The Speak Up Youth Fact Sharing; Who Can, Who Cannot Complain, and How to Lodge a Complaint to the Public Protector?

By Patrick Makaliki, Citizen Journalist

Following the enactment of the Constitution of Zambia (Amendment) Act No. 2 of 2016, the Office of the Public Protector was established to replace the Office of the Investigator General. This is by virtue of Article 243 of the amended Constitution. The Public Protector is the OMBUDSMAN INSTITUTION of Zambia entrusted with the mandate to promote and safeguard the interests and the rights of an individual in his or her quest to receive a “public service” that is just and fair. The institution also serves to promote practices of good governance within public institutions in the delivery of public services to the general public.

COMPLAINT

Who Can Complain?

According to the Public Protector Act, 2016 section 13 (1)(b);

1. any member of the public who feels that he/she has been unfairly treated by a public body or official
2. an association acting in the interest of its members;
3. a person acting on behalf of a complainant;
4. a person acting on behalf, and in the interest, of a group or class of persons; or
5. an anonymous person can lodge a complaint before the Public Protector.

Who Cannot Complain?

1. An individual complaining against a private entity.
2. Anybody who has had redress from the Courts.
3. Anyone whose complaint is over 1 year from the date occurrence of a grievance, the Public Protector Act, 2016 section 15 (2). However, the Public Protector may exercise discretion to admit a complaint depending on how compelling the circumstances are.

How to Complain/Complaint Procedure?

According to Public Protector Act, 2016 section 13 (3), a complaint shall be made in the prescribed manner and form, which is a letter of complaint to the Registrar at the Office of the Public protector. And according to Section 13(4), Section 13 (3) shall not apply to anonymous complaints.

A file is opened after screening the complaint. If it is felt that there is substance in the allegation or complaint, an investigation is instituted and the complainant is informed of the commencement of the investigations. If the allegation or complaint lacks merit, the complainant is informed that the complaint is declined.

Sources

1. Constitution of Zambia (Amendment) Act No. 2 of 2016
2. The Public Protector Act No. 15 of 2016

Speak Up Youth Project is implemented in partnership with BYTA FM in Choma, Sun FM on the Copperbelt, Three FM in Chipata and Voice of Kalomo in Kalomo with financial support from the German Development Cooperation.