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Section 261: Conduct of officers of National Prosecuting Authority

Constitution of Zimbabwe

(1) The Prosecutor-General and officers of the National Prosecuting Authority must act in accordance with this Constitution and the law.

(2) No officer of the National Prosecuting Authority may, in the exercise of his or her functions—

    (a) act in a partisan manner;

    (b) further the interests of any political party or cause;

    (c) prejudice the lawful interests of any political party or cause; or

    (d) violate the fundamental rights or freedoms of any person.

(3) Officers of the National Prosecuting Authority must not be active members or office- bearers of any political party or organisation.

(4) An Act of Parliament may make further provision to ensure the political neutrality of officers of the National Prosecuting Authority.

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AI Insights

This constitutional provision establishes strict political neutrality requirements for the National Prosecuting Authority. It creates a clear separation between prosecutorial functions and political activities, which is essential for maintaining judicial independence and ensuring equal application of the law. The prohibition against political membership is particularly significant, as it goes beyond merely requiring impartial conduct to prevent even the appearance of bias. This reflects international best practices for prosecutorial services in democratic systems.