Law Association of Zambia Act

The Laws of Zambia
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REPUBLIC OF ZAMBIA
THE LAW ASSOCIATION OF ZAMBIA ACT
CHAPTER 31 OF THE LAWS OF ZAMBIA
CHAPTER 31 THE LAW ASSOCIATION OF ZAMBIA ACT
THE LAW ASSOCIATION OF ZAMBIA ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
LAW ASSOCIATION OF Z AMBIA
3. Establishment of Association
4. Objects
PART III
M EMBERSHIP

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5. Qualifications for membership
6. Subscriptions
7. Expulsion and suspension of members
8. Resignation and cessation of membership
9. Rights, etc., of members
PART IV
M ANAGEMENT
10. Constitution of the Council
11. Powers of the Council
12. Employees
13. Committees
14. Representatives on other bodies
15. Procedure
PART V
LAW SOCIETY
Section
16. Repeal
17. Transitional
18. Transfer of assets and liabilities
PART VI
F INANCIAL AND G ENERAL PROVISIONS
19. Power to hold property and raise money
20. Funds of Association
21. Income of Association exempt from tax
22. Accounts
23. Common seal
24. Rules
CHAPTER 31

to hold property and raise money
20. Funds of Association
21. Income of Association exempt from tax
22. Accounts
23. Common seal
24. Rules
CHAPTER 31

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LAW ASSOCIATION OF ZAMBIA 23 of 1973
36 of 1973
An Act to establish the Law Association of Zambia and to dissolve the Law Society
of Zambia
(23rd March, 1973)
PART I
PRELIMINARY
1. This Act may be cited as the Law Association of Zambia Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"the Association"means the Law Association of Zambia established by section
three;
"the Law Society" means the Law Society of Zambia established by the Law
Society of Zambia (Private) Act. Cap 47 of the repealed Edition of the Laws
of Zambia;
"lawyer" includes student of law;
"ordinarily resident" includes temporarily resident for the purpose of the
performance of a contract.
PART II
LAW ASSOCIATION O F Z AMBIA
3. There is hereby established the Law Association of Zambia which shall by that
name be a body corporate with perpetual succession and a common seal and which shall
be capable of suing and being sued and, subject to the provisions of this Act, of doing or
performing such acts or things as a body corporate may by law do or perform.
Establishment of
Association

t to the provisions of this Act, of doing or
performing such acts or things as a body corporate may by law do or perform.
Establishment of
Association

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4.

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4.

The objects for which the Association is established are-
(a) to further the development of law as an instrument of social order and
social justice and as an essential element in the growth of society;
(b) to provide a means by which all lawyers, whatever their particular field of
activity, can participate together fully and effectively in the development of
society and its institutions;
(c) to encourage lawyers as individuals to join actively in the life of, and identify
themselves with, the people, and to utilise their skills and training in their
service;
(d) to promote the education of lawyers at all stages and levels, with particular
emphasis on the broadening of such education;
(e) to consider the qualifications of lawyers and to make recommendations to
the Government thereon;
(f) to maintain and improve the standards of conduct of all members of the
legal profession;
(g) to consider the legislation relating to legal aid and other ways of securing
representation for persons who for any reason are unable to secure it, and
to make recommendations to the Government thereon; and to establish
machinery for the provision of legal aid in addition to that provided by the
Government;
(h) to co-operate with the representative bodies of other professions and other
institutions;
(i) to promote research in the development of the law in general and
particularly in relation to-
Objects
(i) the applicability and suitability of received law;
(ii) the character and content of customary law;
(iii) the influence of industrial, commercial and technological
development on society and social institutions;
(j) to promote the reform of the law, both by the amendment of and the
removal of imperfections in existing law, and by the re-formulation,
codification or restatement of particular branches of the law;
(k) to participate when called upon in draft legislation, and to strengthen the
machinery for the critical examination of its legal quality;
(l) to seek the advancement of the rule of law and of the rights and liberties of
the individual;
(m) to promote the improvement and reform of the judicial and administrative
systems, including tribunals and their procedure;
(n) to represent, protect and assist members of the legal profession in regard
to their conditions of practice, remuneration and otherwise;
(o) to protect and assist the public in all matters touching, ancillary or incidental
to the legal profession;
(p) to do all such other things as may be conducive to the attainment of the
foregoing objects or any of them.

or incidental
to the legal profession;
(p) to do all such other things as may be conducive to the attainment of the
foregoing objects or any of them.

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PART III
M EMBERSHIP
5. (1) Every person who immediately before the commencement of this Act is a
member of the Law Society shall, on that date, become a member of the Association
without payment of any entrance fee. Qualifications for
membership
(2) Any of the persons referred to in subsections (3) and (4) who applies for
membership in the prescribed manner and pays the prescribed fees shall be admitted as
an ordinary member or an associate member, as the case may be, of the Association:
Provided that-
(i) a person who has been expelled from the Law Society or the
Association shall not be admitted or re-admitted as a member
without the approval, at a meeting of the Council, of not less than
two-thirds of the total membership thereof;
(ii) no person who, whether in Zambia or elsewhere, has been
suspended from practice or whose name has been struck off a roll
of practitioners (by whatever name called) shall be qualified to
become a member unless the period of his suspension has expired
or his name has been restored to such roll.

hatever name called) shall be qualified to
become a member unless the period of his suspension has expired
or his name has been restored to such roll.

(3) Ordinary membership shall be open to any person who is ordinarily resident in
Zambia and who-
(a) is admitted to the roll of practitioners in Zambia or is qualified to practise
elsewhere as a lawyer; or
(b) has been awarded the degree of Bachelor of Law by the University of
Zambia or has obtained a degree or other qualification acceptable to the
Association for purposes of membership. (4) Associate membership shall be open to any person who-
(a) is in regular attendance at the School of Law at the University of Zambia, or
is a full-time student at a university elsewhere engaged in a programme
leading directly to a degree acceptable to the Association for purposes of
membership; or
(b) is an articled clerk serving under articles of clerkship in accordance with the
Legal Practitioners Act; or
Cap. 30

for purposes of
membership; or
(b) is an articled clerk serving under articles of clerkship in accordance with the
Legal Practitioners Act; or
Cap. 30

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(c) is engaged in a programme of study acceptable to the Association for
purposes of associate membership; or
(d) is a managing clerk employed by a legal practitioner in Zambia. 6. Members of the Association shall pay into the funds of the Association such
periodical subscriptions as may from time to time be prescribed. Subscriptions
7. A member of the Association may be expelled or suspended therefrom upon
such grounds and in such manner as may from time to time be prescribed:
Expulsion and
suspension of
members
Provided that no member shall be expelled or suspended unless he has been
afforded a reasonable opportunity of answering any allegations made against him. 8. (1) Any member of the Association may resign therefrom in such manner as may
be prescribed. Resignation and
cessation of
membership
(2) Any member of the Association who ceases to be qualified for membership
under section five shall thereupon cease to be a member. 9. Members of the Association shall have such rights, privileges and obligations as
may be prescribed. Rights, etc., of
members
PART IV
M ANAGEMENT
10.

. Members of the Association shall have such rights, privileges and obligations as
may be prescribed. Rights, etc., of
members
PART IV
M ANAGEMENT
10.

(1) For the proper management of the affairs of the Association there shall be
an executive committee (herein referred to as "the Council") consisting of a chairman, a
vice-chairman, a secretary and a treasurer (herein referred to as "officers") and not more
than twelve other persons. Constitution of the
Council
(2) The members of the Council shall be members of the Association and shall be
elected by the Association in general meeting;
Provided that a casual vacancy on the Council may be filled by the election by the
remaining members of the Council of a substitute, who shall hold office until the expiration
of office of the Council.

e filled by the election by the
remaining members of the Council of a substitute, who shall hold office until the expiration
of office of the Council.

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(3) (a) Associate members shall not be eligible for election as officers of the
Association. (b) The number of associate members on the Council shall not exceed one-quarter
of the total membership thereof. 11. (1) Except as otherwise expressly provided by this Act, the Council may
exercise all the powers of the Association. Powers of the Council
(2) No rules made under this Act or resolution passed by the Association in general
meeting shall invalidate any prior act of the Council which would have been valid if such
rules or resolution had not been made or passed, as the case may be. 12. The Council may engage employees and remunerate them in such manner as
it may decide. Employees
13. (1) The Council may from time to time appoint committees consisting of
members of the Association and may, except as otherwise expressly provided by this Act,
delegate to any such committee all or any of the powers of the Council. Committees
(2) The Council may invite any person to serve on any such committee in an
advisory capacity.

ttee all or any of the powers of the Council. Committees
(2) The Council may invite any person to serve on any such committee in an
advisory capacity.

(3) There shall be elected at the first general meeting of the Association a
Practitioners' Committee consisting of not less than five nor more than seven members of
the Association who are holders of current practising certificates issued under the
provisions of Part V of the Legal Practitioners Act and are in practice in Zambia. Cap. 30
(4) The members of the Practitioners' Committee shall hold office until the next
ensuing annual general meeting of the Association, and shall have power to nominate,
from amongst their number, a convenor, a secretary and such other officers as they may
determine. (5) Only those members of the Association present at an annual general meeting of
the Association who are the holders of current practising certificates issued pursuant to
the provisions of Part V of the Legal Practitioners Act and are in practice in Zambia shall
be entitled to vote on the election of members of the Practitioners' Committee. Cap.

f the Legal Practitioners Act and are in practice in Zambia shall
be entitled to vote on the election of members of the Practitioners' Committee. Cap.

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(6) The Practitioners' Committee shall have power to co-opt any person qualified to
be a member of the Practitioners' Committee to fill a casual vacancy and any person so
co-opted shall hold office until the next ensuing annual general meeting of the Association.

ers' Committee to fill a casual vacancy and any person so
co-opted shall hold office until the next ensuing annual general meeting of the Association.

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(7) The functions of the Practitioners' Committee shall be-
(a) to exercise on behalf of and in the name of the Association the powers of
the Association relating to the issue of practising certificates pursuant to the
provisions of Part V of the Legal Practitioners Act;
Cap. 30
(b) to exercise on behalf of and in the name of the Association the powers of
the Association relating to the Compensation Fund in accordance with the
provisions of Part VI of the Legal Practitioners Act;
Cap. 30
(c) to exercise on behalf of and in the name of the Association the powers
conferred upon the Association by section sixty-nine of the Legal
Practitioners Act;
Cap. 30
(d) to exercise the functions vested in the Remuneration Committee
established pursuant to section seventy of the Legal Practitioners Act;
Cap. 30
(e) to exercise the functions vested in the Association pursuant to the Legal
Practitioners (Disciplinary Proceedings) Rules and the Legal Practitioners
(Disciplinary Proceedings) (Practitioners' Clerks) Rules;
Cap.

to the Legal
Practitioners (Disciplinary Proceedings) Rules and the Legal Practitioners
(Disciplinary Proceedings) (Practitioners' Clerks) Rules;
Cap.

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(f) to exercise on behalf of and in the name of the Association the functions of
the Association pursuant to Part VIII of the Legal Practitioners Act;
Cap. 30
(g) to exercise any functions vested in the Association by regulations made
pursuant to section ninety of the Legal Practitioners Act;
Cap. 30
(h) to exercise such other functions as may from time to time be delegated to
the Practitioners' Committee by the Council or by the Association in general
meeting. 14. Whenever it becomes necessary or desirable for the Association to appoint a
representative to serve on any board, committee or other body, such representative may
be appointed by the Council or by the Association in general meeting. Representatives on
other bodies
15. The proceedings of the Council and of every committee appointed pursuant to
section thirteen shall be regulated in such manner as may be prescribed. (As amended by No. 36 of 1973)
Procedure
PART V
LAW SOCIETY

inted pursuant to
section thirteen shall be regulated in such manner as may be prescribed. (As amended by No. 36 of 1973)
Procedure
PART V
LAW SOCIETY

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16. The Law Society of Zambia (Private) Act, Chapter 47 of the Revised Edition, is
repealed. Repeal
17. (1) After the commencement of this Act and until the Council, committees and
officers of the Association are elected or appointed thereunder, the Council, committees
and officers of the Law Society operating or holding office immediately before the
commencement shall operate and hold office as the Council, committees and officers of
the Association as if they had been elected or appointed under this Act. Transitional
(2) The rules of the Law Society in force immediately before the commencement of
this Act shall thereafter remain in force as the rules of the Association mutatis mutandis as
if they had been made under section twenty-four until such time as any rules are so made. (3) Any representative appointed by the Law Society to serve on any board,
committee or other body shall be deemed to be a representative appointed by the
Association. (As amended by No. 36 of 1973)
18.

to serve on any board,
committee or other body shall be deemed to be a representative appointed by the
Association. (As amended by No. 36 of 1973)
18.

(1) Upon the commencement of this Act all property, assets, rights, liabilities
and obligations of the Law Society shall vest in the Association by virtue of this Act and
without further assurance. Transfer of assets and
liabilities
(2) All agreements, instruments, appointments, notices, applications, acts or deeds
giving rise or otherwise relating to any rights, liabilities, duties or obligations of the Law
Society which were subsisting immediately prior to the commencement of this Act shall on
or after the commencement have effect and be enforceable as if instead of the Law
Society the Association had been named therein or had been a party thereto. (3) Any proceedings or cause of action pending or existing immediately prior to the
commencement of this Act may be continued or enforced by or against the Association as
it might have been continued or enforced by or against the Law Society as if this Act had
not been enacted.

enforced by or against the Association as
it might have been continued or enforced by or against the Law Society as if this Act had
not been enacted.

(4) In respect of any property, transfer, mortgage, lease, agreement, certificate or
other instrument which is the subject of registration by virtue of any written law the proper
officer of the appropriate registration authority shall upon the request of the Association
without charge make such entry, memorial or endorsement or issue such new certificate
or take such other action as may be necessary to give effect to the provisions of this
section. PART VI
F INANCIAL AND G ENERAL PROVISIONS

certificate
or take such other action as may be necessary to give effect to the provisions of this
section. PART VI
F INANCIAL AND G ENERAL PROVISIONS

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19. The Association shall have power, for the advancement of its objects or any of
them-
(a) to acquire, hold, develop, sell, mortgage, charge, lease or otherwise deal
with or dispose of property of all kinds, whether real or personal;
(b) to raise or borrow money in such manner and upon such security as may
be determined by the Council. Power to hold property
and raise money
20. (1) The funds of the Association shall consist of- Funds of Association
(a) such sums as may be paid to the Association by way of entrance fees and
subscriptions of members and fees payable on admission to the roll of
practitioners and the issue of practising certificates;
(b) such sums as may be paid to the Association by way of grant or donation;
(c) such other moneys as may accrue to the Association in the exercise of its
functions. (2) The Council may invest in such manner as it shall think fit any moneys held by
the Association which are not immediately required for the performance of its functions.

nvest in such manner as it shall think fit any moneys held by
the Association which are not immediately required for the performance of its functions.

(3) Nothing contained in this Part shall permit the distribution or payment of any
moneys or other assets or income of the Association to or for the benefit of any member
of the Association. 21. The income of the Association from whatever source shall be exempt from any
tax payable under any written law for the time being in force relating to taxes on income
and profits. Income of Association
exempt from tax
22. (1) The Association shall keep proper books of account and other records
relating thereto and shall prepare in respect of each financial year a statement of account
and balance sheet showing, in all necessary detail, the income and expenditure and the
assets and liabilities of the Association. Accounts
(2) The accounts of the Association shall be audited annually by an auditor
appointed by the Council. 23. The common seal of the Association shall be kept in such custody and used in
such manner as may be prescribed. Common seal

pointed by the Council. 23. The common seal of the Association shall be kept in such custody and used in
such manner as may be prescribed. Common seal

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24. Subject to the provisions of this Act, the Council may, by statutory instrument,
make rules prescribing anything required or permitted by this Act to be prescribed,
including, but without derogating from the generality of the foregoing, rules relating to-
(a) entrance fees and periodical subscriptions;
(b) applications for membership;
(c) the grounds for, and procedure relating to, expulsion or suspension of
members;
(d) the resignation of members;
(e) the regulation and delegation of powers exercisable by the Council;
(f) the functions and powers of committees;
(g) meetings of the Association, the Council and committees;
(h) the election, removal and replacement of the officers of the Association,
members of the Council and of committees of the Association, and
representatives of the Association on any other bodies;
(i) the accounts of the Association;
(j) the custody and use of the common seal.
Rules
SUBSIDIARY LEGISLATION
LAW ASSOCIATION OF ZAMBIA
T HE LAW SOCIETY O F Z AMBIA (PRIVATE ) RULES
ARRANGEMENT O F RULES

and use of the common seal.
Rules
SUBSIDIARY LEGISLATION
LAW ASSOCIATION OF ZAMBIA
T HE LAW SOCIETY O F Z AMBIA (PRIVATE ) RULES
ARRANGEMENT O F RULES

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Rule
1. Title
2. Interpretation
3. Membership
4. Entrance fees and periodical subscriptions
5. Expulsion
6. Suspension
7. Resignation
8. The Council
9. Committees
10. General meetings
11. Reports and accounts
12. Council and officers
13. Representatives of Society
14. The seal
15. Arbitration
16. Notices
17. Amendment of Rules
SECTION 17(2)-THE LAW SOCIETY O F Z AMBIA (PRIVATE ) RULES
Rules made under Section 18 of the Law Society of Zambia (Private) Act, Chapter
47 of the Revised Edition, and continued in force by virtue of Section 17 (2) of
the Law Association of Zambia Act. Government Notices
148 of 1962
497 of 1964
Act
13 of 1994
1. These Rules may be cited as the Law Society of Zambia (Private) Rules. Title
2. In these Rules unless, the context otherwise requires- Interpretation
"member" means a full or associate member of the Society.

ivate) Rules. Title
2. In these Rules unless, the context otherwise requires- Interpretation
"member" means a full or associate member of the Society.

"month" means calendar month;
"rules" or "regulations" means these Rules or any other rules or regulations made
by the Council;
"the secretary" means the secretary of the Society and includes any deputy or
person temporarily fulfilling the duties of the office.

by the Council;
"the secretary" means the secretary of the Society and includes any deputy or
person temporarily fulfilling the duties of the office.

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3. (1) A candidate for admission as a full member must possess one of the
qualifications required by paragraph (a) or (b) of subsection (2) of section six of the Act. Membership
(2) A candidate for admission as an associate member must be ordinarily resident in
Zambia and either-
(a) a qualified person as defined by section six of the Legal Practitioners Act;
or
Cap. 30
(b) a person qualified to practise as a solicitor, attorney, barrister or advocate
in any country which is a member of the Commonwealth of Nations. (3) Every candidate for membership shall be proposed by a full member in writing
addressed to the secretary in such form as the Council shall from time to time require and
signed by the proposer and by the candidate, who shall thereby undertake, if elected, to
conform to the Act and the rules of the Society.

require and
signed by the proposer and by the candidate, who shall thereby undertake, if elected, to
conform to the Act and the rules of the Society.

(4) A candidate who is qualified in accordance with sub-rule (1) and every candidate
who is qualified in accordance with sub-rule (2) and whom the Council shall, in its
uncontrolled discretion, think fit to admit to membership shall, subject to payment of the
prescribed entrance fee, be admitted by the Council as a full member or as an associate
member, as the case may be, and such membership shall continue until the member
ceases to be so qualified, resigns from the Society or is expelled therefrom in the
prescribed manner. (5) An associate member shall be entitled to receive all notices of and to attend
meetings of the Society and to enjoy all other privileges of membership, except that he
shall not have any right to vote at any meeting of the Society or to serve on the Council or
on any committee of the Society or as a representative of the Society on any board,
committee or other body. 4. (1) The entrance fee payable by a full member shall be sixty three fee units or, if
he is already an associate member, thirty two fee units. Entrance fees and
periodical
subscriptions
(2) The entrance fee payable by an associate member shall be thirty two fee units.

r, thirty two fee units. Entrance fees and
periodical
subscriptions
(2) The entrance fee payable by an associate member shall be thirty two fee units.

(3) The subscription payable by each full or associate member shall be such sum as
may from time to time be recommended by the Council and approved by the Society in
general meeting.

each full or associate member shall be such sum as
may from time to time be recommended by the Council and approved by the Society in
general meeting.

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(4) The first subscription shall become payable upon admission to membership, and
subsequent subscriptions shall become payable in advance upon the 1st January in every
year:
Provided that the first subscription of a full member who, immediately before his
admission as a full member, was an associate member, shall be reduced by the amount of
the subscription already paid by him in respect of the year in which he becomes a full
member. (As amended by Act No. 13 of 1994)
5. (1) If it shall be represented to the Council by a requisition in writing signed by
three or more full members that there is reason to believe that any member has been
guilty of conduct which, in the absence of satisfactory explanation, would render him unfit
to remain a member, the Council shall send to such member a statement in writing of the
conduct imputed to him and shall afford him an opportunity of giving an explanation in
writing or in person, as he may elect.

tement in writing of the
conduct imputed to him and shall afford him an opportunity of giving an explanation in
writing or in person, as he may elect.

Expulsion
(2) If, on the consideration of such explanation or in the absence of any explanation,
the Council shall be of opinion that such member ought to be expelled from the Society,
they shall state their opinion in the form of a report to be laid before a general meeting of
the Society, and such member shall be liable by special resolution to be excluded from the
Society, and if such resolution be so passed he shall thereupon cease to be a member
thereof. (3) The Council may in their discretion exclude from the Society any member who is
a bankrupt or who has made any arrangement or composition with his creditors. 6. The Council may suspend any member from the exercise of all rights and
privileges of a member during such period as they may think fit, not extending beyond the
next annual general meeting, for any cause which shall in their opinion render such
suspension necessary or expedient:
Suspension
Provided that-
(i) at least five members of the Council must be present at the meeting at
which the suspension shall be resolved on;
(ii) the Council shall have afforded to such member an opportunity of giving an
explanation to the Council in writing or in person, as he may elect.

;
(ii) the Council shall have afforded to such member an opportunity of giving an
explanation to the Council in writing or in person, as he may elect.

7. A member may retire from the Society by sending in his resignation in writing to
the Council. Resignation

7. A member may retire from the Society by sending in his resignation in writing to
the Council. Resignation

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8. (1) The Council may meet together for the despatch of business, adjourn and
otherwise regulate their meetings as they think fit. Questions arising at any meeting shall
be decided by a majority of votes. In case of an equality of votes, the chairman of the
meeting shall have a second or casting vote. Any member of the Council may, and the
secretary on the requisition of a member of the Council shall, at any time, summon a
meeting of the Council. The Council
(2) The president or, failing him, the vice-president of the Society shall be chairman
of all meetings of the Council at which he is present, but if at any meeting neither the
president nor vice-president is present within fifteen minutes after the time appointed for
holding the same, the members of the Council present may choose one of their number to
be chairman of the meeting. (3) The quorum necessary for the transaction of the business of the Council shall be
three. (4) The Council shall meet at such place as shall from time to time be determined by
them or, failing any such determination, at the office of the secretary. 9.

uncil shall meet at such place as shall from time to time be determined by
them or, failing any such determination, at the office of the secretary. 9.

(1) The Council may delegate any of their powers to committees consisting of
such full members of the Society as they think fit; any committee so formed shall, in the
exercise of the powers so delegated, conform to any regulations that may be imposed on
them by the Council. Committees
(2) A committee may elect a chairman of their meetings, but if no such chairman is
elected or if at any meeting the chairman is not present within ten minutes after the time
appointed for holding the same, the members present may choose one of their number to
be chairman of the meeting. (3) A committee may meet and adjourn as they think proper. Questions arising at
any meeting shall be determined by a majority of votes of the members present, and, in
case of an equality of votes, the chairman shall have a second or casting vote. (4) Any member of a committee may at any time summon a meeting thereof. Meetings of the committee shall be held in such place as shall from time to time be
determined by the members thereof or, failing such determination, by the convenor of the
meeting.

be held in such place as shall from time to time be
determined by the members thereof or, failing such determination, by the convenor of the
meeting.

(5) The quorum necessary for the transaction of the business of a committee may
be fixed by that committee, and unless so fixed shall be two.

(5) The quorum necessary for the transaction of the business of a committee may
be fixed by that committee, and unless so fixed shall be two.

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10. (1) The annual general meeting shall be held at such time (not being more than
fifteen nor less than nine months after the holding of the last preceding annual general
meeting) and place as may be determined by the Council. In default of the annual general
meeting being so convened, an annual general meeting shall be held in the month next
following the last day upon which the annual general meeting should have been held and
may be convened by any two full members of the Society in the same manner as nearly
as possible as that in which meetings are to be convened by the Council. General meetings
(2) The Council may, when they think fit, convene a special general meeting, and
shall, on the requisition in writing of not less than three full members of the Society,
forthwith proceed to convene a special general meeting of the Society. Any such
requisition must state the objects of the meeting and must be signed by the requisitionists
and deposited at the office of the secretary.

ty. Any such
requisition must state the objects of the meeting and must be signed by the requisitionists
and deposited at the office of the secretary.

If the Council do not proceed to cause a
meeting to be held within thirty days from the date of the requisition being so deposited,
the requisitionists or a majority of them may themselves convene the meeting. (3) Ten days' notice at the least (exclusive of the day on which the notice is served
or deemed to have been served but inclusive of the day for which notice is given)
specifying the place, the day and the hour of the meeting and business to be brought
before the meeting shall be given to every member of the Society, but the non-receipt of
the notice by any member shall not invalidate the proceedings at any general meeting. (4) No business shall be transacted at any general meeting unless a quorum of full
members is present at the time when the meeting proceeds to business; save as herein
otherwise provided, ten full members personally present shall be a quorum.

s present at the time when the meeting proceeds to business; save as herein
otherwise provided, ten full members personally present shall be a quorum.

If within half
an hour from the time appointed for the meeting a quorum is not present, the meeting if
convened upon the requisition of full members shall be dissolved; in any other case it shall
stand adjourned to the same day in the next week at the same time and place, and if at
the adjourned meeting a quorum is not present within half an hour from the time appointed
for the meeting, the full members present shall be a quorum. The president or, failing him,
the vice-president shall be the chairman at every general meeting of the Society, but if
neither of them shall be present at any meeting within fifteen minutes after the time
appointed for holding the same, the full members present shall choose some one of their
number to be chairman of that meeting. (5) The chairman may, with the consent of any meeting at which a quorum is
present (and shall if so directed by the meeting), adjourn the meeting from time to time
and from place to place, but no business shall be transacted at any adjourned meeting
other than the business left unfinished at the meeting from which the adjournment took
place.

no business shall be transacted at any adjourned meeting
other than the business left unfinished at the meeting from which the adjournment took
place.

It shall not be necessary to give any notice of an adjournment or of the business to
be transacted at an adjourned meeting. (6) Except where otherwise provided by the Act or by these Rules, all questions
shall be decided by a majority of the full members present in person or by proxy and
voting, and in all cases, including the case of a contested election, the chairman shall, in
the event of an equality of votes, have a second or casting vote. (7) A resolution put to the vote of the meeting shall be decided on a show of hands
of full members unless a poll is (before or on the declaration of the result of the show of
hands) demanded by at least three full members.

w of hands
of full members unless a poll is (before or on the declaration of the result of the show of
hands) demanded by at least three full members.

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(8) If a poll is duly demanded it shall be taken forthwith and in such manner as the
chairman directs, and the result of the poll shall be deemed to be the resolution of the
meeting. (9) Every full member present in person or by proxy shall have one vote, whether on
a show of hands or on a poll. (10) No person shall act as a proxy unless he is entitled on his own behalf to be
present and vote at the meeting at which he acts as a proxy. The instrument appointing a
proxy shall be in writing under the hand of the appointer and shall be delivered to the
secretary not later than the time fixed for holding the meeting at which the person named
in the instrument proposes to vote. 11. At the annual general meeting in every year the chairman thereof shall present
the report of the Council upon the general affairs of the Society for the previous year, and
the secretary shall present the accounts of the Society for the same year for the approval
of the meeting. Reports and accounts
12.

previous year, and
the secretary shall present the accounts of the Society for the same year for the approval
of the meeting. Reports and accounts
12.

(1) The president and vice-president and the five other members of the Council
shall be elected at the annual general meeting in each year and shall continue in office
until the close of the next annual general meeting, or if from any cause their successors
shall not be elected at such meeting, then until the election of their successors. Council and officers
(2) The Society in general meeting may from time to time appoint a secretary,
treasurer and such other officers of the Society, paid or unpaid, for such period and upon
such terms and conditions as the Society shall determine and may in general meeting at
any time remove any such person from his appointment. (3) The secretary, treasurer and any other officer of the Society shall,
notwithstanding such appointment, be eligible for election as a member of the Council. (4) Any officer or member of the Council desirous of vacating his office may send in
his resignation in writing to the Council and, on the acceptance of such resignation by the
Council, his office shall become vacant and not before.

in
his resignation in writing to the Council and, on the acceptance of such resignation by the
Council, his office shall become vacant and not before.

(5) The office of a member of the Council shall be vacated if he becomes of
unsound mind, suffers a receiving order in bankruptcy to be made against him, ceases to
be a full member of the Society or abstains without leave from attending three consecutive
meetings of the Council, and a resolution of the Council declaring his office to have been
vacated upon any such ground as aforesaid shall be conclusive as to the facts.

ncil, and a resolution of the Council declaring his office to have been
vacated upon any such ground as aforesaid shall be conclusive as to the facts.

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(6) A casual vacancy on the Council may be filled by the election of a substitute by
the remaining members of the Council, and such substitute shall hold office until the
expiration of office of the Council. 13. The Council may at any time appoint and the Society may at any time in
general meeting elect a full member of the Society to be the representative of the Society
upon any board, committee or other body and shall, upon his appointment or election,
determine the period of his office as such representative, and any such representative
may at any time be removed from such office and another full member of the Society may
be appointed or elected in his place by the Council or the Society, as the case may be. Representatives of
Society
14.

full member of the Society may
be appointed or elected in his place by the Council or the Society, as the case may be. Representatives of
Society
14.

The Society shall have a common seal which shall be kept in the custody of
the secretary and shall not be affixed to any instrument except by the authority of a
resolution of the Council and in the presence of at least two members of the Council and
of the secretary, or such other person as the Council may appoint for the purpose, and
those two members of the Council and the secretary or other person as aforesaid shall
sign every instrument to which the seal of the Society is so affixed in their presence. The seal
15.

the secretary or other person as aforesaid shall
sign every instrument to which the seal of the Society is so affixed in their presence. The seal
15.

If any question or difference shall arise between members of the Society upon
any matter of professional conduct, etiquette or practice, the parties to such question or
difference may refer the same to the Council, who shall thereupon appoint two of their
number to be arbitrators of the matter in difference, and such arbitrators shall have power
to take the opinion of such counsel as they may think fit upon any question of law that may
arise and at their discretion to adopt any opinion so taken and to obtain the assistance or
advice of the Incorporated Law Society in England, and every such reference shall be
deemed to be made in accordance with the provisions of the Arbitration Act and every
statutory modification thereof for the time being in force, and each of the parties shall do
all acts and things and execute all deeds and instruments necessary to give effect to the
award to be made pursuant to such reference. Arbitration
Cap. 40
16.

and things and execute all deeds and instruments necessary to give effect to the
award to be made pursuant to such reference. Arbitration
Cap. 40
16.

Any notice required to be given by these Rules may be given to any member
either personally or by sending it by post to him at his usual or last known place of
business or to the Society by delivering it or sending it by post to the secretary, and when
a notice is sent by post it shall be deemed to be duly given on the day after that on which
it was posted. Notices
17. These Rules may be amended from time to time by the Council by resolution of
the Council, but no such amendment shall come into force until the same has been
approved by a special resolution of the Society in general meeting. Amendment of Rules
THE LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES
ARRANGEMENT OF RULES

ved by a special resolution of the Society in general meeting. Amendment of Rules
THE LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES
ARRANGEMENT OF RULES

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PART I
PRELIMINARY
Rule
1. Short title
2. Interpretation
PART II
G ENERAL PROVISIONS
3. Electoral Committee
4. Returning Officer
5. Functions of Returning Officer
6. Election Officers
7. Election Agent
8. Nomination day
9. Identification of candidates
PART III
PROCEDURE FOR NOMINATIONS
10. Nomination of candidates
11. Withdrawal of nomination
12. Validity of nomination
13. Procedures after determining the validity of nomination
14. Notice of Polls
15. Inspection of Nomination Papers
PART IV
T HE POLL AND THE BALLOT

n
13. Procedures after determining the validity of nomination
14. Notice of Polls
15. Inspection of Nomination Papers
PART IV
T HE POLL AND THE BALLOT

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Rule
16. The polls
17. Voting by Proxy
18. Ballot paper
19. Issuance of Ballot Paper
20. Ballot boxes and election material
21. Procedure for casting vote
22. Counting of votes
23. Spoilt papers
24. Questions arising on decision of Returning Officer
25. Recounting of votes
26. Equality of votes
27. Results of elections
28. Control of persons during Polling
PART V
PROCEDURE AFTER COUNTING VOTES
29. Ballot Papers to be sealed in packets after counting
30. Custody and destruction of election matters
PART VI
M ISCELLANEOUS
31. Election Petitions
32. Amendment of Rules
33. Indemnity
SECTION 24-LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES
Rules by Council
Statutory Instrument
156 of 1996
PART I
PRELIMINARY
1. These Rules may be cited as the Law Association of Zambia (Electoral) Rules. Short title

ouncil
Statutory Instrument
156 of 1996
PART I
PRELIMINARY
1. These Rules may be cited as the Law Association of Zambia (Electoral) Rules. Short title

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2. (1) In these rules, unless the context otherwise requires-
"ballot box" means a ballot box provided to a Returning Officer for taking of a Poll;
"ballot paper" means the document prescribed in the Schedule to these Rules;
"candidate" means a person who, in relation to an election has lodged or intends to
lodge his nomination papers;
"Committee" means the Electoral Committee established under Rule 3;
"election officer" means a person appointed by the Council under Rule 6;
"membership card" means a membership card issued to a full or associate
member by the Association;
"member" means a full or associate member of the Association;
"nomination paper" means the document prescribed under Rule 10;
"Presiding Officer" means the Returning Officer appointed by the Council under
Rule 4;
"Proxy form" means the form prescribed under Rule 17;
"Register of voters" means a register of full members compiled by the Association;
"Returning Officer" means a person appointed under Rule 4;
"Voters Roll" means the register of members compiled by the Association. Interpretation
3.

"Returning Officer" means a person appointed under Rule 4;
"Voters Roll" means the register of members compiled by the Association. Interpretation
3.

(1) There shall be an Electoral Committee which shall consist of a Chairman and
two other members appointed by the Council from amongst the members of the
Association, in respect of each election. Electoral committee
(2) The Committee shall-
(a) ensure that elections are conducted in accordance with these Rules;
(b) issue necessary instructions to the Returning Officer, Presiding Officer and
Election Officers to ensure compliance with the provisions of these Rules;
(c) supervise and direct the elections; and
(d) perform any other functions conferred on the Committee by these Rules. PART II
G ENERAL PROVISIONS
4. (1) The Returning Officer shall be appointed by the Council from amongst the
members of the Association for the purpose of electing-
Returning Officer
(a) officers;
(b) members of the Council, and
(c) members of the Legal Practitioners Committee.

ciation for the purpose of electing-
Returning Officer
(a) officers;
(b) members of the Council, and
(c) members of the Legal Practitioners Committee.

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5. The Returning Officer shall- Functions of Returning
Officer
(a) perform the duties and functions of the presiding officer;
(b) ensure that elections are conducted impartially and in accordance with
these Rules and any other Rules in force;
and
(c) perform all such functions as may be conferred or imposed on him by these
Rules. 6. The Council shall appoint in respect of each election, not more than three election
officers from amongst the full members of the Association, who shall assist the Returning
Officer in the performance of his functions. Election Officers
7. (1) A candidate shall name his election agent in his nomination papers and such
person shall be the candidate's election agent for those polls. Election Agent
(2) An election agent referred to in sub-rule (1), shall be a member of the
Association. (3) A candidate may revoke the appointment of his election agent at any time by
giving written notice to the election agent. (4) The election agent may resign by giving written notice to the candidate. 8.

tion agent at any time by
giving written notice to the election agent. (4) The election agent may resign by giving written notice to the candidate. 8.

(1) The Council shall in respect of each election- Nomination day
(a) appoint the day on which, and the hours when the Returning Officer may
receive nominations of candidates, under these Rules, not less than
fourteen days from the date of holding the Annual General Meeting; and
(b) publish in two consecutive issues of one Newspaper circulating in Zambia
the day and the hours within which the Returning Officer shall receive
nominations. (2) Any nomination received after the day and hours appointed under sub-rule (1)
shall be void. (3) All nomination papers shall be lodged with the Returning Officer at the secretariat
within the time prescribed. (4) The Returning Officer shall receive nomination papers on the day and within the
hours prescribed under sub-rule (1).

t
within the time prescribed. (4) The Returning Officer shall receive nomination papers on the day and within the
hours prescribed under sub-rule (1).

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9. Any candidate standing for elections shall use the names appearing on the voters
roll or members register, to identify himself. Identification of
candidates
PART III
PROCEDURE F OR NOMINATION
10. (1) The Returning Officer shall provide nomination papers to persons who qualify
for nomination and who request for such papers. Nomination of
candidates
(2) A candidate in an election shall lodge with the Returning Officer, his nomination
papers in accordance with the provisions of this part. (3) The nomination paper referred to in sub-rule (2) shall be in Form LAZ 1 set out in
the Schedule.

s in accordance with the provisions of this part. (3) The nomination paper referred to in sub-rule (2) shall be in Form LAZ 1 set out in
the Schedule.

(4) The candidate referred to in sub-rule (2) shall-
(a) complete the form referred to in sub-rule (3);
(b) personally sign the form or the person authorised in writing shall sign on his
behalf and a copy of the written authority shall be attached to the
nomination paper;
(c) state the name and address of his election agent, if any;
(d) lodge the nomination papers within the period appointed under Rule 8; and
(e) pay the non-refundable nomination fee of-
(i) one hundred thousand Kwacha in the case of a candidate for the
position of Chairman or Vice-Chairman; or
(ii) seventy-five thousand Kwacha in the case of a candidate for the
position of Secretary or Treasurer; or
(iii) fifty thousand Kwacha in the case of a candidate for the position of a
member of the Council or of the Legal Practitioners Committee. (5) The candidate lodging a nomination paper or a person duly authorised by him,
shall present himself to the Returning Officer. (6) The Returning Officer shall sign the nomination paper signifying that the
nomination is valid.

im,
shall present himself to the Returning Officer. (6) The Returning Officer shall sign the nomination paper signifying that the
nomination is valid.

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11. A nomination may be withdrawn by the candidate or the person authorised in
that behalf at any time before the expiry of the period appointed for lodging nomination
papers by giving written notice to the Returning Officer. Withdrawal of
nomination
12. (1) The Returning Officer shall determine the validity of each nomination lodged
under Rule 8, after the period for receiving nominations has expired. Validity of nomination
(2) The Returning Officer shall declare any nomination invalid if the nomination
paper-
(a) was not duly completed;
(b) is not properly signed;
(c) is not lodged as required by Rule 10;
(d) is not accompanied by the declaration referred to in the nomination paper
or the declaration is defective in any material particular; or
(e) the appropriate fee was not paid. (3) The Returning Officer shall endorse on the nomination paper his reason for
declaring the nomination invalid and shall sign such endorsement. 13. (1) A Returning Officer shall, after determining the validity of the nominations
lodged, inform the Committee of the names of the candidates validly nominated.

urning Officer shall, after determining the validity of the nominations
lodged, inform the Committee of the names of the candidates validly nominated.

Procedure after
determining the
validity of nomination
(2) Where the Returning Officer determines that no candidate has been validly
nominated for any position, the Returning Officer shall inform the Committee accordingly. (3) Where the Committee is informed under sub-rule (2) that no candidate has been
validly nominated to any position the Committee shall, in respect of that position, call for
further nominations. (4) Where only one candidate has validly filed his nomination papers for any position
or office, there shall be no election held for that position or office, and the Returning
Officer shall declare such candidate to be duly elected and inform the Committee
accordingly. 14. (1) Where two or more candidates have been validly nominated for election to a
particular position or office, the Returning Officer shall give notice to the Council and the
Committee that a poll shall be taken on the day appointed and such notice shall set out
the names of such candidates in alphabetical order of surnames. Notice of polls

poll shall be taken on the day appointed and such notice shall set out
the names of such candidates in alphabetical order of surnames. Notice of polls

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(2) The Committee shall publish information regarding nominations to the members
of the Association. 15. (1) Any person may, at any reasonable time, inspect the nomination papers
validly filed with the Returning Officer after the notice referred to in Rule 14 has been
given. Inspection of
nomination papers
(2) The inspection referred to in sub-rule (1) shall be conducted before the day of
taking the poll. PART IV
T HE POLLS
16. (1) The polls for any position or office shall be conducted at the Annual General
Meeting and shall constitute part of the business of the Annual General Meeting. The polls
(2) A person eligible to vote and is a fully paid up member shall cast his vote for any
position or office. (3) A member of the Association who is not fully paid up, shall not vote during any
election. (4) An eligible voter shall be identified by-
(a) his membership card; and
(b) evidence that he is a paid up member of the Association. (5) Every poll taken under these Rules shall be by secret ballot and in accordance
with the provisions of these Rules. 17.

member of the Association. (5) Every poll taken under these Rules shall be by secret ballot and in accordance
with the provisions of these Rules. 17.

(1) A member eligible to vote may vote by proxy. (2) A member voting by proxy shall complete the Form LAZ 2 set out in the
Schedule. Voting by proxy
18. (1) The ballot paper for an election of members of the Council or Legal
Practitioners Committee shall be in Form LAZ 3 set out in the Schedule. Ballot paper

e ballot paper for an election of members of the Council or Legal
Practitioners Committee shall be in Form LAZ 3 set out in the Schedule. Ballot paper

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(2) The ballot paper for an election to the office of Chairman, Vice-Chairman,
Secretary or Treasurer, shall be in Form LAZ 4 set out in the Schedule. 19. A person referred to in Rule 17 shall be issued with a ballot paper if- Issuance of ballot
paper
(a) he produces a membership card as a full member of the Association; and
(b) he complies with the requirements under these Rules. 20. (1) The Committee shall ensure that there are sufficient ballot boxes and ballot
papers and shall provide the Presiding Officer with copies of the Voters' Roll and all the
election material used in the election. Ballot boxes and
election material
(2) The Committee shall make such arrangements to facilitate the taking of the Poll
and to ensure that it is taken in the manner provided by these Rules. 21. (1) Before issuing a ballot paper to the voter, an election officer shall- Procedure for casting
votes
(a) call out the name and number of the member as recorded in the voter's roll;
and
(b) stamp such ballot paper with the official mark.

casting
votes
(a) call out the name and number of the member as recorded in the voter's roll;
and
(b) stamp such ballot paper with the official mark.

(2) The voter, on receiving the ballot paper, shall signify his vote by secretly writing
the name of the candidate and folding the ballot paper and placing it in the ballot box for
that purpose. 22. (1) The Returning Officer shall ensure that the counting of votes cast takes place
as soon as practicable after the close of the poll. Counting of votes
(2) A candidate or his agent in any election shall be entitled to be present and
observe the counting of votes cast. (3) The votes cast shall be counted by the Returning Officer with the help of election
officers. 23. (1) The Returning Officer shall not count any ballot paper if the ballot paper is- Spoilt papers

rning Officer with the help of election
officers. 23. (1) The Returning Officer shall not count any ballot paper if the ballot paper is- Spoilt papers

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(a) not properly complete, or
(b) unmarked or invalid for uncertainty. (2) The Returning Officer shall write the word "rejected" on any spoilt ballot paper
which is not to be counted and shall add "rejection objected to" if any objection to the
Returning Officer's decision is made by a candidate, or his election agent. 24. Except on an election petition filed under these Rules, the decision of the
Returning Officer on any question arising in respect of any ballot paper shall not be
questioned. Questions arising on
decision of Returning
Officer
25. (1) Where a candidate or his election agent disputes the results of the votes
counted, the candidate, or his election agent may, if present when the counting or any
recounting of the votes is completed, require the Returning Officer to have the votes
recounted or again recounted. Recounting of votes
(2) The Returning Officer, if not satisfied with the results of votes counted may, on
his own initiative, have the votes recounted. (3) The Returning Officer may refuse the request under sub-rule (1) if in his opinion,
it is unreasonable to do so. 26.

ive, have the votes recounted. (3) The Returning Officer may refuse the request under sub-rule (1) if in his opinion,
it is unreasonable to do so. 26.

The poll shall be repeated if there is an equality of votes between two or more
leading candidates. Equality of votes
27. The results of the poll shall be announced at the Annual General Meeting at
which the Poll is conducted as soon as the votes are counted. Results of elections
28. The Presiding Officer shall keep order during voting and may require persons
who are not eligible to vote to leave the Annual General Meeting during voting. Control of persons
during polling
PART V
PROCEDURE AFTER COUNTING T HE VOTES
29. On the completion of the counting of votes cast in an election, the Returning
Officer shall seal separate marked packets of ballot papers counted in respect of each
candidate, and shall place the rejected ballot papers in a single marked packet. Ballot papers to be
sealed in packets after
counting

respect of each
candidate, and shall place the rejected ballot papers in a single marked packet. Ballot papers to be
sealed in packets after
counting

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30. (1) The ballot papers sealed in accordance with Rule 29 and all other election
material shall be delivered to the secretariat of the Association and the Committee shall
ensure that the ballot papers and all election materials are retained for a period of thirty
days after the day on which the results of an election are declared, and shall cause them
to be destroyed after thirty days. Custody and
destruction of election
matter
(2) Where the Committee has been informed that an election petition has been
presented in respect of such election the packets shall not be destroyed until such time as
the trial for such election petition has been finally determined. PART VI
M ISCELLANEOUS
31. (1) Any election of a candidate or any decision made under these Rules shall be
questioned by an election petition filed under these Rules. Election petition
(2) An election petition under these Rules shall be filed in the High Court.

tioned by an election petition filed under these Rules. Election petition
(2) An election petition under these Rules shall be filed in the High Court.

(3) The procedure and grounds for filing any election petition under these Rules shall
be as provided under Part VI of the Electoral Act and the Rules made by the Chief Justice
under that Act, but may be varied as circumstances and these Rules permit. Cap. 13
32. These Rules may be amended by a resolution of the Council, but no such
amendment shall come into force until the Rules are approved by a resolution of the
Association at a general meeting. Amendment of Rules
33. Members of the Committee, Returning Officers and Election Officers shall not
be personally liable for anything done or omitted to be done in the performance of their
duties under these Rules. Indemnity

ection Officers shall not
be personally liable for anything done or omitted to be done in the performance of their
duties under these Rules. Indemnity

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LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES
(Rule 10)
NOMINATION PAPER
To: The Returning Officer
We the undersigned being full members of the Association do hereby nominate-
First Names (in BLOCK CAPITALS) .......................................................................................................................................... Surname (in BLOCK CAPITALs) ................................................................................................................................................ Name of Firm/Company/Employer .............................................................................................................................................. Postal Address ............................................................................................................................................................................ ....................................................................................................................................................................................................

......................................................................................................................................................

to stand as a candidate for election as*...................................................................................................................................... And I, the said (full name of candidate in BLOCK CAPITALS)
.................................................................................................................................................................................................... hereby declare that I accept the nomination. Election Agent (full name)............................................................................................................................................................ Membership Card/Reference Number........................................................................................................................................ Postal Address............................................................................................................................................................................ Date..........................................................

....................................................................................... Date..........................................................

.............................................................................................................................. Signature of Candidate
Received by me at (time)...............................................on the.................................................................................................... day of.........................................................................19...... .............................................................................................................................. Signature of Returning Officer
* Indicate Chairman/Vice-Chairman, Secretary, Treasurer, Council member or member of the Legal Practitioners
Committee as the case may be. NOTES
1. Candidates are advised to acquaint themselves with the provisions of the Rules before completing this nomination
paper. 2. When this nomination paper is lodged it must be accompanied by the fee prescribed under paragraph (e) of sub-rule
(4) of Rule 10. 3.

ination
paper. 2. When this nomination paper is lodged it must be accompanied by the fee prescribed under paragraph (e) of sub-rule
(4) of Rule 10. 3.

A candidate may authorise another person to countersign a nomination paper on his behalf and to lodge it with the
Returning Officer, but, in that event, the written authorisation of the candidate is required to be attached to the
nomination paper. Full name
BLOCK
CAPITALS Signature
Member's
Card/Reference
Number
Proposed by
Seconded by
Supported by

equired to be attached to the
nomination paper. Full name
BLOCK
CAPITALS Signature
Member's
Card/Reference
Number
Proposed by
Seconded by
Supported by

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Rule 17(2)
FORM LAZ 2
LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES
(Rule 17)
PROXY FORM
I..........................................................................................................................................................of....................................... being a member of the Law Association of Zambia hereby appoint............................................................................................ as my Proxy to vote for me on my behalf at the Annual General Meeting of the Law Association of Zambia to be held on...... .................................................................................................................................................................................................... Dated this............................................................................................................day of....................................................19......

....................................................................................day of....................................................19......

I..............................................................................................................................................................................will be/will not
be attending the Annual General Meeting. Signed............................................................ Member

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Rule 18(1)
FORM LAZ 3
LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES
(Rule 18)
BALLOT PAPER
ELECTION OF COUNCIL MEMBERS/MEMBERS OF THE LEGAL PRACTITIONERS COMMITTEE*
NAMES OF CANDIDATES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
* Delete whichever is not applicable.
Note- Write the names of the candidates for whom you wish to vote in BLOCK LETTERS. You may vote for up to 12
candidates in case of an election of Council members and up to 7 in case of an election of members of the Legal
Practitioners Committee. To be valid each Ballot paper must be signed by the person voting or his/her proxy.
Signed.............................................................

o be valid each Ballot paper must be signed by the person voting or his/her proxy.
Signed.............................................................

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Rule 18(2)
FORM LAZ 4
LAW ASSOCIATION OF ZAMBIA (ELECTORAL) RULES
(Rule 18)
BALLOT PAPER
ELECTION OF CHAIRMAN/VICE-CHAIRMAN/SECRETARY/
TREASURER* 1900/1900
NAME OF CANDIDATE
Note: Write the name of the candidate for whom you wish to vote in BLOCK LETTERS. You may vote for only
one candidate. To be valid each Ballot paper must be signed by the person voting or his/her proxy.
Signed.............................................................
* Delete whichever is not applicable.
THE LAW ASSOCIATION OF ZAMBIA (GENERAL) RULES
ARRANGEMENT OF RULES

.............................................
* Delete whichever is not applicable.
THE LAW ASSOCIATION OF ZAMBIA (GENERAL) RULES
ARRANGEMENT OF RULES

The Laws of Zambia
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Rule
1. Short Title
2. Interpretation
3. Membership
4. Entrance Fees and Periodical Subscriptions
5. Expulsion
6. Suspension
7. Resignation
8. General Meetings
9. Reports and Accounts
10. Council Officers
11. Seal
12. Proceedings of Council
13. Committees
14. Disclosure of interest
15. Prohibition of publication or disclosure of information to unauthorised persons
16. Arbitration
17. Notices
18. Amendment of Rules
19. Revocation of the Law Society of Zambia (Private) Rules
THE LAW ASSOCIATION OF ZAMBIA Cap. 31
Statutory Instrument
155 of 1996
SECTION 24-LAW ASSOCIATION OF ZAMBIA (GENERAL) RULES
Rules by Council
1. These Rules may be cited as the Law Association of Zambia (General) Rules. Short Title
2. In these Rules, unless the context otherwise requires- Interpretation
"member" means a full or associate member of the Association;
"month" means calendar month;
"Rules" means these Rules or any other rules made by the Council;
"Secretary" means the Secretary of the Association. 3.

"month" means calendar month;
"Rules" means these Rules or any other rules made by the Council;
"Secretary" means the Secretary of the Association. 3.

(1) A full member of the Association shall be a person qualified under paragraph
(a) or (b) of subsection (2) of section five of the Act. Membership

(1) A full member of the Association shall be a person qualified under paragraph
(a) or (b) of subsection (2) of section five of the Act. Membership

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(2) An associate member shall be a person ordinarily resident in Zambia who-
(a) qualifies under section six of the Legal Practitioners Act; or
Cap. 30
(b) qualifies to practice as a solicitor, attorney, barrister or advocate in any
country which is a member of the Commonwealth of Nations. (3) A person who qualifies to be proposed by a full member in writing addressed to
the Secretary in the form prescribed in the Schedule to these Rules. (4) A person proposed under sub-rule (3) shall undertake, if elected, to conform to
the Act and the rules of the Association. (5) A person who qualifies to be a member of the Association under these Rules
shall apply to the Council to become a member after paying the prescribed fees. (6) A person referred to in sub-rule 5 shall cease to be a member if-
(a) he ceases to qualify as provided for under this Rule;
(b) resigns from the Association; or
(c) is expelled. (7) An associate member shall subject to sub-rule (8) be entitled to receive all
notices of, and to attend, meetings of the association and to enjoy all other privileges of
membership.

ect to sub-rule (8) be entitled to receive all
notices of, and to attend, meetings of the association and to enjoy all other privileges of
membership.

(8) An associate member referred to in sub-rule (7) shall not vote at any meeting of
the Association or serve as a representative of the Association on any Board, Committee
or any other body. 4. (1) The Entrance fees and subscription fees to be paid by a full or associate
member shall be as recommended by the Council and approved by the Association at a
general meeting. Entrance Fees and
Periodical
Subscriptions
(2) The first subscription fees referred to in sub-rule (1) shall be paid by a member
on such member becoming a member. (3) The subscription referred to in sub-rule (1) shall be paid by the 1st January of
each year.

be paid by a member
on such member becoming a member. (3) The subscription referred to in sub-rule (1) shall be paid by the 1st January of
each year.

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5. (1) Three or more full members may present a signed requisition to the Council in
writing if there is reason to believe that any member has been guilty of any misconduct
which, in the absence of satisfactory explanation, would render him unfit to remain a
member. Expulsion
(2) The Council shall send to such member a statement in writing of the conduct
imputed to him and shall afford him an opportunity of giving an explanation in writing or in
person, as he may elect. (3) If, on the consideration of such explanation or in the absence of any explanation,
the Council is of the opinion that such member ought to be expelled from the Association,
they shall state their opinion in the form of a report to be laid before a general meeting of
the Association, and such member shall be liable by resolution to be excluded from the
Association and if such resolution is passed, he shall thereupon cease to be a member. (4) The Council may in their discretion exclude from the Association any member
who is a bankrupt or who has made any arrangement or composition with his creditors. 6.

ay in their discretion exclude from the Association any member
who is a bankrupt or who has made any arrangement or composition with his creditors. 6.

(1) The Council may suspend any member from the exercise of all rights and
privileges of a member during such period as they may thin fit, not extending beyond the
next Annual General Meeting, for any cause which shall in their opinion render such
suspension necessary or expedient:
Suspension
Provided that-
(a) at least nine members of the Council are present at the meeting at
which it is resolved to suspend such member; and
(b) the Council has afforded to such member an opportunity of giving an
explanation to the Council in writing or in person, as he may elect. 7. A member may resign from the Association by sending his resignation letter to
the Secretary of the Association. Resignation
8. (1) The Annual General Meeting shall be held at such time not later than fifteen
and not less than nine months after holding the last annual general meeting at a place
determined by the Council.

at such time not later than fifteen
and not less than nine months after holding the last annual general meeting at a place
determined by the Council.

General Meetings
(2) If the Annual General Meeting is not convened, an Annual General Meeting shall
be held in the month next following the last day upon which the Annual General Meeting
should have been held and may be convened by any two full members of the Association
in the same manner in which meetings of the Council may be convened in accordance
with these Rules.

onvened by any two full members of the Association
in the same manner in which meetings of the Council may be convened in accordance
with these Rules.

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(3) The Council may convene an extra ordinary general meeting, if three full
members of the Association request for such meeting in writing. (4) The request for such meeting referred to in sub-rule (3) shall be sent to the
secretary of the Association and shall state the objects of the meeting and signed by the
members requesting such meeting. (5) If the Council fails to convene a meeting referred to in sub-rule (3) within thirty
days, the members who requested such meeting may convene the meeting, provided that
such members shall comply with these Rules in convening the meeting. (6) The Council shall give ten days' notice, exclusive of the day on which the notice
is served but inclusive of the day for which notice is given. (7) The notice served under sub-rule (6) shall specify the place, the day and the hour
of the meeting and business to be brought before the meeting and sent to every member
of the Association. (8) Any notice not received by any member shall not invalidate the proceedings of
any general meeting. (9) The quorum of a general meeting shall be fifty full members.

t received by any member shall not invalidate the proceedings of
any general meeting. (9) The quorum of a general meeting shall be fifty full members.

(10) If within half an hour from the time appointed for the meeting a quorum is not
formed, the meeting if convened on request by full members shall be dissolved, in any
other case it shall stand adjourned to the same day in the next week at the same time and
place, and if at the adjourned meeting a quorum is not formed within half an hour from the
time appointed for the meeting, the full members present shall be the quorum. (11) The Chairman or, in the absence of the Chairman, the Vice -Chairman, shall
preside at every general meeting of the Association. (12) In the absence of both the Chairman and the Vice-Chairman, the full members
present shall elect a Chairman from amongst themselves for that meeting. (13) The Chairman may, with the consent of any meeting at which a quorum is
formed and if so directed by the meeting, adjourn the meeting but no business shall be
transacted at any adjourned meeting other than the business left unfinished at the
meeting from which the adjournment took place.

no business shall be
transacted at any adjourned meeting other than the business left unfinished at the
meeting from which the adjournment took place.

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(14) A notice of an adjournment or of the business to be transacted at an adjourned
meeting shall not be given. (15) Except where otherwise provided by the Act or by these Rules, all questions
shall be decided by a majority of the full members present in person or by proxy and
voting, and in all cases, including the case of contested election, the Chairman shall, in
the event of an equality of votes, have a deliberative and a casting vote. (16) A resolution put to the vote of the meeting shall be decided on a show of hands
of full members, unless a poll is, before or on the declaration of the result of the show of
hands, demanded by at least three full members. (17) A poll referred to in sub-rule (16) shall be taken in such manner as the
Chairman may direct and the result of the poll shall be by a resolution of the meeting. (18) Every full member present in person or by proxy shall have one vote, whether
on a show of hands or by a poll. (19) A person shall not act as a proxy unless he is entitled on his own behalf to be
present and to vote at the meeting at which he acts as a proxy.

. (19) A person shall not act as a proxy unless he is entitled on his own behalf to be
present and to vote at the meeting at which he acts as a proxy.

(20) A person shall appoint a proxy in writing to the secretary not latter than time
fixed for holding the meeting at which the person named in the proxy proposes to vote. 9. (1) The Chairman shall present a report on the general affairs of the Association
for the previous year at the Annual General Meeting. Reports and Accounts
(2) The Treasurer shall present the accounts of the Association for the year, for the
approval of the meeting at the Annual General Meeting. 10. (1) The Chairman, Vice-Chairman, Secretary and Treasurer and twelve other
members of the Council shall be elected at the Annual General Meeting in each year and
shall continue in office until the close of the next Annual General Meeting. Council Officers
(2) Any officer or member of the Council may resign by writing to the Council and, on
the acceptance of such resignation by the Council, his office shall become vacant. (3) The office of a member of the Council shall become vacant if-

n
the acceptance of such resignation by the Council, his office shall become vacant. (3) The office of a member of the Council shall become vacant if-

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(a) he becomes of unsound mind;
(b) an order in bankruptcy is made against him;
(c) he ceases to be a full member of the Association or abstains without
leave from attending three consecutive meetings of the Council, without
good cause and a resolution of the Council is passed declaring his
office to be vacant. (6) A casual vacancy on the Council may be filled by the election of another full
member by the remaining members of the Council, and such substitute shall hold office
until the expiration of the term of office of the Council. 11. (1) The seal of the Council shall be such device as may be determined by the
Council and shall be kept by the Secretary. Seal
(2) The affixing of the seal shall be authenticated by the Chairman or the
Vice-Chairman and the Secretary or one other person authorised in that behalf by a
resolution of the Council. (3) Any document purporting to be a document under the seal of the Council or
issued on behalf of the Council shall be received in evidence and shall be executed or
issued, as the case may be, without further proof, unless the contrary is proved. 12.

e Council shall be received in evidence and shall be executed or
issued, as the case may be, without further proof, unless the contrary is proved. 12.

(1) Subject to the other provisions of these rules the Council may regulate its
own procedure. Proceedings of
Council
(2) The Council shall meet for the transaction of business, at least once in every
three months at such places and at such times as the Chairman may decide. (3) Upon giving notice of not less than fourteen days, a meeting of the Council may
be called by the Chairman and shall be called if not less than one third of the members so
requested in writing:
Provided that if the urgency of any particular matter does not permit by the giving of
such notice, a special meeting may be called upon giving a shorter notice. (4) The quorum at any meeting of the Council shall be seven. (5) There shall preside at any meeting of the Council-

lled upon giving a shorter notice. (4) The quorum at any meeting of the Council shall be seven. (5) There shall preside at any meeting of the Council-

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(a) the Chairman;
(b) in the absence of the Chairman, the Vice-Chairman;
(c) in the absence of the Chairman and Vice-Chairman, such member as
the members present may elect from amongst themselves for the
purposes of that meeting. (6) A decision of the Council on any question shall be by the majority of the members
present and voting at the meeting and, in the event of an equality of votes, the person
presiding at the meeting shall have a casting vote in addition to his deliberative vote. (7) The Council may invite any person, whose presence in its opinion is desirable, to
attend and to participate in the deliberations of a meeting of the Council but such person
shall have no vote. (8) The validity of any proceedings, act or decision of the Council shall not be
affected by any vacancy in the membership of the Council or by any defect in the
appointment of any member or by reason that any person not entitled so to do took part in
the proceedings.

ship of the Council or by any defect in the
appointment of any member or by reason that any person not entitled so to do took part in
the proceedings.

(9) The Council shall cause minutes to be kept of the proceedings of every meeting
of the Council and every meeting of any committee established by the Council. 13. (1) The Council may, for the purposes of performing its functions under this Act,
establish committees and delegate to any such committee such of its functions as it thinks
fit. Committees
(2) The Council may appoint as members of a committee established under
subsection (1), persons who are or are not members of the Council and such persons
shall hold office for such period as the Council may determine. (3) Subject to any specific or general direction of the Council any committee
established under sub-rule (1), may regulate its own procedure. 14.

ine. (3) Subject to any specific or general direction of the Council any committee
established under sub-rule (1), may regulate its own procedure. 14.

(1) If a member is present at a meeting of the Council or any committee of the
Council at which any matter is the subject of consideration and in which matter the
member is the subject of consideration and in which matter the member or a member's
spouse is directly or indirectly interested in a private capacity, he shall, as soon as
practicable after the commencement of the meeting, disclose such interest and shall not,
unless the Council otherwise directs, take part in any consideration or discussion of, or
vote on, any question touching such matter. Disclosure of interest
(2) A disclosure of interest made under subsection (1) shall be recorded in the
minutes of the meeting at which it is made.

er. Disclosure of interest
(2) A disclosure of interest made under subsection (1) shall be recorded in the
minutes of the meeting at which it is made.

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15. (1) A member of the Council shall not without the consent in writing given by, or
on behalf of the Council, publish or disclose to any unauthorised person, otherwise than in
the course of his duties, the contents of any documents, communication or information
whatsoever, which relates to, and which has come to his knowledge in the course of his
duties under this Act. Prohibition of
publication or
disclosure of
information to
unauthorised persons
(2) Any person who contravenes the provisions of sub-rule (1) shall be guilty of
professional misconduct in terms of the Legal Practitioners Act, and shall be liable to
disciplinary proceedings in accordance with the Part IV of that Act. Cap. 30
(3) Any Council Member liable to disciplinary proceedings under sub-rule (2) shall be
suspended by the Council from performing his duties as a member of the Council. (4) Nothing contained in this Rule shall supersede, lessen, or interfere with the
powers vested in the Council and the Association to expel a member for misconduct. 16.

ned in this Rule shall supersede, lessen, or interfere with the
powers vested in the Council and the Association to expel a member for misconduct. 16.

Any question or difference between the Association and members or between
members relating to professional conduct, etiquette or practice, shall be resolved in
accordance with the Arbitration Act with such modifications as circumstances may permit. Arbitration
Cap. 40
17. Any notice required to be given under these Rules shall be given to any member
either personally or by sending it by post at the person's usual or last known address. Notices
18. These Rules may be amended by a Resolution of the Council, but no such
amendment shall come into force until such Rules have been approved by a resolution of
the Association at a general meeting. Amendment of Rules
19. The Law Society of Zambia (Private) Rules are hereby repealed. Revocation of the Law
Society of Zambia
(Private) Rules
Cap. 30

Amendment of Rules
19. The Law Society of Zambia (Private) Rules are hereby repealed. Revocation of the Law
Society of Zambia
(Private) Rules
Cap. 30

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SCHEDULE
(Rule 3 (3))
LAW ASSOCIATION OF ZAMBIA
MEMBERSHIP PROPOSAL FORM
To: The Secretary
Law Association of Zambia
I propose...................................................................................................................................................................................... Name of candidate
of.................................................................................................................................................................................................. .................................................................................................................................................................................................... .................................................................................................................................................................................................... Business and Residential Address
Tel..........................................................................

....................................... Business and Residential Address
Tel..........................................................................

Fax.............................................................................................................. Whose Qualifications are: (see notes below)
.................................................................................................................................................................................................... .................................................................................................................................................................................................... .................................................................................................................................................................................................... As a full/associate member* of the Association. *delete whichever is not applicable. PROPOSER'S NAME, ADDRESS.............................................................................................................................................. ....................................................................................................................................................................................................

......................................................................................................................................................

........................................................................................................................ Tel................................ Fax............................... SIGNED........................................................................................................ (PROPOSER) DATE............................................ I, undertake, if elected to membership of the Association, to conform to the Law Association of Zambia Act Chapter 31 and
the Rules of the Association. SIGNED ............................................................................................................ (CANDIDATE) DATE...................................... NOTES:
(1) A full member of the Association shall be a person qualified under paragraph (a) or (b) of subsection (2) of section
five of the Law Association of Zambia Act. (2) An associate member shall be a person ordinarily resident in Zambia who-
(a) qualifies under section six of the Legal Practitioners Act; or
(b) qualifies to practise as a solicitor, attorney, barrister or advocate in any country which is a member of the
Commonwealth of Nations.

ers Act; or
(b) qualifies to practise as a solicitor, attorney, barrister or advocate in any country which is a member of the
Commonwealth of Nations.

(3) A candidate who qualifies to be a member shall be proposed by a full member in writing i.e. by completing this form
which should be addressed to the Secretary. (4) A candidate being proposed shall undertake, if elected, to conform to the said Act and the rules of the Association. (5) A person who has been duly proposed for membership and is qualified to be a member of the Association shall apply
for such membership to the Council of the Association by lodging this proposal form with the Secretary of the Association
after paying the prescribed fees.