The Public Protector

THE PUBLIC PROTECTOR ACT, 2016
A RRANGEMENT OF SECTIONS
PART I
PRELIMINARY P ROVISIONS
Section
1. Short title
2. Interpretation
3. Guiding principles
PART II
O FFICE OF P UBLIC P ROTECTOR
4. Office of Public Protector
5. Seal of Office of Public Protector
6. Functions of Public Protector
7. Deputy Public Protectors
8. Registrar
9. Chief Administrator, officers and staff of Office of Public
Protector
10. Provincial directors and district investigations officers
11. Oath on appointment
12. Immunity
PART III
C OMPLAINTS AND INVESTIGATIONS
13. Initiation of investigation
14. Consideration of complaint
15. Refusal to investigate complaint
16. Investigation by Public Protector
17. Referral of matter
18. Collaboration on investigations
19. Proceedings after investigation
PART IV
HEARINGS
20. Hearings
21. Proceedings at hearings
22. Evidence and procedure
23. Hearings in relation to judicial proceedings
24. Right of appearance of interested person
Public Protector [No. 15 of 2016 423
Single copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K48.00 each

Protector [No. 15 of 2016 423
Single copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K48.00 each

PART V
P OWERS OF P UBLIC PROTECTOR
25. Powers of investigation
26. Powers of inspection
27. Search with warrant
28. Notices
29. Order by Public Protector
30. Power to summon witnesses
PART VI
F INANCIAL PROVISIONS
31. Funds of Office of Public Protector
32. Financial year
33. Accounts and audits
34. Annual report
PART VII
GENERAL PROVISIONS
35. Protection of vulnerable persons
36. Alternative dispute resolution
37. Reports and findings
38. Expenses and witness fees
39. Prohibition of publication or disclosure of information to
unauthorised person
40. Protection of witnesses
41. General offences
42. Rules
43. Regulations
44. Repeal of Cap. 39, Act No. 20 of 1991
45. Staff of Commission
424 No. 15 of 2016] Public Protector

41. General offences
42. Rules
43. Regulations
44. Repeal of Cap. 39, Act No. 20 of 1991
45. Staff of Commission
424 No. 15 of 2016] Public Protector

An Act to provide for the functions, powers, operations and
financial management of the Office of Public Protector;
provide for the initiation and investigation of complaints;
repeal and replace the Commission for Investigations Act,
1991; and provide for matters connected with, or inciden-
tal to, the foregoing.
[7th June, 2016
ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY P ROVISIONS
1. This Act may be cited as the Public Protector Act, 2016.
2. In this Act, unless the context otherwise requires—
“administrative action” means an action relating to matters
of administration, and includes—
(a) a decision and an act;
(b) a failure to make a decision or do an act, including
a failure to provide a written statement of
reasons for a decision;
(c) the formulation of a proposal or intention; and
(d) the making of a recommendation;
“Chief Administrator” means the person appointed as such
under section nine;
Enactment
Short title
Interpretation
Public Protector [No. 15 of 2016 425
GOVERNMENT OF ZAMBIA
ACT
No. 15 of 2016
Date of Assent: 6th June, 2016

nine;
Enactment
Short title
Interpretation
Public Protector [No. 15 of 2016 425
GOVERNMENT OF ZAMBIA
ACT
No. 15 of 2016
Date of Assent: 6th June, 2016

“child” has the meaning assigned to it in the Constitution;
“Commission” means the Commission for Investigations es-
tablished under section four of the repealed Act;
“court” means a court of competent jurisdiction;
“Deputy Public Protector” means the person appointed as
such under section seven;
“document” means any device by means of which information
is recorded or stored, and includes—
(a) anything on which there is writing;
(b) anything in which there are marks, figures, symbols
or perforations having meaning for persons
qualified to interpret them;
(c) anything from which sounds, images or writing
can be produced, with or without the aid of
anything else; or
(d) any of the things referred to in paragraphs (a) to
(c) kept or maintained in electronic form;
“Emoluments Commission” means the Emoluments
Commission established under the Constitution;
“equivalent qualification” means a qualification that is equal
in function, value, significance or level or similar in effect
or function;
“maladministration” means an action taken or omitted to be
taken, or a decision made or omitted to be made, by a
State institution in the performance of an administrative
function, which is unfair, unreasonable, illegal or not
compliant with the rules of natural justice;
“oath” has the meaning assigned to it in the Constitution;
“Office of the Public Protector” means the Office of the
Public Protector established under section four;
“Parliamentary Service Commission” means the
Parliamentary Service Commission established under
Article 218 of the Constitution;
“practitioner” has the meaning assigned to it in the Legal
Practitioners’ Act;
“Public Protector” means the person appointed as such under
the Constitution;
“Registrar” means the person appointed as such under section
eight;
Cap.

“Public Protector” means the person appointed as such under
the Constitution;
“Registrar” means the person appointed as such under section
eight;
Cap.

1
Cap. 1
Cap. 1
Cap. 30
Cap. 1
Cap. 1
426 No. 15 of 2016] Public Protector
Cap. 39

1
Cap. 1
Cap. 1
Cap. 30
Cap. 1
Cap. 1
426 No. 15 of 2016] Public Protector
Cap. 39

“repealed Act” means the Commission for Investigations Act;
“rules of natural justice” means the principles and procedures
underlying the making of a decision or taking of an action
by a State institution, which are that an act or decision
should be unbiased, transparent and made in good faith;
and that each party should have equal access to the person
taking the action or making the decision and should be
aware of the facts of the decision and the documents that
are used or adduced by the person taking the action or
making the decision;
“Speaker” means the person elected as Speaker of the National
Assembly under Article 82 of the Constitution;
“specialised systemic investigation” means an investigation that
goes beyond the issue raised by a given complaint and
looks at the underlying causes; and
“State institution” has the meaning assigned to it in the
Constitution. 3. The Office of the Public Protector shall, in fulfilling its
mandate, act in accordance with the values and principles set out
in the Constitution and shall be guided by the following principles:
(a) independence;
(b) integrity;
(c) accessibility;
(d) impartiality;
(e) professionalism; and
(f) transparency.

e guided by the following principles:
(a) independence;
(b) integrity;
(c) accessibility;
(d) impartiality;
(e) professionalism; and
(f) transparency.

PART II
O FFICE OF P UBLIC P ROTECTOR
4. (1) There is established the office of the Public Protector
which shall be headed by the Public Protector as provided under
the Constitution. (2) The Office of the Public Protector consists of Deputy
Public Protectors, the Registrar, Chief Administrator and other
officers and staff appointed pursuant to sections seven, eight, nine
and ten, respectively. (3) The Deputy Public Protectors, Registrar, Chief
Administrator, officers and other staff of the Office of the Public
Protector shall not in the performance of their functions under this
Act, be subject to the direction or control of a person or authority
other than the Public Protector. Guiding
principles
Cap. 1
Cap. 1
Office of
Public
Protector
Cap. 1
Cap. 39
Public Protector [No. 15 of 2016 427

ority
other than the Public Protector. Guiding
principles
Cap. 1
Cap. 1
Office of
Public
Protector
Cap. 1
Cap. 39
Public Protector [No. 15 of 2016 427

5. (1) The seal of the Office of the Public Protector shall be
such device as may be determined by the Public Protector and
shall be kept by the Registrar. (2) The affixing of the seal shall be authenticated by the Pub-
lic Protector or a Deputy Public Protector, the Registrar or any
other person authorised in that behalf by the Public Protector. (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 Public Protector by the Registrar or any other person
generally or specifically authorised by the Public Protector in that
behalf. (4) A document purporting to be under the seal of the Office
of the Public Protector or issued on behalf of the Public Protector
shall be received in evidence and shall be deemed to be so executed
or issued, as the case may be, without further proof, unless the
contrary is proved. 6. (1) The Public Protector shall perform such functions as
are prescribed in the Constitution.

without further proof, unless the
contrary is proved. 6. (1) The Public Protector shall perform such functions as
are prescribed in the Constitution.

(2) Despite the generality of subsection (1), the functions of
the Public Protector are to—
(a) consider the administrative actions, practices and
procedures of State institutions and make
recommendations to the State institutions—
(i) on appropriate ways of addressing the effects
of inappropriate administrative actions; and
(ii) for the improvement of the practices and
procedures;
(b) prevent and take necessary and effective measures for
the prevention of maladministration in State institutions,
in particular measures for—
(i) examining the practices and procedures of State
institutions in order to facilitate the discovery of
opportunities of maladministration and secure
the revision of methods of work or procedures
which in the opinion of the Public Protector may
be prone or conducive to maladministration;
(ii) advising State institutions on ways and
means of preventing maladministration, and on
changes in methods of work or procedures of
such State institutions compatible with the
Seal of
Office of
Public
Protector
Functions of
Public
Protector
Cap. 1
428 No. 15 of 2016] Public Protector

ch State institutions compatible with the
Seal of
Office of
Public
Protector
Functions of
Public
Protector
Cap. 1
428 No. 15 of 2016] Public Protector

effective performance of their duties, which the
Public Protector considers necessary to reduce
the likelihood of occurrence of mal-
administration;
(iii) disseminating information on the evil and
dangerous effects of maladministration on
society; and
(iv) enlisting and fostering public confidence and
support against maladministration;
(c) initiate, receive and investigate complaints of alleged or
suspected maladministration;
(d) investigate any complaint of human rights arising from
maladministration or any conduct which the Public
Protector has reasonable grounds to believe may be
connected with, or conducive to, maladministration;
(e) be the lead agency in matters of combating maladministration;
(f) adopt and strengthen mechanisms for educating the public
to respect the public good and public interest, and in
particular—
(i) create awareness in the fight against mala-
dministration and related offences;
(ii) develop educational and other programmes for
the sensitisation of the media;
(iii) promote an environment for the respect of ethics;
and
(iv) disseminate information and sensitise the public
on the negative effects of maladministration;
(g) provide information or assistance to State
institutions for the improvement of admini-
strative practices and procedures;
(h) monitor and evaluate administrative activities and
standards in State institutions and issue reports on
matters of public interest;
(i) promote public awareness of policies and administrative
procedures on matters relating to administrative justice;
(j) advise Government on good administrative practices; and
(k) perform any other functions as necessary or incidental to
the performance of its functions under this Act or as
may be prescribed under any written law.

rform any other functions as necessary or incidental to
the performance of its functions under this Act or as
may be prescribed under any written law.

Public Protector [No. 15 of 2016 429

Public Protector [No. 15 of 2016 429

(3) The Public Protector shall, in the performance of the Public
Protector’s functions—
(a) facilitate capacity building in the handling of complaints
arising from maladministration;
(b) coordinate or cooperate, as applicable, with other institu-
tions so as to implement an integrated approach to the
prevention and eradication of maladministration; and
(c) consult, cooperate and exchange information with appro-
priate bodies of other countries that are authorised to
conduct inquiries or investigations in relation to malad-
ministration. (4) The Public Protector may investigate an administrative
action despite a provision in any written law to the effect that the
action or decision complained of is final. (5) In subsection (4), “final” in relation to an action or decision
under this section means that the action or decision is not subject to
appeal, challenge or review. 7. (1) The Parliamentary Service Commission shall, on the
recommendation of the Public Protector, appoint two Deputy Pub-
lic Protectors to assist the Public Protector in the exercise of the
Public Protector’s functions under the Constitution and this Act.

two Deputy Pub-
lic Protectors to assist the Public Protector in the exercise of the
Public Protector’s functions under the Constitution and this Act.

(2) One Deputy Public Protector shall be responsible for the
formulation of policy on specialised systemic investigations on
maladministration, and the other Deputy Public Protector shall be
responsible for the formulation of policy on investigations on gen-
eral maladministration. (3) Despite subsection (2), the Deputy Public Protectors shall
perform such functions as may be assigned to them by the Public
Protector. (4) A person qualifies for appointment as Deputy Public Pro-
tector if that person—
(a) holds a degree, or an equivalent qualification, from a higher
education institution established, registered or declared
under the Higher Education Act, 2013; and
(b) has at least ten year’s experience in—
(i) finance;
(ii) public administration; or
(iii) law. Deputy
Public
Protectors
Cap. 1
Act No. 4
of 2013
430 No. 15 of 2016] Public Protector

ence in—
(i) finance;
(ii) public administration; or
(iii) law. Deputy
Public
Protectors
Cap. 1
Act No. 4
of 2013
430 No. 15 of 2016] Public Protector

8. (1) There shall be a Registrar of the Office of the Public
Protector who shall be appointed by the Parliamentary Service
Commission on the recommendation of the Public Protector. (2) A person shall be appointed as Registrar if the person is a
practitioner with five years legal experience.

recommendation of the Public Protector. (2) A person shall be appointed as Registrar if the person is a
practitioner with five years legal experience.

(3) The Registrar shall, subject to this Act—
(a) issue summonses, search warrants, arrest warrants and
orders made by the Public Protector;
(b) receive complaints from complainants against State
institutions;
(c) receive submissions from State institutions when requested
for by the Public Protector;
(d) communicate to the complainant and to a State institution
the decisions and orders of the Public Protector;
(e) keep a record of the investigations and proceedings carried
out by the Public Protector;
(f) keep, or cause to be kept and maintained, a register of all
orders, decisions and any other documents of the Public
Protector;
(g) have the custody, and keep an account of all fees and
other monies payable or paid to the Public Protector,
and shall keep proper accounts thereof;
(h) administer oaths to witnesses, complainants and State
institutions that appear before the Public Protector; and
(i) perform such other functions and exercise such other
powers as may be conferred by rules made under
section forty-three or any other written law. 9.

) perform such other functions and exercise such other
powers as may be conferred by rules made under
section forty-three or any other written law. 9.

(1) The Parliamentary Service Commission shall, on the
recommendation of the Public Protector, appoint a Chief
Administrator, officers and other staff to assist the Public Protector
in the performance of the Public Protector’s functions. (2) The Chief Administrator shall be—
(a) the controlling officer of the office of the Public Protector;
and
(b) responsible for the management and administration of the
Office of the Public Protector. (3) An officer shall have such powers, functions and duties as
provided for, or as delegated to the officer by the Public Protector
under this Act. Registrar
Chief
Administra-
tor, officers
and staff of
Office of
Public
Protector
Public Protector [No. 15 of 2016 431

ublic Protector
under this Act. Registrar
Chief
Administra-
tor, officers
and staff of
Office of
Public
Protector
Public Protector [No. 15 of 2016 431

(4) Despite subsection (1), the Public Protector may appoint
such experts and assessors, not being officers referred to in
subsection (1), as are necessary to assist the Public Protector to
carry out the Public Protector’s functions. 10. (1) The Parliamentary Service Commission shall, on the
recommendation of the Public Protector, appoint such number of
provincial directors and district investigations officers as are
necessary to perform the functions of the Public Protector under
the Constitution and this Act. (2) A provincial director shall, subject to the control and
direction of the Public Protector, be responsible for supervising the
operations of the Office of the Public Protector in a province. (3) The district investigations officers shall, subject to the
control and directive of the provincial director, be responsible for
supervising the operations of the Office of the Public Protector in
a district. 11. The Public Protector, Deputy Public Protectors, Registrar,
Chief Administrator, officers and members of staff of the Office
of the Public Protector shall, on appointment, take an oath in
accordance with the Official Oaths Act. 12.

officers and members of staff of the Office
of the Public Protector shall, on appointment, take an oath in
accordance with the Official Oaths Act. 12.

An action or other proceeding shall not lie or be instituted
against the Public Protector, the Deputy Public Protectors, Registrar,
Chief Administrator, an officer or member of staff of the Office of
the Public Protector for or in respect of an act or thing done or
omitted to be done in good faith in the exercise or performance, or
purported exercise or performance, of any of the powers, functions
or duties conferred under this Act. PART III
C OMPLAINTS AND I NVESTIGATIONS
13. (1) The Public Protector may investigate an allegation
of maladministration—
(a) on the Public Protector’s own initiative; or
(b) on receipt of a complaint made by
(i) a complainant acting in the complainant’s own
interest;
(ii) an association acting in the interest of its members;
(iii) a person acting on behalf of a complainant;
(iv) a person acting on behalf, and in the interest, of a
group or class of persons; or
(v) an anonymous person. Provincial
directors and
district
investiga-
tions officers
Cap. 1
Oath on
appointment
Immunity
Initiation of
investigation
432 No. 15 of 2016] Public Protector
Cap. 5

ors and
district
investiga-
tions officers
Cap. 1
Oath on
appointment
Immunity
Initiation of
investigation
432 No. 15 of 2016] Public Protector
Cap. 5

(2) Despite subsection (1), the Public Protector may investigate
an instance or matter where the Public Protector has reason to
suspect—
(a) that any decision or recommendation taken or made or
about to be taken or made is unreasonable, unjust, unfair,
irregular, unlawful or discriminatory or is based on a
practice which may be deemed to be as such;
(b) that the provisions of any law or any other matter is
administered by or under the authority of a State
institution, or that any practice is so followed, in a manner
which is not in the public interest; or
(c) that the powers, duties or functions which vest in a State
institution are exercised or performed in an incompetent,
dishonest, or irregular manner or are not exercised or
performed. (3) A complaint under subsection (1) shall be made in the
prescribed manner and form. (4) Subsection (3) shall not apply to anonymous complaints. 14. (1) The Public Protector shall, on receipt of a complaint
made in accordance with section thirteen, determine whether a
complaint discloses a prima facie case of maladministration.

, on receipt of a complaint
made in accordance with section thirteen, determine whether a
complaint discloses a prima facie case of maladministration.

(2) The Public Protector may, where a complaint discloses a
prima facie case of maladministration, make such orders and give
such directions as the Public Protector considers necessary for the
purpose of an investigation. 15. (1) The Public Protector may refuse to investigate a
complaint or, having commenced an investigation, discontinue the
investigation if the Public Protector considers that the—
(a) complaint is trivial;
(b) complaint is frivolous, vexatious or not made in good faith;
(c) complainant does not have sufficient interest in the action
complained of, except that this paragraph shall not apply
to anonymous complaints;
(d) complainant has a right of appeal, review or remedy that
has not been exhausted; or
(e) conduct or involvement to which the complaint relates is
or has been the subject of an investigation or other action
by any other appropriate authority under any other
written law. Refusal to
investigate
complaint
Consider-
ation of
complaint
Public Protector [No. 15 of 2016 433

appropriate authority under any other
written law. Refusal to
investigate
complaint
Consider-
ation of
complaint
Public Protector [No. 15 of 2016 433

(2) The Public Protector shall not investigate a complaint unless
the complaint is made within a period of one year from the date on
which the complainant exhausts the complainant’s rights under
paragraph (d) of subsection (1). (3) Despite paragraph (d) of subsection (1), the Public Protector
may investigate a complaint where the Public Protector is satisfied
that the complainant has been prevented from exercising the
complainant’s rights under that paragraph. (4) Despite subsection (2), the Public Protector may, in
exceptional circumstances, investigate complaints received outside
the period referred to in subsection (2), except that the Public
Protector shall not investigate a complaint made in contravention
of the Law Reform (Limitation of Actions, Etc.) Act. (5) A right or remedy mentioned in subsection (1) does not
include the right to judicial review. (6) The Public Protector shall, where the Public Protector
decides not to conduct an investigation or discontinue an
investigation, inform the complainant, in writing, within fourteen
days of such decision and give reasons for the decision. 16.

tion or discontinue an
investigation, inform the complainant, in writing, within fourteen
days of such decision and give reasons for the decision. 16.

(1) The Public Protector may, for purposes of an
investigation—
(a) require the attendance of a person before the Public
Protector or the production of a document or record
relevant to the investigation;
(b) question a person in respect of any matter under
investigation before the Public Protector; and
(c) require any person to disclose any information relevant to
the investigation. (2) The Public Protector may direct that a person or category
of persons shall not be present at the proceedings or during an
investigation, if it is in the interest of justice or if harm might be
caused to any person. 17. The Public Protector may, at any stage of investigating or
dealing with a matter under this Act, refer the matter to a relevant
authority. 18. The Public Protector may, where the Public Protector
commences an investigation or is investigating a matter and the
matter is being dealt with by an institution referred to under section
seventeen—
(a) continue to investigate or decide on the matter and share
its findings with the institution concerned;
Investigation
by Public
Protector
Referral of
matter
Collabora-
tion on
investiga-
tions
434 No. 15 of 2016] Public Protector

e institution concerned;
Investigation
by Public
Protector
Referral of
matter
Collabora-
tion on
investiga-
tions
434 No. 15 of 2016] Public Protector

(b) refer the matter to the institution concerned and request a
report on the matter, once the matter has been finalised;
or
(c) join the institution investigating the matter and produce a
joint report. 19.

quest a
report on the matter, once the matter has been finalised;
or
(c) join the institution investigating the matter and produce a
joint report. 19.

(1) If, after conducting an investigation on a State
institution, the Public Protector is of the opinion—
(a) that the action which was the subject matter of the
investigation is contrary to any written law, based wholly
or partly on a mistake of law or fact, unreasonably
delayed or otherwise unjust or manifestly unreasonable;
(b) that—
(i) the matter should be given further consideration;
(ii) an omission should be rectified;
(iii) a decision should be cancelled, reversed or varied;
(iv) the practice on which the act, omission, decision
or recommendation was based should be
altered;
(v) the law on which the act, omission, decision or
recommendation was based should be re-
considered;
(vi) reasons should have been given for the decision;
or
(vii) any other steps should be taken; or
(c) that a person who is the subject matter of the investigation
has committed an offence;
the Public Protector shall provide to the State institution, the Public
Protector’s report of the investigation and may make such
recommendations as the Public Protector considers appropriate
and shall send a copy of the report and recommendations to the
National Assembly.

e such
recommendations as the Public Protector considers appropriate
and shall send a copy of the report and recommendations to the
National Assembly.

(2) The Public Protector shall request a State institution
referred to in subsection (1) to notify the Public Protector, within
thirty days, of the steps that it proposes to take to give effect to
the recommendations. (3) If, on the expiry of the period referred to under
subsection (2), a State institution fails to notify the Public
Protector of the steps that it proposes to take under that
subsection, the Public Protector may make a decision to give
effect to the recommendations. Proceedings
after
investigation
Public Protector [No. 15 of 2016 435

, the Public Protector may make a decision to give
effect to the recommendations. Proceedings
after
investigation
Public Protector [No. 15 of 2016 435

(4) Where a State institution fails, without reasonable excuse,
to comply with a decision made under subsection (3), the Public
Protector shall compel the State institution to comply with the
decision made under that subsection. PART IV
HEARINGS
20. (1) The Public Protector may hold hearings for the purpose
of conducting an investigation. (2) The Public Protector may hold its hearings in public or in
private, or partly in private as it considers appropriate. 21. (1) The Public Protector shall hold its hearings at such
places and times as the Public Protector or, in the absence of the
Public Protector, a Deputy Public Protector may determine. (2) The Public Protector shall preside over the hearings of the
Public Protector and, in the absence of the Public Protector, any
Deputy Public Protector chosen for the purposes of that hearing
shall preside.

f the
Public Protector and, in the absence of the Public Protector, any
Deputy Public Protector chosen for the purposes of that hearing
shall preside.

(3) The determination of a matter before the Public Protector
shall be according to the opinion of the majority of the members
considering the matter, except that—
(a) in the event of an equality of votes, the person presiding
at the hearing shall have a casting vote in addition to a
deliberative vote; and
(b) where, in any matter before the Public Protector the issue
to be resolved is on a point of law, the decision of the
person presiding at the hearing shall prevail. (4) A person appearing before the Public Protector may appear
in person or through a practitioner at the person’s own expense. 22. (1) When conducting a hearing the Public Protector is
not bound by the rules or practice of evidence. (2) The Public Protector shall conduct hearings with as little
formality and technicality as is possible. (3) The Public Protector may conduct hearings with as little
emphasis on an adversarial approach as is possible and wherever
possible, written submissions may be presented. 23.

ay conduct hearings with as little
emphasis on an adversarial approach as is possible and wherever
possible, written submissions may be presented. 23.

Where the subject matter of a complaint or an investigation
is the subject matter of judicial proceedings, the Public Protector
shall not commence or continue an investigation pending the final
outcome of those proceedings. Hearings
Proceedings
at hearings
Evidence and
procedure
Hearings in
relation to
judicial
proceedings
436 No. 15 of 2016] Public Protector

proceedings. Hearings
Proceedings
at hearings
Evidence and
procedure
Hearings in
relation to
judicial
proceedings
436 No. 15 of 2016] Public Protector

24. Where a person satisfies the Public Protector that the
person has a substantial or direct interest in the subject matter of a
hearing, the Public Protector may authorise the person to appear
at the hearing or a specified part of the hearing. PART V
POWERS O F P UBLIC P ROTECTOR
25.

g, the Public Protector may authorise the person to appear
at the hearing or a specified part of the hearing. PART V
POWERS O F P UBLIC P ROTECTOR
25.

(1) The Public Protector or an officer authorised by the
Public Protector to undertake an investigation under this Act may,
for purposes of the investigation—
(a) access any book, record, return, report and other document
relating to the work or operations of a State institution;
(b) enter and search, at any time during reasonable hours,
the premises of a State institution or the premises or
property of a private person where the Public Protector
has reasonable grounds to believe that documents
relevant to an investigation have been placed, deposited
or concealed;
(c) where necessary, make inquiries from an officer or
employee in a State institution as the Public Protector
may consider necessary in connection with an
investigation;
(d) where necessary, take and make copies of any document
or extracts from a document in a State institution that
the person executingthe warrant believes on reasonable
grounds may be relevant to an investigation;
(e) where necessary, remove a document or other thing from
a State institution that may be relevant to an
investigation; and
(f) where necessary, require a person to reproduce, or to
assist in reproducing, in usable form, any information
recorded or stored in any form.

; and
(f) where necessary, require a person to reproduce, or to
assist in reproducing, in usable form, any information
recorded or stored in any form.

(2) A person who accompanies or assists the Public Protector
to enter into or upon the premises or property of a State institution
shall, during the period of such accompaniment or assistance, enjoy
the same immunity as is granted under section twelve. 26. (1) The Public Protector or an officer authorised by the
Public Protector may, at any reasonable time, enter and inspect
the premises or property of a State institution which are being used,
or which the Public Protector or the officer has reasonable cause
to believe are being used for maladministration. Right of
appearance
of interested
person
Powers of
investigation
Powers of
inspection
Public Protector [No. 15 of 2016 437

used for maladministration. Right of
appearance
of interested
person
Powers of
investigation
Powers of
inspection
Public Protector [No. 15 of 2016 437

(2) A person who—
(a) delays or obstructs the Public Protector or officer in the
exercise of their inspection powers;
(b) refuses to give the Public Protector or officer such
reasonable assistance as they may require for the
purposes of exercising their inspection powers; and
(c) gives the Public Protector or officer false or misleading
information in answer to an inquiry made by the
inspection;
commits an offence and is liable, upon 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) An officer shall furnish the Public Protector with a written
report and any other information relating to an inspection as the
Public Protector may direct. 27.

r shall furnish the Public Protector with a written
report and any other information relating to an inspection as the
Public Protector may direct. 27.

(1) The Public Protector or an officer authorised by the
Public Protector may, where the Public Protector or officer
reasonably suspects that an offence is being, has been or is about
to be committed under this Act, with a warrant, enter and search
the premises or property of a State institution, for the purposes of
attaching and removing, if necessary, any record, return, book,
report, document or article if the occupier of the State institution or
other person in control of the premises consents to the entry, search,
seizure and removal of the record, return, book, document or article. (2) The Public Protector or an officer exercising any power
under this section shall, before entering and searching any premises,
ensure that the occupier or person in control of the premises is
present. 28. (1) The Public Protector shall, where the Public Protector
intends to conduct an investigation on a State institution, give the
State institution notice in the prescribed manner and form.

the Public Protector
intends to conduct an investigation on a State institution, give the
State institution notice in the prescribed manner and form.

(2) The notice issued under subsection (1) shall—
(a) inform the State institution of the Public Protector’s
intention to conduct an investigation;
(b) identify, to the extent reasonable in the circumstances,
the subject of a complaint; and
(c) state, in general terms, the powers that the Public Protector
may exercise under this Act. Search with
warrant
Notices
438 No. 15 of 2016] Public Protector

, in general terms, the powers that the Public Protector
may exercise under this Act. Search with
warrant
Notices
438 No. 15 of 2016] Public Protector

29. Where it appears to the Public Protector that an inquiry
under this Act is likely to be frustrated or prejudiced by an action
taken or about to be taken by a person to whom this Act applies,
the Public Protector may make such orders, issue such writs and
give such directions as the Public Protector may consider
appropriate for the purpose of conducting an investigation, and the
order, writ or direction shall have the same force as an order, writ
or direction of a court. 30. (1) The Public Protector may summon witnesses and
examine witnesses on oath. (2) A summons for the attendance of a witness or the
production of documents shall be in the prescribed form and shall
be served in the same manner as if it were a subpoena for the
attendance of a witness at a civil trial in a court. (3) The Public Protector may, by warrant, order the arrest of
a person who, having reasonable notice of the time and place at
which the person is required to attend before the Public Protector,
fails to do so without reasonable cause. (4) The warrant referred to in subsection (3) shall be in the
prescribed form and shall be served as if it were a warrant issued
by a court.

le cause. (4) The warrant referred to in subsection (3) shall be in the
prescribed form and shall be served as if it were a warrant issued
by a court.

PART VI
F INANCIAL PROVISIONS
31. (1) The funds of the Office of the Public Protector shall
consist of such monies as may—
(a) be appropriated to the Office of the Public Protector by
Parliament for the purposes of the Public Protector;
(b) be paid to the Office of the Public Protector by way of
fees, loans, grants or donations; and
(c) vest in or accrue to the Office of the Public Protector. (2) The Office of the Public Protector may, subject to the
approval of the Minister—
(a) accept monies by way of grants or donations from any
source within or outside Zambia; and
(b) raise by way of loans or otherwise, such monies as it may
require for the discharge of its functions. (3) There shall be paid from the funds of the Office of the
Public Protector—
Power to
summon
witnesses
Funds of
Office of
Public
Protector
Order by
Public
Protector
Public Protector [No. 15 of 2016 439

of the
Public Protector—
Power to
summon
witnesses
Funds of
Office of
Public
Protector
Order by
Public
Protector
Public Protector [No. 15 of 2016 439

(a) the emoluments of the members of staff of the Office of
the Public Protector as determined by the Emoluments
Commission;
(b) such travelling and other allowances for members of staff
of the Office of the Public Protector when engaged on
the business of the Public Protector at such rates as the
Emoluments Commission may determine; and
(c) any other expenses incurred by the Office of the Public
Protector in the performance of the Public Protector’s
functions under this Act. (4) The Office of the Public Protector may, with the approval
of the Minister, invest in such manner as it considers appropriate
such funds of the Office of the Public Protector as it does not
immediately require for the discharge of its functions. 32. The financial year of the Office of the Public Protector
shall be the period of twelve months ending on 31st December in
each year. 33. (1) The Office of the Public Protector shall cause to be
kept proper books of account and other records relating to its
accounts. (2) The accounts of the Office of the Public Protector shall
be audited annually or whenever necessary by the Auditor-General.

lating to its
accounts. (2) The accounts of the Office of the Public Protector shall
be audited annually or whenever necessary by the Auditor-General.

(3) The Auditor-General’s fees shall be paid by the Office of
the Public Protector. 34. (1) As soon as practicable, but not later than ninety days
from the end of the financial year, the Office of the Public Protector
shall submit to the Speaker a report concerning its activities during
that financial year. (2) The report referred to in subsection (1) shall include
information on the financial affairs of the Office of the Public
Protector and there shall be appended to the report—
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Speaker may require. (3) The Clerk of the National Assembly shall, not later than
seven days after the first sitting of the National Assembly next
after receipt of the report referred to in subsection (1), lay the
report before the National Assembly. Financial
year
Accounts and
audits
Annual
report
440 No. 15 of 2016] Public Protector

in subsection (1), lay the
report before the National Assembly. Financial
year
Accounts and
audits
Annual
report
440 No. 15 of 2016] Public Protector

PART VII
GENERAL P ROVISIONS
35. The Public Protector shall in the performance of the Public
Protector’s functions under this Act, provide added protection to
vulnerable persons, including children, women and persons with
disabilities, where a State institution engages in or is about to engage
in a maladministration which is a significant and substantial
infringement of their rights. 36. The Office of the Public Protector shall endeavour to
resolve any disputes, or rectify any act or omission through
mediation, conciliation and negotiation. 37. (1) The Office of the Public Protector may disclose to
any person the findings, observations, comments or
recommendations of a matter investigated by the Public Protector
where the disclosure is not prejudicial to
(a) State security;
(b) diplomatic relations;
(c) the safety of life or property of a person;
(d) the privacy of an individual, other than the applicant or
the person on whose behalf an application has, with
proper authority, been made;
(e) a State institution’s position in any actual or contemplated
legal proceedings; or
(f) legal professional privilege.

proper authority, been made;
(e) a State institution’s position in any actual or contemplated
legal proceedings; or
(f) legal professional privilege.

(2) The Public Protector may, at any time, submit any other
report to the National Assembly when required to do so. 38. (1) The Public Protector may order that the expenses or
a portion of the expenses incurred by a person in the course of, or
in connection with, an investigation by the Public Protector, be paid
from public funds. (2) A person appearing before the Public Protector shall be
entitled to receive monies appropriated for witness fees in an
amount equal to the amount which the person would have received
as witness fees for the attendance as a witness in criminal
proceedings. 39. (1) A person shall not, without the consent in writing
given by or on behalf of the Public Protector, publish or disclose to
an unauthorised person, otherwise than in the course of the duties
of that person, the contents of a document, communication or
information which relates to, or which has come to the knowledge
of the person in the course of that person’s duties under this Act. Protection of
vulnerable
persons
Alternative
dispute
resolution
Reports and
findings
Expenses
and witness
fees
Prohibition
of publica-
tion or
disclosure of
information
to
unauthorised
persons
Public Protector [No.

Reports and
findings
Expenses
and witness
fees
Prohibition
of publica-
tion or
disclosure of
information
to
unauthorised
persons
Public Protector [No.

15 of 2016 441

15 of 2016 441

(2) A person who contravenes subsection (1) commits an
offence and is liable, upon 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 any other person, commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a term not
exceeding two years, or to both. 40. (1) The provisions of the Public Interest Disclosure
(Protection of Whistleblowers) Act, 2010, shall apply in relation to
the protection of whistleblowers and other related matters.

c Interest Disclosure
(Protection of Whistleblowers) Act, 2010, shall apply in relation to
the protection of whistleblowers and other related matters.

(2) Despite subsection (1), where it appears to the Public
Protector that as a result of assisting the Office of the Public
Protector or the court, the safety of a witness, expert, victim or
other person may be prejudiced or the witness, expert, victim or
other person may be subject to threats, intimidation or harassment,
the Public Protector shall make such arrangements as are necessary
to protect—
(a) the safety of such witness, expert or victim; or
(b) any other person from threats, intimidation or harassment. (3) For the purposes of subsection (2), “assisting the Office
of the Public Protector or court” includes—
(a) appearance or impending appearance before the Office
of the Public Protector or the court to give evidence or
produce a document or other thing;
(b) production or proposed production of a document or other
thing to the Office of the Public Protector or the court
under this Act; or
(c) assisting or having assisted the Office of the Public
Protector or the court in some other manner in
accordance with the provisions of this Act.

r
(c) assisting or having assisted the Office of the Public
Protector or the court in some other manner in
accordance with the provisions of this Act.

(4) The Public Protector may, in providing the arrangements
referred to in subsection (2), collaborate with other public agencies
and authorities. (5) The public agencies and authorities referred to in subsection
(4) shall, as far as reasonably possible, assist the Office of the
Public Protector in the provision of the arrangements for the
protection of the persons referred to in subsection (2). Protection of
witnesses
Act No. 4 of
2010
442 No. 15 of 2016] Public Protector

ements for the
protection of the persons referred to in subsection (2). Protection of
witnesses
Act No. 4 of
2010
442 No. 15 of 2016] Public Protector

(6) Subject to subsection (1), in any trial for an offence under
this Act, a witness shall not be obliged to—
(a) disclose the identity or address of an informer or person
assisting or who assisted the Office of the Public
Protector in an investigation into an alleged or suspected
offence under this Act; or
(b) state any matter which may disclose the identity or address
of an informer or person referred to in paragraph (a). (7) Where a document which is in evidence or liable to
inspection in a civil or criminal proceeding under this Act contains
an entry or passage in which an informer is named or described or
which might lead to the person’s discovery, the court before which
the proceedings is held shall cause such entry or passage to be
concealed from view or to be obliterated in such a manner as, in
the opinion of the court, shall not disclose the identity of the informer.

sage to be
concealed from view or to be obliterated in such a manner as, in
the opinion of the court, shall not disclose the identity of the informer.

(8) An action or proceeding, including disciplinary action, shall
not be instituted or maintained against a witness, expert, victim or
other person in respect of—
(a) assistance given by the witness, expert, victim or other
person to the Office of the Public Protector or the court;
or
(b) a disclosure of information made by the witness, expert,
victim or other person to the Office of the Public
Protector or the court. (9) A person who contravenes this section commits an offence
and is liable, upon conviction, to a fine not exceeding two hundred
thousand penalty units or to imprisonment for a term not exceeding
two years, or to both. 41. (1) A person shall not—
(a) knowingly make, or cause to be made, to the Public
Protector an officer or a member of staff of the Office
of the Public Protector, a false testimony or false report
in any material particular on a matter under investigation;
(b) knowingly mislead the Public Protector, an officer or a
member of staff of the Office of the Public Protector
by giving any false information or statement or making
a false allegation;
General
offences
Public Protector [No. 15 of 2016 443

the Public Protector
by giving any false information or statement or making
a false allegation;
General
offences
Public Protector [No. 15 of 2016 443

(c) obstruct, assault, insult, hinder, delay or impersonate the
Public Protector, an officer or a member of staff of the
Office of the Public Protector in the lawful exercise of
the powers conferred on the Public Protector, an officer
or a member of staff of the Office of the Public Protector
under this Act;
(d) refuse or fail, without reasonable cause, to give the Public
Protector, an officer or a member of staff of the Office
of the Public Protector on request, a document or
information required for purposes of this Act;
(e) fail to comply with a lawful summon, order or directive of
the Public Protector, an officer, or member of staff of
the Office of the Public Protector under this Act; or
(f) destroy anything or prevent the seizure of any property or
document or securing of the property or document. (2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or imprisonment for a term not
exceeding two years, or to both. 42.

iable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or imprisonment for a term not
exceeding two years, or to both. 42.

(1) The Chief Justice may, by statutory instrument, make
rules relating to—
(a) the manner and form for lodging of complaints;
(b) the manner and form of summoning persons by the Public
Protector;
(c) the form and manner of service of a summons requiring
the attendance of a witness and the production of any
book, record, document or thing;
(d) the proceedings of the Public Protector;
(e) the procedure to be followed and rules of evidence to be
observed in proceedings before the Public Protector;
and
(f) the functions of experts and assessors. (2) Rules made under this section may, in particular, provide —
(a) that before any matters are referred to the Office of the
Public Protector, they shall, in such manner as may be
provided by the rules, have been brought before and
investigated by the Public Protector in this respect;
(b) for securing notices for the proceedings and specifying
the time and manner of the proceedings;
Rules
444 No. 15 of 2016] Public Protector

espect;
(b) for securing notices for the proceedings and specifying
the time and manner of the proceedings;
Rules
444 No. 15 of 2016] Public Protector

(c) for securing that a party to the proceedings shall, if that
person requires, be entitled to be heard by the Public
Protector; and
(d) the manner and form of enforcement of decisions made
by the Public Protector. 43. (1) The Minister may, by statutory instrument, make
regulations for the better carrying out of the provisions of this Act. (2) Despite the generality of subsection (1), regulations may
provide for the following matters:
(a) the prevention of maladministration generally;
(b) protection of informers, witnesses,whistleblowers,
complainants and other persons for purposes of this
Act; and
(c) anti-maladministration strategies in State institutions. 44. (1) The Commission for Investigations Act, 1991, is
repealed. (2) Despite subsection (1), the investigations, prosecutions and
other legal proceedings, instituted or commenced under the repealed
Act, and pending immediately before the commencement of this
Act by or against the Commission, may be continued by or against
the Office of the Public Protector.

nding immediately before the commencement of this
Act by or against the Commission, may be continued by or against
the Office of the Public Protector.

(3) Despite subsection (1), all the property, assets, rights,
liabilities and obligations of the Commission existing immediately
before the commencement of this Act shall vest in, and subsist
against, the Office of the Public Protector, together with the rights,
liabilities and obligations arising out of any contract or otherwise,
as if this Act had not come into force. (4) Subject to the other provisions of this Act, a person who
immediately before the commencement of this Act held office as a
Commissioner shall cease to hold that office on the commencement
of this Act. 45. (1) A person who was an officer or member of staff of
the Commission before the commencement of this Act shall continue
to be an officer or member of staff, as the case may be, as if
appointed or employed under this Act. (2) The service of persons referred to in subsection (1) shall
be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the Commission before the
commencement of this Act. Regulations
Repeal of
Cap. 39
Staff of
Commission
Cap. 39
Public Protector [No. 15 of 2016 445

446