Consular Conventions Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE CONSULAR CONVENTIONS ACT
CHAPTER 21 OF THE LAWS OF ZAMBIA
CHAPTER 21 THE CONSULAR CONVENTIONS ACT
THE CONSULAR CONVENTIONS ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Powers of consular officers in relation to property in the Republic of deceased
persons
3. Supplementary provisions as to section 2
4. Application of section 2
CHAPTER 21

fficers in relation to property in the Republic of deceased
persons
3. Supplementary provisions as to section 2
4. Application of section 2
CHAPTER 21

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
CONSULAR CONVENTIONS
An Act to confer upon the consular officers of foreign States with which consular
conventions are concluded certain powers relating to the administration of the
estates and property of deceased persons; and to provide for matters
incidental thereto or connected therewith. [13th July, 1951]
2 of 1951
Federal Act
31 of 1956
Government Notice
497 of 1964
1. This Act may be cited as the Consular Conventions Act. Short title
2.

th July, 1951]
2 of 1951
Federal Act
31 of 1956
Government Notice
497 of 1964
1. This Act may be cited as the Consular Conventions Act. Short title
2.

(2) Where any person who is a national of a State to which this section applies is
named as executor in the will of a deceased person disposing of property in the Republic,
or is otherwise a person to whom a grant of representation to the estate in the Republic of
a deceased person may be made, then if the court is satisfied, on the application of a
consular officer of such State, that such national is not resident in the Republic, and if no
application for a grant of such representation is made by a person duly authorised by
power of attorney to act for him in that behalf, the court shall make to that officer any such
grant of representation to the estate of the deceased as would be made to him if he were
so authorised as aforesaid:
Powers of consular
officers in relation to
property in the
Republic of deceased
persons
Provided that the court may, if it thinks fit, postpone the making of a grant by virtue of
this section during such period as the court considers appropriate having regard to the
circumstances of the case.

the making of a grant by virtue of
this section during such period as the court considers appropriate having regard to the
circumstances of the case.

(2) Where any person who is a national of a State to which this section applies-
(a) is entitled to payment or delivery of any money or property in respect of any
interest in the estate of a deceased person, or vesting in possession on the
death of any person, or is entitled to payment of any money becoming due
on the death of any person; or
(b) is a person to whom any money or property comprised in the estate of a
deceased person may be paid or delivered in pursuance of any enactment,
rule or regulation, whether passed or made before or after the
commencement of this Act, authorising the payment or delivery of such
money or property without representation to the estate of the deceased
being granted;
then if the said national is not resident in the Republic, a consular officer of that State shall
have the like right and power to receive and give a valid discharge for any such money or
property in the Republic as if he were duly authorised by power of attorney to act for him in
that behalf:
Provided that no person shall be authorised or required by this subsection to pay or
deliver any money or property to a consular officer if it is within his knowledge that any
other person in the Republic has been expressly authorised to receive that money or
property on behalf of the said national.

in his knowledge that any
other person in the Republic has been expressly authorised to receive that money or
property on behalf of the said national.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(3) A grant of administration made by virtue of this section may be made to the
consular officer by his official title, and to his successors in office; and where a grant is so
made, the office of administrator, and all the estate, rights, duties and liabilities of the
administrator (including liabilities under the administration bond) shall be vested in and
imposed on the person for the time being holding the office, and no fresh grant shall be
required by reason only of the death or vacation of office of the person to whom the grant
was made or in whom it is vested as aforesaid:
Provided that nothing in this subsection shall affect any limitation contained in the
grant, or any power of the court to revoke the grant. (4) Without prejudice to the provisions of section 81 of the Court of Probate Act,
1857, of the United Kingdom (which enables probate rules and orders to dispense with
sureties to administration bonds in certain cases), sureties shall not be required to an
administration bond given by a consular officer upon the grant of administration by virtue
of this section. 3.

), sureties shall not be required to an
administration bond given by a consular officer upon the grant of administration by virtue
of this section. 3.

Notwithstanding any rule of law conferring immunity or privilege in respect of the
official acts and documents of consular officers, a consular officer shall not be entitled to
any immunity or privilege in respect of any act done by virtue of powers conferred on him
by or under section two, or in respect of any document for the time being in his
possession relating thereto. Supplementary
provisions as to
section 2
4. The President may, by statutory order, direct that section two shall apply to any
foreign State specified in the order, being a State with which a consular convention
providing for matters for which provision is made by that section has been concluded. (As amended by Federal Act No. 31 of 1956)
Application of section
2
SUBSIDIARY LEGISLATION
CONSULAR CONVENTIONS Cap. 21
SECTION 4-THE CONSULAR CONVENTIONS (KINGDOM OF NORWAY) O RDER Government Notice
246 of 1951
It is hereby ordered that the provisions of section two of the Act shall apply to the
Kingdom of Norway. SECTION 4-THE CONSULAR CONVENTIONS (KINGDOM OF SWEDEN) O RDER Government Notice
254 of 1952

ction two of the Act shall apply to the
Kingdom of Norway. SECTION 4-THE CONSULAR CONVENTIONS (KINGDOM OF SWEDEN) O RDER Government Notice
254 of 1952

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
It is hereby ordered that the provisions of section two of the Act shall apply to the
Kingdom of Sweden.