38 No. 2 of 2016] Advisory Committee on prerogative of mercy Constitution of Zambia (Amendment) 96. (1) There shall be an Advisory Committee on the prerogative of mercy which shall consist of persons appointed by the President. (2) The Advisory Committee shall advise the President on an action or a decision to be taken in relation to a person convicted of an offence by a court or court-martial. (3) A member of the Advisory Committee shall hold office at the pleasure of the President. (4) The President may preside at a meeting of the Advisory Committee. (5) The Advisory Committee shall determine its own procedure for meetings. Prerogative of mercy 97. (1) The President may, on the advice of the Advisory Committee— (a) conditionally or unconditionally, pardon a person convicted of an offence; (b) substitute a less severe form of punishment imposed on a person by a court; or (c) remit the whole or part of a fine, penalty or forfeiture. (2) A person who is sentenced to death may request the President, either directly or through a representative, for a pardon or commutation of the sentence. Protection of President from legal proceedings 98. (1) A person shall not institute or continue civil proceedings against the President or a person performing executive functions, as provided in Article 109, in respect of anything done or omitted to be done by the President or that person in their private capacity during the tenure of office as President. (2) The President shall not, in the President’s private capacity during the tenure of office as President, institute or continue civil proceedings against a person. (3) For purposes of clauses (1) and (2), where a law limits the time within which proceedings may be brought against a person, the term of office shall not be taken into account in calculating the period of time. (4) Subject to clause (9), the President or a person performing executive functions, as provided in Article 109, is immune from criminal proceedings which immunity continues after that person ceases to hold or perform the functions of that office.