CHAPTER 108 - EMERGENCY POWERS ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Emergency (Essential Supplies and Services) Regulations
[Section 3]
Arrangement of Regulations
Regulation
1. Title
2. Power to acquire certain undertakings
3. Compensation to be paid
4. Disputes
5. Procedure in National Assembly
6. Effect of decisions
7. Transfer and powers
8. President may withdraw from acquisition
9. Principles of assessment of compensation, etc.
10. Offences and penalties
11. Orders
[Regulations by the President]
Act 13 of 1994,
SI 216 of 1986,
SI 126 of 1997.
These Regulations may be cited as the Emergency Powers Regulations.
2. Power to acquire certain undertakings
(1) It is hereby authorised that any undertaking in an industry which has been declared a strategic industry by the President may be acquired, or possession of or control over it may be taken or acquired, on behalf of the Republic.
(2) Any land or other property of such undertaking which, in the opinion of the President, is necessary for the operations of such undertaking shall be deemed to be part of such undertaking for the purposes of these Regulations.
(3) In exercise of the powers contained in sub-regulation (1), the President may authorise any person to enter upon any land or property and take control thereof, and exercise the other powers contained in these Regulations in respect of any undertaking, notwithstanding that no compensation has yet been agreed or paid.
Where any of the powers contained in regulation 2 are exercised in respect of any undertaking, the Minister responsible for finance shall, on behalf of the Republic, pay in respect thereof, such compensation in money as may be agreed or, in default of agreement, determined in accordance with these Regulations.
(1) If within six months from the exercise in respect of any undertaking of the powers contained in regulation 2 there remains outstanding any dispute relating to or in connection with such exercise of powers, other than a dispute as to the amount of compensation, the Attorney-General or any person claiming any interest in the undertaking may institute proceedings in the High Court for the determination of such dispute.
(2) Where any dispute arises as to the amount of compensation, the Attorney-General or any person claiming compensation may, and if such dispute is not settled within the aforementioned period of six months, shall refer such dispute to the National Assembly which shall by resolution determine the amount of compensation to be paid.
(3) No compensation determined by the National Assembly under these Regulations shall be called in question in any court on the grounds that it is not adequate.
(4) The existence of any dispute as aforesaid shall not affect the right of the President and persons authorised by him to take possession of and operate the undertaking.
5. Procedure in National Assembly
{mprestriction ids="2,3,5"}
Where a dispute as to the amount of compensation is referred to the National Assembly and either party wishes to adduce evidence, such evidence shall be heard by a select committee of the National Assembly. The powers, duties and proceedings of such select committee shall be governed by the Standing Orders of the National Assembly for the time being in force.
(1) The decision of the High Court (or, in the case of an appeal, the Supreme Court) shall be final and conclusive as between all the parties to the proceedings in question.
(2) The payment to the person who appears to be entitled thereto (or into court if the identity of such person, or any question of apportionment, is doubtful or in dispute) of the compensation determined by the National Assembly shall operate as a complete discharge of the Republic from all claims in respect of the undertaking, but shall not bar any subsequent proceedings against the person to whom the same was awarded by any person claiming to have a better right to the compensation or the right to a share thereof:
Provided that no proceedings under this sub regulation by any person claiming to have a better right to any compensation or a right to a share therein shall be commenced after the expiration of three years from the date of the final decision.
(3) For the purposes of this regulation, the date of the final decision means the date of the settlement by agreement, the date of the passing of the resolution of the National Assembly referred to in regulation 4 or the date of the judgment of the High Court or the Supreme Court, as the case may be.
(4) Where it appears to the President that any estate or interest in any property or undertaking acquired under these Regulations was held by any person in any fiduciary or representative capacity, the Attorney-General may apply to the court for directions as to whom and in what proportions the compensation should be paid.
(1) Any undertaking or property in respect of which the President has exercised the powers contained in regulation 2 shall be deemed to have been transferred to the Republic by virtue of these Regulations and without more.
(2) If the undertaking is a company registered under the Companies Act, the shares in such company shall be deemed to have been transferred to the Republic from the date on which the powers contained in regulation 2 were exercised.
(3) If the undertaking is owned by a single person or is a firm or a partnership, the ownership thereof, together with all licenses and permits, shall be deemed to have been transferred to the Republic.
(4) The President may appoint a competent authority who by itself or through any person authorised in that behalf by it, may exercise all the powers which before the transfer to the Republic of the undertaking were the powers of the owner, shareholders, board of directors, chief executive, secretary or any other officer of the undertaking.
(5) Without derogation from the generality of sub-regulation (4), such powers shall include the powers to—
(a) carry on the operations of the undertaking;
(b) operate any bank accounts of the undertaking;
(c) administer all assets, liabilities, contracts and agreements;
(d) enter into contracts, negotiations or other arrangements;
(e) sue and be sued in the name of the undertaking; and
(f) do all such things as the undertaking could lawfully have done prior to the transfer.
8. President may withdraw from acquisition
(1) Nothing in these Regulations shall be construed as requiring the President to complete the acquisition of any undertaking:
Provided that where possession of or control over or interest in any undertaking has been taken and the President decides not to complete the acquisition, the Government shall pay to the owner thereof, and all persons affected thereby, reasonable compensation including such reasonable costs and expenses as may have been incurred by them by reason or in consequence of the action by Government.
(2) The amount of such compensation shall, in default of agreement, be determined by the High Court.
9. Principles of assessment of compensation, etc.
In determining the amount of any compensation (including costs or expenses) payable under these Regulations, the National Assembly, the court and every other person shall have due regard to the fact that such undertaking has become part of an industry which has been declared a strategic industry.
(1) Any person who wilfully fails to comply with a notice to yield up possession, or who wilfully hinders or obstructs any duly authorised person taking possession of any undertaking or property in terms of these Regulations or exercising any rights or performing any functions under these Regulations in relation thereto, shall be guilty of an offence and liable on conviction to a fine not exceeding twelve thousand five hundred penalty units or to imprisonment for a term not exceeding two years, or to both.
(2) If any person hinders or obstructs any duly authorised person from taking possession of any undertaking, land or other property in terms of these Regulations, the Attorney-General may apply ex parte to the High Court for an appropriate order and such court may thereupon, and upon proof of the due service of the notice to yield up possession, issue the necessary order addressed to any officer of the court or to any police officer and such officer or police officer shall forthwith eject any person so withholding possession.
[Am by Act 13 of 1994.]
The Minister responsible for industry may, by statutory instrument, make orders for the better carrying out of the provisios of these Regulations.
EMERGENCY (ESSENTIAL SUPPLIES AND SERVICES) REGULATIONS
[Section 3]
Arrangement of Regulations
Regulation
1. Title
2. Application
3. Deportation of certain non-citizens
4. Power to acquire property
5. Entry and search
6. Disposal of goods and commodities
7. Compensation to be paid
8. Disputes
9. Procedure in National Assembly
10. Offences and penalties
11. Orders
[Regulations by the President]
Act 13 of 1994,
SI 38 of 1988.
These Regulations may be cited as the Emergency (Essential Supplies and Services) Regulations.
These Regulations shall apply to the whole of the Republic.
3. Deportation of certain non-citizens
Any person who is not a citizen of Zambia and whose license under the Trades Licensing Act has been revoked by the President may be deported from the Republic.
(1) It is hereby authorised that any property or undertaking, other than land, belonging to—
(a) any person referred to in regulation 3; or
(b) any person or company whose license has been revoked by the President under the Trades Licensing Act,
may be acquired or possession of, or control over, such property or undertaking may be taken or acquired, by the Republic.
(2) In exercise of the powers contained in sub-regulation (1), the President may authorise any person to enter any property or undertaking and take possession of, or control on behalf of the Republic of, such property or undertaking, and exercise any powers contained in these Regulations in respect of such property or undertaking notwithstanding that no compensation has yet been agreed or paid.
A person authorised by the President (hereinafter referred to as an “authorised person”) may at any time, without warrant, enter and search any premises belonging to any person or company whose license has been revoked by the President under the Trades Licensing Act.
6. Disposal of goods and commodities
(1) Any goods or commodities found on any property or undertaking which is the subject of regulation 4 and belonging to, any person or company whose license has been revoked according to regulations 3 and 4(1)(b) respectively may be confiscated and thereafter disposed of as the President may direct.
(2) In these Regulations the words “goods” and “commodities” have the meaning assigned to them in the Control of Goods Act.
Where any of the powers contained in regulation 6 are exercised, the Minister responsible for finance shall, on behalf of the Republic, pay—
(a) in the case where the goods or commodities were purchased on a wholesale license, the manufacturer’s price;
(b) in a case where the goods or commodities were purchased on a retailers license, the wholesaler’s price.
(1) Where any dispute arises as to the amount of compensation, the Attorney-General or any person claiming compensation may, if such dispute is not settled within six months, refer the dispute to the National Assembly which shall by resolution determine the amount of compensation to be paid.
(2) No compensation determined by the National Assembly under these Regulations shall be called in question in any court on the grounds that it is not adequate.
(3) The existence of any dispute shall not affect the right of the President and persons authorised by him to take possession of, or control of, any property or dispose of any goods or commodities confiscated.
9. Procedure in National Assembly
Where a dispute as to the amount of compensation is referred to the National Assembly and either party wishes to adduce evidence, such evidence shall be heard by a select committee of the National Assembly. The powers, duties and proceedings of such select committee shall be governed by the Standing Orders of the National Assembly for the time being in force.
Any person who wilfully fails to comply with an order to yield up possession, or who wilfully hinders or obstructs any duly authorised person taking possession of, or control of, any undertaking or property in terms of these Regulations or exercising any rights or performing any functions under these Regulations shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
[Am by Act 13 of 1994.]
The Minister responsible for commerce may, by statutory instrument, make orders for the better carrying out of the provisions of these Regulations.
[Section 3]
Arrangements of Regulations
Regulation
1. Title
2. Application of Preservation of Public Security Regulations
SI 126 of 1997.
These Regulations may be cited as the Emergency Regulations, 1997.
2. Application of Preservation of Public Security Regulations
The Preservation of Public Security Regulations made under the Preservation of Public Security Act shall apply as if made under the Emergency Powers Act.{/mprestriction}