Constitution of Zambia (Amendment)
[No. 2 of 2016 97
(2) A person qualifies for appointment as Public Protector if
that person—
(a) is qualified to be appointed as a judge; and
(b) does not hold a State office or Constitutional office.
(3) The office of Public Protector shall be decentralised to the
Provinces and progressively to districts, as prescribed.
(4) The procedures, staff, finances, financial management,
administration and operations of the office of the Public Protector
shall be prescribed.
244. (1) The Public Protector may investigate an action or
decision taken or omitted to be taken by a State institution in the
performance of an administrative function.
(2) For purposes of clause (1), an action or decision taken or
omitted to be taken is an action or decision which is—
(a) unfair, unreasonable or illegal; or
(b) not compliant with the rules of natural justice.
(3) For purposes of clauses (1) and (2), the Public Protector
may—
(a) bring an action before a court;
(b) hear an appeal by a person relating to an action or decision
taken or omitted to be taken in respect of that person;
and
(c) make a decision on an action to be taken against a public
officer or Constitutional office holder, which decision
shall be implemented by an appropriate authority.
(4) The Public Protector shall not be subject to the direction or
control of a person or an authority in the performance of the
functions of office.
(5) The Public Protector has the same powers as those of the
High Court in—
(a) enforcing the attendance of witnesses and examining them
on oath;
(b) examining witnesses outside Zambia;
(c) compelling the production of documents;
(d) enforcing decisions issued by the Public Protector; and
(e) citing a person or an authority for contempt for failure to
carry out a decision.
Functions of
Public
Protector