BackThe Office of the Ombudsman in Zambia has undergone a number of changes, which will be beneficial to the public in terms of more efficient and effective service delivery. On 5 January 2016, His Excellency Mr Edgar C. Lungu, the President of the Republic of Zambia signed the Constitution Bill Number 17 of 2015 which amongst other clauses changed the Office of the Investigator General to the Office of the Public Protector.
As of 5th January, the functions of the Ombudsman of Zambia that were carried out by the Office of the Investigator General have now been inherited by the Office of the Public Protector. However, The Commission for Investigations continues to carry out its function as a secretariat for the Public Protector and complaint handling body under the auspices of Chapter 39 of the Laws of Zambia.
This constitutional innovation provides the institution of the Public Protector with the necessary protection required of it to properly carry out the functions of the Ombudsman with integrity and independence, as a Parliamentary Ombudsman Office.
Chapter 252 of the amended Constitution provides for the appointment of a Public Protector by the President, on the recommendation of the Judicial Service Commission, subject to ratification by the National Assembly. The Public Protector has powers equivalent to a High Court Judge, among other powers. The office of the Public Protector shall report to the National Assembly on matters concerning its affairs. Whereas in contrast, the Investigator General was an Executive Ombudsman answerable to the Republican President, the Public Protector shall only be answerable to the National Assembly.
However, submission of Annual Reports to the National Assembly by the office of the Investigator General which was an already established statutory requirement shall continue to be carried out as before by the Office of the Public Protector.
Under the former Constitution, the Office of the Investigator General merely made recommendations to the institutions complained against. However, the Public Protector may among other things:
- Investigate an action or decision taken or omitted to be taken by a State Institution in the performance of an administrative function.
- Bring an action before a Court.
- Hear an appeal by a person relating to an action or decision taken or omitted to be taken in respect of that person.
- 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.
As the CFI we look forward to the commencement of the operation of the Zambia’s Parliamentary Ombudsman Office i.e. the Office of the Public Protector. Ms C.C.Z Sokoni currently continues to carry out the duties of the Public Protector.
Source: Office of the Public Protector, Zambia
