Supreme Court and of the High Court, and to the offices of Chairman,
Deputy Chairman, and members of the Industrial Relations Court.
(3) In this Constitution references to an office in the public service shall
not be construed as including references to the office of
Attorney-General, or a member of any Commission established by this
Constitution or by an Act of Parliament or to the office of the Clerk of
the National Assembly or any office in the department of the Clerk of
the National Assembly.
(4) For the purposes of this Constitution, a person shall not be
considered as holding a public office by reason only of the fact that he is
in receipt of a pension or other like allowance in respect of service under
the Government of Zambia or of its predecessor Government.
(5) A person shall not be regarded as disqualified for appointment to
any office to which a public officer is not qualified to be appointed by
reason only that he holds a public office if he is on leave of absence
pending relinquishment of that office.
(6) In this Constitution, unless the context otherwise requires, a
reference to the holder of an office by the term designating his office
shall be construed as including a reference to any person for the time
being lawfully acting in or performing the functions of that office:
Provided that nothing in this clause shall apply to references to the
President or Vice-President in Articles 36, 37, 39 or 45.
(7) References in this Constitution to the power to remove a public
officer from his office shall be construed as including references to any
power conferred by any law to require or permit that officer to retire
from public service:
Provided that nothing in this clause shall be construed as conferring on
any person or authority power to require a judge of the Supreme Court
or of the High Court, the Investigator-General, the Auditor-General or
the Director of Public Prosecutions to retire from the public service.
(8) Any provision in this Constitution that vests in any person or