Supporting People who Speak Out

Zambia – Standards – Coverage – Reportable

Zambia – Standards – Coverage – Reportable

2. “public interest disclosure” means a disclosure of information made by any person or an employee, regarding any conduct of any person or an employer, or an employee of that employer, that the person making the disclosure believes on reasonable grounds shows or tends to show one or more of the following:

(a) that a person has engaged, is engaging, or proposes to engage, in disclosable conduct;

(b) public wastage;

(c) conduct involving substantial risk or danger to the environment;

(d) that a person has engaged, is engaging, or proposes to engage, in an unlawful reprisal;

(e) that a public officer has engaged, is engaging, or proposes to engage, in conduct that amounts to a substantial and specific danger to the health or safety of the public;

(f) that a criminal offence has been committed, is being committed or is likely to be committed;

(g) that a person has failed, is failing or is likely to fail to comply with any legal obligation to which that person is subject;

(h) that a miscarriage of justice has occurred, is occurring or is likely to occur;

(i) or that any matter referred to in paragraphs (a) to (h) has been, is being or is likely to be deliberately concealed;

“disclosable conduct” in relation to any person or a public officer, means-

(a) conduct of the person, whether or not a public officer, that adversely affects, or could adversely affect, either directly or indirectly, the honest or impartial performance of official functions by the person, public officer or agency;

(b) conduct of the public officer which amounts to the performance of any of the public officer’s functions dishonestly or with partiality;

(c) conduct of the public officer, a former public officer or a government agency that amounts to a breach of public trust;

(d) conduct of the public officer, a former public officer or a government agency that amounts to the misuse of information or material acquired in the course of the performance of the public officer functions, whether for the benefit of that person or agency or otherwise;

(e) conduct of the public officer that amounts to maladministration which is action or inaction of a serious nature that is

(i) contrary to any law;

(ii) unreasonable, unjust, oppressive or discriminatory; or

(iii) based wholly or partly on improper motives;

(f) conduct of the person or public officer that would, if proven, constitute a

(i) criminal offence;

(ii) a disciplinary offence;

(iii) serious and substantial public wastage or abuse of financial or other public resources

or assets; or

(iv) reasonable grounds for dismissing or dispensing with, or otherwise terminating, the services of the person or public officer who is engaged in it; or

(g) a conspiracy or attempt to engage in conduct referred to in paragraphs (a) to (e) inclusive;

 

“impropriety” means any conduct which falls within any of the categories referred to in paragraphs (a) to (g) of the definition of “disclosable conduct”, irrespective of whether or not-

(a) the impropriety occurs or occurred in the Republic of Zambia or elsewhere; or

(b) the law applying to the impropriety is that of the Republic of Zambia or of another country;

 

“maladministration” means any conduct that involves action or inaction of a serious nature that is –

(a) contrary to the law;

(b) unreasonable, unjust, oppressive or discriminatory; or

(c) based wholly or partly on improper motives;

 

“disclosure” means any communication or release of information regarding any disclosable conduct of any person, a public officer or employer made by an employee or any person who has reason to believe that the information shows or tends to show one or more of the following:

(a) that a criminal offence has been committed, is being committed or is likely to be committed;

(b) that a person has failed, is failing or is likely to fail to comply with any obligation to which that person is subject;

(c) that a miscarriage of justice has occurred, is occurring or is likely to occur;

(d) that the health or safety of any person has been, is being or is likely to be endangered;

(e) that the environment has been, is being or is likely to be endangered; or

(f) that any matter referred to in paragraphs (a) to (e) has been, is being or is likely to be deliberately concealed;

Referenced Legislation: Public Interest Disclosures Act (2010)

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