NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Narcotic Drugs and Psychotropic Substances (Drug Enforcement Commission) (Staff) Rules
Narcotic Drugs and Psychotropic Substances (Trafficking) Regulations
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (DRUG ENFORCEMENT COMMISSION) (STAFF) RULES
[Section 7(1)]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Rules
Rule
PART I
PRELIMINARY
1. Title
2. Interpretation
3. Application
PART II
STAFF BOARD
4. Establishment of Staff Board
5. Functions of the Board
6. Special consideration
PART III
SPECIAL AGENTS
7. Appointment of special agents
8. Impersonation and procurement of special agent
9. Duties of a special agent
10. Controlled delivery investigation
PART IV
CONDUCT AND DISCIPLINE
11. Disclosure of commission secrets
12. Offences against discipline
13. Effect of criminal offences by commission officers
14. Punishment for disciplinary offences
PART V
GENERAL
15. Command structure
16. Operational departments and units
17. Appeals
18. Application of General Orders, etc.
SI 51 of 1994.
[Rules by the Commissioner]
PART I
PRELIMINARY
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These Rules may be cited as the Narcotic Drugs and Psychotropic Substances (Drug Enforcement Commission) (Staff) Rules.
In these Rules, unless the context otherwise requires–
"command structure" means the command structure set out in rule 15;
"disciplinary authority" means the Commissioner;
"officer" means support staff and a person appointed under subsection (1) of section 4 of the First Schedule to the Act.
"responsible officer" means the Commissioner;
"board" means the Staff Board established by rule 4.
These Rules apply to all officers except the Commissioner and the Deputy Commissioner.
PART II
STAFF BOARD
4. Establishment of Staff Board
(1) There is hereby established for the Commission a Staff Board, which shall consist of a Chairman, a Secretary and four other members as the Commissioner may appoint.
(2) The members of the Board shall be appointed by the Commissioner and shall hold the office of member for a period of one year.
(1) The functions of the Board shall be to–
(a) advise the Commissioner on matters relating to recruitment, appointment and termination of appointment, promotion, resignation, transfer, discipline and welfare of an officer in the Commission;
(b) advise the Commissioner on the proper usage of transport and other resources in the Commission;
(c) examine the security of the officers of the Commission and recommend appropriate security measures for consideration and implementation by the command; and
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(d) consider any such matter as may be referred to it by the Commissioner.
(2) Where the Commissioner is advised by the Board in accordance with paragraphs (a) and (b) of sub-rule (1), he is not under a duty to act, and give reasons for not acting, in accordance with that advice.
(3) The Commissioner may vary a decision, an advice or a recommendation of the Board in the interest of the well being of the Commission.
(1) In exercising its functions under paragraph (a) of sub-rule (1) of Rule 5 the Board shall have regard to the maintenance of highest standard of discipline and efficiency required in the Commission and shall–
(a) in matters relating to recruitment, appointment and termination of appointment and promotion of an officer give due consideration to the length of service of an officer in the Commission, the qualifications and experience of an officer, and merit;
(b) in matters relating to discipline of an officer, give due consideration to the seniority of an officer.
(2) Where the Commissioner is satisfied that no officer with the necessary requisite qualifications is available within the Commission to fill a vacant post which requires special qualifications, the Commissioner may recruit or appoint such person from outside the Commission as the Commissioner considers fit.
PART III
SPECIAL AGENTS
7. Appointment of special agents
(1) The Commissioner may appoint such number of persons as may be necessary for the performance of the functions of the Commission to be special agents.
(2) The Commissioner shall issue an identity card to a person appointed under sub-regulation (1) and that identity card shall, unless the contrary is proved, be prima facie evidence of that person's appointment as a special agent.
(3) A special agent may, whenever it is necessary for the performance of functions of a special agent under these Rules produce the identity card referred to in sub-regulation (2) to the person the special agent is dealing with.
(4) A special agent appointed under sub-rule (1) shall have the same powers of arrest as those held by a citizen or resident of Zambia and while acting in an under-cover capacity, the special agent's testimony shall be admissible in evidence in any court proceedings under the Act.
(5) A special agent shall on appointment, but before assuming the duties of his office, take the oath of secrecy before the responsible officer.
(6) A special agent may receive such reward as the Commissioner may deem appropriate as appreciation for services rendered, and such reward shall be out of the investigation fund held by the Commission.
8. Impersonation and procurement of special agent
A person shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding K50,000,00 or imprisonment for a period not exceeding five years or, to both, if he causes another person to believe that–
(a) he is a special agent or has any of the powers of a special agent under these Rules or under any authorisation or warrant issued under the Act; or
(b) he is able to procure a special agent to do, or refrain from doing anything in connection with his duties under the Act or these Rules.
(1) The duties of a special agent are–
(a) to report to the Commissioner any suspected violations of the Act;
(b) to assist the Commission in the arrest and prosecution of offenders under the Act; and
(c) to perform such other duties relating to the proper carrying out of the provisions of the Act as the Commissioner may assign to the special agent.
(2) A special agent shall not be regarded as an accomplice in any court proceedings while the special agent is carrying out duties in an under-cover capacity.
10. Controlled delivery investigation
The Commissioner may authorise a special agent to carry out controlled delivery investigations within or outside Zambia for the sole purpose of discovering the authors of an offence under the Act.
PART IV
CONDUCT AND DISCIPLINE
11. Disclosure of commission secrets
(1) No officer of the Commission, special agent or any other person shall publish or disclose to any unauthorised person, otherwise than in the exercise of his official functions or duties, the contents of any document, report, communication, or information whatsoever which has come to his notice in the course of his duties in the Commission.
(2) The provisions of General Orders 69 (a) to 76 of the 1990 edition shall apply to officers of the Commission, including special agents recruited or appointed under these Rules.
(3) Any officer of the Commission who contravenes sub-rule (1) or (2) shall be deemed to have committed an offence under the State Security Act, and accordingly, shall be guilty of gross or discreditable conduct for which that officer may be dismissed or prosecuted before a court of law.
12. Offences against discipline
(1) An officer, or a special agent commits an offence against discipline, if he indulges himself in any of the following–
(a) disobedience to orders, that is to say, disobeying, or without good and sufficient cause, omitting or neglecting to carry out, a lawful order written or otherwise;
(b) insubordination in word, act, or demeanour, that is to say, insulting or using abusive language to an officer senior in rank;
(c) neglect of duty;
(d) discreditable conduct, that is to say, conduct that tends to tarnish the image and integrity of the Commission;
(e) falsehood, that is to say, if the officer–
(i) knowingly makes or signs a false report to mislead Command or the Government; or
(ii) without good and sufficient cause destroys or mutilates any official document, record or report.
(f) breach of confidence, that is to say, if the officer–
(i) divulges information or any matter which it is his duty to keep secret;
(ii) gives notice directly or indirectly to any person under investigation that he is about to be searched, arrested or interviewed;
(iii) without authority communicates to the press or any unauthorised person any matter concerning the Commission;
(iv) makes or joins in making any anonymous communication to Government, Command or against the Commission on any matter without following the right channels of communication;
(g) drunkenness, that is to say, if the officer while on, or off, duty is unfit for duty as a result of consumption of liquor or abuse of drugs;
(h) engaging, without authority, in any employment or office other than his duties with the Commission;
(i) absence from duty without leave or permission, for a period of ten days or more;
(j) signing or circulating any petition or statement on any matter relating to the Commission;
(k) damaging Commission property whether through carelessness, accident, waste or through neglect of duty;
(l) losing exhibits;
(m) misusing operational funds or transport;
(n) conniving at, or knowingly being an accessory to, an offence against discipline under these Rules.
(2) A disciplinary offence which has not been specifically stated in these Rules, shall be covered by General Orders applicable to the Civil Service.
13. Effect of criminal offences by commission officers
(1) The Commissioner shall terminate the appointment of an officer, or special agent who has been convicted of a criminal offence or any offence under the Act.
(2) Where the Commissioner terminates an officer's appointment as a result of conviction, but the officer is acquitted on appeal, the Commissioner shall reinstate that officer and surrender him to the Establishment Division for re-deployment in the Civil Service.
14. Punishment for disciplinary offences
(1) The Commission may impose any of the following punishments on an officer or a special agent who commits a disciplinary offence under these Rules–
(a) dismissal or retirement in the public interest;
(b) termination of appointment or discharge;
(c) reduction in rank;
(d) severe reprimand;
(e) reprimand; or
(f) admonishment.
(2) Where the Commissioner has acted in accordance with sub-rule (1) or has acted in accordance with sub-rule (1) of Rule 14, the Commissioner shall inform the Permanent Secretary, Establishment Division for his record.
PART V
GENERAL
The command structure of the Commission shall consist of the–
(a) Commissioner;
(b) Deputy Commissioner;
(c) Senior Assistant Commissioner; and
(d) Head, National Education Campaign Division.
16. Operational departments and units
The Commissioner may establish such number of operational departments and units as may be necessary for the efficient performance of the functions of the Commission.
(1) An officer who is aggrieved with a decision made by the Commissioner under Rule 14 may appeal to the Permanent Secretary, Establishment Division within fourteen days of the Commissioner's decision.
18. Application of General Orders, etc.
Any administrative matter not specifically mentioned or dealt with in these Rules, shall be dealt with in accordance with the General Orders or the Financial Regulations of the Government.
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (TRAFFICKING) REGULATIONS
[Section 2]
[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]
Arrangement of Regulations
Regulation
1. Title
2. Declaration of Trafficking in Narcotic Drugs and Psychotropic Substances
SI 84 of 1994,
SI 119 of 1995.
[Regulations by the President]
These Regulations may be cited as the Narcotic Drugs and Psychotropic Substances (Trafficking) Regulations.
2. Declaration of Trafficking in Narcotic Drugs and Psychotropic Substances
Any person found in possession of Narcotic Drugs or Psychotropic Substances in quantities set out in the Schedule to these Regulations shall be guilty of the offence of drug trafficking and shall be liable upon conviction to a term of imprisonment prescribed in the Act.
[Regulation 2]
Narcotic drug or psychotropic substance
Minimum amount
Tablets and powders
0.5 gm
Liquids
2.5 gm or ml
For products of Cannabis sativa
Cannabis oil or hashish oil
2.50 ml
Any other cannabis product containing detectable quantities of Delta – 9 – Tetrahydrocannabinol (T.H.C.)
Solids
0.50 gm
Liquids
2.50 ml
[Am by SI 119 of 1995.]
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