and any such suspension—
(a) may at any time be revoked by the President; and
(b) shall cease to have effect if the tribunal advises the President that the
person should not be removed.
[Subsection as amended by section 20 of Act 23 of 1987 - Amendment No. 7]
(5) The tribunal referred to in this section shall consist of a chairman and two
other members appointed by the President, and—
(a) the chairman shall be a person who is or has been a judge of the Supreme
Court or the High Court;
(b) at least one of the other members shall be a person who is and has been for
not less than seven years, whether continuously or not, qualified to practise
as a legal practitioner in Zimbabwe.
[Subsection as amended by section 9 of Act 25 of 1981 - Amendment No. 2
and by section 20 of Act 23 of 1987 - Amendment No. 7]
Reissue
83
14th September, 2005
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