CHAPTER 39 - COMMISSION FOR INVESTIGATIONS ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Commission for Investigations Rules
Commission for Investigations (Witnesses’ Allowances and Expenses) Rules
COMMISSION FOR INVESTIGATIONS RULES
Arrangement of Rules
Rule
PART I
PRELIMINARY
1. Title
2. Interpretation
PART II
GENERAL
3. Procedure
4. Investigations
PART III
COMPLAINTS AND ALLEGATIONS
5. Making a complaint or allegation
6. Complaints and allegations to be referred to the Chairman
7. Complaints and allegations to be in confidence
8. Decision to conduct investigation
PART IV
CONDUCT OF INVESTIGATIONS
9. Summoning parties and witnesses
10. Chairman to preside
11. Summary of proceedings
12. Communication of result to complainant
13. Report to President
[Rules by the Commission]
Act 13 of 1994,
SI 151 of 1974.
PART I
PRELIMINARY
These Rules may be cited as the Commission for Investigations Rules.
In these Rules, unless the context otherwise requires—
“Chairman” means the Investigator-General;
“Commission” means the Commission for Investigations established by Article 117 of the Constitution;
“Commissioner” means a Member of the Commission other than the Investigator-General;
“Secretary” means the person appointed to be the Secretary of the Commission.
PART II
GENERAL
(1) The procedure for conducting an investigation shall be such as the Chairman considers appropriate in the circumstances of the case.
(2) Without prejudice to the generality of sub-rule (1), the Commission shall in conducting investigations be guided by these Rules.
If the Commission considers that an investigation ought to be held in any matter it may, at its own instance or on the application of any aggrieved person, hold an investigation and shall do so whenever so directed by the President.
PART III
COMPLAINTS AND ALLEGATIONS
5. Making a complaint or allegation
(1) A complaint or allegation may be made in any of the ways and by any of the persons following, that is to say—
(a) orally by an aggrieved person or his authorised representative; or
(b) in writing by an aggrieved person or his authorised representative.
(2) An oral complaint or allegation shall be made to the Secretary who shall thereupon reduce the same to writing.
{mprestriction ids="2,3,5"}
(3) All written complaints or allegations shall be addressed to the Secretary.
(4) Every complaint or allegation shall be signed or thumb-printed by, and shall bear the full name and address of, the person making it.
(5) No fee shall be payable in respect of any complaint or allegation filed with the Commission.
6. Complaints and allegations to be referred to the Chairman
The Secretary shall, as soon as may be after the receipt of any complaint or allegation, refer the same to the Chairman together with all the documents submitted therewith.
7. Complaints and allegations to be in confidence
(1) All complaints and allegations made to the Commission shall be marked “Confidential” and no complaint or allegation or the contents thereof or any document submitted therewith shall be disclosed to any person or authority and no person or authority shall in any way demand, request or solicit to be informed of any matter which has been or is about to be submitted to the Commission:
Provided that nothing herein contained shall apply to any report or disclosure which the Commission is lawfully required to make.
(2) Any person who contravenes the provisions of this rule shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five hundred penalty units or to imprisonment for a period not exceeding three months or to both.
(3) The Commission may, in its discretion, decline to entertain any complaint or allegation which is known to have been disclosed to any person or authority.
[Am by Act 13 of 1994.]
8. Decision to conduct investigation
(1) The Chairman shall, on receipt from the Secretary of all the documents relating to a complaint or allegation into which the Commission has discretion to inquire, consult with the Commissioners as to whether or not an investigation should be conducted.
(2) Where the Commission considers that an investigation should not be conducted, it shall direct the Secretary to inform the complainant in writing and no reason shall be given for the refusal by the Commission to conduct any investigation.
(3) Where the Commission is directed by the President to conduct an investigation, and in any case in which the Commission considers that an investigation should be conducted, the Chairman shall give directions relating to the manner in which the investigation shall be conducted.
PART IV
CONDUCT OF INVESTIGATIONS
9. Summoning parties and witnesses
(1) The Commission may, if it thinks fit, summon the parties to an investigation and their witnesses, if any, to appear and give evidence at the Commission’s premises in Lusaka or at such other place or places as the Commission may determine.
(2) The Commission may, if it thinks fit, dispense with the personal attendance of any witness or any party to an investigation and may receive affidavits or require any such witness or party to tender evidence on affidavit instead of or in addition to any oral testimony.
(3) All persons appearing before the Commission as parties to an investigation, or as witnesses or interpreters shall, before tendering evidence or entering upon their duties, as the case may be, take an oath or make a solemn declaration or affirmation in such form and in such manner as the Chairman may direct.
(4) No person shall as of right claim to be present or to be represented when any witness or any party to an investigation is giving evidence.
(5) Unless the Chairman otherwise directs, no person other than a Member shall put questions to or in any way examine any witness or party to an investigation.
(6) The rules of evidence applying to the conduct of proceedings before a court of law shall apply to an investigation only to such extent and with such modifications as the Chairman may determine.
(1) The Chairman shall preside at all the investigations conducted by the Commission.
(2) The quorum for the conduct of any investigations shall be three Members.
As soon as may be after the determination of an investigation, the Chairman may direct the Secretary to prepare a report containing a summary of the evidence heard and the Commission’s conclusions, observations and recommendations in relation thereto.
12. Communication of result to complainant
The Secretary shall inform the complainant of the result of an investigation at such time and in such manner as the Chairman may direct.
As soon as may be after the conclusion of an investigation, the Chairman shall personally present to His Excellency the President a report in respect thereof, and shall as soon as practicable after the 31st December in each year cause a report to be presented to the National Assembly.
COMMISSION FOR INVESTIGATIONS (WITNESSES’ ALLOWANCES AND EXPENSES) RULES
[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]
Arrangement of Rules
Rule
1. Title
2. Interpretation
3. Application
4. Persons entitled to allowance
5. Allowances
6. Payment of allowances to witnesses in Class A
7. Matters to be taken into account
8. No additional allowance
9. Increases and reductions
10. Travelling expenses
11. Claims to be submitted to Secretary
12. Commissioner to act in absence of Chairman
[Rules made by the Commission]
SI 152 of 1974,
Act 13 of 1994.
These Rules may be cited as the Commission for Investigations (Witnesses’ Allowances and Expenses) Rules.
In these Rules, unless the context otherwise requires—
“Chairman” means the Investigator-General;
“Commission” means the Commission for Investigations established by Article 117 of the Constitution;
“Commissioner” means a Member of the Commission other than the Investigator-General;
“Secretary” means the person appointed to be the Secretary of the Commission;
“witness” includes an interpreter.
These Rules shall apply to all witnesses summoned to appear before the Commission but shall not apply to any witness who is a public officer.
4. Persons entitled to allowance
A witness who has attended at or for the investigation at the instance of a party or the Commission shall be entitled to allowances unless the Commission shall for sufficient reason disallow the allowances of any such witness.
Subject as hereinafter provided, there shall be paid to any witness entitled thereto allowances calculated in accordance with the Schedule hereto.
6. Payment of allowances to witnesses in Class A
(1) The payment of allowances to any witness described in Class A of the Schedule hereto shall be subject to the provisions of this rule.
(2) Where a witness has lost no wages, earnings or other income by reason of attending at or for an investigation, the sum payable to any such witness shall not, unless otherwise ordered by the Chairman, exceed ten fee units per day.
(3) Where a witness has lost wages, earnings or other income by reason of attending at or for an investigation but the period in respect of which such loss has been incurred does not exceed four hours, the sum payable to any such witness shall not, unless otherwise ordered by the Chairman, exceed sixty fee units per day.
[Am by Act 13 of 1994.]
7. Matters to be taken into account
There shall be taken into account in calculating allowances payable to a witness any time during which such witness is necessarily detained for the purposes of an investigation, and any time reasonably occupied in travelling to the venue of an investigation.
No additional allowance will be paid merely because the witness attends in respect of more than one investigation on the same day.
If in the opinion of the Chairman a strict adherence to these Rules would result in hardship, he may in his discretion increase the amounts payable, and if in his opinion a reduction in any of the allowances provided for by these Rules is justified in any particular case, he may in his discretion reduce or disallow the amounts payable.
(1) In addition to any sum to which a witness may be entitled under these Rules, all witnesses shall also be entitled to be reimbursed in respect of any expenses actually and reasonably incurred in travelling to and from the venue of an investigation, and for necessary accommodation and subsistence.
(2) If in the opinion of the Chairman the sums expended and claimed exceed what is reasonable, he may in his discretion reduce or disallow the amounts payable.
(3) If any witness travels by his motor vehicle or motor cycle he may claim travelling expenses at the rate of one fee unit per kilometer and one fee unit per kilometer, respectively.
[Am by Act 13 of 1994.]
11. Claims to be submitted to Secretary
All claims for payment of allowances and expenses shall be submitted to the Secretary.
12. Commissioner to act in absence of Chairman
In the absence of the Chairman the powers and responsibilities vested in him by these Rules may be exercised or performed by a Commissioner.
[Rule 4]
[Am by Act 13 of 1994.]
WITNESSES’ ALLOWANCES
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Class of Person Minimum Sum Payable Maximum Sum Payable A. Professional persons, owners, directors or managers of businesses and expert witnesses; clerks, artisans and persons of similar status 60 160 B. Peasants, labourers and persons of similar status 3 15 {/mprestriction} |