98 No. 2 of 2016] Constitution of Zambia (Amendment) (6) A person summoned to give evidence or to produce a document before the Public Protector is entitled, in respect of that evidence or the production of the document, to the same privileges and protection as those that a person would be entitled to before a court. (7) An answer by a person to a question put by the Public Protector is not admissible in evidence against that person in civil or criminal proceedings, except for perjury. Limitation of powers of Public Protector 245. The Public Protector shall not investigate a matter which— (a) is before a court, court martial or a quasi-judicial body; (b) relates to an officer in the Parliamentary Service or Judicial Service; (c) involves the relations or dealings between the Government and foreign government or an international organisation; (d) relates to the exercise of the prerogative of mercy; or (e) is criminal in nature. Performance of functions of Public Protector during absence, illness or other cause 246. Where the Public Protector is absent from Zambia or is unable to perform the functions of office due to illness or other cause, the President shall appoint a person qualified to perform the functions of the Public Protector until that appointment is revoked or until the Public Protector returns to office. Tenure of office of Public Protector 247. (1) Subject to this Article, the Public Protector shall retire from office on attaining the age of sixty years. (2) The Public Protector may retire, with full benefits, on attaining the age of fifty-five years. (3) The Public Protector may be removed from office on the same grounds and procedure as apply to a judge. (4) The Public Protector may resign from office by three months’ notice, in writing, to the President. Report to National Assembly 248. The office of the Public Protector shall report to the National Assembly on matters concerning its affairs. Auditor-General AuditorGeneral 249. (1) There shall be an Auditor-General who shall be appointed by the President, on the recommendation of the State Audit Commission, subject to ratification by the National Assembly.

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