The Emoluments Commission Act, 2022

Emoluments Commission [No. 1 of 2022 1
THE EMOLUMENTS COMMISSION ACT, 2022
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
3. Supremacy of Act
PART II
THE EMOLUMENTS COMMISSION
4. Seal of Commission
5. Functions of Commission
6. Composition of Commission
7. Proceedings of Commission
8. Ad hoc committees
9. Emoluments of members
10. Director-General and other staff
11. Disclosure of interest
12. Prohibition of publication or disclosure of information to unauthorised
persons
13. Oath on appointment
14. Immunity
PART III
DETERMINATION OF EMOLUMENTS AND FACTORS FOR CONSIDERATION
15. Principles for determination of emoluments
16. Review cycle
17. Special review
18. Study to precede review
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K20.00 each.

ew
18. Study to precede review
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K20.00 each.

2 No. 1 of 2022] Emoluments Commission
19. Procedure for submission of proposals
20. Factors to be considered when preparing and submitting proposals
21. Requirement to submit data annually
22. Determination of emoluments
23. Communication of approved emoluments
24. Hiring of expert
25. Application to Commission
PART IV
FINANCIAL PROVISIONS
26. Funds of Commission
27. Financial year
28. Accounts
29. Annual report
PART V
GENERAL PROVISIONS
30. Directive of Commission on non-compliance
31. Compliance notice by Commission
32. Privileged reports
33. Non-compliance by relevant authority
34. General offence
35. Regulations
36. Transitional provisions

e notice by Commission
32. Privileged reports
33. Non-compliance by relevant authority
34. General offence
35. Regulations
36. Transitional provisions

An Act to provide for the membership, functions, operations
and financial management of the Emoluments Commission;
provide for a harmonised framework to govern the
determination and management of emoluments for chiefs
and officers in a State organ and State institution; enhance
the capacity of a State organ and State institution to attract,
retain and motivate officers and staff with requisite
qualifications, skills and experience in order to improve
service delivery; and provide for matters connected with,
or incidental to, the foregoing. [12th April, 2022
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY
1. This Act may be cited as the Emoluments Commission
Act, 2022 and shall come into operation on the date appointed by
the President by Statutory Instrument. 2. In this Act, unless the context otherwise requires—
“associate” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“Chairperson” means the person appointed Chairperson of
the Commission under section 6;
“chief” has the meaning assigned to the word in the
Constitution;
“Commission” means the Emoluments Commission
established under Article 232 of the Constitution;
Emoluments Commission [No.

e word in the
Constitution;
“Commission” means the Emoluments Commission
established under Article 232 of the Constitution;
Emoluments Commission [No.

1 of 2022 3
Enactment
Short title
and
commencement
Interpretation
Act No. 3 of
2012
Cap. 1
Cap. 1
GOVERNMENT OF ZAMBIA
ACT
No. 1 of 2022
Date of Assent: 8th April, 2022

ent
Short title
and
commencement
Interpretation
Act No. 3 of
2012
Cap. 1
Cap. 1
GOVERNMENT OF ZAMBIA
ACT
No. 1 of 2022
Date of Assent: 8th April, 2022

“Constitutional office holder” has the meaning assigned
to the words in the Constitution;
“councillor” has the meaning assigned to the word in the
Constitution;
“Director-General” means the person appointed as
Director-General of the Commission under section 10;
“emoluments” has the meaning assigned to the word in
the Constitution;
“legally disqualified” means the absence of legal capacity
as provided under section 4 of the Mental Health Act,
2019;
“member” means a person appointed as a member of the
Commission under section 6;
“Member of Parliament” has the meaning assigned to the
words in the Constitution;
“oath” has the meaning assigned to the word in the
Constitution;
“officer” means a public officer, State officer, councillor,
Constitutional office holder and judge;
“pay policy” means a framework of intended action on
emoluments by a State organ or State institution to
enhance the capacity to attract and motivate personnel
with requisite skills and experience;
“political party” has the meaning assigned to the words in
the Constitution;
“public officer” has the meaning assigned to the words in
the Constitution;
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“relevant authority” means the authority responsible for
recommending emoluments of a chief, State organ or
State institution;
“State institution” has the meaning assigned to the words
in the Constitution;
“State officer” has the meaning assigned to the words in
the Constitution;
“State organ” has the meaning assigned to the words in
the Constitution; and
“Vice-Chairperson” means the person elected Vice-
Chairperson of the Commission under section 6.

eaning assigned to the words in
the Constitution; and
“Vice-Chairperson” means the person elected Vice-
Chairperson of the Commission under section 6.

4 No. 1 of 2022] Emoluments Commission
Cap. 1
Cap. 1
Cap. 1
Act No. 6 of
2019
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Act No. 3 of
2012
Cap. 1
Cap. 1
Cap. 1

4 No. 1 of 2022] Emoluments Commission
Cap. 1
Cap. 1
Cap. 1
Act No. 6 of
2019
Cap. 1
Cap. 1
Cap. 1
Cap. 1
Act No. 3 of
2012
Cap. 1
Cap. 1
Cap. 1

Emoluments Commission [No. 1 of 2022 5
3. Subject to the Constitution, where there is an inconsistency
between the provisions of this Act and the provisions of any other
written law on the determination of emoluments, the provisions
of this Act shall prevail to the extent of the inconsistency. PART II
THE EMOLUMENTS COMMISSION
4. (1) The seal of the Commission shall be a device that may
be determined by the Commission and kept by the Director-General
or an officer designated by the Director-Genreal. (2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Director-General or
any other person authorised in that behalf by a resolution of the
Commission. (3) A contract or instrument which, if entered into or executed
by a person not being a body corporate, would not be required to
be under seal may be entered into or executed without seal on
behalf of the Commission by the Director-General or any other
person generally or specifically authorised by the Commission in
that behalf.

ut seal on
behalf of the Commission by the Director-General or any other
person generally or specifically authorised by the Commission in
that behalf.

(4) A document purporting to be under the seal of the
Commission or issued on behalf of the Commission shall be
received in evidence and shall be deemed to be so executed or
issued, without further proof, unless the contrary is proved. 5. (1) Subject to the Constitution, the Commission shall
determine, harmonise and rationalise emoluments for a chief and
an officer in a State organ or State institution. (2) Despite the generality of subsection (1), the functions of
the Commission are to —
(a) ensure compliance of the provisions of this Act by a
State organ, State institution and the House of Chiefs;
(b) formulate and review the pay policy relating to a State
organ, State institution and the House of Chiefs;
(c) issue guidelines to relevant authorities on the
parameters of emoluments for officers;
(d) harmonise and rationalise emoluments to ensure
fairness and equity;
(e) coordinate and undertake research on emoluments
to facilitate the development of standards relating to
the determination of emoluments;
S u p r e ma c y
of Act
Functions of
Commission
Cap. 1
Seal of
Commission
Cap. 1

development of standards relating to
the determination of emoluments;
S u p r e ma c y
of Act
Functions of
Commission
Cap. 1
Seal of
Commission
Cap. 1

6 No. 1 of 2022] Emoluments Commission
(f) establish a framework for the determination of
emoluments;
(g) coordinate the undertaking of a job analysis and
evaluation of salary structures of a chief or an
officer in a State organ or State institution; and
(h) monitor and evaluate adherence to pay policy,
guidelines and standards. (3) The Commission may, in furtherance of its functions —
(a) collect information that it considers relevant for
the performance of its functions;
(b) undertake consultations with stakeholders or hold
inquiries for the purposes of performing its
functions under this Act; and
(c) receive written or oral statements from a person
or organisation for the purposes of its functions
under the Constitution and this Act. (4) The Commission shall employ equity in the
determination, harmonisation and rationalisation of emoluments. (5) The Commission shall not engage itself in negotiating
a salary or condition of service for a chief or an officer in a
State organ or State institution. 6.

Commission shall not engage itself in negotiating
a salary or condition of service for a chief or an officer in a
State organ or State institution. 6.

(1) The Commission consists of the following part-time
members appointed by the President:
(a) the Chairperson;
(b) a representative of the Attorney-General;
(c) a representative of the Ministry responsible for
finance;
(d) a representative of the Clerk of the National
Assembly;
(e) a representative of the Chief Justice;
(f) a representative of the Public Service
Management Division; and
(g) a person nominated from the most
representative federation of trade unions. (2) The members shall elect the Vice- Chairperson from
among themselves. Cap. 1
Composition of
Commission

t
representative federation of trade unions. (2) The members shall elect the Vice- Chairperson from
among themselves. Cap. 1
Composition of
Commission

Emoluments Commission [No. 1 of 2022 7
Act No. 4 of
2013
Cap. 1
(3) A person qualifies for appointment as Chairperson or
member if that person —
(a) holds a —
(i) full grade twelve school certificate; and
(ii) degree, or an equivalent qualification from a
higher education institution established,
registered or declared under the Higher
Education Act, 2013 or recognised by the
Zambia Qualifications Authority under the
Zambia Qualifications Act, 2011; and
(b) has at least ten years of work experience in public
management, finance and administration, human
resource management or labour law. (4) A person does not qualify for appointment as the
Chairperson or a member if that person is —
(a) not a citizen;
(b) a Member of Parliament;
(c) a member of a governing body of a political party;
(d) an undischarged bankrupt; or
(e) removed from office for contravening the provisions
of the Constitution or any other written law. (5) Subject to subsection (6), a member of the Commission
shall hold office for a term of five years and may be re-appointed
for a further and final term of five years.

section (6), a member of the Commission
shall hold office for a term of five years and may be re-appointed
for a further and final term of five years.

(6) The office of a member becomes vacant if that member—
(a) dies;
(b) is absent, without reasonable excuse, from three
consecutive meetings of the Commission of which
the member had notice without the approval of the
Commission;
(c) is adjudged bankrupt;
(d) is convicted of an offence under any other written
law and sentenced to imprisonment for a term
exceeding six months without the option of a fine;
(e) is legally disqualified from performing the functions
of a member;
(f) resigns;
(g) ceases to be an employee or a member of the
institution that the member is representing; or
(h) is removed by the President. (7) A member shall, on the expiration of the period for which
the member is appointed, continue to hold office until a successor
is appointed, but in no case shall the further period exceed four
months. Act No. 13
of 2011

r is appointed, continue to hold office until a successor
is appointed, but in no case shall the further period exceed four
months. Act No. 13
of 2011

8 No. 1 of 2022] Emoluments Commission
(8) Whenever the office of a member becomes vacant before
the expiry of the term of office, the President may appoint
another person to be a member in place of the member who
vacates the office for the unexpired term of that office. 7. (1) Subject to this Act, the Commission may regulate
its own procedure. (2) The Commission shall meet for the transaction of
business at least once in every three months at a place and time
that the Chairperson may determine. (3) The Chairperson may call for a meeting of the
Commission on giving notice of not less than fourteen days, or
if one third or more of the members so request, in writing, except
that if the urgency of a particular matter does not permit the
giving of that notice, a special meeting may be called on giving
a shorter notice. (4) Five members shall form a quorum at a meeting of the
Commission. (5) There shall preside at a meeting of the Commission—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-
Chairperson; and
(c) in the absence of the Chairperson and the Vice-
Chairperson, another member that the members
present may elect for the purposes of that meeting.

d
(c) in the absence of the Chairperson and the Vice-
Chairperson, another member that the members
present may elect for the purposes of that meeting.

(6) A decision of the Commission on a question shall be by
a majority of the members present and voting at the meeting
and, in the event of an equality of votes, the person presiding at
the meeting shall have a casting vote in addition to that person’s
deliberative vote. (7) Where a member is for any reason unable to attend a
meeting of the Commission, the member may, in writing,
nominate another person from the same organisation to attend
the meeting in that member’s stead and that person shall be
considered to be a member for the purpose of that meeting. (8) The Commission may invite a person whose presence
is, in its opinion, desirable to attend and participate in the
deliberations of a meeting of the Commission, but that person
shall have no vote. Proceedings of
Commission

desirable to attend and participate in the
deliberations of a meeting of the Commission, but that person
shall have no vote. Proceedings of
Commission

Emoluments Commission [No. 1 of 2022 9
(9) The validity of any proceedings, act or decision of the
Commission shall not be affected by a vacancy in the membership
of the Commission or by a defect in the appointment of a member
or by reason that a person not entitled to do so took part in the
proceedings. (10) The Commission shall cause minutes to be kept of the
proceedings of every meeting of the Commission and every meeting
of a committee of the Commission. 8. (1) The Commission may, for the purpose of performing
the Commission’s functions under this Act, establish ad hoc
committees that the Commission considers necessary and delegate
to any of those ad hoc committees the Commission’s functions. (2) The Commission may appoint as members of an ad hoc
committee, persons who are or are not members, except that at
least one member shall be a member of the Commission. (3) A person serving as a member of a committee shall hold
office for a period that the Commission may determine. (4) Subject to any specific or general direction of the
Commission, an ad hoc committee may regulate its own procedure. 9.

e Commission may determine. (4) Subject to any specific or general direction of the
Commission, an ad hoc committee may regulate its own procedure. 9.

A member of the Commission or any ad hoc committee of
the Commission shall be paid emoluments that the President may
determine. 10. (1) The Commission shall appoint the Director-General
on terms and conditions that the Commission may determine. (2) The Director-General shall —
(a) be the chief executive officer of the Commission;
(b) be responsible for the day-to-day administration of
the Commission;
(c) be an ex-officio member of the Commission; and
(d) exercise the functions conferred on the Director-
General by, or under, this Act. (3) The Commission shall appoint other staff of the
Commission that are necessary for the purposes of this Act on
terms and conditions that the Commission may determine. Emoluments
of members
Director-
General and
other staff
Ad hoc
committees

poses of this Act on
terms and conditions that the Commission may determine. Emoluments
of members
Director-
General and
other staff
Ad hoc
committees

10 No. 1 of 2022] Emoluments Commission
11. (1) A person who is present at a meeting of the
Commission or any ad hoc committee at which a matter is the
subject of consideration, and in which matter that person or that
person’s relative or associate is directly or indirectly interested
in a private capacity shall, as soon as is practicable after the
commencement of the meeting, declare that interest and shall
not, unless the Commission or the ad hoc committee otherwise
directs, take part in a consideration or discussion of, or vote on,
a question relating to that matter. (2) A disclosure of interest made under subsection (1) shall
be recorded in the minutes of the meeting at which it is made. (3) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term
not exceeding two years, or to both. 12.

able, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term
not exceeding two years, or to both. 12.

(1) A person shall not, without the consent, in writing,
given by or on behalf of the Commission, otherwise than in the
course of duties of that person, publish or disclose to an
unauthorised person the contents of a document, communication
or information, which relates to or which has come to the
knowledge of that person in the course of that person’s duties
under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term
not exceeding two years, or to both. (3) A person who, having any information which to the
knowledge of that person has been published or disclosed in
contravention of subsection (1), unlawfully publishes or
communicates the information to another person, commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term
not exceeding two years, or to both. 13. (1) A member of the Commission shall, on
appointment, take an oath in accordance with the Official Oaths
Act.

not exceeding two years, or to both. 13. (1) A member of the Commission shall, on
appointment, take an oath in accordance with the Official Oaths
Act.

(2) The Director-General and other staff of the Commission
shall, on appointment, take an oath in accordance with the
Official Oaths Act. Disclosure of
interest
Prohibition of
publication or
disclosure of
information to
unauthorised
persons
Oath on
appointment
Cap. 5
Cap. 5

al Oaths Act. Disclosure of
interest
Prohibition of
publication or
disclosure of
information to
unauthorised
persons
Oath on
appointment
Cap. 5
Cap. 5

Emoluments Commission [No. 1 of 2022 11
(3) An oath taken by a member shall be administered by a
judge and an oath taken by a member of staff of the Commission
shall be administered by the Director-General. 14. An action or other proceeding shall not lie or be instituted
against a member of the Commission, a member of an ad hoc
committee of the Commission or a member of staff of the
Commission for or in respect of an act or thing done or omitted to
be done in good faith in the exercise or performance of any of the
powers, functions or duties conferred under this Act. PART III
DETERMINATION OF EMOLUMENTS AND FACTORS FOR CONSIDERATION
15.

performance of any of the
powers, functions or duties conferred under this Act. PART III
DETERMINATION OF EMOLUMENTS AND FACTORS FOR CONSIDERATION
15.

The Commission shall, in the determination of
emoluments, be guided by the following principles:
(a) retention of officers and staff in a State organ and
State institution with the requisite qualifications and
skills for improved service delivery;
(b) efficient performance in a State organ or State
institution;
(c) the need for emoluments that reflect the level of
responsibility of a chief or an officer in a State organ
or State institution;
(d) enhancement and maintenance of macroeconomic
stability in the country; and
(e) affordability and sustainability. 16. (1) Subject to section 17, the Commission shall
undertake a concurrent review of emoluments for chiefs and
officers in a State organ and State institution every two years. (2) A review conducted by the Commission under this
section may not result in an increase in the emoluments of a chief
and an officer in a state organ or State institution. 17.

the Commission under this
section may not result in an increase in the emoluments of a chief
and an officer in a state organ or State institution. 17.

(1) Despite section 16, the Commission shall undertake
special reviews to —
(a) attract and retain critical or scarce professional skills
required to effectively execute the functions of a State
organ or State institution; or
(b) compensate for the increased cost of living for a chief
or an officer in a State organ or State institution. (2) A special review by the Commission under subsection (1)
shall not interrupt or replace the two year review cycle, but its
results shall inform the review referred to under section 16. Immunity
Principles
for
determination
of
emoluments
Review cycle
Special
review

but its
results shall inform the review referred to under section 16. Immunity
Principles
for
determination
of
emoluments
Review cycle
Special
review

12 No. 1 of 2022] Emoluments Commission
18. (1) The Commission shall, before undertaking the
review referred to under section 16, cause the following to be
conducted:
(a) a study on labour market efficiency and dynamics;
and
(b) a survey of the prevailing economic situation. (2) The Commission shall prepare a report on the findings
under subsection (1) and the report shall form the basis for the
review. 19. (1) The Commission shall, whenever a review is due
under sections 16 and 17, request a relevant authority for a
proposal on emoluments for their officers and staff by notice in
the Gazette and at least two daily newspapers of general
circulation in the Republic. (2) A relevant authority shall submit the proposals under
subsection (1) to the Commission in the prescribed manner and
form. 20.

ion in the Republic. (2) A relevant authority shall submit the proposals under
subsection (1) to the Commission in the prescribed manner and
form. 20.

(1) A relevant authority shall, in the preparation of
the proposal requested for by the Commission under section
19, take the following factors into account:
(a) fixed and variable components of emoluments;
(b) legal, social, economic and environmental issues;
(c) results of job evaluations, performance and
productivity;
(d) results of comparative labour market surveys;
(e) existing collective bargaining agreements;
(f) specific cost of employment in relation to the
resource capacity of the relevant authority;
(g) affordability and sustainability of proposed
emoluments, and available funds within the
approved budget of a State organ and State
institution;
(h) emoluments of similar regional or international
organisations;
(i) equity and competitiveness;
(j) linkage to the national objectives, priorities and
human resource management strategy;
Study to
precede
review
Procedure for
submission of
proposals
Factors
considered
when preparing
and submitting
proposals

resource management strategy;
Study to
precede
review
Procedure for
submission of
proposals
Factors
considered
when preparing
and submitting
proposals

Emoluments Commission [No. 1 of 2022 13
(k) salary structures of a chief and an officer in a State
organ and State institution; and
(l) any other matter relevant to the determination of
emoluments. (2) A relevant authority shall, in addition to the factors
mentioned in subsection (1), take into account the relevant
authority’s nature of service, performance or financial turnover. 21. A relevant authority shall submit to the Commission data
of the prevailing emoluments of the relevant authority’s officers
and staff annually. 22. The Commission shall, in determining or reviewing
emoluments of a chief, State organ and State institution, take into
account the factors referred to under section 20(1). 23. (1) The Commission shall, not later than the second
quarter of the second year of the review, communicate to the
relevant authority the approved emoluments by notice in the
Gazette. (2) The emoluments communicated under subsection (1) shall
be effected on a date not earlier than 1st of January of the subsequent
financial year after being factored in the national budget. 24.

tion (1) shall
be effected on a date not earlier than 1st of January of the subsequent
financial year after being factored in the national budget. 24.

(1) A relevant authority shall, where a relevant authority
seeks to engage the services of an expert whose emoluments are
likely to be outside the relevant authority’s emoluments structure,
refer the issue of the expert’s emoluments to the Commission. (2) An expert referred to under subsection (1) shall be
recruited in accordance with the Public Procurement Act, 2020. 25. Nothing in this Act shall be construed as precluding a
relevant authority from making an application, in writing, to the
Commission seeking guidance or advice on the emoluments
accruing to the relevant authority’s officers and members of staff
in a State organ or State institution. PART IV
FINANCIAL PROVISIONS
26. (1) The funds of the Commission consist of monies that
may —
(a) be appropriated to the Commission by Parliament;
(b) be paid to the Commission by way of grants or
donations; or
Requirement
to
submit data
annually
Determination
of
emoluments
Hiring
of expert
Communication
of
approved
emoluments
Act No. 8 of
2020
Application
to
Commission
Funds of
Commission

ally
Determination
of
emoluments
Hiring
of expert
Communication
of
approved
emoluments
Act No. 8 of
2020
Application
to
Commission
Funds of
Commission

14 No. 1 of 2022] Emoluments Commission
(c) otherwise vest in or accrue to the Commission. (2) The Commission may, subject to the approval of the
Minister responsible for finance —
(a) accept monies by way of grants or donations from
any source within or outside the Republic; and
(b) raise by way of loans or otherwise, monies that
the Commission may require for the performance
of the Commission’s functions. (3) There shall be paid from the funds of the Commission—
(a) the emoluments of the members and staff of the
Commission;
(b) such travelling and other allowances for the
members and the members of an ad hoc committee
of the Commission when engaged on the business
of the Commission, at rates that the President may
determine; and
(c) any other expenses incurred by the Commission
in the performance of the Commission’s functions
under this Act. (4) Subject to the Public Finance Management Act, 2018
the Commission may, with the approval of the President, invest
in a manner that the Commission considers appropriate, funds
of the Commission that it does not immediately require for the
performance of the Commission’s functions. 27.

Commission considers appropriate, funds
of the Commission that it does not immediately require for the
performance of the Commission’s functions. 27.

The financial year of the Commission shall be a period
of twelve months ending on 31st December in each year. 28. (1) The Commission shall cause to be kept proper
books of accounts and other records relating to the Commission’s
accounts. (2) The accounts of the Commission shall be audited
annually by the Auditor-General or an auditor appointed by the
Auditor-General. (3) The Auditor-General’s fees shall be paid by the
Commission. 29. (1) As soon as practicable, but not later than ninety
days after the end of the financial year, the Commission shall
submit to the President a report concerning the Commission’s
activities during the financial year. Financial year
Accounts
Annual report
Act No. 1 of
2018

it to the President a report concerning the Commission’s
activities during the financial year. Financial year
Accounts
Annual report
Act No. 1 of
2018

Emoluments Commission [No. 1 of 2022 15
(2) The report referred to under subsection (1) shall include
information on the financial affairs of the Commission and there
shall be appended to the report —
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) other information that the President may require. (3) The Minister responsible for finance shall, not later than
seven days after the first sitting of the National Assembly next
after receipt of the report under subsection (1), cause the report to
be laid before the National Assembly. PART V
GENERAL PROVISIONS
30. (1) The Commission shall issue a directive to a relevant
authority, where a relevant authority fails to comply with the
provisions of this Act. (2) The Commission may, request a relevant authority to
submit a written report, within a period specified by the
Commission, containing the following information:
(a) payment of remuneration;
(b) payment of salaries;
(c) salaries contrary to the pay policy; and
(d) payment of pensions, allowances and other benefits.

payment of remuneration;
(b) payment of salaries;
(c) salaries contrary to the pay policy; and
(d) payment of pensions, allowances and other benefits.

(3) The directive issued under subsection (1) shall state —
(a) who the directive is addressed to;
(b) the issues to report on;
(c) documents to be submitted in support of information
in the report;
(d) the time-frame, as determined by the Commission,
for the submission of a report; and
(e) the address where the report shall be submitted. (4) The relevant authority shall be liable for the failure of a
chief, State organ or State institution to comply with a directive
under subsection (1). 31. (1) The Commission may, in writing, where a relevant
authority fails to report to the Commission in accordance with
section 30, issue a compliance notice to the House of Chiefs, State
organ or State institution. Directive of
Commission
on non-
compliance
Compliance
notice by
Commission

compliance notice to the House of Chiefs, State
organ or State institution. Directive of
Commission
on non-
compliance
Compliance
notice by
Commission

16 No. 1 of 2022] Emoluments Commission
(2) A compliance notice referred to under subsection (1)
shall include a copy of the directive issued by the Commission
and shall state —
(a) the conditions and period for submission of the
report and other documents;
(b) the address where the report shall be submitted;
(c) the name of the addressee;
(d) the provisions of the Act or applicable written law
that have not been complied with;
(e) details of the nature and extent of non-compliance;
(f) the required corrective measures to be taken;
(g) the period within which the corrective measures
shall be taken;
(h) the form and frame for submission of the report;
and
(i) the enforcement measures that the Commission
intends to impose in the event of non-compliance
with the directive or compliance notice. (3) A person who fails to comply with the compliance notice
issued under this section, commits an offence and is liable, on
conviction, to a fine not exceeding three hundred thousand
penalty units or to a term of imprisonment for a term not
exceeding three years, or to both.

onviction, to a fine not exceeding three hundred thousand
penalty units or to a term of imprisonment for a term not
exceeding three years, or to both.

(4) A court may consider the fact that a person committed
the offence with deliberate disregard for the provisions of this
Act as an aggravating circumstance. 32. A report, statement or other communication or record of a
meeting, inquiry or proceeding of the Commission relating to
the exercise of the Commission’s functions or a report, statement
or other communication or record made by a member for the
purposes of the Commission in the course of duty, and any
application form, report or other communication dispatched to
the Commission in connection with the performance of the
Commission’s functions, and in the possession of the
Commission, is privileged and shall not be produced in any legal
proceeding unless the Chairperson so directs, in writing, or a
court so orders. Privileged
reports

s privileged and shall not be produced in any legal
proceeding unless the Chairperson so directs, in writing, or a
court so orders. Privileged
reports

Emoluments Commission [No. 1 of 2022 17
33. A relevant authority which fails to comply with the
provisions of this Act, shall be held accountable in accordance
with the Public Finance Management Act, 2018. 34.

ority which fails to comply with the
provisions of this Act, shall be held accountable in accordance
with the Public Finance Management Act, 2018. 34.

(1) A person shall not—
(a) knowingly make, or cause to be made, to the
Commission, a false testimony or false report in any
material particular on an offence or matter under
investigation or give false information to the
Commission;
(b) knowingly mislead the Commission or any other
officer of the Commission by giving any false
information or statement or making a false allegation;
(c) obstruct, assault, insult, hinder or delay an officer of
the Commission in the lawful exercise of the powers
conferred on the officer under this Act;
(d) refuse or fail, without reasonable cause, to give the
Commission on request, a document or information
required for the purposes of this Act;
(e) unlawfully influence a decision of the Commission
or coerce the Commission to make a decision in
favour of that person or another person;
(f) fail to comply with a lawful summon, directive or
compliance notice of the Commission or an officer
of the Commission under this Act; or
(g) destroy anything or prevent the seizure of a property
or document or security of the property or document.

er
of the Commission under this Act; or
(g) destroy anything or prevent the seizure of a property
or document or security of the property or document.

(2) A person who contravenes subsection (1), commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 35. The Commission may, by statutory instrument, make
Regulations for the better carrying out of the provisions of this
Act. Non-
compliance
by relevant
authority
Act No. 1 of
2018
General
offence
Regulations

18 No. 1 of 2022] Emoluments Commission
36. A State organ, State institution or any other authority
concerned with the determination of emoluments of a chief or
an officer in a State organ or State institution before the
commencement of this Act, shall cease to be responsible for the
determination of emoluments after the commencement of this
Act.
Transitional
provisions