Judges (Conditions of Service) (Amendment)

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Judges (Conditions of Service) [No. 19 of 1998 217
		     (Amendment)
		
                        GOVERNMENT OF ZAMBIA

		    ACT
		     No. 19 of 1998

Date of Assent: 7th October, 1998

An Act to amend the Judges (Conditions of Service) Act

[12th October, 1998

ENACTED by the Parliament of Zambia.

	1.  This Act may be cited as the Judges (Conditions of Service)
      (Amendment) Act, 1998, and shall be read as one with the Judges
      (Conditions of Service) Act, in this Act referred to as the principal
      Act.
Amendment
	2.  (1) Section one of the principal Act is amended in subsection   of section 1
      (2) by the deletion of paragraph (b) and the substitution therefor of 
      the following:

	        (b) for the purposes of entitlement to any pension or gratuity,
        apply to a Judge who was in service on the 1st June, 
        1992.

	3.  The Principal Act is amended by the repeal of section seven
      and the substitution therefor of the following:

n the 1st June, 
        1992.

	3.  The Principal Act is amended by the repeal of section seven
      and the substitution therefor of the following:

7. (1) Where any person is appointed as Judge from the        Repeal and 
    Public Service after the commencement of the Act, that person       replacement
    shall upon such appointment retire from the post in the Public       of section 7
    Service and shall have the option either to receive the terminal	Appointment
    benefits at the time of such retirement or to have the same        of Judge
    deferred until a later date determined by that person.             from Public
                                                                          Service
	 (2) The terminal benefits deferred under subsection (1)
    shall be administered in accordance with the law relating to the
    pensions of public officers.

terminal benefits deferred under subsection (1)
    shall be administered in accordance with the law relating to the
    pensions of public officers.

4.  The Principal Act is amended by the insertion after section     Insertion of
      seven of the following new section:                                     new section
		                                                                    7A	
    7A. (1) A person serving as a Judge who was appointed as      Judges
          a Judge before the commencement of this  Act—       appointed
                                                                                before
	   (a) from the Public Service and who has not received the      commence-
            terminal benefits in respect of that service; or           ment of Act

     Single copies of this Act may be obtained from the Government Printer,
     P.O. Box 30136, 10101 Lusaka. Price K 500 each

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218 No. 19 of 1998]		Judges (Conditions of Service)
				(Amendment)

					  (b) who has ben contributing to the institution respon-
sible for the administration of pensions of public
officers from the date of appointment as a Judge;
					
shall with effect from 1st June, 1997, be deemed to have
attained pensionable age and shall be retired under the Public 
Service Pensions Act, 1996.
Act No. 35

h effect from 1st June, 1997, be deemed to have
attained pensionable age and shall be retired under the Public 
Service Pensions Act, 1996.
Act No. 35

of 1996	(2) With effect from 1st June, 1997, this Act shall apply to
a Judge referred to in subsection (1) calculated from the date
of appointment as a Judge.

	Repeal and	  5. The Principal Act is amended by the repeal of section eight
	replacement
	of section 8	and the substitution therefor of the following section:

		Appointment	  8. (1) A person serving as a Judge and entitled to gratuity
		under
		contract	under a contract shall have an option to continue under the
contract or to be entitled to the terminal benefits under this 
Act.

        (2) Where a person serving as a Judge opts to continue 
under the contract pursuant to subsection (1)—
		
					  (a) that person shall not be entitled to the benefits under
	this Act; and

					  (b) the age of retirement of that person shall be in 
accordance with the Constitution.
		Amendment	  6. Section twelve of the principal Act is amended by the
		of section 12	insertion after subsection (2) of the following new subsection:

				   (3) The regulations under this section may be made with
				  retrospective effect.