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Human Rights Commission Act, 1996

This section defines key terms used in the Act. The Commission must not be subject to the direction or control of any person or authority when performing its duties. The Commission decides the des…

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Jurisdiction
Zambia
Structure
24 provisions
Citation
Act 39 of 1996
Dates
Source version 31 Dec 1996
More statute details
Dates
Source version 31 Dec 1996

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01

Purpose and legislative effect

“This section defines key terms used in the Act.”

This section defines key terms used in the Act. The Commission must not be subject to the direction or control of any person or authority when performing its duties. The Commission decides the design of its seal, the Secretary keeps it, and certain officers must authenticate its affixing. The Commission must consist of a Chairperson, a Vice-Chairperson, and up to five other Commissioners. Commissioners are appointed by the President, but only if the National Assembly ratifies them. The Chairperson and Vice-Chairperson must have held, or be qualified to hold, high judicial office. Commissioners must affirm or take an oath on appointment; the Secretary and other staff must do the same on appointment.

02

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Section 8

If a Commissioner’s office becomes vacant before the term ends, the President may appoint another person for the remaining term, but only subject to ratification by the National Assembly.

Section 8

(I) A person who

A person who is a witness before the Commission, or any person under this provision, must not refuse to be sworn, refuse to answer questions fully, give false testimony, obstruct Commissioners or staff, or disobey orders; breaches can l…

Section 21

04

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Source record from zambialii.org · Source version 31 Dec 1996

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Showing 24 of 24 provisions

Provision 22Offence 2

Part

PART I

§ 2In this Act unless the context otherwise requiresProvision

This section defines key terms used in the Act.

2. In this Act unless the context otherwise requires- " appropriate authority " means the authority to whom a recommendation is made by the Commission under section thirteen; , i• appointed date " means such date as the President may appoint under section one; "Chairperson" means the person appointed as Chairperson under section.five; " Commission" means the Human Right� Commission estab­ lished under the Constitution; " Commissioner " means a person appointed Commissioner under section.five; " Deputy Director " mea_ru a person appointed as Deputy Director under section eighteen; I " Director" means.me person appointed section eighteen; {irnrector under 1 / / "Secretary" means tilp Secretary to the Commission referred to in section eighteer; " Staff" .11eans the staff of the Commission appointed under section eighteen; and " Vice;Chairperson " means the person appointed as Vice­ Chai'rperson under section.five. 864 No. 39 or 1996) H11ma11 ltishts Commission 'PART II THE HUMAN RIGIITS COMMISSION Extent of Commission's _ �\!lQ�O_my Seal of Commission
Section 2Verify source
§ 3The Commission shall not, in the performance of its duties,Provision

The Commission must not be subject to the direction or control of any person or authority when performing its duties.

3. The Commission shall not, in the performance of its duties, _be subject to the directio!l_ or control of any person or authority,
Section 3Verify source
§ 4(1) The seal of the Commission shall be such device as mayProvision

The Commission decides the design of its seal, the Secretary keeps it, and certain officers must authenticate its affixing.

4. (1) The seal of the Commission shall be such device as may be determined by the Commission and shall be kept by the • Secretary. (2) The affixing of the seal shall be authenticated by the Chair­ person or the Vice-Chairperson and any other person authorised in that behalf by a resolution of the Commission. (3) Any document purporting to be under the seal of the Com­ , mission or iss.ued on behalf of the Commission shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.
Section 4Verify source
§ 5(]) The Commission shall consist of the followingProvision

The Commission must consist of a Chairperson, a Vice-Chairperson, and up to five other Commissioners. Commissioners are appointed by the President, but only if the National Assembly ratifies them. The Chairperson and Vice-Chairperson must have held, or be qualified to hold, high judicial office.

5. (]) The Commission shall consist of the following Commissioners: (a) the Chairperson; (b) the Vice-Chairperson; and ( c) not more than five other Commissioners. (2) The Commissioners shall be appointed by the President, subject to ratification by the National Assembly. (3) The Chairperson and Vice-Chairperson shall be persons who have held, or are qualified to hold, high judicial office.
Section 5Verify source
§ 6(]) Every Commissioner shall,. on appointment affirm orProvision

Commissioners must affirm or take an oath on appointment; the Secretary and other staff must do the same on appointment.

6. (]) Every Commissioner shall,. on appointment affirm or take an oath in Form 1 as set out in Part I of the Schedule, and such oath shall be administered by the President. (2) The Secretary and other members of staff shall on appoint­ ment, affirm or take an oath in Form 2 as set out in Part II of the Schedule and such oath shall be administered by a Commissioner for Oaths. Composition of Commis­ sion Oath on appointment Tenure of office and vacancy
Section 6Verify source

Part

Schedule and such oath shall be administered by a Commissioner

§ 7(I) A Commissioner referred to in subsection (1) of sectionProvision

This section says a Commissioner serves a term of up to three years, may resign with one month’s written notice to the President, may be removed for specified reasons, and the office becomes vacant in listed situations.

7. (I) A Commissioner referred to in subsection (1) of section five shall be appointed for a term not exceeding three years, subject_ to renewal: Provided ihat ihe first Commissioners shall be appointed for periods ranging from one to three years in order to facilitate retirement by rotation. (2) A Commissioner may be removed from office for inability to perform the functions of the Commissioner's office, whether arising from infirmity of body or mind, incompetence or for misbehaviour. I I Human Rights Commission [No. 39 of 1996 865 (3) A Commissioner may resign upon giving one month's notice in writing to the President. (4) The office of a Commissioner shall'become vacant- (aJ if the Commissioner is absent without reasonable excuse from three consecutive meetings of the. Commission of which the Commissioner has had notice; (b) if the Commissioner is an declared bankrupt; or (c) upon the Commissioner's death. I
Section 7Verify source
§ 8Section 8Provision

If a Commissioner’s office becomes vacant before the term ends, the President may appoint another person for the remaining term, but only subject to ratification by the National Assembly.

8. If the office of a Commissioner becomes vacant before the expiry of the term of office, the President, may, subject to ratification by the National Assembly, appoint another person to be a Commissioner, for the unexpired term, in place of the Commissioner who vacates the office. Filling of casual vacancy
Section 8Verify source
§ 9The functions of the Commission shall be to--­Provision

The Commission may investigate human rights violations and maladministration of justice, visit detention facilities, make recommendations, and run research, education, information, and rehabilitation programmes.

9. The functions of the Commission shall be to--­ (a) investigate human rights violations; (b) investigate any maladministration of justice; ( c) propose effective measures to prevent human rights abuse; ( d) visit prisons and places of detention or related facilities with a view to assessing and inspecting conditions of the persons held in such places and make recommendations to-redress existing problems; / Functions of Commission I ( e) establish a continuing programme of research, education, information and rehabilitation· of victims of human rights abuse to enhance the respect for and protection of human rights; (f) do all such things as are incidental or conducive to the attainment of the functions of the Commission.
Section 9Verify source
§ 10(I) The Commission shall have powers to investigate anyProvision

The Commission may investigate human rights abuses and use summons, questioning, disclosure requests, and recommendations; it cannot exercise these powers when a matter is pending before a court.

10. (I) The Commission shall have powers to investigate any human rights abuses- ( a) on its own initiative; or (b) on receipt of a complaint or allegation under this Act by­ (i) an aggrieved person acting in such person's own interest; (ii) an association acting in the interest of its members; (iii) a person acting on behalf of an aggrieved person; or (iv) a person acting on behalf of and in the interest of a group or class of persons. (2) The Commission shall have powers to-- ( a) issue summons or orders requiring the attendance of any authority before the Commission and the prod�ctio'!_of__ Powers of Commission 866 No. 39 of 1996] Human Rights Commission any document or record relevant to any inv�stigation by the Commission; (b) question any person in respect of any subject matterunder investigation before the Commission; (c) require any person to disclose any infonnation within such person's knowledge relevant to any investigation by the Commission; and ( d) recommend the punishment of any officer found by the Commission to have perpetrated an abuse of human rights. (3) A witness summoned under subsection (2), shall be examined under oath al)d such oath shall be administered by the Chairperson. (4) Subject to subsection 5, the Commission may where it considers it necessary recommend- (a) the release of a person from detention; (b) the payment of compensation to a victim of human rights abuse, or to such victim's family; ( c) that an aggrieved person seek redress in a court of law; or (d) such other action as it considers necessary to remedy the infringement of a right. (5) Notwithstanding subsection 4, the Commission shall not have powers where a matter is pending before a court.
Section 10Verify source
§ 11(1) A complaint or allegation referred to in paragraph (b) ofProvision

Complaints or allegations under the cited section may be made orally or in writing, must be addressed to the Secretary, and oral complaints must be put into writing by the Secretary.

11. (1) A complaint or allegation referred to in paragraph (b) of subsection (I) of section ten may be made orally or in writing and shall be addressed to !he Secretary who shall, in the case of an oral complaint or allegation, reduce !he same to writing. (2) Every complaint or allegation shall- ( a) be signed or thumb-printed by the person making it; and (b) bear the complainant's name and address. (3) A complaint or allegation shall not be received by the Commission unless it is made within a period of two years from the date on which the facts giving rise to any such complaint or allegation become known to !he person making the complaint or the allegation. (4) The Commission may refuse to conduct, or may decide to discontinue an investigation where it is satisfied that the complaint or allegation is malicious, frivolous, vexatious or the particulars accompanying it are insufficient to allow a proper investigation to be conducted, and shall indicate accordingly in the report. , I Complaints Human Rights Commission [No. 39 of 1996 861 THE HUMAN RIGHTS COMMISSION ACT, 1996 ARRA"IGEMENT OF SECTIONS PART I PREl.l�ffll/ ARY
Section 11Verify source

Part

PART II

§ 17Section 17Provision

This section is a contents-style heading for the Human Rights Commission and related topics, including autonomy, composition, powers, complaints, and disclosure rules.

17. T11E HtiMAN R1rnrrs Cm,1M1ss10� Extent of Commission's autonomy Seal of Commission Composition of Commission Oath on appointment Tenure of office and vacancy Filling of casual vacancy Functions of Commission Powers of Commission Complaints Sittings of Commission to he public Recommendation hy Commission Proceedings of Commissiori Committees Disclosure of interest Prohibition of disclosure of infonnation to unauthorised persons PART III DIRECTORATE OF nm COMMISSION
Section 17Verify source

Part

PART III

§ 18Director, Deputy Director and other staffProvision

Section title: Director, Deputy Director and other staff.

18. Director, Deputy Director and other staff
Section 18Verify source
§ 19Prohibitionofdisclosureofinformation bystafftounauthorisedProvision

This provision is titled as a ban on staff disclosing information to unauthorised persons, and it also refers to immunity for Commissioners and staff.

19. Prohibitionofdisclosureofinformation bystafftounauthorised persons Immunity of Commissioners and staff
Section 19Verify source
§ 21OffencesOffence

A person who knowingly publishes or communicates information that was disclosed contrary to subsection (1) commits an offence and may be fined, imprisoned for up to three years, or both.

21. Offences Sillgl6 copiu of this Act may be oblauwd/rom the Govenwt0f6 Prilwr, P.O. Boll 30/36. /0/0/ LMSou. ,.,ice KJ.500.00 .cir. ... ' L 870 No. 39 of 1996) Human Rights Commission (3) If any person having information which to such person's knowledge has been published or disclosed in contravention of subsection (1). unlawfully publishes or communicates any such information 10 any other person, such person shall be guilty of an offence, and shall be liable, upon conviction, 10 a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding lhrce years, or Lo both. PART III T11r: DIRl'CroRATE or THE Cm,1M1ss10N
Section 21Verify source
§ 18(I) The Commission shall appoim a Director and a DeputyProvision

The Commission must appoint a Director and a Deputy Director. The Director must serve as secretary, manage and administer the Commission, be a qualified advocate, be full-time, and handle matters referred by the Commission. The Commission may also appoint other staff and hire advisors and experts.

18. (I) The Commission shall appoim a Director and a Deputy Director of the Commission. (2) The Director shall be- ( a) the Secretary to the Commission; (b) responsible for Lhe management and administration of Lile Commission: ( c) a qua Ii lied advocate; (d) a full-time officer; and ( e) responsible fonhe implementation of any mauers referred to such Director by the Commission. (3) The Commission may appoint, on such tenns and conditions as ii may determine, such other staff as it may considernecessary for the performance of its functions under Lhis Acl. (4) The Public Service Regulations shall apply 10 the staff appointed by the Commission. (5) The Commission may engage the services of such advisors and expcns as it thinks necessary.
Section 18Verify source
§ 19Section seventeen shall apply, with the necessary modifi­Provision

Section 17 applies here, with the necessary modifications.

19. Section seventeen shall apply, with the necessary modifi­ cations. 10 the staff. Director, Deputy Di1cl·tor ,tnd other �1aff Prohibition of disclosure of informa­ tion by Slaff 10 unauthorised persons lrnrnuni1y of Conunis­ s1oncrs and Sl3ff
Section 19Verify source
§ 20(I) No proceedings, civil, or criminal, shall lie against anyProvision

Commissioners and staff are protected from civil or criminal proceedings for acts done in the exercise of their functions under the Act, and they cannot be compelled to give evidence about matters learned in that work.

20. (I) No proceedings, civil, or criminal, shall lie against any Commissioner or lhe staff, for anything done in the exercise of such person's functions under Act. (2) Subject Lo the provisions of this Act, a Commissioner or a staff member shall not be called to give evidence before any coun or tribunal in respect of anything coming to such person's knowl­ edge in the exercise of such person's functions under this Act. J Human Rights Commission [No. 39 of 1996 871 (3) For the avoidance of any doubts, nothing in this section shall protect any Commissioner orthe staff, for anything done outside the functions of such person's office.
Section 20Verify source
§ 21(I) A person whoOffence

A person who is a witness before the Commission, or any person under this provision, must not refuse to be sworn, refuse to answer questions fully, give false testimony, obstruct Commissioners or staff, or disobey orders; breaches can lead to a fine, imprisonment, or both.

21. (I) A person who- Offences ( a) is a witness before the Commission and without lawful excuse refuses to be sworn or affirmed, or havng been sworn or affirmed refuses to answer fully and satisfac­ torily any question lawfully put to such person; (b) gives false testimony in any material particular lo any matter under investigation; ( c) insults, interrupts orotherwise obstucts any Commissioner or any member of staff in the performance of such person's functions under this Act: or (d) disobeys any order made under this Act; ' shall be guilty of an offence, and shall be liable, upon conviction, to a line not exceeding ten thousand penalty units, orto imprisonment fo� a term not exceeding three years, or to both. PART IV FINANCIAL AND OTHER PROVISIONS
Section 21Verify source

Part

PART IV

§ 22(I) The funds of the Commission shall consist of suchProvision

The Commission’s funds come from parliamentary appropriations, grants or donations, and money that accrues to it. With Presidential approval, the Commission may accept grants or donations and may raise loans or other money it needs. Its funds are used to pay staff and Commissioner costs, related allowances, and other expenses. A witness may also be paid allowances on the Commission’s order.

22. (I) The funds of the Commission shall consist of such moneys as may- Funds of Commission ( a) be appropriated by Parliament for the purposes of this Act; ( b) be paid to the Commission by way of grahts or donations; and I ( c) vest in or accrue to the Commission. President- (2) The Commission may subject to the approval of the ( a) accept money by way of grants or donations from any source; and (b) raise by way ofloans or otherwise, such moneys as it may require for the discharge of its functions. (3) There shall be paid from the funds of the Commission- ( a) the salaries, allowances, pensions and loans of the Commissioners and staff; (b) such reasonable travelling, transport and subsistence allowances for the Commissioners and m()1llbers of any committee of the Commission, when ei\gaged in the business of Commission; and 872 No. 39 of 1996] Human Rights Commission Financial year Accounts Annual repon ( c) any other expenses incurred by the Commission in the performance of its functions. (4) A person summoned as a witness under this Act, may on the order of the Commission be paid such allowances as may be prescribed by the Commission.
Section 22Verify source
§ 23The financial year ofthe Commission shall be the period ofProvision

The Commission’s financial year is a 12-month period ending on 31 December each year.

23. The financial year ofthe Commission shall be the period of twelve months ending on 31st December in each year.
Section 23Verify source
§ 24(]) The Commission shall cause to be kept proper books ofProvision

The Commission must keep proper accounting records, have its accounts audited every year by independent auditors it appoints, and pay the auditors’ fees.

24. (]) The Commission shall cause to be kept proper books of account and other records relating to its accounts. (2) The accounts of the Commission shall be audited annually by independent auditors appointed by the Commission. (3) The auditors' fees shall be paid by the Commission.
Section 24Verify source
§ 25(I) As soon as is practicable, but not later than ninety daysProvision

The Commission must submit a report on its yearly activities to the President within 90 days after the financial year ends, with specified financial statements attached. The President must then lay the report before the National Assembly within 7 days after its next sitting after receiving it.

25. (I) As soon as is practicable, but not later than ninety days after the end of the financial year, the Commission shall submit to the President a report concerning iL� activities during the financial year. (2) The report referred to in subsection (]) shall include informa­ tion on the financial affairs of the Commission and there shall be appended to the report- ( a) an audited balance sheet; (b) an audited statement of income and expenditure; and ( c) such other informantion as the President may require. (3) The President shall not later than seven days after the first sitting of the National Assembly next af:er receipt of the report referred to in subsection (!), lay the report before the National Assembly. Rules
Section 25Verify source
§ 26The Commission may, by statutory instrument, make rulesProvision

The Commission may make rules by statutory instrument on appointments, discipline, removal, procedure, and delegation.

26. The Commission may, by statutory instrument, make rules for the- (a) appointment, including the power to confirm appoint­ ments of persons, to any office in respect of which it is charged with responsibility under this Act; (b) disciplinary control of persons holding or acting in such offices; (c) termination of appointments and the removal of such persons from office; ( d) practice and procedure of the Commission in the exercise, of its functions under this Act; and ( e) delegation of its functions or powers. , I • ' ' ' • Human Rights CommLvsion [No. 39 of 1996 873
Section 26Verify source
§ 27The-Commission may, by statutory instrument, make regu- RegulationsProvision

The Commission may make regulations by statutory instrument to better carry out the Act’s purposes.

27. The-Commission may, by statutory instrument, make regu- Regulations lations for the better carrying out of the purposes of this Act. SCHEDULE PART ! (Seclion /6) ( I)) Form 1 OA111 OP HUMAN RtaHTS COMMISSION I, ..................... ............ ......... having been appointed as Chairperson/ Commissioner of the Human Rights Commission will, discharge the functions of the office of Chairperson/Commissioner of the Human Rights Commission and thnt I will not, directly or indirectly, reveal any matters relating to such functions to any unauthorised persons or otherwise than in the course of duty. So HELP Mn Goo Sworn/Affirmed before me this ......... ...... ...... ...... day of ..... , .......... , . 1 9 ...... Presidenl Form 2 SCHEDULE PART II (Seclion (6) (2)) OATII OF SECRETARY OR STAFF OF COMMISSION I, ......... .................. ............ •.•.••... � •. having been appointed to exercise the functions of Secretary of the Commission/a member of the staff of the Commission, do swear/affirm that I will not, directly or indirectly, reveal to any unauthorised person or otherwise than in the course of duty the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as such. So HP1.r Me Goo Sworn/Affirmed before me this ........................ . . . . . . dayof ...... . . . . . . . . . . . . . . .
Section 27Verify source

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