Constitution of Zimbabwe (as amended by Constitution Amendment No. 19)
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 Public Protector and the Deputy Public Protector; and
[Paragraph inserted by section 14 of Act 4 of 1989 – Amendment No. 8 – and as
substituted by section 30 of Act 11 of 2007 – Amendment No. 18]
(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]
(6) In computing, for the purposes of subsection (5)(b), the period during
which any person has been qualified to practise as a legal practitioner, any period
during which he was qualified to practise as an advocate or attorney in Zimbabwe
shall be included.
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