This Act was repealed on 2016-06-07 by Public Protector Act, 2016.
Commission for Investigations Act, 1991
Related documents
- Is repealed by Public Protector Act, 2016
Zambia
Commission for Investigations Act, 1991
Chapter 39
- Published
- Commenced on 6 September 1991
- [This is the version of this document at 31 December 1996.]
- [This legislation has been revised and consolidated by the Ministry of Legal Affairs of the Government of the Republic of Zambia. This version is up-to-date as at 31st December 1996.]
- [Repealed by Public Protector Act, 2016 (Act 15 of 2016) on 7 June 2016]
Part I – Preliminary
1. Short title
This Act may be cited as the Commission for Investigations Act.2. Interpretation
In this Act, unless the context otherwise requires—"chairman" in relation to the Commission means the Investigator-General; or any Commissioner elected as such at any meeting of the Commission;"Commission" means the Commission for Investigations established by this Act;"Commissioner" means a member of the Commission other than the Investigator-General;"the Court" means the High Court;"high judicial office" means the office of a judge of a court of unlimited juridiction in civil and criminal matters in some part of the Commonwealth or in the Republic of Ireland or the office of a judge of a court having jurisdiction in appeals from such a court;"Investigator-General" means the Investigator-General appointed under the Constitution."local authority" means a council established under the Local Government Act and any other authority declared by Act of Parliament to be a local authority;[Cap. 281]"Member" in relation to the Commission means a Commissioner or the Investigator-General;"Secretary" means the person appointed under section six to be the secretary of the Commission;3. Application
Part II – Establishment of Commission and appointments
4. The Commission
5. Commissioners
6. Secretary staff
The Commission shall employ a secretary and such other members of the staff of the Commission as the Commission may determine who shall be public officers.7. Oaths on appointment
Part III – Power and procedure
8. Jurisdiction
The Commission shall have jurisdiction to inquire into the conduct of any person to whom this Act applies in the exercise of his office or authority, or in abuse thereof—9. Provisions relating to complaints and allegations
10. No inquiry in certain cases
11. Commission to act notwithstanding finality, etc.
Subject to the provisions of this Act, the Jurisdiction and powers conferred on the Commission may be exercised notwithstanding any provision in any written law to the effect that an act or omission shall be final, or that no appeal shall lie in respect thereof, or that no proceeding or decision shall be challenged, reviewed, quashed or called in question.12. Orders by Commission
Where it appears to the Commission that any inquiry under this Act is likely to be frustrated or prejudiced by an action taken or about to be taken by any person to whom the Act applies, the Commission may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of conducting any investigation, and any such order, writ or direction shall have the same force as an order, writ or direction of the Court.13. Power to summon witnesses
14. Productions of documents and furnishing information
Subject as hereinafter provided, the Commission may, for the purposes of an inquiry under this Act, require any person who in its opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document, and no obligation to maintain secrecy or other restriction upon the disclosure of information, whether imposed by law or otherwise, shall apply to the disclosure of information for the purposes of an investigation under this Act; and the Republic shall not be entitled in relation to any such investigation to any such privilege in respect of the production of documents or the giving of evidence as is allowed by law in legal proceedings:Provided that where the President certified that the giving of any information, or the production of any document—15. Power to enter premises
For the purposes of this Act, the Commission may by warrant in 1-G Form 7 set out in the Second Schedule enter upon any premises and thereon carry out any inspection for the purposes of an investigation:Provided that where the President certifies that entry upon or inspection of any premises—16. Investigations to be in camera
Every investigation shall be conducted in camera.17. Evidence and procedure
18. Witness allowance
A person summoned as a witness under this Act may, on the order of the Commission, be paid from moneys appropriated by Parliament for the purpose of such allowances as may be prescribed by the Commission.19. Offences relating to witnesses, etc.
Part IV – Reports and enforcement
Submission of reports to the President
20. Submission of reports to President and National Assembly
The Commission shall submit to the President a report of every investigation it has conducted which shall contain—21. Enforcement and notification of result
22. Report to Parliament
Part V – Immunities of the Commission
23. Finality of Commissions acts
No investigation, proceeding, process or report of the Commission shall be held bad for any error or irregularity of form or be challenged, reviewed, quashed or called in question in any court save on the ground of lack of jurisdiction.24. Immunity of members and staff of Commission and other persons
Part VI – Rules
25. Rules
The Commission may, by statutory instrument, make rules prescribing anything which under this Act may be prescribed.26. ***
[Obsolete]History of this document
07 June 2016
Repealed by
Public Protector Act, 2016
31 December 1996 this version
Consolidation
06 September 1991
Commenced