Difference between revisions of "The Constitution of Zimbabwe"

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(1) There shall be a Police Force which, together with such other bodies as may be established by law for the purpose, shall have the function of preserving the internal security of and maintaining law and order in Zimbabwe.
 
(1) There shall be a Police Force which, together with such other bodies as may be established by law for the purpose, shall have the function of preserving the internal security of and maintaining law and order in Zimbabwe.
 +
 
(2) Subject to the provisions of an Act of Parliament, the Police Force shall be under the command of the Commissioner of Police, who shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.
 
(2) Subject to the provisions of an Act of Parliament, the Police Force shall be under the command of the Commissioner of Police, who shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.
 +
 
(3) An Act of Parliament shall make provision for the organisation, administration and discipline of the Police Force, including the appointment of persons to offices or ranks in the Police Force, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.
 
(3) An Act of Parliament shall make provision for the organisation, administration and discipline of the Police Force, including the appointment of persons to offices or ranks in the Police Force, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.
  
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Article 94 Police Service Commission
+
'''Article 94 Police Service Commission'''
 +
 
  
 +
 
(a) a chairman who, subject to the provisions of section 74(3), shall be the chairman of the Public Service Commission; and
 
(a) a chairman who, subject to the provisions of section 74(3), shall be the chairman of the Public Service Commission; and
 +
 
(b) not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.
 
(b) not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.
 +
 
(2) The persons to be appointed under subsection (1)(b) shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment, and at least one such member shall be a person who has held senior rank in the Police Force for periods which in the aggregate amount to at least five years.
 
(2) The persons to be appointed under subsection (1)(b) shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment, and at least one such member shall be a person who has held senior rank in the Police Force for periods which in the aggregate amount to at least five years.
  
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Article 95 Functions of Police Service Commission
+
'''Article 95 Functions of Police Service Commission'''
 +
 
 
The functions of the Police Service Commission shall be to tender such advice and do such other things in relation to the Police Force as are provided for by this Constitution or by or under an Act of Parliament.
 
The functions of the Police Service Commission shall be to tender such advice and do such other things in relation to the Police Force as are provided for by this Constitution or by or under an Act of Parliament.
 +
 
(Chapter as substituted by s.9 of Act 4 of 1993 - Amdmt No.12, with effect from 1.10.1995)
 
(Chapter as substituted by s.9 of Act 4 of 1993 - Amdmt No.12, with effect from 1.10.1995)
  
 +
== CHAPTER 10 ==
  
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CHAPTER 10-
+
===THE DEFENCE FORCES===
−
THE DEFENCE FORCES
 
  
 +
'''Article 96 Defence Forces and command thereof'''
  
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Article 96 Defence Forces and command thereof
 
 
(1) For the purpose of defending Zimbabwe, there shall be Defence Forces consisting of an Army, an Air Force and such other branches, if any, of the Defence Forces as may be provided for by or under an Act of Parliament.
 
(1) For the purpose of defending Zimbabwe, there shall be Defence Forces consisting of an Army, an Air Force and such other branches, if any, of the Defence Forces as may be provided for by or under an Act of Parliament.
 +
 
(2) The supreme command of the Defence Forces shall vest in the President as Commander-in-Chief and, in the exercise of his functions as such, the President shall have power to determine the operational use of the Defence Forces.
 
(2) The supreme command of the Defence Forces shall vest in the President as Commander-in-Chief and, in the exercise of his functions as such, the President shall have power to determine the operational use of the Defence Forces.
 +
 
(3) Subject to the provisions of subsection (2) and any Act of Parliament, the Defence Forces shall be under the command of a Commander:
 
(3) Subject to the provisions of subsection (2) and any Act of Parliament, the Defence Forces shall be under the command of a Commander:
 
Provided that an Act of Parliament may provide that the different branches of the Defence Forces, or any one or more of them, shall be under the command of different Commanders.
 
Provided that an Act of Parliament may provide that the different branches of the Defence Forces, or any one or more of them, shall be under the command of different Commanders.
 +
 
(4) The Commander of the Defence Forces, and every Commander of a branch of the Defence Forces, shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.
 
(4) The Commander of the Defence Forces, and every Commander of a branch of the Defence Forces, shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.
 +
 
(5) An Act of Parliament shall make provision for the organisation, administration and discipline of the Defence Forces, including the appointment of persons to offices or ranks in the Defence Forces, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.
 
(5) An Act of Parliament shall make provision for the organisation, administration and discipline of the Defence Forces, including the appointment of persons to offices or ranks in the Defence Forces, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.
  
−
Article 97 Defence Forces Service Commission
+
'''Article 97 Defence Forces Service Commission'''
 +
 
  
 +
 
(a) a chairman who, subject to the provisions of section 74(3), shall be the chairman of the Public Service Commission; and
 
(a) a chairman who, subject to the provisions of section 74(3), shall be the chairman of the Public Service Commission; and
 +
 
(b) not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.
 
(b) not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.
 +
 
(2) The persons to be appointed under subsection (1) shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment, and at least one such member shall be a person who has held senior rank in the Defence Forces for periods which in the aggregate amount to at least five years.
 
(2) The persons to be appointed under subsection (1) shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment, and at least one such member shall be a person who has held senior rank in the Defence Forces for periods which in the aggregate amount to at least five years.
  
−
Article 98 Functions of Defence Forces Service Commission
+
'''Article 98 Functions of Defence Forces Service Commission'''
 +
 
 
The functions of the Defence Forces Service Commission shall be to tender such advice and do such other things in relation to the Defence Forces as are provided for by this Constitution or by or under an Act of Parliament.
 
The functions of the Defence Forces Service Commission shall be to tender such advice and do such other things in relation to the Defence Forces as are provided for by this Constitution or by or under an Act of Parliament.
 +
 
(Chapter as substituted by s.9 of Act 4 of 1993 - Amdmt No.12, with effect from 1.7.1994)
 
(Chapter as substituted by s.9 of Act 4 of 1993 - Amdmt No.12, with effect from 1.7.1994)
  
 +
== CHAPTER 10A ==
  
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CHAPTER 10A-
+
===THE PRISON SERVICE===
−
THE PRISON SERVICE
 
  
 +
'''Article 99 Prison Service and Commissioner of Prisons'''
  
−
Article 99 Prison Service and Commissioner of Prisons
 
 
(1) There shall be a Prison Service for the administration of prisons in Zimbabwe and for the protection of society from criminals through the incarceration and rehabilitation of offenders and their re-integration into society.
 
(1) There shall be a Prison Service for the administration of prisons in Zimbabwe and for the protection of society from criminals through the incarceration and rehabilitation of offenders and their re-integration into society.
 +
 
(2) Subject to the provisions of an Act of Parliament, the Prison Service shall be under the command of the Commissioner of Prisons, who shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.
 
(2) Subject to the provisions of an Act of Parliament, the Prison Service shall be under the command of the Commissioner of Prisons, who shall be appointed by the President after consultation with such person or authority as may be prescribed by or under an Act of Parliament.
 +
 
(3) An Act of Parliament shall make provision for the organisation, administration and discipline of the Prison Service, including the appointment of persons to offices or ranks in the Prison Service, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.
 
(3) An Act of Parliament shall make provision for the organisation, administration and discipline of the Prison Service, including the appointment of persons to offices or ranks in the Prison Service, their removal from office or reduction in rank, their punishment for breaches of discipline and the fixing of their conditions of service.
  
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Article 100 Prison Service Commission
+
'''Article 100 Prison Service Commission'''
 +
 
  
 +
 
(a) a chairman who, subject to the provisions of section 74(3), shall be the chairman of the Public Service Commission; and
 
(a) a chairman who, subject to the provisions of section 74(3), shall be the chairman of the Public Service Commission; and
 +
 
(b) not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.
 
(b) not less than two and not more than seven other members appointed, subject to the provisions of subsection (2), by the President.
 +
 
(2) The persons to be appointed under subsection (1)(b) shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment as members, and at least one such member shall be a person who has held the rank of Superintendent or any more senior rank in the Prison Service for periods which in the aggregate amount to at least five years.
 
(2) The persons to be appointed under subsection (1)(b) shall be chosen for their ability and experience in administration or their professional qualifications or their suitability otherwise for appointment as members, and at least one such member shall be a person who has held the rank of Superintendent or any more senior rank in the Prison Service for periods which in the aggregate amount to at least five years.
  
−
Article 100A Functions of Prison Service Commission
+
'''Article 100A Functions of Prison Service Commission'''
 +
 
 
The functions of the Prison Service Commission shall be to tender such advice and do such other things in relation to the Prison Service as are provided for by this Constitution or by or under an Act of Parliament.
 
The functions of the Prison Service Commission shall be to tender such advice and do such other things in relation to the Prison Service as are provided for by this Constitution or by or under an Act of Parliament.
 +
 
(Chapter as inserted by s.9 of Act 4 of 1993 - Amdmt No.12, with effect from 18.8.1995)
 
(Chapter as inserted by s.9 of Act 4 of 1993 - Amdmt No.12, with effect from 18.8.1995)
  
 +
== CHAPTER 11 ==
  
−
CHAPTER 11-
+
===FINANCE===
−
FINANCE
 
  
 +
'''Article 101 Consolidated Revenue Fund'''
  
−
Article 101 Consolidated Revenue Fund
 
  
 +
 
(a) are payable by or under an Act of Parliament into some other fund established for a specific purpose; or
 
(a) are payable by or under an Act of Parliament into some other fund established for a specific purpose; or
 +
 
(b) may, by or under an Act of Parliament, be retained by the authority that received them for the purpose of defraying the expenses of that authority;
 
(b) may, by or under an Act of Parliament, be retained by the authority that received them for the purpose of defraying the expenses of that authority;
 
shall be paid into and form one Consolidated Revenue Fund.
 
shall be paid into and form one Consolidated Revenue Fund.
  
−
Article 102 Withdrawals from Consolidated Revenue Fund or other public fund
+
'''Article 102 Withdrawals from Consolidated Revenue Fund or other public fund'''
 +
 
  
 +
 
(a) to meet expenditure that is charged upon that Fund by this Constitution or by an Act of Parliament; or
 
(a) to meet expenditure that is charged upon that Fund by this Constitution or by an Act of Parliament; or
 +
 
(b) where the issue of those moneys has been authorised by an Appropriation or other Act made pursuant to the provisions of section 103.
 
(b) where the issue of those moneys has been authorised by an Appropriation or other Act made pursuant to the provisions of section 103.
 +
 
(2) Where any moneys are charged by this Constitution or an Act of Parliament upon the Consolidated Revenue Fund or any other public fund, they shall be paid out of that fund by the Government to the person or authority to whom payment is due.
 
(2) Where any moneys are charged by this Constitution or an Act of Parliament upon the Consolidated Revenue Fund or any other public fund, they shall be paid out of that fund by the Government to the person or authority to whom payment is due.
 +
 
(3) No moneys shall be withdrawn from any public fund, other than the Consolidated Revenue Fund, unless the issue of those moneys has been authorised by or under an Act of Parliament.
 
(3) No moneys shall be withdrawn from any public fund, other than the Consolidated Revenue Fund, unless the issue of those moneys has been authorised by or under an Act of Parliament.
 +
 
(4) An Act of Parliament may prescribe the manner in which withdrawals may be made from the Consolidated Revenue Fund or any other public fund.
 
(4) An Act of Parliament may prescribe the manner in which withdrawals may be made from the Consolidated Revenue Fund or any other public fund.
 +
 
(5) The investment of moneys forming part of the Consolidated Revenue Fund shall be made in such manner as may be prescribed by or under an Act of Parliament.
 
(5) The investment of moneys forming part of the Consolidated Revenue Fund shall be made in such manner as may be prescribed by or under an Act of Parliament.
 +
 
(6) Notwithstanding the provisions of subsection (1), provision may be made by or under an Act of Parliament authorising withdrawals to be made from the Consolidated Revenue Fund for the purpose of making repayable advances.
 
(6) Notwithstanding the provisions of subsection (1), provision may be made by or under an Act of Parliament authorising withdrawals to be made from the Consolidated Revenue Fund for the purpose of making repayable advances.
  
−
Article 103 Authorisation of expenditure from Consolidated Revenue Fund
+
'''Article 103 Authorisation of expenditure from Consolidated Revenue Fund'''
 +
 
 
(1) The Minister for the time being responsible for finance shall cause to be prepared and laid before Parliament, on a day on which Parliament sits, before or not later than thirty days after the start of each financial year estimates of the revenue and expenditure of Zimbabwe for that financial year:
 
(1) The Minister for the time being responsible for finance shall cause to be prepared and laid before Parliament, on a day on which Parliament sits, before or not later than thirty days after the start of each financial year estimates of the revenue and expenditure of Zimbabwe for that financial year:
 +
 
Provided that if, by reason of the prorogation or dissolution of Parliament, the provisions of this subsection cannot be complied with, the estimates of the revenue and expenditure shall be laid before Parliament on a day on which Parliament sits not later than thirty days after the date on which Parliament first meets after that prorogation or dissolution.
 
Provided that if, by reason of the prorogation or dissolution of Parliament, the provisions of this subsection cannot be complied with, the estimates of the revenue and expenditure shall be laid before Parliament on a day on which Parliament sits not later than thirty days after the date on which Parliament first meets after that prorogation or dissolution.
 +
 
(2) When the estimates of expenditure, other than expenditure charged upon the Consolidated Revenue Fund by this Constitution or an Act of Parliament, have been approved by Parliament, a Bill, to be known as an Appropriation Bill, shall be introduced into Parliament providing for the issue from the Consolidated Revenue Fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several heads of expenditure approved, to the purposes specified therein.
 
(2) When the estimates of expenditure, other than expenditure charged upon the Consolidated Revenue Fund by this Constitution or an Act of Parliament, have been approved by Parliament, a Bill, to be known as an Appropriation Bill, shall be introduced into Parliament providing for the issue from the Consolidated Revenue Fund of the sums necessary to meet that expenditure and the appropriation of those sums, under separate votes for the several heads of expenditure approved, to the purposes specified therein.
 +
 
(3) If in respect of any financial year it is found that the amount appropriated by the Appropriation Act to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that Act, a supplementary estimate showing the sums required shall be laid before Parliament and, when such estimates have been approved by Parliament, a supplementary Appropriation Bill shall be introduced into Parliament providing for the issue of such sums from the Consolidated Revenue Fund and the appropriation of those sums, under separate votes for the several heads of expenditure approved, to the purposes specified therein.
 
(3) If in respect of any financial year it is found that the amount appropriated by the Appropriation Act to any purpose is insufficient or that a need has arisen for expenditure for a purpose to which no amount has been appropriated by that Act, a supplementary estimate showing the sums required shall be laid before Parliament and, when such estimates have been approved by Parliament, a supplementary Appropriation Bill shall be introduced into Parliament providing for the issue of such sums from the Consolidated Revenue Fund and the appropriation of those sums, under separate votes for the several heads of expenditure approved, to the purposes specified therein.
 +
 
(4) An Act of Parliament may make provision for the President, where he is satisfied that there is an urgent need for expenditure which was unforeseen or the extent of which was unforeseen and for which no other provision exists, to authorise the withdrawal from the Consolidated Revenue Fund of moneys for the purpose of meeting that expenditure and any moneys so withdrawn shall be included in supplementary or additional estimates which shall be laid before Parliament on one of the fourteen days on which Parliament sits next after the authorisation of such withdrawal and, when such estimates have been approved by Parliament, a supplementary or additional Appropriation Bill shall be introduced into Parliament providing that the sums so withdrawn shall be charged upon the Consolidated Revenue Fund and that they shall be appropriated, under separate votes for the several heads of expenditure approved, to the purposes specified therein:
 
(4) An Act of Parliament may make provision for the President, where he is satisfied that there is an urgent need for expenditure which was unforeseen or the extent of which was unforeseen and for which no other provision exists, to authorise the withdrawal from the Consolidated Revenue Fund of moneys for the purpose of meeting that expenditure and any moneys so withdrawn shall be included in supplementary or additional estimates which shall be laid before Parliament on one of the fourteen days on which Parliament sits next after the authorisation of such withdrawal and, when such estimates have been approved by Parliament, a supplementary or additional Appropriation Bill shall be introduced into Parliament providing that the sums so withdrawn shall be charged upon the Consolidated Revenue Fund and that they shall be appropriated, under separate votes for the several heads of expenditure approved, to the purposes specified therein:
 
Provided that the aggregate of all moneys so authorised to be withdrawn shall not at any one time prior to the consequential estimates having been approved by Parliament exceed one and one-half per centum of the total amount appropriated in the last main Appropriation Act.
 
Provided that the aggregate of all moneys so authorised to be withdrawn shall not at any one time prior to the consequential estimates having been approved by Parliament exceed one and one-half per centum of the total amount appropriated in the last main Appropriation Act.
 +
 
(5) If in respect of any financial year it is found that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose under this Chapter or for a purpose to which no amount has been appropriated under this Chapter, the Minister for the time being responsible for finance shall cause to be introduced into Parliament on one of the fourteen days on which Parliament sits next after the extent of the unauthorised expenditure has been established a Bill providing for the condonation of such unauthorised expenditure.
 
(5) If in respect of any financial year it is found that any moneys have been expended for any purpose in excess of the amount appropriated to that purpose under this Chapter or for a purpose to which no amount has been appropriated under this Chapter, the Minister for the time being responsible for finance shall cause to be introduced into Parliament on one of the fourteen days on which Parliament sits next after the extent of the unauthorised expenditure has been established a Bill providing for the condonation of such unauthorised expenditure.
 +
 
(6) An Act of Parliament may make provision under which, if the Appropriation Act in respect of any financial year has not come into operation by the beginning of that financial year, the President may authorise the withdrawal of moneys from the Consolidated Revenue Fund for the purpose of meeting expenditure necessary to carry on the services of the Government during the period commencing with the beginning of that financial year and expiring four months thereafter or on the coming into operation of the Act, whichever is the earlier:
 
(6) An Act of Parliament may make provision under which, if the Appropriation Act in respect of any financial year has not come into operation by the beginning of that financial year, the President may authorise the withdrawal of moneys from the Consolidated Revenue Fund for the purpose of meeting expenditure necessary to carry on the services of the Government during the period commencing with the beginning of that financial year and expiring four months thereafter or on the coming into operation of the Act, whichever is the earlier:
 +
  
 +
 
(a) the aggregate of all moneys so authorised to be withdrawn shall not exceed one-third of the sums included in the estimates of expenditure for the preceding financial year that have been laid before Parliament;
 
(a) the aggregate of all moneys so authorised to be withdrawn shall not exceed one-third of the sums included in the estimates of expenditure for the preceding financial year that have been laid before Parliament;
 +
 
(b) any moneys so withdrawn shall be included in the Appropriation Act under separate votes and shall be accounted for in accordance with the provisions thereof.
 
(b) any moneys so withdrawn shall be included in the Appropriation Act under separate votes and shall be accounted for in accordance with the provisions thereof.
 +
 
(7) An Act of Parliament may make provision under which, where at any time Parliament has been dissolved before any provision or sufficient provision is made under this Chapter for the carrying on of the government of Zimbabwe, the President may authorise the withdrawal of moneys from the Consolidated Revenue Fund for the purpose of meeting expenditure necessary to carry on the services of the Government during the period beginning on the dissolution of Parliament and expiring three months after the day on which Parliament first meets after that dissolution and any moneys so withdrawn shall be included in an Appropriation Act under separate votes and shall be accounted for in accordance with the provisions thereof.
 
(7) An Act of Parliament may make provision under which, where at any time Parliament has been dissolved before any provision or sufficient provision is made under this Chapter for the carrying on of the government of Zimbabwe, the President may authorise the withdrawal of moneys from the Consolidated Revenue Fund for the purpose of meeting expenditure necessary to carry on the services of the Government during the period beginning on the dissolution of Parliament and expiring three months after the day on which Parliament first meets after that dissolution and any moneys so withdrawn shall be included in an Appropriation Act under separate votes and shall be accounted for in accordance with the provisions thereof.
 +
 
(Section as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Section as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
  
−
Article 104 Public debt
+
'''Article 104 Public debt'''
 +
 
 
(1) All debt charges for which the Government is liable shall be charged upon the Consolidated Revenue Fund.
 
(1) All debt charges for which the Government is liable shall be charged upon the Consolidated Revenue Fund.
 +
 
(2) The costs and charges and expenses incurred incidental to the collection and management of the Consolidated Revenue Fund shall form the first charge thereon.
 
(2) The costs and charges and expenses incurred incidental to the collection and management of the Consolidated Revenue Fund shall form the first charge thereon.
 +
 
(3) For the purposes of this section, debt charges include interest, sinking fund charges, the repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Revenue Fund and the service and redemption of debt created thereby.
 
(3) For the purposes of this section, debt charges include interest, sinking fund charges, the repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Revenue Fund and the service and redemption of debt created thereby.
  
−
Article 105 Comptroller and Auditor-General
+
'''Article 105 Comptroller and Auditor-General'''
 +
 
 
(1) There shall be a Comptroller and Auditor-General whose office shall be a public office but shall not form part of the Public Service.
 
(1) There shall be a Comptroller and Auditor-General whose office shall be a public office but shall not form part of the Public Service.
 +
 
(2) The Comptroller and Auditor-General shall be appointed by the President after consultation with the Public Service Commission.
 
(2) The Comptroller and Auditor-General shall be appointed by the President after consultation with the Public Service Commission.
 +
 
(Subsection as substituted by s.15 of Act 23 of 1987 - Amdmt No.7)
 
(Subsection as substituted by s.15 of Act 23 of 1987 - Amdmt No.7)
 +
 
(2a) If the appointment of a Comptroller and Auditor-General by the President is not consistent with any recommendation made by the Public Service Commission, the President shall cause Parliament to be informed as soon as is practicable.
 
(2a) If the appointment of a Comptroller and Auditor-General by the President is not consistent with any recommendation made by the Public Service Commission, the President shall cause Parliament to be informed as soon as is practicable.
 +
 
(Subsection as inserted by s.15 of Act 23 of 1987 - Amdmt No.7; and amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as inserted by s.15 of Act 23 of 1987 - Amdmt No.7; and amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 +
 
(3) A person shall not be qualified to hold or act in the office of Comptroller and Auditor-General unless he has held the post of Secretary of, or Deputy Secretary or Under Secretary in, a Ministry or a post in the Public Service of a grade equivalent to or higher than that of Under Secretary for periods which in the aggregate amount to at least five years.
 
(3) A person shall not be qualified to hold or act in the office of Comptroller and Auditor-General unless he has held the post of Secretary of, or Deputy Secretary or Under Secretary in, a Ministry or a post in the Public Service of a grade equivalent to or higher than that of Under Secretary for periods which in the aggregate amount to at least five years.
 +
 
(4) The Comptroller and Auditor-General shall, subject to the provisions of subsection (5), hold office on such terms and conditions as are fixed by the President after consultation with the Public Service Commission.
 
(4) The Comptroller and Auditor-General shall, subject to the provisions of subsection (5), hold office on such terms and conditions as are fixed by the President after consultation with the Public Service Commission.
 +
 
(Subsection as amended by s.7 of Act 4 of 1984 - Amdmt No.4; and s.15 of Act 23 of 1987  Amdmt No.7)
 
(Subsection as amended by s.7 of Act 4 of 1984 - Amdmt No.4; and s.15 of Act 23 of 1987  Amdmt No.7)
 +
 
(5) The Comptroller and Auditor-General may only be removed from office by the President if Parliament has resolved by the affirmative votes of more than one-half of its total membership that he be removed from office for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehaviour.
 
(5) The Comptroller and Auditor-General may only be removed from office by the President if Parliament has resolved by the affirmative votes of more than one-half of its total membership that he be removed from office for inability to discharge the functions of his office, whether arising from infirmity of body or mind or any other cause, or for misbehaviour.
 +
 
(Subsection as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
 
(Subsection as amended by s.26 of Act 31 of 1989 - Amdmt No.9)
  

Revision as of 11:04, 16 April 2010

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