The efficacy of the public protector in curbing maladministration in Zambia.

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dc.contributor.authorMutale, Emmanuel
dc.date.accessioned2023-07-06T10:47:24Z
dc.date.available2023-07-06T10:47:24Z
dc.date.issued2021
dc.descriptionBachelor of Laws UNZAen
dc.description.abstractThis research critically evaluates the efficacy of the Public Protector in curbing maladministration in Zambia. The Public Protector was established to replace the Investigator- General who headed the Commission for Investigations. This was due to the fact that the Commission for Investigations was a weak institution encumbered by many limitations such as limited jurisdiction, lack of independence, limited and inconsistent financing, and unqualified staff, among other reasons. The Public Protector has therefore been established to rid the ineffectiveness of its predecessor. Against this background, the purpose of this research is to assess how effective the Public Protector is with regards to fulfilling its mandate of promoting good governance within public institutions by investigating cases of maladministration. It is important to evaluate the law establishing the Public Protector as this law was enacted as a response to cure the ineffectiveness of the Commission for Investigations. The law in question is the Constitution of Zambia (Amendment) Act No. 2 of 2016 and the Public Protector Act No. 15 of 2016. The research assesses the established functions, jurisdiction and powers of the Public Protector. Particularly, it evaluates the enhancements introduced by the two Acts. The knowledge gap that necessitated this research is that since the establishment of the Public Protector, there have not been many studies done to assess the effectiveness of the Public Protector especially that it was established to cure the ineffectiveness of its predecessor. The research employed a qualitative methodology. This involved desk research that reviewed primary and secondary sources. The information was collected from the relevant legislation, journal articles, books, theses, reports and online resources. The major research findings were that although efforts to reform the ineffective Commission for Investigations began as early as 1995, the reform only came in 2016 with the establishment of the Public Protector. The research found that the Public Protector is a more enhanced institution with wider powers, wider jurisdiction and more functions than its predecessor. Despite this enhancement, the research found that the Public Protector is still encumbered by limitations and weaknesses such as a lack of implementation of the institution’s new structure, a lack of jurisdiction to investigate top government officials, requirements that prejudice the operations of the Public Protector, and contradictory provisions within the Public Protector Act. Based on the findings, the research recommends that government implements the new structure of the institution, the legislature amends the Constitution to encompass top government officials within the jurisdiction of the Public Protector, the legislature amends the Public Protector Act to remedy the contradictory provisions, and that the government puts measures in place to educate the public on the role and importance of the Public Protector.en
dc.identifier.urihttp://dspace.unza.zm/handle/123456789/8053
dc.language.isoenen
dc.publisherThe University of Zambiaen
dc.subjectPublic protector.en
dc.subjectPublic protector--Maladministration.en
dc.titleThe efficacy of the public protector in curbing maladministration in Zambia.en
dc.typeThesisen
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