CHAPTER 112 - PRESERVATION OF PUBLIC SECURITY ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Preservation of Public Security (Detained Persons) Regulations
Preservation of Public Security (Railways) Regulations
Preservation of Public Security (Air Services) Regulations
Preservation of Public Security (Control of Waterways) Regulations
Preservation of Public Security (Prohibited Waterways) Regulations
Kariba Restricted Waterway Order
Preservation of Public Security (Empoyers and Employees) Regulations
Preservation of Public Security (Movement of Vehicles) Regulations
Preservation of Public Security (Maintenance of Supplies) Regulations
Preservation of Public Security (Necessary Services) (Declaration) Order
Preservation of Public Security (Milling of Maize) Regulations
Zambezi Prohibited Waterway (No. 2) Order
Preservation of Public Security Regulations
[Section 3]
GN 374 of 1964.
Declaration by the Governor of Northern Rhodesia prior to the 24th October, 1964;
WHEREAS by section 3 of the Preservation of Public Security Act it is provided that if the Governor is satisfied that it is necessary for the preservation of public security so to do, he may, by notice in the Gazette, declare that the provisions of subsections (2) and (3) of the said section shall come into operation and thereupon those provisions shall come into operationaccordingly;
AND WHEREAS I am satisfied that it is necessary for the preservation of public security to declare that the provisions of the said subsections (2) and (3) of the said section 3 shall come into operation:
NOW THEREFORE, I, EVELYN DENNISON HONE, Knight Commander of the Most Distinguished Order of Saint Michael and Saint George, Commander in the Royal Victorian Order, Officer of the Most Excellent Order of the British Empire, Governor of the Territory of Northern Rhodesia,do hereby declare and proclaim that the provisions of subsections (2) and (3) of section 3 of the Preservation of Public Security Act shall come into operation on the date hereof.
PRESERVATION OF PUBLIC SECURITY (DETAINED PERSONS) REGULATIONS
[Section 3]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
{mprestriction ids="2,3,5"}
Arrangememt of Regulations
Regulation
4. Interpretation of other written laws
6. Appointment and general duties of officers in charge
7. Appointment and duties of officers and guards
8. Powers of officers in charge, officers and guards
10. Search of detained persons
11. Property of detained persons
12. Medical examination and weighing
20. Punishment for scheduled offences
22. Examination of articles and search by officers, etc.
23. Offences in respect of places and detained persons
24. Prohibited articles and unauthorised communications
26. Use of force and communication with detained persons
27. Use of weapons by officers and guards
29. Power to punish officers and guards
Act 13 of 1994,
GN 412 of 1964,
GN 497 of 1964.
SI 8 of 1965,
SI 66 of 1965.
[Regulations by the President]
These Regulations may be cited as the Preservation of Public Security (Detained Persons) Regulations.
These Regulations shall apply to the whole of Zambia.
In these Regulations, unless the context otherwise requires—
"Commissioner" means the Commissioner of Prisons;
"detained person" means a person detained under the authority of a detention order, or under the provisions of sub-regulation (6) of regulation 33 of the Preservation of Public Security Regulations, or, where any person detained under regulation 35 of the said Regulations is detained in a place of detention, such person;
"detention order" means an order made against any person under the provisions of sub-regulation (1) of regulation 33 of the Preservation of Public Security Regulations;
"guard" means a person appointed as such under the provisions of regulation 7;
"officer" means a person appointed to be an officer under regulation 7;
"officer-in-charge" , in relation to any place of detention, means the person appointed by theCommissioner to be in charge of such place;
"place of detention" means a place authorised by the President under the provisions of sub-regulation (5) of regulation 33 of the Preservation of Public Security Regulations;
"police officer" means any member of the Zambia Police Force or the Zambia Police Reserve and a Special Constable;
"prohibited article" means any article other than—
(a) an article issued to a detained person by an officer-in-charge; or
(b) an article which a detained person is permitted by these Regulations or by an officer-in-charge to retain;
"removal order" means an order made under the provisions of sub-regulation (2) of regulation 9 directing that a detained person be removed from one place of detention to another;
"scheduled offence" means an offence specified in the First Schedule.
[As amended by 8 of 1965.]
4. Interpretation of other written laws
In any written law relating to the remand or safe custody of accused persons or persons awaiting trial, "prison", "place of security" and "place of safety" shall, notwithstanding anything to the contrary contained in such law, include a reference to a place of detention.
The Commissioner shall, subject to the general or special directions of the President, be responsible for the general control and administration of all places of detention and for the security and proper treatment of all detained persons therein, and he may issue standing orders for these purposes.
6. Appointment and general duties of officers in charge
(1) The Commissioner shall, in respect of every place of detention, appoint a public officer to be the officer-in-charge thereof.
(2) The officer-in-charge shall, subject to the directions of the Commissioner, have and be responsible for the control and administration of the place of detention of which he is appointed and shall be responsible to the Commissioner for the treatment of detained persons in his custody and the conduct of officers and guards under his control, and for the due observance by such officers, guards and detained persons of the provisions of these Regulations, and shall maintain such records and observe such standing orders as the Commissioner shall direct.
[As amended by 8 of 1965.]
7. Appointment and duties of officers and guards
(1) The Commissioner may appoint such number of persons to be officers and guards for the purposes of these Regulations as he shall think necessary to ensure the safe custody of detained persons in places of detention and for the control and proper governance and administration of places of detention.
(2) It shall be the duty of officers and guards appointed under these Regulations to do all things that are necessary for preventing detained persons from escaping and for maintaining good order in places of detention and for ensuring that the provisions of these Regulations are observed so far as it is within their competence to do so.
[As amended by 8 of 1965.]
8. Powers of officers in charge, officers and guards
Officers-in-charge, officers and guards appointed under these Regulations shall have all the powers, privileges and protection of a police officer.
(1) Every officer-in-charge is hereby authorised and required to keep and detain all detained persons duly conveyed to a place of detention of which he is in charge, or transferred thereto under a removal order, according to the provisions of these Regulations until such person is lawfully discharged or removed from his custody.
(2) The Commissioner, or any person authorised by him in that behalf, may, by written order, direct that a detained person be removed from one place of detention to another, and such person whilst being so removed shall be deemed to be in lawful custody.
(3) Any person, on production of an order in writing from a police officer not being below the rank of Sub-Inspector and with the approval of the officer-in-charge of a place of detention, may interview any detained person within a place of detention in the sight and hearing of an officer or guard of the place of detention for purposes connected with the investigation of any offence whatsoever or with the preservation of public security. If the officer-in-charge is satisfied that the detained person is willing to be interviewed by police officers out of the sight and hearing of an officer or guard of the place of detention, then the officer-in-charge may permit thatdetained person to be interviewed by not less than two police officers within the place ofdetention and out of the sight and hearing of an officer or guard of the place of detention.
(4) If a police officer not being below the rank of Sub-Inspector certifies verbally or in writing that a detained person is required at a police station or other place in connection with the investigation of an offence or with the preservation of public security, the officer-in-charge shall permit the temporary removal to the police station or other place of such detained person inthe custody of a police officer duly authorised in writing in that behalf by the said superior police officer for such period as the said superior police officer may require.
10. Search of detained persons
Every detained person, male or female, may be searched on admission to a place of detention, and all prohibited articles taken from him.
11. Property of detained persons
(1) All money, clothes or other effects, other than—
(a) a reasonable amount of clothing for wear during detention; and
(b) such property as the officer-in-charge, in his discretion, permits to be retained; and
(c) articles which a detained person is permitted to have by virtue of any provision of theseRegulations,
brought into a place of detention by a detained person or sent to such place of detention for the use of such person shall be taken into the custody of the officer-in-charge, who shall keep an inventory of the same, and all such money, clothes or other effects shall be returned to the detained person when he is lawfully released or removed from the custody of the officer-in-charge.
(2) All property taken into the custody of an officer-in-charge under the provisions of sub-regulation (1) shall be labelled so as to be easily identifiable as the property of the person from whom it is taken, and such person shall acknowledge that the property taken from him is correctly listed by affixing his signature or mark against the entry relating to his property in such inventory.
(3) An officer-in-charge may refuse to take into a place of detention any property of a detained person which, by reason of its bulk, nature or excessive quantity, cannot be conveniently stored in such place of detention.
(4) Subject to the provisions of these Regulations, an officer-in-charge shall give a detained person every facility to dispose of any property belonging to him which was brought or sent into a place of detention by or on behalf of such person.
(5) The officer-in-charge shall inspect the place where the property of detained persons is stored at regular intervals and shall take such steps as he may consider necessary for its proper preservation.
12. Medical examination and weighing
The officer-in-charge shall, if circumstances permit, cause every detained person to be medically examined by a medical officer and weighed immediately on his admission to a place of detention and at convenient intervals thereafter.
(1) Unless he is placed on a reduced diet under the provisions of regulation 20, every detained person shall receive the normal diet set out in the Second Schedule, with such variations, if any, as the Commissioner may from time to time authorise, either generally or specifically.
(2) An officer-in-charge may in his discretion or on the advice of a medical officer, cause any detained person to receive a diet varied in such manner as the said officer-in-charge or medical officer may recommend.
(3) So far as may be reasonably practicable, and subject to the directions of an officer-in-charge as regards quantity, a person under detention may secure or purchase such luxuries, including clothing and tobacco, as are consistent with good order and discipline:
Provided that all such articles must be received or bought through the officer-in-charge, who may impound any article, the possession of which is prohibited by standing orders or which, in his opinion, is likely to be dangerous to health or life or is likely to facilitate escape from the place of detention.
(4) An officer-in-charge may regulate the amount of food and other necessaries procured by any detained person.
(5) The officer-in-charge may order that anything received by a detained person under the provisions of sub-regulation (3) be examined, and anything discovered in the course of suchexamination shall be dealt with under the provisions of regulation 11.
(1) A detained person shall not be compelled to wear clothing supplied by the officer-in-charge unless, in the opinion of such officer, his own clothing is insufficient, improper or in an insanitary condition.
(2) An officer-in-charge may require any detained person who attempts to escape to wear such clothing as the officer-in-charge may determine.
A detained person shall be permitted to smoke tobacco and receive newspapers, books and magazines subject to such restrictions as to time and place as the officer-in-charge may determine.
(1) Subject to the provisions of sub-regulation (2), no detained person shall be compelled to perform any work but a detained person may elect to be given employment and in such case shall be eligible to receive such payment as the Commissioner may determine.
(2) A detained person shall keep his room, the precincts thereof, his clothing, furniture and utensils clean and tidy and shall assist in the preparation of his food.
A detained person may exercise daily during such periods as shall be permitted by the officer-in-charge.
(1) A detained person may be visited once in any week by persons authorised by the officer-in-charge and may in special circumstances be allowed further visits in the discretion of the officer-in-charge.
(2) Visits shall be made at such times and places and subject to such conditions as the officer-in-charge may specify.
(3) A detained person shall not be visited by more than two visitors at any one time.
(4) The officer-in-charge shall permit the legal representative of a detained person to interview such person at such times and subject to such conditions as the officer-in-charge may specify and such interviews shall not be reckoned as visits for the purpose of sub-regulation (1).
(5) A legal practitioner who wishes to interview any detained person shall, if so requested by the officer-in-charge, produce proof to the satisfaction of the officer-in-charge that he is the legal representative of the person whom he wishes to interview.
(1) A detained person shall be permitted each week—
(a) to receive one letter; and
(b) to write one letter not exceeding four pages in length on paper supplied by the officer-in-charge.
(2) The officer-in-charge may, at his discretion, permit a detained person to receive and write more than one letter each week.
(3) The officer-in-charge may, in his discretion, permit a detained person to write a letter and receive a reply thereto as an alternative to receiving a visitor under these Regulations.
(4) The officer-in-charge or any person duly authorised in that behalf by him shall read every letter to or from a detained person and may stop any such letter if, in his opinion, its contents are objectionable. A detained person shall be given the opportunity to write another letter if his first letter is stopped.
(5) A detained person by whom or to whom a letter is written which is stopped under the provisions of sub-regulation (4) shall forthwith be advised that such letter has been stopped, and the officer-in-charge shall forward the letter to the Commissioner who may give directions, either generally or specially, as to the disposal of the letter including directions for impounding or destroying the letter or for obliterating or excising any objectionable matter therein before it is transmitted to the addressee.
20. Punishment for scheduled offences
(1) An officer-in-charge may punish any detained person found after due inquiry to be guilty of a scheduled offence by ordering him to undergo one or more of the following punishments—
(a) separate confinement in a separate cell or other place set aside for such punishment for a period not exceeding sixteen days on the normal diet as set out in the Second Schedule;
(b) separate confinement in a separate cell or other place set aside for such punishment for a period not exceeding seven days upon a reduced diet as set out in the Second Schedule;
(c) deprivation for such period as the officer-in-charge may think fit of any privilege relating to food, books, clothing, letters, or any other matter whatever to which the detained personmay be entitled under these Regulations; or
(d) reprimand:
Provided that no offender shall be awarded more than one of the punishments set out in paragraphs (a) and (b) in respect of any offence or offences forming the subject of a single inquiry.
(2) Any person aggrieved by an order made under the provisions of sub-regulation (1) may appeal in writing therefrom to the Commissioner and the decision of the Commissioner on any such appeal shall be final.
(3) Where any person appeals to the Commissioner under sub-regulation (2), the officer-in-charge shall forthwith cause such appeal to be transmitted to the Commissioner with a full statement of the case and all evidence.
(1) The President may appoint two or more persons to constitute a Committee of Inspection (hereinafter referred to as the Committee) for any place or places of detention.
(2) The President shall nominate one of the Committee as chairman and such chairman shall be responsible for ensuring compliance with the provisions of this regulation.
(3) In the absence or incapacity of any member of the Committee, the remaining member or members shall have the powers and exercise the duties of the Committee, and, if the chairman is absent or incapacitated, shall be responsible for ensuring compliance with the provisions of this regulation.
(4) The Committee may at any time visit the place or places of detention in respect of which it has been constituted and shall do so at least once in every month.
(5) The Committee shall hear any complaint (not being a complaint relating to the validity of a detention order or relating to the grounds upon which such detention order was made) which any detained person may wish to make, and it shall be the duty of the officer-in-charge to inform the Committee of any detained person who wishes to make a complaint.
(6) The Committee shall record its visits in the minute book which shall be kept at every place of detention and enter any remarks and recommendations which it may wish to make, and copies of any such remarks and recommendations shall be sent by the officer-in-charge without delay to the Commissioner, together with a report on any action taken.
22. Examination of articles and search by officers, etc.
(1) Any officer or guard attached to a place of detention may examine anything carried into or out of such place, and may stop and search, or cause to be stopped and searched, any person entering or leaving such place of detention.
(2) For the purpose of ensuring that prohibited articles are not being kept in any place of detention, the officer-in-charge may cause such place of detention and all detained persons therein to be searched at such times as he may determine.
(3) Any prohibited articles found as a result of any examination or search under the provisions of this regulation shall be dealt with under the provisions of regulation 11.
23. Offences in respect of places and detained persons
Any person who—
(a) is found loitering within 91.44 metres of any place of detention and who fails to depart therefrom upon being required so do to by any officer or guard of the place of detention or by a police officer;
(b) harbours or employs any detained person whom he knows to be unlawfully at large; or
(c) wilfully interferes with any detained person,
shall be guilty of an offence and liable upon conviction to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.
[As amended by 13 of 1994.]
24. Prohibited articles and unauthorised communications
(1) Any person—
(a) who by any means whatever introduces into any place of detention or removes therefrom any prohibited article;
(b) who gives to or takes from, any detained person any prohibited article;
(c) being a detained person, who communicates or attempts to communicate with any person who is not a detained person or with any detained person who is detained in some other place of detention, otherwise than in accordance with these Regulations; or
(d) not being a detained person, who communicates or attempts to communicate with a detained person otherwise than in accordance with these Regulations,
shall be guilty of an offence and shall be liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.
(2) When any person in the presence of any officer or guard commits any offence specified in this regulation, and refuses on demand of such officer or guard to state his name and residence, or gives a name or residence which such officer or guard knows or has reason to believe to befalse, such officer or guard shall arrest him and shall without unnecessary delay make him over to a police officer.
[As amended by 13 of 1994.]
Where any detained person is searched under any of the provisions of these Regulations, such search shall be carried out by a person of the same sex as such detained person and no person of the opposite sex shall be present during such search.
26. Use of force and communication with detained persons
(1) An officer-in-charge, officer or guard in dealing with a detained person shall not use force unless its use is necessary, and no more force than is reasonably necessary shall be used.
(2) Subject to the provisions of regulation 27, an officer-in-charge, officer or guard shall not strike a detained person unless he is compelled to do so in self-defence or the defence of others.
(3) An officer-in-charge, officer or guard shall not act in a manner calculated to provoke a detained person.
27. Use of weapons by officers and guards
(1) Subject to the provisions of this regulation, an officer or guard may use a weapon against—
(a) a detained person who is—
(i) escaping or attempting to escape;
(ii) engaged in a combined outbreak or in an attempt to force, break open or scale the outside door, gate fence or enclosure wall of the place of detention; or
(iii) using violence to him or another officer or guard or other person; and
(b) a person who—
(i) whilst assisting a detained person to escape, is using violence to such officer or guard or other person; or
(ii) is engaged in a combined break-in or in an attempt to force, break open or scale the outside door, gate, fence or enclosure wall of the place of detention or an inside door, gate, fence or wall of the place of detention.
(2) Resort shall not be had to the use of a weapon unless—
(a) the officer or guard has reasonable ground to believe that he cannot otherwise prevent the escape or break-in;
(b) the officer or guard gives a warning that he is about to use the weapon; and
(c) the warning given by the officer or guard is unheeded.
(3) An officer or guard shall not, in the presence of an officer-in-charge, make use of a weapon as is authorised in sub-regulation (1), except on the orders of the officer-in-charge.
(4) The use of weapons in pursuance of the provisions of this regulation shall be, as far as possible, to disable and not to kill.
(5) For the purposes of this regulation, "weapon" shall include any firearm, baton or tear smoke.
Any officer or guard who—
(a) uses traitorous or disloyal words regarding the President;
(b) is disrespectful in word, act, or demeanour to an officer-in-charge, officer or guard duly placed in authority over him;
(c) disobeys or fails to comply with any lawful order, including any standing order issued by the Commissioner;
(d) renders himself unfit for duty through drink or by the use of drugs;
(e) absents himself without leave or overstays his leave or withdraws himself from duty;
(f) neglects or refuses to assist in the apprehension of any person whom it is his duty toarrest;
(g) allows to escape any detained person whom it is his duty to keep or guard;
(h) offers or uses unwarranted personal violence to any person in his custody;
(i) pawns, sells, loses by neglect, makes away with, wilfully spoils or fails to report any damage to any arms, ammunition, accoutrements, clothing, or any other public property;
(j) steals or unlawfully destroys any property belonging or issued to a detained person;
(k) without due authority, discloses or conveys any information concerning any investigation or matter relating to the Zambia Prison Service;
(l) without proper authority, demands from any person any article, carriage or porterage;
(m) makes or signs any false report or statement in any official record or document, knowing or having reasonable ground to believe that the same is false;
(n) knowingly makes a false accusation against any officer-in-charge, officer, guard or detained person, or wilfully suppresses any material facts, or makes or joins in making any anonymous complaint;
(o) assists or connives with any detained person in having or obtaining any prohibited article; or
(p) is guilty of any other act, conduct, disorder or neglect of duty to the prejudice of good order or discipline,
shall be guilty of an offence against discipline.
[As amended by 66 of 1965.]
29. Power to punish officers and guards
(1) Alleged offences against discipline may be inquired into by the Commissioner or a seniorPrisons Officer appointed by the Commissioner or an officer-in-charge.
(2) Where an officer conducting an inquiry into an offence against discipline is satisfied that such offence has been committed, he may punish the offender by—
(a) admonition;
(b) reprimand or severe reprimand;
(c) extra duty not exceeding seven days; or
(d) fine not exceeding one-half of a month's pay:
Provided that the imposition of a fine of or above the amount of thirty penalty units under paragraph (d) shall be subject to confirmation by the Commissioner.
(3) The Commissioner shall have the power to reduce or quash any sentence passed by an officer-in-charge and may at any time before it is carried out vary any punishment imposed under this regulation.
[As amended by 13 of 1994.]
(1) Every officer empowered to hold an inquiry under regulation 29 shall have power to summon and examine witnesses and to require the production of all documents relevant to such inquiry and to adjourn any hearing from time to time.
(2) In every inquiry under regulation 29 the proceedings and findings shall be recorded in writing.
(3) Any person summoned as a witness under sub-regulation (1) who fails to attend at the time and place mentioned in the summons, or an adjournment, or refuses to answer any question that is lawfully put to him or makes any false statement shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding one hundred and fifty penalty units or to imprisonment for a period not exceeding one month, or to both:
Provided that no such witness shall be obliged to answer any question which may tend to incriminate him or render him liable to any forfeiture or penalty.
[As amended by 13 of 1994.]
[Regulation 3]
SCHEDULED OFFENCES
1. Mutiny and incitement to mutiny.
2. Escape or attempting to escape.
3. Assault on any officer or guard at a place of detention.
4. Shouting or making unnecessary noise.
5. Assaulting or taking part in any attack on or quarrelling or fighting with a detained person, including aggravated or repeated assaults.
6. Doing any act or using any language calculated to wound or offend the feelings or prejudices of any detained person.
7. Using any abusive or indecent language or indulging in any indecent gesture or act.
8. Committing a nuisance in any part of a place of detention.
9. Treating with disrespect any person lawfully visiting any place of detention or any person or officer employed in or in connection with any place of detention.
10. Wilfully destroying food or throwing it away without orders.
11. Omitting or refusing to keep himself clean or disobeying any order designed to preserve the health of detained persons.
12. Tampering in any way with locks, lights or other fixtures or fittings in a place of detention.
13. Stealing or without reasonable excuse interfering with the clothing or property of any other detained person.
14. Having in his possession any article which he is not entitled to have.
15. Spitting on or otherwise soiling any floor, door, wall or other part of a place of detention or any article therein.
16. Wilfully or negligently damaging or destroying any property of the Government.
17. Refusing to undergo medical treatment.
18. Disobeying or neglecting to comply with any reasonable order or direction brought to his notice in any manner.
19. Wilfully bringing a false accusation against any person or officer employed in or in connection with any place of detention.
20. Communicating with, or trying to communicate with, any person outside the place of detention otherwise than in accordance with provisions made under these Regulations.
21. Any other act, conduct, disorder or neglect which may reasonably be considered to be to the prejudice of good order or discipline.
22. Attempting to commit, or aiding, abetting or inciting the commission of any of the above offences.
[Regulations 13 and 20]
NORMAL DIET
|
Daily Issues |
|
|
Cereal meal (maize, bulrush millet, kaffircorn or finger millet) |
567 g |
|
or rice (unpolished or parboiled) |
340.2 g |
|
and bread (wholemeal or brown) |
113.4 g |
|
and maize meal, etc |
113.4 g |
|
or starchy substitute (dry), |
|
|
e.g. cassava meal |
396.9 g |
|
and skim milk |
568 ml |
|
(or equivalent powder) |
(56.7 g) |
|
or bananas* (unpeeled but excluding stalk) |
2.025 kg |
|
and skim milk |
568 ml |
|
(or equivalent powder) |
(56.7 g) |
|
Ground-nuts (shelled) |
56.7 g |
|
and peas, beans, lentils or dahl |
56.7 g |
|
Salt |
21.262 g |
|
Cocoa, coffee or tea |
7.087 g |
|
and sugar |
14.175 g |
|
Weekly Issues |
|
|
Skim milk |
1,988 ml |
|
(or equivalent powder) |
(198.45 g) |
|
(or full cream milk) |
(1,988 ml) |
|
and fresh meat |
793.8 g |
|
or fresh fish |
0.9 kg |
|
and fat |
99.225 g |
|
or dry fish |
340.2 g |
|
and fat |
99.225 g |
|
Fat or oil |
85.05 g |
|
and margarine (vitaminised) |
99.225 g |
|
Mixed fresh vegetables (green leafy, green beans or peas, tomatoes, fresh peppers, carrots, onions, turnips) |
0.9 kg |
|
or dehydrated vegetables (cabbage, cauliflower, green beans or peas, carrots) |
113.4 g |
|
or canned vegetables (as above) |
0.9 kg |
|
Pumpkin and mixed fresh fruits (pawpaw, mango, banana † guava, orange, grandilla, mulberry, lemon) |
0.9 kg |
|
or mixed canned fruits as above (up to 226.8 g of fresh or canned fruit may be substituted by 28.35 g of dried fruits) |
0.9 kg |
<TS:5.6875,NM,NO>* Banana not to be included if already included in daily issue.
†Only to be supplied when this food forms part of the habitual diet.
REDUCED DIET
|
Daily Issues |
|
|
Maize meal |
340.2 g |
|
or cassava meal |
340.2 g |
|
or millet meal |
340.2 g |
|
<TS:0.254861,NM,NO,2.10417,NM,NO>Fresh vegetables |
170.1 g |
|
or peas or beans |
56.7 g |
|
or sweet potatoes |
283.5 g |
|
Peas or beans |
56.7 g |
|
Dripping |
14.175 g |
|
or ground-nut oil |
7.087 g |
|
or ground-nuts, shelled |
28.35 g |
|
or red palm oil |
3.544 g |
|
Salt |
21.262 g |
|
Unlimited water |
PRESERVATION OF PUBLIC SECURITY (RAILWAYS) REGULATIONS
[Section 3]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
5. Administrator may give directions concerning employees
6. Administrator may give directions concerning dismissal of employees
7. Powers of entry and inspection
9. Delegation of functions of Administrator
SI 230 of 1966,
SI 394 of 1966,
SI 130 of 1967,
SI 13 of 1994.
[Regulations by the President]
These Regulations may be cited as the Preservation of Public Security (Railways) Regulations.
In these Regulations, unless the context otherwise requires—
"Administrator" means the Administrator of Railways appointed under the provisions of regulation 3;
"Executive Officer" , in relation to the Railways, means the Managing Director of Zambia Railways or such other officer of the Railways as is responsible for the operation of the Railways within Zambia or any part of Zambia; and
"Railways" means the established Railways by or under the Railways Act.
For the purposes of these Regulations, there shall be an Administrator of Railways, who shall be appointed by the President.
(1) The Administrator may give to the Executive Officer of the Railways such directions as appear to the Administrator to be necessary or expedient for ensuring that, for the purpose of maintaining communication services essential to the life of the community, sufficient locomotives, units of rolling stock and other items of railway equipment are made available forthe operational requirements of the Railways within Zambia and for operational use on railway systems other than the Railways.
(2) Without prejudice to the generality of the powers conferred by sub-regulation (1), directions given under this regulation may—
(a) prohibit or control the movement from Zambia to Zimbabwe of locomotives, rolling stock and other railway equipment and, in particular, may control such movement by specifying the numbers of locomotives, units of rolling stock and other items of railway equipment which shall be retained for the operational use of the Railways within Zambia or for operational use on any railway system other than the Railways;
(b) require the movement from Zambia to any railway system other than the Railways of such numbers of locomotives, units of rolling stock and other items of railway equipment as the Administrator may specify;
(c) require such information relating to the locomotives, units of rolling stock and items of other railway equipment operated by the Railways within Zambia and the movement thereof to be furnished to the Administrator as the Administrator may consider necessary for the effective exercise of his powers.
(3) Directions given under this regulation may make provision only with respect to a specified class or classes of locomotives, rolling stock or other railway equipment and may make different provision with respect to different classes of locomotives, rolling stock or other railway equipment.
5. Administrator may give directions concerning employees
(1) The Administrator may give to the Executive Officer of the Railways such directions as appear to the Administrator to be necessary or expedient for ensuring that, for the purpose of maintaining communication services essential to the life of the community, a sufficient number of personnel is employed by the Railways for the operational requirements of the Railways within Zambia.
(2) Without prejudice to the generality of the powers conferred by sub-regulation (1), in any directions given under sub-regulation (1) the Administrator may require the Executive Officer of the Railways to employ a specified person for a specified purpose or in a specified post and the Executive Officer shall comply with such directions, notwithstanding the provisions of any written law or agreement which may regulate employment for such purpose or in such post.
[Am by 394 of 1966.]
6. Administrator may give directions concerning dismissal of employees
Where the Administrator is satisfied that the continued employment of any employee by the Railways in Zambia will be detrimental to the good running of the Railways in Zambia, he may require the Executive Officer of the Railways to terminate in Zambia the employment of such employee by the Railways in Zambia and the Executive Officer shall comply with such directions, notwithstanding the provisions of any written law or agreement to the contrary.
[Am by 130 of 1967.]
7. Powers of entry and inspection
It shall be lawful for the Administrator, or any person authorised by him in writing in that behalf, to enter and inspect at all reasonable times and without a warrant any premises occupied by the Railways for the purpose of securing information relating to the movement of locomotives, rolling stock and other railway equipment.
Any person who—
(a) contravenes or fails to comply with any directions given under these Regulations with which it is his duty to comply; or
(b) when required under these Regulations to furnish any information, furnishes information which is false in any particular; or
(c) obstructs the Administrator or any person authorised by him in that behalf in the exercise of the powers conferred by regulation 7,
shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a period not exceeding three years.
9. Delegation of functions of Administrator
The Administrator may, by writing under his hand, depute any person or persons to exercise all or any of the functions of the Administrator under these Regulations, subject to such conditions, if any, as he may specify, and thereupon any person so deputed shall have and may exercise such functions accordingly; but no such delegation shall affect or impair the power of the Administrator to act himself under these Regulations.
PRESERVATION OF PUBLIC SECURITY (AIR SERVICES) REGULATIONS
[Sections 3, 4 and 5]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
3. No air service to be provided without permit
SI 76 of 1966.
[Regulations by the President]
These Regulations may be cited as the Preservation of Public Security (Air Services) Regulations.
In these Regulations, unless the context otherwise requires—
"Act" means the Air Services Act;
"air service" shall have the meaning assigned thereto in section 2 of the Act;
"Minister" means the Minister responsible for transport;
"permit" means a permit issued by the Minister under these Regulations authorising the holder thereof to provide an air service to, from or within Zambia.
3. No air service to be provided without permit
Notwithstanding the provisions of the Act, no person shall provide an air service to, from or within Zambia—
(a) otherwise than in accordance with the conditions of a permit; or
(b) whilst the permit authorising the provision of the air service is suspended,
whether or not such person holds a permit issued under and in accordance with the provisions of the Act.
(1) An application for the issue, renewal, transfer or amendment of a permit shall be made to the Minister in such manner as the Minister may direct.
(2) The provisions of subsections (2) and (3) of section 5 of the Act and, if the Minister so directs, such of the provisions of sections 6 and 7 of the Act as the Minister may specify, shall, mutatis mutandis, apply in relation to an application under and in accordance with sub-regulation (1).
(3) If the Minister wishes to refer an application under and in accordance with the provisions of sub-regulation (1) to a tribunal, the provisions of sections 9 to 12, both inclusive, of the Act in relation to matters referred to a tribunal by the Minister shall, mutatis mutandis, apply.
(4) Where the Minister—
(a) has directed under the provisions of sub-regulation (2) that any of the provisions of sections 6 and 7 of the Act shall apply in relation to any application; or
(b) wishes to refer the application to a tribunal under the provisions of sub-regulation (3),
the fee that would have been payable under the provisions of section 20 of the Act, had the application been made under the Act, shall be payable.
(1) The Minister may, with or without the recommendation of a tribunal, reject an application made under and in accordance with the provisions of sub-regulation (1) of regulation 4 or grant, revoke, suspend, transfer, renew or vary a permit, whether or not application therefor has been made, and include such conditions to a permit as he thinks necessary or expedient.
(2) Where the Minister has granted a permit to any person, he may suspend the application of the Act in respect of the holder of such permit.
If a holder of a permit applies for the renewal of the permit before the lapse of the period of its validity, the permit shall be treated as being in force until the holder is notified in writing on behalf of the Minister that the Minister has refused his application or has renewed the permit.
A person who contravenes or fails to comply with—
(a) the provisions of these Regulations; or
(b) the terms and conditions of a permit,
shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding two years, or to both.
[Am by Act 13 of 1994.]
PRESERVATION OF PUBLIC SECURITY (CONTROL OF WATERWAYS) REGULATIONS
[Sections 3, 4 and 5]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND ENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
3. Declaration of restricted waterways
4. Restriction of movement of vessels
6. Investigation by authorised officers
8. Powers of arrest and seizure
Act 13 of 1994,
SI 325 of 1967.
[Regulations by the President]
These Regulations may be cited as the Preservation of Public Security (Control ofWaterways) Regulations.
In these Regulations, unless the context otherwise requires–
"authorised officer" means any police officer, immigration officer, customs officer or any member of the Defence Force when acting in aid of the civil power;
"movement permit" means a permit issued under regulation 5;
"restricted waterway" means a waterway declared under regulation 3 to be a restricted waterway;
"vessel" includes every description of water craft used or capable of being used as a means of transportation on water; and
"waterway" includes any river, stream, lake or dam.
3. Declaration of restricted waterways
The President may, by statutory order, declare any waterway or any part of a waterway to be a restricted waterway.
4. Restriction of movement of vessels
Save in accordance with a movement permit or in the charge of a public officer acting in the course of his duties, it shall be unlawful for any vessel to enter into or to move within a restricted waterway.
An authorised officer may issue a movement permit in the form set out in the Schedule to any person in respect of any vessel and may endorse on the permit such conditions as he thinks fit as to—
(a) the period of its validity;
(b) the purpose for which the vessel may be used within the restricted waterway;
(c) the days or times of day during which the vessel may be used within the restricted waterway; and
(d) the area of the restricted waterway which the vessel may enter or within which it may move.
6. Investigation by authorised officers
An authorised officer may at any time–
(a) stop a vessel in motion within a restricted waterway;
(b) board any vessel within a restricted waterway for the purpose of making inquiries as to the use or presence of the vessel within the restricted waterway;
(c) demand of the person in charge of any vessel within a restricted waterway the production of a movement permit;
(d) without warrant, search any vessel within a restricted waterway which he reasonably suspects may contain—
(i) any person who has committed or is about to commit an offence; or
(ii) any evidence relevant to an offence.
(1) The person in charge of any vessel which enters into or moves within a restricted waterway in contravention of regulation 4, or of any condition attached to a movement permit, shall be guilty of an offence and liable, on conviction, to a fine not exceeding 15,000 penalty units or to imprisonment for a period not exceeding 2 years, or to both.
(2) Any person who, without reasonable excuse, the proof whereof shall be upon him, fails or refuses to comply with a request or signal made by an authorised officer by virtue of the powers conferred upon him by regulation 6 to such person to stop his vessel, shall be guilty of anoffence and liable on conviction to a fine not exceeding 750 penalty units or to imprisonment for a period not exceeding 3 months, or to both.
[As amended by 13 of 1994.]
8. Powers of arrest and seizure
(1) An authorised officer may without warrant arrest any person who he reasonably suspects has committed an offence contrary to regulation 7.
(2) An authorised officer who has reasonable cause to believe that a vessel has been, is being or is about to be used in the commission of an offence contrary to regulation 7 may seize and retain that vessel for the purpose of preserving evidence of or preventing the commission of such offence.
REPUBLIC OF ZAMBIA
PRESERVATION OF PUBLIC SECURITY (CONTROL OF WATERWAYS) REGULATIONS
[Regulation 5]
MOVEMENT PERMIT
Subject to the provisions of the Preservation of Public Security (Control of Waterways) Regulations, and to the special conditions set out below. permission is hereby granted to .......................................................................................................................................................................................................................................................................................................................... until ................................................ (date of expiry of permit) ....................................................................... to *introduce into/use within the area of ..................................................................................................................... restricted waterway the vessel ............................................................................................ (description of vessel)
SPECIAL CONDITIONS
1...........................................................................................................................................................................................(Purposes for which vessel may be used)
............................................................................................................................................................
2. ...........................................................................................................................................................
(Days or hours during which vessel may be used)
...........................................................................................................................................................
3. ...........................................................................................................................................................
(Limitations on area of restricted waterway in which vessel may be used)
...........................................................................................................................................................
OFFICIAL DATE STAMP
.....................................................................
(Signature)
.....................................................................
(Official Position)
*Delete whichever is inapplicable.
PRESERVATION OF PUBLIC SECURITY (PROHIBITED WATERWAYS) REGULATIONS
[Sections 3, 4 and 5]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
3. Declaration of prohibited waterways
4. Prohibition of movement of vessels
5. Investigation by authorised officer
7. Powers of arrest and seizure
8. Suspension of the operation of the Preservation of Public
SI 200 of 1972.
[Regulations by the President]
These Regulations may be cited as the Preservation of Public Security (ProhibitedWaterways) Regulations, 1972.
In these Regulations, unless the context otherwise requires—
"authorised officer" means any police officer, immigration officer, or customs officer or any member of the Defence Force when acting in aid of the civil power;
"prohibited waterway" means a waterway declared under regulation 3 to be a prohibited waterway;
"vessel" includes every description of water craft used or capable of being used as a means of transportation on water;
"waterway" includes any river, stream, lake or dam.
3. Declaration of prohibited waterways
The President may by order declare any waterway or any part of a waterway to be a prohibited waterway.
4. Prohibition of movement of vessels
(1) Subject to the provisions of sub-regulation (2), it shall be unlawful for any vessel to enter into or to move within a prohibited waterway.
(2) The provisions of sub-regulations (1) shall not apply to a vessel in charge of a public officer acting in the course of his duties.
5. Investigation by authorised officer
An authorised officer may at any time—
(a) stop a vessel in motion within a prohibited waterway;
(b) board any vessel within a prohibited waterway for the purposes of making inquiries as to the use or presence of the vessel within the prohibited waterway;
(c) without warrant, search any vessel within a prohibited waterway.
(1) The person in charge of any vessel which enters into or moves within a prohibited waterway in contravention of regulation 4 shall be guilty of an offence and liable on conviction to a fine not exceeding 10,000 penalty units or to imprisonment for a period not exceeding 2 years, or to both.
(2) Any person who, without reaonable excuse, the proof whereof shall be upon him, fails or refuses to comply with a request or signal made by an authorised officer by virtue of the powers conferred upon him by regulation 5 to such person to stop his vessel, shall be guilty of an offence and liable on conviction to a fine not exceeding 500 penalty units or to imprisonment for a period not exceeding3 months, or to both.
7. Powers of arrest and seizure
(1) An authorised officer may without warrant arrest any person who he reasonably suspects has committed an offence contrary to regulation 6.
(2) An authorised officer who has reasonable cause to believe that a vessel has been, is being or is about to be used in the commission of an offence contrary to regulation 6 may seize andretain that vessel for the purpose of preserving evidence of or preventing the commission of such offence.
8. Suspension of the operation of the Preservation of Public Security (Control of Waterways) Regulations
The operation of the Preservation of Public Security (Control of Waterways) Regulations, and any order made or any movement permit issued thereunder is hereby suspended.
[Am by 13 of 1994.]
KARIBA RESTRICTED WATERWAY ORDER
[Regulation 3]
[Made under the Preservation of Public Security (Control of Waterways) Regulations]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Paragraphs
Pragraph
2. Declaration of restricted waterway
SI 273 of 1968.
[Order by the President]
This Order may be cited as the Kariba Restricted Waterway Order.
2. Declaration of restricted waterway
The waterway described in the Schedule is hereby declared to be a restricted waterway.
[Paragraph 2]
KARIBA RESTRICTED WATERWAY
All that area of Lake Kariba which lies within Zambia and to the east of the Kariba dam wall marked by a brass stud numbered N.R.T./T.153 at approximate latitude 16 degrees 9.9568 metres South and approximate longitude 28 degrees 13.8176 metres East, the boundary follows a straight line on an approximate true bearing of 211 degrees 7.9248 metres for a distance of approximately 3,352.8 metres to a point at latitude 16 degrees 9.8552 metres South and longitude 28 degrees 14.1732 metres East; thence in a straight line on an approximate true bearing of 259 degrees 1.8288 metres for a distance of approximately 11,338.56 metres to a point at latitude 16 degrees 11.3284 metres South and longitude 28 degrees 12.0904 metres East; thence in a straight line on an approximate true bearing of 247 degrees 27.94 centimetres for a distance of approximately 44,287.44 metres to a point at latitude 16 degrees 13.6144 metres South and longitude 28 degrees 5.08 metres East; thence in a straight line on an approximate true bearing of 229 degrees 0.9144 metres for a distance of approximately 17,007.84 metres to a point at latitude 16 degrees 15.4432 metres South and longitude 20 degrees 2.6924 metres East; thence in a straight line on an approximate true bearing of 245 degrees 13.4112 metres for a distance of approximately 35,844.48 metres to a point at latitude 16 degrees 18.1356 metres South and longitude 27 degrees 16.2052 metres East; thence in a straight line on an approximate true bearing of 214 degrees 11.8872 metres for a distance of approximately 38,191.44 metres to a point at latitude 17 degrees 5.5832 metres South and longitude 27 degrees 12.5476 metres East; thence in a straight line on an approximate true bearing of 185 degrees 13.4112 metres for a distance of approximately 9,448.8 metres to a point at latitude 17 degrees 7.0612 metres South and longitude 27 degrees 11.7856 metres East; thence in a straight line on an approximate true bearing of 221 degrees 1.8288 metres for a distance of approximately 12,039.6 metres to a point at latitude 17 degrees 8.5852 metres South and longitude 27 degrees 10.0584 metres East; thence in a straight line on an approximate true bearing of 232 degrees 5.4864 metres for a distance of approximately 31,120.08 metres to a point at latitude 17 degrees 11.176 metres South and longitude 27 degrees 6.0452 metres East: thence in a straight line on an approximate true bearing of 218 degrees 4.8768 metres for a distance of approximately 30,480 metres to a point at latitude 17 degrees 13.0048 metres South and longitude 27 degrees 3.4544 metres East; thence in a straight line on an approximate true bearing of 166 degrees 7.62 metres for a distance of approximately 3,291.84 metres to a point of latitude 17 degrees 15.494 metres South and longitude 27 degrees 2.9972 metres East; thence in a straight line on an approximate true bearing of 226 degrees 15.5448 metres for a distance of approximately 10,485.12 metres to a point of latitude 17 degrees 16.4592 metres South and longitude 27 degrees 1.524 metres East; thence in a straight line on an approximate true bearing of 214 degrees 3.048 metres for adistance of approximately 7,833.36 metres to a point at latitude 17 degrees 18.3896 metres South and longitude 27 degrees 1.3716 metres East; thence in a straight line on an approximate true bearing of 282 degrees 10.9728 metres for a distance of approximately 2,743.2 metres to a point at approximately latitude 17 degrees 17.8816 metres South and approximate longitude 27 degrees 0.3048 metres East on the medium filum of the Zambezi River; thence in a northerly direction to the Northern shore of Lake Kariba; thence follows the shore line in general north-easterly and easterly direction to the Kariba dam wall; thence along this dam wall to a brass stud on the dam wall numbered N.R.T./T.153 which is the point of starting.
PRESERVATION OF PUBLIC SECURITY (EMPOYERS AND EMPLOYEES) REGULATIONS
[Sections 3, 4 and 5]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
3. Minister may order employers in specified industries to retain employees
4. Restriction on dismissals by specified employer
Act 13 of 1994,
SI 175 of 1968.
[Regulations by the President]
These Regulations may be cited as the Preservation of Public Security (Employers andEmployees) Regulations.
In these Regulations, unless the context otherwise requires—
"Minister" means the Minister responsible for labour;
"specified employer" means an employer engaged in an industry specified in the order under regulation 3.
3. Minister may order employers in specified industries to retain employees
(1) The Minister may, by statutory order, require any employer engaged in any industry specified in the order to retain, subject to such conditions as the Minister may therein provide, in his employment any person or class or classes of persons, or all persons, employed by him at the commencement of the order.
(2) An order made under this regulation may contain such incidental or supplementary provisions as appear to the Minister to be necessary or expedient for the purpose of such order.
4. Restriction on dismissals by specified employer
During any period when an order under regulation 3 is in force, no specified employer shall terminate the employment of any person employed by him at the commencement of such order save in accordance with the provisions thereof.
Any specified employer who fails to comply with the provisions of regulation 4 shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding fifteen thousand penalty units.
[Am by Act 13 of 1994.]
PRESERVATION OF PUBLIC SECURITY (MOVEMENT OF VEHICLES) REGULATIONS
[Sections 3, 4 and 5]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
2. Powers of Commissioner-General
SI 231 of 1966.
[Regulations by the President]
These Regulations may be cited as the Preservation of Public Security (Movement ofVehicles) Regulations.
2. Powers of Commissioner-General
(1) Where the Commissioner-General is of opinion that the export of any goods is not lawful, he may direct the person in charge or having control of any vehicle being used in theexportation of such goods to remove the vehicle and the goods to such place as he may specify.
(2) Any person who fails to comply with a direction given by the Commissioner-General shall be guilty of an offence and liable, on conviction, to a term of imprisonment not exeeding 2 years.
(3) Unless the Commissioner-General otherwise directs, the reasonable cost of complying with any direction given by him shall be borne by the consignor of the goods concerned and may be recovered accordingly from the consignor by the person complying with the direction.
(4) The powers conferred on the Commissioner-General shall be in addition to and not in derogation of the powers conferred on him by the Customs and Excise Act.
(5) For the purposes of this regulation—
"Commissioner-General" means the person appointed Commissioner-General under the Zambia Revenue Authority Act, and includes any person authorised by him to give directions under this regulation; and
"vehicle" means any train, motor car, van, lorry, cart, or other conveyance of any kind, except a ship or aircraft.
PRESERVATION OF PUBLIC SECURITY (MAINTENANCE OF SUPPLIES) REGULATIONS
[Sections 3, 5 and 6]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
3. Use of vehicles for carriage of agricultural produce
SI 199 of 1971,
SI 121 of 1988,
SI 11 of 1989.
[Regulations by the President]
These Regulations may be cited as the Preservation of Public Security (Maintenance of Supplies) Regulations.
These Regulations shall apply throughout Zambia.
3. Use of vehicles for carriage of agricultural produce
(1) In this regulation—
"agricultural produce" means any animal, vegetable, grain, fruit, dairy product or any other thing whatsoever produced in Zambia in the course of agriculture for the purpose of human or animal consumption;
"public service vehicle" has the same meaning as is assigned to that expression in the Roads and Road Traffic Act;
"road service licence" means a road service licence granted under section 152 of the Roads and Road Traffic Act;
(2) While these Regulations are in force any person may use or cause or permit to be used on a road any vehicle as a public service vehicle for the carriage of agricultural produce and the carriage of any person bona fide in charge of and accompanying agricultural produce without there being in force in relation to such vehicle a road service licence authorising such use.
(3) The operation of Part X of the Roads and Road Traffic Act is suspended in its application to any such vehicle as is mentioned in sub-regulation (2).
[As amended by S.I. 11 of 1989.]
PRESERVATION OF PUBLIC SECURITY (NECESSARY SERVICES) (DECLARATION) ORDER
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Paragraphs
Paragraph
2. Declaration of necessary service
SI 241 of 1970,
SI 35 of 1985.
[Order by the President]
This Order may be cited as the Preservation of Public Security (Necessary Services) (Declaration) Order.
2. Declaration of necessary service
The service specified in the Schedule is hereby declared to be a necessary service for the purposes of the Preservation of Public Security Regulations.
The Teaching Service of the Government
All financial Institutions in the Republic
PRESERVATION OF PUBLIC SECURITY (MILLING OF MAIZE) REGULATIONS
[Section 3]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
SI 214 of 1986.
[Regulations by the President]
These Regulations may be cited as the Preservation of Public Security (Milling of Maize) Regulations.
(1) The President may, by notice under his hand, require any miller, until further notice, to use all the resources of his undertaking (including staff) for the purpose solely to mill maize for the Republic.
(2) The President may, by writing under his hand, delegate to any person any function under these Regulations other than those referred to in sub-regulation (1).
Where the powers contained in regulation 2 (1) are exercised in respect of any miller or undertaking, such miller or undertaking shall be paid at such rates as may be agreed, or in default of agreement, as may be determined in accordance with these Regulations.
(1) If within four weeks from the exercise in respect of any miller or undertaking of the powers contained in regulation 2 (1) there remains outstanding any dispute relating to or in connection with such exercise of powers, other than a dispute as to the applicable rate or the amount to be paid, the Attorney-General or any person affected by the exercise of such powers, may institute proceedings in the High Court for the determination of such dispute.
(2) Where any dispute arises as to the applicable rate or the amount to be paid, the Attorney-General or any person affected by the exercise of such powers may, and if such dispute is not settled within the aforementioned period of four weeks, shall refer such dispute by way of a submission to a single arbitrator under the provisions of the Arbitration Act:
Provided that such arbitrator shall be an auditor practising in Zambia.
(3) The existence of any dispute as aforesaid shall not affect the right of the President and persons authorised by him to require the miller or undertaking to provide the services as required by regulations 2 (1).
(1) Any person who wilfully fails to comply with a notice under regulation 2 (1), or does any act designed to defeat the purpose of such notice, or who wilfully hinders or obstructs any duly authorised person from 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 12,500 penalty units or to imprisonment for a term not exceeding 2 years, or to both.
(2) If any person wilfully fails to comply with a notice under regulation 2 (1) or does any act designed to defeat the purpose of such notice, or hinders or obstructs any duly authorised person from exercising any rights or performing any functions under 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 under regulation 2 (1), issue such order as may be necessary to ensure compliance with regulation 2 (1).
[As amended by 13 of 1994.]
ZAMBEZI PROHIBITED WATERWAY (NO. 2) ORDER
[Section 3]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Paragraphs
Paragraph
3. Revocation of S.I. No. 201 of 1972
SI 202 of 1972.
This Order may be cited as the Zambezi Prohibited Waterway (No. 2) Order.
The waterways described in the Schedule hereto are hereby declared to be prohibited waterways.
3. Revocation of S.I. No. 201of 1972
The Zambezi Prohibited Waterway Order, 1972, contained in Statutory Instrument No. 201 of 1972 is hereby revoked.
[Paragraph 2]
PART I
KARIBA PROHIBITED WATERWAY
All that area of Lake Kariba which lies within Zambia and to the east of the Kariba dam wall marked by a brass stud numbered N.R.T./T.153 at approximate latitude 16 degrees 31 minutes20 seconds South and approximate longitude 28 degrees 45 minutes 40 seconds East, the boundary follows a straight line on an approximate true bearing of 221 degrees 26 minutes for a distance of approximately 3,352.8 meters to a point at latitude 16 degrees 32 minuts 40 seconds South and longitude 28 degrees 44 minutes 30 seconds East; thence in a straight line on a an approximate true bearing of 259 degrees 6 minutes for a distance of approximately 11,338.56 metres to a point of latitude 16 degrees 33 minuts 50 seconds South and longitude 28 degrees38 minutes 20 seconds East; thence in a straight line on an approximate true bearing of 247 degrees 11 minutes for a distance of approximately 44,287.44 metres to a point at latitude 16 degrees 43 minutes 20 seconds South and longitude 28 degrees 15 minutes 20 seconds East; thence in a straight line on an approximate true bearing of 229 degres 3 minutes for a distance of approximately 17,007.84 metres to a point at latitude 16 degrees 49 minutes 20 seconds South and longitude 20 degrees 8 minutes 10 seconds East; thence in a straight line on an approximate true bearing of 245 degrees 44 minutes for a distance of approximately 35,844.48 metres to a point at latitude 16 degrees 57 minutes 30 seconds South and longitude 27 degrees49 minutes 50 seconds East; thence in a straight line on an approximate true bearing of 214 degrees 39 minutes for a distance of approximately 38,191.44 metres to a point at latitude 17 degrees 14 minutes 40 seconds South and longitude 27 degrees 37 minutes 50 seconds East; thence in a straight line on an approximate true bearing of 185 degrees 44 minutes for a distance of approximately 9,448.8 metress to a point at latitude 17 degrees 19 minutes 50seconds South and longitude 27 degrees 37 minutes 20 seconds East; thence in a straight line on an approximate true bearing of 221 degrees 6 seconds for a distance of approximately 12,039.6 metres to a point at latitude 17 degrees 24 minutes 50 seconds South and longitude 27 degrees33 minutes 00 seconds East; thence in a straight line on an approxmate true bearing of 232 degrees 18 minutes for a distance of approximately 31,120.08 metres to a point at latitude 17 degrees 35 minutes 20 seconds South and longitude 27 degrees 19 minutes 10 seconds East; thence in a straight line on an approximate true bearing of 218 degrees 16 minutes for a distance of approximately 30,480 metres to a point at latitude 17 degrees 48 minutes 20seconds South and longitude 27 degrees 08 minutes 40 seconds East; thence in a straight line on an approximate true bearing of 166 degrees 25 minutes for a distance of approximately3,291.84 metres to a point at latitude 17 degrees 50 minutes 10 seconds South and longitude 27 degrees 09 minutes 10 seconds East; thence in a straight line on an approximate true bearing of226 degrees 51 minutes for a distance of approximately 10,485.12 metres to a point at latitude17 degrees 54 minutes 00 seconds South and longitude 27 degrees 05 minutes 00 seconds East; thence in a straight line on an approximate true bearing of 214 degrees 10 minutes for a distance of approximately 7,833.36 metres to a point at latitude 17 degrees 57 minutes 40seconds South and longitude 27 degrees 02 minutes 30 seconds East; thence in a straight line on an approximate true bearing of 282 degrees 36 minutes for a distance of approximately 2,743.2 metres to a point at approximately latitude 17 degrees 57 minutes 20 seconds South and approximate longitude 27 degrees 01 minutes 00 seconds East on the medium filum of the Zambezi River; thence in a notherly direction to the Northern shore of Lake Kariba; thence follows the shore line in general north-easterly and easterly direction to the Kariba dam wall;thence along this dam wall to a brass stud on the dam wall numbered N.R.T./T.153 which is the point of starting.
PART II
ZAMBEZI PROHIBITED WATERWAY
All such area of the Zambezi River as lies within Zambia and is situated directly opposite to the bank of the said River lying outside Zambia.
PRESERVATION OF PUBLIC SECURITY (PROHIBITED AREAS) (BLUE LAGOON NATIONAL PARK) (REVOCATION) ORDER, 1997
[Sections 3 and 4]
Arrangement of Paragraphs
Paragraph
2. Revocation of S.I. No. 181 of 1976
SI 41 of 1997.
This Order may be cited as the Preservation of Public Security (Prohibited Areas) (Blue Lagoon National Park) (Revocation) Order, 1997.
2. Revocation of S.I. No. 181 of 1976
The Preservation of Public Security (Prohibited Areas) (Blue Lagoon National Park) Order, 1976 is hereby revoked.
PRESERVATION OF PUBLIC SECURITY REGULATIONS
[Sections 3, 4 and 5]
Arrangement of Regulations
Regulation
4. Prohibition of meetings, processions, etc.
5. Power to prohibit certain activities at dwellings, buildings and in public places
7. Dangerous weapons and unlawful conduct at assemblies
9. Prohibition of threats calculated to intimidate or cause alarm
10. Prohibition of threatening violence
11. Prohibition of entry into Zambia without passport or travel document
12. Prohibition of wearing or possessing certain uniforms
14. Control of movement on roads
18. Power to withdraw passport or travel documents
20. Retention of articles in connection with restriction orders
21. Power to direct persons to proceed to and remain in any part of Zambia
23. Powers of entry, inspection and search
24. Power to stop and search vehicles
28. Effect of regulations on contracts
29. Attempt to commit offences
30. Jurisdiction of subordinate courts
31. Jurisdiction of local courts
32. Contravention of conditions
34. Tribunals in respect of detention orders
35. Retention of possession of articles
36. Power to detain suspected persons
37. Harbouring suspected persons
39. Harbouring of petroleum product
40. Possession of petroleum product
41. Persons influencing employees in necessary services
43. Revocation of G.N. No. 375 of 1964
SI 55 of 2017.
These Regulations may be cited as the Preservation of Public Security Regulations, 2017.
These Regulations shall, except as provided, apply only to those parts of Zambia set out in the Schedule.
In these Regulations, unless the context otherwise requires—
“armed force” means any of the naval, military or air forces;
“assembly" means any gathering of three or more people whether in public or in private;
“citizen” has the meaning assigned to the word in the Constitution;
“competent authority” means a person appointed in writing by the President, or by a person performing the functions of the President by virtue of regulation 27, for the purposes of all or any of the Regulations in which the expression occurs;
“contravention”, in relation to any provision or condition, includes a failure to comply with that provision or condition, and “contravene” shall be construed accordingly;
“Defence Force” means the Defence Force established in Article 192 of the Constitution and includes any other military, naval or air units which may, with the approval of the President, for the time being cooperating with the Defence Force;
“detention order” means an order made under the provisions of regulation 33(1);
“District Messenger” means a District Messenger as defined in section 2 of the District Messengers Act;
“established resident” has the meaning assigned to the term in the Immigration and Deportation Act, 2010;
“legal practitioner” means a person admitted to practice as an advocate in accordance with the Legal Practitioners Act;
“national security service” means a national security service established in accordance with Article 193 of the Constitution;
“necessary service” means—
(a) a service relating to the generation, supply or distribution of electricity;
(b) a fire brigade or fire service;
(c) a sewerage, rubbish disposal or other sanitation service;
(d) a health, hospital or ambulance service;
(e) a service relating to the supply or distribution of water;
(f) a service relating to the production, supply, delivery or distribution of food or fuel;
(g) mining, including a service required for the working of a mine;
(h) a communications service;
(i) a transport service, and a service relating to the repair and maintenance, or to the driving, loading and unloading of vehicles for use in a transport service;
(j) a road, railway, bridge, ferry, pontoon, airfield, harbour or dock;
(k) a service required for the working of a mine declared to be a necessary service by S.I. No. 55 of 1966;
(l) the transport of refugees from a country and the transport of essential goods declared to be a necessary service by S.I. No. 239 of 1966;
(m) the transport of goods and passengers by rail declared to be a necessary service by S.I. No. 238 of 1968; or
(n) any other service or facility, whether or not of a kind similar to the foregoing, declared by the President to be a necessary service for the purposes of these Regulations;
“officer in charge of police” has the meaning assigned to the term in the Zambia Police Act;
“passport” has the meaning assigned to the word in the Passports Act, 2016;
“person” includes a company or association or body of persons, corporate or unincorporate;
“police officer” means a member of the Zambia Police Service or of the Zambia Police Reserve and includes a special constable;
“prescribed area” means an area of Zambia set out in the Schedule;
“restriction order” means an order made in accordance with regulation 19(1);
“travel document" has the meaning assigned to the term in the Passports Act, 2016;
"uniform" means a article or articles of wearing apparel being distinct in design and colour intended to be used by a member of the Defence Force, the Zambia Police Service or a national security service;
“undertaking” means a company, firm, trade, business, industry or any other kind of enterprise, statutory board, corporation, local or public authority or any branch or autonomous division thereof; and
"vehicle” has the meaning assigned to the word in the Road Traffic Act, 2002.
4. Prohibition of meetings, processions, etc.
(1) A proper officer may by order prohibit the holding of any meeting in an area, place or building within the prescribed area, either generally or on a particular day or during a particular time, and if a meeting is held, or is proposed to be held, in contravention of that order, any proper officer may take or cause to be taken such steps as may be necessary to disperse such meeting or to prevent the holding thereof.
(2) An order made under sub-regulation (1) may relate to—
(a) all meetings;
(b) a specified class of meeting;
(c) a specified meeting; or
(d) any or all meetings organised, convened, held or attended by a specified person or group of persons.
(3) An order made under sub-regulation (1) may exempt from the provisions of that order meetings or classes of meetings that may be specified in the order, and that order may at any time be amended so as to provide for that exemption.
(4) A proper officer may by order prohibit a person or class of persons specified in that order from addressing a meeting or assembly in an area, place or building within the prescribed area, either generally or during a specified period.
(5) A proper officer may by order prohibit the use of any public address system, loud hailer, or other method or means of amplifying speech or sound as may be specified in that order, either generally or on a particular day or during a particular period.
(6) An order made in accordance with sub-regulation (5) may exempt from the provisions of that order persons or classes of persons that are specified in that order.
(7) A person who convenes, attends or takes part in a meeting, the holding of which has been prohibited under sub-regulation (1), or who contravenes an order made under sub-regulation (4) or (5), commits an offence.
(8) For the purposes of this regulation—
“meeting” means a meeting, procession, sporting event or entertainment of any description; and
“proper officer" means a police officer at or above the rank of Assistant Superintendent.
5. Power to prohibit certain activities at dwellings, buildings and in public places
(1) The President may, where it appears to the President that for the purpose of preserving public security it is strictly required by the exigencies of the situation in Zambia to do so, by order prohibit throughout Zambia or in an area specified in that order—
(a) a person from entering without the express consent of the occupants for the time being thereof, any dwelling or the curtilage thereof or any building and soliciting or advocating adherence to, or disseminating the teachings of, any religion, organisation or society specified in that order, whether by words or conduct; or
(b) a person in a public place from soliciting or advocating adherence to, or disseminating the teachings of, a religion, organisation or society specified in that order, whether by words or conduct, by which a breach of the peace is likely to be occasioned.
(2) An order made under this regulation may contain such incidental supplementary provisions as appear to the President to be necessary or expedient for the purposes of such order.
(3) This regulation does not apply to a political party or trade union.
(4) A person who contravenes an order made under this regulation commits an offence.
(5) For the purposes of this regulation and any order made in accordance with this regulation, “public place” has the meaning assigned to the term in regulation 6(5).
(1) A proper officer may, by order in writing, prohibit during the period specified in that order assemblies between the hours specified in that order in a public place in an area specified in that order.
(2) A person who, between the hours specified in an order made in accordance with sub-regulation (1) during any period specified in that order, is in the company of two or more persons in a public place in an area specified in that order commits an offence.
(3) An order made under this regulation may exempt from the operation thereof any person or class of persons, either generally or for a period that may be specified in that order, and the provisions of this regulation shall not apply to any member of a Police Service acting in the course of that member’s duty.
(4) An order made under this regulation shall come into operation immediately on the making thereof but shall be published in the Gazette as soon as is reasonably practicable thereafter.
(5) For the purposes of this regulation—
“member of a Police Service” includes a police officer, mine police officer, municipal police officer, District Messenger and member of the Defence Force or a national security service who is present within the prescribed area;
“proper officer” means an officer in charge of police; and
“public place" includes a highway, market place, square, road, street, bridge or other way which is lawfully used by the public, and any place, other than a building, to which the public are for the time being entitled or permitted to have access, without any condition or upon the condition of making any payment.
7. Dangerous weapons and unlawful conduct at assemblies
(1) A person who attends, takes part in or is found at an assembly and who has in that person's possession at that assembly a firearm, ammunition, dangerous weapon, explosive substance or a stick, stone or other dangerous missile commits an offence and is liable, on conviction, to imprisonment for a period not exceeding five years.
(2) A person shall not, at any assembly—
(a) injure, or threaten or attempt to injure, another person, or damage, or threaten or attempt to damage, property of any description, whether real or personal; or
(b) behave in a manner that causes a breach of the peace or that causes persons in the neighbourhood reasonably to fear that the person will commit a breach of the peace or will provoke other persons to commit a breach of the peace.
(3) A person who contravenes sub-regulation (2) commits an offence and is liable, on conviction, to imprisonment for a period not exceeding 10 years.
(4) A person charged with an offence under this regulation shall not be granted bail.
(5) This regulation does not apply to—
(a) a member of a Police Service acting in the course of that member's duty;
(b) a person employed by the Government, a local authority, a mining company, or a building or construction company, while acting in the course of that person's employment; or
(c) a person exempted from such provisions by a police officer of or above the rank of Sub-Inspector, or any class of persons so exempted by the Inspector-General of Police by notification in the Gazette.
(6) An exemption under sub-regulation (5) is subject to such conditions, if any, as may be imposed by the authority granting that exemption.
(7) For the purposes of this regulation—
"dangerous weapon" means an article made or adapted for use for causing or threatening injury to a person, or intended by the person having it for that use, and includes a knife, spear, arrow, stone, axe, axe handle, stick or similar weapon; and
"member of a Police Service" means a police officer, District Messenger, a member of the Defence Force or a national security service who is present within the prescribed area.
(1) The President may, where the President is satisfied that for the purpose of maintaining public order it is necessary to do so, by statutory order, direct that any premises specified in that order be closed.
(2) A person who enters the premises in respect of which an order has been made under sub-regulation (1) commits an offence.
(3) It is a sufficient defence in any prosecution under this regulation if the accused person satisfies the court that the accused person entered the premises concerned for the purpose of protecting them or maintaining them in a proper state.
(4) Reference in an order to “premises" includes a reference to all land, adjacent to those premises, which persons using the premises are permitted or entitled to use.
9. Prohibition of threats calculated to intimidate or cause alarm
(1) A person who, without lawful cause or excuse, uses words, whether written or spoken, or signs reasonably likely to intimidate another person or class of persons, commits an offence and is liable, on conviction, to imprisonment for a period not exceeding three years.
(2) For the purposes of this regulation, “intimidate” means to put a person in fear of injury or damage to that person or to a member of that person's family, or to that person's dependants, or in fear of injury or loss to that person's property, business, employment or means of living.
10. Prohibition of threatening violence
(1) A person shall not, without lawful cause or excuse, make any statement indicating or implying that it would be incumbent or desirable to—
(a) do any act or acts calculated to bring death or physical injury to a person or a class or community of persons;
(b) do any act or acts calculated to lead to destruction or damage to any property; or
(c) commit an offence against any written law in force in Zambia or in any part of Zambia.
(2) A person who contravenes sub-regulation (1) commits an offence and is liable, on conviction, to imprisonment for a period not exceeding seven years.
(3) A statement which expresses mere disapproval of a written law shall, to that extent only, be held not to be a statement which indicates or implies that it would be incumbent or desirable to commit an offence against that law.
11. Prohibition of entry into Zambia without passport or travel document
(1) A person who enters Zambia without a passport or travel document commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.
(2) Sub-regulation (1) does not apply to—
(a) a person duly accredited to Zambia by or under the authority of the Government of a sovereign State;
(b) a person who, under a written law, is entitled to any diplomatic immunities and privileges by reason of that person's association with an organisation of which the Republic or the Government and one or more other States or the government or governments thereof are members;
(c) a member of the official staff or of the household of a person described in paragraph (a) or (b);
(d) a citizen or established resident; or
(e) a spouse or minor child of a person described in paragraph (a), (b), (c) or (d).
(3) A prosecution shall not be instituted against any person for an offence under sub-regulation (1) without the sanction, fiat or written consent of the Director of Public Prosecutions.
12. Prohibition of wearing or possession of certain uniforms
(1) A person who is found in Zambia wearing, or in possession of a uniform of an armed force or police service of a country other than Zambia commits an offence and is liable, on conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.
(2) The President may exempt any person from the provisions of sub-regulation (1).
(3) A prosecution shall not be instituted against a person for an offence under sub-regulation (1) without the sanction, fiat or written consent of the Director of Public Prosecutions.
(1) A District Commissioner may, by written or verbal notice delivered by a District Messenger, require a Chief or Headman resident within the District for which that person is appointed District Commissioner to attend such meetings as appear to the District Commissioner to be desirable in the interest of public security, at the place and time specified in that notice.
(2) A Chief may, by written or verbal notice delivered by a retainer require a Headman resident within the area of the Chief to attend such meetings as appear to the Chief to be desirable in the interest of public security, at the place and time notified to the Headman.
(3) A Chief or Headman who, without lawful excuse, the proof of which lies on that Chief or Headman, fails to attend a meeting which the Chief or Headman is required to attend under this regulation commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a period not exceeding six months, or to both.
(4) For the purposes of this regulation—
“Chief" has the meaning assigned to it in the Chiefs Act; and
“Headman" means a person holding the office of Headman under customary law.
14. Control of movement on roads
(1) An authorised officer may by order prohibit the entry, either generally or on a particular day or during a particular period, of any vehicle to, or the presence of any vehicle on, such road or part of a road within a prescribed area as may be described in the order.
(2) An authorised officer may take or cause to be taken such steps as are reasonably necessary to prevent the entry of any vehicle to any road or part of a road in contravention of an order made in accordance with sub-regulation (1), or to remove any person in or on any vehicle found on any road or part of a road in contravention of that order.
(3) A person in or on a vehicle found on a road or part of a road in contravention of an order made under sub-regulation (1), commits an offence.
(4) A person who enters, in or on a vehicle, a road or part of a road, entry to which is prohibited by order under sub-regulation (1), commits an offence.
(5) An order made under this regulation does not apply to a person exempted from that order by a police officer of or above the rank of Inspector or any class of persons exempted by an authorised officer.
(6) An exemption referred to in sub-regulation (5) is subject to such conditions, if any, that may be imposed by the authority granting that exemption.
(7) For the purposes of this regulation, “authorised officer” means a police officer at or above the rank of Inspector, or a commissioned officer of the Defence Force when acting in aid of the civil power.
(1) The President may, whenever the President is satisfied that for the purpose of maintaining public order it is necessary to do so, by an order referred to as a curfew order, prohibit, in respect of the whole or any part of the prescribed area, all or any class of persons from being out of doors between the hours that may be specified in that order except with the authority of a written permit granted by such authority or person as may be so specified.
(2) The President may, in an order made under sub-regulation (1), exempt a person or class of persons from the operation of that order either absolutely or in such circumstances or subject to such conditions as may be specified in that order.
(3) A person commits an offence if that person is out of doors in an area specified in a curfew order within the hours specified in that order and—
(a) fails to stop when called upon to do so by an authorised officer; or
(b) being a person to whom the curfew order applies, is not in possession of a written permit authorising that person to be so out of doors.
(4) A person convicted of an offence under sub-regulation (3) is liable to a fine not exceeding twenty-five thousand penalty units or to imprisonment for a period not exceeding three months, or to both.
(5) This regulation docs not apply to an authorised officer.
(6) For the purposes of this regulation, “authorised officer” means a magistrate, police officer, District Messenger, or member of the Defence Force when acting in aid of the civil power.
(1) The President may, where the President is satisfied that in the interests of security or for the purpose of maintaining public order it is necessary to do so, by order direct, in respect of the whole or any part of the prescribed area that lights shall be kept extinguished between the hours that are specified in that order.
(2) A person who contravenes an order made under sub-regulation (1), commits an offence and is liable, on conviction, to a fine not exceeding twenty-five thousand penalty units or to imprisonment for a period not exceeding three months, or to both.
(3) This regulation does not apply to a vehicle being used on duty by an authorised officer.
(4) For the purposes of this regulation, “authorised officer” has the meaning assigned to the term in regulation 15(5).
The President may, where the President is satisfied that in the interest of public security it is necessary to do so, issue a direction that the supply of electricity from all or any electricity stations in Zambia shall be wholly or partially cut off during such period and between such hours as the President may specify.
18. Power to withdraw passport or travel document
(1) A competent authority may, where the competent authority is satisfied that it is in the interest of the preservation of public security, direct the Chief Passports and Citizenship Officer or a public officer above the rank of Superintendent to withdraw the passport or travel document of a person and to retain it, except that a passport or travel document shall not be retained for a period exceeding the period during which this regulation remains in force.
(2) A person aggrieved by the retention of a passport or travel document under this regulation may make an objection to the Minister responsible for home affairs, who shall consider the objection.
(1) The President may, if satisfied that for the purpose of preserving public security within the prescribed area it is necessary to do so, make an order referred to as a restriction order in respect of a person for any or all of the purposes mentioned in sub-regulation (2), and a person in respect of whom a restriction order is in force is referred to as a restricted person.
(2) A restriction order may be made for any or all of the following purposes—
(a) for securing that, except in so far as may be permitted by the restriction order or by a written permit issued by a competent authority, the restricted person shall not be in the prescribed area or in any such place or area within the prescribed area as may be specified in the restriction order;
(b) for securing that, except in so far as may be permitted by the restriction order or by a written permit issued by such person as may be specified in the restriction order, the restricted person shall remain in such place or area within Zambia as may be so specified; or
(c) for requiring the restricted person to notify that person's movements in such manner, at such times and to such authority or person in such place as may be specified in the restriction order.
(3) Despite any other provision of these Regulations, a restriction order may be made under sub-regulation (2)(a) in respect of a person who is outside the prescribed area.
(4) A permit issued under sub-regulation (2)(a) or (b) may be issued subject to such terms and conditions as appear expedient to the authority or person issuing the permit, and any person who contravenes any term or condition commits an offence.
(5) A restriction order shall come into force immediately on the service of a copy of that order on the restricted person, and, if at the time of that service the restricted person—
(a) in the case of a restriction order made under sub-regulation (2)(a), is within a place or area specified in that order, that person may be removed therefrom; or
(b) in the case of a restriction order made under sub-regulation (2)(b), is outside a place or area specified in such order, that person may be removed thereto,
by a police officer or a person acting on behalf of the President, and shall, whilst being so removed, be deemed to be in lawful custody.
(6) A person commits an offence who in contravention of a restriction order—
(a) enters or is found in any place or area;
(b) leaves any place or area; or
(c) fails to notify that person’s movements.
(7) Without prejudice to any proceedings which may be taken against a restricted person under these Regulations, a restricted person who is at any time within or outside any place or area in contravention of a restriction order or of the terms or conditions of a permit issued under sub-regulation (2) may be removed from or to such place or area, as the case may be, by any police officer or person acting on behalf of the President, and shall, whilst being so removed, be deemed to be in lawful custody.
20. Retention of articles in connection with restriction orders
(1) Where an article has come into the possession of an executive authority whether in consequence of the seizure of that article under any of these Regulations or otherwise, and it appears to the executive authority that the article is or may be relevant to the making of a restriction order, the executive authority may retain that article for so long only as may be necessary to investigate or inquire whether or not a restriction order should be made.
(2) An article referred to in sub-regulation (1) may be retained for a period exceeding the period for which this Regulation is in force.
(3) A person aggrieved by the retention of an article under this regulation may make that person’s objection to the Inspector-General of Police who shall consider that objection.
(4) For the purposes of this regulation, an authority, officer or other person having functions in connection with the execution of these Regulations is an executive authority.
21. Power to direct persons to proceed to and remain in any part of Zambia
(1) For the purpose of controlling citizens returning to Zambia from a foreign country, the President, or any competent authority, where it appears to the President to be strictly required by the exigencies of the situation in the Republic, may, by order, direct a citizen described by name in that order to proceed to and remain in any part of or place in Zambia named in that order.
(2) A person who, without lawful excuse, fails or neglects to comply with any order made in accordance with sub-regulation (1) or prevents or obstructs or interferes with another person in the execution of that order commits an offence.
(1) A magistrate, police officer, member of the Defence Force or national security service when acting in aid of the civil power or District Messenger may arrest without warrant a person who is suspected of committing or being about to commit an offence in contravention of these Regulations.
(2) A magistrate, member of the Defence Force or national security service when acting in aid of the civil power or District Messenger has the powers of arrest of a police officer.
23. Powers of entry, inspection and search
A member of the Defence Force not below the rank of warrant officer or a member of a national security service when acting in aid of the civil power or a police officer not below the rank of Assistant Inspector may, without a warrant, by day or by night, enter and inspect any premises or place wherein the member or officer has reasonable grounds for believing that there is evidence relevant to the making of a detention or restriction order, or that an offence under these Regulations has been, is being or is about to be committed, and to search any part of such premises or place and then and there to take all necessary measures for the retention and preservation of such evidence or for the effectual prevention or detection of that offence.
24. Power to stop and search vehicles
(1) An authorised officer may, without warrant, by day or by night, stop and search any vehicle which is in motion or search any vehicle which is stationary which the officer has reasonable grounds to believe—
(a) may contain any person who has committed or is about to commit an offence under these Regulations or any other written law; or
(b) contains evidence relevant to—
(i) the making of a detention or restriction order; or
(ii) an offence under these Regulations or any other written law.
(2) A person who, without reasonable excuse, fails or refuses to comply with a request or signal made to that person by an authorised officer in the exercise of the powers conferred upon that officer by sub-regulation (1), commits an offence and is liable, on conviction, to a fine not exceeding twenty-five thousand penalty units or to imprisonment for a period not exceeding three months, or to both.
(3) For the purposes of this regulation, “authorised officer” means a police officer, District Messenger, or a member of the Defence Force or national security service when acting in aid of the civil power.
(1) When an order, direction or notice is made or given under the provisions of these Regulations, the person making that order, direction or notice shall cause notice thereof to be given in a manner that the person thinks necessary for bringing it to the notice of a person who in that person’s opinion ought to have notice of the order, direction or notice.
(2) Without limiting the generality of sub-regulation (1), an order, direction or notice is sufficiently notified if it published in the Gazette or, in the case of an order, direction or notice addressed to an individual, if it is brought to that individual’s notice by service, by post or otherwise.
A person who obstructs, knowingly misleads, or otherwise interferes with or impedes, or withholds any information in that person's possession which that person may reasonably be required to furnish from, any officer or other person who is carrying out the orders of the President or who is otherwise acting in accordance with that officer's or other person's duty under these Regulations, commits an offence.
The President may, by writing under the President's hand, and either generally or specially, delegate to any person or persons, either by name or office, all or any of the functions conferred upon the President by these Regulations, subject to such conditions, if any, as the President may specify, and any person to whom functions are delegated shall have and may perform such functions accordingly, but that delegation shall not prevent the President from acting in person under these Regulations.
28. Effect of regulations on contracts
If the fulfilment by any person of a contract is interfered with by the necessity on the part of that person or of any other person of complying with these Regulations or any rule, order, notice, scheme or direction made thereunder, that necessity shall be a good defence to any action or proceedings taken against that person in respect of the non-fulfilment of that contract so far as it is due to that interference.
29. Attempt to commit offences
(1) Without limiting to the operation of any other written law, a person who attempts to commit, conspires with any other person to commit, or does any act preparatory to the commission of an offence under any provision of these Regulations commits an offence against that provision and is liable, on conviction, to the punishment provided in respect of the actual offence.
(2) Any person who does any act preparatory to the commission of an offence against any written law relating to injury to the person or damage to property, whether real or personal, commits an offence.
30. Jurisdiction of subordinate courts
(1) Despite the provisions of any other written law, a subordinate court of the first or second class may try an offence under these Regulations and impose a sentence provided for in these Regulations.
(2) A subordinate court of the third class may try any offence under these Regulations in respect of which the penalty is provided under regulation 42 and may impose any penalty provided for in such regulation.
(3) The provisions of the Criminal Procedure Code relating to the confirmation of sentences and fines imposed by subordinate courts apply to any sentence or fine imposed in respect of an offence under these Regulations.
(4) Despite the provisions of any other written law to the contrary, a subordinate court may inquire into or try any offence which it has jurisdiction to try under the Penal Code, these Regulations or any other written law, whether or not the offence was committed within the district in which such subordinate court has jurisdiction.
(5) For the purposes of this regulation, “district” has the meaning assigned to the word in section 2 of the Criminal Procedure Code.
31. Jurisdiction of local courts
(1) Despite the provisions of any written law to the contrary, a local court has and may exercise jurisdiction to try any offence under regulations 13 and 37 and accordingly such local court—
(a) shall administer the provisions of regulations 13 and 37; and
(b) may impose any sentence provided for in those regulations.
(2) Nothing in sub-regulation (1) confers jurisdiction on a local court to try any offence under regulation 13 where the person charged with the offence is a Chief.
(3) For the purposes of this regulation, “local court" has the meaning assigned to the term in the Local Courts Act.
32. Contravention of condition
A person who contravenes a condition contained in an exemption granted in terms of these Regulations commits an offence.
(1) The President may, whenever the President is satisfied that for the purpose of preserving public security it is necessary to exercise control over any person, make an order in respect of that person, directing that the person be detained and thereupon that person shall be arrested, whether in or outside the prescribed area, and detained.
(2) The President may at any time vary or revoke a detention order or may direct that the operation of that order be suspended subject to such conditions, if any, as the President considers necessary, and may at any time revoke that order of suspension or vary any such conditions.
(3) Without limiting the generality of sub-regulation (2), where a detention order is suspended, the person in respect of whom that order is made may be subjected to conditions—
(a) imposing on that person restrictions as to place of residence, business or employment, or association or communication with other persons, as the President considers necessary;
(b) prohibiting that person from being out of doors between the specified hours except with the authority of a written permit granted by a competent authority;
(c) requiring that person to notify that person’s movements in a manner, at such times and to such authority or person as may be specified;
(d) prohibiting or restricting the possession or use by that person of any specified article; or
(e) prohibiting that person from travelling except in accordance with permission given to that person by a competent authority.
(4) A person who contravenes a condition attached to the suspension of a detention order whether or not the suspension is revoked or the order varied in consequence of such contravention, commits an offence.
(5) A person detained in accordance with this regulation shall be deemed to be in lawful custody and shall be detained in such place within or outside the prescribed area as may be authorised by the President and in accordance with such instructions as the President may issue in that behalf.
(6) Where the President authorises the detention of any person in any place declared to be a prison under the Prisons Act, nothing in this sub-regulation shall be to the prejudice of any power under the said Act to direct the removal of such person from such prison to any other prison within Zambia.
(7) A police officer of or above the rank of Superintendent may, without warrant, arrest a person in respect of whom that officer has reason to believe that there are grounds which would justify that person’s detention under this regulation, and may order that the person be detained for a period not exceeding seven days pending a decision whether a detention order should be made against that person, and the provision of sub-regulation (5) shall apply in respect of that person’s detention during that period.
(8) A person arrested under sub-regulation (7) shall be released where, before a decision is reached as to whether or not a detention order should be made against that person, the police officer who arrested that person finds, on further inquiry, that there are no grounds which would justify that person's detention under this regulation.
34. Tribunals in respect of detention orders
(1) The President shall, for purposes of regulation 32, constitute a Tribunal or such number of Tribunals as the President considers necessary or expedient.
(2) A Tribunal shall consist of—
(a) a legal practitioner appointed by the Chief Justice, who shall be the chairperson; and
(b) such other persons as the President may appoint.
(3) Where a person is lawfully detained under regulation 33, that person's case shall be reviewed by the Tribunal constituted under sub-regulation (1) not more than one month after the commencement of that person's detention and thereafter during that person’s detention at intervals of not more than six months.
(4) A Tribunal constituted under sub-regulation (1) may exclude from proceedings before it persons other than the parties to the proceedings and their legal representatives to such extent as the Tribunal may consider necessary or expedient in the interests of defence, public safety, public order, public morality or the protection of the private lives of persons concerned in the proceedings.
(5) On any review by a Tribunal in pursuance of this regulation of the case of a detained person, the Attorney General, or such public officer or class of public officers as may be specified by the Attorney-General or a legal practitioner instructed in that behalf by the Attorney-General, shall have a right of audience before the Tribunal for the purpose of presenting the case and may make representations to the Tribunal.
(6) On any review by a Tribunal in pursuance of this regulation, of the case of a detained person, the Tribunal may make recommendations concerning the necessity or expediency of continuing a person’s detention to the President, but the President is not obliged to act in accordance with that recommendation.
35. Retention of possession of articles
(1) Where an article has come into the possession of an executive authority, whether in consequence of the seizure of the article under these Regulations or otherwise, and it appears to the executive authority that the article is or may be relevant to the making of a detention order, the executive authority may retain such article for so long only as may be necessary to investigate or inquire whether or not a detention order should be made.
(2) An article may not be retained for any period exceeding the period for which this regulation is in force.
(3) Any person aggrieved by the retention of an article under this regulation may make that person's objection to a Tribunal constituted under regulation 33, and the Tribunal shall consider that objection.
(4) For the purposes of this regulation, an authority, officer or other person whatsoever having functions in connection with the execution of these Regulations shall be an executive authority.
36. Power to detain suspected persons
(1) If a person, upon being questioned by a police officer, fails to satisfy that officer as to that person's identity or as to the purpose for which that person is in the place in which that person is found, the police officer may, if that officer reasonably suspects that the person has committed an offence, or when that officer reasonably considers it necessary to prevent that person committing an offence, arrest, detain or order that person to be detained.
(2) A person shall not be detained under the powers conferred by this Regulation for a period exceeding 24 hours except with the authority of a magistrate or of a police officer not below the rank of Assistant Superintendent, on whose direction that person may be detained for a further period of 48 hours.
(3) If a magistrate is satisfied that the necessary inquiries cannot be completed within the further period of 48 hours referred to in sub-regulation (2), the magistrate may direct that such person may be detained for a further period not exceeding 7 days.
(4) A person detained under the powers conferred by this Regulation is deemed to be in lawful custody and may be detained in any prison or police station or in any place authorised under regulation 33(5).
37. Harbouring suspected persons
A person who harbours or conceals another person whom that person knows or has reason to believe to be a person whose presence, activities or movements constitute a threat to the preservation of public security commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a period not exceeding six months, or to both.
(1) If, in respect of any prescribed area or part thereof, it appears to the President that persons are or may be resorting thereto or concealing themselves or residing therein in circumstances in which the presence, activities or movement of such persons in, into or out of such area constitutes a threat to the maintenance of public order, the President may by order declare that area to be a prohibited area for the purposes of these Regulations.
(2) An order made under this regulation shall come into force on the date that may be specified therein, and so long as that order is in force, subject to any exemptions for which provisions may be made by the same or any subsequent order, a person shall not enter or re-enter or remain in or be within any part of the prohibited area unless that person is in possession of a permit issued by a competent authority.
(3) A permit issued under sub-regulation (2)—
(a) shall be in such form as the authority issuing it may determine;
(b) shall be subject to such conditions as may be contained therein or be endorsed thereon; and
(c) may be revoked at any time by any authority empowered to issue such permits.
(4) A person claiming to be the holder of a permit issued in accordance with sub-regulation (2) shall, on demand made in that behalf by an authorised officer, produce the permit to that officer.
(5) A person who is unlawfully in any prohibited area, or who fails to comply with or contravenes the terms of any direction, order or permit given or issued under the provisions of this Regulation, commits an offence.
(6) Without prejudice to any proceedings which may be taken under these Regulations, a person who is unlawfully in a prohibited area or who contravenes the terms of a direction, order or permit given or issued under this Regulation may be removed from that place or area by an authorised officer, who may use necessary force to effect that removal.
(7) A person whilst being so removed shall be deemed to be in lawful custody.
(8) A person who is removed from a prohibited area under sub-regulation (6) may be removed to any part of Zambia.
(9) Whenever a person has been removed to an area under sub-regulation (8), that person shall immediately on that person’s arrival report to the nearest officer in charge of police in the District, and shall thereafter report at the intervals that the officer in charge of police may determine, and a person who fails to comply with the provisions of this sub-regulation commits an offence.
(10) For the purposes of this regulation,“authorised officer” means magistrate, police officer or member of the Defence Force or national security service.
39. Harbouring of petroleum product
(1) A person shall not export from Zambia a petroleum product—
(a) otherwise than in accordance with the Customs and Excise Act; or
(b) in contravention of any written law or order prohibiting, restricting or regulating the export of a petroleum product.
(2) A person who contravenes sub-regulation (1) commits an offence and is liable, on conviction, to imprisonment for a period not exceeding 15 years.
(3) Where the amount of a petroleum product involved in the commission of an offence exceeds 50 litres, a sentence of not less than 3 years shall be imposed on the person convicted of that offence.
(4) For the purposes of this regulation, “petroleum product” means refined petroleum capable of being used as a motor spirit or diesel fuel or power paraffin or aviation spirit, but does not include illuminating paraffin.
40. Possession of petroleum product
(1) A person who, without lawful authority, is in possession of a petroleum product, commits an offence and is liable, on conviction, to imprisonment for a period not exceeding five years.
(2) Where the amount of a petroleum product involved in the commission of an offence exceeds 445 litres, a sentence of not less than one year shall be imposed on the person convicted of that offence.
(3) For the purposes of this regulation, “petroleum product” has the meaning assigned to the term in regulation 39(4).
41. Persons influencing employees in necessary services
A person who incites, instigates, or in any way encourages or persuades, any person or class of persons employed in a necessary service to be absent from such employment or otherwise to fail to perform that person’s or class of persons’ work or duties in or about that necessary service, knowing or having reasonable cause to believe that the probable consequence of such absence or failure, either alone or in combination with others, would be to deprive the public wholly or to any extent of that service commits an offence.
(1) A person who commits an offence under these Regulations for which no other penalty is provided is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.
(2) Where the person that commits an offence under these Regulations is a corporation, company or society, any director, officer or trustee or other person concerned with the management thereof commits the like offence, unless that person proves that the offence was committed without that person’s knowledge or consent.
43. Revocation of G.N. No. 375 of 1964
The Preservation of Public Security Regulations, 1964, are revoked.
[Regulations 2 and 3]
PRESCRIBED AREAS
All Provinces
{/mprestriction}