OTHER ENTITIES INVOLVED IN THE ADMINISTRATION OF JUSTICE
78.
The Commission for Investigations is established under Article 90 of the
Constitution and the Commission for Investigations Act Chapter 39 of the
Laws of Zambia. The President, in consultation with the Judicial Service
Commission, appoints the Chairman of the Commission for Investigations.
The Commission for Investigations is empowered to investigate and report
to the President on complaints made to it about mal-administrative actions
taken by public authorities. The Commission has no power to question or
review any judicial decisions.
However, the Commission has formal
powers to examine witnesses and to seek access to documents.
It
conducts investigations privately and usually works in an informal manner.
79.
The role of the Investigator-General (the Ombudsman) is to determine
whether there has been any mal-administration on the part of a relevant
agency to justify a complaint, or whether the agency has acted improperly
or wrongly. Where it finds that a complaint has merit, the Commission
may recommend to the President that remedial action be taken. A special
feature of the powers of the Investigator-General is that the InvestigatorGeneral is required to consider whether a provision of the Act or a practice
upon which a decision is based is unreasonable, unjust, oppressive or
discriminatory. Thus, the Investigator-General can suggest that a decision
is objectionable even if such a decision is not in itself invalid.
GENERAL FRAMEWORK
PROTECTED
80.
WITHIN
WHICH
HUMAN
RIGHTS
ARE
Zambia has ratified and acceded to several human rights conventions,
these include the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the
International Convention on the Elimination of all Forms of Racial
49