LAW ASSOCIATION OF ZAMBIA: SUBSIDIARY LEGISLATION(CHAPTER 31 )

(1) There shall be an Electoral Committee which shall consist of a Chairman and two other members appointed by the Council from amongst the members of the Association, in respect of each election.

(2) The Committee shall—

(a) ensure that elections are conducted in accordance with these Rules;

(b) issue necessary instructions to the Returning Officer, Presiding Officer and Election Officers to ensure compliance with the provisions of these Rules;

(d) perform any other functions conferred on the Committee by these Rules.

4. Returning Officer

(1) The Returning Officer shall be appointed by the Council from amongst the members of the Association for the purpose of electing—

(a) officers;

(b) members of the Council, and

5. Functions of Returning Officer

The Returning Officer shall—

(a) perform the duties and functions of the presiding officer;

(b) ensure that elections are conducted impartially and in accordance with these Rules and any other Rules in force; and

6. Election Officers

The Council shall appoint in respect of each election, not more than three election officers from amongst the full members of the Association, who shall assist the Returning Officer in the performance of his functions.

7. Election Agent

(1) A candidate may appoint an election agent who shall be named in the candidate’s nomination papers, and shall be the candidate’s election agent for those elections.

[Rule 7(1) subs by rule 3 of SI 6 of 2000.]

(2) An election agent referred to in sub-rule (1), shall be a member of the Association.

(3) A candidate may revoke the appointment of his election agent at any time by giving written notice to the election agent.

(4) The election agent may resign by giving written notice to the candidate.

7A. Qualification for nomination

A member qualifies for nomination if the member, in the case of a nomination for election as—

(a) an officer, has been a member of the Association in good standing for the last ten years immediately preceding the nomination; and

(b) a member of the Council, has been a member of the Association in good standing for the last five years immediately preceding the nomination.

8. Nomination day

(1) The principal rules are amended by the revocation of rule 8 and the substitution therefore of the following rule:

(a) Not less than fourteen days from the date of holding the Annual General meeting, appoint the days on which, the places where, and the time when the returning officer may receive nominations of candidates under these rules; and

(b) Publish in two consecutive issues of one newspaper circulating in zambia the days on which, places where and time within which the returning officer shall receive nominations

(2) Any nomination received after the days and time and in a place other than that appointed under sub-rule (i) shall be void.

(3) All nomination papers shall be lodged with the returning officer at the secretariat and such other place as shall be appointed for the purpose by the council in accordance with sub-rule (1).

(4) The Returning officer shall receive nomination papers on the days, at the place and within the hours prescribed under sub-rule (1).

[Rule 8 subs by rule 4 of SI 6 of 2000.]

9. Identification of candidates

Any candidate standing for elections shall use the names appearing on the voters roll or members register, to identify himself.

PART III
PROCEDURE FOR NOMINATION

10. Nomination of candidates

(1) The Returning Officer shall provide nomination papers to persons who qualify for nomination and who request for such papers.

(2) A candidate in an election or his election agent shall lodge with the Returning Officer, his nomination papers in accordance with the provisions of this part.

[Rule 10(2) am by rule 5(a) of SI 6 of 2000.]

(3) The nomination paper referred to in sub-rule (2) shall be in Form LAZ 1 set out in the Schedule.

(4) The candidate referred to in sub-rule (2) shall—

(a) complete the form referred to in sub-rule (3);

(b) personally or through the election agent acting on his behalf sign the form and attach to the nomination paper a copy of the written authority appointing the election agent as such;

[Rule 10(4)(b) subs by rule 5(b) of SI 6 of 2000.]

(d) lodge the nomination papers within the period appointed under Rule 8; and

(e) pay the non-refundable nomination fee of—

(i) one hundred thousand Kwacha in the case of a candidate for the position of Chairman or Vice-Chairman; or

(ii) seventy-five thousand Kwacha in the case of a candidate for the position of Secretary or Treasurer; or

(iii) ...

[Rule 10(4)(e)(iii) rep by rule 4 of SI 16 of 2017.]

(5) The candidate lodging a nomination paper or his election agent, shall present himself to the Returning Officer.

{mprestriction ids="2,3,5"}

[Rule 10(5) am by rule 5(c) of SI 6 of 2000.]

(6) ...

[Rule 10(6) rep by rule 5(d) of SI 6 of 2000.]

11. Withdrawal of nomination

A nomination may be withdrawn by the candidate or his election agent at any time before the expiry of the period appointed for lodging nomination papers by giving written notice to the Returning Officer.

[Rule 11 am by rule 6 of SI 6 of 2000.]

12. Validity of nomination

(1) The Returning Officer shall determine the validity of each nomination lodged under Rule 8, and shall do so by signing the nomination paper.

[Rule 12(1) am by rule 7 of SI 6 of 2000.]

(2) The Returning Officer shall declare any nomination invalid if the nomination paper—

(a) was not duly completed;

(b) is not properly signed;

(d) is not accompanied by the declaration referred to in the nomination paper or the declaration is defective in any material particular; or

(e) the appropriate fee was not paid.

(3) The Returning Officer shall endorse on the nomination paper his reason for declaring the nomination invalid and shall sign such endorsement.

13. Procedure after determining the validity of nomination

(1) A Returning Officer shall, after determining the validity of the nominations lodged, inform the Committee of the names of the candidates validly nominated.

(2) Where the Returning Officer determines that no candidate has been validly nominated for any position, the Returning Officer shall inform the Committee accordingly.

(3) Where the Committee is informed under sub-rule (2) that no candidate has been validly nominated to any position the Committee shall, in respect of that position, call for further nominations.

(4) Where only one candidate has validly filed his nomination papers for any position or office, there shall be no election held for that position or office, and the Returning Officer shall declare such candidate to be duly elected and inform the Committee accordingly.

(5) Where in the case of nominations for election to the council, only twelve candidates have validly filed their nomination papers, there shall be no election held for the council and the returning officer shall declare such candidates duly elected and inform the committee accordingly.

[Rule 13(5) ins by rule 8 of SI 6 of 2000.]

14. Notice of polls

(1) Where two or more candidates have been validly nominated for election to a particular position or office, the Returning Officer shall give notice to the Council and the Committee that a poll shall be taken on the day appointed and such notice shall set out the names of such candidates in alphabetical order of surnames.

(2) The Committee shall publish information regarding nominations to the members of the Association.

15. Inspection of nomination papers

(1) Any person may, at any reasonable time, inspect the nomination papers validly filed with the Returning Officer after the notice referred to in Rule 14 has been given.

(2) The inspection referred to in sub-rule (1) shall be conducted before the day of taking the poll.

PART IV
THE POLL AND THE BALLOT

16. The polls

(1) The polls for any position or office in the Council shall be conducted at the Annual General Meeting held in the year in which the term of office of an officer and a member of the Council expires.

[Rule 16(1) subs by rule 5(a) of SI 16 of 2017.]

(2) The polls referred to in sub-rule (1) shall constitute part of the business of the Annual General Meeting at which they are conducted.

[Rule 16(2) ins by rule 5(a) of SI 16 of 2017.]

(3) A person eligible to vote and is a fully paid up member shall cast his vote for any position or office.

[Rule 16(2) renumbered as 16(3) by rule 5(b) of SI 16 of 2017.]

(4) A member of the Association, who is not fully paid up, shall not vote during any election.

[Rule 16(3) renumbered as 16(4) by rule 5(b) of SI 16 of 2017.]

(5) An eligible voter shall be identified by—

(a) his valid membership card; and

[Rule 16(4)(a) am by rule 9 of SI 6 of 2000.]

(b) evidence that he is a paid up member of the Association.

[Rule 16(4) renumbered as 16(5) by rule 5(b) of SI 16 of 2017.]

(6) Every poll taken under these Rules shall be by secret ballot and in accordance with the provisions of these Rules.

[Rule 16(5) renumbered as 16(6) by rule 5(b) of SI 16 of 2017.]

17. Voting by proxy

(1) A member who is eligible to vote may vote by proxy.

(2) A person qualifies for appointment as proxy if the person is a member who is eligible to vote.

(3) A person shall not act as a proxy for more than two members.

(4) A member who intends to vote by proxy shall complete Form LAZ 2 set out in the Schedule.

[Rule 17 subs by rule 6 of SI 16 of 2017.]

18. Ballot paper

(1) The ballot paper for an election of members of the Council shall be in Form LAZ 3 set out in the Schedule.

[Rule 18(1) am by rule 7 of SI 16 of 2017.]

(2) The ballot paper for an election to the office of Chairman, Vice-Chairman, Secretary or Treasurer, shall be in Form LAZ 4 set out in the Schedule.

19. Insurance of ballot paper

A person referred to in rule 17 shall be issued with a ballot paper if

(a) His name is recorded in the register of the members of the association

(b) he is a paid up member; and

[Rule 19 subs by rule 11 of SI 6 of 2000.]

20. Ballot boxes and election material

(1) The Committee shall ensure that there are sufficient ballot boxes and ballot papers and shall provide the Presiding Officer with copies of the Voters’ Roll and all the election material used in the election.

(2) The Committee shall make such arrangements to facilitate the taking of the Poll and to ensure that it is taken in the manner provided by these Rules.

21. Procedure for casting votes

(1) Before issuing a ballot paper to the voter, an election officer shall—

(a) call out the name and number of the member as recorded in the voter’s roll; and

(b) stamp such ballot paper with the official mark.

(2) The voter, on receiving the ballot paper, shall signify his vote by secretly writing the name of the candidate and folding the ballot paper and placing it in the ballot box for that purpose.

22. Counting of votes

(1) The Returning Officer shall ensure that the counting of votes cast takes place as soon as practicable after the close of the poll.

(2) A candidate or his agent in any election shall be entitled to be present and observe the counting of votes cast.

(3) The votes cast shall be counted by the Returning Officer with the help of election officers.

23. Spoilt papers

(1) The Returning Officer shall not count any ballot paper if the ballot paper is—

(a) not properly complete, or

(b) unmarked or invalid for uncertainty.

(2) The Returning Officer shall write the word “rejected” on any spoilt ballot paper which is not to be counted and shall add “rejection objected to” if any objection to the Returning Officer’s decision is made by a candidate, or his election agent.

24. Questions arising on decision of Returning Officer

Except on an election petition filed under these Rules, the decision of the Returning Officer on any question arising in respect of any ballot paper shall not be questioned.

25. Recounting of votes

(1) Where a candidate or his election agent disputes the results of the votes counted, the candidate, or his election agent may, if present when the counting or any recounting of the votes is completed, require the Returning Officer to have the votes recounted or again recounted.

(2) The Returning Officer, if not satisfied with the results of votes counted may, on his own initiative, have the votes recounted.

(3) The Returning Officer may refuse the request under sub-rule (1) if in his opinion, it is unreasonable to do so.

26. Equality of votes

In the event of an equality of votes between two or more leading candidates, the chairman of the electoral committee shall have a casting vote.

[Rule 26 subs by rule 12 of SI 6 of 2000.]

27. Results of elections

The results of the poll shall be announced at the Annual General Meeting at which the Poll is conducted as soon as the votes are counted.

28. Control of persons during polling

The Presiding Officer shall keep order during voting and may require persons who are not eligible to vote to leave the Annual General Meeting during voting.

PART V
PROCEDURE AFTER COUNTING THE VOTES

29. Ballot papers to be sealed in packets after counting

On the completion of the counting of votes cast in an election, the Returning Officer shall seal separate marked packets of ballot papers counted in respect of each candidate, and shall place the rejected ballot papers in a single marked packet.

30. Custody and destruction of election matter

(1) The ballot papers sealed in accordance with Rule 29 and all other election material shall be delivered to the secretariat of the Association and the Committee shall ensure that the ballot papers and all election materials are retained for a period of thirty days after the day on which the results of an election are declared, and shall cause them to be destroyed after thirty days.

(2) Where the Committee has been informed that an election petition has been presented in respect of such election the packets shall not be destroyed until such time as the trial for such election petition has been finally determined.

30A. Campaign material to be produced and distributed through Association

Campaign material shall be produced and distributed through the association, by way of newsletters, notices, or other materials and election manifestos shall be done with decorum.

[Rule 30A ins by rule13 of SI 6 of 2000.]

PART VI
MISCELLANEOUS

31. Election petition

(1) Any election of a candidate or any decision made under these Rules shall be questioned by an election petition filed under these Rules.

(2) An election petition under these Rules shall be filed in the High Court.

(3) The procedure and grounds for filing any election petition under these Rules shall be as provided under Part VI of the Electoral Act and the Rules made by the Chief Justice under that Act, but may be varied as circumstances and these Rules permit.

32. Amendment of Rules

These Rules may be amended or revoked by a resolution of the Council, but no such amendment shall come into force until the Rules are approved by a resolution of the Association at a general meeting.

[Rule 32 am by rule 14 of SI 6 of 2000.]

33. Indemnity

Members of the Committee, Returning Officers and Election Officers shall not be personally liable for anything done or omitted to be done in the performance of their duties under these Rules.

SCHEDULE

LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES

[Rule 10]

NOMINATION PAPER

To: The Returning officer

We, the undersigned, being full members of the Association do hereby nominate-

First Name (in BLOCK CAPITALS)....................................................

Surname (in BLOCK CAPITALS)……………………………………………

Membership Card No………………………………………………………….

Name of Firm/Company/employer …………………………………………….

Postal Address …………………………………………………………………

………………………………………………………………………………….and stand as a candidate for election as ………………………………………….

And I, the said (full name of candidate in BLOCK CAPITALS)

………………………………………………………………………………….

Hereby declare that I accept the nomination.

Election Agent (full name) ………………………………………………………

Membership Card/Reference Number …………………………………………

Postal Address …………………………………………………………………

Date ……………………………………………..

………………………………………………….

Signature of Candidate /Election Agent

Received by me at ……………………… hours the ………………….Day of ……………………………………… 2000

………………………………………………………

Signature of Returning Officer

*Indicate Chairman /Vice Chairman, Secretary, Treasurer, Council member or member of the Legal Practitioners Committee as the case may be .

NOTES

1 Candidates are advised to acquaint themselves with the provisions of the rules before completing this nomination paper.

2 When this nomination paper is lodged it must be accompanied by the fee prescribed under paragraph (e) of sub-rule (4) of rule 10.

3 A candidate may authorize his election agent to lodge his nomination paper with returning officer on his behalf but in that event the written authorization of the candidate is required to be attached to the nomination paper.

	Full Name Block Capitals	Signature	Member's Card/ Reference Number
Proposed by
Seconded by
Supported by

[Form subs by rule 15 of SI 6 of 2000.]

FORM LAZ 2

LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES

[Rule 17]

PROXY FORM

I …………………………………………………. Of …………………………………………………. Being a paid up member of the Law Association of Zambia hereby appoint ……………………………………………….. also being a paid up member of the Association, as my Proxy to vote for me on my behalf at the Annual/Extra-ordinary General Meeting of the Law Association of Zambia to be held on …………………………………….

Date this …………………………………. Day of ………………………….. 2000

I ……………………………………………………… will be/will not be attending the Annual General Meeting.

Signed: …………………………………………..
Member

Card No. ……………………………………………

[Form LAZ 2 subs by rule 15 of SI 6 of 2000.]

Rule 18(1)

FORM LAZ 3

LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES

[Rule 18]

BALLOT PAPER

ELECTION OF COUNCIL MEMBERS/MEMBERS OF THE LEGAL PRACTITIONERS COMMITTEE*

NAMES OF CANDIDATES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

* Delete whichever is not applicable.

Note- Write the names of the candidates for whom you wish to vote in BLOCK LETTERS. You may vote for up to 12 candidates in case of an election of Council members and up to 7 in case of an election of members of the Legal Practitioners Committee. To be valid each Ballot paper must be signed by the person voting or his/her proxy.

Signed.............................................................

Rule 18(2)

FORM LAZ 4

LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES

[Rule 18]

BALLOT PAPER

ELECTION OF CHAIRMAN/VICE-CHAIRMAN/SECRETARY/ TREASURER* 1900/1900

NAME OF CANDIDATE

Note: Write the name of the candidate for whom you wish to vote in BLOCK LETTERS. You may vote for only one candidate. To be valid each Ballot paper must be signed by the person voting or his/her proxy.

Signed.............................................................

* Delete whichever is not applicable.

LAW ASSOCIATION OF ZAMBIA (GENERAL) RULES

[Section 24]

Arrangement of Rules

Rule

1. Short Title

2. Interpretation

3. Membership

4. Entrance Fees and Periodical Subscriptions

9. Reports and Accounts

10. Members of Council

11. Seal

12. Proceedings of Council

13. Committees

14. Disclosure of interest

15. Prohibition of publication or disclosure of information to unauthorised persons

16. Arbitration

17. Notices

18. Amendment of Rules

19. Revocation of the Law Society of Zambia (Private) Rules

SCHEDULE

[Rules by Council]

SI 155 of 1996,

SI 17 of 2017.

1. Short Title

These Rules may be cited as the Law Association of Zambia (General) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—

“member” means a full or associate member of the Association;

“month” means calendar month;

“Rules” means these Rules or any other rules made by the Council;

“Secretary” means the Secretary of the Association.

3. Membership

(1) A full member of the Association shall be a person qualified under paragraph (a) or (b) of sub-section (2) of section 5 of the Act.

(2) An associate member shall be a person ordinarily resident in Zambia who—

(a) qualifies under section 6 of the Legal Practitioners Act; or

(b) qualifies to practice as a solicitor, attorney, barrister or advocate in any country which is a member of the Commonwealth of Nations.

(3) A person who qualifies to be proposed by a full member in writing addressed to the Secretary in the form prescribed in the Schedule to these Rules.

(4) A person proposed under sub-rule (3) shall undertake, if elected, to conform to the Act and the rules of the Association.

(5) A person who qualifies to be a member of the Association under these Rules shall apply to the Council to become a member after paying the prescribed fees.

(6) A person referred to in sub-rule 5 shall cease to be a member if—

(a) he ceases to qualify as provided for under this Rule;

(b) resigns from the Association; or

(7) An associate member shall subject to sub-rule (8) be entitled to receive all notices of, and to attend, meetings of the association and to enjoy all other privileges of membership.

(8) An associate member referred to in sub-rule (7) shall not vote at any meeting of the Association or serve as a representative of the Association on any Board, Committee or any other body.

4. Entrance Fees and Periodical Subscriptions

(1) The Entrance fees and subscription fees to be paid by a full or associate member shall be as recommended by the Council and approved by the Association at a general meeting.

(2) The first subscription fees referred to in sub-rule (1) shall be paid by a member on such member becoming a member.

(3) The subscription referred to in sub-rule (1) shall be paid by the 1st January of each year.

5. Expulsion

(1) Three or more full members may present a signed requisition to the Council in writing if there is reason to believe that any member has been guilty of any misconduct which, in the absence of satisfactory explanation, would render him unfit to remain a member.

(2) The Council shall send to such member a statement in writing of the conduct imputed to him and shall afford him an opportunity of giving an explanation in writing or in person, as he may elect.

(3) If, on the consideration of such explanation or in the absence of any explanation, the Council is of the opinion that such member ought to be expelled from the Association, they shall state their opinion in the form of a report to be laid before a general meeting of the Association, and such member shall be liable by resolution to be excluded from the Association and if such resolution is passed, he shall thereupon cease to be a member.

(4) The Council may in their discretion exclude from the Association any member who is a bankrupt or who has made any arrangement or composition with his creditors.

6. Suspension

(1) The Council may suspend any member from the exercise of all rights and privileges of a member during such period as they may thin fit, not extending beyond the next Annual General Meeting, for any cause which shall in their opinion render such suspension necessary or expedient:

Provided that—

(a) at least nine members of the Council are present at the meeting at which it is resolved to suspend such member; and

(b) the Council has afforded to such member an opportunity of giving an explanation to the Council in writing or in person, as he may elect.

7. Resignation

A member may resign from the Association by sending his resignation letter to the Secretary of the Association.

8. General Meetings

(1) The Annual General Meeting shall be held at such time not later than fifteen and not less than nine months after holding the last annual general meeting at a place determined by the Council.

(2) If the Annual General Meeting is not convened, an Annual General Meeting shall be held in the month next following the last day upon which the Annual General Meeting should have been held and may be convened by any two full members of the Association in the same manner in which meetings of the Council may be convened in accordance with these Rules.

(3) The Council may convene an extra ordinary general meeting, if three full members of the Association request for such meeting in writing.

(4) The request for such meeting referred to in sub-rule (3) shall be sent to the secretary of the Association and shall state the objects of the meeting and signed by the members requesting such meeting.

(5) If the Council fails to convene a meeting referred to in sub-rule (3) within thirty days, the members who requested such meeting may convene the meeting, provided that such members shall comply with these Rules in convening the meeting.

(6) The Council shall give ten days’ notice, exclusive of the day on which the notice is served but inclusive of the day for which notice is given.

(7) The notice served under sub-rule (6) shall specify the place, the day and the hour of the meeting and business to be brought before the meeting and sent to every member of the Association.

(8) Any notice not received by any member shall not invalidate the proceedings of any general meeting.

(9) The quorum of a general meeting shall be fifty full members.

(10) If within half an hour from the time appointed for the meeting a quorum is not formed, the meeting if convened on request by full members shall be dissolved, in any other case it shall stand adjourned to the same day in the next week at the same time and place, and if at the adjourned meeting a quorum is not formed within half an hour from the time appointed for the meeting, the full members present shall be the quorum.

(11) The Chairman or, in the absence of the Chairman, the Vice-Chairman, shall preside at every general meeting of the Association.

(12) In the absence of both the Chairman and the Vice-Chairman, the full members present shall elect a Chairman from amongst themselves for that meeting.

(13) The Chairman may, with the consent of any meeting at which a quorum is formed and if so directed by the meeting, adjourn the meeting but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

(14) A notice of an adjournment or of the business to be transacted at an adjourned meeting shall not be given.

(15) Except where otherwise provided by the Act or by these Rules, all questions shall be decided by a majority of the full members present in person or by proxy and voting, and in all cases, including the case of contested election, the Chairman shall, in the event of an equality of votes, have a deliberative and a casting vote.

(16) A resolution put to the vote of the meeting shall be decided on a show of hands of full members, unless a poll is, before or on the declaration of the result of the show of hands, demanded by at least three full members.

(17) A poll referred to in sub-rule (16) shall be taken in such manner as the Chairman may direct and the result of the poll shall be by a resolution of the meeting.

(18) Every full member present in person or by proxy shall have one vote, whether on a show of hands or by a poll.

(19) A person shall not act as a proxy unless he is entitled on his own behalf to be present and to vote at the meeting at which he acts as a proxy.

(20) A person shall appoint a proxy in writing to the secretary not latter than time fixed for holding the meeting at which the person named in the proxy proposes to vote.

9. Reports and Accounts

(1) The Chairman shall present a report on the general affairs of the Association for the previous year at the Annual General Meeting.

(2) The Treasurer shall present the accounts of the Association for the year, for the approval of the meeting at the Annual General Meeting.

10. Members of Council

(1) The President, Vice-President, Secretary, Treasurer and twelve other members of the Council shall be elected at the Annual General Meeting for a term of two years and shall continue in office until the close of the Annual General Meeting in the year in which the term expires.

(2) A member elected to the Council is eligible for re-election.

(3) A member of the Council may resign by writing to the Council and, on the acceptance of such resignation by the Council, that member’s office shall become vacant.

(4) The office of a member of the Council shall become vacant if the member—

(a) has a mental disability that makes the member incapable of discharging the functions of the member’s office;

(b) is adjudged bankrupt; or

(c) ceases to be a full member of the Association or abstains, without leave, from attending three consecutive meetings of the Council without good cause and a resolution of the Council is passed declaring the member’s office vacant.

(5) A casual vacancy on the Council may be filled by the election of another full member by the remaining members of the Council and a member so elected shall hold office for the remainder of the term of office of the Council.

[Rule 10 subs by rule 2 of SI 17 of 2017.]

11. Seal

(1) The seal of the Council shall be such device as may be determined by the Council and shall be kept by the Secretary.

(2) The affixing of the seal shall be authenticated by the Chairman or the Vice-Chairman and the Secretary or one other person authorised in that behalf by a resolution of the Council.

(3) Any document purporting to be a document under the seal of the Council or issued on behalf of the Council shall be received in evidence and shall be executed or issued, as the case may be, without further proof, unless the contrary is proved.

12. Proceedings of Council

(1) Subject to the other provisions of these rules the Council may regulate its own procedure.

(2) The Council shall meet for the transaction of business, at least once in every three months at such places and at such times as the Chairman may decide.

(3) Upon giving notice of not less than fourteen days, a meeting of the Council may be called by the Chairman and shall be called if not less than one third of the members so requested in writing:

Provided that if the urgency of any particular matter does not permit by the giving of such notice, a special meeting may be called upon giving a shorter notice.

(4) The quorum at any meeting of the Council shall be seven.

(5) There shall preside at any meeting of the Council—

(a) the Chairman;

(b) in the absence of the Chairman, the Vice-Chairman;

(c) in the absence of the Chairman and Vice-Chairman, such member as the members present may elect from amongst themselves for the purposes of that meeting.

(6) A decision of the Council on any question shall be by the majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote.

(7) The Council may invite any person, whose presence in its opinion is desirable, to attend and to participate in the deliberations of a meeting of the Council but such person shall have no vote.

(8) The validity of any proceedings, act or decision of the Council shall not be affected by any vacancy in the membership of the Council or by any defect in the appointment of any member or by reason that any person not entitled so to do took part in the proceedings.

(9) The Council shall cause minutes to be kept of the proceedings of every meeting of the Council and every meeting of any committee established by the Council.

13. Committees

(1) The Council may, for the purposes of performing its functions under this Act, establish committees and delegate to any such committee such of its functions as it thinks fit.

(2) The Council may appoint as members of a committee established under sub-section (1), persons who are or are not members of the Council and such persons shall hold office for such period as the Council may determine.

(3) Subject to any specific or general direction of the Council any committee established under sub-rule (1), may regulate its own procedure.

14. Disclosure of interest

(1) If a member is present at a meeting of the Council or any committee of the Council at which any matter is the subject of consideration and in which matter the member is the subject of consideration and in which matter the member or a member’s spouse is directly or indirectly interested in a private capacity, he shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Council otherwise directs, take part in any consideration or discussion of, or vote on, any question touching such matter.

(2) A disclosure of interest made under sub-section (1) shall be recorded in the minutes of the meeting at which it is made.

15. Prohibition of publication or disclosure of information to unauthorised persons

(1) A member of the Council shall not without the consent in writing given by, or on behalf of the Council, publish or disclose to any unauthorised person, otherwise than in the course of his duties, the contents of any documents, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of his duties under this Act.

(2) Any person who contravenes the provisions of sub-rule (1) shall be guilty of professional misconduct in terms of the Legal Practitioners Act, and shall be liable to disciplinary proceedings in accordance with the Part IV of that Act.

(3) Any Council Member liable to disciplinary proceedings under sub-rule (2) shall be suspended by the Council from performing his duties as a member of the Council.

(4) Nothing contained in this Rule shall supersede, lessen, or interfere with the powers vested in the Council and the Association to expel a member for misconduct.

16. Arbitration

Any question or difference between the Association and members or between members relating to professional conduct, etiquette or practice, shall be resolved in accordance with the Arbitration Act with such modifications as circumstances may permit.

17. Notices

Any notice required to be given under these Rules shall be given to any member either personally or by sending it by post at the person’s usual or last known address.

18. Amendment of Rules

These Rules may be amended by a Resolution of the Council, but no such amendment shall come into force until such Rules have been approved by a resolution of the Association at a general meeting.

19. Revocation of the Law Society of Zambia (Private) Rules

The Law Society of Zambia (Private) Rules are hereby repealed.

SCHEDULE

[Rule 3(3)]

LAW ASSOCIATION OF ZAMBIA MEMBERSHIP PROPOSAL FORM

To: The Secretary

Law Association of Zambia

I propose……………..............................................................................................................……..

of ......................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................

Name of candidate

Business and Residential Address

Tel.......................................................................... Fax ....................................................................

Whose Qualifications are: (see notes below)

...........................................................................................................................................................
...........................................................................................................................................................
...........................................................................................................................................................

As a full/associate member* of the Association.

*delete whichever is not applicable.

PROPOSER’S NAME, ADDRESS ...................................................................................................
............................................................................................................................................................
..................................................................................Tel................................ Fax..............................

SIGNED ............................................................... (PROPOSER) DATE..........................................

I, undertake, if elected to membership of the Association, to conform to the Law Association of Zambia Act Chapter 31 and the Rules of the Association.

SIGNED ....................................................................... (CANDIDATE) DATE......................................

NOTES—

(1) A full member of the Association shall be a person qualified under paragraph (a) or (b) of sub-section (2) of section 5 of the Law Association of Zambia Act.

(2) An associate member shall be a person ordinarily resident in Zambia who—

(a) qualifies under section 6 of the Legal Practitioners Act; or

(b) qualifies to practise as a solicitor, attorney, barrister or advocate in any country which is a member of the Commonwealth of Nations.

(3) A candidate who qualifies to be a member shall be proposed by a full member in writing i.e. by completing this form which should be addressed to the Secretary.

(4) A candidate being proposed shall undertake, if elected, to conform to the said Act and the rules of the Association.

(5) A person who has been duly proposed for membership and is qualified to be a member of the Association shall apply for such membership to the Council of the Association by lodging this proposal form with the Secretary of the Association after paying the prescribed fees.

{/mprestriction}

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