All Constitution Sections

Section 340: Appointments

Constitution of Zimbabwe

(1) Except as otherwise provided in this Constitution, a power under this Constitution to appoint a person to an office includes a similar power—

    (a) to reappoint the person to that office;

    (b) to appoint a person on promotion or transfer to that office;

    (c) to appoint a person to act in that office;

    (d) to appoint a person to that office while it is held by someone else who is on leave of

absence pending relinquishment of the office;

    (e) to fix and vary the person’s conditions of service in that office, including the person’s

remuneration and period of appointment and any benefits on termination of service;

and

    (f) subject to this Constitution, to suspend or remove the person from office.

(2) Where two or more persons hold the same office as a result of a person being appointed to it while the incumbent is on leave of absence pending relinquishment of the office, the person last appointed must be regarded as the sole holder of the office.

(3) Subject to this Constitution, an Act of Parliament may provide for the appointment of one or more deputies to any person holding an office under this Constitution and may provide for their functions and conditions of service.

(4) Where a deputy is appointed to a person holding an office under this Constitution, the deputy may exercise any of the functions of the office whenever the office-holder is for any reason unable to perform them.

(5) Subject to any provision of this Constitution that may limit the period or number of terms that anyone may serve in a particular office, a person who has vacated an office established by this Constitution may, if qualified, be re-appointed or re-elected to the office.

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AI Insights

Insight: Appointment Powers and Succession Planning

This section establishes a comprehensive framework for appointments that ensures continuity in government operations. It clarifies that appointment powers extend beyond simply filling a position to include actions like temporary appointments, promotions, and setting service conditions. The provision for deputies and acting appointments reflects a practical approach to governance, ensuring that government functions can continue uninterrupted even when officeholders are unavailable. The clarification about who holds authority when multiple people technically occupy the same position (the last appointee) prevents potential power conflicts during transition periods.