POLICE-PUBLIC COMPLAINTS COMMISSION ACT
Arrangement of Sections
Section
PART I
PRELIMINARY PROVISIONS
1. Short title
2. Interpretation
PART II
THE POLICE-PUBLIC COMPLAINTS COMMISSION
3. Seal of Commission
4. Functions of Commission
5. Composition of Commission
6. Proceedings of Commission
7. Committees
8. Emoluments
9. Secretary and other staff
10. Experts and assessors
11. Disclosure of interest
12. Prohibition of publication or disclosure of information to unauthorised persons
13. Oath on appointment
14. Immunity
PART III
LODGING AND HANDLING OF COMPLAINTS
15. Lodging of complaint
16. Limitation on lodging of complaint
17. Making and continuing of complaint on behalf of complainant
18. Receipt of complaint by principal officer
19. Consideration of complaint
20. Search with warrant
21. Findings of Commission
22. Register of complaints
PART IV
HEARINGS
23. Hearings
24. Proceedings at hearings
25. Evidence and procedure
26. Hearings in relation to judicial proceedings
27. Right of appearance of interested person
28. Powers of Commission
29. Financial assistance for witness
PART V
FINANCIAL PROVISIONS
30. Funds of Commission
31. Financial year
32. Accounts and audit
33. Annual report
PART VI
GENERAL PROVISIONS
34. Privileged reports
35. General offences
36. Regulations
37. Rights, liabilities and obligations of Authority
38. Legal proceedings and investigations
39. Members of Authority
40. Staff of Authority
AN ACT
to provide for the membership, functions, operations and financial management of the Police-Public Complaints Commission; provide a procedure for the initiation and investigation of complaints against police actions; and provide for matters connected with, or incidental to, the foregoing.
[7th June, 2016]
Act 18 of 2016.
PART I
PRELIMINARY PROVISIONS
This Act may be cited as the Police-Public Complaints Commission Act.
In this Act, unless the context otherwise requires—
“associate” means—
(a) a person’s nominee or employee;
(b) a person’s conjugal partner or former spouse;
(c) a firm of which a person, or the person’s nominee, is a partner or person in charge or in control of its business or affairs;
(d) a company in which a person or the person’s nominee, is a director or is in charge or in control of its business or affairs, or in which the person together with the person’s nominee, holds a controlling interest or shares amounting to more than 30 percent of the total share capital; or
(e) the trustee of a trust, where—
(i) the trust has been created by the person; or
(ii) the total value of the assets contributed by the person before or after the creation of the trust, amounts at any time, to not less than 20 percent of the total value of the assets of the trust;
“Authority” means the Police-Public Complaints Authority established under the repealed Part XA of the Zambia Police Act;
“Chairperson” means the person appointed Chairperson of the Commission under section 5;
“Commission” means the Police-Public Complaints Commission established by the Constitution;
“complaint” means an allegation of police action;
“Emoluments Commission” means the Emoluments Commission established by the Constitution;
“equivalent qualification” means a qualification that is equal in function, value, significance, level or similar in effect or function;
“higher education institution” means a higher education institution declared, established or registered as a higher education institution under the Higher Education Act, 2013;
“member” means a person appointed as a member of the Commission under section 7;
“oath” has the meaning assigned to it in the Constitution;
“police action” means—
(a) an act or omission constituting an offence by a police officer for purposes of this Act; or
(b) the infliction of a serious injury on a person by a police officer;
“police officer” means a member of the Police Service;
“Police Service” means the Zambia Police Service established by the Constitution;
“principal officer” has the meaning assigned to it in the Local Government Act;
“relative" means—
(a) a person’s son, daughter, brother, sister, nephew, niece, parent, uncle, aunt, grandparent or cousin; and
(b) a person’s spouse or the spouse of any of the persons mentioned in paragraph (a);
“Secretary” means the person appointed Secretary of the Commission under section 9;
“serious injury” means a fracture, damage to an internal organ, impairment of bodily function, a deep cut, a deep laceration, sexual harassment or unlawful carnal knowledge;
“Vice-Chairperson” means the person appointed Vice-Chairperson of the Commission under section 5; and
“Zambia Qualifications Authority” means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.
PART II
THE POLICE-PUBLIC COMPLAINTS COMMISSION
(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 Chairperson or the Vice-Chairperson and the Secretary or any other person authorised in that behalf by a resolution of the Commission.
(3) A contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed without seal on behalf of the Commission by the Secretary or any other person generally or specifically authorised by the Commission in that behalf.
(4) A document purporting to be under the seal of the Commission or issued 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.
(1) The functions of the Commission are as specified in the Constitution and to—
(a) investigate police action;
(b) undertake inquiries into, or audit of, any aspect of police action;
(c) ensure transparency and accountability by police officers in the handling of criminal matters, in accordance with the principles of the Constitution;
(d) take such steps and measures as are necessary for the efficient and effective handling of investigations and complaints under this Act;
(e) advise the Minister and the Police Service on the prevention and elimination of occurrence of police action;
(f) cooperate with other institutions within and outside Zambia with similar functions; and
(g) perform any other functions conferred on the Commission by or under this Act or any other written law.
(2) The Commission may, in furtherance of its functions—
(a) collect any information that it considers necessary for the performance of its functions under the Constitution and this Act;
(b) undertake consultations, hearings and inquiries for purposes of performing its functions under the Constitution and this Act; and
(c) receive written or oral statements from any person or organisation for purposes of its functions under this Act.
(1) The Commission consists of the following full-time members appointed by the President—
(a) the Chairperson;
(b) the Vice-Chairperson; and
(c) five other members.
(2) A person qualifies for appointment as the Chairperson or Vice-Chairperson if the person has held, or is qualified to hold, the office of judge of the High Court.
(3) A person qualifies for appointment as a member if that person—
(a) holds a degree, or an equivalent qualification, from a higher education institution or a foreign higher education institution whose qualifications are recognised by the Zambia Qualifications Authority; and
(b) has at least 10 years experience in—
(i) criminology;
(ii) medicine;
(iii) security;
(iv) human resource management; or
(v) law.
(4) A member shall hold office for a term of five years and may be reappointed for a further term of five years.
(5) A member who has twice held office is not eligible for reappointment.
(6) The office of a member becomes vacant if the member—
(a) dies;
(b) resigns;
(c) is absent, without reasonable excuse, from three consecutive meetings of the Commission of which the member has had notice without the approval of the Commission;
(d) is adjudged bankrupt;
(e) is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a period exceeding six months without the option of a fine;
(f) is removed by the President on grounds that the member has acted dishonourably, dishonestly or fraudulently; or
(g) has a mental or physical disability which makes the member incapable of performing the duties of a member.
(7) A member may resign upon giving one month’s notice to the President.
(8) A member shall, on the expiration of the period for which the member is appointed, continue to hold office until a successor is appointed, but in no case shall the further period exceed four months.
(9) The President may, whenever the office of a member becomes vacant before the expiry of the term of office, appoint another person to be a member in place of the member who vacates the office for the unexpired term of that office.
(1) Subject to the other provisions of this Act, the Commission may regulate its own procedure.
(2) The Commission shall meet for the transaction of business at least once in every three months at such places and times as the Commission may determine.
(3) A meeting of the Commission may be called by the Chairperson upon giving notice of not less than 14 days, and shall be called by the Chairperson if one third or more of the members so request, in writing, except that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice.
(4) Four members shall form a quorum at a meeting of the Commission.
(5) There shall preside at a meeting of the Commission—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson; and
(c) in the absence of the Chairperson and the Vice-Chairperson, such other member as the members present may elect for the purposes of that meeting.
(6) A decision of the Commission on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to that person’s deliberative vote.
(7) Where a member is for any reason unable to attend any meeting of the Commission, the member may, in writing, nominate another person from the same organisation to attend such meeting in that member’s stead and such person shall be deemed to be a member for the purpose of that meeting.
(8) The Commission may invite a person whose presence is in its opinion desirable, to attend and to participate in the deliberations of the meeting of the Commission, but that person shall have no vote.
(9) The validity of any proceedings, acts or decisions of the Commission shall not be affected by any vacancy in the membership of the Commission or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings.
(10) The Commission shall cause minutes to be kept of the proceedings of every meeting of the Commission and every meeting of any committee of the Commission.
(1) The Commission may, for the purpose of performing its functions under this Act, establish such committees as it considers necessary and delegate to any of those committees such of its functions as it considers fit.
(2) The Commission may appoint as members of a committee, persons who are or are not members, except that at least one member shall be a member of a committee.
(3) A person serving as a member of a committee shall hold office for such period as the Commission may determine.
(4) Subject to any specific or general direction of the Commission, a committee may regulate its own procedure.
A member of the Commission or a committee of the Commission shall be paid such allowances as the Emoluments Commission may determine.
(1) The Commission may, on such terms and conditions as it may determine, appoint the Secretary of the Commission and other staff of the Commission as are necessary for purposes of this Act.
(2) The Secretary shall—
(a) be the chief executive officer of the Commission;
(b) be responsible for the day-to-day administration and management of the Commission;
(c) be an ex-officio member of the Commission; and
(d) perform the functions conferred upon the Secretary by, or under, this Act.
The Commission may, on such terms and conditions as it may determine, appoint suitably qualified persons as experts and assessors to assist the Commission in the performance of its functions under this Act.
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