ZAMBEZI RIVER AUTHORITY ACT: INDEX TO SUBSIDIARY LEGISLATION
Zambezi River Authority (Terms and Conditions of Service) By-Laws
Zambezi River Authority (Water Tariffs) By-Laws
Zambezi River Authority (Kariba Dam Wall) By-Laws
ZAMBEZI RIVER AUTHORITY (TERMS AND CONDITIONS OF SERVICE) BY-LAWS
[Article 10]
Arrangement of By-laws
By-law
PART I
PRELIMINARY
1. Title
2. Interpretation
PART II
GENERAL
2A. Employee’s dependants
3. Probation
4. Additional remuneration
5. Hours of work
6. Retirement
7. Restructuring and re-organisation
8. Repatriation
9. Notice of resignation
10. ...
11. Misconduct
12. Conflict of interest
13. Prohibition and suspension
14. ...
15. Salary advances
16. Housing allowance
17. Overtime
18. ...
19. Danger allowance
20. Acting and responsibility allowance
21. Special skill allowance
22. ...
23. Location allowance
24. Motor vehicle loan scheme and maintenance allowance
24A. Gratuity
24B. Group accident policy
24C. Professional membership
24D. Social club membership
24E. Protective clothing or equipment
24F. Provision of loans
24G. Long service award upon retirement
24H. Provision of travel and subsistence allowances within or outside the Contracting States
24I. Communication allowance
25. ...
26. ...
27. Settling-in allowance
28. ...
29. Disturbance allowance
30. Electricity and water allowance
31. Transport and transport allowance
32. Kilometre allowance
33. ...
34. Foreign travel
35. Medical scheme
36. Specialist medical treatment
37. Medical aid for retirees
38. Group life assurance
39. Pension scheme
PART III
LEAVE
40. Grant or refusal of leave
41. Classification of employees' job titles, grades and leave days
42. Maximum continuous period of annual leave
43. Circumstances in which sick leave may be granted
44. Grant of sick leave
45. Further sick leave pending decision of medical practitioners
46. Grant of annual leave in lieu of sick leave
47. Reporting of absence from duty
48. Employee to submit to medical examination when required by the Authority
49. Leave for urgent personal reasons
50. Special leave
51. Study leave
52. Benefit payable on death
53. Terminal benefits on grounds of ill health
54. Leave benefits on retirement
55. Leave benefits on resignation
56. Leave benefits on termination
57. Application for leave
58. Notice of the grant of leave
59. Failure to resume duty after leave
60. Resumption of duty before expiry of leave
60A. Unpaid leave
60B. Mother’s day
60C. Maternity leave
60D. Paternity leave
PART IV
EMPLOYEES RETAINED FROM CENTRAL AFRICAN POWER CORPORATION
61. Former conditions of service
62. ...
63. Revocation of SI 1 of 1989
[By-laws by the Council of Ministers]
SI 2 of 1995,
SI 90 of 1997,
SI 46 of 2019,
SI 58 of 2022.
PART I
PRELIMINARY
These By-laws may be cited as the Zambezi River Authority (Terms and Conditions of Service) By-Laws.
[By-Law 1 am by by-Law 2 of SI 90 of 1997.]
In these By-laws, unless inconsistent with the context—
"Authority" means the Zambezi River Authority established by the Zambezi River Authority Act;
"basic pay" means the salary of an employee excluding any other allowances that may be payable to an employee on a monthly basis by the Authority;
[Ins by by-law 3 of SI 90 of 1997; subs by by-law 2(a) of SI 46 of 2019.]
"dependant" means—
(a) a registered spouse of an employee of the Authority; or
(b) a biological, adopted or step child of an employee who is of or below the age of 18 years or above 18 years but below 21 years and undergoing full-time education and dependent on the employee;
[Subs by by-law 2(a) of SI 46 of 2019.]
"employee" has the meaning assigned to the word in the Employment Code Act, 2019, and has the corresponding meaning in the applicable law of the other Contracting State;
[Subs by by-law 2(a) of SI 46 of 2019.]
"gross pay" means the salary of an employee including any other allowances that may be payable to an employee on a monthly basis by the Authority;
[Ins by by-law 2(b) of SI 46 of 2019.]
"Head of Department" means the person having the overall responsibility for any particular department within the Authority or in the absence of such person, any person designated to act in his place;
"leave" means leave of absence from duty;
"length of service" means the continuous period of service the employee has served with the Authority or its predecessor, which period shall be calculated from the original date of engagement;
"medical doctor" has the meaning assigned to the words in the Health Professions Act, 2009;
[Ins by by-law 2(b) of SI 46 of 2019.]
"pay" means the salary of an employee together with such allowances as may be payable to him;
"retirement age" means the age of retirement as specified in by-law 6;
"working day" means any day of the week except Saturday, Sunday, and public holidays.
PART II
GENERAL
(1) An employee shall register with the Authority a maximum of five dependants.
(2) When registering a dependant, the employee shall provide, in the case of a—
(a) child, a birth certificate, birth record, national identity card or proof of adoption; and
(b) spouse, a marriage certificate.
[By-law 2A ins by by-law 3 of SI 46 of 2019.]
(1) Subject to this by-law, a person who is offered employment by the Authority shall serve a probationary period of three months.
(2) A person shall not be confirmed to the service of the Authority without passing a medical examination conducted by a medical doctor.
(3) A person serving on probation may resign by giving 24 hours’ notice of the intention to do so.
(4) The Authority may terminate the service of a person serving on probation by giving 24 hours’ notice of the intention to do so.
(5) An employee appointed to a position in a higher grade shall serve a probationary period of three months.
(6) The Authority may dispense with the requirement for a probationary period referred to in sub-by-law (5), if the employee has acted in the position for a period ranging from three to six months prior to the promotion.
(7) An employee on probation referred to in sub-by-law (5) may resign by giving notice of intention to resign in accordance with the notice period applicable to the employee.
[By-law 3 subs by by-law 4 of SI 46 of 2019.]
Save as may otherwise be prescribed, an employee shall not be entitled to additional remuneration in respect of any duty or work which he is required to perform whether during or after the normal hours of work.
The normal hours of work shall be as laid down from time to time by the Authority.
(1) Subject to by-law 9 an employee may retire from service with the Authority on his 55th birthday or at any time thereafter and shall retire not later than his 60th birthday unless the Authority extends his retirement age in accordance with sub-by-law (2).
(2) The Chief Executive may, upon application made by an employee, at any time during six months following his 59>th> birthday, extend the employee’s retirement age to a date not later than his 65th birthday.
[By-law 6(2) am by by-law 4 of SI 90 of 1997.]
(3) By-law 9 applies with necessary modifications, to a period of notice in relation to an employee wishing to retire in terms of this by-law, except that an employee listed in Parts B, C and D of the Second Schedule whose service has been extended under sub-by-law (2), shall give three months’ notice.
[By-law 6(3) subs by by-law 5 of SI 46 of 2019.]
7. Restructuring and re-organisation
(1) Where a post of an employee becomes surplus due to the re-organisation or re-structuring of the Authority or any station of the Authority the employee shall be declared redundant or be retrenched and such employees shall be paid—
(a) a severance benefit of three months current basic pay; and
(b) a redundancy package calculated as follows—
(2) Where the Authority requires an employee to be deployed or transferred to another station on account of the re-organisation or re-structuring of the Authority or any station of the Authority and such employee is unable to be redeployed or transferred due to special circumstances, the Authority shall pay a severance benefit to such employee in accordance with sub-by-law (1).
[By-law 7(2) am by by-law 6 of SI 46 of 2019.]
(1) When an employee retires, becomes redundant or is retrenched from the service of the Authority or is discharged on medical grounds, the Authority shall meet the cost of transport for the employee and up to five dependants to the employee’s home district:
[By-law 8(1) am by by-law 7(a) of SI 46 of 2019.]
Provided that, where the employee chooses not to be repatriated to his home district, the Authority shall meet the cost of repatriation to his chosen destination subject to the cost not exceeding that to his home district.
[Proviso to by-law 8(1) am by by-law 5 of SI 90 of 1997.]
(2) Where an employee dies in service the Authority shall repatriate the dependants of the employee in accordance with sub-by-law (1).
(3) Where an employee’s service is terminated by the Authority or where he resigns from the service of the Authority, the Authority may meet the cost of road transport for the employee and up to five dependants to the employee’s home district.
[By-law 8(3) am by by-law 7(b) of SI 46 of 2019.]
(1) An employee who wishes to resign from the service of the Authority shall give notice, in writing, to the Chief Executive.
(2) The period of notice to be given in terms of sub-by-law (1) shall be—
(a) in case of an employee in a grade listed in Part A and B set out in the Second Schedule, three calendar months; and
(b) in the case of an employee in a grade listed in Part C and D set out in the Second Schedule, a calendar month or a longer period that the Authority may determine at the time of the employee’s appointment.
(3) An employee listed under sub-by-law (2) who resigns without notice shall pay the Authority one month’s salary in lieu of notice.
(4) A period spent on annual leave by an employee shall not form part of the last month of the notice period.
[By-law 9 subs by by-law 8 of SI 46 of 2019.]
[By-law 10 rep by by-law 9 of SI 46 of 2019.]
(1) An employee shall be guilty of misconduct for any of the acts specified in the First Schedule.
(2) ...
[By-law 11(2) rep by by-law 10 of SI 46 of 2019.]
(3) The code of conduct, disciplinary and grievances procedures shall be laid down in rules as determined by the Authority and such rules shall be made available to the employees of the Authority.
(4) An employee shall, on receipt of any rules specified under sub-by-law (3), sign such rules as acknowledgement of receipt of the rules.
If an employee or his spouse—
(a) acquires or holds direct or indirect pecuniary interest in any contract or knowingly acquires or holds any direct or indirect pecuniary interest in any firm or company applying or negotiating for a contract with the Authority;
[By-law 12(a) am by by-law 6 of SI 90 of 1997.]
(b) owns any immovable property in, or has direct or indirect pecuniary interest in, any firm or company and such ownership or interest results in the private interest of the employee coming into or likely to come into conflict with his official duties; or
(c) has otherwise, in his private capacity, any other direct or indirect pecuniary interest in any business of the Authority;
the employee shall forthwith report the fact to the Authority and shall thereafter comply with such direction in connection therewith as the Authority may, from time to time, give him.
13. Prohibition and suspension
(1) An employee suspected of misconduct or against whom criminal proceedings have been instituted may be prohibited by the Head of Department from carrying out the duties of his post, and the prohibition shall remain in force until cancelled by the Head of Department or otherwise under these By-Laws.
(2) Where a Head of Department prohibits an employee from carrying out the duties of his post under sub-by-law (1) the Head of Department shall immediately thereafter refer the matter to the Chief Executive of the Authority.
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(3) On receipt of a matter referred to him under sub-by-law (2) the Chief Executive of the Authority may order the suspension of such employee.
(4) When the Chief Executive orders the suspension of an employee who has been prohibited from carrying out the duties of his post the prohibition by the Head of Department under sub-by-law (1) shall be deemed to be cancelled with effect from the date of the Chief Executive’s order.
(5) An employee prohibited from carrying out his duties under sub-by-law (1) shall be entitled to the full amount of his salary for the period of the prohibition.
(6) Notwithstanding sub-by-laws (1), (2) and (3), the Chief Executive may on his own motion, where an employee is suspected of misconduct or against whom criminal proceedings have been instituted—
(a) prohibit that employee from carrying out the duties of his post; or
(b) order the suspension of that employee.
(7) An employee in respect of whom an order of suspension has been made under sub-by-law (3) or (6) shall be entitled to half his salary for the period of such suspension.
(8) If after an investigation relating to any alleged act of misconduct, the Chief Executive decides that no misconduct is disclosed or the matter is trivial then any prohibition or suspension made under this by-law shall be cancelled with effect from the date of the Chief Executive’s decision and the employee shall, in the case of a suspension, thereupon be entitled to be paid the full amount of his salary for the period of the suspension less the amount paid to him under sub-by-law (7).
(9) If an employee against whom a prohibition or order of suspension has been made under this by-law on the ground that criminal proceedings were instituted against him and—
(a) he is acquitted of the crime; or
(b) he is not brought to trial;
the prohibition or order of suspension shall remain in force pending the conclusion of any proceedings that may have been taken against him on a charge of misconduct and if no proceedings are initiated by the Chief Executive against the employee, then the Chief Executive shall cancel the prohibition or order of suspension and in the case of a suspension, the employee shall thereupon be entitled to be paid the full amount of his salary for the period of suspension less the amount paid to him under sub-by-law (7).
(10) If an employee who is charged with misconduct is found guilty by the Chief Executive, the Chief Executive may cancel any prohibition or order of suspension in force under this by-law in relation to the employee and—
(a) issue a written warning;
(b) issue a final written warning;
(c) issue a final written warning plus 5 days suspension without pay;
(d) reprimand him and—
(i) transfer him to another post or grade, the salary of which is less than that received by him at the date he is found guilty of misconduct; and
(ii) order a reduction in any allowance to which he may be entitled;
(e) call upon the employee to resign with effect from a specified date, failing which he shall be deemed to be dismissed as from that date; or
(f) dismiss the employee.
(11) The Chief Executive may delegate any of his powers under this by-law to any authorised employee of the Authority.
[By-law 14 rep by by-law 11 of SI 46 of 2019.]
(1) A salary advance may be granted to an employee at the discretion of Management.
(2) A salary advance shall be interest free and up to a maximum of one month’s salary which shall be repayable over a maximum period of three months:
Provided that, a salary advance shall only be granted where a previous advance has been fully repaid.
(3) Where an employee proceeds on leave and his leave period extends over one or more pay days, he may elect to receive a salary advance equivalent to his estimated net pay for the duration of the leave period.
Where the Authority does not provide accommodation to an employee or where an employee elects not to occupy accommodation provided by the Authority, the Authority shall pay the employee a housing allowance of an amount to be determined by the Authority.
The Authority shall pay overtime or grant time off in lieu of payment for hours worked to an eligible employee who works extra hours in accordance with the formula set out in the Second Schedule.
[By-law 17 subs by by-law 12 of SI 46 of 2019.]
[By-law 18 rep by by-law 13 of SI 46 of 2019.]
Every employee who spends at least 25 per cent of the normal working hours in a month in a designated danger zone shall be entitled to a danger allowance as determined by the Authority.
20. Acting and responsibility allowance
(1) An employee required to perform temporarily a job in a higher grade shall receive an acting allowance which shall be equivalent to the difference between his substantive salary and entry point of the grade he is acting in, or a minimum allowance of at least five per cent of the basic salary, whichever is the higher:
[By-law 20(1) am by by-law 7 of SI 90 of 1997.]
Except that the allowance shall only be paid for an acting period of 15 days but not exceeding six months.
[Proviso to by-law 20(1) subs by by-law 14(a) of SI 46 of 2019.]
(2) Where an employee has been assigned additional responsibilities, a responsibility allowance shall be paid at the rate of 5 per cent of the employee’s monthly basic pay except that the responsibility allowance shall only be paid for a period of 15 days but not exceeding 6 months.
[By-law 20(2) subs by by-law 14(b) of SI 46 of 2019.]
A special skill allowance, as determined by the Authority, shall be paid to any employee who acquires additional skills outside his normal scope of work and who utilises his skills to the benefit of the Authority.
[By-law 21 am by by-law 8 of SI 90 of 1997.]
[By-law 22 rep by by-law 15 of SI 46 of 2019.]
A location allowance, as determined by the Authority, shall be paid to employees at designated locations.
24. Motor vehicle loan scheme and maintenance allowance
(1) The Authority shall provide a motor vehicle loan scheme to an employee.
(2) Where the Authority provide a motor vehicle loan to an employee in Part A or B, the motor vehicle shall be used for personal and official duties.
(3) Despite, sub-by-law (2), an employee may opt to purchase a vehicle using an employee’s own resources and the vehicle shall be used for personal and official duties.
(4) The Authority shall provide a motor vehicle maintenance allowance to an employee referred to in sub-by-laws (1) and (2) at a rate that the Authority may determine.
[By-law 24 subs by by-law 16 of SI 46 of 2019.]
The Authority shall pay gratuity to an employee on a contract of specific duration of not less than 12 months at a rate determined by the Authority.
[By-law 24A ins by by-law 17 of SI 46 of 2019.]
The Authority shall effect a policy on insurance with an insurance company against the risk of personal accidents occurring during the course of employment irrespective of, whether or not the accident occurs during working hours.
[By-law 24B ins by by-law 17 of SI 46 of 2019.]
The Authority shall pay professional membership fees on behalf of an employee to an institution essential to the requirements of the employee’s job.
[By-law 24C ins by by-law 17 of SI 46 of 2019.]
The Authority shall pay on behalf of an employee in Part A, membership fees to one social club.
[By-law 24D ins by by-law 17 of SI 46 of 2019.]
24E. Protective clothing or equipment
The Authority shall provide protective clothing or equipment or both to designated employees as may be determined by the Authority.
[By-law 24E ins by by-law 17 of SI 46 of 2019.]
The Authority may provide a loan to an employee as may be determined from time to time by the Authority.
[By-law 24F ins by by-law 17 of SI 46 of 2019.]
24G. Long service award upon retirement
The Authority shall give a long service award to an employee who retires after 10 years of service as may be determined by the Authority.
[By-law 24G ins by by-law 17 of SI 46 of 2019.]
24H. Provision of travel and subsistence allowances within or outside the Contracting States
The Authority shall pay travel and subsistence allowances to an employee travelling on business outside the usual work station, within or outside the Contracting States as determined by the Authority.
[By-law 24H ins by by-law 17 of SI 46 of 2019.]
The Authority shall pay a communication allowance each month to an eligible employee as may be determined by the Authority.
[By-law 24I ins by by-law 17 of SI 46 of 2019.]
[By-law 25 rep by by-law 18 of SI 46 of 2019.]
[By-law 26 rep by by-law 19 of SI 46 of 2019.]
The Authority shall pay a settling-in allowance of 50 per cent of the monthly basic salary to an employee on engagement.
[By-law 28 rep by by-law 20 of SI 46 of 2019.]
The Authority shall pay a disturbance allowance, as determined by the Authority, to an employee who is transferred from one station to another.
30. Electricity and water allowance
(1) The Authority shall pay to all employees an electricity and water allowance as determined by the Authority.
(2) A person who retired from the service of the Authority before the amendment of these Regulations, shall continue to receive water and electricity allowances.
[By-law 30(2) subs by by-law 21 of SI 46 of 2019.]
31. Transport and transport allowance
(1) The Authority may provide transport to and from work to employees other than the employees in Parts A and B.
[By-law 31(1) subs by by-law 22 of SI 46 of 2019.]
(2) Any employee not provided with transport shall be paid a transport allowance as determined by the Authority.
When an employee is required to travel on Authority business for a distance exceeding 30km from his normal place of work, and is permitted by the Head of Department to use his own vehicle, he shall be paid a kilometre allowance as determined by the Authority.
[By-law 33 rep by by-law 23 of SI 46 of 2019.]
(1) An employee travelling outside the Contracting States shall be paid a business allowance to cover his expenses at rates determined by the Authority.
(2) Where an employee attends a residential training course or undertakes a fully sponsored trip outside the Contracting States he shall be paid 50 per cent of the business allowance referred to in sub-by-law (1).
(1) An employee and a dependant shall be covered under a medical scheme available in each Contracting State up to the maximum entitlement that may be determined by the Authority.
(2) Where a medical scheme is not used, an employee and the employee’s dependants shall access medical care from a hospital within the Contracting States and the cost shall be up to the maximum entitlement of that employee that may be determined by the Authority.
[By-law 35 subs by by-law 24 of SI 46 of 2019.]
36. Specialist medical treatment
Where an employee or the registered dependant is referred for specialist treatment outside the Contracting States, the Authority may, with the approval of the Board, pay for the treatment up to the maximum amount as determined by the Authority.
[By-law 36 subs by by-law 25 of SI 46 of 2019.]
A person who retired from the service of the Authority before the amendment of these By-laws, shall continue to receive medical aid together with the spouse, except that the retiree and the spouse shall only receive the medical benefits if they continue to reside in the Contracting States.
[By-law 37 subs by by-law 26 of SI 46 of 2019.]
(1) If an employee listed in Part A of the Second Schedule dies while in service, a benefit amounting to five times the employee’s annual basic pay shall be paid to the employee’s estate.
(2) If an employee listed in Part B, C and D of the Second Schedule dies in service, a benefit amounting to three times the employees’ annual basic pay shall be paid to the employee’s estate.
[By-law 38 subs by by-law 27 of SI 46 of 2019.]
The Authority shall operate pension schemes in the Contracting States.
PART III
LEAVE
(1) Subject to the other provisions of this Part, a Head of Department may grant leave, with pay, to an employee who has completed more than six months’ service and subject to his being confirmed in service.
(2) All leave is granted subject to the needs of the Authority and no employee is entitled to take leave at any particular time.
41. Classification of employees’ job titles, grades and leave days
The classification of employees’ jobs, titles, grades and leave days is set out in the Third Schedule.
[By-law 41 subs by by-law 28 of SI 46 of 2019.]
42. Maximum continuous period of annual leave
(1) Subject to this Part, no employee may be granted leave for a continuous period longer than that specified hereunder for each Part as listed in the Second Schedule—
(a) Part A | - | 140 days |
(b) Part B | - | 120 days |
(c) Part C | - | 105 days |
(d) Part D | - | 90 days |
[By-law 42(1) am by by-law 29(a) of SI 46 of 2019.]
(2) Subject to this Part no employee may accumulate leave days in excess of the days specified hereunder for each Part as listed in the Second Schedule—
Maximum |
||
(a) Part A | - | 140 |
(b) Part B | - | 120 |
(c) Part C | - | 105 |
(d) Part D | - | 90 |
[By-law 42(2) am by by-law 29(b) of SI 46 of 2019.]
(3) Where an employee applies for leave and his application is not approved because of the needs of the Authority, he shall be entitled to accumulate leave above the amount of days specified in sub-by-law (2) and he shall be entitled to commute for cash at the end of each leave any accumulation beyond the maximum accumulation:
Provided that, any leave which has been commuted for cash shall not be converted back into leave at a later date.
(4) Where any employee has been granted only part of the total leave which he has earned, he may be granted the balance later together with any further leave which he may then have earned:
Provided that, an employee does not at any one time take more than the maximum amount of leave specified in sub-by-law (1).
(5) An employee may have his leave commuted for cash at the discretion of the Authority upon proceeding on leave for at least 12 working days calculated at the rate of pay received by him on his last day of duty:
Provided that, commutation shall only be allowed once in a period of 12 months.
[By-law 42(5) am by by-law 9 of SI 90 of 1997.]
(6) An employee who is on leave shall continue to accrue leave days as if he was at work.
(7) Where an employee has been served with notice of termination of employment, he may only proceed on leave upon written permission of the Chief Executive.
43. Circumstances in which sick leave may be granted
(1) Sick leave may be granted to an employee—
(a) who is ill or injured, if his illness or injury is not caused by own negligence or misconduct;
(b) who has undergone dental treatment;
(c) who is on leave, if he is confined to his house or to hospital or some similar institution for a period of not less than 14 days, but only for the period during which he is so confined.
(2) Subject to the provision of sub-by-laws (3) and (4) an employee may be granted sick leave with pay or sick leave with half-pay or sick leave without pay.
(3) No employee may be granted leave, during the period of 2 years ending on the last day of the sick leave he applies for, more than a total of 184 days paid sick leave.
(4) ...
[By-law 43(4) rep by by-law 30 of SI 46 of 2019.]
(1) Sick leave for a period not exceeding three days may be granted to an employee by a Head of Department without the production of a medical certificate:
Provided that, a sick leave application form for approval by the Head of Department shall be submitted by the employee within 48 hours of his return to work.
(2) Sick leave—
(a) of more than three days and not exceeding a continuous period of 90 days; or
(b) which, together with sick leave previously granted to an employee in the period of 12 months ending on the last day of the sick leave applied for, does not exceed a total of 90 days;
may be granted by a Head of Department to an employee on production of a certificate of a registered medical practitioner or a registered dental surgeon or if the Head of Department or Chief Executive of the Authority so requires, of a certificate of the medical practitioner appointed by the Authority, stating that—
(i) the employee is unfit to discharge his duties; and
(ii) the period of leave applied for is necessary for the recovery of the employee's health.
(3) Notwithstanding the provisions of sub-by-law (2) but subject to sub-by-law (3) of by-law 43 a Head of Department may grant to an employee sick leave for any period recommended by a medical practitioner appointed by the Authority which is in excess of the period specified in sub-by-law (2), where the medical practitioner certifies, in writing, that the employee is likely to be able to resume duty after such further period of sick leave.
45. Further sick leave pending decision of medical practitioners
Notwithstanding receipt of a written opinion by the medical practitioner appointed by the Authority under sub-by-law (2) of by-law 44 to the effect that it is probable that an employee who is already on sick leave will not be able to resume duty at the end of any period of sick leave and should be discharged on grounds of ill health the Authority may, subject to the provisions of sub-by-law (3) of by-law 43, grant a further period of sick leave pending a decision on the findings of a majority of three medical practitioners of whom two shall be nominated by the Authority and one by the employee.
46. Grant of annual leave in lieu of sick leave
An employee who has exhausted his paid sick leave entitlement under sub-by-law (3) of by-law 43 may, if he wishes, apply for and be granted such annual leave, with pay, as he may have earned in lieu of unpaid sick leave.
47. Reporting of absence from duty
(1) If an employee is absent from duty because of illness or injury for a period which is likely to exceed 14 days or for a period the exact duration of which cannot be determined he shall within 14 days from the first day of his absence forward or cause to be forwarded to the head of department responsible for human resource of the Authority a duly completed certificate of absence in the form prescribed by the Authority.
[By-law 47(1) am by by-law 31(a) of SI 46 of 2019.]
(2) A Head of Department shall arrange for the completion and the forwarding of the certificate referred to in sub-by-law (1) if, owing to the serious nature of the employee’s illness and the absence of any member of his family, the employee has been unable to comply with the provisions of that sub-by-law.
(3) Where an employee is absent from duty for a period of three days the Head of Department shall report immediately such absence to the head of department responsible for human resource of the Authority.
[By-law 47(2) am by by-law 31(b) of SI 46 of 2019.]
48. Employee to submit to medical examination when required by the Authority
An employee shall submit himself for medical examination by a medical practitioner appointed by the Authority when so required by the Authority.
49. Leave for urgent personal reasons
(1) Subject to this by-law an employee who is not eligible for leave or is eligible for leave but considers that the leave due to him is insufficient, and who wishes to be absent from duty for urgent personal reasons may apply to his Head of Department for leave for urgent personal reasons giving full details of the circumstances involved.
(2) A Head of Department, with the approval of the Chief Executive may—
[By-law 49(2) am by by-law 10(a) of SI 90 of 1997.]
(a) grant paid leave for urgent personal reasons for a period not exceeding 90 days;
[By-law 49(2)(a) am by by-law 10(b) of SI 90 of 1997.]
(b) where he considers it necessary to grant further leave for urgent personal reasons which is in excess of that granted under paragraph (a), grant such further period of unpaid leave as he considers adequate for the purpose.
[By-law 49(2)(b) am by by-law 10(c) of SI 90 of 1997.]
(3) An employee shall be granted leave for urgent personal reasons if such leave is taken in conjunction with any annual leave that may be available to him.
(4) Leave for urgent personal reasons with pay granted to an employee under this by-law shall be deducted from annual leave accumulated by that employee after his return to duty and if he retires or resigns from, or is discharged by, the Authority before accumulating a period of annual leave equivalent to a period of leave so granted the pay paid to him in respect of that period of leave for urgent personal reasons shall be a debt due by him to the Authority.
(1) An employee may be granted special leave up to a maximum of 12 days in one calendar year by the head of department for reasons determined by the Authority.
[By-law 50(1) subs by by-law 32(a) of SI 46 of 2019.]
(2) The special leave granted to an employee in terms of sub-by-law (1) shall be granted with pay.
[By-law 50(2) subs by by-law 32(b) of SI 46 of 2019.]
(3) ...
[By-law 50(3) rep by by-law 32(b) of SI 46 of 2019.]
(1) The Authority may grant study leave to an employee for career related purposes.
(2) Study leave shall not be granted to an employee who has not completed the period of probation on first appointment.
[By-law 51 subs by by-law 33 of SI 46 of 2019.]
(1) The Authority shall pay terminal benefits due, to the deceased employee’s estate in addition to the benefits referred to in by-law 38.
[By-law 52(1) subs by by-law 34(a) of SI 46 of 2019.]
(2) ...
[By-law 52(2) rep by by-law 34(b) of SI 46 of 2019.]
(3) On the death of the employee, the employee’s spouse or dependant or biological or legal parent of the employee, the Authority shall provide a coffin, transport and a funeral grant as determined by the Authority.
[By-law 52(3) am by by-law 34(c) of SI 46 of 2019.]
53. Terminal benefits on grounds of ill health
(1) Subject to sub-by-law (2), an employee who has served for not less than six months and is discharged on grounds of ill health shall be paid—
(a) terminal benefits not exceeding 36 months of current monthly basic salary paid on the basis of either of the two formulae set out in the Fourth Schedule.
(2) An employee referred to in sub-by-law (1) who opts to go on leave and who shall reach retirement age before the expiry of the leave shall be granted—
(a) a period of annual leave which is necessary to enable the employee to attain the retirement age; and
(b) the cash equivalent of the balance of any leave as the employee may have earned.
[By-law 53 subs by by-law 35 of SI 46 of 2019.]
54. Leave benefits on retirement
Subject to by-law 42, an employee who retires from the service of the Authority, shall be paid cash equivalent of leave days earned by that employee, calculated using the following formula—
Basic pay plus housing allowance plus water and electricity allowances multiplied by 12 multiplied by the number of leave days earned divided by 250.
[By-law 54 subs by by-law 36 of SI 46 of 2019.]
55. Leave benefits on resignation
Subject to by-law 42, an employee who resigns from the service of the Authority shall be paid the cash equivalent of the leave days earned by that employee, calculated using the following formula—
Basic pay plus housing allowance plus water and electricity allowances multiplied by 12 multiplied by the number of leave days earned divided by 250.
[By-law 55 subs by by-law 37 of SI 46 of 2019.]
56. Leave benefits on termination
An employee who—
(a) is dismissed on grounds of misconduct;
(b) resigns or is called upon to resign in order to avoid dismissal on grounds of misconduct; or
(c) is dismissed because he fails to perform his work in an efficient and competent manner;
shall be granted annual leave or the cash equivalent of annual leave accrued on leaving the service calculated at the rate of pay received by him on his last day of duty.
[By-law 56 am by by-law 12 of SI 90 of 1997.]
An employee shall apply for any type of leave in the Form set out in the Fifth Schedule.
[By-law 57 subs by by-law 38 of SI 46 of 2019.]
58. Notice of the grant of leave
A head of department shall ensure, by monthly return that the head of department responsible for human resource is notified of the grant of any leave to an employee.
[By-law 58 subs by by-law 39 of SI 46 of 2019.]
59. Failure to resume duty after leave
A head of department shall report, without delay to the head of department responsible for human resource the failure by an employee to resume duty on expiry of that employee’s leave.
[By-law 59 subs by by-law 40 of SI 46 of 2019.]
60. Resumption of duty before expiry of leave
(1) An employee who was granted leave shall not return to duty before the expiry of that leave without being called, in writing, by the head of department.
(2) If an employee to whom annual leave was granted returns to duty in accordance with sub-by-law (1), that employee shall be allowed to utilise the balance of the annual leave days originally granted but not utilised.
[By-law 60 subs by by-law 41 of SI 46 of 2019.]
An employee may be granted unpaid leave by the Authority for any justifiable reason.
[By-law 60A ins by by-law 42 of SI 46 of 2019.]
A female employee shall be granted a day off once every month and the day shall not accrue to the employee if not taken in a particular month.
[By-law 60B ins by by-law 42 of SI 46 of 2019.]
(1) A female employee who is pregnant and has served the Authority for 12 months shall be granted maternity leave not exceeding 98 days commencing not more than 45 days before the expected date of delivery.
(2) Maternity leave shall be granted only once in a period of 24 months.
(3) Maternity leave granted to an employee in terms of sub-by-law (1) shall be granted with pay.
(4) The maternity leave under sub-by-law (1) shall, in the case of a multiple birth be extended for a further period of four weeks.
[By-law 60C ins by by-law 42 of SI 46 of 2019.]
A male employee whose registered spouse has given birth shall be granted paternity leave not exceeding seven working days.
[By-law 60D ins by by-law 42 of SI 46 of 2019.]
PART IV
EMPLOYEES RETAINED FROM CENTRAL AFRICAN POWER CORPORATION
61. Former conditions of service
Notwithstanding the revocation of the Central African Power Corporation Conditions of Service Rules, any matter relating to the service of an employee with the Central African Power Corporation and with the Authority before 1989, shall be determined in accordance with the Central African Power Corporation Conditions of Service Rules and any other relevant rules then in force.
[By-law 62 rep by by-law 43 of SI 46 of 2019.]
63. Revocation of SI 1 of 1989
The Zambezi River Authority Terms and Conditions of Service By-Laws, 1989 are hereby revoked.
[By-law 11]
[First Sch subs by by-law 44 of SI 46 of 2019.]
CLASSIFICATION OF ACTS OF MISCONDUCT
(1) Minor Acts of Misconduct
(a) Absenteeism is failing to report for duty for a continuous period of three days without permission or valid reason;
(b) Poor Time Keeping is not being at one’s place of work at the stipulated time without authority and includes the following—
(i) reporting late for duty without permission or valid reason;
(ii) leaving work early or stopping work before normal stopping time; or
(iii) having extended breaks;
(c) Negligence is failure to exercise proper care and attention in the discharge of duties to the extent that tasks have to be repeated or equipment or persons are at risk of damage or injury;
(d) Inefficiency is being unable to do one’s work within stipulated timelines;
(e) Sleeping on Duty is habitually dosing while on duty during normal working hours;
(f) Absence from Specific Place of Duty is wandering from work station without permission or reasonable excuse when one is expected to be present at his place of duty;
(g) Use of Abusive or Insulting Language is using threatening, demeaning, obscene or offending language which ridicules or shows contempt for another and is likely to provoke physical violence;
(h) Discreditable Conduct is indulging in rough and unruly behaviour, being rude, discourteous, impolite or disrespectful to any employee at the place of work or any member of the public with whom the Authority has dealings; and
(i) Misuse of Authority Time is doing private business during working hours.
(2) Serious Acts of Misconduct
(a) Absenteeism is failing to report for duty for a continuous period of four to nine days without permission or valid reason;
(b) Violation of Safety Rules is disobeying or disregarding safety rules and regulations as prescribed by the Authority;
(c) Insubordination is openly defying, by word or conduct, the authority of any supervisor, senior local official, Head of Department, Chief Executive or the Board;
(d) Taking Intoxicating Liquor or Abusing of Substances is consumption of intoxicating liquor or abuse of substances at the place of work during normal working hours except where the consumption of intoxicating liquor is authorised by the Authority;
(e) Intoxication is being under the influence of liquor or abuse of drugs;
(f) Inciting Disaffection is urging, instigating or stirring up hatred or ill-feeling or discontent at the place of work, between or among employees or between employees and Management;
(g) Intimidation is preventing, obstructing or hindering, through threats, fellow employees from performing their duties or using unlawful means to compel fellow employees to act or to refrain from acting against their will;
(h) Malicious Conduct is behaving in a manner which is motivated by wrongful or mischievous intent which brings or is likely to bring the name of the Authority into disrepute or to tarnish the image of the Authority;
(i) Loss of Property is wilfully or negligently losing or causing the loss of property belonging to the Authority which is entrusted in the employee’s care or custody or is made available for his use in the performance of his work;
(j) Issuing Unauthorised Press Statements is making, publishing or causing to be published unauthorised press statements regarding matters pertaining to the Authority;
(k) Incompetence is producing unsatisfactory work in relation to meeting the performance targets for two consecutive performance assessment periods;
(l) Breach of Confidentiality is the disclosing of classified or confidential information relating to the affairs of the Authority to an unauthorised person;
(m) Falsification of Information is giving false information or recording or causing to be recorded therein false or misleading information which is prejudicial to the Authority;
(n) Giving False Evidence is deliberately giving untrue or incorrect information whether orally or in writing during any investigation or at any inquiry or hearing relating to the operations of the Authority;
(o) Refusal to Give Evidence is refusing without valid reason, to give evidence during any investigation or at any inquiry or hearing relating to the operations of the Authority;
(p) Refusal to Perform Emergency or Extra Work is failing without reasonable excuse to place one’s time at the disposal of the Authority after normal hours of work when required to do so;
(q) Permitting Unauthorised Use of Authority Property is allowing or causing an unauthorised person to make use of Authority property or property which is in the possession of the Authority;
(r) Failure to Account is being unable to provide evidence or satisfactory explanation for property or monies belonging to the Authority or in its lawful possession, in respect of which it was one’s duty to look after or safeguard;
(s) Failure to Wear Protective Clothing, Uniform or Equipment is failing to wear protective clothing, uniform and equipment as prescribed by the Authority;
(t) Neglect of Duty is failure to perform one’s job at all, or half performs it, or abandons it, or does not care whether that job is done or not or engages oneself in other unauthorised activities during working hours;
(u) Sexual Harassment is—
(i) sexually harassing an employee or prospective employee by demanding any sexual favour as a condition of—
(a) the recruitment for employment;
(b) the creation, classification or abolition of jobs or posts; or
(c) the improvement of the remuneration or other conditions of employment of the employee;
(d) the choice of persons for jobs or posts, training, advancement, apprenticeships, transfers, promotion or retrenchments;
(e) the provision of facilities related to or connected with employment; or
(f) any other matter related to employment;
(ii) sexually harassing an employee or other person at the place of work or during the course of business such as—
(a) making unwanted sexual advances, inappropriate and unwanted gestures or suggestions or hints of a sexual nature; or
(b) engaging in unwelcome physical or verbal conduct of a sexual nature that denigrates or ridicules or is intimidatory or is generally abusive of such employee or other person because of that person’s sex.
(v) Failure to Follow Established Channels is failing, or refusing to follow established channels, procedures regulations, written down instructions or rules or laid down policies; and
(w) Damaging Property is handling the Authority property recklessly and without care as to whether that property will be damaged or destroyed.
(3) Gross Acts of Misconduct
(a) Absenteeism is failing to report for duty for a continuous period of 10 days or more without permission or valid reason;
(b) Refusing to Work is refusing to perform any work or duty lawfully and properly assigned by an immediate superior, appropriate senior local official, the Chief Executive or the Board which one is bound to perform and which is part of or incidental to the job one is employed to do;
(c) Riotous Behaviour is engaging in or inciting a group of persons to engage in violent behaviour;
(d) Fighting is an exchange of blows between two or more employees usually following a challenge by one to the other or others at a work place;
(e) Assault is where an employee by acts, gestures or words causes another person reasonable fear of the infliction of physical violence to that person’s body or directly or indirectly applies force to that person at the place of work;
(f) Damaging Property is wilfully and without necessity or justification causing damage to Authority property or destroying it;
(g) Misappropriation of Authority Property is unlawfully taking Authority property or property in the possession of the Authority with the intention of permanently depriving the Authority of the use of that property;
(h) Misuse of Authority Property is using Authority property for unauthorised purposes or removing the same from Authority premises for use for private purposes without authority or permission;
(i) Conflict of Interest is failure to carry out the obligations imposed on a person by by-law 12 of the Authority’s Terms and Conditions of Service By-Laws, 1995;
(j) False Claim is making a fraudulent claim against the Authority;
(k) Falsification of Qualifications is giving false or misleading information before, on and after appointment to a post within the Authority on one’s educational qualifications, professional qualifications, work experience or other personal details;
(l) Corruption is soliciting, accepting or receiving any bribe, secret commission, reward or favour, in connection with the discharge of duties, from any person with whom an employee conducts or is likely to conduct the business of the Authority;
(m) Criminal Conviction is being convicted of any criminal offence and being sentenced to a term of imprisonment without the option of a fine;
(n) Sabotage is deliberately inflicting harm or damage to any machinery, materials, equipment, property or other goods with the intention of disrupting the normal course of business and thereby causing loss and damage to the Authority; and
(o) Unlawful Industrial Action is participating or inciting any employee to participate in an unlawful industrial action e.g. collective job action, against the Authority.
[By-law 17]
[Second Sch subs by by-law 44 of SI 46 of 2019.]
FORMULA FOR CALCULATING OVERTIME
1. Over time
Overtime shall be calculated at the following rates—
(a) Monday to Saturday shall be paid at one and half times the normal rate;
(b) where an employee is required to work on a Sunday or a public holiday, the employee shall be paid overtime at double the normal rate for the hours worked; and
(c) overtime shall only be paid for a period exceeding 30 minutes for each day.
2. For the purposes of this by-law, "normal rate" is BP multiplied by NHW divided by TNHM where BP is basic pay, NHW is number of hours worked and TNHM is total number of hours per month.
[By-law 41]
[Third Sch ins by by-law 44 of SI 46 of 2019; am by by-law 2 of SI 58 of 2022.]
CLASSIFICATIONS OF EMPLOYEES’ JOB TITLES, GRADES, CATEGORIES AND LEAVE DAYS
Job Title | Grade | Number of Positions Per Grade | Employee Category | Leave Days |
PART A | ||||
Chief Executive | ZRA 1 | 1 | Executive Management | 48 |
Board Secretary/Corporate Services | ZRA 2 | 4 | Executive Management | 48 |
Director |
||||
Director - Finance |
||||
Director - Projects and Dam |
||||
Management Services |
||||
Director - Water Resources and Environmental Management |
||||
PART B | ||||
Senior Manager - Water Resources and Environmental Management | ZRA 3 | 6 | Senior Management | 42 |
Senior Manager - Projects |
||||
Chief Internal Auditor |
||||
Legal Counsel |
||||
Senior Manager - Human Resource and Administration |
||||
Senior Manager - Dam Management Services |
||||
Manager - Information Communication Technology | ZRA 4 | 20 | Middle Management | 42 |
Manager - Public Relations and Communications |
||||
Dam Safety Monitoring Engineer |
||||
Dam Maintenance Engineer |
||||
Hydrologist |
||||
Manager - Environmental Services |
||||
Manager - Procurement Projects Coordinator |
||||
Manager - Finance and Administration |
||||
Management Accountant |
||||
Designs Engineer |
||||
Contracts Engineer |
||||
Scheduling and Planning Engineer |
||||
Financial Accountant |
||||
Manager - Environment |
||||
Project Manager - Batoka Gorge |
||||
Hydro |
||||
Kariba Dam Rehabilitation Project |
||||
Project Manager - Batoka Gorge |
||||
Hydro-Electric Scheme |
||||
Projects Engineer - Mechanical |
||||
Projects Engineer - Civil |
||||
Projects Engineer - Electrical |
||||
PART C | ||||
Accounts Officer - Projects Water Resources Officer | ZRA 5 | 21 | Lower Management | 36 |
Legal Officer |
||||
Dam Maintenance Officer |
||||
Pollution and Environmental Officer |
||||
Dam Safety Monitoring Officer |
||||
Internal Auditor Human Resource & Administration |
||||
Officer X 2 |
||||
Safety, Health and Environmental Officer (3) |
||||
Contracts Management Specialist (4) |
||||
Project Planning Officer (2) |
||||
Quality and Risk Officer (2) |
||||
Stakeholder Relations Officer |
||||
Project Accountant |
||||
Executive Assistant | ZRA 6 | 16 | Non-Managerial | 36 |
Draughtsperson |
||||
Pollution and Monitoring Technician |
||||
Dam Maintenance Civil Foreperson |
||||
Telemetry Technician |
||||
Dam Safety Monitoring Technician |
||||
Hydrology Technician - Data Processing |
||||
Hydrology Technician - Data Capturing |
||||
Procurement Officer X 2 |
||||
Public Relations and Communications Officer |
||||
Information Communication Technology Technician X 5 |
||||
Civil Technician X 2 |
||||
Accounts Officer |
||||
PART D | ||||
Personal Assistant X 4 | ZRA 7 | 23 | Non-Managerial | 30 |
Artisan - Mechanical |
||||
Artisan - Electrical |
||||
Dam Safety Monitoring Assistant X 3 |
||||
Administrative Assistant X 2 |
||||
Artisan - General Maintenance |
||||
Artisan - Dam Maintenance Automotive Mechanic |
||||
Procurement Assistant X 2 |
||||
Accounts Assistant - Payments |
||||
Accounts Assistant - Payroll |
||||
Accounts Assistant X 2 |
||||
Houseboat Captain |
||||
Projects Assistant (2) |
||||
Accounts Data Operator | ZRA 8 | 10 | Non-Managerial | 30 |
Accounts Clerk X 2 |
||||
Artisan Assistant X 3 |
||||
Automotive Mechanic Assistant |
||||
Drawing Office Assistant X 2 |
||||
Records Supervisor |
||||
Procurement Clerk | ZRA 9 | 30 | Non-Managerial | 30 |
Receptionist/Switchboard Operator/Typist X 2 |
||||
Registry Clerk X 2 |
||||
Dam Maintenance Assistant |
||||
Electrical Assistant X 3 |
||||
Mechanical Assistant X 3 |
||||
Carpenter |
||||
Plumber |
||||
Hydrology Data Clerk |
||||
Driver X 9 |
||||
Stores Clerk |
||||
Painter X 3 |
||||
Bricklayer X 2 |
||||
Dam Safety Monitoring Attendant X 4 | ZRA 10 | 34 | Non-Managerial | 30 |
Housing Attendant |
||||
Stores Attendant |
||||
Dam Maintenance Attendant X 6 |
||||
General Maintenance Attendant X 2 |
||||
Electrical Attendant |
||||
Mechanical Attendant X 2 |
||||
Water Resources & Hydrology Attendant |
||||
Gauge Reader X 13 |
||||
Motor Vehicle Workshop |
||||
Messenger X 7 | ZRA 11 | 19 | Non-Managerial | 30 |
General Worker X 12 |
[By-law 53(1)]
[Fourth Sch ins by by-law 44 of SI 46 of 2019.]
FORMULA FOR TERMINAL BENEFITS ON GROUNDS OF ILL-HEALTH
(i) monthly basic pay multiplied by two multiplied by the number of years of service; or
(ii) monthly basic pay multiplied by the number of months remaining before attaining normal retirement age; or
(iii) the cash equivalent of annual leave that the employee may have earned calculated at the rate determined by the Authority at the time of termination of employment.
[By-law 57]
[Fifth Sch ins by by-law 44 of SI 46 of 2019.]
LEAVE APPLICATION FORM
(To be submitted in triplicate)
1. Employee Details |
|||||||
Full names: ............................................................................................................................ |
|||||||
Department: ……..………………........................….………..................………........................... |
|||||||
Position: ....................................................................... Grade: ............................................. |
|||||||
Address while on leave: .......................................................................................................... |
|||||||
Contact Number: ..............................................................................................…...........…… |
|||||||
2. Leave Details |
|||||||
Type of leave applied for: (Place an (x) in the appropriate space) (Applications for SICK LEAVE must be accompanied by a certificate from a Registered Medical Practitioner or Dentist) |
|||||||
1. ANNUAL | 4. LEAVE WITHOUT PAY | 7. SPECIAL | |||||
2. SICK | 5. MATERNITY | 8. OTHER | |||||
3. STUDY | 6. COMMUTATION | ||||||
I apply for ……....... days leave from …….........……. to .....…............. both dates inclusive. |
|||||||
The reasons for leave under 4 and 6 are that .............................................................................. |
|||||||
I wish to be availed commutation of leave pay on ............................. 20......... |
|||||||
Date: ................................ | Signature of Applicant: .................................. |
||||||
3. Comments by Sectional Head: |
|||||||
................................................................................................................................................ |
|||||||
Date: .......................................... Head of Section: .......................................... |
|||||||
4. Leave Computation by the Human Resource & Administration Section: |
|||||||
Date: ………………… |
|||||||
Leave accrued as at the date of application: = …………w/days |
|||||||
LESS leave applied for herewith: = …………w/days |
|||||||
Residual leave balance: = …………w/days |
|||||||
Date: ................................ | Signature: .................................... |
||||||
5. Leave Computation by the Human Resource & Administration Section: |
|||||||
Approved/not approved, leave commencing on ………………………………… |
|||||||
Chief Executive/Board Secretary/Corporate Services Director/Head of Department or his/her Delegate: |
|||||||
Date: .................................. | Signature: .......................... |
ZAMBEZI RIVER AUTHORITY (WATER TARIFFS) BY-LAWS
[Article 10]
Arrangement of By-laws
By-law
1. Title
2. Interpretation
3. Water tariff
4. Formula for water tariff
5. Incentive for efficient utilisation of water
6. Penalty for inefficient utilisation of water
SI 109 of 1999.
These By-laws may be cited as the Zambezi River Authority (Water Tariffs) By-laws.
In these By-laws unless the context otherwise requires—
"utility" means the ZESCO Limited or the Zimbabwe Electricity Supply.
A utility shall pay a water tariff as calculated under by-law 4.
The water tariff shall be Y = aX + b, where—
(a) "Y" represents the annual revenue in dollars;
(b) "a" represents the tariff for the year in dollars per cubic metres contained in the water purchase agreement between Zambezi River Authority and the utilities;
(c) "X" represents the volume of water used for generation of electricity in cubic metres; and
(d) "b" represents the fixed charge in dollars.
5. Incentive for efficient utilisation of water
A utility that under-utilises its annual water allocation shall be entitled to a benefit to be agreed upon by the Authority and the utilities.
6. Penalty for inefficient utilisation of water
A utility that over-utilises its annual water allocation shall pay a penalty to be agreed upon between the Authority and the utilities.
ZAMBEZI RIVER AUTHORITY (KARIBA DAM WALL) BY-LAWS
[Article 10(1)]
[Re-denominate the currency as stipulated under S 4 of Re-denomination Act, 8 of 2012, read with Bank of Zambia Act, 43 of 1996.]
Arrangement of By-laws
By-law
1. Title
2. Interpretation
3. Imposition of fee
SI 115 of 2009,
SI 32 of 2012,
SI 73 of 2012.
These By-Laws may be cited as the Zambezi River Authority (Kariba Dam Wall) By-Laws.
In these By-Laws, unless the context otherwise requires—
"abnormal load" means a load which by its nature is indivisible and whose dimensions exceed the authorised dimensions of a motor vehicle or trailer which it is to be loaded and whose weight when loaded onto the motor vehicle or trailer may or may not cause the motor vehicle or trailer to exceed the prescribed maximum laden weight, or maximum axle weight;
[Ins by by-law 2(c) of SI 73 of 2012.]
"authority" means the Zambezi River Authority;
"bus" means a public service vehicle, other than a hire car and a taxi cab, hired for conveying passengers for reward, whether at separate fares or otherwise;
[Ins by by-law 2(c) of SI 73 of 2012.]
"fee" means the fee payable for the use of the Kariba Dam Wall;
"heavy motor vehicle" means a vehicle whose gross mass is above three times tonnes but does not exceed 56 tonnes with an axle load of not more than 11 tonnes per axle;
[Subs by by-law 2(a) of SI 73 of 2012.]
"light motor-vehicle" means a vehicle whose gross mass does not exceed three tonnes;
"Kariba Dam Wall" means the wall constructed by the governments of the Republics of Zambia and Zimbabwe across the Zambezi River between the Zambian and Zimbabwean boarder posts and maintained by the Zambezi River Authority; and
"owner" includes a person in possession of a heavy motor vehicle, a light motor vehicle, a bus or a vehicle carrying an abnormal load.
[Subs by by-law 2(b) of SI 73 of 2012.]
An owner of a light motor vehicle, heavy motor vehicle, vehicle carrying an abnormal load or a bus, who uses the Kariba Dam Wall shall pay to the Authority the fee specified in the Schedule.
[By-law 3 subs by by-law 2 of SI 32 of 2012.]
[By-law 3]
[Sch subs by by-law 3 of SI 32 of 2012.]
PRESCRIBED FEES
Vehicle | Fee (US$ or Kwacha equivalent at ruling bank rate) |
1. Light motor vehicle | 1.00 |
2. Bus | 5.00 |
3. Heavy motor vehicle | 30.00 |
4. Vehicle carrying an abnormal load | 50.00 |