INFORMATION AND COMMUNICATIONS TECHNOLOGY ASSOCIATION OF ZAMBIA ACT

to establish the Information and Communications Technology Association of Zambia and provide for its functions; provide for the registration of information and communications technology professionals and regulate their professional conduct in the interest of the information and communications technology sector; and provide for matters connected with, or incidental to, the foregoing.

[16th November, 2018]

Act 7 of 2018,

SI 86 of 2018.

PART I
PRELIMINARY PROVISIONS

1. Short title

This Act may be cited as the Information and Communications Technology Association of Zambia Act.

2. Interpretation

In this Act, unless the context otherwise requires—

"allied discipline" means a discipline determined as such by the Association;

"Association" means the Information and Communications Technology Association of Zambia established under section 3;

"Authority" has the meaning assigned to the word in the Information and Communications Technologies Act, 2009;

"Committee member" means a committee member of the Council;

"computer system" has the meaning assigned to the words in the Electronic Communications and Transactions Act, 2009;

"Council" means the Executive Council of the Association constituted under section 7;

"financial year" means the period of 12 months ending on 31st December in any year;

"hardware" means physical parts or components that make up a computer system;

"information and communications technology" has the meaning assigned to the words in the Information and Communications Technology Act, 2009;

"information and communications technology consultant" means a person offering consultancy service of any type in information and communications technology;

"information and communications technology professional" means a person who possesses the knowledge, competence and skill to conduct research, plan, design, write, test, provide advice and improve information and communications technology systems, software and related concepts for specific applications and has appropriate combination of recognised qualifications and practical experience;

"information" means computed results from a computer system;

"information analyst" means a person responsible for analysing the information needs of a computer end user;

"information systems auditor" means a person responsible for the conduct of audits information systems;

"internet" has the meaning assigned to the word in the Electronic Communications and Transactions Act, 2009;

"Journal" means a periodical publication of the Association;

"practising certificate" means a certificate issued under section 21 authorising a person to practice as an information technology Professional;

"Professional Ethics and Compliance Committee" means the Professional Ethics and Compliance Committee constituted under section 40;

"Society" means the computer Society of Zambia registered under the Societies Act; and

"software" means instructions stored electronically required by the computer system to perform a function or task.

PART II
THE INFORMATION AND COMMUNICATIONS TECHNOLOGY ASSOCIATION OF ZAMBIA

3. Continuation and renaming of Computer Society of Zambia

(1) The Computer Society of Zambia registered under the Societies Act, shall continue to exist as if established under this Act and is for purposes of this Act renamed the Information and Communications Technology Association of Zambia.

(2) The Association which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name with power, subject to the provisions of this Act, to do all acts and things that a body corporate may, by law, do or perform.

(3) The provisions of the First Schedule apply to the Association.

4. Functions of Association

(1) The functions of the Association are to do all such acts and things as are necessary to foster the advancement of the information and communications technology profession.

(2) Without prejudice to the generality of sub-section (1) the Association shall—

(a) regulate and govern the conduct of its members in the practice of their business and profession;

(b) maintain appropriate practice standard among information and communication technology professionals that are consistent with the principle of self regulation and the public interest;

(c) represent, co-ordinate and develop the information and communications technology profession and promote its interests;

(d) develop, promote, maintain and improve appropriate standards of qualification in the information and communications technology profession;

(e) promote the integrity and enhance the status of the information and communications technology profession including the declaration of any particular business practice to be undesirable for all or a particular category of information and communications technology;

(f) develop, promote and enforce internationally comparable practice standards in Zambia;

(g) participate in the activities of bodies whose main purpose is the development and setting of practice standards;

(h) encourage and finance research into any matter affecting the information and communications technology profession;

(i) protect and assist the public in all matters relating to the practice of information and communications technology; and

(j) do all such things connected with, or incidental to, the foregoing.

(3) The Association may—

(a) determine and levy fees payable by professional bodies and the information and communications technology professionals that the Association considers necessary to finance its activities under this Act;

(b) determine the fees payable for an inspection and review conducted for the purposes of this Act;

(d) determine fees for the accreditation of local and foreign Associations; and

(e) determine what portion of any fee is payable in respect of any part of a year and the date on which the fee or portion thereof is payable.

5. Association constitution

(1) The Association shall, by a vote of at least two thirds of the members voting at a general meeting of the Association, adopt a constitution of the Association and may, in like manner, amend it.

(2) The constitution adopted under sub-section (1) shall, subject to the other provisions of this Act, regulate the conduct of the affairs of the Association.

(3) Subject to sub-section (2), the constitution shall provide for the following matters—

(a) the classes of membership and their rights, privileges and obligations;

(b) the election, qualifications and tenure of the President, Vice-President, National Secretary, National Treasurer of the Association and any other elective office;

(c) the composition, functions, powers and procedures of the committees of the Association except the professional Ethics and Compliance Committee;

(d) the establishment, powers and functions of the branches of the Association; and

(e) the meetings of the Association, including the delivery and sufficiency of notices of the meetings, the quorum, voting, adjournments and other matters of procedure or conduct of the meetings.

6. President and Vice-President of Association

The President and Vice-President of the Association shall be elected in accordance with the provisions of the constitution of the Association.

PART III
EXECUTIVE COUNCIL OF THE ASSOCIATION

7. Constitution of Council

(1) There is constituted an Executive Council of the Association which is responsible for the management and control of the affairs of the Association.

(2) The Council consists of—

(a) the President;

(b) the Vice-President;

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