WHO IS THE PUBLIC PROTECTOR
The Public Protector is an official who is charged with the responsibility of representing the interests of the public by investigating and addressing complaints of maladministration or a violation of rights. The Public Protector is appointed by the President on recommendation of the Judicial Service Commission subject to ratification by Parliament.
The Public Protectors discharges his/her functions through the Office of the Public Protector which acts as a secretariat and is headed by the Chief Administrator who is responsible for the day to day affairs of the office.
What can be Investigated
- 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
- 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
- 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
- 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.
- 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.
- 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.
- 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
The Public Protector shall not investigate a matter which
- is before a court, court martial or a quasi-judicial body
- relates to an officer in the Parliamentary Service or Judicial Service
- involves the relations or dealings between the Government and foreign government or an international organization
- relates to the exercise of the prerogative of mercy; or
- is criminal in nature.
ADMINISTRATIVE FEE CHARGED BY OUR OFFICE
There is NO fee that is charged to a member of the general public when he or she approaches the Office of the Public Protector to lodge a complaint. All services offered are FREE and open to any member of the public.