ZAMBIA LAW DEVELOPMENT COMMISSION ACT
Arrangement of Sections
Section
PART I
PRELIMINARY
PART II
THE ZAMBIA LAW DEVELOPMENT COMMISSION
3. Establishment of the Zambia Law Development Commission
6A. Remuneration and allowances
PART III
THE DIRECTORATE OF THE COMMISSION
12. Director, research officers and other staff
14. Prohibition of disclosure of information
PART IV
FINANCIAL PROVISIONS
PART V
MISCELLANEOUS
19. Savings and transitional provisions
AN ACT
to establish the Zambia Law Development Commission; to define the functions of the Zambia Law Development Commission; to repeal and replace the Law Development Commission and Institute for Legislative Drafting Act and to provide for matters connected with or incidental to the foregoing.
Act 11 of 1996,
Act 38 of 1996,
Act 18 of 2009,
Act 4 of 2019,
Act 17 of 2021.
[1st April, 1996]
[General Note"” Section 7 of the Act 4 of 2019 deleted the words "Commissioner" and "Commissioners" wherever they appeared and substituted them by the words "member" and "members".]
PART I
PRELIMINARY
This Act may be cited as the Zambia Law Development Commission Act.
In this Act, unless the context otherwise requires"”
"associate" has the meaning assigned to the word in the Anti-Corruption Act;
[Ins by s 2(b) of Act 4 of 2019.]
"Commission" means the Zambia Law Development Commission established under section 3;
...
["Commissioner" rep by s 2(a) of Act 4 of 2019.]
"Chairperson" means the person appointed as Chairperson under section 5;
...
["Deputy Chairperson" rep by s 2(a) of Act 4 of 2019.]
...
["Deputy Director" rep by s 2(a) of Act 4 of 2019.]
"Director" means the person appointed as Director under section 12;
"emoluments" has the meaning assigned to the word in the Constitution
[Ins by s 2(b) of Act 4 of 2019.]
"Emoluments Commission" means the Emoluments Commission established by the Constitution;
[Ins by s 2(b) of Act 4 of 2019.]
"Examinations Council of Zambia" means the Examinations Council of Zambia established under the Examination Council of Zambia Act;
[Ins by s 2(b) of Act 4 of 2019.]
"former Commission" means the Law Development Commission established under the repealed Act;
"member" means a person appointed as a member of the Commission under section 5;
[Ins by s 2(b) of Act 4 of 2019.]
"private higher education" has the meaning assigned to the words in the Higher Education Act;
[Ins by s 2(b) of Act 4 of 2019.]
"public higher education institution" has the meaning assigned to the words in the Higher Education Act;
[Ins by s 2(b) of Act 4 of 2019.]
"private university" means a private higher education institution registered under the Higher Education Act, as a university;
[Ins by s 2(b) of Act 4 of 2019.]
"public university" means a public higher education institution established or declared under the Higher Education Act, as a university;
[Ins by s 2(b) of Act 4 of 2019.]
"relative" has the meaning assigned to the words in the Anti-Corruption Act;
[Ins by s 2(b) of Act 4 of 2019.]
"School Certificate" means the certificate awarded by the Examinations Council of Zambia to a candidate who passes such subjects, in the grade twelve examinations conducted by the Examinations Council of Zambia, as the Examinations Council of Zambia requires for the award of the certificate;
[Ins by s 2(b) of Act 4 of 2019.]
"Vice-Chairperson" means the person elected as Vice-Chairperson under section 5;
[Ins by s 2(b) of Act 4 of 2019.]
"repealed act" means the Law Development Commission and Institute of Legislative Drafting Act.
"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act.
[Ins by s 2(b) of Act 4 of 2019.]
PART II
THE ZAMBIA LAW DEVELOPMENT COMMISSION
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3. Establishment of the Zambia Law Development Commission
There is hereby established the Zambia Law Development Commission which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.
(1) The functions of the Commission shall be to research and make recommendations on"”
(a) the socio-political values of the Zambian people that should be incorporated into legislation;
(b) the anomalies that should be eliminated in the statute book;
(c) new and more effective methods of administration of the law and the dispensation of justice that should be adopted and legislated;
(d) new areas of the law that should be developed which are responsive to the changing needs of Zambian society; and
(e) the removal of archaic pieces of legislation from the statute book.
(2) Without prejudice to the generality of sub-section (1), the functions of the Commission shall be to"”
(a) recommend the revision and reform of the law in Zambia;
[S 4(2)(a) subs by s 3 of Act 4 of 2019.]
(b) recommend the codification of unwritten laws in Zambia;
[S 4(2)(b) subs by s 3 of Act 4 of 2019.]
(c) review and consider proposals for law reform referred to the Commission by the Minister or the members of the public;
(d) hold seminars and conferences on legal issues;
(e) translate any piece of legislation into local languages;
(f) encourage international co-operation in the peformance of its functions under this Act; and
(g) do all such things incidental or conducive to the attainment of the functions of the Commission.
(3) The Minister may give the Commission-General or specific directions relating to the performance of its functions and the Commission shall give effect to these directions to the extent that the directions are not inconsistent with this Act.
[S 4(3) ins by s 2 of Act 17 of 2021.]
(4) The Minister may enter into performance contracts with the Commission for a specified period which shall be consistent with the provisions of this Act.
[S 4(4) ins by s 2 of Act 17 of 2021.]
(1) The Commission consists of the following part-time members appointed by the Minister"”
(a) a judge nominated by the Chief Justice, as Chairperson;
(b) a representative each of the"”
(i) Attorney-General with expertise in legislative drafting;
(ii) National Arts Council;
[S 5(1)(b)(ii) subs by s 3 of Act 17 of 2021.]
(iii) Ministry responsible for finance;
(iv) Ministry responsible for national guidance;
(v) Law Association of Zambia;
(vi) School of Law at a public university; and
(vii) School of Law at a private university;
(c) three representatives of research institutions; and
(d) two other persons with experience and knowledge in matters relevant to this Act.
(2) A person qualifies for appointment as a member if that person"”
(a) has a School Certificate or its equivalent;
(b) holds a degree, or an equivalent qualification, which is accredited or recognised and validated by the Zambia Qualifications Authority; and
(c) has relevant knowledge and experience in"”
(i) law;
(ii) social work;
(iii) finance;
(iv) administration; or
(v) economics.
(3) The members shall elect the Vice-Chairperson from among themselves.
(4) The ministries, institutions or organisations referred to in sub-section (1)(b) and (c) shall nominate their representatives for appointment by the Minister.
[S 5 subs by s 4 of Act 4 of 2019.]
(1) A member referred to in section 5, shall hold office for a period of three years from the date of that person's appointment and shall be eligible for re-appointment for a further period of three years.
(2) A member referred to in sub-section (1), may resign upon giving one month's notice in writing to the organisation that nominated him and to the Minister.
(3) The Minister may remove a member if"”
(a) the member is absent without reasonable excuse from three consecutive meetings of the Commission of which he has had notice;
(b) he ceases to hold the office which he occupies or ceases to be a representative of the organisation which nominated him; or
(c) the member is declared bankrupt.
(4) A member shall, on expiry of the period for which a member is appointed, continue to hold office until a successor is appointed, but in no case shall the further period exceed three months.
[S 6(4) ins by s 5 of Act 4 of 2019.]
(5) The Minister may, where the office of a member becomes vacant before the expiry of the term of office, appoint another person to be a member in place of the member who vacates the office for the unexpired term of that office.
[S 6 am by Act 38 of 1996; s 6(5) ins by s 5 of Act 4 of 2019.]
6A. Remuneration and allowances
A member shall be paid such remuneration or allowances as the Commission may, with the approval of the Minister, determine.
[S 6A am by Act 38 of 1996.]
(1) The seal of the Commission shall be such device as may be determined by the Commission and shall be kept by the Secretary.
(2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson or any other person authorised in that behalf by a resolution of the Commission.
(3) Any document purporting to be under the seal of the Commission or issued on behalf of the Commission shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.
Subject to section 7, whenever the office of a member becomes vacant before the expiry of the term of office, the Minister may appoint another person to be a member in place of the member who vacates the office.
(1) Subject to the other provisions of this Act, the Commission may regulate its own procedure.
(2) The Commission shall meet for the transaction of business at least once every three months at such places and times as the Chairperson may determine.
(3) The Chairperson may at any time call a meeting of the Commission and shall call a special meeting to be held within 14 days of receipt of a written request addressed to him by at least five members.
[S 9(3) am by s 7 of Act 4 of 2019.]
(4) If the urgency of any particular matter does not pemit the giving of such notice as is required under sub-section (3), a special meeting may be called by the Chairperson, upon giving a shorter notice.
(5) A quorum at any meeting of the Commission shall be one half of the members.
[S 9(5) subs by s 3 of Act 18 of 2009.]
(6) There shall preside at any meeting of the Commission"”
(a) the Chairperson;
(b) in the absence of the Chairperson the Vice-Chairperson; or
(c) in the absence of both the Chairperson and Vice-Chairperson, such member as the members present may elect for the purpose of that meeting.
(7) A decision of the Commission on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote.
(8) The Commission may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the meeting of the Commission, but such person shall have no vote.
(9) The validity of any proceedings, acts or decisions of the Commission shall not be affected by any vacancy in the membership of the Commission or by any defect in the appointment of any member by reason that any person not entitled to do so took part in the proceedings.
(1) The Commission may, for the purpose of performing its functions under this Act, establish such committees as it considers necessary and delegate to any of those committees such of its functions as it considers fit.
(2) Subject to sub-section (1), the Commission may appoint as members of a committee, persons who are, or are not, members, except that at least one member of a committee shall be a member.
(3) A person serving as a member of a committee shall hold office for such period as the Commission may determine.
(4) Subject to any specific or general direction of the Commission, a committee may regulate its own procedure.
(1) A person who is present at a meeting of the Commission or a committee of the Commission at which any matter is the subject of consideration, and in which that person or that person's relative or associate, is directly or indirectly interested in a private capacity shall, as soon as practicable after the commencement of the meeting, disclose that interest and shall not, unless the Commission or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter.
(2) A disclosure of interest made under this section, shall be recorded in the minutes of the meeting at which the disclosure is made.
(3) A person who contravenes sub-section (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
[S 11 subs by s 6 of Act 4 of 2019.]
PART III
THE DIRECTORATE OF THE COMMISSION
12. Director, research officers and other staff
(1) The Commission shall appoint a Director who shall be"”
(a) the Chief Executive officer of the Commission;
(b) the secretary to the Commission; and
(c) responsible for the day-to-day administration of the Commission.
(2) The Commission shall appoint research officers and other staff of the Commission that the Commission considers necessary for the performance of the functions of the Commission.
(3) The Emoluments Commission shall, on the recommendation of the Commission, determine the emoluments of the Director, research officers and other staff of the Commission.
(4) The Commission shall determine the terms and conditions of service, other than emoluments, of the Director, research officers and other staff of the Commission.
[S 12 subs by s 6 of Act 4 of 2019.]
(1) The Commission may appoint suitably qualified persons as assessors or experts to assist the Commission in the performance of its functions.
(2) The Emoluments Commission shall, on the recommendation of the Commission, determine the emoluments of assessors and experts.
[S 13 subs by s 6 of Act 4 of 2019.]
14. Prohibition of disclosure of information
(1) A person shall not without the consent in writing given by, or on behalf of the Commission, publish or disclose to any person otherwise than in the course of his duties, the contents of any documents, communication, or information which relates to, and which has come to his knowledge in the course of his duties under this Act.
(2) Any person who contravenes the provisions of sub-section (1), shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exeeding three years or to both.
(3) If any person having any information which to his knowledge has been published or disclosed in contravention of sub-section (1), unlawfully publishes or communicates any such information to any other person, he shall be guilty of an offence and shall be liable upon conviction to a fine not exeeding ten thousand penalty units or to imprisonment for a term not exeeding three years or to both.
PART IV
FINANCIAL PROVISIONS
(1) The funds of the Commission shall consist of such moneys as may"”
(a) be appropriated by the National Assembly for the purposes of this Act;
(b) be paid to the Commission by way of grants or donations; and
(c) vest in or accrue to the Commission.
(2) The Commission may"”
(a) subject to the approval of the Minister, accept money by way of grants or donations from any source;
(b) subject to the approval of the Minister, raise by way of loans or otherwise, such money as it may require for the discharge of its functions;
(c) charge and collect fees in respect of programmes, publications, seminars, consultancy services and other services provided by the Commission.
(3) There shall be paid from the funds of the Commission"”
(a) the salaries, allowances and loans of the staff of the Commission;
(b) such reasonable travelling, transport and subsistence allowances for the members and members of any committee of the Commission when engaged in the business of the Commission, and at such rates as the Minister may after consultation with the Commission, determine; and
(c) any other expenses incurred by the Commission in the performance of its functions.
[S 15 am by Act 38 of 1996.]
The financial year of the commission shall be the period of 12 months ending on 31st December in each year.
(1) The Commission shall cause to be kept proper books of account and other records relating to its accounts.
(2) The accounts of the Commission shall be audited annually by independent auditors appointed by the Commission, subject to the approval of the Minister.
(3) The auditors"™ fees shall be paid by the Commission.
(1) As soon as practicable, but not later than 90 days after the end of the financial year, the Commission shall submit to the Minister a report concerning its activities during the financial year.
(2) The report referred to in sub-section (1), shall include information on the financial affairs of the Commission and there shall be appended to the report"”
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require.
(3) The Minister shall not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in sub-section (1), lay the report before the National Assembly.
PART V
MISCELLANEOUS
19. Savings and transitional provisions
(1) Subject to the other provisions of this Act, a person who immediately before the commencement of this Act, held office as a member of the former Commission, shall hold office as a member of the Commission for a period of three months.
(2) After the period referred to in sub-section (1), the members shall be appointed in accordance with this Act.
(3) Nothing in this Act affects the rights or liabilities of any person employed by the former Commission immediately before the commencement of this Act.
(4) On the appointed date, all property, assets, rights, liabilities and obligations of the former Commission shall vest in the Commission established by this Act.
(5) Any proceedings or cause of action instituted or pending by or against the former Commission immediately prior to the commencement of this Act, shall continue as if instituted under this Act.
(1) The employees of the former Commission shall be deemed to be transferred to the Commission from the commencement of this Act.
(2) The service of the employees referred to in sub-section (1), shall be treated as continued service.
(3) The employees of the Commission shall continue to contribute to the Public Service Pension Scheme under the Public Service Pensions Act.
The Minister may, by statutory instrument, make Regulations for the better carrying out of the purposes of this Act.
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