Honours and Decorations (Prevention of Abuses) Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE HONOURS AND DECORATIONS
(PREVENTION OF ABUSES) ACT
CHAPTER 9 OF THE LAWS OF ZAMBIA
CHAPTER 9 THE HONOURS AND DECORATIONS (PREVENTION OF ABUSES)
ACT
THE HONOURS AND DECORATIONS
(PREVENTION OF ABUSES)
ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Prohibition of improper use of insignia
4. Prohibition of undue influence
5. Control of foreign honours
6. Provisions as to evidence in proceedings under this Act
7. Penalties
8. Regulations
CHAPTER 9

tion of undue influence
5. Control of foreign honours
6. Provisions as to evidence in proceedings under this Act
7. Penalties
8. Regulations
CHAPTER 9

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
HONOURS AND DECORATIONS
(PREVENTION OF ABUSES)
5 of 1967
13 of 1994
An Act to provide for the prevention of the improper use of and dealing in insignia;
to prohibit the exercise of undue influence in connection with the grant of
honours; to provide for the control and regulation of the grant of honours to
citizens of Zambia by foreign states; and for matters incidental thereto. [27th January, 1967]
1. This Act may be cited as the Honours and Decorations (Prevention of Abuses)
Act. Short title
2.

or matters incidental thereto. [27th January, 1967]
1. This Act may be cited as the Honours and Decorations (Prevention of Abuses)
Act. Short title
2.

In this Act, unless the context otherwise requires- Interpretation
"competent authority" means the authority or person to whom an insignia is
required to be surrendered under any Proclamation when a person is
deprived of an honour or rank of honour;
"foreign state" means any state or the government thereof other than Zambia or
the Government of Zambia;
"honour" means an office of honours and decorations instituted and created by the
President;
"insignia" includes any badge, chain, cross, decoration, medal, ribbon or star
declared by the President to be an insignia by which an honour or rank of
honour is to be distinguished;
"Secretary" means Secretary to the Cabinet. 3. (1) Any person who- Prohibition of improper
use of insignia
(a) uses or wears any badge, chain, cross, decoration, medal, ribbon or star so
nearly resembling any insignia as to be calculated to deceive; or
(b) falsely represents himself to be a person who is or has been entitled to use
or wear any insignia; or
(c) without authority, uses or wears any insignia; or

ly represents himself to be a person who is or has been entitled to use
or wear any insignia; or
(c) without authority, uses or wears any insignia; or

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
(d) without authority, uses any designation, letters, initials or abbreviations
authorised by the President in respect of any insignia; or
(e) uses a description so nearly resembling any designation, letters, initials or
abbreviations authorised by the President as to be calculated to deceive; or
(f) being a person who has been deprived of an honour awarded to him
refuses to surrender to a competent authority the insignia by which that
honour is distinguished when requested to do so by that authority;
shall be guilty of an offence. (2) Any person who sells or pledges or purchases or takes in pawn any insignia, or
solicits or procures any person to sell or pledge any insignia, or acts for any person in
connection with the sale or pledging thereof, shall be guilty of an offence:
Provided that it shall be a valid defence to a charge under this subsection if the
person charged proves that, at the time of the alleged offence, the person to whom the
honour distinguished by that insignia was awarded was dead. 4.

person charged proves that, at the time of the alleged offence, the person to whom the
honour distinguished by that insignia was awarded was dead. 4.

(1) Any person who accepts or obtains or agrees to accept or attempts to obtain
from any person, for himself or for any other person, or for any purpose, any gift, money,
benefit or valuable consideration as an inducement or reward for procuring or assisting or
endeavouring to procure the award of any honour to any person or otherwise in
connection with the procuring of the award of any honour shall be guilty of an offence. Prohibition of undue
influence
(2) Any person who gives or agrees or proposes to give or offers to any person any
gift, money or valuable consideration as an inducement or reward for procuring or
assisting or endeavouring to procure the award of any honour to any person or otherwise
in connection with the procuring of the award of any honour shall be guilty of an offence. 5. (1) Except with the prior approval of the President in writing, no person who is a
citizen of Zambia shall accept a title of honour, decoration or other dignity from any foreign
state. Control of foreign
honours
(2) The approval of the President under subsection (1) may be given subject to such
conditions as the President may impose.

Control of foreign
honours
(2) The approval of the President under subsection (1) may be given subject to such
conditions as the President may impose.

(3) Any person who contravenes the provisions of subsection (1) or any condition
imposed by the President under subsection (2) shall be guilty of an offence.

person who contravenes the provisions of subsection (1) or any condition
imposed by the President under subsection (2) shall be guilty of an offence.

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6. (1) A certificate purporting to be signed by the President or by a person
authorized by the President and alleging-
Provisions as to
evidence in
proceedings under this
Act
(a) that a decoration described in or annexed to the certificate is an insignia; or
(b) that a person named in the certificate has or has not, as the case may be,
obtained the approval of the President under section five before accepting a
title of honour, decoration or other dignity from a foreign state;
shall be admissible in any proceedings under this Act as prima facie evidence of the facts
stated therein. (2) Any document purporting to be a document issued by the President under
section five, or purporting to be a true copy thereof certified under the hand of the
Secretary, shall be admissible in any proceedings under this Act as prima facie evidence
of the facts stated therein. 7. (1) Any person who is guilty of an offence under this Act shall be liable on
conviction to a fine not exceeding one thousand and five hundred penalty units or
imprisonment for a term not exceeding three months, or to both.

e on
conviction to a fine not exceeding one thousand and five hundred penalty units or
imprisonment for a term not exceeding three months, or to both.

Penalties
(2) Where, on the conviction of a person under section four, the person convicted
received any gift, money or valuable consideration which is capable of forfeiture, the court
may order that such gift, money or valuable consideration shall be forfeited. (As amended by Act No. 13 of 1994)
8. The President may, by statutory instrument, make regulations providing for-
(a) the manner in which, and the occasions on which, insignia may be worn,
and the mode of dress appropriate to the wearing of insignia;
(b) the return of insignia on the death of a person to whom an honour has been
awarded. Regulations