CHAPTER 41 - INQUIRIES ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Legal and Justice Sector Reforms Commission
SI 94 of 1998,
SI 102 of 1999.
THE COMMISSION in the Schedule hereto, issued by the President is published in accordance with the provisions of section 2 of the Inquiries Act.
SCHEDULE
A COMMISSION
THE PRESIDENT, MR FREDERICK JACOB TITUS CHILUBA, President of the Republic of Zambia
To:
JUSTICE JAPHET BANDA
GREETINGS:
WHEREAS in my opinion it is advisable for the public welfare, law and order to appoint a Commission to inquire into the matters hereinafter set out:
NOW THEREFORE, by virtue and in exercise of the powers conferred upon me by the Inquiries Act, I do, by this Commission under my hand and the Public Seal of the Republic of Zambia, appoint the said-
JUSTICE JAPHET BANDA
REVEREND DR JOE IMAKANDO
[Ins by para (a) of SI 102 of 1999.]
DARIUS KALEBO ESQ
[Ins by para (a) of SI 102 of 1999.]
To be Commissioners with all the powers of the said Act conferred and I do hereby authorise and require you in the manner of the said Act provided–
[Am by para (b) of SI 102 of 1999.]
1. To investigate and report on the allegations of torture , abuses or violation of human rights on the person suspected of involvement in the attempted coup of 28 October, 1997, by members of the Security and Police forces as raised in the report of the Human Rights Commission dated 30th March, 1998, but without prejudice to the generality of this power–
(a) to examine the powers of investigation of the security and police forces in relation to the investigation of the October 28 attempted coup;
(b) to examine the nature of and the extent to which the person suspected of involvement in the October attempted coup were subjected to torture, abuses or violations of human rights by the members of the security and police forces during their investigations into the said October 28 attempted coup;
(c) to determine and establish the facts of the circumstances prevailing during the investigations of the said October 28 attempted coup;
(d) to identify the security and police officers, if any, involved in the acts of torture;
(e) in light of your findings to recommend appropriate administrative or disciplinary measures that should be taken in order to avoid recurrence in the future of torture, abuse or violations of human rights during investigations by security and police forces and to recommend on measures to improve on investigative methods by the said forces; and
(f) to take into account any other matters or issues raised in the Report of the Human Rights Commission dated 30th March, 1998.
2. To make such recommendation with regard to the matters covered by the first term of reference including the awarding of compensation where applicable as the Commission of Inquiry may in light of the findings deem appropriate.
And I hereby direct that you the said JUSTICE JAPHET BANDA be the Chairman of the said Commission;
[Ins by para (c) of SI 102 of 1999.]
AND I hereby direct that the person before whom you shall take and subscribe the oath or affirmation required by the aforesaid Act shall be MR JUSTICE MATHEW MICHA SAMSON WATABA NGULUBE, Chief Justice;
AND I hereby direct that the said inquiry shall be held at Lusaka, Kabwe, Kitwe and at such other places as may be deemed necessary by the Commission;
AND I hereby authorise the Commissioner to engage the services of such advisers and experts as he deems necessary to aid and assist him in the inquiry;
AND I hereby direct that the report of the inquiry shall be rendered to me as soon as possible after the Commissioner has completed his inquiries and decided upon the recommendations;
AND I hereby appoint GERTRUDE CHITI MUKUKA CHAWATAMA to be the Secretary and EDWIN MULUKU MWENDABAI to be the Deputy Secretary for the purpose of this inquiry;
[Am by para (d) of SI 102 of 1999.]
AND I lastly do hereby command all persons whom it may concern to take due notice hereof and give their obedience accordingly.
GIVEN under my hand and tnhe Public Seal of the Republic of Zambia of Lusaka this 11th day of August, the year of our Lord 1000 nine hundred and ninety-eight
[Section 2]
SI 40 of 2003,
SI 42 of 2003,
SI 44 of 2003,
SI 86 of 2003,
SI 134 of 2003,
SI 56 of 2004,
SI 84 of 2004.
SCHEDULE
A COMMISSION
THE PRESIDENT, MR. LEVY PATRICK MWANAWAS, SC. President of the Republic of Zambia–
To:
1. WILA MUNG’OMBA, ESQ
2. Repealed
[Rep by para(a) of SI 56 of 2004.]
3. DOCTOR SIPULA KABANJE, MP
4. SENIOR CHIEF NALUBAMBA
5. SENIOR CHIEF INYAMBO
6. CHIEFTAINESS NKOMESHYA MUKAMAMBO II
7. CHIEF MWANSAKOMBE
8. MS ROSEMARY CHIPHAZI BANDA, MP
9. LUCUS LIMBIKANI PHIRI, MP
10. MWITILA CHRISPIN SHUMINA, MP
11. KENNEDY MBOLEBE SHEPANDE, MP
12. BENNY TETEMASHIMBA, MP
13. AUSTIN LIATO, MP
14. Repealed
[Rep by para(d) of SI 134 of 2003.]
15. BEN KAPITA, ESQ
16. FAUSTINO LOMBE, ESQ
17. RIDGEWAY LIWENA, ESQ
18. Sam Phiri, ESQ
[Subs by para (b) of SI 134 of 2003.]
19. MS JOYCE NONDE
20. REVEREND DAVID MASUPA
21. Repealed
[Rep by para(a) of SI 42 of 2003.]
22. ALEX CHOLA KAFWABULULA, ESQ
23. MRS NELLIE BUTETE KASHUMBA MUTTI
24. BISHOP JOHN MAMBO
25. PROFESSOR MUTALE CHANDA
26. CHRISTOPHER MUNDIA, ESQ
27. COSMAS MWANANSHIKU, ESQ
28. Charles Hector Sambondu, ESQ
[Subs by para (c) of SI 134 of 2003.]
29. MRS HILLARY MULENGA FYFE
30. PROFESSOR MPHANZA PATRICK MVUNGA
31. EMMANUEL MUSONDA, MP
32. RONALD BANDA, MP
33. DICKSON JERE, ESQ
34. Repealed
[Rep by para(d) of SI 86 of 2003.]
35. MS CHARITY MWANSA
36. MS ROSEMARY CHIPAMPE, MP
37. Repealed
[Rep by para(d) of SI 134 of 2003.]
38. ALI SIMWINGA, ESQ
39. HICKS SIKAZWE, ESQ
40. JITESH NAIK, ESQ
41. DALE LITANA, ESQ
ROBERT HENRY MATAKA ESQ
[Ins by para(b) of SI 42 of 2003.]
DOCTOR JOSHUA KANGANJA
[Ins by para(b) of SI 42 of 2003.]
LEVY MUSTEKA ESQ
[Ins by para (b) of SI 42 of 2003.]
William Harrington, ESQ
[Ins by para (b) of SI 86 of 2003.]
Enock Shamapani, ESQ
[Ins by para (e) of SI 134 of 2003.]
Kelvin Hambwezya, ESQ
[Ins by para (b) of SI 86 of 2003.]
Lauren Mwanza Sikaonga
[Ins by para (b) of SI 86 of 2003.]
Nason Chongo Musonda, ESQ
[Ins by para (b) of SI 86 of 2003.]
GREETINGS:
WHEREAS the Government is committed to a review of the constitution of Zambia in order to ensure that the Constitution eventually enacted is owned by the people of Zambia as their own Constitution;
AND whereas the Government believes that the Constitution of Zambia should place national interests above factional interests;
AND WHEREAS it is desirable that there should be the widest possible public participation in the formulation of the constitution as well as in its operation:
AND whereas in my opinion it is advisable for the public welfare to appoint Commissioners to inquire into the matters hereinafter set out:
NOW THEREFORE, by virtue and in exercise of the conferred upon me by the Inquiries Act, I do, by this Commission under my hand and the public seal of the Republic of Zambia, appoint you the said–
1. WILA MUNG’OMBA, ESQ
2. Repealed
[Rep by para(a) of SI 56 of 2004.]
3. DOCTOR SIPULA KABANJE, MP
4. SENIOR CHIEF NALUBAMBA
5. SENIOR CHIEF INYAMBO
6. CHIEFTAINESS NKOMESHYA MUKAMAMBO II
7. CHIEF MWANSAKOMBE
8. MS ROSEMARY CHIPHAZI BANDA, MP
9. LUCAS LIMBIKANI PHIRI, MP
10. MWITILA CHRISPIN SHUMINA, MP
11. KENNEDY MBOLOBE SHEPANDE, MP
12. BENNY TETAMASHIMBA, MP
13. AUSTIN LIATO, MP
14. Repealed
[Rep by para(a) of SI 134 of 2003.]
15. BEN KAPITA, ESQ
16. FAUTINO LOMBE, ESQ
17. RIDGEWAY LIWENA, ESQ
18. Sam Phiri, ESQ
[Subs by para (b) of SI 134 of 2003.]
19. MS JOYCE NONDE
20. REVERED DAVID MASUPA
21. Repealed
[Rep by para(a) of SI 42 of 2003.]
22. ALEX CHOLA KAFWABULULA, ESQ
23. MRS NELLIE BUTETE KASHUMBA MUTTI
24. BISHOP JOHN MAMBO
25. PROFESSOR MUTALE CHANDA
26. CHRISTOPHER MUNDIA, ESQ
27. COSMAS MWANANSHIKU ESQ
28. Charles Hector Sambondu, ESQ
[Subs by para (c) of SI 134 of 2003.]
29. MRS HILLARY MULENGA FYFE
30. PROFESSOR MPHAZI PATRICK MVUNGA
31. EMMANUEL MUSONDA, MP
32. Levy Joseph Ngoma, MP
[Rep by para (f) of SI 134 of 2003.]
33. DICKSON JERE, ESQ
34. Repealed
[Rep by para(d) of SI 86 of 2003.]
35. MS CHARITY MWANSA
36. Repealed
[Rep by para(d) of SI 134 of 2003.]
37. MS ROSEMARY CHIPANDE, MP
38. ALI SIMWINGA, ESQ
39. HICKS SIKAZWE
40. JITESH NAIK, ESQ
41. DALE LITANA, ESQ
ROBERT HENRY MATAKA ESQ
[Ins by para(b) of SI 42 of 2003.]
DOCTOR JOSHUA KANGANJA
[Ins by para(b) of SI 42 of 2003.]
LEVY MUSTEKA ESQ
[Ins by para (b) of SI 42 of 2003.]
William Harrington, ESQ
[Ins by para (b) of SI 86 of 2003.]
Enock Shamapani, ESQ
[Ins by para (e) of SI 134 of 2003.]
Kelvin Hambwezya, ESQ
[Ins by para (b) of SI 86 of 2003.]
Lauren Mwanza Sikaonga
[Ins by para (b) of SI 86 of 2003.]
Nason Chongo Musonda, ESQ
[Ins by para (b) of SI 86 of 2003.]
to be Commissioner with all powers of the said Act conferred and I do hereby authorise and require you in the manner of the said act provided–
To:
1. Collect views by all practicable means from the general public, in such places, within Zambia, as you may consider necessary, and from Zambians living outside Zambia, on what type of Constitution Zambia should enact, bearing in mind that the constitutional should exalt and effectively entrench and promote legal and institutional protection of fundamental human rights and stand the test of time;
2. Recommend a system of government that will ensure that Zambia is governed in a manner that will promote the democratic principles of regular and fair elections, transparency and accountability, and that will guard against the emergence of dictatorial form of government;
3. Recommend appropriate ways and means of entrenching and protecting human rights, the rule of law and good governance in the constitution;
4. Examine and recommend whether the death penalty should be maintained or prohibited by the Constitution;
5. Examine and recommend the elimination of provisions which are perceived to be discriminatory in the Constitution;
6. Recommend provisions to ensure the competence, impartiality and independence of the Judiciary, and access of the public to justice;
7. Examine and recommend the composition and functions of the organs of government and their manner of operating, with a view to maximising on checks and balances and securing, as much as possible their independence;
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8. Examine and recommend whether the holder of the office of Attorney-General should vacate office following a change in Republican Presidents;
9. Examine the effectiveness of the office of the Auditor-General and that of the Investigator-General and recommend means of improving their effectiveness where necessary;
10. Recommend a suitable electoral system to ensure fairness in the conduct of Presidential and Parliamentary elections as well as local government elections;
11. Examine and recommend effective methods to ensure grass root participation in the political process of the country, including what type of provincial and district administration should be instituted;
12. Recommend a suitable system for a smooth transfer of power by the outgoing administration to the incoming administration to the incoming administration following an election;
13. Recommend the relationship that should exist between the party in power and the parties in opposition and whether or not political parties should be funded by government and, if so, to what extent;
14. Examine and recommend the status of a member of parliament who joins another political party or is expelled from the member’s party, whether or not such member should vacate the seat in parliament;
15. Examine constitutional provisions relating to the settlement of election disputes following Presidential and parliamentary elections and recommend a method of ensuring expeditious and final disposal of election petitions;
16. Examine and recommend to what extent issues of gender equality should be addressed in the Zambian constitutional;
17. Examine and recommend whether international agreements should be considered and ratified by the National Assembly prior to Zambia’s ratification of those agreements;
18. Take into account the provisions of the 1964 Republican constitution, previous constitutions and constitutions of other countries;
19. Examine the views submitted to the Chona commission of 1972, the Mvunga commission of 1990, the Mwanakatwe Commission of 1993 and views expressed in constitutional debates of a national nature and make recommendations thereon;
20. Recommend a suitable method of amending any party of the constitution;
21. Recommend on whether the constitution should be adopted, altered or re-enacted by the National Assembly, by a constituent assembly, by a national referendum or by any other method;
22. Recommend ways and means of implementing the recommendation made under item 21 in view of existing constitutional provisions;
23. Examination and recommend whether Cabinet should be appointed from outside the National Assembly or from the National assembly;
24. Examine and recommend whether the number of nominated members of parliament should be increased or reduced in the light of past experience and if so, recommend a suitable number;
25. Examine and recommend to what extent members of the public should participate in the formulation of budgetary proposals and whether or not the time for presentation of the budget in Parliament should be changed and so, to when;
26. Examine provisions relating to government’s accountability and transparency in the expenditure of public funds and those relating to the presentation of a financial report as required by Article 118 of the constitution;
27. Examine provisions of the constitution which impact on press freedom and the freedom of speech;
28. Examine and recommend on any subject-matter of a constitutional, political or economic nature which, in the Commission’ s view has relevance in the strengthening of parliamentary and multiparty democracy.
29. Examine the local government system and recommend how a democratic system of local government as specified in the constitution may be realised;
30. Examine and recommend on any matter which is connected with or incidental to the foregoing terms of reference; and
31. In the discharge of your responsibilities, undertake wide consultations with the public and relevant social, political and economic groups on the terms of reference and endeavour to ensure a high degree of public debate on constitutional proposals for a democratic Zambia.
AND I hereby direct that you the said WILA MUNG’OMBA, ESQ, be the chairperson,and that you said Senior Chief Inyambo Yeta be the Vice Chairperson, and the said Commission;
[Am by para(b) of SI 56 of 2004.]
and I hereby direct that the person before whom shall take and subscribe the oath or affirmation required by the aforesaid Act shall be MR JUSTICE ERNEST LINESI SAKALA, Chief Justice;
[Ins by para of SI 44 of 2003.]
And I hereby direct that one third of the Commissioners shall constitute a quorum but the Commission may, for easier despatch of its business, break into committees;
[Am by para (c) of SI 86 of 2003.]
And I hereby direct that there shall preside at any meeting of the Commission, the Chairperson; in the absence of the Chairperson the Vice-Chairperson and the Vice-Chairperson, such member as the member present may elect from among their number for the purpose of that meeting;
[Ins by para (d) of SI 86 of 2003.]
AND I hereby direct that the said inquiry shall be held in public places in Zambia as the commission may consider necessary
(i) AND I hereby direct that the Commission shall, prior to submitting the final report of the inquiry, publish an interim report together with a draft Constitution and shall invite the public to submit their comments on the interim report and draft Constitution within 90 days of the publication of the interim report and draft Constitution;
[Ins by para(a) of SI 84 of 2004.]
(ii) AND I hereby direct that the Commission shall, in preparing the final report of the inquiry, take into consideration the comments submitted by the public as the Commission considers appropriate;
[Ins by para (a) of SI 84 of 2004.]
AND I hereby direct that the final report of the Inquiry, which should include a draft Constitution, be rendered to me by 31st December, 2005
[Subs by para (b) of SI 84 of 2004.]
AND I hereby appoint MRS GETRUDE MUKUWA KALULU to be Secretary and MRS JUDY MULONGOTI to be Deputy Secretary for the purposes of the said Inquiry;
AND I hereby authorise the Commissioners to engage the services of such advisers and experts a they think necessary to aid and assist them in the said Inquiry;
AND I lastly do hereby command all persons whom it may concern to take due notice hereof and give their obedience accordingly.
GIVEN under my hand and the Public seal of the Republic of Zambia at Lusaka this 17th day of April, the year of our Lord two thousand and three.
SI 60 of 2010.
[Section 2]
SCHEDULE
A COMMISSION
THE PRESIDENT, MR RUPIAH BWEZANI BANDA, President of the Republic of Zambia–
To:
1. PROFESSOR MUYUNDA MWANALUSHI
2. JUSTICE MATHEW NGULUBE (RTD)
3. JAPHET P. MSIMUKO
4. MABVUTO SAKALA
5. YUYI KWALOMBOTA LIBAKENI
6. LLYOD SICHILONGO
7. REDSON LUSALE
8. DANNY MUSENGE
9. MEAMUI GEORGINA LINYAM KONGWA
10. GEORGE T. KAWATU
11. EDGAR IMASIKU
12. PROFESSOR MUTALE CHANDA
13. NANA MUDENDA
14. ROY E MWABA
15. DANY LONGWE
GREETINGS:
WHEREAS in my opinion it is advisable for the public welfare to appoint Commissioners to inquire into the matters hereinafter set out:
NOW THEREFORE, by the virtue and in exercise of the powers conferred upon me by the Inquiries Act, I do, by this Commission under my hand and the public seal of the Republic of Zambia, appoint you the said–
1. PROFESSOR MUYUNDA MWANALUSHI
2. JUSTICE MATHEW NGULUBE (RTD)
3. JAPHET P. MSIMUKO
4. MABVUTO SAKALA
5. YUYI KWALOMBOTA LIBAKENI
6. LLYOD SICHILONGO
7. REDSON LUSALE
8. DANNY MUSENGE
9. MEAMUI GEORGINA LINYAM KONGWA
10. GEORGE T. KAWATU
11. EDGAR IMASIKU
12. PROFESSOR MUTALE CHANDA
13. NANA MUDENDA
14. ROY E MWABA
15. DANY LONGWE
to be Commissioners with all the powers of the said Act conferred and I do hereby authorise and require you in the manner of the said Act provided–
To:
1. Review the salaries, salary structures and conditions of service in the Zambia Public Service (the Civil Service, the Teaching Service, the Local Government Service, the Judicial Service, the Police and Prisons Services, the Defence and Security Services, the National Assembly , Commissions and other statutory bodies) and to make recommendations on whatever changes may be necessary, having particular regard to–
(a) the effect of the last salary review in 1993, and any serious anomalies and inequities arising therefrom;
(b) the rise in the cost of living since the last salary review;
(c) the change in the taxation of earnings since the last salary review;
(d) the taxation of terminal benefits;
(e) the relationship and relativities between Civil Service salaries, conditions of service and benefits, to those of statutory bodies, constitutional office holders, contract employees, political leaders and the private sector;
(f) lining individual, departmental and ministerial performance to reward;
(g) the treatment of non-salary benefits including allowances;
(h) performance related to improvements in productivity, pay systems and monitoring arrangements;
(i) the need for the rationalisation and simplification in salary structure and conditions of service;
(j) labour policies which ensure realistic salaries to all employees in different sectors of the economy bearing the same responsibilities in accordance with the principal of equal pay for equal work;
(k) the need to provide appropriate incentives to attract and retain highly-skilled professional, technical and other categories of staff in order to curb the ever increasing exodus; and
(l) the need to examine the question of how to reconcile the urgent need to redress a serious and sustained shortfall in the levels of existing remuneration and the necessity of stringent public expenditure in view of the current financial situation and consistent with all overall budget constraints;
2. make such recommendations with regard to the matters covered by the first term of reference as the Commission may in the light of its findings consider appropriate;
3. examine the issue of the size and cost of the personnel budget in relation to the national economic performance, Government recurrent and development expenditure, and make appropriate recommendations;
4. examine the current retirement policy for public servants and make appropriate recommendations;
5. recommend a pay policy and a long term comprehensive framework within which future salary reviews, negotiations and adjustments will be undertaken regularly for all categories of public service employees, taking into account factors including the following:
(a) inflation target, cost of living and income-related taxes, and how they should relate to pay adjustments; and
(b) national economic performance and matters which are pertinent to the public revenue;
6. inquire into any other matter which appears to the Commission to relate to the foregoing and which is the opinion of the Commission, in the public interest, needs to the inquired into; and
7. propose the commencement date and method of implementation of the recommendations.
AND I hereby appoint Professor Muyunda Mwanalushi to be the Chairperson and Justice Mathew Ngulube (Rtd) to be Vice-Chairperson, of the said Commission.
AND I hereby direct that you shall take or subscribe the oath or affirmation required by the Act, before the Chief Justice.
AND I hereby direct that the Chairperson or the Vice-Chairperson sitting with not less than six Commissioners shall constitute a quorum.
AND I hereby direct the said Inquiry shall be held in public in Lusaka and in such other places in Zambia as the Commission may consider necessary.
AND I hereby direct that the report of the Inquiry, which should include a draft pay policy, be rendered to me not later than six months from the date of appointment of the Commission.
AND I hereby appoint Japhet P. Msimuko to be Secretary and Mabvuto Sakala to be Deputy Secretary for the purposes of the said inquiry.
AND I hereby authorise the Commissioners to engage the services of such advisers and experts as they may consider necessary to aid and assist them in the said Inquiry.
AND I lastly do hereby command all persons whom it may concern to take due notice hereof and give their obedience accordingly.
GIVEN under my hand and the Public Seal of the Republic of Zambia at Lusaka this 19th day of July, the year of our Lord Two Thousand and Ten.
A COMMISSION
SI 113 of 2011,
SI 114 of 2011,
SI 143 of 2011.
A Commission
THE COMMISSION in the Schedule hereto, issued by the President, is published in accordance with the provisions of section 2 of the Inquiries Act.
SCHEDULE
[Sch am by SI 114 of 2011, SI 143 of 2011.]
A COMMISSION
THE PRESIDENT, MR MICHAEL CHILUFYA SATA, President of the Republic of Zambia—
To:
1. Dr Rodger Chongwe, sc
2. Hon Sebastian Zulu, sc
3. Mr Henry Chanda
4. Miss Inutu Suba
5. Mr. S. S. Mubukwanu
6. Mr Kalimukwa Silisi
7. Mr Nyambe Namushi
8. Chief Bright Nalubamba
9. Mr Willa Mung’omba
10. Kashell Mwenya
GREETINGS:
WHEREAS in my opinion it is advisable for the public welfare to appoint Commissioners to inquire into the matters hereinafter set out:
NOW THEREFORE, by virtue and in exercise of the powers conferred upon me by the Inquiries Act, I do, by this Commission under my hand and the public seal of the Republic of Zambia, appoint you the said-
1. Dr Rodger Chongwe, sc
2. Hon Sebastian Zulu, sc
3. Mr Henry Chanda
4. Miss Inutu Suba
5. Mr. S. S. Mubukwanu
6. Mr Kalimukwa Silisi
7. Mr Nyambe Namushi
8. Chief Bright Nalubamba
9. Mr Willa Mung’omba
10. Kashell Mwenya
to be Commissioners with all the powers of the said Act conferred and I do hereby authorise and require you in the manner of the said Act provided to Inquire into:
1. the cause of the riots that took place in Mongu in the Western Province of the Republic of Zambia on 14th January, 2011, in which two people lost their lives and about one hundred people were arrested in connection with the riots;
2. whether the Barotse Freedom Movement was responsible for the riots and what gave rise to the riotous behaviour;
3. the conduct of the paramilitary and he police force during the riots;
4. whether the rioters were carrying any weapons and if so, whether the force used by the paramilitary police in the riots was proportionate or excessive under the circumstances;
5. whether the riots necessitated the presence of paramilitary police drawn from areas other than the local police constabulary in Mongu;
6. whether the State’s decision to detain the accused in Mumbwa and Lusaka and prosecute them in Mumbwa, was necessary and reasonable;
7. whether the law was complied with in ensuring the welfare of the detainees particularly in regard to medical treatment for those injured during the arrests and what preparations, if any had been made by the authorities when transferring the group to the Mumbwa prison;
8. whether those detained for the riots are entitled to damages for wrongful detention;
9. whether there was interference in due process by the Executive;
10. the current relationship between the Barotse Royal Establishment and the Central Government, to determine whether the same is conductive to the promotion of democratic governance; and
11. ascertain the concerns of the people of Western Province and recommend mechanisms for addressing the concerns.
In performing its functions, the Commission shall take and hear evidence from people from within and outside the Western Province, engage the services of experts in the culture and history of the Western Province to aid and assist it in the inquiry.
AND I hereby appoint Dr Rodger Chongwe, sc to be the Chairperson and Mr Willa Mung’omba to be the Vice-Chairperson, of the said Commission.
AND I hereby direct that you shall take or subscribe the oath or affirmation required by the Act, before the Chief Justice.
AND I hereby direct that the Chairperson or Vice-Chairperson sitting with not less than four Commissioners shall constitute a quorum.
AND I hereby direct that the said Inquiry shall be held in public in Lusaka and in such other places in Zambia as the Commission may consider necessary.
AND I hereby direct that the report of the Inquiry be rendered to me not later than the thirty-first day of January, two thousand and twelve.
AND I hereby appoint Mr Alfred S. Sakwiya to be Secretary for the purposes of the said Inquiry.
AND I hereby authorise the Commissioners to engage the service of such advisers and experts as they may consider necessary to assist them in the said Inquiry.
AND I lastly do hereby command all persons whom it may concern to take due notice hereof and give their obedience accordingly.
GIVEN under my hand and the Public Seal of the Republic of Zambia at Lusaka this 6th day of October, the year of our Lord Two Thousand and Eleven.
A COMMISSION
[Section 2]
Arrangement of Paragraph
Paragraph
SI 117 of 2011.
SCHEDULE
A COMMISSION
THE PRESIDENT, MR MICHAEL CHILUFYA SATA, President of the Republic of Zambia-
To:
1. Mr Kingsley Chanda – Chairperson
2. Mr Katema Mutale – Vice Chairperson
3. Mr Sangayakula Sanga – Commissioner
4. Ms Peggy K. Mulongoti – Commissioner
5. Mr. Oscar Chipoka – Commissioner
6. Mr Frederick Chishala – Commissioner
7. Mr Shubert Sinkala – Commissioner
8. Mrs Agness Musunga – Secretary
GREETINGS:
WHEREAS in my opinion it is advisable for the public welfare to appoint Commissioners to inquire into the matters hereinafter set out:
NOW THEREFORE, by virtue and in exercise of the powers conferred upon me by the Inquiries Act, I do, by this Commission under my hand and the public seal of the Republic of Zambia, appoint you the said-
1. Mr Kingsley Chanda – Chairperson
2. Mr Katema Mutale – Vice Chairperson
3. Mr Sangayakula Sanga – Commissioner
4. Ms Peggy K. Mulongoti – Commissioner
5. Mr. Oscar Chipoka – Commissioner
6. Mr Frederick Chishala – Commissioner
7. Mr Shubert Sinkala – Commissioner
8. Mrs Agness Musunga – Secretary
to be Commissioners with all the powers of the said Act conferred and I do hereby authorise and require you in the manner of the said Act provided to Inquire into:
(a) the awarding of contracts to various institutions by the management of the Zambia Revenue Authority;
(b) whether the contracts referred to in paragraph (a) were awarded in accordance with the applicable laws and procedures;
(c) whether there were any improper or illegal activities that occurred in the operation as the Zambia Revenue Authority; and
(d) matters connected with, or incidental to, the foregoing.
In performing its functions, the Commission shall take and hear evidence from people from within and outside the Zambia Revenue Authority; and
AND I hereby appoint Mr Kingsley Chanda to be the Chairperson and Mr Katema Mutale to be the Vice-Chairperson, of the said Commission.
AND I hereby appoint Agness Musungu to be Secretary for the purposes of the Inquiry.
AND I hereby direct that you shall take or subscribe the oath or affirmation required by the Act, before the Chief Justice.
AND I hereby direct that the Chairperson or Vice-Chairperson sitting with not less than three Commissioners shall constitute a quorum.
AND I hereby direct that the said inquiry shall be held in public in Lusaka and in such other places in Zambia as the Commission may consider necessary.
AND I hereby direct that report of the Inquiry be rendered to me not later than 30 days from the date of appointment of the Commission.
AND I hereby authorise the Commissioners to engage the services of such advisers and experts as they may consider necessary to assist them in the said Inquiry.
AND I lastly do hereby command all persons whom it may concern to take due notice hereof and give their obedience accordingly.
GIVEN under my hand and the Public Seal of the Republic of Zambia at Lusaka this 20th day of October, the year of our Lord Two Thousand and Eleven.
SEAL
Amendment to the Commission
SI 143 of 2011.
Amendment to the Commission
IN EXERCISE of the powers contained in section 3 of the Inquiries Act, the Commission issued under Statutory Instrument No. 113 of 2011 and published in accordance with the provisions of section 2 of the Inquiries Act, is hereby amended by the deletion of the words “thirty days from the date of appointment of the Commission”, and the substitution therefore of the words ‘the thirty-first day of January, two thousand and twelve”.
LEGAL AND JUSTICE SECTOR REFORMS COMMISSION
SI 22 of 2014.
The commission in the Schedule hereto, issued by the President, is published in accordance with section 2 of the Inquiries Act.
SCHEDULE
A Commission
THE PRESIDENT, MR. MICHAEL CHILUFYA SATA,
President of the Republic of Zambia-.
To:
1. Justice Fredrick Chomba, Rtd , Esq
2. Musa Mwenye, Sc, E sq
3. Mutembo Nchito, Sc, E sq
4. Ms. Annette Nhekairo
5. George Chisanga, E sq
6. Fredrick Chi lukutu, E sq
7. Mrs. Ireen Lamba
8. Collins Lunda, Esq
9. Michael Pwete, Esq
10. Ms. Flora Moya
11. Ms. Florence Chibwesha
12. Ms. Doris Nayame Chibombe
13. Stephen Mumbi, E sq
14. Geoffrey Sakulanda, E sq
15. Dr. Ernest Beele, E sq
16. Enock Mulembe, E sq
17. Ms. Emily Sikazwe
18. Anderson Ngulube, E sq
19. Lee Habasonda, E sq
20. Patrick Chisanga, E sq
21. Ms. Maria Kawimbe
GREETINGS
W hereas in my opinion it is advisable for t h e public welfare to appoint Commissioners to inquire into the matters hereinafter set out:
Now ther efore, by virtue and in exercise o f the powers conferred upon me by the Inquiries Act, I do, by this Commission referred to as the Legal and Justice Sector Reforms Commission, under my hand and the public seal o f the Republic o f Zambia appoint you the said-
1. Justice Fredrick Chomba, Rtd, Esq
2. Musa Mwenye, Sc, Esq
3. Mutembo Nchito, Sc, Esq
4. Ms. Annette Nhekairo
5. George Chisanga, Esq
6. Fredrick Chilukutu, Esq
7. Mrs. Ireen Lamba
8. Collins Lunda, Esq
9. Michael Pwete, Esq
10. Ms. Flora Moya
11. Ms. Florence Chibwesha
12. Ms. Doris Nayame Chibombe
13. Stephen Mumbi, Esq
14. Geoffrey Sakulanda, Esq
15. Dr. Ernest Beele, Esq
16. Enock Mulembe, Esq
17. Ms. Emily Sikazwe
18. Anderson Ngulube, Esq
19. Lee Habasonda, Esq
20. Patrick Chisanga, Esq
21. Ms. Maria Kawimbe
to be Commissioners with all the powers o f the said Act conferred and I do hereby authorise and require you in the manner o f the said Act provided-
To inquire into:
(a) the existing organisational structure o f the legal and justice system so as to identify the challenges faced by the legal and justice system institutional framework;
(b) the inter-relationship and co-ordination between the various legal and justice institutions so as to identify the constraints in the sector and make recommendations to enhance the efficiency and effectiveness o f the legal and justice delivery system;
(c) the accessibility and affordability o f justice by the citizens;
(d) the culture o f enhancing human rights by law enforcement agencies in conjunction with the jud ic iary and other stakeholders;
(e) a judicial structure and system which is independent and accountable to the citizens;
(f) the system o f legal training, education and practice;
(g) the system o f recruitment, appointment and promotion o f judicial officers and revocation of such appointments;
(h) the operation, administration and management of the legal aid system;
(i) the system o f declaration o f assets by judicial officers;
(j) the practice o f delivery by unanimous judgements by the Supreme Court o f Zambia; and
(k) any other matters related or incidental to the matters specified under paragraphs (a) to (i)
The Commission Chairperson shall be Justice Fredrick Chomba, R td , E sq and the Vice-Chairperson shall be Mr. Musa Mwenye, Sc, E sq ;
The Commission Secretary shall be Mrs. Maria Mapani Kawimbe and the Commission Deputy Secretaries shall be Mr. Nzovwa Chomba, Mr. Charles Kafunda and Mr. Mathews Zulu;
And I hereby authorise the Commissioners to engage the services o f such advisers and experts as they may consider necessary to aid and assist them in the said inquiry;
And I lastly do here by command all persons whom it may concern to take due notice here of and give the irobedience accordingly . Given under my hand and the Public Seal o f the Republic ofZambia at Lusaka this 5th day o f March, the year of our Lord Two Thousand and Fourteen.
[Section 2]
SI 25 of 2015.
THE COMMISSION in the Schedule hereto, issued by the President, is published in accordance with the provisions of section 2 of the Inquiries Act.
SCHEDULE
A COMMISSION
THE PRESIDENT AND COMMANDER-IN-CHIEF, MR EDGAR CHAGWA LUNGU, President of the Republic of Zambia—
To:
1. Dr Roland Msiska—Chairperson
2. Mr Fredson Yamba—Vice-Chairperson
3. Dr Peter Mwaba
4. Mr Charles Sipanje
5. Mrs Patricia D. Jere
6. Ms Rose Salukatula
7. Maj. Gen. Tobby Lubaya
8. Maj. Gen. Davy Muma
9. Maj. Gen. Alick Kamiji
10. Brig. Gen. William Sikazwe
11. Brig. Gen. Moses Phiri
12. Brig. Gen. Alex Mateya Malichi
13. Brig. Gen. Micheal Mbewe
14. Mr Oliver Mhango
15. Mr Ranford Simumbwe—Secretary
16. Mr Makelo Mulele—Vice-Secretary
GREETINGS:
WHEREAS in my opinion it is advisable for the public welfare to appoint the Commission to inquire into the matters hereinafter set out:
NOW THEREFORE, by virtue and in exercise of the powers conferred upon me by the Inquiries Act, I do, by this Commission under my hand and the public seal of the Republic of Zambia, appoint you the said—
1. Dr Roland Msiska—Chairperson
2. Mr Fredson Yamba—Vice-Chairperson
3. Dr Peter Mwaba
4. Mr Charles Sipanje
5. Mrs Patricia D. Jere
6. Ms Rose Salukatula
7. Maj. Gen. Tobby Lubaya
8. Maj. Gen. Davy Muma
9. Maj. Gen. Alick Kamiji
10. Brig. Gen. William Sikazwe
11. Brig. Gen. Moses Phiri
12. Brig. Gen. Alex Mateya Malichi
13. Brig. Gen. Micheal Mbewe
14. Mr Oliver Mhango
15. Mr Ranford Simumbwe—Secretary
16. Mr Makelo Mulele— Vice Secretary
to be Commissioners with all the powers of the said Act conferred and I do hereby authorise and require you in the manner of the said Act provided to inquire into—
(a) the status of the Defence Force equipment holding, and make recommendations regarding the equipment in order to address the current operational challenges of the Defence Force;
(b) Defence Force funding mechanisms, and recommend a financing model that would provide funds for infrastructure development, rehabilitation of equipment and acquisition of new equipment for purposes of the Defence Force;
(c) Defence Force Manpower Holding, and make recommendations on human resource recruitment, retention and development;
(d) Defence Industry, specifically Zam Capitol, Mulungushi Textiles and Mupepetwe Engineering, and evaluate performance and make appropriate recommendations; and
(e) matters connected with, or incidental to the foregoing and make the necessary recommendations and an appropriate roadmap to modernise the Zambia Defence Force.
AND I hereby appoint Dr Roland Msiska, Secretary to the Cabinet to be the Chairperson and Mr Fredson Yamba to be the Vice-Chairperson of the said Commission;
AND I hereby appoint Mr Ranford Simumbwe to be Secretary and Mr Makelo Mulele to be the Vice-Secretary for the purposes of the said Inquiry;
AND I hereby direct that you shall take or subscribe the oath or affirmation required by the Act before the Minister of Defence;
AND I hereby direct that the Chairperson or the Vice-Chairperson sitting with not less than six members shall constitute a quorum;
AND I hereby direct that the said Inquiry shall be held in private, in Lusaka and in such other places as the Commission may consider necessary;
AND I hereby direct that the report of the Commission be rendered to me not later than ninety days from the date of appointment of the Commission;
AND I hereby authorise the Commission to engage the services of such advisers and experts as it may consider necessary to assist it in the said Inquiry;
AND I lastly do hereby command all persons whom it may concern to take due notice hereof and give their obedience accordingly; and
GIVEN under my hand and the Public Seal of the Republic of Zambia at Lusaka this 12th day of May, the year of our Lord Two Thousand and Fifteen.
Prorogation of Parliament
SI 64 of 2015.
WHEREAS the President is empowered by Article 88(5) of the Constitution to prorogue Parliament at any time:
AND WHEREAS it is expedient that Parliament should now be prorogued:
NOW THEREFORE, I, EDGAR CHAGWA LUNGU, President of the Republic of Zambia, in exercise of the said power, do hereby prorogue Parliament with effect from the 19th day of August, 2015.
GIVEN under my hand and the Public Seal of the Republic at Lusaka this 19th day of August, 2015.
Summoning of Parliament
SI 65 of 2015.
WHEREAS it is provided by Article 88(1) of the Constitution that each session of Parliament shall be held at such place within Zambia, and shall commence at such time as the President may appoint:
AND WHEREAS it is expedient that Parliament should be summoned:
NOW THEREFORE, under and by virtue of the powers in me vested, I, EDGAR CHAGWA LUNGU, President of the Republic of Zambia, do hereby proclaim and make known that the Fifth Session of the Eleventh Parliament shall resume in Lusaka at 1000 hours on the 18th day of September, 2015.
GIVEN under my hand and the Public Seal of the Republic at Lusaka this 19th day of August, 2015.
[Section 2]
SI 72 of 2016,
SI 33 of 2017,
SI 75 of 2017,
SI 60 of 2018.
THE COMMISSION in the Schedule hereto, issued by the President, is published in accordance with the provisions of section 2 of the Inquiries Act.
SCHEDULE
A COMMISSION
THE PRESIDENT, MR EDGAR CHAGWA LUNGU, President of the Republic of Zambia—
To:
1. Mr. Justice Munalula Lisimba
2. Mrs. Marvis Kasongo Chisanga
3. Fr. Lastone Lupupa
4. Mr. Charles Kafunda
5. Mr. Lee Habasonda
6. Mr. Reuben Lifuka
7. Dr. M.C. Bwalya
8. Mrs. Maureen Siamulele Tresha
9. Prof. Owen Sichone
10. Mr. Redson Nyanga
11. Ms. Flora K. Mooya
12. His. Royal Highness Senior Chief Ntambo
13. Mr. Wilfred Chilufya
14. Mr. Nzovwa Mwela Chomba
15. Mr. Mike Mulabe
GREETINGS:
WHEREAS in my opinion it is advisable for the public welfare to appoint Commissioners to inquire into the matters hereinafter set out:
NOW THEREFORE, by virtue and in exercise of the powers conferred upon me by the Inquiries Act, I do, by this Commission under my hand and the public seal of the Republic of Zambia, appoint you the said—
1. Mr. Justice Munalula Lisimba
2. Mrs. Marvis Kasongo Chisanga
3. Fr. Lastone Lupupa
4. Mr. Charles Kafunda
5. Mr. Lee Habasonda
6. Mr. Reuben Lifuka
7. Dr. M.C. Bwalya
8. Mrs. Maureen Siamulele Tresha
9. Prof. Owen Sichone
10. Mr. Redson Nyanga
11. Ms. Flora K. Mooya
12. His. Royal Highness Senior Chief Ntambo
13. Mr. Wilfred Chilufya
14. Mr. Nzovwa Mwela Chomba
15. Mr. Mike Mulabe
to be Commissioners with all the powers of the said Act conferred and I do hereby authorise and require you in the manner of the said Act provided—
1. to inquire into—
Exercise of the Right to Vote
(a) the voting patterns in the general elections conducted from 2006 to 2016 and in particular—
(i) the root causes of the voting patterns;
(ii) the extent to which pre-election political violence influenced the voting patterns in 2016;
(b) whether any political party, traditional leadership or any other organisation played a role in influencing the voting pattern in any area;
(c) the social, economic and political consequences of the 2016 voting patterns;
(d) the role of the media, including social media, in shaping voters’ views and subsequent voting patterns; and
(e) incidences and causes of voter apathy in some parts of the country;
Pre and Post-Electoral Violence
(a) the violence that took place in parts of the Republic before and after the 11th August, 2016, general elections in which some people lost their lives, were injured and displaced, and in particular—
(i) the cause or causes of the violence;
(ii) the person, persons, organisations or institutions that instigated or was or were responsible for the violence;
(iii) whether any damage was caused to any private property or public facility or infrastructure;
(iv) the number of persons, who were directly affected, injured, displaced or died by the pre and post-election violence;
(b) the conduct of the state agencies during the violence;
(c) whether any persons were arrested or detained for causing the violence or damage to property in the pre and post-election period; and
(d) the current relationship between the perpetrators of the violence and the members of the public in these areas, and whether the relationship is conducive to the promotion of democratic governance and public safety; and
2. to recommend—
(a) measures to be taken to ensure that voting outcomes are reflective of the people’s free will in any election;
(b) measures to prevent the occurrence of violence in future before, during and after elections;
(c) the appropriate action to be taken on—
(i) the perpetrators of the violence;
(ii) the persons who actually committed the acts of violence;
(iii) the organisations involved in the violence; and
(d) the form of relief for persons who were injured and suffered loss of life or damage to property; and
(e) measures to promote reconciliation, democratic governance and public safety.
In performing its functions, the Commission shall take and hear evidence from people from all the Provinces, engage the services of relevant experts to aid and assist it in the inquiry.
AND I hereby appoint Justice Munalula Lisimba to be the Chairperson and Mrs. Marvis Kasongo Chisanga to be the Vice-Chairperson, of the said Commission.
AND I hereby direct that you shall take or subscribe the oath or affirmation required by the act before the Chief Justice.
AND I hereby direct that the Chairperson or the Vice-Chairperson sitting with not less than three Commissioners shall constitute a quorum.
AND I hereby direct that the said Inquiry shall be held in public in Lusaka and in such other places in Zambia as the Commission may consider necessary.
AND I hereby direct that the report of the Inquiry be rendered to me by 31st December, 2018.
[Am by SI 33 of 2017, SI 75 of 2017, SI 60 of 2018.]
AND I hereby appoint Mr. Nzovwa Mwela Chomba to be Secretary and Mr. Mike Mulabe Deputy Secretary for the purposes of the said Inquiry.
AND I hereby authorise the Commissioners to engage the services of such advisers and experts as they may consider necessary to assist them in the said Inquiry.
AND I lastly do hereby command all persons whom it may concern to take due notice hereof and give their obedience accordingly.
GIVEN under my hand and the Public Seal of the Republic of Zambia at Lusaka this 21st day of October, the year of our Lord Two Thousand and Sixteen.
{/mprestriction}