Council of Law Reporting Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE COUNCIL OF LAW REPORTING ACT
CHAPTER 46 OF THE LAWS OF ZAMBIA
CHAPTER 46 THE COUNCIL OF LAW REPORTING ACT
THE COUNCIL OF LAW REPORTING ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Constitution of Council
4. Membership and proceedings of Council
5. Objects and functions of Council
6. Appointments by Council
7. Contracts and other instruments
8. Remuneration and allowances payable
9. Funds of Council
10. Accounts, audit and report
11. Validation of appointment of General Editor made before constitution of Council

owances payable
9. Funds of Council
10. Accounts, audit and report
11. Validation of appointment of General Editor made before constitution of Council

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
CHAPTER 46
COUNCIL OF LAW REPORTING 58 of 1967
22 of 1970
An Act to establish a Council of Law Reporting; to specify its functions and for
purposes connected with the aforesaid matters. [15th December, 1967]
1. This Act may be cited as the Council of Law Reporting Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"Council" means the Council of Law Reporting constituted by section three;
"ex officio member" includes a member who is a Judge of the Supreme Court or a
Judge, but does not include the General Editor of the Zambia Law Reports;
"financial year" means the period of twelve months ending on the 31st December
in each year:
Provided that the financial year of the Council commencing on the 1st July, 1969,
shall be the period of eighteen months ending on the 31st December, 1970. (As amended by No. 22 of 1970)
3.

Council commencing on the 1st July, 1969,
shall be the period of eighteen months ending on the 31st December, 1970. (As amended by No. 22 of 1970)
3.

There is hereby constituted a Council of Law Reporting which shall under that
name be a body corporate with perpetual succession and a common seal, capable of
suing and being sued, acquiring, holding and disposing of property, entering into
agreements and performing all such acts as are necessary for or connected with the
carrying out of its objects and the exercise and performance of its functions under this Act
or any law. Constitution of Council
4. (1) The Council shall consist of- Membership and
proceedings of Council
(a) the Chief Justice;
(b) a Judge of the Supreme Court or High Court Judge nominated by the Chief
Justice;

of- Membership and
proceedings of Council
(a) the Chief Justice;
(b) a Judge of the Supreme Court or High Court Judge nominated by the Chief
Justice;

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(c) the Attorney-General, the Solicitor-General and the Director of Public
Prosecutions;
(d) two legal practitioners nominated by the Law Society of Zambia and
appointed by the Minister;
(e) two members of the academic staff of the School of Law of the University of
Zambia nominated by the Vice-Chancellor of the University on the
recommendation of the School and appointed by the Minister; and
(f) the General Editor of the Zambia Law Reports appointed under section six
if he is not a member by virtue of any of the preceding paragraphs. (2) The chairman of the Council shall be the Chief Justice.

nted under section six
if he is not a member by virtue of any of the preceding paragraphs. (2) The chairman of the Council shall be the Chief Justice.

(3) Members of the Council shall hold office as such-
(a) in the case of ex officio members, as long as they hold the office by virtue
of which they are members of the Council;
(b) in the case of the member who is the General Editor, as long as he holds
the appointment of General Editor; and
(c) in the case of any other member, for a period of three years from the date
of his appointment:
Provided that any member referred to in paragraph (c) may by writing addressed to
the Council resign his office as such at any time. (4) A member vacating his office as a member of the Council shall be eligible for
reappointment. (5) The quorum of a meeting of the Council shall be five. (6) Subject to this Act, the Council shall determine and regulate its own procedure.

ntment. (5) The quorum of a meeting of the Council shall be five. (6) Subject to this Act, the Council shall determine and regulate its own procedure.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
5. The objects and functions of the Council are-
(a) to organise, regulate and control the reporting of decisions of the courts and
of such tribunals and inquiries as it may determine;
(b) to arrange for the production, publication and distribution, whether by sale
or otherwise, of the Zambia Law Reports at such regular periods of time as
it may determine;
(c) to provide assistance in the production of the University Law Review. Objects and functions
of Council
6. The Council shall appoint-
(a) an Editorial Board, whether from its own members or not, for the purpose of
assisting the Council in the carrying out of its objects and functions;
(b) a General Editor of the Zambia Law Reports whose functions shall be such
as the Council may from time to time determine;
Appointments by
Council
(c) such number of reporters as it may determine;
(d) such staff as it considers necessary for the exercise and performance of its
functions. (As amended by No. 22 of 1970)
7.

ers as it may determine;
(d) such staff as it considers necessary for the exercise and performance of its
functions. (As amended by No. 22 of 1970)
7.

An agreement, contract or instrument may be entered into, or executed on
behalf of the Council by the chairman and one other member of the Council generally or
specially authorised by the Council for the purpose. Contracts and other
instruments
8. (1) Subject to subsection (2), there shall be paid out the funds of the Council- Remuneration and
allowances payable
(a) to the members of the Council and members of the Editorial Board who are
not also members of the Council, allowances to cover expenses reasonably
incurred by them in respect of their attendance at meetings of the Council
or the Editorial Board but not otherwise;
(b) to the General Editor, an honorarium of such amount as the Council may
determine in addition to any allowances payable under paragraph (a);
(c) to the reporters appointed by the Council, such fees as the Council may
determine; and
(d) to staff appointed by the Council, such salaries as it may determine. (2) Ex officio members of the Council and public officers holding any appointment
under or by virtue of this Act shall not be entitled to any allowances, honorarium, fees or
salary by virtue of this section.

holding any appointment
under or by virtue of this Act shall not be entitled to any allowances, honorarium, fees or
salary by virtue of this section.

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
9. The funds of the Council shall consist of-
(a) such moneys as may be payable to the Council out of moneys appropriated
by Parliament for the purpose;
(b) such other moneys and assets as may vest in or accrue to the Council in
the discharge of its functions or otherwise. Funds of Council
10. (1) The Council shall cause to be kept proper books of account which shall be
audited annually by auditors approved by the Minister. Accounts, audit and
report
(2) The Council shall, not later than six months after the termination of each
financial year, submit to the Minister the audited accounts. (3) The Minister shall lay the audited accounts before the National Assembly not
later than seven days after the first sitting of the National Assembly next after the receipt
thereof. 11.

d accounts before the National Assembly not
later than seven days after the first sitting of the National Assembly next after the receipt
thereof. 11.

(1) If, before the constitution of the Council, the Minister has, on behalf of the
Council, appointed any person to be the General Editor of the Zambia Law Reports, then
the appointment shall have effect and operate as if the Council had been in existence at
the date of the appointment and had itself appointed the person to be the General Editor
of the Zambia Law Reports, notwithstanding that this Act may not have been enacted at
the time the appointment was made. Validation of
appointment of
General Editor made
before constitution of
Council
(2) As from the date of the constitution of the Council, the Minister shall be released
from any liability arising out of an appointment to which subsection (1) relates.