CHAPTER 41 - INQUIRIES ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

A Commission

A Commission

A Commission

Legal and Justice Sector Reforms Commission

A 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

A Commission

[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

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