text: (5) In this Constitution, unless the context otherwise requires, a reference to the 
  
  holder of an office by the term designating his or her 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 subsection shall apply to references to the President 
  
  or Vice-President in section 35, 36 or 39 of this Constitution. 
  
  (6) In this Constitution, unless it is otherwise provided or required by the context, 
  
  a reference to the power to make appointments to any office shall be construed as 
  including a reference to the power to make appointments on promotion and transfer and 
  to confirm appointments and to the power to appoint a person to act in or perform the 
  functions of that office at any time when the office is vacant or the holder thereof is 
  unable (whether by reason of absence or infirmity of mind or body or any other cause) to 
  perform the functions of that office. 
  
  (7) References in this Constitution to the power to remove a public officer from 
  his or her office shall be construed as including references to any power conferred by 
  any law to require or permit that officer to retire from the public service: 