Constitution

Zambia 1991 Constitution (reviewed 2016)

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Table of Contents

PART XVIII. SERVICES, COMMISSIONS AND OTHER INDEPENDENT OFFICES

Article 216. Principles relating to commissions

A commission shall—

  1. be subject only to this Constitution and the law;
  2. be independent and not be subject to the control of a person or an authority in the performance of its functions;
  3. act with dignity, professionalism, propriety and integrity;
  4. be non-partisan; and
  5. be impartial in the exercise of its authority.

Parliamentary Service Commission

Article 217. Parliamentary Service

  1. There is established the Parliamentary Service.
  2. The office of the Clerk of the National Assembly, members of staff of the Parliamentary Service Commission and members of staff of the office of the Clerk, as prescribed, are offices in the Parliamentary Service.

Article 218. Parliamentary Service Commission

  1. There is established the Parliamentary Service Commission.
  2. The Parliamentary Service Commission shall—
    1. appoint the Clerk of the National Assembly;
    2. constitute offices in the Parliamentary Service;
    3. appoint, confirm, promote and hear appeals from officers of the Parliamentary Service;
    4. ensure efficient and effective functioning of the National Assembly;
    5. have financial oversight of the Parliamentary Service and the National Assembly; and
    6. perform such other functions as prescribed.

Judicial Service Commission

Article 219. Judicial Service

  1. There is established the Judicial Service.
  2. The office of judge, judicial officer, the members of staff of the Judicial Service Commission and such other officers as prescribed, are offices in the Judicial Service.

Article 220. Judicial Service Commission

  1. There is established the Judicial Service Commission.
  2. The Judicial Service Commission shall—
    1. constitute offices in the Judicial Service;
    2. make recommendations to the President on the appointment of judges;
    3. appoint, confirm, promote and hear appeals from judicial officers; and
    4. carry out a function provided for in this Constitution, or as prescribed.

Civil Service Commission

Article 221. Civil Service

  1. There is established the Civil Service.
  2. The office of the Secretary to the Cabinet, Secretary to the Treasury, Deputy Secretary to the Cabinet, civil servants, the members of staff of the Civil Service Commission and other public officers as prescribed, are offices in the Civil Service.

Article 222. Civil Service Commission

  1. There is established the Civil Service Commission.
  2. The Civil Service Commission shall—
    1. constitute offices in the Civil Service;
    2. appoint, confirm, promote and hear appeals from officers in the Civil Service, excluding a Constitutional office holder; and
    3. perform such other functions as prescribed.

Teaching Service Commission

Article 223. Teaching Service

  1. There is established the Teaching Service.
  2. The teachers serving as public officers excluding civil servants, the members of staff of the Teaching Service Commission and other public officers, as prescribed, are offices in the Teaching Service.

Article 224. Teaching Service Commission

  1. There is established the Teaching Service Commission.
  2. The Teaching Service Commission shall—
    1. constitute offices in the Teaching Service;
    2. appoint, confirm, promote and hear appeals from officers of the Teaching Service; and
    3. perform such other functions as prescribed.

Zambia Correctional Service Commission

Article 225. Zambia Correctional Service Commission

  1. There is established the Zambia Correctional Service Commission for the Zambia Correctional Service established in Article 193.
  2. The office of Commissioner-General of Correctional Service, Deputy Commissioners-General of Correctional Service, Commissioners of Correctional Service, Assistant Commissioners of Correctional Service, Correctional officers and wardens, members of staff of the Zambia Correctional Service Commission and such other public officers as prescribed, are offices in the Zambia Correctional Service.
  3. The Zambia Correctional Service Commission shall—
    1. constitute offices in the Zambia Correctional Service;
    2. appoint, confirm, promote and hear appeals from officers of the Zambia Correctional Service; and
    3. perform such other functions as prescribed.

Zambia Police Service Commission

Article 226. Zambia Police Service Commission

  1. There is established the Zambia Police Service Commission for the Zambia Police Service established in Article 193.
  2. The office of the Inspector-General of Police, the Deputy Inspector-General of Police, police officers, the members of staff of the Zambia Police Service Commission and other public officers as prescribed, are offices in the Zambia Police Service.
  3. The Zambia Police Service Commission shall—
    1. constitute offices in the Zambia Police Service;
    2. appoint, confirm, promote and hear appeals from officers of the Zambia Police Service; and
    3. perform such other functions as prescribed.

    Local Government Service Commission

Local Government Service Commission

Article 227. Local Government Service

  1. There is established the Local Government Service.
  2. The office of the Town Clerk, Council Secretary, members of staff of the Local Government Service Commission, the members of staff of local authorities and other local government staff, as prescribed, are offices in the Local Government Service.

Article 228. Local Government Service Commission

  1. There is established the Local Government Service Commission.
  2. The Local Government Service Commission shall—
    1. appoint the Town Clerk and Council Secretary of a local authority;
    2. constitute offices in the Local Government Service;
    3. appoint, confirm, promote and hear appeals from officers of the Local Government Service;
    4. ensure efficient and effective functioning of local authorities; and
    5. perform such other functions as prescribed.

Electoral Commission of Zambia. Electoral Commission of Zambia

Article 229. Electoral Commission of Zambia

  1. There is established the Electoral Commission of Zambia which shall have offices in Provinces and progressively in districts.
  2. The Electoral Commission shall—
    1. implement the electoral process;
    2. conduct elections and referenda;
    3. register voters;
    4. settle minor electoral disputes, as prescribed;
    5. regulate the conduct of voters and candidates;
    6. accredit observers and election agents, as prescribed;
    7. delimit electoral boundaries; and
    8. perform such other functions as prescribed.

Human Rights Commission

Article 230. Human Rights Commission

  1. There is established the Human Rights Commission which shall have offices in the Provinces and progressively in districts.
  2. The Human Rights Commission shall ensure that the Bill of Rights is upheld and protected.
  3. The Human Rights Commission shall—
    1. investigate and report on the observance of rights and freedoms;
    2. take necessary steps to secure appropriate redress where rights and freedoms are violated;
    3. endeavour to resolve a dispute through negotiation, mediation or conciliation;
    4. carry out research on rights and freedoms and related matters;
    5. conduct civic education on rights and freedoms; and
    6. perform such other functions as prescribed.

Gender Equity and Equality Commission

Article 231. Gender Equity and Equality Commission

  1. There is established the Gender Equity and Equality Commission which shall have offices in the Provinces and progressively in districts.
  2. The Gender Equity and Equality Commission shall promote the attainment and mainstreaming of gender equality.
  3. The Gender Equity and Equality Commission shall—
    1. monitor, investigate, research, educate, advise and report on issues concerning gender equality;
    2. ensure institutions comply with legal requirements and other standards relating to gender equality;
    3. take steps to secure appropriate redress to complaints relating to gender inequality, as prescribed; and
    4. perform such other functions as prescribed.

Emoluments Commission

Article 232. Emoluments Commission

  1. There is established the Emoluments Commission.
  2. The Emoluments Commission shall determine, on the recommendation of the relevant authority or commission, the emoluments of public officers, chiefs and members of the House of Chiefs, as provided in this Constitution or as prescribed.

Lands Commission

Article 233. Lands Commission

  1. There is established the Lands Commission which shall have offices in all Provinces and progressively in districts.
  2. The Lands Commission shall administer, manage and alienate land, on behalf of the President, as prescribed.

State Audit Commission

Article 234. State Audit Commission

  1. There is established the State Audit Commission.
  2. The State Audit Commission shall—
    1. subject to Article 249 (2) oversee the operations of the office of the Auditor-General, as prescribed;
    2. make recommendations to the President on the appointment of the Auditor-General; and
    3. perform such other functions as prescribed.

Investigative Commissions

Article 235. Investigative Commissions

There is established the following investigative commissions:

  1. the Anti-Corruption Commission;
  2. the Drug Enforcement Commission; and
  3. the Anti-Financial and Economic Crimes Commission.

Judicial Complaints Commission

Article 236. Judicial Complaints Commission

  1. There is established the Judicial Complaints Commission.
  2. The Judicial Complaints Commission shall—
    1. enforce the Code of Conduct for judges and judicial officers;
    2. ensure that judges and judicial officers are accountable to the people for the performance of their functions;
    3. receive complaints lodged against a judge or judicial officer, as prescribed;
    4. hear a complaint against a judge or judicial officer, as prescribed;
    5. make recommendations to the appropriate institution or authority for action; and
    6. perform such other functions as prescribed.

Police Public Complaints Commission

Article 237. Police Public Complaints Commission

  1. There is established the Police Public Complaints Commission.
  2. The Police Public Complaints Commission shall—
    1. receive and investigate complaints against police actions;
    2. investigate complaints against police actions which result in serious injury or death of a person;
    3. make recommendations to the appropriate institution or authority for action; and
    4. perform such other functions as prescribed.

General Provisions Relating to Commissions

Article 238. Financial independence of commissions

  1. A commission shall be a self-accounting institution which deals directly with the Ministry responsible for finance in matters relating to its finances.
  2. A commission shall be adequately funded in a financial year to enable it to effectively perform its functions.

Article 239. Expenses of commissions

The expenses of a commission, including emoluments payable to, or in respect of, persons serving with that commission, shall be a charge on the Consolidated Fund.

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Article 240. Qualifications of members of commissions

A person qualifies to be appointed as a member of a commission if that person—

  1. is a citizen;
  2. is permanently resident in Zambia;
  3. has not, in the immediate preceding five years, served a term of imprisonment of at least three years;
  4. declares that person’s assets and liabilities, as prescribed;
  5. has paid that person’s taxes or has made arrangements satisfactory to the appropriate tax authority for the payment of the taxes;
  6. does not have a mental or physical disability that would make the person incapable of performing the functions of office;
  7. is not serving a sentence of imprisonment for an offence under a law; and
  8. has other qualifications, as prescribed.

Article 241. General powers of commissions

A commission—

  1. shall appoint its staff;
  2. may refer matters within its mandate to appropriate State organs or State institutions for action;
  3. may initiate its own investigations and receive complaints from a person on matters within its mandate;
  4. shall take measures to ensure that State institutions and other persons comply with its decisions; and
  5. shall submit annual reports to the National Assembly on its accounts and activities as prescribed.

Article 242. Legislation on commissions

The functions, composition, appointment of members, tenure of office of members, processes and procedures, operations, administration, structures, finances and financial management of a commission shall be prescribed.

Other Independent Offices

Public Protector

Article 243. Public Protector

  1. There shall be a Public Protector who shall be appointed by the President, on the recommendation of the Judicial Service Commission, subject to ratification by the National Assembly.
  2. A person qualifies for appointment as Public Protector if that person—
    1. is qualified to be appointed as a judge; and
    2. does not hold a State office or Constitutional office.
  3. The office of Public Protector shall be decentralised to the Provinces and progressively to districts, as prescribed.
  4. The procedures, staff, finances, financial management, administration and operations of the office of the Public Protector shall be prescribed.

Article 244. Functions of Public Protector

  1. The Public Protector may investigate an action or decision taken or omitted to be taken by a State institution in the performance of an administrative function.
  2. For purposes of clause (1), an action or decision taken or omitted to be taken is an action or decision which is—
    1. unfair, unreasonable or illegal; or
    2. not compliant with the rules of natural justice.
  3. For purposes of clauses (1) and (2), the Public Protector may—
    1. bring an action before a court;
    2. hear an appeal by a person relating to an action or decision taken or omitted to be taken in respect of that person; and
    3. make a decision on an action to be taken against a public officer or Constitutional office holder, which decision shall be implemented by an appropriate authority.
  4. The Public Protector shall not be subject to the direction or control of a person or an authority in the performance of the functions of office.
  5. The Public Protector has the same powers as those of the High Court in—
    1. enforcing the attendance of witnesses and examining them on oath;
    2. examining witnesses outside Zambia;
    3. compelling the production of documents;
    4. enforcing decisions issued by the Public Protector; and
    5. citing a person or an authority for contempt for failure to carry out a decision.
  6. A person summoned to give evidence or to produce a document before the Public Protector is entitled, in respect of that evidence or the production of the document, to the same privileges and protection as those that a person would be entitled to before a court.
  7. An answer by a person to a question put by the Public Protector is not admissible in evidence against that person in civil or criminal proceedings, except for perjury.

Article 245. Limitation of powers of Public Protector

The Public Protector shall not investigate a matter which—

  1. is before a court, court martial or a quasi-judicial body;
  2. relates to an officer in the Parliamentary Service or Judicial Service;
  3. involves the relations or dealings between the Government and foreign government or an international organisation;
  4. relates to the exercise of the prerogative of mercy; or
  5. is criminal in nature.

Article 246. Performance of functions of Public Protector during absence, illness or other cause

Where the Public Protector is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of the Public Protector until that appointment is revoked or until the Public Protector returns to office.

Article 247. Tenure of office of Public Protector

  1. Subject to this Article, the Public Protector shall retire from office on attaining the age of sixty years.
  2. The Public Protector may retire, with full benefits, on attaining the age of fifty-five years.
  3. The Public Protector may be removed from office on the same grounds and procedure as apply to a judge.
  4. The Public Protector may resign from office by three months’ notice, in writing, to the President.

Article 248. Report to National Assembly

The office of the Public Protector shall report to the National Assembly on matters concerning its affairs.

Auditor-General

Article 249. Auditor-General

  1. There shall be an Auditor-General who shall be appointed by the President, on the recommendation of the State Audit Commission, subject to ratification by the National Assembly.
  2. The office of Auditor-General shall be decentralised to the Provinces and progressively to districts, as prescribed.
  3. The following shall be prescribed:
    1. the qualifications of the Auditor-General;
    2. the operations and management of the office of the Auditor-General;
    3. the recruitment, supervision, grading, promotion and discipline of the staff of the Auditor-General; and
    4. the finances of the office of the Auditor-General.

Article 250. Functions of Auditor-General

  1. The Auditor-General shall—
    1. audit the accounts of—
      1. State organs, State institutions, provincial administration and local authorities; and
      2. institutions financed from public funds;
    2. audit the accounts that relate to the stocks, shares and stores of the Government;
    3. conduct financial and value for money audits, including forensic audits and any other type of audit, in respect of a project that involves the use of public funds;
    4. ascertain that money appropriated by Parliament or raised by the Government and disbursed—
      1. has been applied for the purpose for which it was appropriated or raised;
      2. was expended in conformity with the authority that governs it; and
      3. was expended economically, efficiently and effectively; and
    5. recommend to the Director of Public Prosecutions or a law enforcement agency any matter within the competence of the Auditor-General, that may require to be prosecuted.
  2. The Auditor-General shall not be subject to the direction or control of a person or an authority in the performance of the functions of office.

Article 251

Performance of functions of Auditor-General during absence, illness or other cause<title.

Where the Auditor-General is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of the Auditor-General until that appointment is revoked or until the Auditor-General returns to office.

Article 252. Tenure of office of Auditor-General

  1. Subject to this Article, the Auditor-General shall retire from office on attaining the age of sixty years.
  2. The Auditor-General may retire, with full benefits, on attaining the age of fifty-five years.
  3. The Auditor-General may be removed from office on the same grounds and procedure as apply to a judge.
  4. The Auditor-General may resign from office by three months’ notice, in writing, to the President.

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