38
No. 2 of 2016]
Advisory
Committee
on
prerogative
of mercy
Constitution of Zambia (Amendment)
96. (1) There shall be an Advisory Committee on the
prerogative of mercy which shall consist of persons appointed by
the President.
(2) The Advisory Committee shall advise the President on an
action or a decision to be taken in relation to a person convicted of
an offence by a court or court-martial.
(3) A member of the Advisory Committee shall hold office at
the pleasure of the President.
(4) The President may preside at a meeting of the Advisory
Committee.
(5) The Advisory Committee shall determine its own procedure
for meetings.
Prerogative
of mercy
97. (1) The President may, on the advice of the Advisory
Committee—
(a) conditionally or unconditionally, pardon a person convicted
of an offence;
(b) substitute a less severe form of punishment imposed on a
person by a court; or
(c) remit the whole or part of a fine, penalty or forfeiture.
(2) A person who is sentenced to death may request the
President, either directly or through a representative, for a pardon
or commutation of the sentence.
Protection of
President
from legal
proceedings
98. (1) A person shall not institute or continue civil
proceedings against the President or a person performing executive
functions, as provided in Article 109, in respect of anything done or
omitted to be done by the President or that person in their private
capacity during the tenure of office as President.
(2) The President shall not, in the President’s private capacity
during the tenure of office as President, institute or continue civil
proceedings against a person.
(3) For purposes of clauses (1) and (2), where a law limits the
time within which proceedings may be brought against a person,
the term of office shall not be taken into account in calculating the
period of time.
(4) Subject to clause (9), the President or a person performing
executive functions, as provided in Article 109, is immune from
criminal proceedings which immunity continues after that person
ceases to hold or perform the functions of that office.