CHAPTER107
ZAMBIA POLICE ACT
Arrangement of Sections
Section
PART I
PRELIMINARY
1. Short title
2. Interpretation
PART II
COMPOSITION AND ADMINISTRATION
3. Inspector-General to have entire command
4. Composition of the Force
5. Functions of the Force
6. Administration of the Force
PART III
ATTESTATION, SERVICE AND DISCHARGE
7. Attestation
8. Declaration on joining the Force
9. Prolongation of service in case of war
10. Termination of appointment of certain police officers
11. Release on completion of service
12. Arms and accoutrements to be delivered up on ceasing to belong to the Force
PART IV
POWERS, DUTIES AND PRIVILEGES OF POLICE OFFICERS
13. Police officers not to engage in other employment
14. General powers and duties of police officers
15. Search by police officers
16. Right of entry in case of fire
17. Power to take photographs, measurements, fingerprints, etc.
18. Power to lay information
18A. Designation of Custody Officer
18B. Duties of Custody Officer
19. No fee to be chargeable on bail bonds
20. Power to inspect licenses
21. Duty of the Force to keep order on public roads
22. Traffic barriers and cordons
23. Non-liability for act done under authority of a warrant
24. Power to use firearms
25. Power to seize weapons
PART V
OFFENCES BY POLICE OFFICERS TRIABLE BY CRIMINAL COURTS
26. Offences by police officers triable by criminal Courts
27. Apprehension of deserters
28. Membership of trade union forbidden
PART VI
DISCIPLINE
29. Methods of dealing with disciplinary matters
30. Offences against discipline by officers below the rank of Assistant Superintendent
31. Tribunals for the trial of disciplinary offences and their powers of punishment
32. Police Advisory Board
33. Powers of officer holding inquiry
34. Suspended punishment
35. Fines to be recovered by stoppage of pay
36. Loss or damage to arms and accoutrements to be made good by stoppage of pay
37. Pay not to accrue during absence without leave, imprisonment or detention
38. Interdiction of police officers below rank of Assistant Superintendent
39. Power of arrest and remand for offences
40. Confinement of police officer arrested or sentenced
41. Dismissal and reduction in rank of police officer sentenced to imprisonment
PART VII
DISPOSAL OF UNCLAIMED PROPERTY
42. Inventory or description of unclaimed property to be sent to subordinate court
43. Disposal of property which is neither money nor property subject to decay
44. Disposal of property subject to decay
45. Unclaimed money
45A. Establishment of vehicle parking lot
PART VIII
EMPLOYMENT OF POLICE OFFICERS ON SPECIAL DUTY AND THEMAINTENANCE OF ORDER IN DISTURBED AREAS
46. Employment of police officers on special duty at expense of private persons
47. Arrangements with other countries
PART IX
COMMUNITY CRIME PREVENTION
48. Establishment of community crime prevention methods
49. Assignment of police officer to an association
50. Provisions of equipment by police to association
51. Power of arrest by association member
52. Compensation
53. Establishment of Victim Support Unit
54. Repealed
55. Repealed
56. Repealed
PART X
PENSIONS AND GRATUITIES
57. Pensions and gratuities
PART XA
POLICE PUBLIC COMPLAINTS AUTHORITY
PART XI
GENERAL OFFENCES
58. Power to prosecute under other law not affected
59. Unlawful possession of articles supplied to police officers
59A. Sending of offensive message on police radio and telecommunications
59B. Transfer or loss of radio or telecommunications device
60. Disorderly conduct in police station, etc.
61. Persons causing disaffection, etc.
PART XII
MISCELLANEOUS
62. Regulations
63. Power to exempt police canteens, etc.
64. Repeal and savings
AN ACT
to provide for the organisation, functions and discipline of the Zambia Police Force and of special constables and for matters incidental thereto.
[4th March, 1966]
Act 43 of 1965,
Act 40 of 1974,
Act 23 of1985,
Act 13 of 1994,
Act 14 of 1999,
Act 15 of 2008,
Act 30 of 2016.
PART I
PRELIMINARY
This Act may be cited as the Zambia Police Act.
In this Act, unless the context otherwise requires—
“Assistant Commissioner” includes a Senior Assistant Commissioner;
“discharge” means the removal, after due notice, from office of a police officer;
“dismiss” means the removal, without due notice, from office of a police officer;
“divisional commander of police” means a superior police officer appointed by the Inspector-General to be in charge of a police division, or, if no such officer has been appointed in relation to any police division, the Inspector-General;
“due notice” means the notice of retirement, resignation, discharge or dismissal, as the case may be, that a police officer is required to give or to be given in accordance with the conditions of service applicable to him;
“Hertzian waves” has the meaning assigned to it under the Radio communications Act;
[Ins by s 2 of Act 14 of 1999.]
“Inspector” includes a Chief Inspector, a Senior Inspector and an Sub-Inspector;
“Inspector-General” means the Inspector-General of Police;
“officer in charge of police” means the police officer appointed by the Inspector-General to be in charge of the police stationed in any place;
“pay” means the salary of a police officer in his substantive rank, but does not include any allowances which have not been specifically stated to be pensionable;
“police officer” means any member of the Force;
“police radio device” means any apparatus used by the police or belonging to the police for the transmission and reception of sound, graphic images or impulses wholly or partially by Hertzian waves;
[Ins by s 2 of Act 14 of 1999.]
“police station” means any place appointed by the Inspector-General to be a police station and includes any local area policed from such station;
“police telecommunication device” means apparatus or facilities belonging to the police or used by the police for transmission and reception of—
(a) speech, music or other sounds;
(b) visual images;
(c) electronic or other data;
(d) signals capable of being interpreted as or converted to sounds, images or data; or
(e) signals for actuation or control of machinery or apparatus:
whose principal utilises electrical, magnetic, electromagnetic or electrolchemical energy or any combination of them;
[Ins by s 2 of Act 14 of 1999.]
“postal article” means every article collected for conveyance by post and includes telegram and any bag, box, basket, parcel, hamper or other container or covering in which a postal article is conveyed;
[Ins by s 2 of Act 14 of 1999.]
“public place” includes—
(a) any highway, market place, square, road, street, bridge or other way which is lawfully used by the public;
(b) any place, other than a building, to which the public are for the time being entitled or permitted to have access either without any condition or upon condition of making any payment;
“superior police officer” means any police officer of or above the rank of Assistant Superintendent;
“telecommunication” has the meaning assigned to it under the Telecommunications Act;
[Ins by s 2 of Act 14 of 1999.]
“telecommunications apparatus” has the meaning assigned to it under the Telecommunications Act;
[Ins by s 2 of Act 14 of 1999.]
“the Force” means the Zambia Police Force established by law;
“Tribunal” means a police officer empowered under this Act to try offenders under section 30;
“vehicle” means any mechanically propelled machine intended for use, or capable of being used, on roads and includes a bicycle and tricycle.
[Ins by s 2 of Act 14 of 1999.]
[S 2 am by Act 40 of 1974.]
PART II
COMPOSITION AND ADMINISTRATION
3. Inspector-General to have entire command
(1) The Inspector-General shall, subject to the orders and directions of the President, have the command, superintendence, direction and control of the Force.
(2) The Inspector-General may, subject to the general instructions of the Minister and to the provisions of this Act and any regulations made thereunder, from time to time make standing orders for the general government of police officers in relation to their training, arms and accoutrement, clothing and equipment, places of residence, classification and duties, as well as to their distribution and inspection, and such other orders and instructions as he may deem expedient for preventing neglect and for promoting efficiency and discipline of police officers in the discharge of their duties.
(3) Save where a contrary intention appears, the Inspector-General may delegate any of the powers vested in him by this Act or any regulations, rules, orders or notices made thereunder or, by any other written law, to a police officer not below the rank of Assistant-Commissioner.
[S 3 am by Act 40 of 1974.]
(1) The Force shall consist of such numbers of the ranks set out in the First Schedule as the President may direct.
(2) Police officers shall rank for seniority in the order shown in the said Schedule.
(3) Where a police officer, other than a superior police officer, has been appointed to the Criminal Investigation Department or Special Branch, the word “Detective” shall precede the title of the rank held but the rank and seniority of such officer shall be the same as if he had not been so appointed.
(4) The President may, by statutory instrument, amend the First Schedule.
The Force shall be employed in and throughout Zambia for preserving the peace, for the prevention and detection of crime, and for the apprehension of offenders against the peace and, for the performance of such duties, may carry arms.
6. Administration of the Force
(1) The administration of the Force throughout Zambia shall be vested in the Inspector.
(2) The control of the police in any place shall be vested in such police officer as may be appointed by the Inspector-General under this section to be in charge thereof.
(3) An officer in charge of police shall carry out the orders of the Inspector-General in all matters connected with the discipline, internal administration and training of the police officers in his charge.
(4) A police officer of or below the rank of Sub-Inspector shall not be appointed an officer in charge of police.
[S 6 am by Act 40 of 1974.]
PART III
ATTESTATION, SERVICE AND DISCHARGE
A police officer shall on his joining the Force be attested to serve in the Force for such period and on such conditions as may be prescribed.
8. Declaration on joining the Force
(1) A person shall on joining the Force make and sign a declaration before a magistrate or superior police officer in such manner as he may declare to be most binding on his conscience in Form 1 of the Second Schedule.
(2) A person on joining the Force shall, before making the declaration required by sub-section (1), answer truly any question which may be put to him as to his previous service in any military, naval or air force or any other police force, and as to whether he has at any time been convicted in Zambia or elsewhere of a felony or misdemeanour.
(3) Any person who wilfully makes a false statement in reply to a question put to him under sub-section (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred penalty units or to imprisonment for a period not exceeding one month.
[S 8 am by Act 13 of 1994.]
9. Prolongation of service in case of war
Any police officer whose period of service expires during, or who would but for the provisions of this section resign during, any state of war, insurrection or hostilities may be retained and his service prolonged for such further period as the Minister may direct.
10. Termination of appointment of certain police officers
The appointment of any police officer appointed by the Inspector-General may, within six months of his making and signing the declaration required by section 8 be terminated by 14 days’ notice on either side or payment of 14 days’ salary in-lieu of notice.
[S 10 am by Act 40 of 1974.]
11. Release on completion of service
(1) Subject to the provisions of this Act, every police officer who has completed his period of service shall be released from service by the officer in charge of police at the place where he is stationed, unless at the date of completion of his service he stands charged with the commission of any offence against discipline under section 30, in which case his service shall be prolonged and his release from service deferred until he has undergone his trial and any punishment which may be imposed in respect of the offence charged.
(2) Every such police officer shall, until he has received a certificate of service, remain subject to the provisions of this Act.
12. Arms and accoutrements to be delivered up on ceasing to belong to the Force
(1) When a person ceases to be a member of the Force, he shall forthwith deliver up to the person appointed by the Inspector-General for that purpose, or to the officer in charge of police at the place at which he was last stationed, all arms, ammunition, accoutrements, uniform and other appointments which have been supplied to him and which are the property of the Government.
(2) Any person who, having ceased to be a member of the Force, fails to deliver up any arms, ammunition, accoutrements, uniform or other appointments in his possession as required by this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four hundred penalty units or to imprisonment for three months, or to both, and the Court which convicted him may issue a warrant to search for and seize all such arms, ammunition, accoutrements, uniform and other appointments not so delivered up.
[S 12 am by Act 40 of 1974, 13 of 1994.]
PART IV
POWERS, DUTIES AND PRIVILEGES OF POLICE OFFICERS
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