96
No. 2 of 2016]
Qualifications
of members
of
commissions
Constitution of Zambia (Amendment)
240. A person qualifies to be appointed as a member of a
commission if that person—
(a) is a citizen;
(b) is permanently resident in Zambia;
(c) has not, in the immediate preceding five years, served a
term of imprisonment of at least three years;
(d) declares that person’s assets and liabilities, as prescribed;
(e) has paid that person’s taxes or has made arrangements
satisfactory to the appropriate tax authority for the
payment of the taxes;
(f) does not have a mental or physical disability that would
make the person incapable of performing the functions
of office;
(g) is not serving a sentence of imprisonment for an offence
under a law; and
(h) has other qualifications, as prescribed.
General
powers of
commissions
241.
A commission—
(a) shall appoint its staff;
(b) may refer matters within its mandate to appropriate State
organs or State institutions for action;
(c) may initiate its own investigations and receive complaints
from a person on matters within its mandate;
(d) shall take measures to ensure that State institutions and
other persons comply with its decisions; and
(e) shall submit annual reports to the National Assembly on
its accounts and activities as prescribed.
Legislation
on
commissions
242. The functions, composition, appointment of members,
tenure of office of members, processes and procedures, operations,
administration, structures, finances and financial management of a
commission shall be prescribed.
Other Independent Offices
Public Protector
Public
Protector
243. (1) There shall be a Public Protector who shall be
appointed by the President, on the recommendation of the Judicial
Service Commission, subject to ratification by the National
Assembly.