CHAPTER 154
ZAMBIA NATIONAL BROADCASTING CORPORATION ACT
Arrangement of Sections
Section
PART I
PRELIMINARY
1. Short title
2. Interpretation
PART II
ZAMBIA NATIONAL BROADCASTING CORPORATION
3. Establishment of Corporation
4. Constitution of Board of Directors
4A. Repealed
5. Tenure of office and vacancy
6. Director to declare connection
7. Functions of Corporation
8. Powers of Corporation
9. Committees of Board
10. Proceedings of Board
11. Transaction of business of an urgent nature
12. Validity of Board’s decisions
13. Contracts and instruments
14. Seal of Board
15. Disclosure of interest
16. Immunity of members
17. Appointment of Director-General and other staff
PART III
FINANCIAL PROVISIONS
18. Establishment and operation of general fund
19. Establishment and operation of general reserve account
20. Charges to revenue account of Corporation and investment of money in sinking funds
21. Funds of Corporation
22. Accounts
23. Appointment of auditors
24. Annual report
PART IV
[REPEALED]
[Part IV (ss 25 to 31) repealed .]
AN ACT
to provide for the establishment of the Zambia National Broadcasting Corporation; to define the functions and powers of the corporation; to provide generally for the control and regulation of broadcasting and diffusion services; and to provide for matters connected with or incidential to the foregoing.
[24th April, 1987]
Act 16 of 1987,
Act 13 of 1994,
Act 20 of 2002,
Act 16 of 2010,
Act 17 of 2017*.
PART I
PRELIMINARY
This Act may be cited as the Zambia National Broadcasting Corporation Act.
In this Act, unless the context otherwise requires—
...
[“accommodation establishment” rep by s 2 of Act 17 of 2017.]
…
[“appointments committee” rep by s 2(a) of Act 16 of 2010.]
“Board” means the Board of Directors of the Corporation established by section 4;
“broadcaster” means the Corporation;
[Subs by s 2(c) of Act 20 of 2002.]
“broadcasting service” means a radiocommunication service for reception by members of the general public and the word “broadcast” shall be construed accordingly;
“Corporation” means the Zambia National Broadcasting Corporation established by section 3;
“dealer” means—
(a) a person who carries on a trade, business or industry in which receivers are assembled, manufactured, imported, bought, sold, exchanged, or offered or exposed for sale or exchange; or
(b) an auctioneer of television receivers; and cognate expressions shall be construed by reference, inter alia, to transactions or operations such as are carried on by persons referred to in paragraph (a);
[Subs by s 2(d) of Act 20 of 2002.]
“diffusion service” means—
(a) the dissemination by means of wires, otherwise than within the precincts of a single private residence, of the whole or any part of a broadcasting service; or
(b) the dissemination of music or speech by means of wires connecting two or more loudspeakers which—
(i) are installed in a specific building or within the precincts of a specified building; or
(ii) are permanently fixed, otherwise than within a single specified building, in a motor vehicle, aircraft, ship or railway train, for purposes not ancillary or incidental to or connected with any exhibition, performance, including a performance by a circus, contest, game or sport, such as—
A. the running of any horse race; or like; or
B. the holding of any concert or the production of any play, opera, ballet, pageant; or
C. the showing of cinematograph film; or
D. the holding of any agricultural, horticultural, industrial or commercial show or any dance, cabaret, garden party, fete, fair, gymkhana or the like; and “diffuse” shall be construed accordingly;
“director” means a member of the Board and includes the Chairperson and the Vice-Chairperson;
...
[“household” rep by s 2 of Act 17 of 2017.]
“inspector” means an inspector of the Corporation appointed under section 26;
[Am by s 2(b) of Act 20 of 2002.]
“listener” means a person who has in his possession a receiver otherwise than as—
(a) a broadcaster; or
(b) a dealer; or
(c) an operator of a diffusion service; or
(d) a police officer or a member of the Defence Force acting in the course of his duty;
“radiocommunication service” means the transmission of writing, signs, signals, pictures and sounds of all descriptions whatsoever, wholly or partly by means of electromagnetic waves of frequences between ten kilohertz and three million megahertz;
...
[“receiver” rep by s 2 of Act 17 of 2017.]
“specified building” means a building used for industrial purposes or such other purposes as the Minister may, by statutory notice, specify;
...
[“Telecommunications Corporation” rep by s 2(a) of Act 16 of 2010.]
...
[“television tuner” rep by s 2 of Act 17 of 2017.]
PART II
ZAMBIA NATIONAL BROADCASTING CORPORATION
3. Establishment of Corporation
There is hereby established the Zambia National Broadcasting Corporation, which shall be a body corporate with perpetual succession and a common seal, capable of sueing and of being sued in its corporate name and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform and as are necessary for, or incidental to, the carrying out of its functions and powers as set out in this Act.
4. Constitution of Board of Directors
(1) There is hereby constituted the Zambia National Broadcasting Corporation Board which sall, subject to the provisions of this Act, perform the functions of the Corporation under this Act.
(2) The Board shall consist of nine part-time directors appointed by the Minister, subject to ratification by the National Assembly.
[S 4(2) am by s 3 of Act 16 of 2010.]
(3) A person shall not be qualified to be appointed to the Board unless the person is committed to fairness, freedom of expression, openness, and accountability and when viewed collectively the person appointed shall be represntative of a broad section of the population of the Republic.
(4) The Chairperson and Vice-Chairperson shall be elected by the directors from amongest themselves.
[S 4(3) am by s 12 of Act 20 of 2002.]
(5) A person shall not be appointed as a director if that person—
(a) is not a citizen of Zambia;
(b) is not permanently resident in Zambia;
(c) is a member of Parliament or local authority;
(d) is an office bearer or employee of any political party;
(e) is an immediate family member of a person referred to in paragraph (d);
(f) is an undischarged bankrupt;
(g) has been convicted of an offence involving fraud or dishonesty; or
(h) has been convicted of an offence under any other written law and sentenced to a term of imprisonment of not less than six months, without the option of a fine.
(6) The directors shall be paid such allowances as the Board may, with the approval of the Minister, determine.
(7) Except as otherweise provided in this Act, the Board shall not be subject to the direction of any other person or authority.
[S 4 subs by s 3 of Act 20 of 2002.]
[S 4A rep by s 4 of Act 16 of 2010.]
5. Tenure of office and vacancy
(1) Subject to the other provisions of this Act, a director shall hold office for a period of three years from the date of appointment and may be re-appointed for one further term of three years.
(2) On the expiration of the period for which a director is appointed, the Director shall continue to hold office until the directors successor is appointed but in no case shall such further period exceed three months.
(3) The office of a director shall become vacant—
(a) upon resignation;
(b) upon the death of the director;
(c) if that director without good cause or approval of the Chairperson is absent is absent from three consecutive meetings of the Board of which that director had notice;
(d) if that director is adjudged bankrupt;
(e) if director is declared to be of unsound mind; and
(f) if the director is convicted of an offence for a period exceeding six months without the option of a fine or convicted of any offence involving dishonesty.
(4) A director may resign from office by giving one month’s notice in writing to the Minister.
(5) Whenever the office of a director of a director becomes vacant before the expiry of the term of office the Minister may, on the recommendation of appointments committee and subject to ratification by the National Assembly, appoint another director in place of the director who vacates office but such director shall hold office only for the unexpired term.
[S 5 subs by s 5 of Act 20 of 2002.]
6. Director to declare connection
Within seven days of the date of his appointment as Chairperson or director as the case may be, the Chairperson or director shall submit to the Minister a statement in writing of any directorship, office, post, shareholding or financial interest, direct or indirect, held or acquired by him or his spouse in a company or firm which carries on a radiocommunication service or operates a diffusion service or deals in receivers or manufactures, assembles, imports or sells apparatus or equipment for use in radiocommunication or diffusion services.
(1) The functions of the Corporation shall be to—
(a) provide varied and balanced programming for all sections of the populations;
(b) serve the public interest;
(c) meet high professional quality standards;
(d) offer programmes that provide information, entertainment and education;
(e) contribute to the development of free and informed opinions and as such, constitute an important element of the democratic process;
(f) reflect, as comprehensively as possible, the range of opinions and political, philosophical, religious, scientific, and artistic trends;
(g) reflect and promote Zambia’s national culture, diversity and unity;
(h) reflect human dignity and human rights and freedoms and contribute to the tolerance of different opinions and beliefs;
(i) further international understanding and the public’s sense of peace and social justice;
(j) defend democratic freedoms;
(k) enhance the protection of the environment;
(l) contribute to the realisation of equal treatment between men and women;
(m) broadcast news and current affairs programmes which shall be comprehensive, unbiased and independent and commentary which shall be clearly distinguished from news;
(n) promote productions of Zambian origin; and
(o) carry on or operate such other services including diffusion services and undertakings as in the opinion of the Board, are conductive to the exercise of its functions under this Act.
[S 7 subs by s 6 of Act 20 of 2002.]
The Corporation shall have power, subject to the provisions of this Act, to do all or any of the matters and things specified in the Schedule.
(1) The Board may, for the purpose of performing the Corporation’s functions under this Act, establish committees and may delegate to any such committee such of its functions as it thinks fit.
(2) The Board may appoint as members of a committee established under sub-section (1) persons who are or are not members of the Board and such persons shall serve for such period as the Board may determine.
(3) Subject to any specific or general directions of the Board any committee established under sub-section (1) may regulate its own procedure.
(1) Subject to the provisions of this section, the Board may regulate its own procedure.
(2) The Board shall hold its first meeting on such date and at such place and time as the Minister may determine; and thereafter the Board shall meet for the transaction of business at such places and at such times as the Board may determine.
(3) The Chairperson of the Board may at any time and shall, at the request of three directors, convene a special meeting of the Board.
(4) A notice convening a special meeting of the Board shall state the purposes for which the meeting is to be convened.
(5) Where the Chairperson of the Board is prevented by illness, absence from Zambia or other cause from exercising his functions on the Board, the Vice-Chairperson shall exercise the powers and fulfil the duties and functions of the Chairperson.
(6) Where the Chairperson and the Vice-Chairperson are absent from any meeting of the Board there shall preside at that meeting such director as the directors present may elect for the purpose of that meeting.
(7) The quorum at a meeting of the Board shall be five directors.
[S 10(7) am by s 7 of Act 20 of 2002.]
(8) All acts, matters or things authorised or required to be done by the Board may be decided by resolution of a meeting at which a quorum is present.
(9) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of every meeting of any committee established by the Board.
{mprestriction ids="2,3,5"}
11. Transaction of business of an urgent nature
If it is not practicable to hold a meeting of the Board for the transaction of business of an urgent nature, the Chairperson shall, after consulting the Minister and such other directors as is practicable in the circumstances, deal with the business himself and not later than seven days thereafter consult the Board for ratification.
12. Validity of Board’s decisions
No decision or act of the Board or act done under the authority of the Board shall be invalid by reason only of the fact that there is a vacancy in the membership of the Board or that a disqualified person acted as a director, at the time the decision was taken or the act was done or authorised.
Any agreement, contract or instrument may be entered into or executed on behalf of the Corporation by any person or persons generally or specially authorised by the Board for that purpose.
(1) The seal of the Board shall be such device as may be determined by the Board and shall be kept by the Director-General.
(2) The Board may use a wafer or rubber stamp in lieu of the seal.
(3) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Director-General or one other person authorised in that behalf by a resolution of the Board.
(4) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Board by the Director-General or any other person generally or specifically authorised by the Board in that behalf.
(5) Any document purporting to be a document under the seal of the Board or issued on behalf of the Board shall be received in evidence and shall be deemed so executed or issued, as the case may be, without further proof, unless the contrary is proved.
(1) If any person is present at a meeting of the Board at which any matter in which such person or his spouse is directly or indirectly interested in a private capacity is the subject of consideration he shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Board otherwise directs, take part in any consideration or discussion of, or vote on, any question touching such matter.
(2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made.
(3) A person who fails to disclose interest in terms of sub-section (1) and participates in the consideration or discussion of a matter in which the person or that person’s spouse has interest commits an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
[S 15(3) ins by s 8 of Act 20 of 2002.]
No action or other proceedings shall lie or be instituted against any Board member for or in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of his functions under this Act.
17. Appointment of Director-General and other staff
(1) For the better exercise of the functions of the Corporation contained in section 7, the Board shall—
(a) subject to the provisions of paragraph (b), and on such terms and conditions as it may determine, appoint a Director-General of the Corporation who, subject to the control of the Board, shall be responsible for the management of the business of the Corporation; and
(b) not appoint or terminate the services of the Director General without prior consultation with the Minister.
[S 17(1)(b) am by s 9 of Act 20 of 2002.]
(2) The Board may appoint, on such terms and conditions as it may determine, such other staff as it considers necessary for the performance of its functions under this Act.
PART III
FINANCIAL PROVISIONS
18. Establishment and operation of general fund
The Corporation shall establish a general fund—
(a) into which all monies received by the Corporation shall be paid in the first instance; and
(b) out of which all payments made by the Corporation shall be paid.
19. Establishment and operation of general reserve account
(1) The Corporation may establish a general reserve account to which may be appropriated from any surplus of revenue over expenditure such sums as the Board may approve.
(2) Sums appropriated to the general reserve account in terms of sub-section (1) may, with the approval of the Minister, be used for such purposes as the Corporation may consider expedient for the proper exercise of its functions and the development of its services and undertakings.
20. Charges to revenue account of Corporation and investment of money in sinking funds
(1) The Corporation shall charge to its revenue account all charges which in the normal conduct of a business are regarded as proper to be made to a revenue account and in so doing shall make adequate annual provision, whether by sinking fund or other proper means, for—
(a) interest and all other charges and expenses incurred in connection with loans;
(b) the depreciation or diminution in value of assets; and
(c) the redemption of loans at due times to the extent that the annual provision exceeds the amount to be provided under paragraph (b).
(2) Money in sinking funds established in terms of sub-section (1) shall be vested in such manner as the Board acting in consultation with the Minister may think fit.
The funds of the Corporation shall consist of such money as may—
(a) be payable to the Corporation in terms of this Act;
(b) be appropriated by Parliament for the purposes of the Corporation;
(c) be paid to the Corporation by way of grants or donations; and
(d) vest in or accrue to the Corporation.
The Corporation shall cause to be kept proper books of account and other records relating to its accounts.
(1) For the purpose of auditing its accounts, the Board shall appoint Auditors from amongst persons who, or organisations which, are registered as public accountants to examine the accounts of the Corporation not less than once in each financial year.
(2) The Corporation shall produce and lay before the auditors all books and accounts of the Corporation, with all vouchers in support thereof and all books, papers and writings in its possession or control relating thereto.
(3) The auditors shall be entitled to require from all directors and all employees of the Corporation such information and explanations as may be necessary for the performance of their duties as auditors.
(4) All expenses in connection with or incidental to an audit shall be borne and paid by the Corporation.
(1) As soon as practicable, but not later than six months after such financial year, the Corporation shall submit to the Minister a report concerning its activities during such financial year.
(2) The report referred to in sub-section (1) shall include information on the financial affairs of the Corporation and there shall be appended thereto—
(a) a balance sheet;
(b) an audited statement of revenue and expenditure; and
(c) such other information as the Minister may require.
(3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after the receipt of the report referred to in sub-section (1), lay it before the National Assembly.
PART IV
[REPEALED]
[Part IV (ss 25 to 31 rep by s 3 of Act 17 of 2017.]
[Section 8]
POWERS OF CORPORATION
1. To acquire, establish and construct broadcasting stations, studios, offices and other premises necessary or convenient for the purposes of the undertakings of the Corporation, and for this purpose, to buy, take on lease or in exchange hire or otherwise acquire immovable property within Zambia and interests therein and rights over the same and concessions, grants, rights, powers and privileges in respect thereof, and to act in that connection either absolutely or conditionally and either solely or jointly with others.
2. To buy, take in exchange, hire or otherwise acquire vehicles, machinery, plant, apparatus and other movable property necessary or convenient for the exercise of the functions of the Corporation, or for the purposes of the undertakings of the Corporation, and to act in that connection either absolutely or conditionally and either solely or jointly with others.
3. To maintain, alter and improve property acquired by the Corporation.
4. To apply for, buy or otherwise acquire—
(a) copyrights and performing rights; and
(b) patents, licences, concessions or the like: conferring an exclusive or non-exclusive or limited right to use information or a process which may seem to the Board capable of being used for the purposes of the Corporation or the acquisition of which may seem to the Board calculated, directly or indirectly, to benefit the Corporation, and to use, exercise, develop and grant licences in respect of or otherwise turn to account rights, information and processes so acquired.
5. To establish orchestras, bands and choirs, engage artists and performers and organise, provide or subsidise public concerts, lectures and other performances or entertainment.
6. To cause descriptions of or commentaries on current events to be broadcast or diffused from the locality where they are taking place.
7. To broadcast or diffuse religious services and addresses.
8. To collect and collate news from any source and enter into agreements for the supply to the Corporation of news for the purpose of broadcasting or diffusing the same.
9. To obtain from or grant to a government operator of a diffusion service or other person whatsoever, whether within or outside Zambia and gratuitously or otherwise, rights or concessions in connection with the broadcasting or diffusion by the Corporation or programme broadcast or diffused by the Corporation or, as the case may be, the government, broadcaster, operator or other person.
10. To compile, print, publish and distribute, with or without charge, publications relating wholly or partly to the broadcasting or diffusion services of the Corporation or to the undertakings of the Corporation.
11. To enter, with the approval of the Minister, into agreements with persons in connection with the operation of diffusion services.
12. To carry on or operate, with the approval of the Minister, broadcasting and diffusion services in conjunction or association with other persons.
13. To broadcast or diffuse advertisements for periods which do not—
(a) in the aggregate amount to more than 15 per centum of the time each day during which the service in which the advertisements are included is broadcast or diffused; and
(b) in each hour during which the service in which the advertisements are included is broadcast or diffused amount to more than 10 minutes;
or for such longer period or, as the case may be, periods the Board, with the approval of the Minister, may, by varying one or other or both of the time limits specified in this paragraph, determine.
14. To sell, exchange, lease, mortgage, dispose of, turn to account or otherwise deal with any movable assets of the Corporation or any part thereof and, with the approval of the Minister, any immovable assets of the Corporation or any part thereof, which are not required for the purposes of the Corporation for such consideration as the Board may determine.
15. To draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable and transferable instruments.
16. To insure against losses, damages, risks and liabilities which the Corporation may incur.
17. To make contracts and to enter into suretyships or give guarantees in connection with the exercise of the functions of the Corporation or the undertakings of the Corporation and to modify or rescind such contracts and to modify or rescind such suretyships or guarantees.
18. To invest money of the Corporation not immediately required by the Corporation in such manner as the Board may, with the approval of the Minister, determine and to vary or realise investments so made.
19. To raise monies, temporarily or otherwise, by way of loans or by bank overdraft for such purposes as the Minister may approve.
20. To pay a person in the employment of the Corporation such remuneration and allowances as may be fixed in terms of sub-section (3) of section 17 and to grant a person in the employment of the Corporation such periods of leave as are stipulated or in respect of which provision is made in his terms and conditions of service and, with the approval of the Minister, to make gifts, bonuses and the like to a person in the employment of the Corporation.
21. To provide pecuniary benefits for persons in the employment of the Corporation on their retirement, death or termination of service or in the event of their sickness or injury or for their dependants, and for this purpose to effect policies of insurance, establish pension or provident funds or make such other provision as may be necessary to secure for persons in the employment of the Corporation any or all of the pecuniary benefits to which the provisions of this paragraph relate.
22. To purchase, lease or otherwise acquire dwelling houses for occupation by or lease to persons in the employment of the Corporation.
23. To construct dwelling houses for occupation by or lease to persons in the employment of the Corporation on land vested in the Corporation and to purchase, lease or otherwise acquire land for that purpose.
24. To lend money to persons in the employment of the Corporation who are required to travel in the course of their duties, for the purpose of purchasing vehicles.
25. To enter with the approval of the Minister, into agreements with persons, associations and companies in connection with the collection of licence fees.
26. To produce, manufacture, purchase or otherwise acquire gramophone and other mechanical records, tapes, materials and apparatus for use in connection with broadcasting services.
27. To provide facilities for training and advancing of the skills of persons in its employment.
28. To establish, install, erect, alter, reconstruct, operate, and maintain broadcasting studios, transmitters, relay stations and micro-wave facilities.
[Sch para 28 ins by s 11(a) of Act 20 of 2002.]
29. To introduce such number of radio and television broadcasting stations and channels as the Board may consider necessary.
[Sch para 29 ins by s 11(a) of Act 20 of 2002.]
30. To determine, subject to the direction of the Board, the programme policy for the Corporation.
[Sch para 30 ins by s 11(a) of Act 20 of 2002.]
31. To act in combination or association with any other person or body whether incorporated or not, and whether in Zambia or elsewhere for any other purposes authorised by this Act.
[Sch para 31 ins by s 11(a) of Act 20 of 2002.]
32. To develop and make available radio and television broadcasting services through Zambia by the most appropriate and efficient means and as resources become available for the purpose.
[Sch para 32 ins by s 11(a) of Act 20 of 2002.]
33. Subject to the directions of the Board, to carry on braodcasting services for such purposes as the Board may specify for reception by listeners outside Zambia.
[Sch para 33 ins by s 11(a) of Act 20 of 2002.]
34. To implement the editorial policies of the Corporation and maintain editorial independence.
[Sch para 34 ins by s 11(a) of Act 20 of 2002.]
35. Generally to do all such things as are incidental or conducive to the exercise of the functions of the Corporation or are incidental to the powers specified in this Schedule or which are calculated, directly to enhance the value of or render profitable or develop the services, undertakings, property or rights of the Corporation.
[Sch para 28 renumbered as para 35 by s 11(b) of Act 20 of 2002.]
{/mprestriction}