DEFENCE ACT: INDEX TO SUBSIDIARY LEGISLATION
Defence (Regular Forces) (Officers) Regulations
Defence Force (Regular Force) (Enlistment and Service) Regulations
Defence Force (Summary Jurisdiction) Regulations
Defence Force (Boards of Inquiry) Rules
Defence Force (Procedure) Rules
Defence (Regular Force) (Pensions) Regulations
Defence Force (United Nations Peacekeeping Operations) (Emoluments) Regulations
DEFENCE (REGULAR FORCES) (OFFICERS) REGULATIONS
[Section 155]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation of terms
3. Application of these Regulations
PART I
APPOINTMENT TO EMPLOYMENT, PERIOD OF SERVICE AND TERMINATION THEREOF
4. Classes of engagement and employment in the Regular Force as an officer
5. Period of engagement
6. Alteration of class of engagement
7. Restriction of right to resign or retire from employment in the Regular Force
10. ...
10A Dismissal
PART II
PAY AND GENERAL ALLOWANCES
11. Pay
12. Pay on first appointment of a member of the Regular Force to commissioned rank
13. Pay on promotion
14. Acting allowance
15. Flying pay allowance
16. Marriage allowance
17. Children's allowance
18. Quarters allowance
19. Supplementary quarters allowance
20. Entertainment allowance
21. Fuel, water and sanitary services
22. Rations
23. Servant allowance
24. Native language gratuity
25. Professional and technical allowances
26. Refund of additional insurance premiums
27. Chief of General Staff's and Chief of Air Staff's allowance
28. No pay or allowances in certain circumstances
29. Deductions from pay and allowances
PART III
LEAVE AND LEAVE BENEFITS
30. Classification of leave
31. Persons empowered to grant leave
32. Pay and allowances during leave
33. Occasional leave
34. Accrual of vacational leave
35. Grant of vacational leave
36. Sick leave
37. Urgent private affairs leave
38. Study leave
39. Payment of tuition and examination fees
40. Grant of free rail fares on taking leave
41. Grant of free rail fares on retirement
42. Payment in respect of accrued leave
PART IV
MEDICAL BENEFITS
43. Medical examination
44. Medical and hospital treatment
45. Additional medical services
46. Dental treatment
47. Treatment by oculists
PART V
TRANSFERS AND TRAVELLING ON DUTY
48. Allowance for subsistence and travelling expenses
49. Allowance for relieving or special duty
50. Expenses on transfer other than at the request of an officer
51. Expenses on transfer other than at the request of an officer
52. Advances of allowances and other benefits payable under this Part
53. Field allowance
PART VI
DRESS AND EQUIPMENT
54. Clothing and equipment
55. Flying and camping equipment
56. Wearing of uniform
PART VII
DISABLEMENT BENEFITS
57.-88. ...
PART IX
MISCELLANEOUS PROVISIONS
89. Marriage
90. Occupation of official quarters
91. Engagement for profit in trade or business
92. Participation in political activities
93. Sale of effects of deserter
94. Funeral expenses
95. Messes and other institutions
GN 127 of 1960,
SI 184 of 1966,
GN 81 of 1992,
SI 38 of 2009,
SI 123 of 2011,
SI 31 of 2019.
These Regulations may be cited as the Defence (Regular Forces) (Officers) Regulations.
In these Regulations, unless inconsistent with the context—
"African Members Regulations" means the Defence (Regular Force) (African Members) regulations, 1956, published in Federal Government Notice No. 79 of 1956;
"Chaplain" means an officer holding the rank or appointment of chaplain;
"Child" means an unmarried legitimate or legitimated son or daughter (including a posthumous child, a step-child or a child legally adopted) under the age of 18 years of an officer;
"Contribute" means to pay contributions to the Federal Government in terms of Part VIII;
"Contributions" means—
(a) the amounts contributed by an officer to the Federal Government in terms of Part VIII, excluding any interest paid in terms of paragraph (e) of sub-section (3) of section 72; and
(b) the amounts, if any, contributed by an officer to the Federal Government in terms of Part VIII of the European Members Regulations, excluding any interest paid in terms of paragraph (g) of sub-section (2) of section 85 of those regulations; and
(c) the amounts, if any, paid by an officer before the fixed date to—
(i) the Consolidated Revenue Fund under the Uniformed Forces Pensions Act, 1948, of Southern Rhodesia, as amended by the Defence (Interim) Act, 1954, excluding any amounts paid in terms of section 5 or any interest paid in terms of paragraph (b) of sub-section (1) of section 22 or sub-section (4) of section 26 of the said Uniformed Forces Pensions Act, 1948, as amended as aforesaid;
(ii) the consolidated Revenue Fund of Southern Rhodesia under the Uniformed Forces Pensions Act, 1948, of Southern Rhodesia, excluding any amounts paid in terms of section 5 or any interest paid in terms of paragraph (b) of sub-section (1) of section 22 or sub-section (4) of section 26 of the said Act;
(iii) The Police and Permanent Force Pension Fund establishment under the Police Amendment Act, 1938 of Southern Rhodesia;
"Contributor Pensionable Service" means pensionable service in respect of which contributions have been or are being paid;
"Dental Officer"—
(a) For the purposes of section 11, 13 or 25, means an officer appointed as a Dental officer in the Regular Force;
(b) For the purposes of any other provisions of these Regulations, means—
(i) an officer appointment as a dental officer in the Regular Force;
(ii) a dental surgeon of the Ministry of Health;
(iii) any other person authorised by the Minister to carry out the functions of a dental officer under these Regulations;
"Dependant", in relation to a living or deceased officer or other person, means the wife, widow, child, or such other relative dependent on him for maintenance as the Minister of Finance may recognise for the purpose of these Regulations;
"Director of Medical Services" means the person appointed by regulation as Director of Medical Services for the Defence Forces;
"Disabled officer" means an officer who is placed on the retired list following a finding by a medical board that he is mentally or physically unfit for further service;
"Dismissal", amended by S.I. 217 of 1965.
"European Members Regulations" means the Defence (Regular Force) (European Members) Regulations, 1956, published in Federal Government Notices Nos. 78 of 1956 and 107 of 1956;
"Former rate of pay", in relation to an officer on first appointment to commissioned rank or on promotion to higher rank, means the annual rate of pay receivable by that officer immediately before such appointment or promotion;
"Gratuity" means a lump sum payment;
"Interest" means compound interest calculated in such manner as the Minister of Finance may determine;
"Leave", in relation to an officer, means leave of absence from the duties of that officer;>
"Legal Officer" means an officer appointed as a legal officer in the Regular Force;>
"Medical board" means a medical board constituted under section 3 of the Defence (Medical and Pensions Boards) Regulations, 1960;>
"Medical officer"—
(a) for the purposes of section 11, 13 or 25, means an officer appointed as a medical officer in the Regular Force;
(b) for the purposes of any other provisions of these Regulations, means—
(i) an officer appointed as a medical officer in the Regular Force;
(ii) a medical officer of the Ministry of Health;
(iii) any other person authorised by the Minister to carry out the functions of a medical officer under these Regulations;
"Medical practitioner" means a person registered as a medical practitioner under the provisions of any law, including a Territorial law;>
"Medium service officer" means an officer who is appointed or deemed to have been appointed to employment in the Regular Force on a medium service engagement;>
"Non-commissioned Pensionable emoluments", in relation to an officer who, immediately prior to his appointment to commissioned rank in the Regular Force, was a member of the Regular Force subject to the provisions of the African Members Regulations, means the annual rate of pensionable emoluments receivable by him under those regulations on the day before his appointment to commissioned rank;>
"Non-contributory pensionable service" means pensionable service in respect of which contributions have not been paid;>
"Officer" means a male officer attested in the Regular Force, but does not include any person who is>—
(a) appointed to honorary commissioned rank; or
(b) the holder of an honorary appointment;
"Official quarters" means quarters provided by the Federal Government;>
"Other employment in the service of the Crown or a Commonwealth country" Means pensionable employment, otherwise than as a member of the Defence Forces of the Federation, under the government of any part of Her Majesty's dominions (including the Federation or a Territory) or under a Commonwealth country not forming part of Her Majesty's dominions;>
"Pension" means an annual pension payable during the lifetime of the recipient unless, in terms of these Regulations, it is payable for a shorter period;>
"Pensionable emoluments", in relation to an officer, means>—
(a) the pay due to that officer in terms of these Regulations; and
(b) any quarters allowance payable to that officer in terms of section 18;
"Pensionable service" means pensionable service in accordance with the provisions of section 72;>
"Pensions Appeal Board" means the Military Pensions Appeal Board established by section 5 of the Defence (Medical and Pensions Boards) Regulations, 1960;>
"Pensions Board" means the Military Pensions Board established by section 4 of the Defence (Medical and Pensions Boards) Regulations, 1960;>
"Permanent service officer" means an officer who is appointed or deemed to have been appointed to employment in the Regular Force on a permanent engagement;>
"Private medical practitioner" means any medical practitioner other than a medical officer;>
"Resignation", in relation to an officer, means resignation from his employment in the Regular Force in terms of section 8, and "resign" shall be constructed accordingly;>
"Retirement", in relation to an officer, means retirement from his employment in the Regular Force in terms of section 9, and "retire" shall be constructed accordingly;>
"Retire Pensionable emoluments", in relation to an officer who retires, is placed on the retired list following a finding by a medical board that he is mentally or physically unfit for further service, or dies, means—
(a) If his pensionable service amounts to 35 years or less, the annual rate of pensionable emoluments receivable by him at the date on which his retirement or placing on the retired list takes effect, or on which he dies as the case may be;
(b) If his pensionable service amounts to more than 35 years, the annual rate of pensionable emoluments receivable by him at the date on which he completed 35 year of pensionable service;
"Service" means service in the Regular force and "serve" shall be constructed accordingly;
"Service Property" means any property of any mess or other institution, organisation or association whatsoever of members of the Defence Force.
"Special medical board" means a special medical board constituted under section 6 of the Defence (Medical and Pension Boards) Regulations, 1960;
"Unit", in relation to an officer, means the unit in which that officer is serving.
3. Application of these Regulations
The Provisions of these Regulations shall not apply to an officer who is attached or seconded to any other Her Majesty's Forces in terms of sub-section (2) of section 22 of the Act, unless the terms and conditions fixed by the Minister provide that they shall apply.
PART I
APPOINTMENT TO EMPLOYMENT, PERIOD OF SERVICE AND TERMINATION THEREOF
4. Classes of engagement and employment in the Regular force as an Officer
(a) For the purposes of these Regulations, there shall be two classes of engagement of officers in the Regular Force, to be styled medium service engagements and permanent engagement.
(b) The Ministry may appoint to employment in the Regular Force, on either a medium service engagement or a permanent engagement, any person holding commissioned rank in the Defence Forces
Provided that nothing in this sub-section contained shall be construed as authorising the transfer to the Regular Force, except in time of war, of a member of the Territorial Force or a reserve.
(c) Every officer who, immediately prior to the date of commencement of these Regulations or the date of his appointment to commissioned rank, whichever is the later, was serving on an unexpired medium service or permanent engagement in accordance with the provisions of the European Members Regulations, shall, for the purposes of these Regulations, be deemed to have been appointed to employment in the Regular Force on a medium service engagement or a permanent engagement, as the case may be, in terms of sub-section (2).
(1) Subject to the provisions of these Regulations—
(a) the period of engagement of a medium service officer shall be 10 years;
(b) the period of engagement of a medium service officer who, immediately prior to the date of commencement of these Regulations or the date of his appointment to commissioned rank, whichever is the later, was service on an expired medium service engagement in accordance with the provisions of the European Members Regulations, shall be the unexpired portion of the period for which he was engaged under those regulations.
6. Alteration of class engagement
(1) The Ministry may at any time, with the consent of a medium service officer, alter that officer's class of engagement to a permanent engagement.
(2) Where an officer's class of engagement has been altered to a permanent in terms of sub-section (1), that officer shall be deemed to have been a permanent service officer as from the date of his appointment to employment in the Regular Force on a medium service engagement.
7. Restriction of right to resign or retire from employment in the Regular Force
No officer shall be at liberty to resign or retire from his employment in the Regular Force during his period of engagement except as provided by section 8 or 9.
(1) In this section "travelling expenses", in relation to officer, means the amount of the expenses, if any, incurred by the Federal Government before the date of appointment of that officer to commissioned rank in granting free travelling facilities to such officer and in respect of his dependants, if any, from his place of residence to the place where he was required to report for the purpose of taking the oath prescribed under section 19 of the Act or by under any Federal or Territorial Law repealed by the Act:
Provided that if such notice is given while he is on active service or employed in terms of section 38 of the Act, or while he is under the orders of a superior officer to hold himself in readiness for such service or employment, his resignation shall not take effect until a period of one month has elapsed from the date on which such active service or employment is completed or on which such orders are rescinded, as the case may be.
(3) An officer who resigns from his employment in the Regular Force during the first three years of his period of engagement shall be liable to pay to the Federal Government a sum calculated in accordance with the following provisions—
(a) If his resignation takes effect before the expiry of one year from the date of his engagement under the provisions of the European Members Regulations, or, if he was not engaged under the provisions of those regulations, then from the date of his appointment to commissioned rank, his travelling expenses and, in addition, £75;
(b) If his resignation takes effect after the expiry of one year but before the expiry of two years from the appropriate date specified in paragraph (a), two thirds of his travelling expenses and, in addition, sixty thousand kwacha;
(c) If his resignation takes effect after the expiry of two years but before the expiry of three years from the appropriate date specified in paragraph (a), one third of his travelling expenses and, in addition, thirty thousand kwacha.
(4) Without derogation from the foregoing provisions of this section, a member of the Regular Force who is appointed to commissioned rank after being attached, with his consent, to any other Her Majesty's Forces in terms of sub-section (2) of section 22 of the Act for training as an officer and resigns from his employment in the Regular Force before he has served for six years as an officer, shall be liable to pay to the Federal Government—
(a) If his resignation takes effect before the expiry of one year from the date of his appointment to commissioned rank, four million, five hundred thousand kwacha or a sum equal to the full amount of the expense incurred by the Federal Government in respect of his attachment to such Forces, whichever is the less;
(b) If his resignation takes effect after the expiry of one year but before the expiry of three years from such date, three million, seven hundred and fifty thousand kwacha or a sum equal to five-sixths of such expenses, whichever is the less;
(c) If his resignation takes effect after the expiry of two years but before the expiry of three years from such date, three million kwacha or a sum equal to two-thirds of such expenses, whichever is the less;
(d) If his resignation takes effect after the expiry of three years but before the expiry of four years from such date, two million, two hundred and fifty thousand kwacha or a sum equal to one-half of such expenses, whichever is the less;
(e) If his resignation takes effect after the expiry of four years but before the expiry of five years from such date, one million, five hundred thousand kwacha or a sum equal to one-third of such expenses, whichever is the less;
(f) If his resignation takes effect after the expiry of five years but before the expiry of six years from such date, seven hundred and fifty thousand kwacha or a sum equal to one-third of such expenses, whichever is the less.
(5) An aircrew officer who resigns from employment in the Regular Force is liable to pay to the Government the total sum of the monies paid by the Government for that aircrew officer's training from ground school to the date of that aircrew officer's resignation.
[Ins by reg 2 of SI 31 of 2019.]
(1) A permanent service officer whose pensionable service amounts to 10 or more years may retire from his employment in the Regular Force on giving six months' notice in writing to the Commander of his intention to do so:
Provided that if such notice is given while the officer is on active service or employed in terms of section 38 of the Act, or while he is under the orders of a superior officer to hold himself in readiness for such service or employment, his retirement shall not take effect until a period of one month has elapsed from the date on which such active service or employment is completed or on which such orders are rescinded, as the case may be.
(2) Despite sub-regulation (1) in relation to the length of service required before a permanent service officer may retire from employment, in the Regular Force but subject to the other provisions of this regulation, a permanent service officer who is an aircrew officer and whose pensionable service amounts to not less than 20 years may retire from employment in the Regular Force.
[Ins by reg 3(a) of SI 31 of 2019.]
(3) The Ministry may on six months' notice, require a permanent service officer whose pensionable service amounts to 10 years or more to retire from his employment in the Regular Force:
Provided that the President may retire without notice a permanent service officer upon payment of six month's salary in lieu of notice.
[Reg 9(2) renumbered as reg 9(3) by reg 3(b) of SI 31 of 2019.]
(4) A permanent service officer shall, whatever the length of that officer’s pensionable service, retire from employment in the Regular Force on attaining the age of 55 years.
[Reg 9(3) subs by reg 2 of SI 123 of 2011; renumbered as reg 9(4) by reg 3(b) of SI 31 of 2019.]
(5) The President may, upon application by an officer to whom sub-regulation (4) applies, if the President considers that it is desirable in the public interest, allow that officer to continue to serve in the Regular Force for further periods, not exceeding 12 months at a time, until the officer attains the age of 60 years.
[Reg 9(4) subs by reg 2 of SI 123 of 2011; renumbered as reg 9(5) by reg 3(b) of SI 31 of 2019; am by reg 3(c) of SI 31 of 2019.]
(6) A permanent service officer who has continued to serve in the Regular Force in terms of sub-section (5) shall retire from his employment in the Regular Force on attaining the age of 60 years.
[Reg 9(5) renumbered as reg 9(6) by reg 3(b) of SI 31 of 2019; am by reg 3(d) of SI 31 of 2019.]
(7) A medium service officer shall be deemed to have retired from his employment in the Regular Force on the expiry of the period of his engagement.
[Am by S.I. No. 81 of 1992; Reg 9(6) renumbered as reg 9(7) by reg 3(b) of SI 31 of 2019.]
10. ...
[Reg 10 revoked by reg 40(b) of SI 184 of 1966.]
(1) The President may, upon the recommendation of the Commander, cancel and order his removal from office if he is satisfied that such officer is inefficient or unsuitable to remain in the Regular Force or that the conduct of such officer is likely to bring discredit upon the Defence Force.
(2) Any person whose commission has been cancelled by the President under the provisions of sub-section (1) shall forthwith be dismissed from the Defence Force.
(3) Any decision of the President to cancel the Commission of an officer under sub-section (1) shall be final and shall not be questioned in any proceedings whatsoever.
(4) An officer who is dismissed shall be liable to pay to the Government such sum, if any, as he would have been liable to pay to the Government in terms of sub-sections (3) and (4) of section 8 had he resigned instead of being which his dismissal takes effect:
Provided that the provisions of this section shall not have effect in relation to an officer who is dismissed because he is considered to be inefficient or unsuitable to remain in the Regular Force.
[As amended by SI 217 of 1965.]
PART II
PAY AND ALLOWANCES
(1) Subject to the provisions of these Regulations Pay—
(a) an officer, other than a medical officer, dental officer, legal officer or chaplain, shall be paid at the annual rate of pay prescribed in Part 1 of the First Schedule for an officer holding the rank and having the years of service in that rank which are applicable to him.
(b) a medical officer, dental officer, legal officer or chaplain shall be paid at the annual rate of pay prescribed in Part 11 of the First Schedule for an officer holding the rank and appointment and having the years of service in that rank and appointment which are applicable to him.
(2) Where the rate of pay applicable to an officer was, immediately before the date of commencement of these Regulations, determined in pursuance of the provisions of section 20 of the Defence (Regular Force) (European Members) (Amendment) Regulations, 1957 (No. 2), published in Federal Government Notice No. 136 of 1957, the rate of pay applicable to that officer shall continue to be determined in pursuance of those provisions.
(3) An officer whose initial annual rate of pay is determined—
(a) on first appointment to commissioned rank, under the provisions of sub-section (1), (2), or (3) of section 12; or
(b) on promotion to higher rank, under the provisions of sub-section (1), (2) or (3) of section 13.
shall be deemed, for the purposes of determining the annual rate of pay which is thereafter applicable to him, to have served in the rank to which he is appointed or promoted, as the case may be, for the period in relation to which such initial annual rate of pay is prescribed.
12. Pay on first appointment of a member Regular Force to commissioned rank
(1) Where, immediately prior to his appointment to commissioned rank (not being the rank of second lieutenant or pilot officer), an officer was a member of the Regular Force in receipt of a trade pay allowance, the initial annual rate of pay applicable to him on such appointment shall be the annual rate of pay prescribed for the rank to which he is appointment next above an amount equal to the sum of his annual trade pay allowance and his former rate of pay.
(2) Where, immediately prior to his appointment to the rank of second lieutenant or pilot officer, an officer was a member of the Regular Force in receipt of an annual rate of pay higher than that prescribed for a second lieutenant or pilot officer, the initial annual rate of pay applicable to him on such appointment shall, until such time as he becomes qualified in terms of these Regulations to be paid at a higher rate, be his former rate of pay together with the rate pay allowance, if any, of which he was in receipt immediately before such appointment.
(3) Where, immediately prior to his appointment to commissioned rank, an officer (not being an officer to whom the provisions of sub-section (1) or (2) apply) was a member of the Regular Force, the initial annual rate of pay applicable to him on such appointment shall be determined as follows-
(a) If is former rate of pay is the same as, or higher than the lowest annual rate prescribed for the rank to which he is appointed, the initial annual rate of pay applicable to his shall be the annual rate of pay prescribed for the rank to which he is appointed next above his forma rate of pay;
(b) If his former rate of pay is lower that the lowest annual rate of pay prescribed for the rank to which he is appointed, the initial annual rate of pay applicable to him shall be such lowest rate.
(1) Where, immediately prior to his promotion to higher-rank, an officer—
(a) held the rank of major or squadron leader; and
(b) was in receipt of a professional or technical allowance; the initial annual rate of pay applicable to him on such promotion shall the annual rate of pay prescribed for the rank to which he is promoted next above an amount equal to the sum of his annual professional or technical allowance and his former rate of pay.
(2) On the promotion to higher rank of an officer to whom the provisions of sub-section (1) do not apply and who is not a medical officer, dental officer or legal officer, the initial annual rate of pay applicable to his in such higher rank shall be determined as follows—
(a) If his former rate of pay is the same as, or higher than, the lowest annual rate prescribed for the rank to which he is promoted, the initial annual rate of pay applicable to him shall be the annual rate of next above his former rate of pay;
(b) If his former rate of pay is lower than the lowest annual rate of pay prescribed for the rank to which he is promoted, the initial annual rate of pay applicable to him shall be such lowest rate.
(3) On the promotion to higher rank of a medical officer, dental officer or legal officer, the annual rate of pay applicable to him shall be such annual rate of pay prescribed for a medical officer, dental officer or legal officer as the Minister determines.
(4) When an officer is temporarily appointed to higher rank the annual rate of pay applicable shall, during the subsistence of his temporary appointment, be-
(a) the lowest prescribed annual rate applicable to an officer holding that higher rank; or
(b) the lowest prescribed annual rate applicable to an officer holding that higher rank which is next above the annual rate of pay applicable to the temporarily appointed officer in his substantive rank; whichever is the higher.
(5) The appointment of an officer to act in a higher rank shall not affect annual rate of pay which is applicable to that officer under the provisions of these Regulations.
(1) Subject to the provisions of this section, an officer who is appointed to act for the Commander during the subsistence of his acting appointment, be paid an acting allowance at the rate prescribed in Part I of the Second Schedule.
(2) Subject to the provisions of this section, an officer who is appointed to act-
(a) for an officer holding a rank; or
(b) in a vacancy in a unit carrying a rank; which is higher than his temporary or substantive rank and is listed in the first column of Part II or the Second Schedule shall, during the subsistence of his acting appointment, be paid an acting allowance at the rate specified opposite thereto in the second column of Part II of the said Schedule.
(3) No acting allowance shall be paid to an officer if the officer for whom he is appointed to act has himself been appointed to act in a higher rank or appointment:
Provided that the provisions of this sub-section shall not apply to an officer appointed to act for an officer holding the rank of—
(a) lieutenant-colonel or wing Commander or any higher rank; or
(b) major Squadron Leader who commands a unit which is on detachment.
(4) If the rate of acting allowance together with the rate of pay due to an officer in his temporary or substantive rank exceeds—
(a) If he is appointed to act for an officer, the rate of pay applicable to that officer; or
(b) If he is appointed to act in a vacancy in a unit, the lowest rate of pay prescribed for the rank carried by that vacancy;
The acting allowance payable in terms of this section shall be reduced by the amount of the excess.>
(5) Save as provided in sub-section (6), no acting allowance shall be paid in terms of this section to an officer whose acting appointment subsists for a period of less than 30 consecutive days.
(6) An officer acting for the Commander shall be paid an acting allowance in terms of this section notwithstanding that his acting appointment subsists for a period of less than 30 consecutive days.
An officer who is serving in a unit included in the Air Force and who is classified by the Commander as being eligible for appointment to flying duties shall be paid a flying allowance at the rate prescribed in the Third Schedule for an officer holding the rank which is applicable to him.
(1) Subject to the provisions of this section, a marriage allowance at the rate of seven hundred and fifty thousand kwacha per annum shall be paid to any officer whose rate of pay does not exceed one million, three hundred and fifty six thousand kwacha per annum and who—
(a) is maintaining or contributing towards the maintenance of his wife; or
(b) Being a widower or divorcee, is maintaining or contributing towards the maintenance of a child.
(2) Where two or more members of the Regular Force are contributing towards the maintenance of a child, only one marriage allowance shall be payable under this section and section 22 of the European Members Regulations and it shall be paid—
(a) to such member; or
(b) to such members in such proportions; as the Minister may from time to time determine.
(1) Subject to the provisions of this section, an officer who is maintaining or contributing towards the maintenance of a child or children shall be paid a children's allowance in respect of each child at the rate prescribed in the Fourth Schedule for an officer entitled to the rate of pay which is applicable to him.
(2) Where two or more members of the Regular Force are contributing towards the maintenance of a child, only one children's allowance shall be payable under this section and section 23 of the European Members Regulations and it shall be paid—
(a) to such member; or
(b) to such members in such proportions; as the Minister may from time to time determine.
(1) Subject to the provisions of this section, a quarters allowance at the rate specified in sub-section (2) shall be paid to an officer who—
(a) does not reside in official quarters; or
(b) being married, maintains a home for his wife or children and is required for the performance of his duties to reside in official quarters away from his wife or children.
(2) The rate of the quarters allowance payable to an officer in terms of sub-section (1) shall be—
(a) one-sixth of his rate of pay; or
(b) three hundred and seventy eight thousand kwacha per annum; whichever is the less.
(3) No quarters allowance shall be paid to an officer mentioned in paragraph (b) of sub-section (1) who resides in official quarters away from his wife or children at his own request or for his own convenience.
(4) No quarters allowance shall be payable in terms of this section in respect of a period of less than seven days.
19. Supplementary quarters allowance
(1) The Commander may, under such conditions as he may determine, grant an officer who is entitled to be paid a quarters allowance under section 18 a supplementary quarters allowance at a rate not exceeding the difference between the rate of quarters allowance payable to him in terms of section 18 and three hundred and seventy eight thousand kwacha per annum.
(2) The Commander may at any time review, alter, or withdraw entirely a supplementary quarters allowance granted to an officer in terms of this section.
(1) An officer who performs the functions and duties of—
(a) an area or Group Commander; or
(b) the Commanding Officer, Depot the Royal Rhodesia Regiment; or
(c) the Commanding Officer of Thornhill Air Station or New Sarum Air Station;
shall in respect of the period during which he performs such functions and duties, be paid an entertainment allowance at rate of one hundred and fifty thousand kwacha per annum.
(2) An officer who performs the functions and duties of the senior military representative in Nyasaland shall, in respect of the period during which he performs such functions and duties, be paid an entertainment allowance at the rate of seventy five thousand kwacha.
(3) An officer who perform the functions and duties of a commanding officer of a Battalion shall, in respect of the period during which he performs such functions and duties, be paid an entertainment allowance at the rate of seventy five thousand kwacha per annum.
(4) For the avoidance of doubt, it is hereby declared that an officer who performs functions and duties which qualify him for the payment of more than one entertainment allowance under this section shall be paid every entertainment allowance for which he so qualifies, so, however, that the aggregate of such allowances paid to any one officer shall in no case exceed the rate of one hundred and fifty thousand kwacha per annum.
21. Fuel, water and sanitary services
(1) An officer who is married and who resides in official quarters shall be paid a fuel allowance at the rate of eighteen thousand kwacha per annum.
(2) An officer who resides in official quarters shall be provided free of charge with sanitary services and with such quantities of water as the Commander may determine.
An officer may be issued with free rations for such periods and in such circumstances as the Minister may determine.
An officer who is not provided with a batman shall be paid a servant allowance at the rate of thirty six thousand kwacha per annum.
(1) Subject to the provisions of this section, if an officer is successful in passing—
(a) a written and oral native language examination of a standard approval by the Minister, he shall be paid a gratuity of thirty thousand kwacha.
(b) an oral native language examination of a standard approved by the Minister, he shall be paid a gratuity of twelve thousand kwacha.
(2) An officer shall not, in respect of the same oral examination, be paid both the gratuities mentioned in this section.
25. Professional and technical
(1) A medical officer, dental officer or legal officer shall be paid a professional allowance at the rates prescribed in this section.
(2) The rate of professional allowance payable to a medical officer or dental officer whose period of service amounts to five or more years and who has the rank of major or any higher rank shall be four hundred and fifty thousand kwacha.
(3) The rate of professional allowance payable to a medical officer or dental officer who is not entitled to be paid at the rate prescribed in sub-section (2) shall be three hundred thousand kwacha per annum.
(4) The rate of professional allowance payable to a legal officer shall be three hundred and seventy five kwacha per day.
(5) The Minister may grant an officer who is technically qualified and who holds a rank not higher than that of manor or squadron leader a technical allowance at the rate of three hundred and seventy five kwacha per day.
26. Refund of additional insurance premiums
(1) Subject to the provisions of sub-section (2), an officer serving in a unit included in the Air Force whose life is insured against death or accident shall be refunded half the amount of any additional premiums which he is required to pay by reason of the nature of his duties in the Air Force.
(2) Where the sum in respect of which the life of an officer referred to in sub-section (1) is so insured exceeds four million, five hundred thousand kwacha on the amount by which that sum exceeds four million, five hundred thousand kwacha.
27. Chief of General Staff's and Chief of Air Staff's allowance
An officer who holds the appointment of Chief of General Staff or Chief of Air Staff shall be paid an allowance at the rate of three hundred thousand kwacha per annum.
28. No pay or allowances in certain circumstances
Notwithstanding the provisions of these Regulations, an officer shall not be paid any pay or allowances in respect of any period during which—
(a) he is undergoing a sentence of imprisonment imposed under the Act by a court-martial or civil court or;
(b) he is being treated as an in-patient at a hospital for an illness or injury if—
(i) he has been convicted by a court-martial, prescribed officer or civil court of an offence under the Act; and
(ii) a medical officer certifies that his illness or injury has been occasioned by such offence; or
(c) he is absent in circumstances constituting the offence of deserting or absenting himself without leave.
29. Deductions from pay and allowances
(1) The Commander may authorise the deduction from the pay and allowances due to an officer in terms of these Regulations of-
(a) any liquidated amount which that officer is liable to pay to the Federal Government or to any mess, institution, organisation or association whatsoever of members of the Defence Force.
(b) any amount which that officer has previously been paid in pay and allowances in excess of the amount which is due to him in terms of these or any other regulations.
(2) If, after perusing the proceedings of any board of inquiry, the Commander is satisfied-
(a) that loss or destruction of or damage to Federal Government property or service property has been occasioned by the deliberate or negligent act of an officer; and
(b) that such officer will not be charged before a court-martial, prescribed officer or civil court with an offence under the Act arising out of such loss destruction or damage;
he may authorise the deduction from the pay and allowance due to such officer in terms of these or any other regulations of such amount not exceeding-
(i) the value of the loss, destruction or damage; or
(ii) seventy five thousand kwacha whichever is the less, as in the circumstances he may deem equitable compensation for the loss, destruction or damage.
(3) Any officer from whose pay and allowances a deduction has been made in terms of sub-section (2) may, within the period of 14 days immediately following the date when the deduction was made, appeal in writing to the Minister against much deduction and the Minister may confirm, modify or set aside the deduction.
PART III
LEAVE AND LEAVE BENEFITS
For the purposes of this Part, leave shall be divided into the following classes—
(a) occasional leave;
(b) vacational leave;
(c) sick leave;
(d) urgent private affairs leave;
(e) study leave.
31. Persons empowered to grant leave
(1) The Minister may in accordance with the provisions of this Part—
(a) grant leave of any class to the Commander;
(b) grant study leave to an officer.
(2) The Commander may, in accordance with the provisions of this Part, grant an officer under his command leave of any class other than study leave.
(3) An officer may, in accordance with the provisions of section 33, grant occasional leave to another officer under his command.
32. Pay and allowances during leave
(1) The Commander may authorise the payment in advance of the pay and allowances due to an officer in respect of a period of leave granted to him in accordance with the following provisions—
(a) if the officer has been granted a period of vacation leave which immediately precedes the date on which his retirement, resignation or placing on the retired list takes effect, the pay and allowances due in respect of the whole of that period;
(b) if the officer has been granted a period of sick leave or a period of vacation leave which does not immediately proceed the date on which his retirement, resignation or placing on the tired list takes effect and-
(i) the leave is to be spent within the Federation or in the Union of South African, the pay and allowances due in respect of a period of two months or the period of the leave, whichever is the less;
(ii) the leave is not to be spent within the Federation or in the Union of South Africa, the pay and allowances due in respect of a period of three months or the period of the leave, whichever is the less.
(2) Where a period of leave with pay is granted to an officer under this Part, the officer shall, in respect of such period, be paid the amount of his pensionable emoluments and of any other allowances for which he is eligible under these Regulations;
Provided that, if the period of such leave exceeds 30 days, no fuel allowance or servant allowance shall be paid to the officer in respect of the period of leave.
(3) Where a period of leave with half-pay is granted to an officer under this Part, the officer shall in respect of such period, be paid half the amount of his pay and the full amount of any allowances for which he is eligible under these Regulations:
Provided that, if the period of such leave exceeds 30 days, no fuel allowance or servant allowance shall be paid to the officer in respect of the period of leave.
(4) Where a period of leave with reduced pay is granted to an officer under this Part, the officer shall, in respect of such period, be paid such amount of his pay and of any allowances for which he is eligible under these Regulations as the Minister may in each case determine.
(5) Where a period of leave without pay is granted to an officer under this Part, the officer shall not be paid any pay or allowances in respect of that period.
(1) In this section, "year" means a period of 12 months ending on the 31st December.
(2) Subject to the provisions of this section, an officer may during any year be granted occasional leave with pay for one or more periods not exceeding 14 days in all.
(3) If an officer was appointed to commissioned rank after the 1st January in any year, then—
(a) in the case of an officer who was not a European member of the regular Force immediately prior to his appointment to commissioned rank, the occasional leave which may be granted to him shall be reduced in proportion to the period in that year during which he was not an officer;
(b) in the case of an officer who was a European member of the Regular Force immediately prior to his appointment to commissioned rank, the occasional leave which may be granted to him shall be reduced by the number of days occasional leave, if any, which had been granted to and taken by him during that year under the provision of the European members regulations.
(4) Any period of occasional leave taken by an officer during the period extending from the 1st January, 1960, until the date of commencement of these Regulations shall be deemed to have been taken under the provisions of this section.
(5) Any period of occasional leave which is not taken during the year in which it may be granted shall not be taken in any other year.
(6) Any Sunday or Public holiday which falls within a period of occasional leave shall not be reckoned as part of that period.
(7) For the avoidance of doubt, it is hereby declared that occasional leave may be granted so as to immediately proceed and, additionally or alternatively, follow any period of vacation leave.
34. Accrual of vacational leave
(1) In this section "qualifying service", in relation to an officer, means the period that has elapsed since the date of commencement of these Regulations or the date of his appointment to commissioned rank, whichever is the later.
(a) The period of any vacation leave, sick leave occasioned by his own misconduct or urgent private affairs leave taken during such period; and-
(b) Any period after that date in respect of which, by virtue of the provisions of section 28, no pay or allowances were paid to him.
(2) Subject to the provisions of this section, vacational leave shall accrue to an officer at the following rates—
(a) for every period of qualifying service amounting to less than 365 days, 53 days;
(b) for every period of qualifying service amounting to less than 365 days such number of days as bears the same proportion to that period as 53 bears to 365.
(3) Any vacation leave which, immediately before the date of commencement of these Regulations, had accrued or was deemed to have accrued to an officer under the provisions of the European Members regulations and had not been taken by him, shall be deemed to have accrued in terms of this section.
(4) Where a member of the Regular Force is appointed to commissioned rank on or after the date of commencement of these Regulations, any vacation leave which, immediately before the date of his appointment to commissioned rank, had accrued or was deemed to have accrued to him under the provisions of the law then applicable to him and had not been taken by him shall be deemed to have accrued in terms of this section.
(5) Subject to the provisions of sub-section (6), vacation leave shall not accrue to an officer in terms of this section in excess of 230 days, save that an officer on service outside the Federation which is declared to be "active service" by the Minister for the purpose of this sub-section, shall be permitted to accrue vacation leave in excess of 230 days up to a maximum of 350 days during such service and during a period of 6 months immediately following his return to the Federation from such service, so, however, that any leave in excess of 230 days shall be forfeited at the end of a period of 18 months after the date on which he returned to the Federation after such service.
(6) Notwithstanding anything in this section contained, any officer who, immediately before the date of commencement of these Regulations, has vacation leave accrued to him in respect of which the provisions of paragraph (b) of sub-section (3) of section 80B of the Southern Rhodesia Staff Corps Regulations, 1947, published in Southern Rhodesia Government Notice No. 836 of 1947 as amended, applied, shall continue to enjoy the benefits conferred by such provisions.
(1) An officer may be granted vacation leave with pay for any period or part thereof which has accrued to him in terms of section 34 but not exceeding 184 days in respect of any one continuous period.
(2) If an officer is granted only a portion of the total vacation leave which has accrued to him, he may be granted the remaining portion at a later date, together with any further vacation leave which has accrued to him at that date.
(1) An officer may at any time be granted sick leave for a period not exceeding 365 days on the following leave conditions—
(a) when the period exceeds 90 days, the officer shall furnish a medical certificate as to the state of his health to the Commander at the end of every month;
(b) the first 180 days of any period shall be with pay and any subsequent period shall be with half pay.
(2) If an officer is absent from duty or detained in hospital on the orders of a medical officer and in the opinion of the Commander, such absence or detention is rendered necessary by the misconduct of the officer, the Commander may direct that the period of such absence or detention be taken as vacation leave or, if the officer is not eligible for the grant of any vacational leave which may subsequently accrue to the officer.
37. Urgent private affairs leave
(1) An officer wishing to absent himself from duty on urgent private fairs who—
(a) is not eligible for the grant of a period of vacation leave or occasional leave; or
(b) is eligible for the grant of a period of vacation leave or occasional leave which is insufficient for the purpose;
may be granted urgent private affairs leave for such period as the Commander may determine.
(2) An officer shall only be granted urgent private affairs leave if all periods of vacation leave and occasional leave which he is eligible to be granted are taken in conjunction therewith.
(3) The first 90 days of any period of urgent private affairs leave granted in terms of this section shall be with pay and any subsequent period of such leave shall be without pay.
(4) Any period of urgent private affairs leave with pay granted to an officer in terms of this section shall be deducted from any period of vacation leave which may subsequently accrue to the officer after he returns to duty and, if before a period of vacation leave equivalent to the period of urgent private affairs leave with pay granted to him has accrued the officer retires, resigns, if placed on the retired list or is dismissed, the pay and allowances paid to him in respect of that period of urgent private affairs leave shall be a debt due by him to the Federal Government.
(1) In this section, "period of the course study leave relation to an officer, means the period commencing on the first day on which the officer is required to report at the place where a course of study is to be held and ending on the last day on which he is required to be in attendance.
(2) Subject to the provisions of this section, an officer may be granted study leave with pay, for a period not exceeding 184 days, for the purpose of—
(a) undertaking a post-graduate or refresher course at a university or at a professional institute in a subject directly connected with or related to his official duties; or
(b) obtaining a special diploma or qualification which it is desirable that he should possess in order to carry out duties which he may be called upon to perform; or
(c) obtaining training or experience in specialised subjects;
if, in the opinion of the Minister, any such purpose is directly in the interests of the Federal Government.
(3) Study leave with pay may only be granted if—
(a) the period of such study leave does not exceed one half of the period of the course of duty; and
(b) accrued vacation leave of an amount at least equal to the period of such study leave, is taken in conjunction therewith; and
(c) the total period of all leave taken is equal to or greater than-
(i) the period, if any, necessary to make the journey to and from the place at which the course of study is to be held; plus
(ii) the period of the course of study; plus
(iii) an additional period of 14 days to be known as a rest period;
Provided that, if any part of the journey to or from the place at which the course of study is to be held, is made by sea, the amount of such rest period shall be reduced by any period actually spent at sea.
(4) Notwithstanding the provisions of section 35, an officer to whom study leave with pay is granted may, if the circumstances so require, be granted accrued vacation leave for a period equal to—
(a) the period, if any necessary to make the journey to and from the place at which the course of study is to be held; plus
(b) half the period of the course of study; plus
(c) The rest period of 14 days;
Provided that the amount of accrued vacation leave which may be so granted to him shall not exceed 230 days.
(5) If an officer is granted accrued vacation leave in excess of 184 days under sub-section (4), the period of study leave granted to him may exceed 184 days, but any period of study leave so granted in excess of 184 days shall be study leave without pay.
(6) Study leave without pay or with reduced pay may be granted, for such period as the Minister may determine, to an officer warded a scholarship or grant for purposes which, in the opinion of the Minister, do not warrant the grant of study leave with pay.
(7) An officer to whom study leave with pay has been granted, shall not again be granted study leave with pay until a period of not less than 10 years has elapsed since the first day of his last absence from duty on vacation leave taken in conjunction with study leave with pay.
(8) If, before the expiry of three years from the date of his return to duty, an officer to whom study leave with pay or with reduced pay has been granted retires, resigns, if placed on the retired list following a finding by a medical board that he is mentally or physically unfit for further service, or is dismissed, he shall pay to the Federal Government—
(a) if the retirement, resignation, placing on the retired list or dismissal takes effect before the expiry of one year from the date of his return to duty, a sum equal to the pay or reduced pay received by him during the period of study leave together with the amount of any fees refunded to him under section 39;
(b) if the retirement, resignation, placing on the retired list of dismissal takes effect after the expiry of one year, but before the expiry of two years from the date of his return to duty, two thirds of the sum payable under paragraph (a);
(c) if the retirement, resignation, placing on the retired list or dismissal takes effect after the expiry of two years but before the expiry of three years from the date of his return to duty, one-third of the sum payable under paragraph (a);
and any amount payable by an officer under this sub-section, shall be a debt due by him to the Federal Government.
39. Payment of tuition and examination fees
(1) Subject to the provisions of this section, an officer to whom study leave with pay or with reduced pay has been granted shall be refunded the amount of
(a) the tuition fees for his course on the production by him of a receipt showing payment of the fees; and
(b) the fees for any examination which is an integral part of his course on the production by him of-
(i) a receipt showing that pay of such fees has been made; and
(ii) evidence that he has successfully passed the examination.
(2) No refund of tuition fees to an officer under this section shall exceed one hundred and fifty thousand kwacha unless, before the grant of study leave to that officer, th e Minister of Finance approved a refund in his case exceeding one hundred and fifty thousand kwacha.
40. Grant of free rail fares on taking leave
(1) Subject to the provisions of this section, an officer who has completed three years' service and who proceeds on vacation leave for a period of not less than 30 days shall be paid—
(a) if he is not proceeding overseas or by sea from one coastal port to another between Beira and Cape Town, an amount equal to the cost of a first-class return rail fare from the appropriate point of departure by rail nearest to his station to the railway station nearest to his destination;
(b) if his journey to a destination in the Union of South African or Portuguese East Africa includes a journey by sea from one coastal port to another between Beira and Cape Town, an amount equal to the cost of a first-class return rail fare from the appropriate point of departure by rail nearest to his station to the railway station of the port of embarkation or disembarkation, whichever is the further from the point of departure by rail nearest to his station.
(c) if he proceeds overseas by sea or air, an amount equal to the cost of a first-class return rail fare to Cape Town from the appropriate point of departure by rail nearest to his station;
(d) if he proceeds to a place within the Federation, an amount equal to the cost of the first-class rail fares referred to in paragraph (a) in respect of his dependants;
(e) if—
(i) he proceeds to a place outside the Federation; and
(ii) his dependants are to return to the Federation; an amount equal to the cost of the first-class rail fares referred to in paragraph (a), (b) or (c), as the case may be, in respect of his dependants;
Provided that no amount which may be payable under this sub-section shall, in respect of each person, exceed the cost of a first-class return rail fare at civil servants' concession rates from the appropriate point of departure to cape Town by the most direct route.
(2) The benefits referred to in sub-section (1) shall not be granted unless the officer undertakes, in writing, that he will proceed on vacation leave to his destination by a named route and, if the circumstances so require, that his dependants have preceded him or will proceed him or will accompany him or will join him during his vacation leave and are to return to the Federation.
(3) An officer who fails to comply with the undertaking given by him in terms of sub-section (2) shall, save as may otherwise be authorised by the Commander, refund the cost or part thereof of any first-class return rail fare paid to him in terms of this section.
(4) An officer may subsequently be granted the benefits referred to in sub-section (1) after a period of three years have elapsed between the first day of his last vacation leave in respect of which a benefit was granted and the first day of the vacation leave in respect of which application for the grant of a benefit is made:
Provided that, if an officer proceeds on vacation leave for a period of not less than 30 days before such period of three years has elapsed, he may be granted a proportion of the benefits referred to in sub-section (1) which bear the same relation to the full benefits as the number of completed months which have elapsed bears to such period of three years.
(5) For the purpose of this section, "dependant" means—
(a) the wife of an officer
(b) any child of an officer wholly dependent on him; who precedes him or accompanies him or joins him on vacation leave.
41. Grant of free rail fares on retirement
(1) Subject to the provisions of this section, a person who—
(a) is an officer and who proceeds on vacation leave pending retirement on pension;
(b) was an officer and who leaves the Federation after his retirement on pension;
shall be granted in respect of himself and each of his dependants the benefits specified in sub-section (2) for a journey beyond the borders of the Federation.
(2) The benefits referred to in sub-section (1) shall be—
(a) if the person is proceeding overseas or by sea from one coastal port to another between Beira and Cape Town an amount equal to the cost of single or return first-class rail fares by the most direct route from the railway station nearest to his last place of duty to the railway station nearest to his destination;
(b) if the person's journey to a destination in the Union of South Africa or Portuguese East Africa includes a journey by sea from one coastal port to another between Beira and Cape town, an amount equal to the cost of single or return first-class rail fares by the most direct route from the station nearest to his last place of duty to coastal port of embarkation or disembarkation whichever is the further from the railway station nearest to his last place of duty;
(c) if the person proceeds overseas by sea or air, an amount equal to the cost of single or return first-class real fares from the railway station nearest to his last place of duty to Cape Town; Provided that—
(i) in the case of single journey, a person shall be entitled only to an amount equal to the cost of single first class rail fare and, in any case, shall not be entitled for a benefit in respect of himself or a dependant exceeding the cost of a first-class rail fare from the railway station nearest to his last place of duty to Cape Town;
(ii) in the case of a return journey, the benefit in respect of the person or a dependant shall not exceed the cost of a first-class rail fare at civil servants' concession rates from the railway station nearest to the person's last place of duty to Cape Town.
(3) The widow of a person who was an officer and his children dependent upon her may be granted the benefits conferred by section if such person—
(a) dies before retirement on pension; or
(b) having retired on pension, dies within 12 months of the benefits to which he was entitled under this section.
(4) A person who receives the benefits conferred by section 40 when proceeding on vacation leave pending retirement shall not be entitled to the benefits conferred by this section.
(5) Nothing in this section contained shall entitled a person or his dependants to be granted the benefits conferred by this section on more than one occasion.
(6) No claim for the benefits conferred by this section shall be granted unless it is supported by a certificate that they will be used for the journey in respect of which the claim was made and, in the case of a claim made in respect of a person's dependants, particulars are given.
(7) For the purpose of this section, "dependant", in relation to a person referred to in sub-section (1), means—
(a) the wife of that person;
(b) any child of that person who was, at the date on which that person ceased to be an officer, under the age of 18 years and wholly dependent on him;
who precedes him, accompanies him or follow him on any journey with respect to which a benefit may be granted under this section.
42. Payment in respect of accrued leave
(1) On the death of an officer, there shall be paid either to his widow or to his dependants, as the Minister may determine, the cash equivalent of any vacation leave accrued to him, calculated at the rate of pay and allowances which he would have received had be proceeded on vacation leave on the day immediately preceding the date of his death.
(2) An officer who retires or who is placed on the retired list following a finding by a medical board that he is mentally or physically unfit for further service, shall be paid the cash equivalent of any vacation leave accrued to him, calculated at the rate of pay and allowances which he would have received had he proceeded on vacation leave on the day immediately preceding the date on which his retirement takes effect.
(3) An officer who resigns and whose pensionable service amounts to five or more years shall be paid half the cash equivalent of any vacation leave, not exceeding 184 days, accrued to him, calculated at the rate of pay and allowances which he would have received had he proceeded on vacation leave on the day immediately preceding the date on which his resignation takes effect.
(4) Save as provided by this section, no payment shall be made of the cash equivalent of any vacation leave accrued to an officer.
PART IV
MEDICAL BENEFITS
The Commander may at any time order an officer to present himself for and to submit to a medical examination at the expense of the Federation Government by—
(a) a medical officer;
(b) a private medical practitioner;
(c) a medical board.
44. Medical and hospital treatment
(1) An officer shall while stationed or on leave within the Federation, and while outside the Federation on active service or other duty, be entitled to receive the following benefits free of charge in respect of himself and his dependent.
(b) such medical treatment by persons other than of medical officers as is, before the commencement of such treatment, authorised by a medical officer.
(2) If, while an officer is stationed or on leave within the Federation or is outside the Federation on active service or other duty, a medical officer authorises the admission to a Federal Government hospital of such officer or of any of his dependants, such officer shall not be required to pay any of the hospital fees which would normally be incurred during the period the officer or any such dependant is kept at the hospital and shall be entitled, in addition, to have the patient transported to the hospital free of charge.
(3) If the Director of Medical Services is satisfied that no medical officer was available to authorise—
(a) the medical treatment of an officer or his dependant referred to in paragraph (b) of sub-section (1); or
(b) the admission to a Federal Government hospital of an officer or his dependant referred to in sub-section (2);
and that such treatment or admission was necessary in the circumstances, he may authorise such treatment or admission and thereupon the officer shall be entitled to the benefits conferred by sub-section (1) or (2) as if the treatment or admission had been authorised by a medical officer.
(4) If an officer on leave outside the Federation requires medical or hospital treatment for himself in respect of an illness, injury or disability which is attributable to his service within the Federation, the Director of Medical Services shall authorise him to be provided, free of charge, with such medical or hospital treatment (including transport to a hospital) as the Director of Medical Services considers necessary in the circumstances.
(5) If while an officer is stationed or on leave within the Federation or is outside the Federation on active service or other duty, it is necessary for him or any of his dependants to be admitted to a hospital and no Federal
Government hospital is available for the purpose, the Government hospital is available for the purpose, the Director of Medical Services shall authorise the admission of such officer or dependant to such other hospital or institution as may be named by him, and thereupon the officer shall be entitled to have the patient to the hospital or other institution paid by the Federal Government.
45. Additional medical services
Without derogation from the provisions of section 44—
(a) the Director of Medical Services may authorise the payment to an officer of any medical or surgical expenses incurred by the officer within the Federation in respect of himself or any of his dependants, other than medical or surgical expenses incurred in connection with the confinement of the wife of the officer;
(b) if the Director of Medical Services certifies that specialist medical or surgical advice or treatment is required by an officer and that such advice or treatment is not available within the Federation, the Minister may authorise the payment of any or all of the expenses incurred by him in obtaining such advice or treatment.
An officer shall, while stationed or on leave within the Federation and while outside the Federation on active service or their duty, be entitled to free dental treatment by a dental officer in respect of himself.
(1) If the examination and treatment of an officer's eyes by an oculist is authorised by a medical officer, any costs thereby incurred shall be paid by the Federation Government.
(2) The cost of a standard type of frame and lenses prescribed for an officer by an oculist or optician shall be paid by the Federal Government.
PART V
TRANSFERS AND TRAVELLING ON DUTY
48. Allowance for subsistence and travelling expenses
The Minister may, with the concurrence of the Minister of Finance, authorise the payment to an officer in respect of any period during which he is required to travel on duty of—
(a) an allowance sufficient to cover the reasonable expenses incurred by the officer on travelling and subsistence;
(b) an allowance sufficient to cover other reasonable out of pocket expenses incurred by the officer.
49. Allowance relieving or special duty
The Minister may, with the concurrence of the Minister of Finance, authorise the payment to an officer who is required to undertake relieving or special duty of an allowance sufficient to cover the reasonable expenses thereby incurred by the officer.
50. Expenses on transfer at the request of an officer
An officer who is posted on transfer at his own request shall not be entitled to a refund of any of the expenses incurred thereby.
51. Expenses on transfer other than at the request of an officer
(1) Subject to the provisions of this section, an officer who is posted on transfer other than at his own request shall be entitled to the following benefits-
(a) allowances at the rates authorise under section 48 in respect of himself and each of his dependant over the age of 12 years;
(b) allowances at half the rates authorised under section 48 in respect of each of his dependants under the age of 12 years:
(c) either—
(i) reimbursement of the expenses necessarily incurred in transporting-
A. himself, his dependants, and not more than two domestic servants;
B. the household and personal effects (including domestic animals) not exceeding 15,000 lb. in weight belonging to himself, his dependants, and not more than two domestic servants;
C. a reasonable amount of excess luggage belonging to himself, his dependants, and not more than two domestic servants by passenger train; or
(ii) if he is authorised by the Commander to travel by a private motor vehicle in respect of which a comprehensive policy of insurance or a policy of insurance in respect of full third party risks, together with, in either case an employers' indemnity extension is in force-
A. a mileage allowance at a rate fixed by the Minister with the concurrence of the Minister of Finance; and
B. reimbursement of the expenses necessarily incurred in transporting the persons (other than himself), effects and luggage referred to in sub-paragraph (i) which could not reasonably have been transported in such private motor vehicle; his household effects, a gratuity of-
(i) in the case of an officer without any dependant, eleven thousand two hundred and fifty kwacha;
(ii) in the case of an officer with one or more dependants, thirty thousand kwacha;
(e) reimbursement of any reasonable expenses incurred in employing professional packers.
(2) The allowances payable under paragraphs (a) and (b) of sub-section (1) may be paid in respect of any of the following periods, that is to say—
(a) any period immediately preceding the date of transfer of the officer or immediately following the date of arrival of the officer at the station to which he is posted on transfer, not exceeding 22 days in all, during which the officer and his dependants necessarily incurred the expenses of accommodation at a hotel, club, boarding-house or rest-house;
(b) where the cost of sleeping accommodation and meals is not included in the fares paid for transportation the officer and his dependants to the station to which he is posted on transfer, the period during which the officer and his dependants were in transit thereto.
(3) No allowance shall be paid under paragraph (e) of sub-section (1) unless the authority of the Commander to employ professional packers has first been obtained.
(4) If an officer travels by a mode of transport which, after making due allowance for any consequent saving in travelling and subsistence and other allowances and benefits, is more expensive than another mode of transport which is available and reasonably suitable, the officer shall be reimbursed as if he had travelled by the less expensive mode of transport, unless the Minister is satisfied that, owing to urgency or other reasons, the additional expense was justified.
52. Advances of allowances and other benefits payable under this part
An officer may be paid in advance the full amount of any allowances and, additionally or alternatively, other benefits which it is estimated will be payable to him under this Part in respect of any posting on transfer or travelling on duty, but any payment so made shall, immediately following the termination of the period in respect of which the payment has been made, be adjusted to the actual amount of the allowances and, additionally or alternatively, to their benefits which are payable to him.
An officer shall, in respect of any period during which he attends a camp or training and during such other periods as the Minister may determine, be paid a field allowance prescribed in the Fifth Schedule for an officer holding the rank which is not applicable to him.
PART VI
DRESS AND EQUIPMENT
(1) An officer shall provide himself with such clothing and personal equipment as will enable him to appear in all orders of dress, and shall maintain it in a serviceable condition.
(2) On first appointment to commissioned rank an officer shall be paid a gratuity of one hundred and twelve thousand five hundred kwacha for the purpose of providing himself with such clothing and personal equipment as will enable him to appear in all orders of dress.
(3) If a new or altered order of dress is adopted after the first appointment of an officer to commissioned rank, he shall be entitled to be granted a free issue of any additional clothing and personal equipment required to enable him to appear in the new or altered order of dress, or, in lieu thereof, to the paid the amount of any expenses necessarily incurred by him in providing himself with such clothing and equipment.
(4) An officer shall, on every anniversary of the date of his appointment to commissioned rank, be paid a gratuity of thirty thousand kwacha for the purpose of maintaining his clothing and personal equipment in a serviceable condition.
55. Flying and camping equipment
(1) An officer serving in a unit included in the Air Force shall be issued with any flying and camping equipment necessary to enable him to perform his duties.
(2) Any flying and camping equipment issued to an officer shall remain the property of the Federal Government, and an officer may at any time be ordered by the Commander to return all or any items thereof.
(3) An officer who fails when ordered to so do return any item of flying or camping equipment issued to him shall be liable to pay an amount equal to the cost thereof to the Federal Government, unless he can show that such items was stolen, lost, or destroyed and that he took all reasonable precautions to prevent its theft, loss or destruction.
(4) Any flying and camping equipment issued to an officer in terms of sub-section (1) shall be maintained in a serviceable condition at the expense of the Federation Government.
An officer shall not wear any article forming part of the uniform of the Defence Force which he is not authorised to wear.
PART VII
[Regs 57 to 88 rep by reg 40(b) of SI 184 of 1966.]
PART IX
MISCELLANEOUS PROVISIONS
No officer shall marry without obtaining the consent of the Commander.
90. Occupation of official quarters
An officer shall, if required by the Commander to do so, reside in official quarters.
91. Engagement in profit trade or business
Except with the written consent of the Minister and in accordance with such directions, if any, as the Minister may from time to time give him, an officer shall not—
(a) engage for profit in any business or occupation other than his official duties;
(b) be or become a director or engage directly or indirectly in the management or direction of any public company or syndicate.
92. Participation in political activities
No officer shall—
(a) belong to any political organisation or take any active part in political matters;
(b) belong to any organisation which is banned or prescribed by or under any law, including a Territorial law;
(c) attend any political meeting or assembly when in a uniform of the Defence Forces; or
(d) be a member of a Municipal Council.
93. Sale of effects of deserter
(1) If an officer deserts and there is no likelihood of his immediate arrest, the Commander may, on the expiration of one month after the date of desertion, authorise the sale by auction of any private effects or personal property left by the officer.
(2) The proceeds of any sale of private effects or personal property of an officer who has deserted, together with the amount of pay and allowances due to him at the date of desertion, shall be applied firstly to the liquidation of any sums due by the that officer to the Federal Government and thereafter to the liquidation of any sums due by that officer to a mess or other institution, organisation or association of members of the Defence Forces.
The amount of pay reasonable expenses incurred in burying an officer shall be paid by the Federal Government.
95. Messes and other institutions
Where any mess or other institution, organisation or association of officers has been constituted at a station, the Commander may order all the officers at that station or any class of those officers to be members of that mess, institution, organisation or association and to pay such subscriptions as re due by the members thereof.
[Section 11]
PART I
RATES OF PAY FOR OFFICERS OTHER THAN MEDICAL OFFICERS, DENTAL OFFICERS, LEGAL OFFICERS AND CHAPLAINS
Rank | Year of service in rank> | >Rate Per annum K |
4,492,500 |
||
3,780,000 |
||
First Year | 3,151,575 |
|
Second Year | ||
Third Year | ||
Fourth Year and subsequent years | ||
First Year | 2,835,000 |
|
| ||
Third Year and subsequent Years | ||
First Year | 2,348,325 |
|
Second Year | ||
Third Year | ||
Fourth Year | ||
Fifth Year | ||
Sixth Year and subsequent Years | ||
First Year | 2,159,550 |
|
Second Year | 2,220,750 |
|
Third Year | 2.286.900 |
|
Fourth Year | 2,348,32 |
|
Fifth Year | 2,409,7502 |
|
Sixth Year | 2.475.9002 |
|
Seventh Year and subsequent Years | ||
First Year | 1,578,150 |
|
Second Year | 1,639,800 |
|
Third Year | 1,701,000 |
|
Fourth Year | 1,767,150 |
|
Fifth Year | 1,828,800 |
|
Sixth Year | 1,890,000 |
|
Seventh Year | 1.956.150 |
|
Eighth Year | ||
Ninth Year and subsequent Years | ||
First Year | 1,181,250 |
|
Second Year and subsequent Years |
PART II
RATES OF PAY FOR MEDICAL OFFICERS, DENTAL OFFICERS, LEGAL OFFICERS AND CHAPLAINS
| ||
|
||
|
|
|
| ||
| ||
|
|
|
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| ||
| 2,310,750 |
|
| 2,271,950 |
|
| ||
| ||
| ||
| ||
Third Year and subsequent Years | 2,868,015 |
|
| ||
| ||
Fourth Year | 3,156,300 |
[Section 14]
RATES OF ACTING ALLOWANCE
PART I
|
|
|
|
PART II
|
|
1. Field Rank |
|
2. Captain or Flight-Lieutenant |
|
[Section 15]
RATES OF FLYING PAY ALLOWANCE
Rank | Rate per day |
1. Air Commodore | 244 |
2. Group Captain | 488 |
3. Wing Commander | 825 |
4. Squadron Leader | 825 |
5. Flight-Lieutenant | 825 |
6. Flying Officer | 675 |
7. Pilot Officer | 600 |
[Section 17]
RATES OF CHILDREN'S ALLOWANCE
Rate of pay of officers per annum | Rate of allowance per annum for first child | Rate of allowance per annum for each additional child |
1. Not exceeding k1,839,000 | k90,000 | k36,000 |
2. k1,788,000 to k1,839,000 | k82,500 | k36,000 |
3. k1,840,500 to k1,890,000 | k75,000 | k36,000 |
4. k1,891,500 to k1,998,000 | k67,500 | k36,000 |
5. k1,999,500 to k2,052,000 | k60,000 | k36,000 |
6. k2053500 to k2,103,000 | k52,500 | k36,000 |
7. k2,104,500 to k2,628,000 | k45,000 | k36,000 |
8. k2629500 to k2,731,500 | k34,500 | k27,000 |
9. k2,733,000 to k2,835,00 | k24,000 | k18,000 |
10. k2,836,500 to k2,940,000 | k12,000 | k9,000 |
11. Exceeding k2,940,000 | NIL | NIL |
[Section 53]
RATES OF FIELD ALLOWANCE
Rank | Rate per day |
| 1. Major or squadron leader or any higher rank | k300 |
| 2. Captain or flight-lieutenant | k338 |
| 3. Lieutenant or flying officer. | k225 |
| 4. Second lieutenant or pilot officer | k225 |
[Section 65]
RATES OF PENSION PAYABLE IN RESPECT OF CHILDREN
1. If the member or person receiving a pension leaves a widow, the pension in respect of his children shall be at the following rates— |
|
For one child | A pension equal to twenty-five per centum of his widow's pension. |
For two children | A pension equal to forth per centum of his widow's pension. |
For three children | A pension equal to fifty per centum of his widow's pension. |
For four children | A pension equal to sixth per centum of his widow's pension. |
For five or more children | A pension equal to sixty-six and two-thirds per centum of his widow's pension: |
Provided that if owing to the death or remarriage of the widow her pension ceases, the pension in respect of the children shall be at the rates prescribed in paragraph. |
|
2. If the member or person receiving a pension leaves no widow, the pension in respect of his children shall be at the following rates- |
|
For two children | A pension equal to fifty per centum of the pension that would have been payable to his widow had he left one. |
For three children | A pension equal to eight per centum of the pension that would have been payable to his widow had he left one. |
For four children | A pension equal to one hundred and twenty per centum of the pension that would have been payable to his widow had he left one. |
For five or more children. | A pension equal to one hundred and thirty-three and one-third per centum of the pension that would have been payable to his widow had he left one. |
DEFENCE FORCE (REGULAR FORCE) (ENLISTMENT AND SERVICE) REGULATIONS
[Section 210]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Recruiting officers
4. Notice paper and attestation paper
5. Method of attestation
6. Corps of Instructors
7. Terms of enlistment
8. Re-engagement
9. Discharge
10. Transfer between units of the Regular Force
11. Warrants
12. Revocation of Part I of Defence (Regular Force) (Members) Regulations, 1962
SI 59 of 1964,
SI 276 of 1966.
[Regulations by the President]
These Regulations may be cited as the Defence Force (Regular Force) (Enlistment and Service) Regulations.
(1) In these Regulations, unless the context otherwise requires—
"Commander" means and includes the Army Commander and the Air Force Commander;
"enlisted" means enlisted to serve in a unit of the Regular Force of the Defence Force and "enlist" shall be construed accordingly;
"officer in charge of records" means the officer or other person whose duty it is to maintain the records of the Army or the officer or other person whose duty it is to maintain the records of the Air Force, as the case may be.
(2) References in these Regulations to military or Army rank include references to the corresponding Air Force rank.
The persons specified in the First Schedule are hereby authorised to act as recruiting officers for the purposes of the Act.
4. Notice paper and attestation paper
(1) The form of notice paper to be given to a person offering to enlist pursuant to section 14 of the act, other than persons offering to enlist in the Corps of Instructors, shall be in Form 1 in the Second Schedule.
(2) The attestation paper which all persons offering to enlist, other than persons enlisting in the Corps of Instructors, shall be required to sign in the presence of a recruiting officer shall be in Form 2 in the Second Schedule.
(1) The recruiting officer shall warn the person to be enlisted that if he knowingly makes any false answers to the questions contained in the attestation paper and put to him he shall be guilty of an offence and liable to be punished as prescribed in the Act.
(2) The recruiting officer shall then read or cause to be read to that person the questions set out in the attestation paper having previously satisfied himself that that person has received the notice paper and understands the questions put to him; the recruiting officer shall ensure that the answers are duly recorded in the attestation paper.
(3) The recruiting officer shall then ask the person to make and sign the declaration set out in the attestation paper as to the truth of his answers and shall administer to him the oath of allegiance set out in the attestation paper:
Provided that if the person objects to being sworn and states as a ground of his objection either that he has no religious belief or that the taking of an oath is contrary to his religious belief, or if it is not reasonably practicable to administer an oath to him in the manner appropriate to his religious belief, the person shall be required to make a solemn affirmation in the form set out in the attestation paper.
(4) Upon signing the declaration and taking the oath, or, as the case may be, making the solemn affirmation, the said person shall become a member of the Regular Force of the Defence Force and subject to the Act.
(5) The recruiting officer shall, by signature, confirm on the attestation paper that the requirements of the Act and of these Regulations have been duly complied with and, in particular, that any consents required by sub-section (2) of section 14 of the Act have been obtained, and shall deliver the attestation paper duly dated to the officer in charge of records, which officer shall, by signing the attestation paper in the appropriate place, signify that the recruit is finally approved for service.
Nothing in these Regulations shall affect persons enlisting in the Corps of Instructors who shall be enlisted and discharged upon such terms and conditions as may be prescribed from time to time.
(1) The terms of service for which in accordance with sub-section (2) of section 15 of the Act a person who has apparently attained the age of 18 years may be enlisted shall be a term beginning with the date of his attestation and ending with the expiration of a period of 12 years therefrom, being as to a term of 7 years' service in the Regular Force, and as to the remainder a term of service in the Reserve Force:
Provided that such person who enlists in and is accepted for service as a member of aircrew in the Air Force shall be enlisted for a term of eight years in the Regular Force and four years in the Reserve Force.
(2) The term of service for which in accordance with sub-section (3) of section 15 of the Act a person who has not apparently attained the age of 18 years may be enlisted shall be a term ending with the expiration of a period of 12 years, beginning with the date on which he attains the apparent age of 18 years, being as to a term of 7 years' service in the Regular Force, and as to the remainder a term of service in the Reserve Force:
Provided that such person who enlists in and is accepted for service as a member of aircrew in the Air Force shall be enlisted for a term of eight years in the Regular Force and four years in the Reserve Force.
(1) A soldier may, on completion of seven years' service in the Regular Force, as provided in regulation 7, or within one year before completing such service, apply to be re-engaged for a further period of continuous service in the Regular Force in accordance with the provisions of section 16 of the Act.
(2) A soldier who has been re-engaged for continuous service in the Regular Force may, at any time after the commencement of such re-engagement, terminate his service in the Regular Force by giving to the Commander three months' notice in writing of his intention so to terminate:
Provided that if such notice is given during a state of war, insurrection, hostilities or public emergency, he may be retained in the Regular Force in accordance with the provisions of section 17 of the Act.
(3) A soldier who has been re-engaged for continuous service in the Regular Force and who terminates such service as provided in sub-regulation (2), shall be liable to serve in the Reserve Force until he reaches the age of 45 years.
(4) Subject to the provisions of sub-regulations (5) and (6), a non-commissioned officer or private soldier who has been re-engaged for service in the Regular Force under the provisions of this regulation shall retire from the Regular Force on reaching the age of 45 years.
(5) Notwithstanding the provisions of sub-regulation (4), the President may, in his discretion, permit a non-commissioned officer or private soldier who has been re-engaged for service in the Regular Force to continue to serve in the Regular Force after reaching the age of 45 years for further periods, not exceeding 2 years at a time, until he has reached the age of 55 years.
(6) Notwithstanding the provisions of sub-regulation (4), the Commander may, in his discretion, permit a non-commissioned officer or private soldier who has been re-engaged for service in the Regular Force-
(a) to retire from the Regular Force upon completing 20 years' service in the Regular Force and provided he has reached the age of 40 years; or
(b) to continue to serve in the Regular Force after reaching the age of 55 years for further periods, not exceeding one year at a time, until he has reached the age of 50 years and provided he is serving and will continue to serve throughout such further periods of continuous service in a non-combatant post.
(7) Subject to the provisions of sub-regulation (8), a warrant officer who has been re-engaged for service in the Regular Force under the provisions of this regulation shall retire from the Regular Force on reaching the age of 50 years.
(8) Notwithstanding the provisions of sub-regulation (7), the President may, in his discretion, permit a warrant officer who has been re-engaged for service in the Regular Force-
(a) to retire from the Regular Force upon completing 25 years' service in the Regular Force and provided he has reached the age of 45 years; or
(b) to continue to serve in the Regular Force after reaching the age of 50 years for further periods, not exceeding one year at a time, until he has reached the age of 55 years.
(1) Subject to the provisions of sub-section (2) of section 22 of the Act and notwithstanding the provisions of regulation 7, a soldier shall be entitled to claim his discharge from the Regular Force-
(a) at any time within three months after the date of his first attestation upon payment of a sum which shall be fixed by the Commander, but which shall not exceed forty kwacha; or
(b) at any time after he has completed three months' service in the Regular Force from the date of his first attestation, with the consent of the Commander, upon payment of one-half of one month's pay for each whole year of service with the Regular Force then remaining uncompleted.
(2) A soldier who is discharged from the Regular Force under the provisions of paragraph (b) of sub-regulation (1) and who has completed one year's service in the Regular Force shall be liable to serve in the Reserve Force for a period of five years to which shall be added the total of his service in the Regular Force remaining uncompleted at the time of his discharge.
(3) A soldier may be discharged from the Regular Force at any time during his service in such Force upon any of the grounds set out in column 1 of the Third Schedule, subject to the Special Instruction appearing opposite thereto in column 2 of the said Schedule, and, for the purposes of section 21 of the Act, the person specified opposite thereto in column 3 of the said Schedule shall be the competent military authority for the purpose specified in column 1 thereof.
(4) A soldier who is discharged under the provisions of this regulation shall be issued with a certificate of discharge signed by his commanding officer.
(5) The certificate of discharge to be issued to a soldier who is discharged shall be in Form 3 in the Second Schedule.
10. Transfer between units of the Regular Force
A soldier who is enlisted under the Act and appointed by the officer in charge of records to a unit may be transferred to another unit by order of the said officer.
Every soldier who is promoted to the rank of warrant officer shall be issued with a warrant in the form set out in the Fourth Schedule, duly signed by the Army Commander or the Air Force Commander, as the case may be.
12. Revocation of Part I of Defence (Regular Force) (Members) Regulations, 1962
Part I of the Defence (Regular Force) (Members) Regulations, 1962, is hereby revoked.
[Regulation 3]
RECRUITING OFFICERS
All officers of the Regular Force;
The High Commissioner for Zambia in London.
PRESCRIBED FORMS
FORM 1
[Regulation 4(1)]
ZAMBIA DEFENCE FORCE
NOTICE PAPER
1. This notice is to be given to a person when he offers to enlist in the Regular Force otherwise than as a member of the Corps of Instructors.
2. This notice sets out the information which you will be required to give to the recruiting officer who will attest you for service in the Regular Force; it also sets out the general conditions of engagement;
3. Under the provisions of the Defence Act, if a person knowingly makes a false answer to any question contained in an attestation paper he shall be guilty of an offence against the Act and liable to the penalty prescribed therein.
| QUESTIONS TO BE PUT TO AND INFORMATION TO BE GIVEN BY THE RECRUIT BEFORE ATTESTATION A* B* 1. What is your name? ............................. 1. (a) Surname ............................. (b) Christian names Son of 2.What is your age? years (c) Address ............................. 3. What is the name of your............................. (a) Tribe? ...................................... 2. Date and place of birth (b) Chief?............................ (c) District? (Copy of birth certificate to be (d) Village? produced) 4.(a) What is the name of your next of kins. Name and address of next of kin and his/her relationship to you? ................... Relationship 4. Father: (b) What is his/her- Names (i) Chief?...............................Address (ii) District?............................... (iii) Village? ...............................Place of birth Mother: Names Address Place of birth |
| *Answer A or B as appropriate. 5. What is your religion? 6. Education: (a)At what schools were you educated? Dates Schools Standards passed (b) Post-school education: Dates Institution Qualifications 7. Trade or professional qualifications, if any: 8. Occupation since leaving school: Dates Occupation Employer Reason for leaving 9. Present occupation 10. Name and address of employer 11. (a) Are you married or single? (b) Children: Date of birth Sex Names (c) Date of marriage 12..Have you served in the armed forces of this or any other territory or in any police force?..................................... If so, state Force or unit Date Nature of duty Rank attained Number 13.. Are you free from debt? If not, list your creditors hereunder: Name and address of creditor Amount of debt 14.Have you been convicted of any criminal offence in any court of criminal jurisdiction? If so, give the following information: Name Date of convicted Offence Sentence sentence Court under |
15. Do you wish to enlist in the Army/Air Force? (Delete whichever is not applicable.)
16. Do you understand that though you will be appointed to a particular unit, you will be liable at any time to be transferred to any other unit if it becomes necessary?
17. (a) Have you received a Notice Paper stating the liabilities you are incurring by enlisting?
(b) Do you understand and are you willing to accept these liabilities?
18. *Are you willing to serve in the Regular Force, provided your services shall continue to be required, for-
(a) a term of seven years with the Regular Force; and
(b) a term of five years with the Reserve Force? or
*in the case only of persons enlisting in the Air Force as members of aircrew, for-
(a) a term of eight years with the Regular Force; and
(b) a term of four years with the Reserve Force? or
*if you have not apparently attained the age of 18 years are you willing to serve in the Regular Force for the period from your date of attestation up to the date on which you apparently attain that age and thereafter for—
(a) a term of seven years with the Regular Force; and
(b) a term of five years with the Reserve Force? or
*in the case only of persons enlisting in the Air Force as members of aircrew, for—
(a) a term of eight years with the Regular Force; and
(b) a term of four years with the Reserve Force?
* Delete whichever is inapplicable.
NOTE.-A recruit who is unable positively to state his age must complete form "Certificate of Assumed Date of Birth" which he shall receive from the recruiting officer.
GENERAL CONDITIONS OF ENGAGEMENT
1. You will be required to serve as a soldier in the Regular Force for such time as is agreed on attestation, provided your services shall continue to be required.
2. You will be required to carry out the duties ordered by those in authority over you and no claim can be considered at any time that you were enlisted for the performance of any special duties or with the right to be trained in any particular trade. The possibility of employment in a trade depends on the passing of the specified trade test and the existence of a vacancy in that trade.
3. During the period of your engagement you may be discharged from the Regular Force for any of the reasons prescribed in the Third Schedule to the Defence Force (Regular Force) (Enlistment and Service) Regulations.
4. During the last year of your service in the Regular Force you may be allowed, with the approval of the competent military authority, to apply for re-engagement for such further period of service in the Regular Force as may be provided.
5. You may be ordered to serve with any unit of the Regular Force both within and without Zambia and may be attached to other military forces but if you have enlisted in the Air Force you will not normally be ordered to serve with the Army and if you have enlisted in the Army you will not normally be ordered to serve with the Air Force.
6. When you have been enlisted, you will be subject to all the provisions of the Defence Act and to any rules, regulations, orders or instructions made thereunder for the time being in force.
7. If, at the time you become eligible to be transferred to the Reserve Force or discharged from service in the Regular Force, a state of war, insurrection, hostilities or public emergency exists, your service will be prolonged for such additional periods as may be ordered.
8. If you are to be enlisted as a catechist, you will not be required to perform any combatant duties or to carry arms.
9. A person enlisting as a catechist will, on attestation, be promoted to the rank of ..................................... and a person enlisting as an education instructor will, on attestation, be promoted to the rank of ................
[As amended by No. 276 of 1966]
FORM 2
[Regulation 4(2)]
ZAMBIA DEFENCE FORCE ATTESTATION PAPER
| Army/Air Force No. ...............................Term of engagement: ........................................................... (a) years with Age.......................................the Regular Force from ...................... , 20 ...... and years with the Reserve Force; or *(b) From , 20...... until attaining the apparent age of eighteen years on and then ................................ years with the Regular Force and years with the Reserve Force. * Applicable only to persons who have not attained the apparent age of eighteen years. |
| QUESTIONS TO BE PUT TO AND INFORMATION TO BE GIVEN BY THE RECRUIT BEFORE ATTESTATION Under the provisions of the Defence Act, if a person knowingly makes a false answer to any of the questions contained in the Attestation Paper he renders himself liable to punishment. A* B* 1.What is your name? ...................................1. (a) Surname. ......................................................................... (b) Christian names Son of .................... 2.What is your age? .................... years (c) Address 3.What is the name of your.......................2. Date and place of birth (a) Tribe? ................................... (b) Chief? ......................................... 3. Name and address of next of kin (c) District? .................................... (d) Village? ................................................................ Relationship 4.(a) What is the name of your next of kin 4. Father: and his/her relationship to you?............ Names Address (b) What is his/her Place of birth (i) Chief? .................Mother: (ii) District? .........................Names (iii) Village? ..........................Address Place of birth {mprestriction ids="2,3,5"} |
| * Answer A or B as appropriate. 5.What is your religion? 6. Education: (a) At what schools were you educated? Dates Schools Standards passed (b) Post-school education: Dates Institutions Qualifications 7. Trade or professional qualifications, if any: 8 Occupation since leaving school: Dates Occupation Employer Reason for leaving 9. Present occupation................ 10. Name and address of employer 11. (a) Are you married or single? (b) Children: Date of birth Sex Names (c) Date of marriage 12. Have you served in the armed forces of this or any other territory or in any police force? If so, state Force or unit Date Nature of duty Rank attained Number 13. Are you free from debt? If not, list your creditors hereunder: Name and address of creditor Amount of debt 14. Have you been convicted of any criminal offence in any court of criminal jurisdiction? If so, give the following information: Name Date of convicted Offence Sentence sentence Court under 15. Do you wish to enlist in the Army/Air Force? (Delete whichever is not applicable.) 16. Do you understand that though you will be appointed to a particular unit, you will be liable at any time to be transferred to any other unit if it becomes necessary? 17. (a) Have you received a Notice Paper stating the liabilities you are incurring by enlisting? (b) Do you understand and are you willing to accept these liabilities? 18. *|Are you willing to serve in the Regular Force, provided your service shall continue to be required, for (a) a term of seven years with the Regular Force; and (b) a term of five years with the Reserve Force? or *in the case only of persons enlisting in the Air Force as members of aircrew, for (a) a term of eight years with the Regular Force; and (b) a term of four years with the Reserve Force? or *if you have not apparently attained the age of eighteen years are you willing to serve in the Regular Force for the period from your date of attestation up to the date on which you apparently attain that age and thereafter for (a) a term of seven years with the Regular Force; and (b) a term of five years with the Reserve Force? or *in the case only of persons enlisting in the Air Force as members of aircrew, for (a) a term of eight years with the Regular Force; and (b) a term of four years with the Reserve Force? |
| * Delete whichever is inapplicable. NOTE.-A recruit who is unable positively to state his age must complete form "Certificate of Assumed Date of Birth" which he shall receive from the recruiting officer. |
| DECLARATION *I, ................................................................... , son of *I,..................................................................... (surname) ....................................... (Christian names), do hereby solemnly declare that the answers made by me to the foregoing questions are true and that I am willing to fulfil the engagement made. Date ....................................................................................... . |
| Signature or thumbprint of recruit Signature of witness .................................. |
| Oath/Solemn Affirmation to be taken by Recruit on Attestation *I, ..................................................................., son of *I, .............................................................. (surname) .................................................. (Christian names) *swear by Almighty God/ *do solemnly and sincerely declare that I will be faithful and bear true allegiance to the President of the Republic of Zambia, and that I will, as in duty bound, honestly and faithfully preserve, protect and defend the President and the Republic against all enemies, and will observe and obey all orders of the President, and of the officer set over me. (NOTE.-The oath will be sworn/affirmation will be made in a language understood by the recruit on the Bible or in such other manner as he may declare most binding on his conscience.) |
| CERTIFICATE OF RECRUITING OFFICER *(a) The provisions of section 14(2) of the Defence Act have been observed; (b) the recruit named above was warned by me that if he knowingly made any false answer to any of the foregoing questions he would be guilty of an offence and liable to be punished as prescribed in the Defence Act; (c) the foregoing questions were then read to the recruit in my presence in a language which he understands; (d) I have taken care that he understands each question, and that his answer to each question has been duly recorded; *(e) the said recruit has made and signed the declaration and taken the oath/made a solemn affirmation before me at on this .......................... day of ............................. , 20 ....... |
| Signature of Recruiting Officer Rank |
| * Delete if not applicable. |
| CERTIFICATE OF MEDICAL EXAMINATION I have today examined in accordance with current instructions and certify that *(a) he is fit in all respects for military service; *(b) he is unfit for military service; and *(c) he is of the apparent age of ....................... years ................... months. |
| Signature of Medical Officer Date ...................................... |
| * Delete as applicable. |
| FINAL APPROVAL I finally approve the enlistment of the above-named soldier and appoint him to |
| Officer in charge of *Army/Air Force Records Date Place |
| * Delete as applicable. [As amended by No. 276 of 2066]> |
FORM 3
[>Regulation 9]
ZAMBIA DEFENCE FORCE>
CERTIFICATE OF DISCHARGE
| 1. Army/Air Force No. ....................................... 2. Surname 3. Christian or fore-names 4. Place and date of enlistment or commencement of service 5. Unit into which enlisted or to which first appointed 6. Assessment of conduct and character on leaving service in the Regular Force 7. Date of transfer to the Reserve Force 8. Rank or appointment on transfer to the Reserve Force 9. Cause of transfer to Reserve Force 10. Unit from which transferred to Reserve Force. 11. Rank or appointment on discharge 12. Cause of discharge 13. Unit from which discharged 14. Service in the Regular Force and with the Reserve Force (if any) on date of discharge 15. Total service on discharge 16. Trade or other qualifications |
| Signature and rank of issuing officer Date ...................................... |
[Regulation 9(3)]
GROUNDS FOR DISCHARGE
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(ii) Having been improper attested. | (ii) Applies only to a case in which the provisions of these Regulations have been improperly or incorrectly complied with. | (ii) Commanding Officer, if of field rank, whom failing, the Commander. |
(iii) Having made a false answer on attestation. |
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(iv) Having made a false answer as to his age in his attestation paper. |
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(vii) At his own request on payment under section 22 of the Act. |
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(viii) Free, on compassionate serial passionate grounds. |
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[Regulation 11]
WARRANT
To: By virtue of the Authority in me vested by the provisions of the Defence Act and regulations made thereunder. I Do Hereby Appoint you the said to be a Warrant Officer, Class ....................... in the of the Defence Force from the day of ............................ ., 20 ....... You are, therefore, carefully and diligently to discharge your duty as such by doing and performing all manner of things thereunto belonging, as required by the said Defence Act and regulations made thereunder, and you are to observe and follow such Orders and Directions as you shall receive from your Commanding or any other your superior Officer. Given under my hand at this ...................................................................... day of 20 .......... Commander. Warrant Officer Class |
DEFENCE FORCE (SUMMARY JURISDICTION) REGULATIONS
[Section 210]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Commanding officer when more than one unit is placed under command of one officer
4. Delegation of his powers by commanding officer
5. Status of officer to whom commanding officer has delegated his powers
6. Charges with which commanding officer may deal summarily
7. Restriction on powers of punishment of commanding officers
8. Limitation of punishment of acting ranks, etc.
9. Limitation of powers of commanding officers below field rank
10. Limitation of powers of detachment commanders below field rank
11. Powers of subordinate commanders
12. Charges with which appropriate superior authority may deal summarily
13. Limitation of power of punishment of appropriate superior authority
14. Reduction in rank of non-commissioned officers by order following conviction in summary proceedings
15. Revocation of Parts III and IV of Defence Forces (Discipline) Regulations, 1956
SI 60 of 1964,
Act 13 of 1994.
[Regulations by the President]
These Regulations may be cited as the Defence Force (Summary Jurisdiction) Regulations.
In these Regulations, unless the context otherwise requires-
"subordinate commander" means the officer commanding a squadron, company or equivalent sub-unit.
3. Commanding officer when more than one unit is placed under command of one officer
When a unit or a detachment is placed for disciplinary purposes under the command of the commanding officer of another unit or detachment, that officer is the commanding officer of a member of the unit or detachment so placed under his command who is charged with an offence, and the officer commanding the latter unit or detachment is a subordinate commander for the purposes of these Regulations.
4. Delegation of his powers by commanding officer
(1) Subject to regulation 11, a commanding officer may delegate to a subordinate commander, whatever his rank may be, who is under his command and directly responsible to him in disciplinary matters, the power to investigate and deal summarily with charges with which he himself may so deal:
Provided that such delegation shall not include-
(i) the power to remand the accused for trial by court-martial; and
(ii) the power to order the taking of a summary of evidence or the making of an abstract of evidence.
(2) When a commanding officer delegates the power to investigate and deal summarily with charges in accordance with sub-regulation (1), he may, in addition to the restrictions imposed by the said regulation 11, impose such further restrictions as seem to him to be proper upon the exercise of that power by the officer to whom it is delegated.
5. Status of officer to whom commanding officer has delegated his powers
An officer who has had delegated to him by his commanding officer under regulation 4(1) power to investigate and deal summarily with charges is, while exercising such power in respect of any person, the commanding officer of that person for the purposes of the Act.
6. Charges with which commanding officer may deal summarily
A commanding officer may deal summarily with a charge under any of the following sections of the Act.
34; 35(c); 38; 39(2); 40; 41; 43; 44; 45; 46; 47(1)(a); 48; 49(1)(a) (where the subject-matter does not exceed in value three hundred fee units); 49(1)(c); 49(1)(d); 49(2); 50(a) (where the subject-matter does not exceed in value twenty kwacha); 50(c); 51; 55; 58; 59(2); 60; 61; 64; 65; 66(a); 66(b); 68(b); 71 (where the principal offence can be dealt with summarily by virtue of this regulation); 72 and 73 (where the civil offence is one which is specified in the Schedule).
[As amended by Act 13 of 1994.]
7. Restriction on powers of punishment of commanding officers
A commanding officer shall not award-
(a) punishment of detention where the charge is laid under section 73 of the Act, and the civil offence is one of those referred to in item (2), (3) or (4) of the Schedule;
(b) the punishment of stoppages exceeding six hundred penalty units without permission from higher authority.
[As amended by Act 13 of 1994.]
8. Limitation of punishment of acting ranks, etc.
(1) After a lance-corporal has been reduced to the ranks in accordance with sub-section (4) of section 81 of the Act, his commanding officer shall not, without permission of higher authority, award him any punishment in respect of an offence which he had committed before he was so reduced.
(2) After an acting warrant officer or acting non-commissioned officer has been reverted to his permanent rank or ordered to assume an acting rank lower than that held by him but higher than his permanent rank in accordance with sub-section (5) of section 81 of the Act, his commanding officer shall not, without permission of higher authority, award him any punishment in respect of an offence which he has committed before he was so reverted, or, as the case may be, ordered to assume a lower acting rank.
9. Limitation of powers of commanding officers below field rank
A commanding officer who is below field rank shall not, without permission of higher authority, award detention or field punishment for a period exceeding seven days or a fine exceeding the equivalent of seven day's pay.
10. Limitation of powers of detachment commanders below field rank
(1) When the officer commanding a detachment is below field rank, he may be restricted from exercising all or any of his powers as a commanding officer either by the officer commanding the unit to which the detachment belongs, if such unit is in the same command, or by higher authority, if it appears necessary to do so, having regard to the rank and experience of the officer commanding the detachment.
(2) Where an officer commanding a detachment has had his powers restricted in accordance with sub-regulation (1), he may, notwithstanding his restriction, exercise his full powers as a commanding officer if it becomes necessary for him to do so for the maintenance of discipline, but if he does so use his full powers he shall immediately report his action to the officer or higher authority who restricted him from exercising his full powers under the said sub-regulation (1).
11. Powers of subordinate commanders
(1) A subordinate commander to whom power to investigate and deal summarily with charges has been delegated under regulation 4(1) shall not award a punishment against a non-commissioned officer above the rank of corporal.
(2) Subject to any restriction which may be imposed by the commanding officer under regulation 4(2), a subordinate commander may award the following punishments:
(a) if the accused is a non-commissioned officer below the rank of sergeant—
(i) a fine of a sum not exceeding the equivalent of seven days' pay;
(ii) reprimand or admonition;
(iii) where the offence has occasioned any expense, loss or damage, stoppages not exceeding three hundred penalty units;
(b) if the accused is a private soldier—
(i) a fine of a sum not exceeding the equivalent of seven days' pay;
(ii) where the offence has occasioned any expense, loss or damage, stoppages not exceeding twenty kwacha;
(iii) confinement to barracks for a period not exceeding seven days;
(iv) extra guards or pickets;
(v) admonition.
[As amended by Act 13 of 1994.]
12. Charges with which appropriate superior authority may deal summarily
An appropriate superior authority may deal summarily with a charge against an officer or warrant officer under any of the following sections of the Act:
34; 35(c); 38; 39(2); 40; 41; 43; 44; 45; 46; 47(1)(a); 48; 49(1)(a) (where the subject-matter does not exceed in value twenty kwacha); 50(c); 51; 55; 58; 59(2); 60; 61; 64; 65; 66(a); 666(b); 71 (where the principal offence can be dealt with summarily by virtue of this regulation); 72 and 73 (where the civil offence is one which is specified in the Schedule).
13. Limitation of power of punishment of appropriate superior authority
An appropriate superior authority shall not award the punishment of stoppages exceeding three thousand penalty units.
[As amended by Act 13 of 1994.]
14. Reduction in rank of non-commissioned officers by order following conviction in summary proceedings
Notwithstanding any other provision of these Regulations, where a charge against a non-commissioned officer of the Regular Force has been dealt with summarily by his commanding officer under the provisions of section 81 of the Act and such commanding officer has recorded a finding of guilty in respect of such charge, an officer not below the rank of colonel may, whether in addition to or in lieu of any punishment which may have been awarded by such commanding officer, order that such non-commissioned officer shall be reduced to the ranks or to any less reduction in rank.
15. Revocation of Parts III and IV of Defence Forces (Discipline) Regulation, 1956
Parts III and IV of the Defence Forces (Discipline) Regulations, 1956, are hereby revoked.
[Regulations 6 and 12]
TABLE OF CIVIL OFFENCES WHICH MAY BE DEALT WITH SUMMARILY BY COMMANDING OFFICERS AND APPROPRIATE SUPERIOR AUTHORITIES
1. Theft, where the subject-matter does not exceed in value K20.> | Cap. 87> |
2. Common assault contrary to section 247 of the Penal Code. | Cap. 464> |
3. Careless driving of a motor vehicle contrary to section 195 of the Roads and Road Traffic Act. | Cap. 464> |
4. Reckless and dangerous driving of a bicycle or tricycle, not being a motor vehicle, contrary to section 196 as read with section 225 of the Roads and Road Traffic Act. | Cap. 464> |
5. Careless driving of a bicycle or tricycle, not being a motor vehicle, contrary to section 195 as read with section 225 of the Roads and Road Traffic Act. | Cap. 464> |
6. Taking and driving away a motor vehicle without the owners' consent or other lawful authority contrary to section 229(3) of the Roads and Road Traffic Act. | Cap. 464> |
DEFENCE FORCE (BOARDS OF INQUIRY) RULES
[Section 133]
Arrangement of Rules
Rule
1. Title
2. Interpretation
3. Duties of boards
4. Matters for reference to boards
5. Deferring and staying of proceedings
6. Convening
7. Constitution
8. Assembly and procedure
9. Adjournment and reassembly
10. Witnesses
11. Persons who may be affected by the findings
12. Evidence
13. Oaths and affirmations
14. Exhibits
15. Record of proceedings
16. Entries of reports in service books
17. Free copy of proceedings
18. Revocation of Part V of Defence Forces (Discipline) Regulations, 1956
[Rules by the President]
SI 61 of 1964.
These Rules may be cited as the Defence Force (Boards of Inquiry) Rules.
In these Rules, unless the context otherwise requires-
"the authority", in relation to a board, means any Army or Air Force officer empowered by or under these Rules to convene a board;
"board" means board of inquiry;
"civilian witness" means a person who gives evidence before a board and includes a person to whom sub-section (1) of section 207 of the Act applies, and a civilian who is subject to service law under the Acts;
"president" means president of a board;
"record of the proceedings", in relation to a board, includes the report of the board and any declaration or recommendation made, or opinion expressed, by the board in accordance with any directions given by the authority;
"represented" means represented by an officer or by counsel (which means any practitioner as defined in section 2 of the Legal Practitioners Act) and includes, in the case of a civilian employee in the service of the Government, representation by such person's trade union or staff association representative; and "representative" shall be construed accordingly.
It shall be the duty of a board to investigate and report on the facts relating to any matter referred to the board under these Rules and, if directed so to do, to make such declaration or recommendation and to express their opinion on any question arising out of any such matter.
4. Matters for reference to boards
(1) Subject to the provisions of these Rules, a board shall be convened with reference to-
(a) the absence of any person subject to military law under the Act who has been continually absent without leave for a period of not less than 21 days and the deficiency (if any) in the clothing, arms, ammunition or other equipment or any other public or service property issued to him for his use, and, if satisfied that such member has absented himself without leave or other sufficient cause, the board shall make a declaration in the form prescribed in the Schedule;
(b) the capture of any person subject to military law under the Act by the enemy and his conduct in captivity if, on his return from captivity, the authority considers that there are reasonable grounds for suspecting-
(i) that he was made a prisoner of war through disobedience to orders or wilful neglect of his duty; or
(ii) that having been made a prisoner of war he failed to take any reasonable steps available to him to rejoin the Defence Force; or
(iii) that having been made a prisoner of war he served with or aided the enemy in the prosecution of hostilities or measures calculated to influence morale or in any other manner whatsoever not authorised by international usage; and
(c) the death of any person where an inquiry into the death is not required to be held by any civil authority.
(2) Subject to the provisions of these Rules, a board may be convened with reference to any matter which the authority decides to refer to a board.
5. Deferring and staying of proceedings
(1) Subject to sub-rule (2), where any matter is the subject of investigation under service law or by a civil authority, or of an inquiry under service law, or of proceedings under service law, or of proceedings in a civil court whether within or without Zambia, and-
(a) a board has not been convened with reference thereto, the authority may defer the convening of a board until the completion of such investigation or proceedings as aforesaid and upon completion thereof shall not be required to convene a board, if satisfied that a board is not necessary; or
(b) a board has already been convened with reference thereto, the authority may stay the proceedings of the board until such investigation or proceedings as aforesaid have been completed and shall then dissolve the board, if satisfied that a board is not necessary.
(2) The provisions of sub-rule (1) shall not apply to the convening of a board with reference to such absence and such deficiency (if any) as are mentioned in rule 4(1)(a), but, where the authority is satisfied that the absence has terminated, or where the absentee is attached to the United Kingdom Military or Air Forces and the authority is satisfied that an inquiry into the absence is being or will be held under service law, and-
(a) a board has not yet been convened with reference to the absence and deficiency (if any), the authority shall not be required to convene a board; or
(b) a board has already been convened with reference thereto, the authority may forthwith dissolve the board.
(1) A board of inquiry may be convened by order of-
(a) any officer not below the rank of colonel; or
(b) any officer who is acting for the time being in place of such an officer; or
(c) any officer commanding a unit or detachment of the Defence Force-
(i) with reference to such absence and such deficiency (if any) as are mentioned in rule 4(1)(a);
(ii) if authorised by any such officer as is mentioned in paragraph (a), (b), or (c), with reference to any particular matter or to matters of any specified class or description.
(2) The following provisions shall apply in relation to the order convening a board:
(a) the order shall specify the composition of the board and the place and time at which the board shall assemble;
(b) the order shall specify the terms of reference of the board, and where the matter referred to the board is that mentioned in rule 4(1)(a), it shall be published in military orders;
(c) the order may direct the board to make a declaration or recommendation and express their opinion on any question arising out of any matter referred to the board; and
(d) the authority may at any time revoke, vary or suspend the order.
(1) Subject to sub-rule (2), a board shall consist of a president who shall be an officer subject to service law not below the rank of lieutenant. In addition, such officers or warrant officers subject to service law may be appointed as members of the board as the authority convening the board may determine.
(2) Where a board is convened with reference to such absence and deficiency (if any) as are mentioned in rule 4(1)(a), the board shall consist of a president who shall be an officer not below the rank of captain subject to service law, and two members subject to service law one of whom may be a warrant officer.
(3) The authority shall appoint the president by name and each member of the board (if any), either by name or by detailing a commanding officer to appoint from persons under his command an officer of a specified rank or warrant officer.
(1) A board shall assemble at the time and place specified in the order convening the board.
(2) The president shall lay the terms of reference before the board and the board shall proceed to hear and record evidence in accordance with the provisions of these Rules.
(1) The president may from time to time adjourn the board which shall sit on such occasions and in such places as he may from time to time direct.
(2) Without prejudice to sub-rule (1), the authority may at any time, if it appears necessary or desirable, direct that the board shall reassemble for such purpose or purposes as may be specified by the authority.
(1) A board shall hear the evidence of the witnesses who have been made available by the authority and may hear the evidence of such other persons as they think fit.
(2) While a civilian witness is giving evidence before a board he may be represented, but, subject to the provisions of rule 11, his representative shall not be entitled to be present at any other time.
(3) A civilian witness shall be entitled to receive the same allowance as a witness who appears before the High Court as a witness in criminal proceedings.
11. Persons who may be affected by the findings
(1) Where it appears to the authority or, if a board has been convened, either to the authority or to the president that any witness or other person, being a witness or other person subject to service law, may be affected by the findings of the board, the authority or, as the case may be, the president shall take such steps as are in his view reasonable and necessary to secure that such witness or other person has notice of the proceedings and, if he so desires, has an opportunity of being present and represented, at the sittings of the board, or at such part thereof as the authority or, as the case may be, the president may specify.
(2) Any such witness or other person as is referred to in sub-rule (1) may give evidence, question witnesses or produce any witness to give evidence on the matters which may affect him and, if he is represented, his representative may question witnesses, but a representative shall not address the board except with the permission of the president.
(3) This rule shall also apply to a witness or other person who, though not subject to service law, is in the service of the Government and may be affected in his character or professional reputation by the findings of the board.
(4) If any such witness or other person as is referred to in sub-rules (1) and (3) does not avail himself of his right to be present or to be represented at the sittings of the board, the president of the board may, and shall if requested by such person as aforesaid, ensure that, upon the conclusion of the proceedings of the board, such person as aforesaid is supplied with a copy of the record of the proceedings before such record is forwarded to the authority who convened the board, and in such event the president shall request such person as aforesaid to furnish his comments in writing thereon within a reasonable time fixed by the president. Such comments shall be attached to the record of proceedings.
A board may receive any evidence which they consider relevant to the matter referred to the board, whether oral or written, and whether or not it would be admissible in a civil court.
(1) Subject to sub-rule (3), every witness before a board shall be examined on oath:
Provided that where any child of tender years called as a witness does not in the opinion of the board understand the nature of an oath, his evidence may be received, though not given on oath, if in the opinion of the board he is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth.
(2) Subject to sub-rule (3), an oath shall be administered to any person in attendance on a board as interpreter.
(3) If-
(a) a person objects to taking an oath, and states as the ground of his objection either that he has no religious belief or that the taking of an oath is contrary to his religious belief; or
(b) it is not reasonably practicable without inconvenience or without delaying the proceedings to administer an oath to a person in the manner appropriate to his religious belief;
he shall be permitted to make a solemn affirmation instead of taking an oath.
(4) An oath shall be administered, or an affirmation made, before a board in the form and manner prescribed by the Defence Force (Procedure) Rules.
(1) Subject to sub-rule (2), any document or thing produced to a board by a witness when giving his evidence shall be made an exhibit.
(2) When an original document or book is produced to a board by a witness, the board may at the request of the witness compare a copy of it or an extract therefrom of the relevant parts with the original and, after they have satisfied themselves that such copy or extract is correct and the president has certified thereon that the board has compared it with the original and found it correct, the board may return the document or book to the witness and attach the copy or extract to the record of the proceedings as an exhibit.
(3) Every exhibit shall-
(a) be marked with a number or letter and be signed by the president or have a label affixed to it bearing a number or letter and the signature of the president;
(b) be attached to or kept with the record of the proceedings unless, in the opinion of the board, it is not expedient to attach it to or keep it with the record.
(4) When an exhibit is not attached to or kept with the record of the proceedings under paragraph (b) of sub-rule (3), the president shall ensure that proper steps are taken for its safe custody.
(1) The president shall record, or cause to be recorded, the proceedings of the board in writing and in sufficient detail to enable the authority to follow the course of the proceedings.
(2) Where there is no shorthand writer present, the evidence shall be taken down in narrative form recording as nearly as possible the words used:
Provided that, if the board consider it necessary, any particular question and answer shall be taken down verbatim.
(3) The evidence of each witness, as soon as it has been taken down in accordance with sub-rule (2), shall be read over to him and shall be signed by him
(4) A record of the proceedings shall be signed by the president and other members of the board and forwarded to the authority.
16. Entries of reports in service books
Where a board reports that a person subject to military law has been absent without leave or other sufficient cause for a period specified in the report, not being less than 21 days, and that there is deficiency in any clothing, arms, ammunition or other equipment or any other public or service property issued to him for his use, a record of the report of such deficiency shall, in addition to a record of the report of such absence required under sub-section (1) of section 125 of the Act, be entered in the service books.
A person remanded for trial by court-martial in respect of any matter which has been investigated by a board shall be entitled to a free copy of the record of the proceedings of the board, but not including any report, declaration, opinion or recommendation made therein.
18. Revocation of Part V of Defence Forces (Discipline)Regulations, 1956
Part V of the Defence Forces (Discipline) Regulations, 1956, is hereby revoked.
[Rule 4]
DECLARATION REQUIRED BY RULE 4 OF THE DEFENCE FORCE (BOARDS OF INQUIRY) RULES
The Board declare that ........................................... (number, rank, name and unit) illegally absented himself without leave (or other sufficient cause) at .................................................... (station or place) on the day of , 20 ........, that he is still so absent, and that on the .......................................................... (date on which the inventory of kit was taken) he was deficient, and that he is still deficient of the following articles ............................................................................................ (itemise specific articles of clothing, equipment, etc., and the value thereof):>
Names of President and Members ..............................................................................................................................
......................................>
President
..........................................>
members>
Date .......................... , 20......>
DEFENCE FORCE (PROCEDURE) RULES
[Section 131]
Arrangement of Rules
Rule
PART I
PRELIMINARY
1. Title
2. Interpretation
PART II
ARREST AND AVOIDANCE OF DELAY
3. Avoidance of delay by commanding officers in investigating charges
4. Eight-day delay reports
5. Arrest not to exceed 72 days without permission from higher authority
PART III
INVESTIGATION OF CHARGES BY COMMANDING OFFICER
6. Methods of investigating charges
7. Hearing of evidence by commanding officer
8. Summary of evidence
9. Abstract of evidence
10. Investigation before summary dealing by commanding officer
11. Dismissal of charge by commanding officer
12. Reference of charges to higher authority
PART IV
PREPARATION OF CHARGE SHEETS AND FRAMING OF CHARGES
13. Charge sheets
14. Charges
15. Joint charges
16. Construction of charge sheets and charges
17. Action by higher authority on receipt of a charge
PART V
INVESTIGATION OF, AND SUMMARY DEALINGS WITH, CHARGES BY AN APPROPRIATE SUPERIOR AUTHORITY
18. Documents to be given to officers and warrant officers dealt with summarily
19. Investigation of, and summary dealing with, charges against officers and warrant officers
20. Alternative courses open to appropriate superior authority
PART VI
CONVENING OF COURTS-MARTIAL
21. Duties of convening officer when convening courts-martial
22. Appointment of president and members
23. Officers under instruction
24. Preparation of defence
PART VII
ASSEMBLY AND SWEARING OF COURT
25. Preliminary matters to be considered by court and beginning of trial
26. Objections to the court
27. Swearing of court
28. Swearing of judge advocate
29. Swearing of officers under instruction
30. Appointment and swearing of, and objections to, interpreters and shorthand writers
31. No right of objection to judge advocate, prosecutor and officer under instruction
32. Order of trials
33. Oaths and solemn affirmations
PART VIII
ARRAIGNMENT OF ACCUSED
34. Arraignment of accused
35. Plea to the jurisdiction of the court
36. Objection to charge
37. Plea in bar of trial
38. Application by an accused at a joint trial to be tried separately
39. Application by an accused at a trial to have a charge tried separately
40. Pleas to the charge
41. Acceptance of pleas of guilty
42. Pleas on alternative charges
PART IX
PROCEDURE AFTER
RECORDING A FINDING OF GUILTY
43. Order of trial where pleas of guilty and not guilty
44. Procedure on finding of guilty after plea of guilty
PART X
CHANGES OF PLEA
45. Changes of plea
PART XI
PROCEDURE ON PLEAS OF NOT GUILTY
46. Application for adjournment of trial after plea of not guilty
47. Case for prosecution
48. Calling of witnesses whose evidence is not contained in the summary or abstract of evidence
49. Notice to an accused that a witness will not be called by prosecutor
PART XII
CALLING AND EXAMINATIONS OF WITNESSES
50. Swearing of witnesses
51. Exclusion of witnesses from court
52. Examination of witnesses
53. Examination of witnesses by court
54. Reading back of evidence to witnesses
55. Calling of witnesses by court and recalling of witnesses
56. Statutory declarations
PART XIII
SUBMISSION OF NO CASE TO ANSWER AND STOPPING OF CASES
57. Submission of no case to answer and power of court to stop a case
PART XIV
CASE FOR THE DEFENCE AND SUMMING UP BY JUDGE ADVOCATE
58. Explanation to accused of his rights when making his defence
59. Evidence for the defence
60. Evidence in rebuttal
61. Closing addresses
62. Handing in of a statutory declaration by the accused
63. Summing up by judge advocate
PART XV
DELIBERATION ON, AND ANNOUNCEMENT OF, FINDING ON THE CHARGE
64. Deliberation on finding on the charge
65. Expression of opinions on, and form of, finding
66. Announcement of finding
PART XVI
PROCEDURE AFTER ANNOUNCEMENT OF FINDING
67. Completion of procedure on plea of guilty, before deliberation on sentence
68. Trial of charges in other charge sheets before deliberation on sentence
69. Release of accused
70. Accused's record and plea in mitigation
71. Request by accused for other offences to be taken into consideration
PART XVII
DELIBERATION AND ANNOUNCEMENT OF SENTENCE
72. Persons entitled to be present during deliberation on sentence
73. Sentence and recommendation to mercy
74. Postponement of deliberation on sentence
75. Announcement of sentence and conclusion of trial
PART XVIII
GENERAL DUTIES OF THE PRESIDENT, PROSECUTOR AND DEFENDING OFFICER OF COUNSEL
76. General duties of president
77. General duties of prosecutor and defending officer or counsel
78. Counsel
PART XIX
POWERS AND DUTIES OF THE JUDGE ADVOCATE
79. General duties of judge advocate
80. Judge advocate sitting alone
PART XX
WITHDRAWAL AND AMENDMENT OF CHARGE SHEETS AND CHARGES
81. Withdrawal of charge sheet and charges
82. Amendment of charge sheets and charges by court
83. Amendment of charges by convening officer
PART XXI
SITTINGS AND ADJOURNMENT OF THE COURT
84. Sittings
85. Adjournment
86. View by court
87. Absence of president, members or judge advocate
PART XXII
INSANITY
88. Insanity
PART XXIII
INTERVIEWING AND ATTENDANCE OF WITNESSES
89. Interviewing witnesses
90. Procuring attendance of witnesses
PART XXIV
RECORD OF PROCEEDINGS
91. Record of proceedings
92. Exhibits
93. Custody and inspection of record of proceedings during trial
PART XXV
CONFIRMATION, REVISION AND PROMULGATION
94. Confirmation and promulgation
95. Revision
PART XXVI
LOSS OF PROCEEDINGS
96. Loss of original record of proceedings before confirmation
97. Loss of original record of proceedings after confirmation
PART XXVII
CUSTODY OF THE RECORD AFTER CONFIRMATION AND COST OF COPIES THEREOF
98. Custody and preservation of record of proceedings after confirmation
99. Cost of copies of record of proceedings
PART XXVIII
PETITIONS
100. Petitions
PART XXIX
MISCELLANEOUS PROVISIONS
101. Notice requiring oral evidence in lieu of statutory declaration
102. Exceptions from Rules on account of exigencies of service
103. Exceptions from Rules in interests of security
104. Deviations from forms in Schedules
105. Cases not covered by Rules
SI 68 of 1964.
[Rules by the President]
PART I
PRELIMINARY
These Rules may be cited as the Defence Force (Procedure) Rules.
In these Rules, unless the context otherwise requires—
"convening a fresh court" includes dissolving the existing court;
"member", when used in relation to a court-martial, does not include the president;
"special finding" means, when used in relation to—
(a) section 97 of the Act, any finding which a court-martial may make in accordance with that section;
(b) section 111 of the Act, a finding in accordance with that section;
(c) rule 65(3), a finding that the accused is guilty of the charge subject to the exception or variation specified in the finding.
PART II
ARREST AND AVOIDANCE OF DELAY
3. Avoidance of delay by commanding officers in investigating charges
(1) When a person is detained by military authority in arrest, his commanding officer shall, unless it is impracticable, within 48 hours of becoming aware that he is so detained, have such person brought before him, inform him of the charge against him and begin to investigate it.
(2) Every case of such a person being detained in arrest beyond such period of 48 hours without such investigation having begun shall be reported by his commanding officer to higher authority.
The report required by sub-section (2) of section 78 of the Act with regard to the necessity for further delay in bringing an accused to trial shall be in the form set out in the First Schedule and shall be signed by his commanding officer. The report shall be sent to the officer who would be responsible for convening a court-martial for the trial of the accused.
5. Arrest not to exceed 72 days without permission from higher authority
An accused shall not be held in arrest for more than 72 consecutive days without a court-martial being convened for his trial, unless the officer who would be responsible for convening the court-martial directs in writing that he shall not be released from arrest. When giving such a direction such officer shall state his reasons for giving it.
PART III
INVESTIGATION OF CHARGES BY COMMANDING OFFICER
6. Methods of investigating charges
(1) Subject to sub-rules (3) and (4), when a commanding officer investigates a charge he shall first read and, if necessary, explain the charge to the accused and shall then—
(a) hear the evidence himself in accordance with rule 7; or
(b) cause the evidence to be reduced to writing in accordance with sub-rule (2):
Provided that—
(i) notwithstanding that he has heard all or part of the evidence himself, he may cause the evidence to be reduced to writing;
(ii) after the evidence has been reduced to writing and he has considered it, he may himself hear evidence in accordance with rule 7; and
(iii) before he submits to higher authority a charge against an officer or warrant officer or remands a non-commissioned officer, private soldier or civilian for trial by court-martial, he shall cause the evidence to be reduced to writing.
(2) Evidence may be reduced to writing in the form of a summary of evidence taken in accordance with rule 8 or an abstract of evidence made in accordance with rule 9:
Provided that a summary of evidence must be taken if—
(i) the maximum punishment for the offence with which the accused is charged is death; or
(ii) the accused, at any time before the charge against him is referred to higher authority in accordance with rule 12, requires in writing that a summary of evidence be taken; or
(iii) the commanding officer is of opinion that the interests of justice require that a summary of evidence be taken.
(3) Where the evidence taken in accordance with sub-rule (1) discloses an offence other than the offence which is the subject of the investigation, a new charge alleging that offence may be preferred against the accused in addition to, or in substitution for, the original charge and the investigation of the original charge may be treated for the purposes of these Rules as the investigation of the added or substituted charge.
7. Hearing of evidence by commanding officer
When a commanding officer investigates a charge by hearing the evidence himself—
(a) each prosecution witness shall give his evidence orally in the presence of the accused, or the commanding officer shall read to the accused a written statement made by the witness:
Provided that a written statement of a prosecution witness shall not be used if the accused requires that the witness shall give his evidence orally;
(b) the accused shall be allowed to cross-examine any prosecution witness;
(c) the accused may, on his own behalf, give evidence on oath or may make a statement without being sworn;
(d) the accused may call witnesses in his defence, who shall give their evidence orally and in his presence;
(e) the evidence shall not be given on oath unless the commanding officer so directs or the accused so demands;
(f) if the evidence is given on oath, the commanding officer shall, subject to the accused's right to make a statement without being sworn, administer the oath to each witness and to any interpreter in accordance with rule 33.
A summary of evidence shall be taken in the following manner and shall be in accordance with the form set out in the First Schedule—
(a) it shall be taken in the presence of the accused by the commanding officer or by another officer on the direction of the commanding officer;
(b) the prosecution witnesses shall give their evidence orally and the accused shall be allowed to cross-examine any prosecution witness:
Provided that, if a person cannot be compelled as a prosecution witness or if, owing to the exigencies of the service or on other grounds (including the expense and loss of time involved), the attendance of any prosecution witness cannot, in the opinion of the officer taking the summary (to be certified by him in writing), be readily procured, a written statement of his evidence, purporting to be signed by him, may be read to the accused and included in the summary of evidence; but, if such witness can be compelled to attend, the accused may insist that he shall attend for cross-examination;
(c) after all the evidence against the accused has been given, the accused shall be asked: "Do you wish to say anything? You are not obliged to do so, but, if you wish, you may give evidence on oath, or you may make a statement without being sworn. Any evidence you give or statement you make will be taken down in writing and may be given in evidence". Any evidence given or statement made by the accused shall be recorded in writing and, immediately thereafter, the record of his evidence or statement shall be read over to him and corrected where necessary, and he shall sign it unless he declines to do so;
(d) the accused may call witnesses in his defence, who shall give their evidence orally;
(e) neither the accused nor the witnesses for the defence shall be subject to cross-examination;
(f) the evidence of each witness (other than the accused) who gives evidence orally shall be recorded in writing and, immediately thereafter, the record of his evidence shall be read over to him, corrected where necessary and signed by him;
(g) the record of the evidence may be in narrative form, save that any question put to a witness in cross-examination by the accused, and the answer thereto, shall be recorded verbatim if the accused so requires;
(h) the oath shall be administered to each witness before he gives his evidence in accordance with rule 33 by the officer taking the summary of evidence, and to any interpreter:
Provided that—
(i) where any child of tender years, called as a witness, does not, in the opinion of the officer taking the summary, understand the nature of an oath, his evidence may be received, though not given upon oath, if, in the opinion of the officer taking the summary, he is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth; and
(ii) at the conclusion of the taking of the summary of evidence, the officer taking it shall certify thereon that he has complied with the provisions of this rule.
(1) An abstract of evidence shall be made in the following way and shall be in accordance with the forms set out in the First Schedule—
(a) it shall be made by the commanding officer or by another officer on the direction of the commanding officer;
(b) the accused should not be present whilst the abstract is being made;
(c) it shall consist of signed statements by such witnesses as are necessary to prove the charge:
Provided that if, in the case of any witness, a signed statement is not readily procurable, a precise of the evidence to be given by that witness may be included instead of a signed statement; and
(d) an oath shall not be administered to a witness making a statement for inclusion in an abstract of evidence but use may be made, where necessary, of sworn statements which are already in existence.
(2) When an abstract of evidence has been made in accordance with sub-rule (1), a copy of it shall be handed to the accused and he shall then be cautioned in the following terms:
"This is a copy of the abstract of evidence in your case; you are not obliged to say anything with regard to it unless you wish to do so, but you should read it, and, when you have read it, if you wish to say anything, what you say will be taken down in writing and may be given in evidence."
Any statement made by the accused after he has read the abstract of evidence shall be taken down in writing and he shall be asked to sign it. This statement, and a certificate signed by the person who recorded the statement stating that the accused was duly cautioned in accordance with this rule, shall be attached to the abstract of evidence and shall be in the form set out in the First Schedule.
10. Investigation before summary dealing by commanding officer
Before a commanding officer deals summarily with a charge after the evidence has been reduced to writing—
(a) any prosecution witness who has not given his evidence orally shall do so if the accused requires it; and
(b) the commanding officer shall give the accused a further opportunity to give evidence on oath or to make a statement without being sworn and to call witnesses in his defence.
11. Dismissal of charge by commanding officer
(1) A commanding officer may dismiss a charge at any time during his investigation if he is of the opinion that it ought not to be proceeded with.
(2) After a commanding officer has referred a charge to higher authority in accordance with rule 12, he shall not dismiss it unless it has been referred back to him.
12. Reference of charges to higher authority
When a commanding officer submits to higher authority a charge against an officer or warrant officer or has remanded a non-commissioned officer, a private soldier or a civilian for trial by court-martial, he shall send to higher authority—
(a) a copy of the charge on which the accused is held;
(b) a draft charge sheet containing the charges upon which the commanding officer considers that the accused should be dealt with summarily or tried by court-martial;
(c) the summary or abstract of evidence;
(d) a statement of the character and service record of the accused; and
(e) a recommendation as to how the charge should be proceeded with.
PART IV
PREPARATION OF CHARGE SHEETS AND FRAMING OF CHARGES
(1) A charge sheet shall contain the whole of the issue or issues to be tried at one time and may contain more than one charge if the charges are founded on the same facts or form, or are part of, a series of offences of the same or similar character:
Provided that charges under paragraph (a) of sub-section (1) of section 42, paragraph (a) of section 43, paragraphs (a) and (c) of section 51 (where the charge is connected with a charge under either of the before-mentioned paragraphs) or section 61 of the Act may be included in any charge sheet, notwithstanding that other charges in that charge sheet are not founded on the same facts and do not form or are not part of a series of offences of the same or similar character.
(2) Every charge sheet shall in its layout follow the appropriate illustration given in the Second Schedule.
(3) The commencement of each charge sheet shall be in the appropriate form set out in the Second Schedule and shall state the number rank, name and unit of the accused and show by the description of the accused or directly by an express averment that he is subject to military law under the Act or otherwise liable to trial by court-martial.
(1) Each charge shall state one offence only.
(2) Offences may be charged in the alternative in separate charges but in no case shall they be charged in the alternative in the same charge. When charges are laid in the alternative they should be set out in order of gravity, commencing with the most serious.
(3) Each charge shall consist of two parts, namely—
(a) the statement of the offence; and
(b) the particulars of the act, neglect or omission constituting the offence.
(4) The statement of an offence, if it is not a civil offence, shall be in the appropriate form set out in the Second Schedule; if it is a civil offence, in such words as sufficiently describe that offence.
(5) The particulars shall state—
(a) such circumstances respecting the alleged offences as will enable the accused to know every act, neglect or omission which it is intended to prove against him as constituting the offence;
(b) when the offence charged is one which can be committed either in circumstances involving a higher degree of punishment or in circumstances involving a less degree of punishment, facts which it is intended to prove as rendering the accused liable to the higher degree of punishment if convicted.
(1) Any number of accused may be charged jointly in one charge for an offence committed by them jointly.
(2) When so charged any one or more of such accused may at the same time be charged on the same charge sheet with any other offence alleged to have been committed by him or them individually or jointly:
Provided that such charges could, if the accused to whom they relate had been tried separately, have been included under rule 13(1) in the same charge sheet as the other charges against him.
16. Construction of charge sheets and charges
In the construction of a charge sheet or charge there shall be presumed in favour of supporting it every proposition which may reasonably be presumed to be impliedly included, though not expressed therein, and the statement of the offence and the particulars of the offence shall be read and construed together.
17. Action by higher authority on a receipt of a charge
When a higher authority receives a charge against an accused, he shall, if he does not refer it back to the commanding officer or deal summarily with it himself or himself convene a court-martial to try the accused, refer the charge either to an appropriate superior authority in order that that authority may deal summarily with it or to the officer who would be responsible for convening the appropriate court-martial to try the accused, and shall, when he so refers the charge, send to the appropriate superior authority or other officer concerned the documents mentioned in rule 12 together with his own recommendation as to how the case should be proceeded with.
PART V
INVESTIGATION OF, AND SUMMARY DEALINGS WITH, CHARGES BY AN APPROPRIATE SUPERIOR AUTHORITY
18. Documents to be given to officers and warrant officers dealt with summarily
An appropriate superior authority shall ensure before investigating and dealing summarily with a charge that the accused is given, not less than 24 hours before the charge is so investigated and dealt with, a copy of the charge sheet containing the charge on which he will be so dealt with and a copy of the summary or abstract of evidence.
19. Investigation of, and summary dealing with, charges against officers and warrant officers
When an appropriate superior authority investigates and deals summarily with a charge—
(a) he shall first read the charge to the accused;
(b) the witnesses against the accused need not give their evidence orally if the accused has so agreed in writing but if the accused has not so agreed they shall give their evidence orally in his presence and he shall be allowed to cross-examine them. If the witnesses against the accused do not give their evidence orally, the appropriate superior authority shall read the summary or abstract of evidence to the accused if he so requires;
(c) the accused in his defence may produce evidence as to the facts of the case and, in mitigation of punishment, as to his character;
(d) the accused himself may give evidence on oath, make a statement without being sworn or hand in a written statement;
(e) each witness who gives evidence shall give it on oath and the oath shall be administered by the appropriate superior authority to each witness and to any interpreter in accordance with rule 33;
(f) when an appropriate superior authority awards the punishment of forfeiture of seniority of rank the award shall be in the appropriate form set out in the Fifth Schedule;
(g) a record shall be made of the proceedings in accordance with the form set out in the Third Schedule.
20. Alternative courses open to appropriate superior authority
An appropriate superior authority shall, if an accused elects to be tried by court-martial or the appropriate superior authority in the course of investigating a charge determines that it is desirable that the charge should be tried by court-martial, either himself convene the court-martial or refer the charge to higher authority in accordance with rule 17.
PART VI
CONVENING OF COURTS-MARTIAL
21. Duties of convening officer when convening courts-martial
When an officer convenes a court-martial he shall—
(a) issue a convening order in the appropriate form set out in the Fourth Schedule;
(b) direct upon what charges the accused is to be tried and ensure that the accused has been remanded for trial by court-martial upon those charges either by his commanding officer or by the appropriate superior authority who has investigated them;
(c) if he is of opinion that charges should be put in separate charge sheets, so direct and direct the order in which they are to be tried;
(d) direct, if there is more than one accused, whether the accused are to be tried jointly or separately;
(e) appoint the president and members of the court and any waiting members in accordance with rule 22;
(f) if convening a court-martial for the trial of an officer or any court-martial at which he considers there should be a judge advocate, take the necessary steps to procure the appointment of a judge advocate by request to the Vice-President;
(g) appoint an officer subject to service law or counsel assisted by such an officer to prosecute or detail a commanding officer to appoint an officer subject to service law to prosecute:
Provided that the convening officer may appoint two such officers to prosecute if he thinks fit;
(h) appoint the date, time and place for the trial;
(i) send to the president the charge sheet, the convening order and a copy of the summary or abstract of evidence from which any evidence which, in his opinion, would be inadmissible under the Act at the court-martial has been expurgated;
(j) send to each member of the court and to each waiting member a copy of the charge sheet;
(k) send to the prosecutor copies of the charge sheet and convening order and the original summary or abstract of evidence together with any unexpurgated copy thereof showing the passages (if any) which have been expurgated in the copies sent to the president;
(l) send to the judge advocate (if any) copies of the charge sheet, and convening order and an unexpurgated copy of the summary or abstract of evidence showing the passages (if any) which have been expurgated in the copy sent to the president;
(m) ensure that the accused is given a proper opportunity to prepare his defence in accordance with rule 24; and
(n) take steps in accordance with rule 90 to procure the attendance at the court-martial of all witnesses to be called for the prosecution and all witnesses whose attendance the accused has reasonably requested in accordance with rule 24:
Provided that the convening officer may require the accused to defray or to undertake to defray, as the convening officer thinks fit, the cost of the attendance of a witness whose attendance he has requested and if the accused refuses to defray or to undertake to defray, as the case may be, such costs, the convening officer shall not be obliged to take any further steps to procure the attendance of that witness.
22. Appointment of president and members
The convening officer shall—
(a) appoint the president of a court-martial by name and appoint the members either by name or by detailing a commanding officer to appoint an officer of a specified rank; and
(b) appoint such waiting members as he thinks expedient either by name or by detailing a commanding officer to appoint an officer of a specified rank.
23. Officers under instruction
(1) Subject to rule 80, any officer subject to service law may, by direction of the convening officer or at the discretion of the president, remain with a court-martial throughout the proceedings as an officer under instruction.
(2) An officer under instruction, although allowed to be present in closed court, shall take no part in any of the deliberations or decisions of the court.
The following provisions shall apply to the defence of the accused:
(a) an accused who has been remanded for trial by court-martial shall be afforded a proper opportunity for preparing his defence and shall be allowed proper communication with his defending officer or counsel and with his witnesses;
(b) a defending officer or counsel shall be appointed to defend an accused who has been remanded for trial by court-martial unless the accused states in writing that he does not wish such an appointment to be made;
(c) if the prosecution is to be undertaken by a legally qualified officer or by counsel, the accused shall be notified of this fact in sufficient time to enable him, if he so desires and it is practicable, to make arrangements for a legally qualified officer or counsel to defend him;
(d) as soon as practicable after an accused has been remanded for trial by court-martial, and in any case not less than 24 hours before his trial, he shall be given—
(i) a copy of the charge sheet;
(ii) an unexpurgated copy of the summary or abstract of evidence showing the passages (if any) which have been expurgated in the copies sent to the president;
(iii) notice of any additional evidence which the prosecution intends to adduce;
(iv) if the accused so requires, a list of the ranks, names and units of the president and members who are to form the court and of any waiting members;
(e) when an accused is given a copy of the charge sheet and of the summary or abstract of evidence in accordance with this rule, he shall—
(i) if necessary, have the charge explained to him; and
(ii) be informed that, upon his making a written request to his commanding officer not less than 24 hours before his trial requiring the attendance at his trial of any witness (other than a witness for the prosecution) whom he desires to call in his defence (such witness to be named by him), reasonable steps will be taken in accordance with these Rules to procure the attendance of any such witness at his trial;
(f) when an accused is served with a copy of a statutory declaration which the prosecutor proposes to hand to the court in accordance with sub-section (2) of section 98 of the Act and rule 56, he shall be informed of his right under the said sub-section to require that oral evidence shall be given in lieu of such statutory declaration;
(g) when it is intended to try two or more accused jointly notice of this fact shall be given to each such accused when he is given a copy of the charge sheet. Any such accused may, before trial, by written notice to the convening officer, claim to be tried separately on the grounds that he would be prejudiced in his defence if he were not tried separately. In such case the convening officer shall, if he is of opinion that the interests of justice so require, direct that the accused who has so claimed shall be tried separately;
(h) when a charge sheet contains more than one charge, the accused
may, before trial, by written notice to the convening officer, claim to be tried separately on any charge in that charge sheet on the grounds that he would be prejudiced in his defence if he were not tried separately on that charge, and in such case the convening officer shall, if he is of opinion that the interests of justice so require, direct that the accused shall be tried separately on that charge.
PART VII
ASSEMBLY AND SWEARING OF COURT
25. Preliminary matters to be considered by court and beginning of trial
(1) Upon a court-martial assembling, the court shall, before beginning the trial, satisfy themselves in closed court—
(a) that the court has been convened in accordance with the Act and these Rules;
(b) that the court consists of not less than the legal minimum of officers;
(c) that the president and members are of the required rank;
(d) that the president and members have been duly appointed and are not disqualified under the Act;
(e) if there is a judge advocate, that he has been duly appointed;
(f) that the accused appears from the charge sheet to be subject to
(g) that each charge is on its face correct in law and framed in accordance with these Rules.
(2) (a) Where a vacancy occurs through a member of the court being disqualified under the Act or being absent when the court assembles, the president may appoint a duly qualified waiting member to fill that vacancy.
(b) The president may, if the interests of justice so require, substitute a duly qualified waiting member for a member appointed by the convening officer.
(3) If the court is not satisfied on any of the matters mentioned in sub-rule (1) and is not competent to rectify such matter itself under the Act or these Rules, it shall, before commencing the trial, report to the convening officer thereupon.
(4) When the court has complied with this rule and is ready to proceed with the trial the president shall open the court and the trial shall begin.
(1) The order convening the court and the names of the officers appointed to try the accused shall be read in the hearing of the accused who shall be given an opportunity to object to any of those officers in accordance with section 91 of the Act.
(2) When a court is convened to try more than one accused, whether separately or jointly, each accused shall be given an opportunity to object to any officer of the court in accordance with sub-rule (1) and shall be asked separately whether he has any such objection.
(3) An accused shall state the names of all the officers to whom he objects before any objection is disposed of.
(4) If more than one officer is objected to, the objection to each officer shall be disposed of separately and the objection to the lowest in rank shall be disposed of first, except where the president is objected to, in which case the objection to him shall be disposed of before the objection to any other officer.
(5) An accused may make a statement and call any person to make a statement in support of his objection.
(6) An officer to whom the accused has objected may state in open court anything relevant to the accused's objection whether in support or in rebuttal thereof.
(7) An objection to an officer shall be considered in closed court by all the other officers of the court including any officer who has been appointed by the president in accordance with sub-rule (9) in place of any officer who has retired.
(8) When an objection to an officer is allowed, that officer shall forthwith retire and take no further part in the proceedings.
(9) When an officer objected to (other than the president) retires and there is a duly qualified waiting member in attendance the president should immediately appoint him to take the place of the officer who has retired.
(10) The court shall satisfy themselves that a waiting member who takes the place of a member of the court is of the required rank and not disqualified under the Act and shall give the accused an opportunity to object to him and shall deal with any such objection in accordance with this rule.
(11) If an objection to the president is allowed the court shall report to the convening officer without proceeding further with the trial.
(12) If, as the result of the allowance of an objection to a member, there are insufficient officers available to form a court in compliance with the Act, the court shall report to the convening officer without proceeding further with the trial and the convening officer may either appoint an officer as a member to fill the vacancy or convene a fresh court to try the accused.
(1) Immediately after rule 26 has been complied with, an oath shall be administered to the president and each member of the court in accordance with rule 33 and in the presence of the accused.
(2) If there is a judge advocate, the oath shall be administered by him to the president first and afterwards to each member of the court. If there is no judge advocate, the oath shall be first administered by the president to the members of the court and then to the president by any member of the court already sworn.
(3) A court may be sworn at one time to try any number of accused then present before it, whether they are to be tried jointly or separately.
(4) When a court is convened to try two or more accused separately and one accused objects to the president or to any member of the court, the court may, if they think fit, proceed to determine that objection in accordance with rule 26, or postpone the trial of that accused and swear the court for the trial of the other accused only.
28. Swearing of judge advocate
After the court has been sworn, an oath shall be administered to the judge advocate (if any) in accordance with rule 33 and in the presence of the accused.
29. Swearing of officers under instruction
After the court and judge advocate (if any) have been sworn, an oath shall be administered to any officer under instruction in accordance with rule 33 and in the presence of the accused.
30. Appointment and swearing of, and objection to, interpreters and shorthand writers
(1) A competent and impartial person may be appointed at any time to act as an interpreter or shorthand writer at a trial by court-martial and before he so acts an oath shall be administered to him in accordance with rule 33 and in the presence of the accused.
(2) Before a person is sworn as an interpreter or as a short-hand writer, the accused shall be given an opportunity to object to him in the same manner as an objection may be taken to a member of the court and, if the court thinks that the objection is reasonable, that person shall not act as interpreter or shorthand writer.
31. No right of objection to judge advocate, prosecutor and officer under instruction
The accused shall have no right to object to a judge advocate, prosecutor or any officer under instruction.
(1) When a court has been convened to try two or more accused separately and have been sworn in accordance with rule 27(3), the court shall try them in the order indicated by the convening officer or, where he has given no such indication, then in such order as they think fit.
(2) When a court has been convened to try and accused on charges which are included in more than one charge sheet, the court shall take the charge sheets in the order indicated by the convening officer or, where he has given no such indication, in such order as they think fit.
33. Oaths and solemn affirmations
(1) An oath which is required to be administered under these Rules shall be administered in the appropriate form and in the manner set out in the Sixth Schedule:
Provided that-
(i) if any person desires to swear with uplifted hand in the form and manner in which an oath is usually administered in Scotland, he shall be permitted to do so:
(ii) the opening words of the oath may be varied to such words and the oath may be administered in such manner as the person taking the oath declares to be binding on his conscience in accordance with his religious beliefs.
(2) Subject to rule 27(2), every oath shall be administered at a court-martial by the president, a member of the court or the judge advocate.
(3) Where a person is permitted to make a solemn affirmation instead of swearing an oath, the affirmation shall be in the appropriate form set out in the Sixth Schedule.
(4) The provisions of section 101 of the Act shall apply to proceedings before a commanding officer, the taking of such summaries of evidence and proceedings before an appropriate superior authority as they apply to proceedings before a court-martial.
PART VIII
ARRAIGNMENT OF ACCUSED
(1) When the court and judge advocate (if any) have been sworn the accused shall be arraigned.
(2) If there is more than one charge against the accused before the court, he shall be required to plead separately to each charge.
(3) If there is more than one charge sheet against the accused before the court, the court shall arraign and try the accused upon the charge in the first of such charge sheets and shall announce their finding thereon and, if the accused has pleaded guilty, comply with sub-rules (1) and (2) of rule 44 before they arraign him upon the charge in any subsequent charge sheet.
35. Plea to the jurisdiction of the court
(1) The accused, before pleading to the charge, may offer a plea to the jurisdiction of the court. If he does so-
(a) the accused may adduce evidence in support of the plea and the prosecutor may adduce evidence in answer thereto; and
(b) the prosecutor may address the court in answer to the plea and the accused may reply to the prosecutor's address.
(2) If the court allow the plea they shall adjourn and report to the convening officer.
(3) When a court report to the convening officer under this rule, the convening officer shall—
(a) if he approves the decision of the court to allow the plea, dissolve the court;
(b) if he disapproves the decision of the court—
(i) refer the matter back to the court and direct them to proceed with the trial; or
(ii) convene a fresh court to try the accused.
(1) An accused before pleading to a charge may object to it on the grounds that it is not correct in law or is not framed in accordance with these Rules, and if he does so, the prosecutor may address the court in answer to the objection and the accused may reply to the prosecutor's address.
(2) If the court uphold the objection they shall either amend the charge, if permissible under rule 82, or adjourn and report to the convening officer:
Provided that if there is another charge or another charge sheet before the court, the court may, before adjourning under this rule, proceed with the trial of such other charge or other charge sheet.
(3) When a court reports to the convening officer under this rule, the convening officer shall—
(a) if he approves the decision of the court to allow the objection—
(i) dissolve the court; or
(ii) where there is another charge or another charge sheet before the court to which the objection does not relate and which the court has not tried, direct the court to proceed with the trial of such other charge or charge sheet only; or
(iii) amend the charge to which the objection relates, if permissible under rule 83, and direct the court to try it as amended;
(b) if he disapproves the decision of the court to allow the objection—
(i) direct the court to try the charge; or
(ii) where there is another charge or charge sheet before the court to which the objection does not relate and which the court has not tried, direct the court to proceed with the trial of such other charge or charge sheet only; or
(iii) convene a fresh court to try the accused.
(1) An accused before pleading to a charge may offer a plea in bar of trial in reliance upon section 121 or 123 of the Act. If he does so—
(a) the accused may adduce evidence in support of the plea and the prosecutor may adduce evidence in answer thereto; and
(b) the prosecutor may address the court in answer to the plea and the accused may reply to the prosecutor's address.
(2) If the court allow the plea they shall adjourn and report to the convening officer:
Provided that if there is another charge or another charge sheet before the court, the court may, before adjourning under this rule, proceed with the trial of such other charge or other charge sheet.
(3) When a court reports to the convening officer under this rule, the convening officer shall—
(a) if he approves the decision of the court to allow the plea—
(i) dissolve the court; or
(ii) where there is another charge or charge sheet before the court to which the plea does not relate and which the court has not tried, direct the court to proceed with the trial of such other charges or charge sheet only;
(b) if he disapproves the decision of the court to allow the plea—
(i) direct the court to try the charge; or
(ii) where there is another charge or another charge sheet before the court to which the plea does not relate and which the court has not tried, direct the court to proceed with the trial of such other charge or charge sheet only; or
(iii) convene a fresh court to try the accused.
38. Application by an accused at a joint trial to be tried separately
Where two or more accused are charged jointly, any one of the accused may, before pleading to the charge, apply to the court to be tried separately on the ground that he would be prejudiced in his defence if he were not tried separately. If the accused makes such an application the prosecutor may address the court in answer thereto and the accused may reply to the prosecutor's address. If the court are of opinion that the interests of justice so require, they shall allow the application and try separately the accused who made it.
39. Application by an accused at a trial to have a charge tried separately
Where a charge sheet contains more than one charge the accused may, before pleading to the charges, apply to the court to be tried separately on any charge in that charge sheet on the ground that he would be prejudiced in his defence if he were not tried separately on that charge. If the accused makes such an application the prosecutor may address the court in answer thereto and the accused may reply to the prosecutor's address. If the court are of opinion that the interests of justice so require, they shall allow the application and try the accused separately on the charge to which it relates as if that charge had been inserted in a separate charge sheet.
(1) After any pleas under rules 35 and 37, any objection under rule 36, and any applications under rules 38 and 39, have been dealt with, the accused shall be required (subject to sub-rule (2)) to plead either guilty or not guilty to each charge on which he is arraigned.
(2) Where a court is empowered by section 97 of the Act to find an accused guilty of an offence other than that charged or guilty of committing the offence in circumstances involving a less degree of punishment or where they could, after hearing the evidence, make a special finding of guilty subject to exceptions or variations in accordance with rule 65, the accused may plead guilty to such other offence or to the offence charged as having been committed in circumstances involving a less degree of punishment or to the offence charged subject to such exceptions or variations.
41. Acceptance of pleas of guilty
(1) If an accused pleads guilty to a charge under either sub-rule (1) or (2) of rule 40, the president or judge advocate shall, before the court decide to accept the plea, explain to the accused the nature of the charge and the general effect of his plea and in particular the difference in procedure when an accused pleads guilty and when an accused pleads not guilty.
(2) A court shall not accept a plea of guilty under either sub-rule (1) or (2) of rule 40 if—
(a) the court are not satisfied that the accused understands the nature of the charge or the effect of his plea;
(b) the president, having regard to all the circumstances, considers that the accused should plead not guilty; or
(c) the accused is liable if convicted to be sentenced to death.
(3) In the case of a plea of guilty under rule 40(2), a court shall also not accept the plea unless the convening officer concurs and they are satisfied of the justice of such course. The concurrence of the convening officer may be signified by the prosecutor.
(4) When a plea of guilty under either sub-rule (1) or (2) of rule 40 is not accepted by the court or the accused either refuses to plead to the charge or does not plead to it intelligibly, the court shall enter a plea of not guilty.
(5) When a court are satisfied that they can properly accept a plea of guilty under either sub-rule (1) or (2) of rule 40, they shall record a finding of guilty in respect thereof.
42. Pleas on alternative charges
(1) When an accused pleads guilty to the first of two or more alternative charges, the court, if they accept the accused's plea of guilty, shall record a finding of guilty in respect of the first charge and the prosecutor shall withdraw any alternative charge before the accused is arraigned on it.
(2) When an accused pleads guilty to one of two or more charges which are laid in the alternative other than the first of such charges, the court may—
(a) proceed as if the accused had pleaded not guilty to all the charges; or
(b) with the concurrence of the convening officer (which may be signified by the prosecutor), record a finding of guilty on the charge to which the accused has pleaded guilty and a finding of not guilty on any alternative charge which is placed before it in the charge sheet. Where the court record such findings, the prosecutor shall, before the accused is arraigned on it, withdraw any charge which is alternative to the charge of which the court have found the accused guilty and which is placed after it in the charge sheet.
PART IX
PROCEDURE AFTER
43. Order of trial where pleas of guilty and not guilty
After the court have recorded a finding of guilty, if there is no other charge in the same charge sheet to which the accused has pleaded not guilty and no other accused who has pleaded not guilty to a charge in that charge sheet, they shall proceed with the trial as directed by rule 44. If there is another charge in the charge sheet to which the accused has pleaded not guilty or there is another accused who has pleaded not guilty to a charge in that charge sheet, the court shall not comply with rule 44 until after they have dealt with such other charge or tried such other accused and have announced and recorded their finding in respect thereof.
44. Procedure on finding of guilty after plea of guilty
(1) After the court have recorded a finding of guilty in respect of a charge to which an accused pleaded guilty, the prosecutor shall, subject to rule 43, read the summary or abstract of evidence to the court or inform the court of the facts contained therein:
Provided that if an expurgated copy of the summary or abstract was sent to the president, the prosecutor shall not read to the court those parts of the summary or abstract which have been expurgated or inform the court of the facts contained in those parts, and shall not hand the original summary or abstract to the court until the trial is concluded.
(2) If there is no summary or abstract of evidence or the summary or abstract is, in the opinion of the court, inadequate or incomplete, the court shall hear and record in accordance with these Rules sufficient evidence to enable them to determine the sentence.
(3) After sub-rules (1) and (2) have been complied with, the accused may—
(a) adduce evidence of character in mitigation of punishment; and
(b) address the court in mitigation of punishment.
(4) After sub-rule (3) has been complied with, the court shall proceed as directed in sub-rules (1), (2), (3) and (4) of rule 70.
PART X
CHANGES OF PLEA
(1) An accused who has pleaded not guilty may, at any time before the court close to deliberate on their finding, withdraw his plea of not guilty and substitute a plea of guilty (including a plea of guilty under rule 40(2)) and in such case the court shall, if they are satisfied that they can accept the accused's changed plea under these Rules, record a finding in accordance with the accused's changed plea and so far as is necessary proceed as directed by rule 44.
(2) If at any time during the trial it appears to the court that an accused who has pleaded guilty does not understand the effect of his plea or the nature of the charge, the court shall enter a plea of not guilty and proceed with the trial accordingly.
(3) When a court enter a plea of not guilty in respect of any charge under sub-rule (2), they shall, if there was a charge laid in the alternative thereto which the prosecutor withdrew under rule 42, reinstate such alternative charge, arraign the accused thereon and proceed with the trial as if it had never been withdrawn.
PART XI
PROCEDURE ON PLEAS OF NOT GUILTY
46. Application for adjournment of trial after plea of not guilty
After a plea of not guilty to any charge has been entered—
(a) the court shall ask the accused whether he wishes to apply for an adjournment on the ground that any of these Rules relating to procedure before trial have not been complied with and that he has been prejudiced thereby or on the ground that he has not had sufficient opportunity for preparing his defence;
(b) if the accused applies for an adjournment—
(i) the accused may adduce evidence in support of his application and the prosecutor may adduce evidence in answer thereto; and
(ii) the prosecutor may address the court in answer to the application and the accused may reply to the prosecutor's address;
(c) the court may grant an adjournment if they think the interests of justice so require.
(1) The prosecutor may, if he desires, and shall, if required by the court, make an opening address explaining the charge, where necessary, and the nature and general effect of the evidence which he proposes to adduce.
(2) The witnesses for the prosecution shall then be called and give their evidence.
48. Calling of witnesses whose evidence is not contained in the summary or abstract of evidence
If the prosecutor intends to adduce evidence which is not contained in any summary or abstract of evidence given to the accused, notice of such intention together with the particulars of the evidence shall, when practicable, be given to the accused a reasonable time before the evidence is adduced. If such evidence is adduced without such notice or particulars having been given, the court may, if the accused so desires, either adjourn after receiving the evidence or allow any cross-examination arising out of that evidence to be postponed, and the court shall inform the accused of his right to apply for such an adjournment or postponement.
49. Notice to an accused that a witness will not be called by prosecutor
The prosecutor shall not be bound to call all the witnesses against the accused whose evidence is contained in the summary or abstract of evidence nor a witness whom he has notified the accused that he intends to call under rule 48, but if the prosecutor does not intend to call such a witness to give evidence he shall either tender him for cross-examination by the accused, or give the accused reasonable notice that he does not intend to call the witness and that the accused will be allowed to communicate with him and to call him as a witness for the defence, if he so desires, and if the witness is available.
PART XII
CALLING AND EXAMINATION OF WITNESSES
Save as is otherwise provided by the Act, an oath shall be administered to each witness in accordance with rule 33 before he gives evidence and in the presence of the accused.
51. Exclusion of witnesses from court
During a trial a witness other than the prosecutor or accused shall not, except by leave of the court, be in court while not under examination, and if while he is under examination a discussion arises as to the allowance of a question or otherwise with regard to the evidence, the court may direct the witness to withdraw during such discussion.
(1) A witness may be examined by the person calling him and may be cross-examined by the opposite party to the proceedings and on the conclusion of any such cross-examination may be re-examined by the person who called him on matters arising out of the cross-examination.
(2) The person examining a witness shall put his question to the witness orally and unless an objection is made by the witness, court, judge advocate, prosecutor or by the accused, the witness shall reply forthwith. If such an objection is made, the witness shall not reply until the objection has been disposed of.
(3) The court may allow the cross-examination or re-examination of a witness to be postponed.
53. Examination of witnesses by court
(1) The president, the judge advocate and, with permission of the president, any member of the court may put questions to a witness.
(2) Upon any such question being answered, the prosecutor and the accused may put to the witness such questions arising from the answer which he has given as seem proper to the court.
54. Reading back of evidence to witnesses
(1) The record which has been made of the evidence given by a witness shall be read back to him before he leaves the court and when this is done he may ask for the record to be corrected or explain the evidence which he has given. If any such correction is made or explanation given, the prosecutor and the accused may put such questions to the witness respecting the correction or explanation as seem proper to the court.
(2) When a shorthand writer is employed it shall not be necessary to comply with sub-rule (1), if, in the opinion of the court and the judge advocate (if any), it is unnecessary to do so:
Provided that if any witness so demands, sub-rule (1) shall be complied with.
55. Calling of witnesses by court and recalling of witnesses
(1) The court may, at any time before they close to deliberate on their finding or, if there is a judge advocate, before he begins to sum up, call a witness or recall a witness, if in the opinion of the court it is in the interests of justice to do so. If the court call a witness or recall a witness under this rule, the prosecutor and the accused may put such questions to the witness as seen proper to the court.
(2) The prosecutor and the accused may, at any time before the court close to deliberate on their finding or, if there is a judge advocate, before he begins to sum up, recall a witness by leave of the court and the prosecutor and the accused may put such questions to the witness as seem proper to the court.
A statutory declaration which is admissible in accordance with the provisions of section 98 of the Act shall be handed to the court by the prosecutor or the accused, as the case may be, without being produced by a witness.
PART XIII
SUBMISSION OF NO CASE TO ANSWER AND STOPPING OF CASES
57. Submission of no case to answer and power of court to stop a case
(1) At the close of the case for the prosecution the accused may submit to the court in respect of any charge that the prosecution has failed to establish a prima facie case for him to answer and that he should not be called upon to make his defence to that charge. If the accused makes such a submission, the prosecutor may address the court in answer thereto and the accused may reply to the prosecutor's address.
(2) The court shall not allow the submission unless they are satisfied that—
(a) the prosecution has not established a prima facie case on the charge as laid; and
(b) it is not open to them on the evidence adduced to make a special finding under either section 97 of the Act or rule 65(3).
(3) If the court allow the submission they shall find the accused not guilty of the charge to which it relates and announce this finding in open court forthwith; if the court disallow the submission they shall proceed with the trial of the offence as charged.
(4) Irrespective of whether there has been a submission under this rule or not, the court may at any time after the close of the hearing of the case for the prosecution, and after hearing the prosecutor, find the accused not guilty of a charge, and if they do so they shall also announce such finding in open court forthwith.
PART XIV
CASE FOR THE DEFENCE AND SUMMING UP BY JUDGE ADVOCATE
58. Explanation to accused of his rights when making his defence
(1) After the close of the case for the prosecution, the president or judge advocate (if any) shall explain to the accused that—
(a) if he wishes, he may give evidence on oath as a witness or make a statement without being sworn, but that he is not obliged to do either; and
(b) if he gives evidence on oath, he will be liable to be cross-examined by the prosecutor and to be questioned by the court and the judge advocate (if any), but that, if he makes a statement without being sworn, no one will be entitled to ask him any questions; and
(c) whether he gives evidence or makes a statement or remains silent, he may call witnesses on his behalf both to the facts of the case and to his character.
(2) After the president or judge advocate has complied with sub-rule (1), he shall ask the accused if he intends to give evidence on oath or to make a statement without being sworn and if he intends to call any witness on his behalf and, if so, whether he is a witness to fact or to character only.
(3) If the accused intends to call a witness to the facts of the case other than himself, he may make an opening address outlining the case for the defence before the evidence for the defence is given.
(1) After rule 58 has been complied with, the witnesses for the defence (if any) shall be called and give their evidence.
(2) Rules 50, 51, 52, 53, 54, 55 and 56 shall apply to the witnesses and the evidence for the defence as they apply to the witnesses and the evidence for the prosecution.
After the witnesses for the defence have given their evidence the prosecutor may, by leave of the court, call a witness or recall a witness to give evidence on any matter raised by the accused in his defence which the prosecution could not properly have mentioned to the court before the accused disclosed his defence or which the prosecution could not reasonably have foreseen.
(1) After all the evidence has been given, the prosecutor and the accused may each make a closing address to the court.
(2) The accused shall be entitled to make his closing address after the closing address by the prosecutor unless the accused has called a witness to fact other than himself, in which case the prosecutor shall be entitled, subject to sub-rules (3) and (4), to make his closing address after the closing address by the accused.
(3) Where two or more accused are tried jointly, any one of them who has called a witness to fact other than himself shall make his closing address before the closing address by the prosecutor, and any one of them who has called no such witness shall be entitled to make his closing address after the closing address by the prosecutor.
(4) Where two or more accused are represented by the same defending officer or counsel, he may make one closing address only. If any one of the accused for whom he appears has called no witness to fact other than himself, such defending officer or counsel shall be entitled to make his closing address after the closing address by the prosecutor.
62. Handing in of a statutory declaration by the accused
For the purposes of rules 58 and 61, the handing in by the accused of a statutory declaration shall be treated as the calling of a witness by him.
63. Summing up by judge advocate
After the closing addresses, if there is a judge advocate, he shall sum up the evidence and advise the court on the law relating to the case in open court.
PART XV
DELIBERATION ON, AND ANNOUNCEMENT OF, FINDING ON THE CHARGE
64. Deliberation on finding on the charge
(1) After the closing addresses, or if there is a judge advocate, after his summing up, the court shall close to deliberate on their finding on the charge.
(2) While the court are deliberating on their finding on the charge, no person shall be present except the president and members of the court and any officer under instruction.
(3) If there is a judge advocate and the court, while deliberating on their finding on the charge, require further advice from him, the court shall suspend their deliberation and ask and be given such advice in open court.
65. Expression of opinions on, and form of, finding
(1) The opinion of the president and each member as to the finding shall be given in closed court, orally, and on each charge separately and their opinions shall be given in order of seniority commencing with the junior in rank.
(2) Save as is otherwise provided in sub-rule (4), the court shall record on every charge on which a plea of not guilty has been recorded—
(a) a finding of guilty or a special finding in accordance with section 97 or sub-section (2) of section 111 of the Act or sub-rule (3); or
(b) a finding of not guilty or of not guilty and honourably acquitted of the charge.
(3) Where the court are of the opinion as regards any charge that the facts which they find to be proved in evidence differ from the facts alleged in the particulars of the charge, but are nevertheless sufficient to prove the offence stated in the charge and that the difference is not so material as to have prejudiced the accused in his defence, the court may, instead of recording a finding of not guilty, record a finding that the accused is guilty of the charge subject to any exception or variation which they shall specify in the finding.
(4) Where the court have recorded a finding of guilty on a charge which is laid in the alternative, they shall find the accused not guilty of any charge alternative thereto which is placed before it in the charge sheet and record no finding on any charge alternative thereto which is placed after it in the charge sheet.
(1) The finding on each charge shall be announced in open court forthwith.
(2) Every finding which requires confirmation shall be announced as being subject to confirmation.
(3) The finding shall be in the appropriate form set out in the Forth Schedule.
PART XVI
PROCEDURE AFTER ANNOUNCEMENT OF FINDING
67. Completion of procedure on plea of guilty before deliberation on sentence
After the court have announced their finding on any charge on which the court have entered a plea of not guilty, if there is another charge in the same charge sheet on which the court have accepted a plea of guilty, the court shall comply with sub-rules (1) and (2) of rule 44 in respect of that charge before proceeding further with the trial.
68. Trial of charges in other charge sheets before deliberation on sentence
Where there is another charge sheet against the accused before the court, the court shall not comply with rules 69, 70 and 71 until they have arraigned and tried the accused and have complied with rule 66 and, if necessary, with rule 67, in respect of each charge in such other charge sheet unless that charge sheet is withdrawn under rule 81.
If the findings on all charges against the accused are not guilty, the court shall order the accused to be released and the president and judge advocate (if any) shall date and sign the record of the proceedings. The president or the judge advocate shall then forward it as directed in the convening order.
70. Accused's record and plea in mitigation
(1) If the finding on a charge against the accused is guilty, or the court makes a special finding in accordance with section 97 of the Act or rule 65(3), the court, before deliberating on their sentence, shall whenever possible take evidence of his age, rank and service record. Such service record shall include—
(a) any recognised acts of gallantry or distinguished conduct on the part of the accused and any decoration to which he is entitled; and
(b) particulars of any offence of which the accused has been found guilty during his service and which is recorded in the service books relating to the accused and of the length of time he has been under arrest awaiting trial or in confinement under a current sentence.
(2) Evidence of the matters referred to in sub-rule (1) may be given by a witness producing to the court a written statement containing a summary of the entries in the service books relating to the accused, after the witness has in court verified such statement and identified the accused as the person to whom it relates. Such statement shall be in the form set out in the Fourth Schedule.
(3) In addition to the evidence contained in the statement referred to in sub-rule (2), it shall be the duty of the prosecutor whenever possible to call as a witness an officer to give to the court any information in the possession of the military authorities regarding—
(a) the accused's family background and responsibilities and any other circumstances which may have made him more susceptible to the commission of the offence charged;
(b) his general conduct in the service; and
(c) particulars of offences which do not appear in the statement above referred to of which the accused has been found guilty by a civil court and which are of the same general nature as that of which the accused has been found guilty by the court-martial:
Provided that the court shall not be informed of any such civil offence unless the finding is proved in accordance with section 185 of the Act, or the accused has admitted, after the purpose for which such admission is required has been explained to him, that he has been found guilty of the offence.
(4) The accused may cross-examine any witness who gives evidence in accordance with sub-rules (2) and (3) and, if the accused so requires, the service books, or a duly certified copy of the material entries therein, shall be produced, and if the contents of the form are in any respect not in accordance with the service books or such certified copy, the court shall cause the form to be corrected accordingly.
(5) After sub-rules (1), (2), (3) and (4) have been complied with the accused may—
(a) give evidence on oath and call witnesses in mitigation of punishment and to his character; and
(b) address the court in mitigation of punishment.
71. Request by accused for other offences to be taken into consideration
(1) Before the court close to deliberate on their sentence, the accused may request the court to take into consideration any other offence against the Act committed by him of a similar nature to that of which he has been found guilty, and, upon such a request being made, the court may agree to take into consideration any of such other offences as to the court seems proper.
(2) A list of the offences which the court agree to take into consideration shall be read to the accused by the president or judge advocate, who shall ask the accused if he admits having committed them. The accused shall sign a list of the offences which he admits having committed and the court shall take the offences in this list into consideration. This list shall be signed by the president and be attached to the record of the proceedings as an exhibit.
PART XVII
DELIBERATION AND
72. Persons entitled to be present during deliberation on sentence
While the court are deliberating on their sentence no person shall be present except the president, members, judge advocate (if any) and any officer under instruction.
73. Sentence and recommendation to mercy
(1) The court shall award one sentence in respect of all the offences of which the accused is found guilty. The sentence shall be in the appropriate form set out in the Fifth Schedule.
(2) The opinion of the president and each member as to the sentence shall be given orally and in closed court and their opinions shall be given in order of seniority commencing with the junior in rank.
(3) When the court have agreed to take into consideration an offence which is not included in the charge sheet, the court shall award a sentence appropriate both to the offence of which the accused has been found guilty and to the other offence which they are taking into consideration, but not greater than the maximum sentence which may be awarded under the Act for the offence of which the accused has been found guilty, save that they may include in their sentence a direction that such deductions shall be made from the pay of the accused as they would have had the power to direct to be made if the accused had been found guilty of the offence taken into consideration as well as of the offence of which he has been found guilty.
(4) The court may make a recommendation to mercy and if they do so shall record in the proceedings their reasons for making it.
74. Postponement of deliberation on sentence
Where two or more accused are tried separately by the same court upon charges arising out of the same transaction, the court may, if they think that the interests of justice so require, postpone their deliberation upon the sentence to be awarded to any one or more of such accused until they have recorded and announced their findings in respect of all of such accused.
75. Announcement of sentence and conclusion of trial
(1) The sentence, and any recommendation to mercy together with the reasons for making it, shall be announced in open court. The sentence shall also be announced as being subject to confirmation.
(2) When sub-rule (1) has been complied with the president shall announce in open court that the trial is concluded.
(3) Immediately after the conclusion of the trial the president and judge advocate (if any) shall date and sign the record of the proceedings. The president or the judge advocate shall then forward it as directed in the convening order.
PART XVIII
GENERAL DUTIES OF THE PRESIDENT, PROSECUTOR AND DEFENDING OFFICER OR COUNSEL
76. General duties of president
It shall be the duty of the president to ensure that the trial is conducted in accordance with the Act and these Rules and in a manner befitting a court of justice and in particular—
(a) to ensure that the prosecutor and the defending officer or counsel conduct themselves in accordance with these Rules;
(b) to ensure that the accused does not suffer any disadvantage in consequence of his position as such or of his ignorance or of his incapacity to examine or cross-examine witnesses or to make his own evidence clear and intelligible, or otherwise;
(c) to ensure that an officer under instruction does not express an opinion to the court on any matter relating to the trial before the court have come to their finding, nor on sentence before the court have decided upon the sentence;
(d) when there is no judge advocate present, to ensure that a proper record of the proceedings is made in accordance with rule 91 and that the record of the proceedings and exhibits are properly safeguarded in accordance with rule 93.
77. General duties of prosecutor and defending officer or counsel
(1) It shall be the duty of the prosecutor and of the defending officer or counsel to assist the court in the administration of justice, to treat the court and judge advocate with due respect and to present their cases fairly and in particular—
(a) to conform with these Rules and the practice of the civil courts in Zambia relating to the examination, cross-examination and re-examination of witnesses;
(b) not to refer to any matter not relevant to the charge before the court; and
(c) not to state as a matter of fact any matter which is not proved or which they do not intend to prove by evidence.
(2) Without prejudice to the generality of any of the provisions of sub-rule (1), it shall be the duty of the prosecutor to bring the whole of the transaction before the court and not to take any unfair advantage of, or to withhold any evidence in favour of, the accused.
(1) Subject to these Rules, the following persons shall be allowed to appear as counsel at a court-martial:
(a) any practitioner as defined in section 2 of the Legal Practitioners Act; and
(b) any person referred to in paragraph (a) of sub-section (2) of section 3 of the Legal Practitioners Act.
(2) Any right granted by these Rules to the accused at a court-martial to call or examine witnesses or to address the court, any right of the accused to object to the admissibility of evidence at a court-martial and any right granted to the accused by rules 24(e), (g) and (h), 26, 30, 35, 36, 37, 38, 39, 46, 57, 71, 79(2) and 93(2) may be exercised by his defending officer or his counsel on his behalf, and any reference in these Rules to any address, request, application, claim, submission, objection or plea to the jurisdiction or in bar of trial made, taken or offered at a court-martial by the accused shall be construed as including any address, request, application, claim, submission, objection or plea to the jurisdiction or in bar of trial made, taken or offered at a court-martial by his defending officer or counsel on his behalf.
(3) If the accused is to be defended at his court-martial by counsel not nominated by the convening officer the accused shall give the convening officer notice of this fact not less than 24 hours before his trial.
PART XIX
POWERS AND DUTIES OF THE JUDGE ADVOCATE
79. General duties of judge advocate
(1) The judge advocate shall be responsible for the proper discharge of his functions to the Chief Justice.
(2) The prosecutor and the accused respectively are at all times after the judge advocate is named to act at the trial entitled to his opinion on any question of law or procedure relative to the charge or trial whether he is in or out of court, subject when he is in court to the permission of the court.
(3) On the assembly of the court the judge advocate shall advise the court of any defect in the constitution of the court or in the charge sheet, and during the trial he shall advise the court upon all questions of law or procedure which may arise. The court shall accept his advice on all such matters unless they have weighty reasons for not doing so, and if the court do not accept it their reasons for not doing so shall be recorded in the proceedings.
(4) After the closing addresses the judge advocate shall sum up the evidence and advise the court upon the law relating to the case before the court close to deliberate on their finding. If in the course of deliberating on their finding the court require further advice from the judge advocate, they shall suspend their deliberation and ask and be given such advice in open court.
(5) If, when the court announce a finding of guilty or a special finding under either section 97 of the Act or rule 65(3), the judge advocate is of the opinion that such finding or special finding is contrary to the law relating to the case, he shall once more but not more than once more, advise the court what findings are, in his opinion, open to them. The court shall then reconsider their finding in closed court. The record of the proceedings relating to such reconsideration shall be in the form set out in the Fourth Schedule.
(6) The judge advocate shall be present whenever the court is sitting whether in open or closed court, except when the court is deliberating on the finding on the charge or on a revision thereof.
(7) The judge advocate has equally with the president the duty of ensuring that the accused does not suffer any disadvantage in consequence of his position as such or of his ignorance or of his incapacity to examine or cross-examine witnesses, or to make his own evidence clear and intelligible, or otherwise.
(8) The judge advocate shall be responsible for seeing that a proper record of the proceedings is made in accordance with rule 91 and responsible for the safe custody of the record of the proceedings under rule 93.
80. Judge advocate sitting alone
(1) Where there is a judge advocate and—
(a) during the course of a trial any question as to the admissibility of evidence arises; or
(b) during a joint trial an application is made by any of the accused for a separate trial; or
(c) an application is made by an accused that a charge should be tried separately;
the president may direct that the point at issue shall be determined by the judge advocate in the absence of the president and the members of the court and of any officer under instruction. Where the president so directs he, the members of the court and any officer under instruction shall withdraw from the court.
(2) The judge advocate shall, when the president and members of the court and any officer under instruction have withdrawn in accordance with sub-rule (1), hear the arguments and evidence relative to the point at issue and shall give his ruling upon this point and such reasons therefor as he may consider necessary. After the judge advocate has given his ruling, the president and members of the court and any officer under instruction shall return to the court room and the judge advocate shall announce his ruling to them and the court shall follow his ruling.
(3) When a judge advocate sits alone in accordance with this rule the proceedings before him shall form part of the proceedings of the court, and sub-section (1) of section 62, sections 63 and 92, sub-sections (1) and (2) of section 93, and sections 94, 98, 99, 100 and 101 of the Act and rules 33, 50, 51, 52, 53, 54, 55, 56, 77, 78, 84, 85, 86, 90, 91, 92, 93, 96, 97 and 105 shall apply to proceedings before the judge advocate sitting alone as they apply to proceedings before the president and members of the court, anything which is authorised by those sections and those rules to be done by the court or by the president may be done by the judge advocate when sitting alone.
(4) When a judge advocate is sitting alone in accordance with this rule and a person subject to military law commits an offence against sub-section (1) of section 62 of the Act, the judge advocate shall report the occurrence to the president who shall take such action as he considers appropriate.
(5) The judge advocate shall be responsible for ensuring that the president and members do not see the record of the proceedings before the judge advocate when sitting alone until after the court has announced its finding.
PART XX
WITHDRAWAL AND
81. Withdrawal of charge sheet and charges
A court may, with the concurrence of the convening officer (which may be signified by the prosecutor), allow the prosecutor to withdraw a charge before the accused is arraigned on any charge thereon or a charge sheet before the accused is arraigned on any charge therein.
82. Amendment of charge sheets and charges by court
(1) At any time during a trial if it appears to the court that there is in the charge sheet—
(a) a mistake in the name or description of the accused;
(b) a mistake which is attributable to a clerical error or omission;
the court may amend the charge sheet so as to correct the mistake.
(2) If at any time during a trial at which there is a judge advocate it appears to the court, before they close to deliberate on their finding, that it is desirable in the interests of justice to make any addition to, omission from or alteration in, a charge which cannot be made under sub-rule (1) they may, if such addition, omission or alteration can be made without unfairness to the accused, so amend the charge if the judge advocate concurs.
(3) If at any time during a trial at which there is no judge advocate it appears to the court, before they close to deliberate on their finding, that in the interests of justice it is desirable to make any addition to, omission from or alteration in a charge which cannot be made under sub-rule (1), they may adjourn and report their opinion to the convening officer, who may—
(a) amend the charge if permissible under rule 83 and direct the court to try it as amended after due notice of the amendment has been given to the accused; or
(b) direct the court to proceed with the trial of the charge without amending it; or
(c) convene a fresh court to try the accused.
83. Amendment of charges by convening officer
When a court report to the convening officer under either rule 36(2) or 82(3), he may amend the charge in respect of which they have reported to him by making any addition to, omission from or alteration in the charge which, in his opinion, is desirable in the interests of justice and which he is satisfied can be made without unfairness to the accused.
PART XXI
SITTINGS AND ADJOURNMENT OF THE COURT
Subject to the provisions of the Act and of these Rules relating to adjournment, a trial shall be continued from day to day and the court shall sit for such time each day as may be reasonable in the circumstances:
Provided that the court shall not sit on Sunday, Christmas Day, or Good Friday, unless in the opinion of the court or of the convening officer the exigencies of the service make it necessary to do so.
(1) During a trial the court may adjourn from time to time and from place to place as the interests of justice require.
(2) A court may adjourn at any time to consult the convening officer on a point of law.
(3) If during a trial any reason emerges which makes it advisable that the court should not continue to hear the case, the court shall adjourn and report thereon to the convening officer.
(4) If at any time during a trial the accused becomes ill and it appears to the court that the illness is such that it will be impracticable to continue the trial, the court shall ascertain the facts of the illness and shall then adjourn and report to the convening officer.
View by court If at any time during a trial before the court close to deliberate on their finding it appears to the court that they should, in the interests of justice, view any place or thing, they may adjourn for this purpose. When the court view any place or thing the president, members of the court, judge advocate (if any), prosecutor, accused and defending officer or counsel (if any) shall be present.
87. Absence of president, members or judge advocate
(1) If after the commencement of a trial the president dies or is otherwise unable to attend, the court shall adjourn and the senior member shall report to the convening officer.
(2) If after the commencement of a trial any member of the court dies or is otherwise unable to attend, the court, if not thereby reduced below the legal minimum, shall continue with the trial, but if reduced below the legal minimum the court shall adjourn and the president shall report to the convening officer.
(3) If a judge advocate who has been appointed to act at a trial dies or is otherwise unable to attend, the court shall adjourn and report to the convening officer.
(4) If the president or a member of the court is absent during any part of a trial, he shall take no further part in it and the like steps shall be taken as if the president or member, as the case may be, had died.
(5) An officer cannot be added to the court after the accused has been arraigned.
PART XXII
INSANITY
(1) If at any time during a trial it appears to the court that the accused may be unfit to stand his trial by reason of insanity, they shall take evidence as to his mental condition. If the court after considering the evidence are of the opinion that the accused is fit to stand his trial, they shall proceed with the trial; but if they are of the opinion that the accused is unfit to stand his trial by reason of insanity, they shall so find and their finding shall be announced in open court forthwith and as being subject to confirmation.
(2) If a court, in the course of their deliberation on their finding on a charge find pursuant to sub-section (2) of section 111 of the Act that the accused was guilty of the offence but was insane at the time of the act or omission which constituted it, their finding shall be announced in open court forthwith and as being subject to confirmation.
(3) Immediately after a finding has been announced under either sub-rule (1) or (2), the president shall announce in open court that the proceedings are terminated and thereupon the president and the judge advocate (if any) shall date and sign the record of the proceedings. The president or judge advocate shall then forward it as directed in the convening order.
PART XXIII
INTERVIEWING AND
(1) The prosecution shall not, without the consent of the convening officer, or, after the trial has begun, without the consent of the president, interview any witness who was called for the defence at the taking of the summary of evidence or whose attendance at the trial the accused has requested in accordance with rule 24 (e), or who has made a statutory declaration, a copy of which the accused has served on the prosecution in accordance with section 98 of the Act.
(2) Except as provided in rule 49, neither the accused nor any person on his behalf shall, without the consent of the convening officer, or, after the trial has begun, without the consent of the president, interview any witness who was called for the prosecution at the taking of the summary of evidence or whose evidence is included in the abstract of evidence, or in respect of whom the prosecution have given the accused notice under rule 48 that they intend to call him as a witness at the trial, or who has made a statutory declaration a copy of which the prosecution have served on the accused in accordance with section 98 of the Act.
90. Procuring attendance of witnesses
(1) A witness who is subject to service law may be ordered by the proper military authority to attend at the taking of a summary of evidence or a trial by court-martial.
(2) A witness who is not subject to service law may be summoned to attend—
(a) the taking of a summary of evidence by an order under the hand of the commanding officer of the accused; or
(b) a trial by court-martial by an order under the hand of an officer authorised to convene a court-martial or of a staff officer on his behalf, or, after the assembly of the court, of the president.
(3) The summons referred to in sub-rule (2) shall, when it relates to the taking of a summary of evidence, be in the appropriate form set out in the First Schedule and, when it relates to a trial by court-martial, be in the appropriate form set out in the Fourth Schedule, and shall be served on the witness either personally or by leaving it with some person at the witness's normal place of abode.
(4) At the time of service of the summons referred to in sub-rule (2) there shall be paid or tendered any expenses which, by regulations made under the Act, are payable to a witness in respect of his journey to, attendance at and return from the taking of the summary of evidence or the trial, as the case may be:
Provided that for the purpose of this sub-rule—
(i) the tender of a warrant or voucher entitling the witness to travel free of charge shall be deemed to constitute tender of his expenses in respect of any travelling authorised by the warrant or voucher; and
(ii) the tender of a written undertaking on behalf of the Government to defray at the taking of the summary of evidence or the trial, as the case may be, any other expenses payable under such regulations in respect of the witness's attendance shall be deemed to constitute tender of these expenses.
(5) The provisions of section 100 of the Act shall apply in relation to proceedings at the taking of a summary of evidence as they apply in relation to proceedings at a court-martial and when so applied they shall be construed as though the words "officer taking the summary of evidence" were substituted for the words "president of the court-martial".
PART XXIV
RECORD OF PROCEEDINGS
The proceedings of courts-martial shall be recorded in accordance with the following provisions:
(a) the proceedings of a court-martial shall be recorded in writing in accordance with the appropriate form set out in the Fourth Schedule and in sufficient detail to enable the confirming officer to follow the course of the proceedings and to judge of the merits of the case;
(b) when there is no shorthand writer present, the evidence shall be taken down in narrative form as nearly as possible in the words used:
Provided that if the court, judge advocate, prosecutor or accused consider it necessary any particular question and answer shall be taken down verbatim;
(c) when an objection, submission or application is made during a trial at which there is no shorthand writer, a record shall be made of the proceedings relating to such objection, submission or application if and in such detail as the court or judge advocate thinks fit:
Provided that if the prosecutor or accused so requests, a note shall be made of the objection, submission or application, the grounds therefor, the advice of the judge advocate (if any) thereon and the decision of the court;
(d) when any address by the prosecutor or the accused or summing-up of the judge advocate is not in writing and there is no shorthand writer present, it shall only be necessary to record so much of such address or summing-up as the court or judge advocate thinks proper:
Provided that if the prosecutor or accused so requests a note shall be made of any particular point in such address or summing-up;
(e) there shall not be recorded in the record of the proceedings any matter not forming part of the trial; but if any comment or report seems to the court to be necessary, the president may forward it to the proper military authority in a separate document.
(1) Subject to sub-rule (2), any documents or thing admitted in evidence shall be made an exhibit.
(2) When an original document or book is produced to the court by a witness, the court may, at the request of the witness, compare a copy of it or an extract of the relevant parts therefrom with the original, and after they have satisfied themselves that such copy or extract is correct and the president or the judge advocate has certified thereon that the court has compared it with the original and found it correct, the court may return the document or book to the witness and attach the copy or extract to the record of the proceedings as an exhibit.
(3) Every exhibit shall—
(a) be marked with a number or letter and be signed by the president or have a label bearing a number or letter and the signature of the president affixed to it;
(b) be attached to or kept with the record of the proceedings, unless in the opinion of the court having regard to the nature of the exhibit or for other good reason it is not expedient to attach it to or keep it with the record.
(4) When an exhibit is not attached to or kept with the record of the proceedings under sub-rule (3)(b), the president shall ensure that proper steps are taken for its safe custody.
93. Custody and inspection of record of proceedings during trial
(1) During a trial at which there is no judge advocate, the record of the proceedings and the exhibits shall be deemed to be in the custody of the president. During a trial at which there is a judge advocate, the record and the exhibits shall be deemed to be in the custody of the judge advocate, save when he is not present in closed court when they shall be deemed to be in the custody of the president.
(2) With the permission of the court, the prosecutor or the accused may at any reasonable time before the trial is concluded have a particular part of the record of the proceedings read to him, and, if proper precautions are taken for its safety, inspect any exhibit.
PART XXV
CONFIRMATION, REVISION AND PROMULGATION
94. Confirmation and promulgation
(1) When a confirming officer receives the record of the proceedings of a court-martial and the finding of the court requires confirmation, he shall record his decision thereon and on any sentence and any order which the court may have made under section 126 of the Act, on the record of the proceedings in the appropriate form set out in the Fourth Schedule, and such record of his decision shall form part of the record of the proceedings.
(2) When a court have accepted a plea of guilty made under rule 40(2), the confirming officer may confirm their finding notwithstanding that the court have accepted the plea without the concurrence of the convening officer if, in the opinion of the confirming officer, it is in the interests of justice to do so.
(3) When a court have rejected a plea to the jurisdiction of the court or a plea in bar of trial or have overruled an objection to a charge, it shall not be necessary for the confirming officer to approve specifically the decision of the court, but his approval shall be implied from his confirming the finding on the charge to which the plea or objection relates.
(4) A confirming officer may state his reasons for withholding confirmation in any case, but if he withholds confirmation where a court have rejected a plea to the jurisdiction or a plea in bar of trial or have overruled an objection to the charge, because he disapproves this decision of the court, he shall, when recording his decision under sub-rule (1), state that he has withheld confirmation for this reason.
(5) If the sentence of a court-martial is informally expressed, the confirming officer may, in confirming the sentence, vary the form thereof so that it shall be properly expressed.
(6) Whenever it appears that there is sufficient evidence or a plea of guilty under either sub-rule (1) or (2) of rule 40 to justify the finding of the court, such finding and any lawful sentence consequent thereon may be confirmed, and if confirmed, shall be valid, notwithstanding any deviation from these Rules, if the accused has not been prejudiced by such deviation.
(7) When a confirming officer has confirmed a finding and sentence of a court or has withheld confirmation thereof, he shall send the record of the proceedings to the commanding officer of the accused for promulgation to the accused of the finding and sentence, or of the fact that confirmation has been withheld, as the case may be. The fact of promulgation shall be recorded on the record of the proceedings in the form set out in the Fourth Schedule. If confirmation has been withheld because the confirming officer disapproves the court's decision to reject a plea to the jurisdiction or a plea in bar of trial or to overrule an objection to the charge, the accused shall be so informed.
(1) The proceedings and decision of a court on revision shall be recorded on the record of the proceedings in the appropriate form set out in the Fourth Schedule, and the president shall date and sign such record and decision and return it to the confirming officer after it has been signed by the judge advocate (if any).
(2) When an accused is acquitted on revision, the revised finding shall be communicated to the accused in such manner as may be specified by the confirming officer.
PART XXVI
LOSS OF PROCEEDINGS
96. Loss of original record of proceedings before confirmation
(1) If before confirmation the whole or any part of the original record of the proceedings of a court-martial is lost and a copy exists, such copy may, if the president or the judge advocate certifies it to be correct, be accepted and used in lieu of the original.
(2) If before confirmation the whole or any part of the original record of the proceedings of a court-martial is lost and no copy thereof exists, but evidence of the proceedings of the court can be procured to enable the record or part thereof which has been lost to be reconstituted sufficiently to permit the confirming officer to follow the course of the proceedings and to judge of the merits of the case, the record as so reconstituted may, with the consent of the accused, be accepted and used in lieu of the original.
Provided that where part only of the original record of the proceedings of a court-martial has been lost, and the part which remains is sufficient to enable the confirming officer to follow the course of the proceedings and judge of the merits of the case, such remaining part may, with the consent of the accused, be accepted and used as if it were the complete record, and in such case it shall not be necessary to reconstitute the part of the record which has been lost.
(3) If before confirmation the whole or any part of the original record of the proceedings of a court-martial is lost and such loss cannot be made good under either sub-rule (1) or (2), the confirming officer shall withhold confirmation and shall record his decision in the appropriate form set out in the Fourth Schedule.
97. Loss of original record of proceedings after confirmation
If after confirmation the whole or any part of the original record of the proceedings of a court-martial is lost and a copy thereof is certified by the president or the judge advocate to be correct, or a sufficient record of the charge, finding, sentence and proceedings before the court and of the confirmation of the finding and sentence remains or can be reconstituted to permit of the case being reviewed or the sentence reconsidered, such copy or reconstituted record or remaining part of the record may be accepted and used in lieu of the original.
PART XXVII
CUSTODY OF THE RECORD AFTER CONFIRMATION AND COST OF COPIES THEREOF
98. Custody and preservation of record of proceedings after confirmation
For the purposes of sub-section (1) of section 129 of the Act, the prescribed period during which the record of the proceedings of a court-martial shall be kept in custody of the Commander shall be six years from the conclusion of the trial.
99. Cost of copies of record of proceedings
The rate at which copies of the record of the proceedings of a court-martial shall be supplied in accordance with sub-sections (2) and (3) of section 129 of the Act shall be the estimated cost of the copy required not exceeding three >ngwee> for every folio of 72 words.
PART XXVIII
PETITIONS
(1) If an accused who has been sentenced by a court-martial wishes to petition before confirmation against the finding or sentence or both, he shall present a petition to the confirming officer in the appropriate form set out in the Seventh Schedule.
(2) If an accused who has been sentenced by court-martial wishes to petition after promulgation against the finding, he shall present a petition to a reviewing authority at any time within six months of promulgation in the appropriate form set out in the Seventh Schedule.
(3) If an accused who has been sentenced by a court-martial wishes to petition after promulgation against the sentence, he shall present a petition to a reviewing authority or an officer authorised to reconsider a sentence of a court-martial under section 109 of the Act at any time within six months of promulgation in the appropriate form set out in the Seventh Schedule.
PART XXIX
MISCELLANEOUS PROVISIONS
101. Notice requiring oral evidence in lieu of statutory declaration
A notice under proviso (iii) to sub-section (2) of section 98 of the Act requiring that oral evidence shall be given in lieu of a statutory declaration shall be in the appropriate form set out in the Fourth Schedule.
102. Exceptions from Rules on account of exigencies of service
(1) Where in the opinion of the officer who is or would be responsible for convening a court-martial to try the accused or, if he is not available, of the senior officer on the spot, the exigencies of the service render compliance with all or any of the provisions of the rules mentioned in sub-rule (4) impracticable, the officer who is or would be responsible for convening a court-martial to try the accused, or the senior officer on the spot, as the case may be, may make a declaration to that effect in the appropriate form set out in the Fourth Schedule.
(2) Any declaration made under sub-rule (1) by the senior officer on the spot shall be forwarded by him as soon as possible to the officer who is or would be responsible for convening a court-martial to try the accused.
(3) When a declaration has been made under sub-rule (1), it shall not be necessary to comply with any provision of these Rules which is mentioned in such declaration and these Rules shall be construed accordingly.
(4) The provisions of these Rules in respect of which a declaration may be made under sub-rule (1) are—
(a) provisos (i) and (ii) to rule 6(2);
(b) rule 8(b) in so far as it relates to the accused's right to insist that a witness shall be compelled to attend the taking of a summary of evidence for cross-examination;
(c) rule 18 in so far as it provides that the documents specified therein must be given to the accused not less than 24 hours before the appropriate superior authority investigates and deals summarily with the charge;
(d) rule 24 paragraphs (b) and (c), and paragraph (d) in so far as it provides that the documents specified therein shall be given to the accused not less than 24 hours before his trial.
(5) If an accused is brought to trial by court-martial or is dealt with summarily by an appropriate superior authority, any declaration which has been made in his case under sub-rule (1) shall be attached to the record of the proceedings of the court-martial or to the record made by the appropriate superior authority, as the case may be.
103. Exceptions from Rules in interests of security
(1) When in the opinion of the officer who is or would be responsible for convening a court-martial to try the accused, or, if he is not available, of the senior officer on the spot, a charge sheet, summary or abstract of evidence or other document which, or a copy of which, is required under these Rules to be given to an accused contains information the disclosure of which would or might be directly or indirectly useful to an enemy, the officer who is or would be responsible for convening a court-martial to try the accused, or the senior officer on the spot, as the case may be, may make a declaration to that effect in the appropriate form set out in the Fourth Schedule specifying the document concerned.
(2) Any declaration made under sub-rule (1) by the senior officer on the spot shall be forwarded by him as soon as possible to the officer who is or would be responsible for convening a court-martial to try the accused.
(3) When a declaration has been made under sub-rule (1) it shall not be necessary to give to the accused any document mentioned in that declaration, or any copy of such a document, and it shall be a sufficient compliance with these Rules if the accused is given a proper opportunity to inspect such document while preparing and making his defence.
(4) If an accused is brought to trial by court-martial or is dealt with summarily by an appropriate superior authority, any declaration which has been made in his case under sub-rule (1) shall be attached to the record of the proceedings of the court-martial or to the record made by the appropriate superior authority, as the case may be.
104. Deviations from forms in Schedules
A deviation or omission from a form or form of words set out in a Schedule to these Rules shall not, by reason only of such deviation or omission, render any document, act or proceeding invalid.
105. Cases not covered by Rules
In any case not provided for by these Rules such course shall be adopted as appears best calculated to do justice.
[Rules 4, 8, 9 and 90]
FORMS FOR COMMANDING OFFICERS
1. Delay Report
2. Summary of Evidence
3. Abstract of Evidence
4. Certificate to be Attached to Abstract of Evidence after it has been Handed to the Accused
5. Summons to a Witness to Attend the Taking of a Summary of Evidence
| 1. DELAY REPORT |
| Unit Address: .................................................. Tel. To: .................................................. (Convening Officer) |
| ................. EIGHT-DAY DELAY REPORT |
| Pursuant to section 78(2) of the Defence Act Number, rank, name of accused |
| Date placed in arrest ................................ 19 ......> |
| Alleged Offence(s) Date of Alleged Offence(s) ..................................................... ...................................................... The accused is in >close> arrest open The reasons for his retention in arrest are |
| The >abstract> of evidence summary | {> | was taken on 20 ...... has not yet been taken because |
| 2"/>Application for trial | {> | was made on 20 ......has not yet been made because |
| 2"/>Attorney-General | {> | was consulted on 20 ......has not yet been consulted because |
| 2"/>Attorney-General's advice | {> | was received on 20 ....has not yet been received. |
| 2"/>Action | {> | is being taken has been taken | }> | on Attorney-General's advice as follows |
| 2"/>Date of trial | {> | has not yet been fixed. has been fixed as 20 ...... |
| Reasons for delay since last report Date .................................................................... , 20 Officer commanding accused's unit (To be signed personally by the C.O.) 1"/>Insert "1st", "2nd", "3rd", "Final", or as the case may be. 2"/>Strike out words not applicable. |
| 2. SUMMARY OF EVIDENCE |
| Summary of evidence in the case of (number, rank, name, unit or other description). Taken by [the commanding officer of the accused] [ (rank, name, unit) on the direction of the commanding officer of the accused]. |
(number, rank, name, unit, or other description) having been duly sworn states- (Cross-examined by the accused) Question 1 Answer 1 | witness for the prosecution |
or (The accused declines to cross-examine this witness.) (Signature and rank (if any) of witness) |
| or (number, rank, name, unit, or other description). A written statement of this witness's evidence purporting to be signed by him has been read to the accused and is included in this summary at page ......... Having regard to (insert grounds for non-attendance of witness-see rule 8 (b)) the attendance of this witness cannot in my opinion be readily procured. [The accused does not demand the attendance of this witness for cross-examination.] [The accused demands the attendance of this witness for cross-examination but the witness is not compellable and has refused to attend.] (Signature of officer taking the summary of evidence) | witness for the prosecution> |
The accused having been duly cautioned in accordance with Rule of Procedure 8 (c) reserves his defence. or The accused having been duly cautioned in accordance with Rule of Procedure 8 (c) elects [to give evidence on oath] [to make a statement without being sworn] and to call a witness(es). |
| The accused (number, rank, name, unit, or other description) having been duly sworn states: (Signature and rank (if any) of accused if he signs) | witness for the defence> |
| (number, rank, name, unit, or other description) having been duly sworn states: (Signature and rank (if any) of witness) Certified that Rule of Procedure 8 has been complied with. This summary of evidence was taken by me at in the presence and hearing of the accused on the day(s) of .......................... , 20 ...... (Signature and rank of officer taking the summary of evidence) | ...... witness for the defence> |
| 3. ABSTRACT OF EVIDENCE |
| Abstract of evidence in the case of (number, rank, name, unit, or other description) consisting of the (insert the number of statements) attached statements and (insert the number of precis) precis of evidence of witnesses for the prosecution and compiled by me [the commanding officer of the accused] [on the direction of the commanding officer of the accused]. Date ......................................., 20 .............. (Signature and rank) __________ |
| 4. CERTIFICATE TO BE ATTACHED TO ABSTRACT OF EVIDENCE AFTER IT HAS BEEN HANDED TO THE ACCUSED |
| Certified that I today handed to the accused the abstract of evidence relating to him dated the day of ........................... , 20......... and duly cautioned him in accordance with Rule of Procedure 9(2) and that he [elected to make and sign the statement dated the day of ..................... , 20...... which is marked and attached to this certificate] [did not make a statement]. Date ......................................., 20 .............. (Signature of certifying officer) __________ |
| 5. SUMMONS TO A WITNESS TO ATTEND THE TAKING OF A SUMMARY OF EVIDENCE |
To ....................................... WHEREAS a charge has been preferred against AND WHEREAS I have directed a summary of the evidence to be taken at on the ........................ day of .............................. , 20 ........ YOU ARE PURSUANT TO SECTION 131 OF THE DEFENCE ACT AND RULE 90 OF THE DEFENCE FORCE (PROCEDURE) RULES MADE THEREUNDER HEREBY SUMMONED and required to attend as a witness the taking of the said summary of evidence at on the ...................... day of .................... , 20...... at ................ o'clock in the .................noon, and to bring with you the documents hereinafter mentioned, viz: Whereof you shall fail at your peril. Given under my hand at on the ................................... day of............................. , 20 ...... (Signature, rank and unit) Commanding officer of the accused |
[Rules 13 and 14]
CHARGE SHEETS
1. Commencement of Charge Sheets>
2. Statement of Offences>
3. Illustrations of Charge Sheets>
[Rule 19]
RECORD OF PROCEEDINGS BEFORE AN APPROPRIATE SUPERIOR AUTHORITY>
Accused's Number, Rank And Name
UNIT
1. Question to be put to the accused by the officer dealing with the case before the charge is read.
Q. Have you received a copy of the charge sheet and [summary] [abstract] of evidence not less than 24 hours ago?
A.
Q Have you had sufficient time to prepare your defence?
A.
2. The officer dealing with the case shall then read the charge(s) to the accused and ask him the following question:
Q. Have you agreed in writing that the witnesses against you need not give their evidence in person?
A.
3. If the accused has agreed in writing that the witnesses against him need not give their evidence in person, the officer dealing with the case shall read the summary or abstract of evidence to the accused if the accused so requires but, if the accused has not so agreed, the witnesses against him shall give their evidence in person and it shall be recorded on a separate sheet and be attached to this record.
4. After the summary or abstract of evidence has been read or the witnesses against the accused have given their evidence, as the case may be, the officer dealing with the case shall say to the accused-
Q. Do you wish to give evidence on oath or to make or hand in a statement without being sworn? Your evidence or statement may deal with the facts of the case, with your character and with matters in mitigation of punishment.
A.
Q. Do you wish to adduce any other evidence in your defence?
A.
5. If the accused elects to give evidence or to make a statement or to call witnesses, the evidence for the defence including any statement made by the accused himself shall be recorded on a separate sheet and attached to this record. The officer dealing with the case shall then: (i) consider all the evidence and determine whether the accused is guilty of the offence or not; and (ii) he determines that the accused is guilty examine and consider the accused's record of service. If he intends to award the punishment of forfeiture of seniority of rank or of a fine or of stoppages or the finding will involve a forfeiture of pay, he shall not announce and record his finding unless the accused says in answer to the following question that he will accept his award.
Q. Will you accept my award or do you elect to be tried by court-martial?
A
6. FINDING
AWARD
Date .................................... 20 .......
(Signature, rank and appointment of appropriate superior authority)
[Rules 21, 66, 70, 79, 90, 91, 94, 95, 96, 101, 102 and 103]
COURT-MARTIAL FORMS
1. Convening Orders
2. Declarations under Rules 102 and 103
3. Summons to a Witness to Attend a Court-martial
4. Notices Requiring Oral Evidence to be Given in lieu of a Statutory Declaration
5. Record of Proceedings of a Court-martial
6. Findings
7. Record of Reconsideration of Finding under Rule 79(5)
8. Service Record of Accused
9. Record of Proceedings on Revision under Section 104 of the Defence Act
10. Confirmation
11. Determination by a Confirming Officer or Reviewing Authority of a Suspended Sentence and Direction that Sentences are to Run Concurrently or Consecutively
12. Direction under Section 118(3) of the Defence Act
13. Restitution Order
14. Promulgation
1. CONVENING ORDERS>
CONVENING ORDERS FOR COURT-MARTIAL
ORDERS BY
Commanding
(Place and date)
The detail of officers as mentioned below will assemble at ................... hours on the ........................ day of ........................... 20.....
for the purpose of trying by court-martial the accused person(s) named in the margin.
| PRESIDENT MEMBERS |
| WAITING MEMBERS |
| *JUDGE ADVOCATE The judge advocate has been appointed by or on behalf of the Vice-President .. is hereby appointed judge advocate. * A field officer having suitable qualifications is not in the opinion of the convening officer available with due regard to the public service. The record of the proceedings will be forwarded to Signed this ............... day of ...................... , 20...... |
| (Signature, rank and appointment of the convening officer) or |
| (Signature, rank and appointment of the appropriate staff officer) Authorised to sign for (appointment held by the convening officer) * Strike out if not applicable. |
| 2. DECLARATIONS UNDER RULES 102 AND 103 |
| Declaration under Rule of Procedure 102 In the case of I [the officer who [is] [would be] responsible for convening a court-martial to try the accused] [the senior officer on the spot] hereby declare that in my opinion the following exigencies of the service, namely render compliance with the following provisions of the Rules of Procedure impracticable. Signed at this ............................................. day of .......................... , 20 ....... |
| (Signature) |
Declaration under Rule of Procedure 103 In the case of I [the officer who [is] [would be] responsible for convening a court-martial to try the accused] [the senior officer on the spot] hereby declare that in my opinion the contain(s) information the disclosure of which would or might be directly or indirectly useful to an enemy. Signed at this ............................................. day of ........................... , 20 ....... |
| (Signature) |
| 3. SUMMONS TO A WITNESS TO ATTEND A COURT-MARTIAL |
| To ......................................... WHEREAS a court-martial [has been ordered to assemble at ] [has assembled at ......................... ] on the .............. day of ......................., 20..... for the trial of YOU ARE PURSUANT TO SECTION 131 OF THE DEFENCE ACT AND RULE 90 OF THE DEFENCE FORCE (PROCEDURE) RULES MADE THEREUNDER SUMMONED and required to attend as a witness at the sitting of the said court at on the ............................... day of ................, 20....... at ....................... o'clock in the .................. noon and to bring with you the documents hereinafter mentioned, viz and so to attend from day to day until you shall be duly discharged; whereof you shall fail at your peril. Given under any hand at ................. on the day of ........................., 20....... |
| (Signature, rank and appointment) An officer authorised to convene a court-martial.* President of the court.* Authorised to sign for An officer authorised to convene a court-martial.* |
| *Strike out if not applicable. ....................... |
| 4. NOTICE REQUIRING ORAL EVIDENCE TO BE GIVEN IN LIEU OF A STATUTORY DECLARATION |
| Notice by a commanding officer To.............................................. I commanding ......................... hereby give notice that I require that shall give oral evidence in lieu of [his] [her] statutory declaration dated at your forthcoming trial by court-martial. Date.................................................., 20...... |
| (Signature and rank) Commanding officer of the accused |
| Notice by an accused To commanding ........................... I hereby give notice that I require that shall give oral evidence in lieu of [his] [her] statutory declaration dated at my forthcoming trial by court-martial. Date ......................................, 20 .......... ...... |
| (Signature) |
| 5. RECORD OF PROCEEDINGS OF A COURT-MARTIAL |
| A> | PAGE 1> |
| RECORD OF PROCEEDINGS OF A COURT-MARTIAL Proceedings of a ................................ court-martial held at on the day of ........................ , 20 ....... by order of Commanding ........................................ dated the day of ...................................... , 20....... |
| PRESIDENT |
| MEMBERS |
| JUDGE ADVOCATE Trial of The court comply with Rule of Procedure 25. not being available owing to the president appoints a qualified waiting member to take his place. The accused is brought before the court. Prosecutor Defending [officer] [counsel] At ............................ hours the trial begins. The convening order is read in the hearing of the accused, marked signed by the president and attached to the record. The names of the president and members of the court are read in the hearing of the accused and they severally answer to their names. Q Do you object to being tried by me as president, or by any of the officers whose names you have heard read? A The proceedings relating to the objection(s) are recorded on ....................... B | PAGE 2> |
| SWEARING The president, members of the court and judge advocate are duly sworn. The [following] officers under instruction [listed on page .........] are duly sworn. Q Do you object to as shorthand writer? A. is duly sworn as shorthand writer. Q Do you object to as interpreter? A. is duly sworn as interpreter. |
| SPECIAL PLEAS AND OBJECTIONS The accused offers a plea to the jurisdiction under Rule of Procedure 35. The proceedings relating to his plea are recorded on page ..... The accused objects to the charge(s) under Rule of Procedure 36. The proceedings relating to his objection(s) are recorded on page ....... The accused offers (a) plea(s) in bar of trial under Rule of Procedure 37 in respect of the charge(s). The proceedings relating to his plea(s) are recorded on page ... ..... The accused applies under Rule of Procedure 38 to be tried separately. The proceedings relating to his plea(s) are recorded on page ........ The accused applies under Rule of Procedure 39 to have charges and tried separately. The proceedings relating to his application are recorded on page ........ C1 > | PAGE....> |
ARRANGEMENT
The charge sheet is read to the accused and he is arraigned on each charge.
The charge sheet is signed by the president and inserted in the record immediately before this page as page(s) .....
Q. Are you guilty or not guilty of the first charge against you which you have heard read?
A.
Q. Are you guilty or not guilty of the second charge against you which you have heard read?
A.
Q. Are you guilty or not guilty of the third charge against you which you have heard read?
A.
Q. Are you guilty or not guilty of the fourth charge against you which you have heard read?
A.
Q. Are you guilty or not guilty of the fifth charge against you which you have heard read?
A.
Q. Are you guilty or not guilty of the sixth charge against you which you have heard read?
A.
The accused having pleaded guilty to the. charge(s) Rule of Procedure 41 is duly complied with in respect of [this] [these] charge(s).
The accused' pleas to the remaining charges are recorded overleaf.
C2 PAGE .......
Q. Are you guilty or not guilty of the seventh charge against you which you have heard read?
A.
Q. Are you guilty or not guilty of the eighth charge against you which you have heard read?
A.
Q. Are you guilty or not guilty of the ninth charge against you which you have heard read?
A.
Q. Are you guilty or not guilty of the tenth charge against you which you have heard read?
A.
Q. Are you guilty or not guilty of the eleventh charge against you which you have heard read?
A.
Q. Are you guilty or not guilty of the twelfth charge against you which you have heard read?
A.
D1 PAGE .......
PROCEEDINGS ON PLEA(S) OF NOT GUILTY Q. Do you wish to apply for an adjournment on the ground that any of the rules relating to procedure before trial have not been complied with, and that you have been prejudiced thereby, or on the ground that you have not had sufficient opportunity for preparing your defence? A. The prosecutor [makes an opening address shortly outlining the facts] [makes an opening address which is summarised below] [hands in a written address which is read, signed by the president, marked and attached to the record].
| PAGE ......> |
| PAGE ...... |
PROCEEDINGS ON PLEA(S) OF NOT GUILTY (continued) The prosecution is closed. The accused submits under Rule of Procedure 57 that there is no case for him to answer in respect of the charge(s). The proceedings relating to this submission are recorded on pages ............... |
| DEFENCE Rule of Procedure 58 is complied with. Q. Do you apply to give evidence yourself on oath or do you wish to make a statement without being sworn? A. Q. Do you intend to call any other person as a witness in your defence? A. Q. Is he a witness as to fact or to character only? A. |
| * | Q. Do you wish to make an opening address? A. The accused [makes an opening address which is summarised below] [hands in a written address which is read, signed by the president, marked and attached to the record].> |
* Strike out if accused does not intend to call witnesses as to fact, other than himself. ..................... D4 (Where the accused makes a statement without being sworn) The accused [makes a statement, which is recorded on page ] [hands in a written statement which is read, marked and signed by the president, and attached to the record]. | PAGE ......> |
(Where evidence on oath is given for the defence) The witness for the defence (including the accused if sworn) are called, ........................ being duly sworn says: Continued on page ............ ...................... D5 | PAGE ......> |
| PROCEEDINGS ON PLEA(S) OF NOT GUILTY (continued) The [makes a closing address which is summarised on page .............] [hands in a closing address which is read, marked , signed by the president and attached to the record]. |
| * | Final question addressed to the accused personally. Q Is there anything further that you wish to say to the court? A. The accused makes a statement which is recorded on page ......> |
| The court close to deliberate on sentence. * Strike out if F1 is completed before F2. ..................... |
F2 |
PROCEEDINGS ON CONVICTION (NOTE.-F2 should be completed before F1 if the accused has pleaded not guilty to all charges.) The prosecutor calls evidence as to the accused's character and record. is duly sworn. Q. Do you produce the service record of the accused? A. I produce. Q. Have you compared it with the service books? A. Q. Do the entries on it correspond with the entries in the service books? A. The ........................................... is read, marked , signed by the president and attached to the record. The accused [declines] [elects] to cross-examine this witness [and the cross-examination is recorded on pages ..........]. The prosecutor adduces evidence under Rule of Procedure 70(3) which is recorded on pages ........... |
| * | Final question addressed to the accused personally. Q Is there anything further that you wish to say to the court? A. The accused makes a statement which is recorded on page ......> |
The court close to deliberate on sentence. * Strike out if F2 is completed before F1. ......................... G | PAGE......> |
| SENTENCE The court sentences the accused . to |
ANNOUNCEMENT OF SENTENCE>
The court reopened, the accused is again brought before it.>
The sentence (and recommendation to mercy) [is] [are] announced in open court: the sentence is announced as being subject to confirmation.>
The president announces that the trial is concluded.>
Signed at this ........................ day of .................... , 20 .............>
........................................................................................ .........................................................................................>
Judge Advocate President>
.......................
H PAGE ......>
CONFIRMATION>
1. For minutes of confirmation see the Fourth Schedule to the Rules of Procedure. Promulgation should be recorded immediately below the minute of confirmation in accordance with Rule of Procedure 94(7).>
| * | Final question addressed to the accused personally. Q Is there anything further that you wish to say to the court? A. The accused makes a statement which is recorded on page ......> |
* Strike out if F1 is completed before F2>
....................
F2
PROCEEDINGS ON CONVICTION>
(NOTE.-F2 should be completed before F1 if the accused has pleaded not guilty to all charges.)>
The prosecutor calls evidence as to the accused's character and record, is duly sworn.>
Q. Do you produce the service record of the accused?>
A. I produce. >
Q. Have you compared it with the service books?>
A. >
Q. Do the entries on it correspond with the entries in the service books?>
A. >
The ...................................... is read, marked, signed by the president and attached to the record.>
The accused [declines] [elects] to cross-examine this witness [and the cross-examination is recorded on pages ..........].>
The prosecutor adduces evidence under Rule of Procedure 70(3) which is recorded on pages ...........>
| * | Final question addressed to the accused personally. Q Is there anything further that you wish to say to the court? A. The accused makes a statement which is recorded on page ......> |
* Strike out if F2 is completed before F1.>
G PAGE .....>
SENTENCE>
The court sentences the accused to >
ANNOUNCEMENT OF SENTENCE>
The court reopened, the accused is again brought before it.>
The sentence (and recommendation to mercy) [is] [are] announced in open court; the sentence is announced as being subject to confirmation.>
The president announces that the trial is concluded. Signed at this .......... day of .................... , 20......>
........................................................................................ ..........................................................................................>
Judge Advocate President>
.........................
| H | PAGE ....> |
1. For minutes of confirmation see the Fourth Schedule to the Rules of Procedure. Promulgation should be recorded immediately below the minute of confirmation in accordance with Rule of Procedure 94(7).>
6. FINDINGS>
Acquittal on all charges not guilty of [the charge] [all the charges] ...................... not guilty of [the charge] [all the charges], and honourably acquit him thereof.>
Acquittal on some but not all charges not guilty of the ....................... charge(s) but is guilty of the charge(s).not guilty of the charge(s) and honourably acquit him thereof but is guilty of the .................. charge(s).>
Conviction on all charges guilty of [the charge] [all the charges].>
Special findings guilty of the charge [with the exception of the words .............] [with the exception that ......................]....................... not guilty of the offence charged but is guilty of ...................... No finding on alternative charge.>
guilty of the charge; the court record no finding on the .................. (alternative) charge. Where the accused is unfit to stand his trial by reason of insanity by reason of insanity unfit to stand his trial. Accused guilty but insane at the time when the offence was committed guilty but insane.>
7. RECORD OF RECONSIDERATION OF FINDING UNDER RULE 79(5)>
The judge advocate advises the court that the finding(s) on the charge(s) [is] [are] contrary to the law relating to the case, and that in his opinion the following finding(s) [is] [are] open to them:
The court is closed for reconsideration of finding.>
The court on reconsideration find that the accused is The finding(s) on reconsideration [is] [are] read in open court and (with the exception of the finding(s) of "not guilty") [is] [are] announced as being subject to confirmation.>
8. SERVICE RECORD OF ACCUSED>
| Number Rank Name Regiment or Corps ....................................... ......................................... .................................................... ............................................. 1. He was enlisted on ........, 20 ......... and commissioned on ..................... , 20....... 2. He is serving on a .................................. 3. His age is ....................... years. 4. He is single/married/divorced/widowed and has children under the age of 16 years. 5. His gross rate of pay is ................ per day, but he is 6. His reckonable service towards discharge or transfer to the reserve is .... years. 7. His reckonable service towards pension, gratuity, etc., is ......... years. 8. (a) He is entitled to the following decorations and awards: (b) The following acts of gallantry or distinguished conduct are recorded in his conduct sheet: 9. He holds the substantive rank of with seniority from ..............., 20......... and has held the acting rank of ...................... continuously since .............., 20......... 10. He has been awaiting trial for days since he was first, in connection with the matters for which he is before the court, charged or placed in arrest, of which days were spent in civil custody, days were spent in close arrest and ..................days were spent in open arrest. 11. [He is not now under sentence] [He is now under sentence of beginning on , 20....but suspended on ................., 20 ........ and (not yet put into operation again) (put into operation on ..................... , 20 .......).] 12. According to his conduct sheets, he has been found guilty by his commanding officer or by the commandant of a military establishment of the following offences: In the last During his 12 months service For times times For times times For times times For times times For times times 13. The detail, according to his conduct sheets, of offences of which he has been convicted by court-martial or of which he has been found guilty during his service by a civil court, offences taken into consideration by such courts and offences of which he has been found guilty by an appropriate superior authority, are set out in the Schedule. |
| 9. RECORD OF PROCEEDINGS ON REVISION UNDER SECTION 104 OF THE DEFENCE ACT |
| At .............................. on the day of at .................... hours the court reassembled by order of the confirming officer for the purpose of reconsidering their finding(s) on the ................... charge(s). Present The order directing the reassembly of the court and giving the reasons therefor is read, marked , signed by the president and attached to the record. The court having considered the observations of the confirming officer and the whole of the record of the proceedings do now revoke their finding(s) on the charge(s) and find that the accused is and [adhere to their sentence] [sentence the accused to .......... in substitution for the original sentence]. or The court having considered the observation of the confirming officer respectfully adhere to their finding(s) on the charge(s) [and to their sentence] [but sentence the accused in substitution for the original sentence]. or The court having considered the observations of the confirming officer and the whole of the record of the proceedings do now revoke their finding(s) on the charge(s) and find the accused not guilty of [that] [those] charge(s). Signed at this .............. day of ................. , 20............ ........................................................................................ .......................................................................................... Judge Advocate President ...................... |
| 10. CONFIRMATION |
NOTE. These forms are for guidance only and do not constitute an exhaustive list of all the possible variations and should be adapted to the circumstances of each case. Confirmed. ...................... I confirm the court's finding(s), sentence and order under section 126 of the Defence Act but [remit ...................] [commute. ...................]. ...................... I confirm the court's finding(s), sentence and order under section 126 of the Defence Act but mitigate the sentence so that it shall be as follows: ...................... I vary the sentence so that it shall be as follows and confirm the finding and sentence as so varied. ...................... I confirm the finding(s) and sentence but [postpone the carrying out of the sentence of until ....................................] [suspend the sentence of .............................]. ...................... I confirm the finding(s) but substitute the sentence of for the sentence of the court. ...................... I substitute a finding of for the finding of the court and confirm the sentence but [remit ] [commute ................] ...................... I substitute a finding of for the finding of the court on the charge and confirm the finding(s) of the court on the charge(s) and the sentence. ...................... Not confirmed [on the grounds that ]. ...................... I confirm the finding(s) of the court on the charge(s) but do not confirm their finding(s) on the charge(s) (on the grounds that ). I confirm the sentence but [remit ..............................] [commute ..............................]. ......................I refer the finding(s) and sentence to for confirmation. ...................... I confirm the finding(s) of the court on the charge(s) and refer the finding(s) on the charge(s) and the sentence to .................... for confirmation ...................... I confirm the finding(s) of the court but refer the sentence to for confirmation. [The record] [Part of the record] of the proceedings of the court-martial which tried .................................. at on the ....................... day of ..................., 20....... having been lost I do not confirm the finding(s) of the court. Signed at the ..................................... day of ....................... , 20....... (Signature, rank and appointment of confirming officer) ...................... |
11. DETERMINATION BY A CONFIRMING OFFICER OR REVIEWING AUTHORITY OF A SUSPENDED SENTENCE AND DIRECTION THAT SENTENCES ARE TO RUN CONCURRENTLY OR CONSECUTIVELY |
I [the confirming officer] [the reviewing authority] hereby order the accused to be committed to [imprisonment] [detention] under the sentence passed on him by the court-martial held at on the day of ................., 20 ....... and direct that that sentence and the sentence passed on the accused by [this court-martial] [the court-martial held at on ................... day of ........... ., 20 .........] shall run [concurrently] [consecutively]. Date ............................................. , 20 ....... (Signature) |
12. DIRECTION UNDER SECTION 118(3) OF THE DEFENCE ACT>
I [confirming officer] [reviewing authority] hereby direct that the accused (number, rank, name or other description) shall not be required to be returned to Zambia until he has served [ months] [................ years] of the sentence of [imprisonment] [detention] passed on him. Date ............................................. , 20 ....... (Signature) |
13. RESTITUTION ORDER>
In accordance with sub-section of section 126 of the Defence Act, I hereby order that be [delivered] [paid] to ................................ Date ............................................., 20 ....... (Signature) [Confirming officer] [Reviewing authority] ...................... |
14. PROMULGATION>
Promulgated and extracts taken at (place) this ................. day of ..................... , 20 ....... (Signature, rank and appointment of officer making the promulgation) |
No. | Rank | Name | of | Regiment or Corps. |
Description of court or appropriate superior authority | Date and place of trial or summary dealing | Charges on which convicted or found guilt and offences taken into consideration | Sentence or order of the court as confirmed or award of appropriate superior authority | Punishment remitted on review or consideration |
I HEREBY CERTIFY that this form and schedule contain a summary of entries in the service books relating to the accused. Signed this day of (Name, rank and appointment of officer signing) |
[Rules 19 and 73]
SENTENCES
1. Sentences
2. Forfeiture of Seniority of Rank
3. Determination of a Suspended Sentence and Direction that Sentences are to Run Concurrently or Consecutively
4. Recommendation under Section 118(3) of the Defence Act
5. Restitution Order
| 1. SENTENCES |
| NOTE. The words in the margin should be entered in the right-hand margin of the record of the proceedings of a court-martial opposite the record of the sentence. |
| OFFICERS |
To suffer death. | Death> |
To be imprisoned for ......................... and to be cashiered. | Imprisonment and cashiering> |
| To be cashiered....................... | Cashiering> |
| To be dismissed from the Defence Force....................... | Dismissal> |
| (For form of sentence see 2 below.) ...................... | Forfeiture of seniority or rank> |
| To be fined ............... ...................... | Fine> |
| To be [severely reprimanded] [reprimanded]. ...................... | [Severe reprimand] [Reprimand]> |
| To be put under stoppages of pay until he has made good the sum of in respect of ......................... ...................... | Stoppages> |
| WARRANT OFFICERS AND NON-COMMISSIONED OFFICERS |
| To suffer death. ...................... | Death> |
| To be imprisoned for ....................... and to be reduced to the ranks. ...................... | Imprisonment and reduction to the ranks> |
| To be discharged with ignominy from the Defence Force. ...................... | Discharge with ignominy> |
| To be dismissed from the Defence Force (warrant officers only). ...................... | Dismissal> |
| To undergo detention for .................. and to be reduced to the ranks. ...................... | Detention and reduction to the ranks> |
| To undergo field punishment for days and to be reduced to the ranks. ...................... | Field punishment and reduction to the ranks> |
| To be reduced [to the ranks] [to the rank of ......................]. ......................> | Reduction to the ranks] [Reduction to .......]> |
| (For forms of sentence see 2 below.) ...................... | Forfeiture of seniority of rank > |
| [To forfeit .................... service. ......................> | Forfeiture of service> |
| To be fined ...................... ...................... | Fine> |
| To be [severely reprimanded] [reprimanded]. ...................... | [Severe reprimand] [Reprimand]> |
| To be put under stoppages of pay until he has made good the sum of in respect of ................ .................. | Stoppages> |
| PRIVATE SOLDIERS |
| To suffer death. ...................... | Death> |
| To be imprisoned for ............................. ...................... | Imprisonment> |
| To be discharged with ignominy from the Defence Force. ...................... | Discharge with ignominy> |
| To undergo detention for ........................ ...................... | Detention> |
| To undergo field punishment for ....................... days. ...................... | Field punishment> |
| To forfeit ................... service. ...................... | Forfeiture of service> |
| To be fined ................... | Fine> |
| To be put under stoppages of pay until he has made good the sum of in respect of .......................... ...................... | Stoppages> |
| 2. FORFEITURE OF SENIORITY OF RANK ARMY OFFICERS |
| To take seniority in the rank of in the army and in his corps as if his appointment to that rank bore date the day of ................. , 20 ........ |
| or where the officer's rank or seniority in the army and his rank or seniority in his corps differ To take seniority in the rank of in the army as if his appointment to that rank bore date the day of ........................., 20 ....... , and to take seniority in the rank of in his corps as if his appointment to that rank bore date the day of .................. , 20 ........ ...................... |
| AIR FORCE OFFICERS |
| To take seniority in the rank of as if his appointment to that rank bore date the day of ................... 20 ......... |
| or To take precedence in the rank held by him in the Air Force as if his name appeared ..................................................... places lower in the Air Force List for ...................................................... |
| WARRANT OFFICERS AND NON-COMMISSIONED OFFICERS IN THE ARMY |
| To take seniority in the rank of as if his appointment to that rank bore date the day of ............. , 20 ......... |
| or To take seniority in the rank of as if his name appeared next below in the ....................... promotion roll serial No. ..................... dated the day of .......................... 20 .......... ...................... |
| WARRANT OFFICERS AND NON-COMMISSIONED OFFICERS IN THE AIR FORCE |
| To take seniority in the rank of as if his appointment to that rank bore date the .................................. day of , 20 ........ ...................... |
| 3. DETERMINATION OF A SUSPENDED SENTENCE AND DIRECTION THAT SENTENCES ARE TO RUN CONCURRENTLY OR CONSECUTIVELY |
| The court hereby order the accused to be committed to [imprisonment] [detention] under the sentence passed on him by the court-martial held at on the .................................. day of , 20 ........ and direct that that sentence and the sentence on the accused by this court-martial shall run [concurrently] [consecutively]. |
| 4. RECOMMENDATION UNDER SECTION 118(3) OF THE DEFENCE ACT |
| The court recommends that the accused (number, rank, name or other description) shall not be required to be returned to Zambia until he has served [ ............... months] [ ............... years] of his sentence. |
| 5. RESTITUTION ORDER |
| In accordance with sub-section of section 126 of the Defence Act, the court hereby order that be [delivered] [paid] to |
[Rule 33]
| OATHS AND AFFIRMATIONS |
| 1. Oaths at Investigations by Commanding Officers and Appropriate Superior Authorities 2. Oaths at Court-martial 3. Scottish Oaths 4. Manner of Administering Oaths 5. Solemn Affirmations |
| 1. OATHS AT INVESTIGATIONS BY COMMANDING OFFICERS AND APPROPRIATE SUPERIOR AUTHORITIES |
| Interpreter I swear by Almighty God that I will to the best of my ability truly interpret and translate as I shall be required to do touching the matter being investigated. |
| Witness I swear by Almighty God that the evidence which I shall give at this investigation shall be the truth, the whole truth and nothing but the truth. ............................. |
| 2. OATHS AT COURT-MARTIAL |
| President and members I swear by Almighty God that I will well and truly try the [accused] [accused persons] before the court according to the evidence, and that I will duly administer justice according to the Defence Act without partiality, favour or affection, and I do further swear that I will not on any account at any time whatsoever disclose or discover the vote or opinion of the president or any member of this court-martial, unless thereunto required in due course of law. |
| Judge advocate I swear by Almighty God that I will to the best of my ability carry out the duties of judge advocate in accordance with the Defence Act and the rules made thereunder and without partiality, favour or affection, and I do further swear that I will not on any account at any time whatsoever disclose or discover the vote or opinion on any matter of the president or any member of this court-martial, unless thereunto required in due course of law. |
| Officer under instruction I swear by Almighty God that I will not on any account at any time whatsoever disclose or discover the vote or opinion of the president or any member of this court-martial unless thereunto required in due course of law. |
| Shorthand writer I swear by Almighty God that I will truly take down to the best of my power the evidence to be given before this court-martial and such other matters as may be required, and will, when required, deliver to the court a true transcript of the same. |
| Interpreter I swear by Almighty God that I will to the best of my ability truly interpret and translate, as I shall be required to do, touching the matter before this court-martial. |
| Witness I swear by Almighty God that the evidence which I shall give before this court-martial shall be the truth, the whole truth, and nothing but the truth. .............................. |
| 3. SCOTTISH OATHS |
| The form of Scottish oath shall in each case be the same as the form of oath set out above except that for the words "I swear by Almighty God" shall be substituted the words "I swear by Almighty God and as I shall answer to God at the Great Day of Judgment". ............................. |
| 4. MANNER OF ADMINISTERING OATHS |
| Christians taking the oath shall, unless female, remove their head-dress and, holding the Bible or New Testament in their right hand, say to or repeat after the person administering the oath the words of the oath. Jews shall take the oath in the same manner except that they shall wear their head-dress and hold the Old Testament in their right hand. ............................. |
| 5. SOLEMN AFFIRMATIONS |
| The person making a solemn affirmation shall say to or repeat after the person administering the solemn affirmation the words of the appropriate form of oath except that for the words "I swear by Almighty God" he shall substitute the words " I (name in full) do solemnly, sincerely and truly declare and affirm" and for the word "swear" wherever it occurs the words "solemnly, sincerely and truly declare and affirm". |
[Rule 100]
PETITIONS |
| PETITION TO CONFIRMING OFFICER (BEFORE CONFIRMATION) |
To the confirming officer. I having been convicted by court-martial on ............................................. at and having been sentenced to hereby petition against the finding(s) on the charge(s) and the sentence on the following grounds: ............................. |
| PETITION TO REVIEWING AUTHORITY (AFTER PROMULGATION) |
To .................................................. I having been convicted by court-martial on ............................................... at and having been sentenced to and having had the finding(s) and sentence promulgated to me on hereby petition against the finding(s) on the . charge(s) and sentence on the following grounds: Signed Dated |
DEFENCE (REGULAR FORCE) (PENSIONS) REGULATIONS
[Sections 12 and 210]
Arrangement of Regulations
Regulation
PART I
GENERAL
1. Title
2. Interpretation
3. Pension contributions to be transferred to the Board
3A.-3H. ...
4. Pensionable service
5. Officers and members of Corps of Instructors to contribute to cost of tribute
6. Pension benefits not assignable, etc.
7. Pension to cease on bankruptcy
8. Pension to cease on imprisonment
9. Forfeiture of pension
10. Payment of benefits to widows and children of a deceased person who was married under a system permitting of polygamy
11. Medical examination or treatment
12. Resumption of duty by persons retired on the grounds of ill health
PART II
BENEFITS ON RESIGNATION, DISCHARGE OR DISMISSAL
13. Benefits on resignation or discharge
13A. Pension entitlement for Personnel who die of natural causes
14. Benefits on dismissal
PART III
RETIREMENT BENEFITS
15. Interpretation of Part III
16. Benefits for a Commander who retires under provisions of Defence Force (Regular Force) (Officers) Regulations
17. Benefits for other persons required to retire on grounds of age or length of service
18. Benefits for persons required to retire on grounds of ill health
19. Benefits for persons who retire voluntarily
20. Benefits for persons transferred from Regular Force who retire from the service of a Scheduled Government
PART IV
SPECIAL PROVISIONS APPLICABLE ONLY TO NON-ZAMBIANS
SERVING IN THE REGULAR FORCE ON PENSIONABLE
TERMS
21. Application of Part IV
22. Retirement to facilitate Zambianisation
23. Retirement following supersession for promotion
24. Additional benefits for persons required to retire
25. Right to retire voluntarily
26. Benefits on voluntary retirement
PART V
BENEFITS IN RESPECT OF INJURY OR DEATH IN THE COURSE OF DUTY
27. Application of Part V
28. Interpretation of Part V
29. Injury benefits
30. Death benefits
30A. Special Death gratuity
31. Conditions applicable to pensions and allowances payable in terms of regulation 29 or 30
32. Reimbursement of medical and other expenses
PART VI
DEATH BENEFITS
33. Interpretation of Part VI
34. Death benefits: officers and members of Corps of Instructors with less than two years' service
35. Death benefits: officers with between two and ten years' service
35A. Death of officer or warrant officer before notice or date of retirement
35B. Death of warrant officer before notice to retire or before date of retirement
36. Death benefits: other ranks
37. Pensions for widows of officers and members of Corps of Instructors
38. Pensions for children of officers and members of Corps of Instructors
38A. Gratuity Payment upon death
PART VII
MISCELLANEOUS
39. Commutation of pensions
40. Revocation
41. Review of pensions
[Regulations by the President]
SI 184 of 1966,
SI 102 of 1988,
SI 166 of 1992,
SI 176 of 1993,
SI 62 of 1995,
SI 121 of 2011.
PART I
GENERAL
These Regulations may be cited as the Defence (Regular Force) (Pensions) Regulations.
In these Regulations, unless the context otherwise requires—
"average pensionable emoluments" means—
(a) in the case of a person who was appointed to the Regular Force before the *commencement of these Regulations, the annual rate of the pensionable emoluments payable to him on his last day of pensionable service or total service, as the case may be;
(b) in the case of a person who was appointed to the Regular Force on or after the *commencement of these Regulations and who—
(i) has held the same rank; or
(ii) has held different ranks carrying the same maximum annual rate of pensionable emoluments;
for a period of three years immediately preceding the date on which he retires, the annual rate of pensionable emoluments payable to him on his last day of pensionable service or total service, as the case may be:
Provided that such person shall be deemed to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any rank held by him as if such increase had been payable throughout such period;
(c) in the case of a person who was appointed to the Regular Force on or after the *"/>commencement of these Regulations and whose pensionable service or total service, as the case may be, amounts to less than three years, the average of the annual rates of the pensionable emoluments to which that person was entitled during his period of pensionable service or total service, as the case may be:
Provided that such person shall be deemed to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any rank held by him as if such increase had been payable throughout such period;
(d) in the case of any other person, one-third of the aggregate of his pensionable emoluments during the period of three years immediately preceding the date on which he retires:
Provided that—
(i) the average pensionable emoluments of a person calculated in accordance with this paragraph shall in no case be less than they would have been had he retired immediately prior to his appointment to any rank held by him during his last three years of service;
(ii) such person shall be deemed to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any rank held by him as if such increase had been payable throughout such period;
"Board" means the Civil Service (Local Conditions) Pensions Board;
"child" means an unmarried legitimate or legitimated son or daughter (including a posthumous child, stepchild or child legally adopted) under the age of eighteen years, of an officer, retired officer, member of the Corps of Instructors or former Federal Instructor or person to whom regulation 29 or 30 applies;
"Corps of Instructors" means the body of the Regular Force which has been declared to be the Corps of Instructors for the purposes of the Act;
"dependant" means the wife, child or such other relative dependent upon a member of the Regular Force for maintenance as the Permanent Secretary may recognise for the purposes of these Regulations;
"emoluments factor" means—
KA/KA+KB;
Where KA = the total of the pensionable emoluments received by the person concerned during his service in the Regular Force;
KB = the total of the emoluments accepted as pensionable by the Scheduled Government or Scheduled Governments concerned during the period of service of the person concerned under that Scheduled Government or Scheduled Governments:
Provided that where part only of any service is taken into account as total service, a proportionate part only of the total emoluments paid during that service shall be taken into account for the purpose of determining KA or KB;
"former Federal Instructor" means a member of the Corps of Instructors who was appointed to the Regular Force on transfer from the service of the Defence Forces of the former Federation of Rhodesia and Nyasaland on or after the 1st October, 1963;
"former Federal officer" means an officer who was appointed to the Regular Force either as an officer or as a member of the Corps of Instructors on transfer from the service of the Defence Forces of the former Federation of Rhodesia and Nyasaland on or after the 1st October, 1963;
"the Government" means, in respect of any period before the 24th October, 1964, the Government of the former Protectorate of Northern Rhodesia, and in respect of any period on or after that date, the Government of the Republic of Zambia;
"Government medical officer" means a medical practitioner serving in the Defence Force or a medical practitioner serving in the public service of Zambia;
"gratuity" means a lump sum payment;
"medical board" means a board of not less than three medical practitioners, one of whom shall be a Government medical officer, appointed and constituted from time to time by the Senior Medical Officer in the Regular Force for the purpose of carrying out functions imposed under these Regulations on a medical board;
"medical certificate" means a certificate given by a medical authority specified in these Regulations regarding—
(a) the fitness or otherwise of a person to perform his work;
(b) the nature of the incapacity, if any, of a person;
(c) the period of leave, if any, which, in the opinion of the medical authority, is necessary and indispensable for the recovery of the health of a person;
"medical practitioner" means a person registered as a medical practitioner under the Medical and Allied Professions Act;
"officer" means a person holding commissioned rank.
"pension" means an annual pension payable during the lifetime of the recipient unless under these Regulations it is payable for a shorter period;
"Pension Authority" means the Commander.
"pensionable age" means—
(a) in the case of a soldier, the fifty-fifth anniversary of the soldier’s date of birth; and
(b) in the case of an officer and a warrant officer, the fifty-fifty anniversary of the officer’s and warrant officer’s date of birth;
[Ins by reg 2 of SI 121 of 2011.]
"pensionable emoluments" means—
(a) in respect of service in the Regular Force—
(i) in the case of an officer or a member of the Corps of Instructors who was appointed to the Regular Force before the commencement of these Regulations—
A. pay; and
B. an amount calculated at the rate of one-sixth of such person's pay or K516 per annum, whichever is the less; and
C. personal allowance;
(ii) in the case of any other person—
A. pay; and
B. personal allowance; and
C. any amount in respect of ration allowance which the Government may have directed should be deemed to be a pensionable allowance;
(b) in respect of service with a Scheduled Government, emoluments which count for pension in accordance with the provisions of any law of that Scheduled Government dealing with such service:
Provided that a person shall be deemed to have received his full pensionable emoluments during any period when he is on leave with reduced pensionable emoluments or without pensionable emoluments;
"pensionable service" means pensionable service in accordance with the provisions of regulation 4;
"Permanent Secretary" means the permanent secretary for the Personnel Division at Cabinet Office;
"personal allowance" means a special addition to pay granted personally to a member of the Regular Force, but does not include such addition if it is granted subject to the condition that it shall not be pensionable;
"retired member of the Corps of Instructors" means a member of the Corps of Instructors who has retired and is in receipt of a pension awarded under these Regulations other than a pension awarded under Part V;
"retired officer" means an officer who has retired and is in receipt of a pension awarded under these Regulations other than a pension awarded under Part V;
"Scheduled Government" means—
(a) any Government or Administration included in the Schedule to the European Officers' Pensions Regulations; and
(b) any other Government or Administration the President may determine to be a Scheduled Government for the purposes of these Regulations:
Provided that—
(i) service in the public service of Zambia, and the Teaching Service shall be deemed to be service under a Scheduled Government for the purposes of these Regulations;
(ii) the President may determine that service in any public service, public corporation or public organisation or the like shall be deemed to be service under a Scheduled Government for the purposes of these Regulations;
"Secretary" means Secretary of the Board;
"Soldier" means a non-commissioned officer and includes a warrant officer;
"Teaching Service" means the Teaching Service described in the Teaching Service Regulations;
"total service" means the continuous period of a transferred person's pensionable service in the Regular Force and any service under any Scheduled Government which may be taken into account by such Scheduled Government for the purpose of calculating pension or gratuity:
Provided that service under the age of 18 years shall not reckon as total service;
"transferred person" means a person transferred to or from the Regular Force from or to a Scheduled Government:
Provided that a person shall be deemed to have been transferred only if the President and the Scheduled Government concerned mutually agree to treat such person as having been transferred;
"Unified African Teaching Service" means the Unified African Teaching Service which was established in accordance with section 3 of the African Education Act;
"year" means a calendar year.
[As amended by SIs. 102 of 1988, 166 of 1992 and 62 of 1995.]
3. Pension contributions to be transferred to the Board
All pension contributions and other transferred payments made by members of the Defence Force to the general revenues of the Republic prior to the commencement of these Regulations shall be transferred to the Board and be administered in accordance with these Regulations.
[Am by SI 176 of 1993.]
[Revoked by SI 176 of 1993.]
(1) Pensionable service means continuous service in the Regular Force on or after a person' eighteenth birthday and shall include—
(a) time spent on duty;
(b) time spent on leave; and
(c) time spent on attachment or secondment to any other military, naval or air force or to the service of a Scheduled Government.
(2) Notwithstanding the provisions of sub-regulation (1), where any person who has had previous service in the Regular Force is later appointed to employment in the Regular Force within two years of the termination of his previous service, such previous service shall be reckoned as pensionable service if—
(a) he is not a person required to resume duty under the provisions of regulation 12; and
(b) he was not previously serving on a short service commission; and
(c) he did not receive a gratuity or pension under these Regulations, other than a pension under regulation 29; and
(d) being a person who has been paid any sum or sums in respect of his previous service or any portion thereof under the provisions of regulation 13 or sub-regulation (4) of regulation 14, he enters into a written undertaking within a period of three months of the date of his later appointment to employment in the Regular Force whereby he agrees to make payment to the Government of an amount equal to such sum or sums plus interest at the rate of 5 per centum per annum thereon, from the day following the date on which such sum or sums accrued to him until payment is made.
(3) Pensionable service shall not include any period of service during which a person—
(a) is undergoing a sentence of imprisonment imposed under the Act by a court-martial or civil court; or
(b) is being treated as an in-patient at a hospital for an illness or injury which a Government medical officer certifies was occasioned by an offence in respect of which such person has been convicted under the Act; or
(c) is absent in circumstances constituting the offence of desertion or absence without leave; or
(d) serves on a short service engagement, unless such person—
(i) is appointed on a permanent regular engagement; and
(ii) elects not to receive any gratuity or other benefit which may be payable to him in respect of such short service engagement under any written law.
(4) Where a person has entered into an undertaking to make payment of an amount in terms of paragraph (d) of sub-regulation (2) and such amount is not paid in full within one month after the date on which he entered into such undertaking, such amount shall be paid by such instalments and in such manner as the Chief Paymaster may determine.
5. Officers and members of Corps of instructors to contribute to cost of tribute
(1) An officer, soldier or a member of the Corps of Instructors shall pay the Board seven and half per centum of his personal emoluments during pensionable service.
(2) The payment of contributions payable by a person under sub-regulation (1) shall ordinarily be effected by deducting such amounts from his pensionable emoluments.
(3) All amounts paid to the Board under this regulation shall be paid into the general revenues of the Republic.
(4) All benefits payable under Part IV of the Regulations shall be paid from the general revenues of the Republic.
[As amended by SI 102 of 1988, 166 of 1992 and 176 of 1993.]
6. Pension benefits not assignable, etc.
A pension benefit granted under these Regulations shall not be assignable or transferable except for the purpose of satisfying—
(a) a debt due to the Government;
(b) an order of any court for the periodical payment of sums of money towards the maintenance of the wife or former wife or child of the person to whom the pension benefit has been granted;
and shall not be liable to be attached, sequestered or levied upon for, or in respect of, any debt or claim whatever except a debt to the Government.
7. Pension to cease on bankruptcy
If any person to whom a pension benefit involving periodical payments has been granted under these Regulations is adjudicated a bankrupt or is declared insolvent by a judgment of the Court, then such benefit shall forthwith cease:
Provided always that in a case where a pension benefit ceases by reason of bankruptcy or insolvency of the pensioner, the Pension Authority may from time to time during the remainder of such pensioner's life or during a shorter period or periods, either continued or discontinued, as it shall think fit, cause all or any part of the moneys to which such pensioner would have been entitled had he not become a bankrupt or insolvent to be paid to, or applied for the maintenance and personal support or benefit of all or any, to the exclusion of all other or others, of the following persons, namely, such pensioner and any wife, child or children of his in such proportions and manner as the Pension Authority thinks proper and such moneys shall be paid or applied accordingly.
[As amended by SI 102 of 1988, 166 of 1992 and 176 of 1993.]
8. Pension to cease on imprisonment
If any person to whom a pension benefit involving periodical payments has been granted under these Regulations is convicted of any offence and is required to undergo a period of imprisonment exceeding three months, the payment of his pension shall, if the Pension Authority so directs, be discontinued during the whole or part of the period of imprisonment:
Provided that the Pension Authority may authorise the payment of the whole or any portion of the pension in respect of the period during which it has been so discontinued to or for the benefit of such dependant or dependants of the pensioner as the Pension Authority may determine.
[As amended by SI 102 of 1988, 166 of 1992 and 176 of 1993.]
The Pension Authority may declare forfeit, suspend or reduce the pension of any person who has been awarded a pension benefit involving periodical payments under the provisions of these Regulations and who is found guilty by a court of—
(a) misappropriating public moneys or property of the Government; or
(b) making any false statement for the purpose of obtaining a pension knowing the statement to be false or not believing it to be true
[As amended by SI 102 of 1988; 1667 of 1993 and 176 of 1993.]
10. Payment of benefits to widows and children of a deceased person who was married under a system permitting of polygamy
(1) Where a person who was married under a system permitting of polygamy dies and a pension or other benefit is payable under the provisions of regulation 30, 35, 36, 37 or 38, then that pension or other benefit shall be calculated as if there had been only one widow of that person and shall be divided equally into the same number of parts as the number of widows surviving at the date of the person's death.
(2) Each surviving widow of the deceased person shall be paid one part of the pension or other benefit calculated in accordance with sub-regulation (1).
(3) A pension payable to a widow under this regulation shall cease on the date on which she marries or dies, and the pension for the remaining widow, or widows, if any, shall not be increased.
(4) Subject to the provisions of sub-regulation (5), when a person who was married under a system permitting of polygamy dies and a pension is payable under the provisions of regulation 30 or 38 in respect of the children, then that pension shall be calculated on the pension payable as if there had been one widow.
(5) Paragraph (b) of sub-regulation (3) of regulation 30 and the proviso to sub-regulation (1) of regulation 38 shall only apply from the date on which the last widow's pension ceases in terms of sub-regulation (3).
11. Medical examination or treatment
(1) Any person who is in receipt of a pension or allowance under regulation 18 or 29 may be required by the Commander to submit to a medical examination or to undergo medical or surgical treatment—
(a) if he is receiving a pension under regulation 18, at any time within a period of two years from the date of his retirement;
(b) if he is a person to whom regulation 29 applies and is in receipt of a person or allowance under that regulation, at any time.
(2) If any person referred to in sub-regulation (1) fails to submit himself to the examination or to undergo the treatment required by the Commander his right to a pension or allowance under regulation 18 or 29, as the case may be, shall, if the Pension Authority concurs, cease as from the date on which he fails to do so:
Provided that—
(i) if at any time thereafter he submits himself to the examination or to undergo the treatment required by the Commander, the pension or allowance shall be revived—
(a) in the case of a pension payable under regulation 18, where a person is not certified as being fit to resume duty or is not required to resume duty, with effect from the date on which it ceased to be payable;
(b) in the case of a pension or allowance payable under regulation 29, with effect from the date on which the person submits himself to that examination or undergoes that treatment;
(ii) in any event, the pension shall be restored with effect from the person's pensionable age.
[As amended by SI 102 of 1988; 166 of 1992 and 176 of 1993.]
12. Resumption of duty by persons retired on the grounds of ill health
(1) If any person who is receiving a pension under regulation 18 is, within two years of the date of his retirement and before his pensionable age, certified by a medical board to be fit to resume duty in the Regular Force, he may, subject to the provisions of sub-regulation (2), be required by the Pension Authority to resume duty in that Force. If the person refuses to resume duty without reasonable cause, his right to a pension under regulation 18 shall cease with effect from the date on which he is required to resume duty:
Provided that in any event the pension shall be restored with effect from the person's pensionable age.
(2) The following provisions shall apply in relation to any person required to resume duty under sub-regulation (1):
(a) the pensionable emoluments attaching to the rank to which he is appointed shall not, without his consent, be less than the pensionable emoluments received by him immediately before the date of his retirement;
(b) he shall not, without his consent, be appointed to a rank lower than the rank held by him before the date of his retirement;
(c) the pension which he was receiving under regulation 18 shall cease with effect from the date of his resumption of duty;
(d) his pensionable service shall not be deemed to have been interrupted by the period during which he was receiving pension under regulation 18, but that period shall not form part of his pensionable service.
[As amended by SI 102 of 1988; 166 of 1992 and 176 of 1993.]
PART II
BENEFITS ON RESIGNATION, DISCHARGE OR DISMISSAL
13. Benefits on resignation or discharge
A person, other than a former Federal Instructor, who is required to contribute under the provisions of regulation 5 and who resigns or is discharged in circumstances under which no pension or gratuity is payable to him under these Regulations, other than a pension under the provisions of regulation 29, shall be entitled to receive—
(a) if his pensionable service or total service, as the case may be, amounts to less than two years, to a refund of the amounts paid by him under regulation 5;
(b) if his pensionable service or total service, as the case may be, amounts to 20 years or more but less than 25 years, a gratuity calculated as follows:
KX x 2;
(c) if his pensionable service or total service, as the case may be, amounts to 25 years or more, a gratuity calculated as follows:
2 x KX + (2 x KX x Y) |
50; |
Where KX = the total amount paid by the person under regulation 5;
Y = the number of completed years during which the person has been required to contribute under the provisions of regulation 5.
[As amended by SI 166 of 1992 and 176 of 1993.]
13A. Pension entitlement for personnel who die of natural causes
Any person serving in the Defence Force who is required to contribute under regulation 5 and who dies from any natural cause not entitling him to any pension or gratuity under these Regulations, other than under the provisions of regulation 29, shall be entitled, if his pensionable service or total service, as the case may be, amounts to two years or more but less than 20 years, to a gratuity calculated as follows:
KX + KX x 19 x B |
400 |
Where KX = the total amount paid to the person under regulation 5; and
B = the number of completed years during which the person has been required to contribute under regulation 5.
[As amended by SI 102 of 1988, 166 of 1992 and 176 of 1993.]
(1) Subject to the provisions of sub-regulations (2) and (3), a person who is dismissed from the Regular Force shall forfeit all right to the award of a pension or gratuity.
(2) Notwithstanding the provisions of sub-regulation (1), a former Federal officer or former Federal Instructor who is discharged or dismissed from the Regular Force in circumstances in which no pension is otherwise payable to him under these Regulations, other than a pension awarded under regulation 29, shall be entitled, as from the day following the date of his discharge or dismissal, to receive a pension equal to the pension, but exclusive of any additional abolition of office pension for which he would have been entitled under the provisions of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, had he retired from the Defence Forces of the former Federation of Rhodesia and Nyasaland on the date of his transfer to the Regular Force.
(3) The President may award to a person who is dismissed and who is not entitled to a pension under sub-regulation (2)—
(a) if that person's pensionable service or total service, as the case may be, amounts to less than 10 years, such gratuity as the President may determine;
(b) if that person's pensionable service or total service, as the case may be, amounts to 10 years or more, such pension or gratuity as the President may determine.
(4) A person who is dismissed and who is not awarded a pension or gratuity under sub-regulation (2) or (3) shall be refunded any payments he may have made under the provisions of regulation 5.
PART III
RETIREMENT BENEFITS
15. Interpretation of Part III
For the purposes of this Part—
KA = average pensionable emoluments;
KB = the annual rate of the pensionable emoluments taken by the Scheduled Government concerned for the purpose of calculating a person's pension or gratuity;
C = emoluments factor.
d = completed months of pensionable service;
e = completed months of total service;
[As amended by SI 176 of 1993.]
16. Benefits for a Commander who retires under provisions of Defence Force (Regular Force) (Officers) Regulations
Subject to the provisions of Parts I and V, a Commander who is required to retire under the provisions of regulation 9 of the Defence (Regular Force) (Officers) Regulations, 1960, shall be entitled as from the date of his retirement—
(a) if he was appointed to the Regular Force on transfer from the service of a Scheduled Government, to receive a pension calculated as follows:
| x C ; |
|
(b) if he was not appointed to the Regular Force on transfer from the service of a Scheduled Government, to receive a pension calculated as follows:
| |
|
[As amended by SI 102 of 1988.]
17. Benefits for other persons required to retire on grounds of age or length of service
Subject to the provisions of Parts I and IV, a person who is required to retire from the Regular Force shall—
(a) in the case of a Commander to whom neither regulation 16 nor 18 applies; or
(b) in the case of an officer other than a Commander to whom regulation 9 of the Defence (Regular Force) (Officers) Regulations, 1960, applies; or
(c) in the case of a soldier to whom regulation 8 or item (xviii) of the Third Schedule to the Defence Force (Regular Force) (Enlistment and Service) Regulations applies;
be entitled, as from the date of his retirement-
(i) if he was appointed to the Regular Force on transfer from the service of a Scheduled Government and his total service amounts to less than 10 years, to receive a gratuity calculated as follows:
| x C ; |
|
(ii) if he was appointed to the Regular Force on transfer from the service of a Scheduled Government and his total service amounts to 10 years or more, to receive a pension calculated as follows:
| x C ; |
|
(iii) if he was not appointed to the Regular Force on transfer from the service of a Scheduled Government and his pensionable service amounts to less than 10 years, to receive a gratuity calculated as follows:
| |
|
(iv) if he was not appointed to the Regular Force on transfer from the service of a Scheduled Government and his pensionable service amounts to 10 years or more, to receive a pension calculated as follows:
| |
|
[As amended by SI 102 of 1988.]
18. Benefits for persons required to retire on grounds of ill health
Subject to the provisions of Parts I and IV, a person who is required to retire from the Regular Force because he is medically unfit shall be entitled, as from the date of his retirement-
(a) if his medical grading is, in the opinion of the Pension Authority, due to an infirmity contracted or occasioned by his default but not contracted or occasioned deliberately with the intention of escaping a duty or of qualifying for a benefit under these Regulations, and-
(i) he was appointed to the Regular Force on transfer from the service of a Scheduled Government-
A if his total service amounts to less than 10 years, to receive a gratuity calculated as follows:
| x 5 x C; |
|
B. if his total service amounts to 10 years or more, to receive a pension calculated as follows:
| x C; or |
|
(ii) he was not appointed to the Regular Force on transfer from the service of a Scheduled Government-
A. if his pensionable service amounts to less than 10 years, to receive a gratuity calculated as follows:
| x 5; or |
|
| x 5; or |
|
(b) if his medical grading is, in the opinion of the Pension Authority, due to an infirmity contracted or occasioned without his default, and-
(i) he was appointed to the Regular Force on transfer from the service of a Scheduled Government-
A. if his total service amounts to less than 10 years, to receive a gratuity calculated as follows:
| x 5 x C; or |
|
| {KA x e} | +> | ( KA x f x 7) |
| the age at which the officer or soldier retires expressed in complete months | the age at which the officer or soldier retires expressed in complete months |
(ii) he was not appointed to the Regular Force on transfer from the service of a Scheduled Government—
A. if his pensionable service amounts to less than 10 years, to receive a gratuity calculated as follows:
| x 5; or |
|
B. if his pensionable service amounts to 10 years or more, to receive a pension calculated as follows:
| x 5; or |
|
+KA x f x 7/6000:
Provided that an officer who is required to retire from the Regular Force because he is medically unfit and who is entitled to receive only a gratuity under the provisions of this regulation shall, in addition, be refunded any payments made by him under regulation 5.
[As amended by SI 102 of 1988; 166 of 1992 and 176 of 1993]
19. Benefits for persons who retire voluntarily
Subject to the provisions of Parts I and IV, a person to whom this Part applies and who elects to retire from the Regular Force at any time after completing 10 or more years' pensionable service or total service, as the case may be, shall be entitled, as from the date of his retirement—
(a) if he was appointed to the Regular Force on transfer from the service of a Scheduled Government and—
(i) if his total service amounts to less than 20 years, to receive a gratuity calculated as follows:
| x 5 x C; or |
|
(ii) if his total service amounts to 20 years or more, to receive a pension calculated as follows:
| x C; or |
|
(b) if he was not appointed to the Regular Force on transfer from the service of a Scheduled Government, and—
(i) if his pensionable service amounts to less than 20 years, to receive a gratuity calculated as follows:
| x 5; or |
|
(ii) if his pensionable service amounts to 20 years or more, to receive a pension calculated as follows:
| |
|
[As amended by SI 102 of 1988.]
20. Benefits for persons transferred from Regular Force who retire from the service of a Scheduled Government
(1) A person who is transferred from the Regular Force to the service of a Scheduled Government and who is required either by that Scheduled Government or by any other Scheduled Government to which he may have been subsequently transferred to retire—
(a) on the abolition of his post; or
(b) to facilitate improvement in the organisation of the service to which he belongs by which greater economy or efficiency can be effected;
in circumstances in which he qualifies for the award of a pension under any pensions legislation of the Scheduled Government, shall be entitled as from the date of his retirement to receive a pension calculated as follows:
| x C; or |
|
(2) A person who is transferred from the Regular Force to the service of a Scheduled Government and who is required or permitted, either by that Scheduled Government or any other Scheduled Government to which he may have been subsequently transferred, to retire in circumstances in which he qualifies for the award of a pension or gratuity under any pensions legislation of the Scheduled Government, but to whom sub-regulation (1) does not apply, shall be entitled as from the date of his retirement—
(a) if his total service amounts to less than 10 years, to receive a gratuity calculated as follows:
| x 5 x C; |
|
(b) if his total service amounts to 10 years or more, to receive a pension calculated as follows:
| x C. |
|
[As amended by SI 102 of 1988.]
PART IV
SPECIAL PROVISIONS APPLICABLE ONLY TO NON-ZAMBIANS
SERVING IN THE REGULAR FORCE ON PENSIONABLE TERMS
This Part shall apply only to persons serving on pensionable terms in the Regular Force who are citizens of a country other than Zambia notwithstanding that they may also be citizens of the Republic.
22. Retirement to facilitate Zambianisation
(1) The Commander may, with the approval of the President, by notice in writing require a person to whom this Part applies to retire to facilitate the appointment of a person who is a Zambian citizen and who is not a citizen of any other country to the Regular Force or to facilitate the promotion of a person who is a Zambian citizen and who is not a citizen of any other country to the rank held by the person to whom this Part applies.
(2) Any notice given under sub-regulation (1) requiring a person to retire shall—
(a) in the case of a person who is on leave when he is given notice, specify the date on which he shall so retire, which shall, if the period of leave for which he is eligible on the date upon which he is given notice—
(i) is not less than six months, be the date upon which such leave expires; or
(ii) is less than six months, be a date six months after the date upon which he is given notice and his leave shall be extended accordingly on full pensionable emoluments;
(b) in the case of any other person, specify the period which shall not be less than six months from the date upon which he is given notice, at the expiration of which period he shall proceed upon leave pending retirement:
Provided that, with the consent of the person concerned, the notice may specify a shorter period than six months.
(3) In the case of a person to whom paragraph (b) of sub-regulation (2) applies, he shall, if the period of leave on full pensionable emoluments for which he is eligible at the expiry of the period of notice is less than six months, be granted such additional leave on full pensionable emoluments as will bring the aggregate period of such leave up to six months.
(4) A person to whom this regulation applies shall be granted the travel benefits and baggage facilities to which a person of his rank would be eligible when proceeding on leave pending retirement.
(5) A person to whom this regulation applies and who is on leave when he is given notice, shall, if he returns to his station to settle his affairs, be granted the travel facilities to and from his station for himself only for which he would have been eligible had he been proceeding on privilege leave, and be eligible for subsistence allowance at the rates then current for the period (not exceeding 10 days) of his stay at his station.
(6) Any person to whom this Part applies shall not be compulsorily retired from the Regular Force for the purpose of facilitating the appointment or promotion of a Zambian citizen except in accordance with the provisions of this regulation.
23. Retirement following supersession for promotion
(1) In the event of a person who is a citizen of Zambia and who is not a citizen of any other country being promoted in preference to a person to whom this Part applies and who would otherwise have been promoted on the grounds of seniority and merit, the person so superseded shall be informed by notice in writing by the Commander that he has been superseded for promotion in the interests of Zambianisation, and that he may retire in accordance with the provisions of this regulation.
(2) Subject to the provisions of sub-regulations (3), (4) and (5), any person given notice under the provisions of sub-regulation (1) that he has been superseded for promotion in the interests of Zambianisation may, if he so wishes and has not subsequently been promoted, elect to retire at any time.
(3) Any person not on leave when given notice under the provisions of sub-regulation (1) and who, not having been absent on leave since being given such notice, within six months of being given such notice elects to retire in accordance with sub-regulation (2) shall—
(a) be permitted to proceed on leave pending retirement on any date within six months of the date upon which he was given such notice; and
(b) if his leave (including any deferred leave) for which he is eligible on the date on which he proceeds on leave pending retirement is less than six months, be granted additional leave to bring his period of leave up to a total of six months; and
(c) be granted the travel benefits and baggage facilities to which a person of his rank would be eligible when proceeding on leave pending retirement.
(4) Any person who is on leave when given notice under the provisions of sub-regulation (1) and who elects forthwith to retire, shall-
(a) if the period of leave (including any deferred leave) for which he is eligible on the date on which he is given such notice is less than six months, be granted additional leave to bring his period of leave up to six months; and
(b) if he returns to his station to settle his affairs, be granted the travel facilities to and from his station for himself only for which he would have been eligible had he been proceeding on privilege leave, and subsistence allowance at the rates then current for the period (not exceeding 10 days) of his stay at his station.
(5) Any person who is given notice under sub-regulation (1) and who, not being on leave when given such notice, does not proceed on leave pending retirement under the provisions of sub-regulation (3) or, if he is on leave when given such notice, does not elect to retire forthwith under the provisions of sub-regulation (4) may, until and unless he is subsequently promoted, elect to retire by giving notice in accordance with the provisions of regulation 25.
24. Additional benefits for persons required to retire
Any person to whom this Part applies and who is required to retire shall, in lieu of any other benefit provided by these Regulations other than a benefit provided under Part V, be granted, as from the date of his retirement, a pension calculated as follows:
(a) in the case of a person who was appointed to the Regular Force on transfer from the service of a Schedule Government—
| x C.}+ KY; |
|
(b) in any other case—
| x C.}+ KY; |
|
Where KA = the annual rate of the person's pensionable emoluments on his last day of pensionable service or total service, as the case may be;
B = number of completed months of total service or pensionable service, as the case may be;
C = the age at which the officer or soldier retires expressed in complete months;
KY = KA x B/1800:
Provided that—
(i) the pension so calculated shall not exceed seven-tenths of the annual rate of the highest pensionable emoluments received by the person at any time in the course of his pensionable service or total service, as the case may be;
(ii) the pension shall not exceed the pension for which the person would have been entitled if he had continued until the age of 55 years to hold the rank held by him at the date of his retirement, having received all scale increments for which he would have been eligible by that date and, in the case of a transferred person, if all his total service had been pensionable service;
(iii) a person who is required to retire because he is medically unfit shall be given the opportunity to elect to receive a pension calculated in accordance with regulation 18 in lieu of a pension calculated under this regulation;
(iv) a former Federal Officer or a former Federal Instructor may elect that his pension under this regulation shall be calculated without the addition of KY and that instead he shall receive a gratuity equal to half the compensation for which he would be entitled if he were an "entitled officer" for the purposes of the Zambia (Compensation and Retiring Benefits) Order, 1964.
[As amended by SI 102 of 1988.]
25. Right to retire voluntarily
Any person to whom this Part applies may retire voluntarily at any time if—
(a) having been on duty for not less than three months since last returning from leave, he gives six months' notice in writing of his intention to retire to the Commander; or
(b) having been granted leave for a period of not less than four months, he gives notice of his intention to retire to the Commander in writing not less than two months before such leave commences:
Provided that the Commander may at his discretion accept shorter notice if he thinks fit.
26. Benefits on voluntary retirement
(1) Any person who retires voluntarily under the provisions of regulation 25 and who has completed less than 24 months' service (excluding leave) in the Regular Force after the 9th January, 1964, shall be entitled, as from the date of his retirement, to receive a pension calculated as follows:
(a) in the case of a person who was appointed to the Regular Force on transfer from the service of a Scheduled Government—
| x C; |
|
(b) in any other case—
| x C; |
|
Where KA = the annual rate of the person's pensionable emoluments on his last day of pensionable service or total service, as the case may be;
B = completed months of total service;
C = the age at which an officer or soldier retires expressed in completed months.
D = completed months of pensionable service.
(2) A former Federal Officer or a former Federal Instructor shall, in addition to the pension payable under sub-regulation (1), be entitled to receive a further pension calculated as follows:
(a) if he has completed 12 months or more, but less than 18 months' service in the Regular Force after the 9th January, 1964—
KX/3
(b) if he has completed eighteen months but less than 24 months' service in the Regular Force after the 9th January, 1964—
KX x 2/3;
(c) if he has completed 24 months' service in the Regular Force after the 9th January, 1964, but is not eligible for a pension under the provisions of sub-regulation (3)—
KX:
Where KX = the additional abolition of office pension, if any, to which the person would have been entitled under the provisions of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, had he retired from the service of the Government of the former Federation of Rhodesia and Nyasaland on the date of his transfer to the Regular Force.
(3) Any person who retires voluntarily under the provisions of regulation 25 and who has completed two years' service (excluding leave) in the Regular Force after the 9th January, 1964, shall be entitled to receive as from the date of his retirement a pension calculated as follows:
(a) in the case of a person who has appointed to the Regular Force on transfer from the service of a Scheduled Government—
{ KA x B
the age at which the officer or soldier retires expressed in complete months x C}+ KD;
(b) in any other case—
| KD; |
|
Where KA = the annual rate of the person's pensionable emoluments on his last day of total service or pensionable service, as the case may be;
B = the number of the person's completed months of total service or pensionable service, as the case may be;
C = the age at which an officer or a soldier retires expressed in complete months;
D = KA x B./1800
(4) No pension payable under this regulation shall exceed seven-tenths of the annual rate of the highest pensionable emoluments received by that person during his pensionable service or total service, as the case may be, and further, shall not exceed the pension which the person would have been entitled to receive if he had continued until the age of 55 years to hold the rank held by him at the date of his retirement, having received all scale increments for which he would have been eligible by that date and, in the case of a transferred person, if all his total service had been pensionable service.
(5) A person who retires voluntarily under the provisions of regulation 25 shall be granted the travel and baggage facilities for which he would be eligible if proceeding on leave pending retirement.
[As amended by SI 102 of 1988.]
PART V
BENEFITS IN RESPECT OF INJURY OR DEATH IN THE COURSE OF DUTY
This Part applies to all persons serving in the Regular Force.
In this Part, unless the context otherwise requires—
"emoluments" means—
(a) in the case of a person to whom regulation 29 applies, either—
(i) the annual rate of his pensionable
(ii) in the case where an injury does not manifest itself until after that person has ceased to serve in the Regular Force, the annual rate of his pensionable emoluments, or the annual rate of his emoluments which would be accepted as pensionable emoluments if he had been serving on pensionable terms at the date he received the injury or, if the date of the injury is not established to the satisfaction of the Pension Authority, the annual rate of his said emoluments at a date determined by the Pension Authority;
(b) in the case of a person to whom regulation 30 applies—
(i) if that person has been awarded a pension, or a gratuity in lieu of a pension, under regulation 29 in respect of the injury which was the cause of the death, his emoluments as defined in paragraph (a);
(ii) if that person has not been awarded a pension, or a gratuity in lieu of a pension, under regulation 29 in respect of the injury which was the cause of his death, the annual rate of his pensionable emoluments which would be accepted as pensionable if he had been serving on pensionable terms at the date he received the injury or, if the date of the injury is not established to the satisfaction of the Pension Authority, the annual rate of his said emoluments at a date fixed by the Pension Authority;
"injury" means—
(a) ill health, physical or mental unfitness, physical or mental incapacity or personal injury which, in the opinion of the Pension Authority, is caused by or due to the discharge of the person's duties; or
(b) the aggravation to a material extent of ill health, physical or mental unfitness, physical or mental incapacity, or personal injury, which aggravation, in the opinion of the Pension Authority, is caused by or due to the person's duties without any misconduct or serious negligence on the person's part:
Provided that for the purposes of this definition a person who is participating in any regimental sport, recreational training, display or competition authorised by his commanding officer shall be deemed to be discharging his duties while so participating;
"material extent", in relation to an injury which has been aggravated by the discharge of the person' duties, means-
(a) where the degree of disablement which would have been applicable had the whole of the condition of the person been caused by the discharge of his duties (hereinafter in this paragraph called his full degree of disablement) is less than 20 per centum, a degree of disablement of 5 per centum or more, which is not less than one-half of his full degree of disablement;
(b) in cases not falling under paragraph (a), a degree of disablement of at least 10 per centum.
[As amended by SI 102 of 1988, 166 of 1992 and 176 of 1993.]
(1) This regulation applies to any person who sustains an injury.
(2) The Commander may grant to any person to whom this regulation applies, sick leave, with full pay—
(a) for a period of, or for periods not exceeding in the aggregate 90 days on production of a medical certificate given by the medical practitioner or dentist, as the case may be, of the person to whom this regulation applies or, if the Commander desires the production of a medical certificate given by a medical practitioner or dentist, as the case may be, nominated by him, the production of that certificate;
(b) in addition to sick leave granted under paragraph (a), for a further period of, or for further periods not exceeding in the aggregate 90 days on production of a medical certificate given by a Government medical officer or, if the Commander desires the production of a certificate given by a medical board, on production of that certificate;
(c) in addition to any sick leave granted under paragraphs (a) and (b), for such further periods, being not more than 180 days each, as may be recommended by a medical board:
Provided that—
(i) no one continuous period of sick leave granted under this sub-regulation shall exceed 450 days;
(ii) the Commander shall not grant any further period of sick leave under this sub-regulation if the Pension Authority is satisfied, after considering the report of a medical board, that the person to whom this regulation applies will be permanently unfit for further service in the Regular Force and deems his degree of disablement to have reached a final and stationary condition.
(3) The degree of disablement of a person to whom this regulation applies shall be—
(a) in respect of disabilities mentioned in the First Schedule, the percentage indicated in that Schedule;
(b) in respect of any disability not mentioned in the First Schedule, such percentage as may be assessed by a medical board on the percentage of disability.
(4) In making a report under paragraph (b) of sub-regulation (3), a medical board shall make a comparison of the condition of the person to whom this regulation applies with the condition of a normal healthy person of the same age and sex without taking into account the earning capacity, in his disabled condition, of the person to whom this regulation applies in his own or any other trade or occupation.
(5) In the case where a person to whom this regulation applies has two or more disabilities which are the result of one or more injuries, the degree of disablement shall be determined in relation to the combined disabilities, but shall in no case exceed 100 per centum.
(6) Notwithstanding the provisions of this regulation, if the Pension Authority deems the degree of disablement of a person to whom this regulation applies to be inadequate by reason of the particular consequences of the disablement in relation to the special nature of that person's occupation, it may assess the degree of disablement at such percentage, being not more than 100 per centum, as it may deem equitable in the circumstances:
Provided that, if there is any material improvement in the earning capacity of a person to whom this regulation applies, the Pension Authority may reduce or vary any assessment made under this sub-regulation to a percentage not lower than that fixed by or under the provisions of sub-regulation (3), (5) or (12).
(7) Subject to the provisions of sub-regulation (11), a person to whom this regulation applies shall, in addition to any other benefit payable under these Regulations, be entitled—
(a) until such time as his degree of disablement is deemed by the Pension Authority to have reached a final and stationary condition, to a temporary allowance calculated under sub-regulation (8) according to his degree of disablement as assessed from time to time;
(b) when his degree of disablement has been deemed by the Pension Authority to have reached a final and stationary condition, to a pension calculated under sub-regulation (8), or to a sum calculated under sub-regulation (10), as the case may be.
(8) The annual rate of a temporary allowance or pension payable to a person to whom this regulation applies, shall be calculated—
(a) in the case of a person whose degree of disablement is 100 per centum, as the amount equal to the aggregate of two-thirds of his emoluments up to and including K1,300, and one-third of his emoluments from K1,301 to K3,040, both inclusive;
(b) in the case of a person whose degree of disablement is less than 100 per centum, as an amount equal to one-hundredth of the allowance or pension calculated as in paragraph (a), multiplied by the degree of disablement:
Provided that in the case of a person appointed to the Regular Force before the * 29th April, 1966.*commencement of these Regulations who-
(i) is required to retire because he is medically unfit; and
(ii) is entitled on his retirement to receive a pension under the provisions of regulation 18;
the pension shall, if it is to the person's advantage, be calculated in accordance with the following provisions:
A. where the degree of disablement is 100 per centum, he shall be awarded a pension equal to 50 per centum of the annual rate of his pensionable emoluments on his last day of pensionable service or total service, as the case may be;
B. where the degree of such disablement is less than 100 per centum, he shall be awarded a pension bearing the same proportion to the pension calculated in accordance with paragraph A as the degree of disablement bears to 100 per centum.
C. if the aggregate of the pension calculated in accordance with paragraph A or B, as the case may be, and the pension to which the person is entitled under the provisions of regulation 18 and any pension or pensions payable to him in respect of service under a Scheduled Government or Scheduled Governments exceeds the annual rate of his pensionable emoluments on his last day of pensionable service or total service, as the case may be, the pension calculated under this proviso shall be reduced by an amount equal to such excess. For the purposes of this paragraph, "pension" means the value of a pension without regard to any commutation for which the person concerned may have elected;
D. notwithstanding the provisions of sub-regulation (9), no allowance in respect of children shall be paid to a person who received a pension calculated in accordance with paragraph C.
(9) In addition to any temporary allowance or pension payable under sub-regulation (7) to a person to whom this regulation applies, there shall be paid in respect of that person's children, an allowance—
(a) if the degree of disablement is 100 per centum, at the rate of one forty-eighth of his emoluments or K60 per annum, whichever is the less, for the first child, and one-sixtieth of his emoluments or K48 per annum, whichever is the less, for each additional child;
(b) if the degree of disablement is less than 100 per centum, at rates in the same proportion to the rates referred to in paragraph (a) as the degree of disablement bears to 100 per centum:
Provided that any allowance payable under this sub-regulation shall cease from the date on which a pension becomes payable in respect of any of the children under the provisions of regulation 29.
(10) Notwithstanding the provisions of this regulation, the Permanent Secretary, Ministry of Finance, shall, unless the Pension Authority concurs otherwise, at the request of the person to whom this regulation applies, pay to that person, in lieu of any pension calculated under sub-regulation (8), a gratuity equal to the capitalised value thereof, calculated in terms of the Second Schedule.
(11) Temporary allowances and pensions under this regulation shall accrue—
(a) in the case of a temporary allowance, from such date as may be determined by the Commander;
(b) in the case of a pension, from such date as may be determined by the Pension Authority as the date on which it may be deemed that the degree of disablement has reached a final and stationary condition.
(12) In any case where the degree of disablement of a person to whom this regulation applies has been deemed by the Pension Authority to have reached a final and stationary condition, the Pension Authority may at any time vary the degree of disablement if it is satisfied, after considering the report of a medical board, that there has been a variation of 5 per centum or more of the total disablement in respect of such person, and any pension payable to the injured person, or any allowance payable in respect of his child under this regulation, shall thereupon be calculated accordingly.
[As amended by SI 2 of 1988, 166 of 1992 and 176 of 199.]
(1) This regulation shall apply to persons to whom this Part applies who sustain an injury which results in their death.
(2) Subject to the provisions of this Part and of Part I, the spouse and children, if any, of a person to whom this regulation applies, hereinafter in this regulation referred to as the deceased person, shall, in addition to any other benefit payable under these Regulations, be entitled—
(a) in the case of a spouse, to a pension equal to 66 2/3 per centum of the pension which would have been payable to the deceased person under paragraph (a) of sub-regulation (8) of regulation 29 had he sustained a 100 per centum degree of disability;
(b) in the case of the children, to a pension at the rate of one twenty-fourth of the emoluments of the deceased person or K120 per annum, whichever is the less, for the first child, and one-fortieth of the said emoluments or K72 per annum whichever is the less, for each additional child:
Provided that if the deceased person leaves children of a marriage or marriages previous to his marriage to his widow and the children live in households other than that in which the widow resides with her children by the deceased person, the children in those other households shall, if the Commander so determines, be entitled to pensions at the rate which would have been appropriate if they were the only children of the deceased person.
(3) Notwithstanding the provisions of sub-regulation (2), the children of the deceased person shall, subject to the provisions of regulation 10, be entitled to pensions at the rate of one-fifteenth of the deceased person's emoluments or K192 per annum, whichever is the less, each—
(a) if the deceased person leaves no spouse; or
(b) with effect from the date the pension to the widow of the deceased person ceases as a result of her marriage or death.
(4) If the deceased person leaves no spouse or child but there are other dependants, there shall be paid to those dependants in such proportions as the Commander may determine, a gratuity equal to—
(a) three times the deceased person's emoluments; or
(b) three times the rate of pension which would be payable under paragraph (a) of sub-regulation (8) of regulation 29 to a person to whom that regulation applies whose earnings are K2,880 per annum;
whichever is the less:
Provided that any amount payable in terms of this sub-regulation shall be reduced by the aggregate of any payments made to or on behalf of the deceased person under sub-regulation (7), (9), (10) or (12) of regulation 29.
(5) The estate of—
(a) an officer, soldier, or member of the Corp of Instructors who dies while in service shall be entitled to K250,000.00; and
(b) an officer or soldier who dies during the course of his official duty will be entitled to a death on duty compensation of K500,000.00 or three times his annual salary whichever is greater.
(6) The entitlements under sub-regulation (5) shall be paid in accordance with the Interstate Succession Act;
[As amended by SI 102 of 1988, 166 of 1992 and 176 of 1993.]
(1) Subject to regulation 30, a gratuity shall be payable in respect of an officer or a soldier who dies and whose death, in the opinion of the Commander, was not caused by any wrongful act or omission on the part of such officer or soldier in discharging his official duties.
(2) A gratuity payable under this regulation shall be equal to the officer's or soldier's annual pensionable emoluments at the date of his death or K45,000 whichever is the greater and shall be paid as follows:
(a) where there remains a spouse but no children, to the spouse;
(b) where there remains any children of the deceased, whether or not there is also remaining a spouse, to such persons and in such proportions as the Commander shall determine;
(c) where there is no spouse or child remaining, to the estate of the deceased.
[As amended by SI 102 of 1988.]
31. Conditions applicable to pensions and allowances payable in terms of regulation 29 or 30
The following conditions shall apply to a pension payable to the spouse, and to allowances or pensions payable in respect of the children under regulation 29 or 30, as the case may be:
(a) the pension shall be payable from the day following the death of the person to whom regulation 30 applies;
(b) the pension to the spouse shall cease from the date on which the spouse remarries;
(c) any allowance payable in respect of a child under sub-regulation (9) of regulation 29, or a pension payable under regulation 30, as the case may be, shall be paid to such person or persons as shall from time to time be determined by the Commander;
(d) if a child dies or ceases to be a child within the definition of a child in regulation 2, the allowance payable under sub-regulation (9) of regulation 29 or the pension payable under regulation 30, as the case may be, shall cease or, if there are other children, shall be adjusted accordingly;
(e) if a person to whom regulation 30 applies leaves a spouse who does not maintain or deserts or abandons a child of herself and that person, the Commander may direct that such portion of the widow's pension as he thinks fit shall be paid to such person as he may direct and be applied by such person for the benefit of such child.
[As amended by SI 102 of 1988, 166 of 1992 and 176 of 1993.]
32. Reimbursement of medical and other expenses
(1) In any case where a person to whom regulation 29 applies incurs unavoidable expense of a nature other than that referred to in sub-regulation (2) or (3), which the Commander is satisfied is directly attributable to his undergoing medical examination or treatment in respect of his injury, the Commander shall, unless the Pension Authority directs otherwise—
(a) in a case where the injured person is in receipt of a temporary allowance or pension under regulation 29, authorise the increase of the allowance or pension, together with the allowances in respect of children, if any, payable under sub-regulation (9) of that regulation, to an amount not exceeding that which would have been payable had the degree of disablement of the injured person been 100 per centum, for the period that the injured person undergoes medical examination or treatment and while travelling in connection therewith;
(b) in a case where the injured person is not in receipt of a temporary allowance or pension under regulation 29, award a temporary allowance together with the allowances in respect of the children, if any, payable under sub-regulation (9) of that regulation, not exceeding that which would have been payable had the degree of disablement been 100 per centum during the period of the medical examination or treatment and while travelling in connection therewith.
(2) When it is necessary for any person to whom regulation 29 applies to make a journey for the purpose of undergoing a medical examination or treatment in connection with his injury, the Commander shall, unless the Pension Authority directs otherwise, authorise the payment of subsistence allowance and transport costs at such rates and subject to such conditions as he may determine:
Provided that no subsistence allowance shall be payable for any period during which an injured person is an in-patient at an institution or hospital, the cost of which is paid, in whole or in part, under sub-regulation (3).
(3) A person to whom regulation 29 applies shall be entitled to the payment of such expenses, not exceeding in the aggregate K500, as the Commander is satisfied have been reasonably and necessarily incurred by that person as a result of an injury in respect of dental, medical, surgical, hospital or other treatment, including the supply of artificial limbs and appliances—
(a) where the treatment of the injury incurs expenditure in excess of K500, the Commander of the Regular Force shall report thereon and make recommendations to the Pension Authority and the Pension Authority may direct the payment of such additional payments in excess of K500 as it may approve;
(b) where the expenses are related to an injury which is due to aggravation to a material extent by the discharge of his duties—
(i) the sum payable under this sub-regulation in respect of each claim shall not exceed an amount equal to the same proportion of that claim as the actual degree of disablement of the injured person due to the aggravation bears to the degree of disablement which would have been applicable to him had the whole of his disablement been due to an injury;
(ii) the aggregate of the amounts payable under this sub-regulation shall not exceed an amount equal to the same proportion of K500, or such increased amounts as the Pension Authority may fix under paragraph (a), as the actual degree of disablement of the injured person due to the aggravation bears to the degree of disablement which would have been applicable to him had the whole of his disablement been due to an injury.
[As amended by SI 102 of 1988, 166 of 1992 and 176 of 1993.]
PART VI
DEATH BENEFITS
For the purposes of this Part—
KA = average pensionable emoluments;
KB = the annual rate of the pensionable emoluments taken by the Scheduled Government concerned for the purpose of calculating the person's gratuity or pension;
C = the age at which an officer or a soldier retires expressed in complete months;
d = completed months of pensionable service;
e = completed months of total service;
f = number of completed months between the date of death and the date on which the person would have attained his pensionable age.
[As amended by SI 102 of 1988.]
34. Death benefits: officers and members of Corps of Instructors with less than two years' service
If an officer or a member of the Corps of Instructors, whose pensionable service or total service, as the case may be, amounts to less than two years dies, there shall be paid to his legal personal representative an amount equal to the payments made by him under the provisions of regulation 5.
35. Death benefits: officers with between 2 and 10 years' service
(1) Subject to the provisions of Part I, if an officer who is not a former Federal officer and who was not a former Federal Instructor before being appointed to commissioned rank, and who was appointed to the Regular Force on transfer from the service of a Scheduled Government, and whose total service amounts to 2 years or more but less than 10 years dies, there shall be paid to his legal personal representative a gratuity calculated as follows:
(a)
| x C ; or |
|
(b) twice the amount of the payments made by the officer under the provisions of regulation 5;
whichever is the greater.
(2) Subject to the provisions of Part I, if an officer who was not appointed to the Regular Force on transfer from the service of a Scheduled Government and whose pensionable service amounts to 2 years or more but less than 10 years dies, there shall be paid to his legal personal representative a gratuity calculated as follows:
(a)
| x C ; or |
|
(b) twice the amount of the payments made by the officer under the provisions of regulation 5;
whichever is the greater.
35A. Death of officer or warrant officer before notice or date of retirement
(1) An officer who after completing 20 years or more of service and who—
(a) dies before giving due notice to retire; or
(b) after giving notice to retire dies before his date of retirement;
shall be deemed to have voluntarily retired on the date of his death in accordance with these Regulations.
(2) A soldier who after completing 20 years or more of service and who—
(a) dies before giving due notice to retire; or
(b) after giving notice to retire dies before his date of retirement;
shall be deemed to have voluntarily retired immediately before the date of his death in accordance with these Regulations.
[As amended by SI 176 of 1993.]
35B. Death of warrant officer before notice to retire or before date of retirement
A Warrant Officer or soldier who after completing 20 years or more of service and who—
(a) dies before giving due notice to retire; or
(b) after giving notice to retire dies before his date of retirement;
shall be deemed to have voluntarily retired immediately before the date of his death in accordance with these Regulations.
[As amended by SI 166 of 1992.]
36. Death benefits: other ranks
(1) Subject to the provisions of Part I, if a person—
(a) who is not an officer or a member of the Corps of Instructors or was not an officer or a member of the Corps of Instructors immediately before his transfer from the Regular Force to the service of a Scheduled Government; and
(b) was appointed to the Regular Force on transfer from the service of a Scheduled Government or was transferred from the Regular Force to the service of a Scheduled Government; and
(c) whose total service amounts to two years or more;
dies, there shall be paid and distributed amongst his widow (if any), child or children (if any) and any other dependants (if any) in accordance with the directions of the Commander, a gratuity calculated as follows:
| x C . |
|
(2) Subject to the provisions of Part I, if a person who is not an officer and who was not appointed to the Regular Force on transfer from the service of a Scheduled Government dies, there shall be paid and distributed amongst his widow (if any), child or children (if any) and other dependants (if any) in accordance with the directions of the Commander, a gratuity calculated as follows:
| x C |
|
(3) Subject to the provisions of Part I, if any person who has retired from the Regular Force and who was not an officer or a member of the Corps of Instructors dies, and the amount paid to him in respect of commuted pension under the provisions of Part VII and by way of periodical payments of the pension awarded to him under the provisions of Part III, is less than the amount which would have been payable under sub-regulation (1) or (2) had he died on his last day of total service or pensionable service, as the case may be, then the balance shall be paid and distributed amongst his widow (if any), child or children (if any) and other dependants (if any) in accordance with the directions of the Commander.
37. Pensions for widows of officers and members of Corps of Instructors
(1) Subject to the provisions of Part I and of this regulation, if—
(a) a former Federal officer; or
(b) a former Federal Instructor; or
(c) any officer who was appointed to the Regular Force on transfer from the service of a Scheduled Government and whose total service amounts to 10 years or more; or
(d) any soldier, whose total service amounts to 10 years or more;
dies and leaves a spouse, there shall be paid to the spouse a pension equal to 40 per centum of the pension for which the officer would have been eligible under the provisions of paragraph (b) of regulation 18 had he been required to retire on the date of his death because his medical grading, as determined by a medical board, made him unsuitable for further service in the Regular Force.
(2) Subject to the provisions of Part I and of this regulation, if an officer who was not appointed to the Regular Force on transfer from the service of a Scheduled Government and whose pensionable service amounts to 10 years or more, dies and leaves a spouse, there shall be paid to the spouse a pension equal to 40 per centum of the pension for which the officer would have been eligible under the provisions of paragraph (b) of regulation 18 had he been required to retire on the date of his death because his medical grading, as determined by a medical board, made him unsuitable for further service in the Regular Force.
(3) Subject to the provisions of Part I and of this regulation, if—
(a) a former Federal officer or a former Federal Instructor; or
(b) any officer whose total service amounts to 10 years or more;
who transferred from the Regular Force to the service of a Scheduled Government dies while in the service of a Scheduled Government without a break in his total service and leaves a spouse, there shall be paid to the spouse a pension calculated as follows:
|
|
| x C |
|
|
Provided that this sub-regulation shall apply only to former Federal Instructors or to persons who were officers immediately before transfer to a Scheduled Government.
(4) Subject to the provisions of Part I and of this regulation, if a retired officer or a retired member of the Corps of Instructors dies and leaves a spouse, there shall be paid to his spouse a pension equal to the pension which would have been payable to the spouse under the provisions of this regulation had the deceased person died on his last day of pensionable service or total service, as the case may be.
(5) Subject to the provisions of Part I, a pension payable under this regulation shall be paid from the day following the date of death of the officer, retired officer, member of the Corps of Instructors or retired member of the Corps of Instructors, as the case may be.
[As amended by SI 102 of 1988 and 176 of 1993.]
38. Pensions for children of officers and members of Corps of Instructors
(1) Subject to the provisions of Part I and of this regulation, if—
(a) a former Federal officer, soldier or a former Federal Instructor; or
(b) any officer, soldier whose pensionable service or total service, as the case may be, amounts to 10 years or more; or
(c) any soldier, whose pensionable service or total service as the case may be, amounts, to 10 years or more;
dies and leaves a spouse and children, there shall be paid in respect of his children, with effect from the day following the date of his death, a pension equal to the following percentages of the spouse's pension calculated under the provisions of regulation 37:
(i) for one child - 25 per centum;
(ii) for two children - 40 per centum;
(iii) for three children - 50 per centum;
(iv) for four children - 60 per centum;
(v) for five or more children - 66 2/3 per centum:
Provided that on the death or remarriage of the spouse pensions in respect of the children shall be at the rates specified in sub-regulation (2).
(2) Subject to the provisions of Part I and of this regulation, if—
(a) a retired officer or soldier; or
(b) a retired member of the Corps of Instructors; or
(c) a former Federal officer or soldier; or
(d) a former Federal Instructor; or
(e) any officer or soldier whose pensionable service or total service, as the case may be, amounts to 10 years or more;
dies and leaves no spouse, but leaves children, there shall be paid in respect of the children, with effect from the day following the date of his death, a pension equal to the following percentages of the pension that would have been payable to the spouse under regulation 37, had he left one—
(i) for one child - 50 per centum;
(ii) for two children - 80 per centum;
(iii) for three children - 100 per centum;
(iv) for four children - 120 per centum;
(v) for five or more children - 133 1/3 per centum.
(3) If a child dies or ceases to be a child within the meaning of these Regulations, the pension payable under this regulation shall cease or, if there are other children, shall be adjusted accordingly.
(4) Any pension payable under this regulation shall be paid to such person or persons as shall from time to time be determined by the Pension Authority and shall, in accordance with its determination, be paid in respect of one child or apportioned between any two or more of the children.
(5) If the deceased person leaves a spouse who does not maintain or deserts or abandons a child and such person, the Pension Authority may direct that such portion of the spouse's pension as it thinks fit shall be paid to such person as it may direct and be applied by such person for the benefit of the child.
(6) Notwithstanding any other provisions contained in these Regulations, if a pension is being paid under this regulation in respect of a child—
(a) because of the death of the parent of the child, no further pension shall be payable under this regulation in respect of that child on the death of the step-parent of that child;
(b) because of the death of the step-father of that child, no further pension shall be payable under this regulation in respect of that child on the death of the father of that child.
[As amended by SI 102 of 1988, 166 of 1992 and 176 of 1993.]
38A. Gratuity payment upon death
Subject to the provisions of Part VI an officer or a soldier whose pensionable service amounts to 10 years or more dies and whose death in the opinion of the Commander, was not caused by any wrongful act or omission on the part of such officer or soldier in discharging his official duties, there shall be paid in addition to any other benefit under this part a gratuity equal to the officer's or soldier's annual pensionable emoluments at the date of his death and shall be paid as follows:
(a) where there remains a spouse but no children, to the spouse;
(b) where there remains any children of the deceased whether or not there also remains a spouse to such person and in such proportions as the Commander shall determine;
(c) where there is no spouse or child remaining, to the estate of the deceased.
[As amended by SI 102 of 1988.]
PART VII
MISCELLANEOUS
An officer or a soldier who is entitled to a pension may elect before the payment of pension commences, to receive in lieu of either one-third or two-thirds of that pension, a gratuity calculated by multiplying the amount of pension to be commuted by the factor obtained from the Third Schedule appropriate to the officer's age on his last day of pensionable service or total service as the case may be:
Provided that if the portion of the pension not so commuted is less than K50 the Pension Authority may commute the whole pension.
[As amended by SI 102 of 1988.]
The following regulations are hereby revoked:
(a) regulations 9, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of the Defence (Regular Force) (African Members) Regulations, 1962;
(b) regulations 10, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 84A, 85, 86, 87, and 88 of the Defence (Regular Force) (Officers) Regulations, 1960;
(c) regulations 10, 11, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 91A, 92, 93 and 94 of the Defence (Regular Force) (European Members) Regulations, 1961.
There shall be a review of pensions at such intervals as the Pension Authority may decide.
[Am by SI 102 of 1988, 166 of 1992 and 176 of 1993.]
[Regulation 29(3)]
DEGREE OF DISABLEMENT OF AN INJURED PERSON
Item | Nature of disablement | Degree of disablement per centum |
GENERAL | ||
1. Loss of hand and foot above site of Syme's amputation . . . . . . . . . . . . . . | 100 |
|
2. Injury resulting in the injured person being permanently bedridden . . . . . . . . . . | 100 |
|
INJURY TO UPPER LIMB | ||
3. Loss of both hands or loss of both arms at higher sites . . . . . . . . . . . . . . | 100 |
|
4. Loss of remaining arm by an injured person who has previously lost one arm . . . . . . . . . . . . . . | 100 |
|
5. Loss of arm at shoulder or below shoulder with stump of less than 8 inches from tip of acromion . . . . . . . . . . | 70 |
|
6. Loss of arm from 8 inches below tip of acromion to less than 41/2"/> inches below tip of olecranon . . . . . . . . . . . . | 68 |
|
7. Loss of arm 41/2"/> inches below the tip of olecranon . . . . . . . . | 65 |
|
8. Loss of hand at wrist . . . . . . . . . . . . . . | 60 |
|
9. Loss of four fingers and thumb of one hand . . . . . . . . . . | 60 |
|
10. Loss of four fingers on one hand . . . . . . . . . . | 35 |
|
11. Loss of thumb: | . . . . . . . . . . | |
(a) both phalanges . . . . . . . | . . . . . . . . . . | 25 |
(b) one phalanx . . . . . . . . . | . . . . . . . . . . | 10 |
12. Loss of index finger: | . . . . . . . . . . | |
(a) first or second (additional) . . | . . . . . . . . . . | 10 |
(b) third, fourth or fifth (additional) | . . . . . . . . . . | 8 |
(c) one phalanx | . . . . . . . . . . | 4 |
(d) tip and nail, no bone | . . . . . . . . . . | 2 |
13. Loss of middle finger: | . . . . . . . . . . | |
(a) three phalanges | . . . . . . . . . . | 6 |
(b) two phalanges | . . . . . . . . . . | 4 |
(c) one phalanx | . . . . . . . . . . | 2 |
(d) tip and nail, no bone | . . . . . . . . . . | 1 |
14. Loss of ring finger: | . . . . . . . . . . | |
(a) three phalanges | . . . . . . . . . . | 5 |
(b) two phalanges | . . . . . . . . . . | 4 |
(c) one phalanx | . . . . . . . . . . | 2 |
(d) tip and nail, no bone | . . . . . . . . . . | 1 |
15. Loss of little finger: | . . . . . . . . . . | |
(a) three phalanges | . . . . . . . . . . | 4 |
(b) two phalanges | . . . . . . . . . . | 3 |
(c) one phalanx | . . . . . . . . . . | 2 |
(d) tip and nail, no bone | . . . . . . . . . . | 1 |
16. Loss of metacarpals: | . . . . . . . . . . | |
(a) first or second (additional) | . . . . . . . . . . | 3 |
(b) third, fourth or fifth (additional) | . . . . . . . . . . | 2 |
17. Ankylosis in optimum position: | . . . . . . . . . . | |
(a) shoulder | . . . . . . . . . . | 35 |
(b) elbow | . . . . . . . . . . | 35 |
(c) wrist | . . . . . . . . . . | 25 |
18. Notwithstanding the foregoing provisions of this Schedule- |
(a) in the case of a right-handed injured person, an injury to the left arm or hand, and in the case of a left-handed injured person an injury to the right arm or hand, shall be rated at 90 per centum of the above percentages; |
(b) the loss of the thumb and four fingers of one hand shall be equivalent to the loss of a hand; |
(c) when there are two or more injuries to the hand, the following basis of computing the degree of disablement shall be adopted and for this purpose a thumb shall be regarded as a finger: |
(i) where two fingers have been injured, the sum total of the percentages for each finger shall be increased by 20 per centum of such sum total; |
(ii) where three fingers have been injured, the sum total of the percentages for each finger shall be increased by 30 per centum of such sum total; |
(iii) where four fingers have been injured, the sum total of the percentages for each finger shall be increased by 40 per centum of such sum total. |
INJURY TO LOWER LIMB | |
19. Loss of both feet above site of Syme's amputation or loss of both legs at higher sites . . . . . . . . . . | 100 |
20. Loss of remaining leg by an injured person who has previously lost one leg .. | 100 |
21. Loss of leg at hip or below hip with stump not exceeding 5 inches in length measured from tip of great trochanter . . . . . . | 70 |
22. Loss of leg below hip with stump exceeding 5 inches in length measured from tip of great trochanter but not beyond middle thigh . . | 60 |
23. Loss of leg below middle thigh but not more than 4 inches below knee . . .. | 50 |
24. Loss of leg below knee with stump exceeding 4 inches . . . . . . | 30 |
25. Modified Syme's operation: | |
(a) one foot . . . . . . . . . . . . . . . . | 25 |
(b) two feet . . . . . . . . . . . . . . . . | 70 |
26. Loss of foot at tarso-metatarsal joint | 25 |
27. Loss of all toes of both feet proximal to the proximal interphalangeal joint | 25 |
28. Loss of all toes of both feet distal to the proximal interphalangeal joint | 15 |
29. Loss of all toes of one foot proximal to the proximal interphalangeal joint | 15 |
30. Loss of all toes of one foot distal to the distal inter-phalangeal joint . . | 10 |
31. Loss of great toe: . . . . . . . . . . . . | |
(a) both phalanges . . . . . . . . . . . . | 5 |
(b) one phalanx . . . . . . . . . . . . | 2 |
32. Loss of toe other than great toe if more than one toe lost, each. . | 1 |
33. Ankylosis in optimum position: | |
(a) hip . . . . . . . . . . | 50 |
(b) knee . . . . . . . . . . | 25 |
(c) ankle. . . . . . . . . . | 15 |
INJURY TO SIGHT | |
34. Total loss of sight . . . . . . . . . . | 100 |
35. Loss of remaining eye by an injured person who previously had the sight of only one eye . . . . . . . . . . . . | 100 |
36. Loss of one eye, the other eye being normal . . . . . . . . | 30 |
37. Total loss of vision of one eye, the other eye being normal . . . . | 50 |
38. Other degrees of defective vision based on the visual defect as measured after correction with glasses: |
|||||
When best visual acuity is-in one eye- | other eye- | ||||
6/6 or 6/9 | 6/24 | . . | . . | . . | 15 |
6/6 or 6/9 | 6/36 | . . | . . | . . | 20 |
6/6 or 6/9 | 6/60 | . . | . . | . . | 20 |
6/6 or 6/9 | 3/60 | . . | . . | . . | 20 |
6/12 | Nil | . . | . . | . . | 30 |
6/18 | 6/18 | . . | . . | . . | 15 |
6/18 | 6/24 | . . | . . | . . | 30 |
6/18 | 6/36 | . . | . . | . . | 40 |
6/18 | 6/60 | . . | . . | . . | 40 |
6/18 | 3/60 | . . | . . | . . | 40 |
6/18 | Nil | . . | . . | . . | 50 |
6/24 | 6/24 | . . | . . | . . | 30 |
6/24 | 6/36 | . . | . . | . . | 40 |
6/24 | 6/60 | . . | . . | . . | 50 |
6/24 | 3/60 | . . | . . | . . | 50 |
6/24 | Nil | . . | . . | . . | 70 |
6/36 | 6/36 | . . | . . | . . | 50 |
6/36 | 6/60 | . . | . . | . . | 60 |
6/36 | 3/60 | . . | . . | . . | 60 |
6/36 | Nil | . . | . . | . . | 70 |
6/60 | 6/60 | . . | . . | . . | 80 |
6/60 | 3/60 | . . | . . | . . | 80 |
6/60 | Nil | . . | . . | . . | 90 |
3/60 | 3/60 | . . | . . | . . | 80 |
3/60 | Nil | . . | . . | . . | 90 |
Nil | Nil | . . | . . | . . | 100 |
INJURY TO HEARING | |
39. Total deafness in both ears . . . . . . . . . . | 50 |
40. Shout not audible at a distance of more than 3 feet. . . . | 40 |
41. Conversational voice not audible at a distance of more than 1 foot | 30 |
42. Conversational voice not audible at a distance of more than 3 feet | 20 |
43. Conversational voice not audible at a distance of more than 6 feet | 10 |
44. Conversational voice not audible at a distance of more than 9 feet: | |
(a) one ear totally deaf . . . . . . . . | 7 |
(b) otherwise, less than . . . . . . . . | 7 |
45. The degree of disablement indicated opposite items 40 to 44, both inclusive, shall be in respect of both ears used together. |
[Regulation 29(10)]
CALCULATION OF THE CAPITALISED VALUE OF A PENSION
The capitalised value of a pension shall be determined by multiplying the amount of the pension by the relevant factor shown in the following table according to the age of an injured person on his birthday following the date concerned:
Age next birthday | Factor |
Under 20 years. . . . . . | 16.00 |
20 years or more but less than 25 years | 15.50 |
25 years or more but less than 30 years | 15.00 |
30 years or more but less than 35 years | 14.50 |
35 years or more but less than 40 years | 14.00 |
40 years or more but less than 45 years | 13.00 |
45 years or more but less than 50 years | 12.00 |
50 years or more but less than 55 years | 11.00 |
55 years or more but less than 60 years | 10.00 |
60 years or more but less than 65 years | 8.50 |
65 years or more but less than 70 years | 7.00 |
[Regulation 39]
COMMUTATION OF PENSION FACTORS
SINGLE CASH PAYMENT IN COMMUTATION OF PENSION OF K1 (ONE KWACHA) PER ANNUM
Cash Payment
Cash Payment | Cash Payment |
||||
Nearest |
|
| Nearest |
|
|
Up to 2020 | 34.98 | 35.66 | 48 | 26.64 | 28.76 |
20.5 | 34.88 | 35.58 | 48.5 | 26.40 | 28.56 |
21 | 34.78 | 34.48 | 49 | 26.16 | 28.38 |
21.5 | 34.68 | 35.40 | 49.5 | 25.92 | 28.18 |
22 | 34.58 | 35.30 | 50 | 25.68 | 28.00 |
22.5 | 34.48 | 35.22 | 50.5 | 25.44 | 27.80 |
23 | 34.38 | 35.12 | 51 | 25.18 | 27.60 |
23.5 | 34.28 | 35.04 | 51.5 | 24.68 | 27.38 |
24 | 34.16 | 34.94 | 52 | 24.42 | 26.18 |
24.5 | 34.06 | 34.86 | 52.5 | 24.42 | 26.96 |
25 | 33.94 | 34.76 | 53 | 24.18 | 26.74 |
25.5 | 33.84 | 36.66 | 53.5 | 23.92 | 26.52 |
26 | 33.72 | 34.56 | 54 | 23.66 | 26.30 |
26.5 | 33.60 | 34.46 | 54.5 | 23.40 | 26.06 |
27 | 33.40 | 34.36 | 55 | 23.14 | 25.84 |
27.5 | 33.36 | 34.26 | 55.5 | 25.86 | 25.58 |
28 | 33.24 | 34.16 | 56 | 22.60 | 25.34 |
28.5 | 33.12 | 34.26 | 56.5 | 22.32 | 25.10 |
29 | 33.00 | 33.96 | 57 | 22.06 | 24.84 |
30 | 32.76 | 33.74 | 58 | 21.52 | 24.34 |
30.5 | 32.62 | 33.64 | 58.5 | 21.24 | 24.00 |
31 | 32.50 | 33.54 | 59 | 20.96 | 23.80 |
31.5 | 32.36 | 33.42 | 59.5 | 20.68 | 23.52 |
32 | 32.24 | 33.30 | 60 | 20.40 | 23.26 |
32.5 | 32.10 | 33.20 | 60.5 | 20.12 | 22.98 |
33 | 31.96 | 33.00 | 61 | 19.84 | 22.70 |
33.5 | 31.82 | 32.96 | 61.5 | 19.56 | 22.40 |
34 | 31.68 | 32.84 | 62 | 19.28 | 22.12 |
34.5 | 31.54 | 32.72 | 62.5 | 18.98 | 21.82 |
35 | 31.40 | 32.60 | 63 | 18.70 | 21.52 |
35.5 | 31.24 | 32.48 | 63.5 | 18.42 | 21.22 |
36 | 31.10 | 32.36 | 64 | 18.12 | 20.92 |
36.5 | . . | 30.94 | 32.24 | 64.5 | 17.84 | 20.60 |
37 | . . | 30.80 | 32.10 | 65 | 17.56 | 20.30 |
37.5 | .. | 30.64 | 31.98 | 65.5 | 17.26 | 19.98 |
38 | . . | 30.48 | 31.84 | 66 | 16.96 | 19.66 |
38.5 | . . | 30.32 | 31.72 | 66.5 | 16.68 | 19.34 |
39 | . . | 30.14 | 31.58 | 67 | 16.38 | 19.02 |
39.5 | . . | 29.98 | 31.44 | 67.5 | 16.10 | 18.70 |
40 | . . | 29.82 | 31.30 | 68 | 15.50 | 18.06 |
40.5 | . . | 29.64 | 31.16 | 63.5 | 15.50 | 18.06 |
41 | . . | 29.46 | 31.02 | 69 | 15.20 | 17.72 |
41.5 | . . | 29.28 | 30.88 | 69.5 | 14.92 | 17.40 |
42 | . . | 20.19 | 30.72 | 70 | 14.62 | 17.00 |
42.5 | . . | 29.10 | 30.58 | 70.5 | 14.32 | 16.72 |
43 | . . | 28.92 | 30.42 | 71 | 14.02 | 16.38 |
43.5 | . . | 28.52 | 30.28 | 71.5 | 13.72 | 16.06 |
44 | . . | 28.34 | 30.12 | 72 | 13.42 | 15.72 |
44.5 | . . | 28.14 | 29.96 | 72.5 | 13.12 | 15.38 |
45 | . . | 27.94 | 29.80 | 773 | 12.82 | 15.04 |
45.5 | . . | 27.72 | 29.62 | 73.5 | 12.54 | 14.72 |
46 | . . | 27.52 | 29.46 | 74. | 12.24 | 14.38 |
46.5 | . . | 27.30 | 29.28 | 74.5 | 11.96 | 14.04 |
47 | . . | 27.08 | 29.12 | 75 | 11.68 | 13.70 |
47.5 | . . | 26.86 | 28.94 |
[As amended by SI 102 of 1988.]
DEFENCE FORCE (UNITED NATIONS PEACEKEEPING OPERATIONS) (EMOLUMENTS) REGULATIONS
[Section 210]
Arrangement of Regulations
Regulation
1. Title
2. Interpretation
3. Reimbursement
4. Revocation of S.I. No. 7 of 1994
SI 70 of 2022.
These Regulations may be cited as the Defence Force (United Nations Peacekeeping Operations) (Emoluments) Regulations.
In these Regulations, unless the context otherwise requires—
"contingent" means a group of soldiers and officers representing the Defence Force of the Republic, as part of a military force joining another Defence Force outside the Republic;
"contingent owned equipment" means major or minor equipment, and consumables deployed and operated by a contingent in the performance of peacekeeping operations; and
"reimbursement" means a sum of money paid to the Republic by the United Nations to recover money that is spent or lost by the Republic for providing contingent owned equipment personnel and self-sustainment support services to a contingent in a peacekeeping operation.
(1) A reimbursement to the Republic shall be retained by the Defence Force.
(2) Despite subregulation (1), a reimbursement received for providing personnel shall be disbursed to each deployed officer and soldier at a rate of 100 per cent.
4. Revocation of S.I. No. 7 of 1994
The Zambia Defence Force (United Nations Peace Keeping Operations in Mozambique) (Emoluments) Regulations, 1994 are revoked.
{/mprestriction}