All Constitution Sections

Section 313: Removal of Auditor-General from office

Constitution of Zimbabwe

(1) The Auditor-General may be removed from office only for—

    (a) inability to perform the functions of his or her office because of mental or physical

incapacity;

    (b) gross incompetence; or

    (c) gross misconduct.

(2) If the Minister responsible for finance, with the concurrence of the parliamentary committee responsible for public accounts, informs the President that the question of removing the Auditor-General from office ought to be investigated, the President must appoint a tribunal to inquire into the matter.

(3) A tribunal appointed under subsection (2) must consist of at least three members appointed by the President, of whom—

    (a) at least one must be a person who has served as a judge; and

    (b) at least one must be chosen from a panel of at least three persons who have been

nominated by the institute or association established by law to represent public

auditors in Zimbabwe.

(4) The institute or association referred to in subsection (3)    (b) must nominate the panel referred to in that subsection when called upon to do so by the President.

(5) A tribunal appointed under subsection (2) must inquire into the question of removing the Auditor-General from office and, having done so, must report its findings to the President and recommend whether or not the Auditor-General should be removed, and if the tribunal so recommends the President must, by order under the public seal, remove the Auditor-General from office.

(6) A tribunal appointed under subsection (2) has the same rights and powers as commissioners under the Commissions of Inquiry Act [Chapter 10:07], or any law that replaces that Act.

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AI Insights

This section establishes critical safeguards for the independence of the Auditor-General by creating a structured, multi-step removal process that requires both parliamentary and executive involvement. By limiting removal to specific grounds and requiring an independent tribunal investigation, the constitution prevents arbitrary dismissal of this key oversight official. The mandatory inclusion of both judicial experience and professional auditing expertise on the tribunal ensures a balanced assessment of any allegations against the Auditor-General.