98
No. 2 of 2016] Constitution of Zambia (Amendment)
(6) A person summoned to give evidence or to produce a
document before the Public Protector is entitled, in respect of that
evidence or the production of the document, to the same privileges
and protection as those that a person would be entitled to before a
court.
(7) An answer by a person to a question put by the Public
Protector is not admissible in evidence against that person in civil
or criminal proceedings, except for perjury.
Limitation of
powers of
Public
Protector
245. The Public Protector shall not investigate a matter which—
(a) is before a court, court martial or a quasi-judicial body;
(b) relates to an officer in the Parliamentary Service or Judicial
Service;
(c) involves the relations or dealings between the Government
and foreign government or an international organisation;
(d) relates to the exercise of the prerogative of mercy; or
(e) is criminal in nature.
Performance
of functions
of Public
Protector
during
absence,
illness or
other cause
246. Where the Public Protector is absent from Zambia or is
unable to perform the functions of office due to illness or other
cause, the President shall appoint a person qualified to perform the
functions of the Public Protector until that appointment is revoked
or until the Public Protector returns to office.
Tenure of
office of
Public
Protector
247. (1) Subject to this Article, the Public Protector shall retire
from office on attaining the age of sixty years.
(2) The Public Protector may retire, with full benefits, on
attaining the age of fifty-five years.
(3) The Public Protector may be removed from office on the
same grounds and procedure as apply to a judge.
(4) The Public Protector may resign from office by three months’
notice, in writing, to the President.
Report to
National
Assembly
248. The office of the Public Protector shall report to the
National Assembly on matters concerning its affairs.
Auditor-General
AuditorGeneral
249. (1) There shall be an Auditor-General who shall be
appointed by the President, on the recommendation of the State
Audit Commission, subject to ratification by the National Assembly.