National HIV/ AIDS/ STI/ TB Council

National HIV/AIDS/STI/TB
Council
[No. 10 of 2002 95
GOVERNMENT OF ZAMBIA
ACT
No. 10 of 2002
Date of Assent: 31st December, 2002
An Act to establish the National HIV/AIDS/STI/TB Council,
define its functions and provide for its composition; to
constitute the Secretariat of the Council, define its functions
and provide for its composition; and to provide for matters
connected with or incidental to the foregoing. [31st December, 2002
ENACTED by the Parliament of Zambia. PART 1
PRELIMINARY
1. This Act may be cited as the National HIV/AIDS/STI/TB
Council Act, 2002 and shall come into operation on such date as
the Minister may, by statutory instrument, appoint. 2.

as the National HIV/AIDS/STI/TB
Council Act, 2002 and shall come into operation on such date as
the Minister may, by statutory instrument, appoint. 2.

In this Act, unless the context otherwise requires—
" appointed date " means the date appointed by the Minister
under section one;
" AIDS " means Acquired Immune Deficiency Syndrome;
" committee " means a committee of the Council constituted
under section nine;
" Council" means the National HIV/AIDS/STI/TB Council
established under section three;
" Director-General " means the person appointed Director-
General of the Council under section fourteen;
" HIV " means Human Immune Deficiency Virus;
" Member" means a person appointed member of the Council
under section five;
" STI " means Sexually Transmitted Infections;
" TB " means tuberculosis;
Enactment
Short title
and
commence
ment
Interpretation

l
under section five;
" STI " means Sexually Transmitted Infections;
" TB " means tuberculosis;
Enactment
Short title
and
commence
ment
Interpretation

96 No. 10 of 2002] National HIV/AIDS/STI/TB
Council
" secretariat " means the Secretariat of the Council
constituted under section thirteen; and
Cap. 287 " traditional leader " means a person appointed Chief under
the Chiefs Act. PART II
THE NATIONAL HIV/AIDS /STI /TB COUNCIL
3. There is hereby established the National fflV/AIDS/STlTTB
Council which shall be a body corporate with perpetual succession
and a common seal, capable of suing and being sued in its
corporate name, and with power, subject to this Act, to do all
such acts and things as a body corporate may by law do or perform. Functions of 4. (1) The functions of the Council shall be to coordinate
Council and support the development, monitoring and evaluation of the
multi-sectoral national response for the prevention and combating
of the spread of HIV, AIDS, STI and TB in order to reduce the
personal, social and economic impacts of HIV, AIDS, STI and
TB.

prevention and combating
of the spread of HIV, AIDS, STI and TB in order to reduce the
personal, social and economic impacts of HIV, AIDS, STI and
TB.

(2) Without prejudice to the generality of subsection (1) the
functions of the Council shall be to—
(a) support the development and coordination of policies,
plans and strategies for the prevention and combating
of HIV, AIDS, STI and TB for health and other
institutions concerned with the prevention and
combating of HIV, AIDS, STI and TB;
(b) advise the Government, health institutions and other
organisations on the policies, strategies and plans to
prevent and combat HIV, AIDS, STI and TB;
(c) ensure the provision and dissemination of information
and education on HIV, AIDS, STI and TB;
(d) develop a national HIV, AIDS, STI and TB research
agenda and strategic plan which shall include the quest
for a cure for HIV, AIDS as one of the research
priorities;
(e) support programmes relating to prevention, care, and
treatment of HIV, AIDS, STI and TB;
(f) mobilise resources to promote and support identified
priority interventions including research in areas
related to HIV, AIDS, STI and TB;
(g) provide technical support and guidelines to health and
other institutions involved in the—
Establishment
of Council

ated to HIV, AIDS, STI and TB;
(g) provide technical support and guidelines to health and
other institutions involved in the—
Establishment
of Council

National HIV/AIDS/STI/TB [No. 10 of 2002 97
Council
(i) prevention and treatment of HIV, AIDS, STI and
TB; and
(ii) care and support of persons infected with or
affected by HIV, AIDS, STI and TB;
(h) collaborate with other research institutions in relation to
HIV, AIDS, STI and TB; and
(i) undertake such other activities as are conducive or
incidental to its functions under this Act. 5.

tions in relation to
HIV, AIDS, STI and TB; and
(i) undertake such other activities as are conducive or
incidental to its functions under this Act. 5.

(1) The Council shall consist of the following members Composition
appointed by the Minister: of Council
(a) Permanent Secretaries in the Ministries responsible for—
(i) community development and social welfare;
(ii) education;
(iii) health;
(iv) sport, youth and child development;
(b) a representative nominated by each of the following
organisations or bodies, as the case may be:
(i) Network of Zambian People Living with HIV
and AIDS;
(ii) Z a m b i a Network of N o n - g o v e r n m e n t a l
Organisations on HIV and AIDS;
(iii) Forum for Youth Organisations;
(iv) religious organisations;
(v) General Nursing Council;
(vi) Medical Council of Zambia;
(c) a representative of the Attorney-General;
(d) a representative of the media sector;
(e) a representative of a traditional healers' association; and
(f) two persons from amongst members of the public.

epresentative of the media sector;
(e) a representative of a traditional healers' association; and
(f) two persons from amongst members of the public.

98 No. 10 of 2002] National HIV/AIDS/STI/TR
Council
Tenureor
office of
members
Filling of
casual
vacancy
(2) In appointing or nominating persons to the Council the
nominating or appointing authority shall take into account the
need for gender balance, age and geographical representation on
the Council. (3) The Chairperson shall be appointed by the Minister from
amongst the members referred to in subsection (1) and the Vice
Chairperson shall be elected by the members from amongst
themselves. 6. (1) A member referred to in subsection (1) of section five
shall hold office for a period of three years from the date of
appointment and shall be eligible for reappointment for a further
period of three years. (2) A member referred to in subsection (1) may resign upon
giving one month's notice in writing to the organisation which
nominated the member and to the Minister.

referred to in subsection (1) may resign upon
giving one month's notice in writing to the organisation which
nominated the member and to the Minister.

(3) The office of a member shall become vacant—
(a) upon the death of a member;
(b) if the member is absent without reasonable excuse from
three consecutive meetings of the Council of which
the member has had notice;
(c) on member ceasing to hold office by virtue of Which1
the
member was appointed;
(d) if the member resigns under subsection (2);
(e) if the member is convicted of a criminal offence and
sentenced to imprisonment for a period exceeding six
months; or
(f) if a member is declared bankrupt. 7. Whenever the office of a member becomes vacant before
the expiry of the term of office, the Minister may appoint another
member in place of the member who vacates the office; but that
member shall hold office only for the unexpired part of the term.

r may appoint another
member in place of the member who vacates the office; but that
member shall hold office only for the unexpired part of the term.

National HIV/AIDS/STI/TB [No. 10 of 2002 99
Council
8. (1) Subject to the other provisions of this Act, the Council Proceedings
may regulate its own procedure. of Council
(2) The Council shall meet for the transaction of business, at
least once in every three months at such places and at times as
the Chairperson may decide. (3) Upon giving notice of not less than fourteen days, a
meeting of the Council may be called by the Chairperson and
shall be called if not less than one third of the members so request
in writing:
Provided that if the urgency of any particular matter does not
permit 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 eight
members. (5) There shall preside at any meeting of the Council—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice -Chairperson;
or
(c) in the absence of the Chairperson, and Vice-Chairperson,
such member as the members present may elect from
amongst themselves for the purpose of that meeting.

bsence of the Chairperson, and Vice-Chairperson,
such member as the members present may elect from
amongst themselves for the purpose of that meeting.

(6) A decision of the Council on any question shall be by a
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 that person's
deliberative vote. (7) Where a member referred to in paragraphs (c), (d) and (e)
of subsection (1) of section five is for any reasonable cause unable
< J i n.ee "s; " ^ '~\ " t i c I t i l v , n >x. t i " i _
.aoiinaate another semo: Officer fov: -,i:e V M - . O o, ^ . s r ^ - i o n , u
- ,i J i t ? ! >„ i\ u i f i 'ia e
memoer lor tne purpose oi such meeting. (8) The Council may Invite any person whose presence is ia
its opinion desirable to attend and to participate in thz
deliberations of a meeting of the Coua;il, but such person shaii
have no vote.

resence is ia
its opinion desirable to attend and to participate in thz
deliberations of a meeting of the Coua;il, but such person shaii
have no vote.

100 No. 10 of 2002] National HIV/AIDS/STI/TB
Council
Committees
of Council
Allowances
of members
Disclosure of
interest
(9) 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. (10) 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. 9. (1) The Council may, for the purpose of performing its
functions under this Act establish committees and delegate to
any such committee any of its functions as it thinks fit. (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 periods as the Council may determine. (3) A committee of the Council may invite any person whose
presence is in its opinion desirable, to attend and to participate in
the deliberations of a meeting of the committee, but such person
shall have no vote.

ence is in its opinion desirable, to attend and to participate in
the deliberations of a meeting of the committee, but such person
shall have no vote.

(4) Subject to any specific or general direction of the Council,
any committee established under subsection (1) may regulate its
own procedure. | I
10. The members and members of committees of the Council
shall be paid such allowances as the Council may with the
approval of the Minister, determine. 11. (1) If a member or person 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 or
person or member's spouse or person's spouse is directly or
indirectly interested in a private capacity, the member or person
shall, as soon as is practicable after the commencement of the
meeting, disclose such interest and shall not unless the Council
or committee otherwise directs, take part in any consideration or
discussion of, or vote on, any question touching such matter. (2) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made.

estion touching such matter. (2) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made.

National HIV/AIDS /STI/TB
Council
[No. 10 of 2002 101
12. (1) A person shall not, without the consent in writing given
by or on behalf of the Council, publish or disclose to any
unauthorised person, other than in the course of duties, the
contents of any documents, communication or information
whatsoever, which relates to, and which has come to the person's
knowledge in the course of that person's duties under this Act. (2) Any person who contravenes the provision of subsection
(1) commits an offence and is liable, upon conviction, to a fine
not exceeding ten thousand penalty units or to imprisonment for
a term not exceeding three months, or to both. (3) If any person having any information which to that
p e r s o n ' s knowledge has been published or disclosed in
contravention of subsection (1), unlawfully, publishes or
communicates any such information to any other person, that
person commits an offence and is liable, upon conviction, to a
fine not exceeding ten thousand penalty units or to imprisonment
for a term not exceeding three months or to both. PART III
SECRETARIAT
13.

tion, to a
fine not exceeding ten thousand penalty units or to imprisonment
for a term not exceeding three months or to both. PART III
SECRETARIAT
13.

(1) There is hereby constituted the Secretariat of the
Council which shall have the function of implementing Council
decisions including the development of technical guidelines for
the coordination of the multi sectoral-national response for the—
(a) prevention of HIV, AIDS, STI and TB and the treatment
and care of persons infected with HIV, AIDS, STI and
TB; and;
(b) care and support of persons infected with or affected by
HIV, AIDS, STI and TB.

ment
and care of persons infected with HIV, AIDS, STI and
TB; and;
(b) care and support of persons infected with or affected by
HIV, AIDS, STI and TB.

(2) Without prejudice to the generality of subsection (1) the
Secretariat shall—
(a) ensure accessibility of HIV, AIDS, STI and TB
information to the public throughout the country;
(b) assist in the development of guidelines for the screening
of blood and blood related products in accordance with
international standards in order to prevent the spread
of HIV, AIDS, STI and TB;
(c) in consultation with health institutions and other
stakeholders, develop guidelines for community based
care for combating of HIV, AIDS, STI and TB and
develop mechanisms for linkages between community
based care and other health care systems;
Prohibition of
publication or
disclosure of
information
to
unauthorised
person
Constitution
of Secretariat
and definition
of its
functions

re systems;
Prohibition of
publication or
disclosure of
information
to
unauthorised
person
Constitution
of Secretariat
and definition
of its
functions

102 No. 10 of 2002] National HIV/AIDS/STI/TB
Council
Director-
General,
Secretary and
other staff of
Secretariat
(d) in consultation with other institutions and stakeholders
involved in the fight against HIV, AIDS, STI and TB,
develop strategies for appropriate interventions
targeted at the most vulnerable populations;
(e) develop mechanisms and guidelines to ensure speedy,
effective and direct delivery of resources and materials
to affected communities and groups;
(f) develop guidelines for—
(i) testing in respect of HIV, AIDS, STI and TB;
and
(ii) counselling for persons infected with or affected
by HIV, AIDS, STI and TB;
(g) develop a data bank for HIV, AIDS, STI and TB;
(h) develop guidelines for securing the human rights of
persons with HIV and AIDS;
(i) strengthen the collaboration between traditional health
practitioners and conventional practitioners dealing
with HIV and AIDS;
(j) facilitate the formation of support groups to combat the
stigmatisation, discrimination and denial in respect of
HIV and AIDS;
(k) perform any other function assigned to it by the Council. 14.

to combat the
stigmatisation, discrimination and denial in respect of
HIV and AIDS;
(k) perform any other function assigned to it by the Council. 14.

(1) Subject to subsection (2), the Council shall, appoint
the Director-General of the Council who shall be the Chief
Executive Officer of the Council and the Secretariat and who
shall, subject to the control and direction of the Council, be
responsible for the implementation of the decisions of the Council. (2) The terms and conditions of service of the Director-General
shall be determined by the Council, with the approval of the
Minister. (3) The Director-General shall be the Secretary to the Council. (4) The Council may appoint on such terms and conditions as
it may determine, such other staff of the Secretariat as it considers
necessary for the performance of its functions under this Act. (5) The provisions of section twelve shall apply with necessary
modifications to the staff of the Secretariat.

rmance of its functions under this Act. (5) The provisions of section twelve shall apply with necessary
modifications to the staff of the Secretariat.

National HIV/AIDS/STI/TB [No. 10 of 2002 103
Council
PART IV
FINANCIAL PROVISIONS
15. (1) The funds of the Council shall consist of such moneys Funds for
as may— Council
fa) be appropriated by Parliament for the purposes of the
Council;
(b) be paid to the Council by way of fees, levy, grants or
donations; or
(c) vest in or accrue to the Council. (2) The Council may—
(a) accept moneys by way of grants or donations from any
source in Zambia and, subject to the approval of the
Minister, from any source outside Zambia;
(b) raise money, from any source in Zambia and subject to
the approval of the Minister, from any source outside
Zambia, as it may require for the discharge of its
functions', and
(c) charge and collect fees in respect of programmes,
seminars and other activities conducted by the Council.

for the discharge of its
functions', and
(c) charge and collect fees in respect of programmes,
seminars and other activities conducted by the Council.

(3) There shall be paid from the funds of the Council—
(a) such moneys as may be required for the operations of
the Council in accordance with its functions under this
Act;
(b) salaries; allowances and loans of the staff of the
secretariat of the Council;
(c) such reasonable sitting, travelling, transport and
subsistence allowances for member and for members
of any committee of the Council when engaged in the
business of the Council, at such rates as the Council,
with the approval of the Minister, may determine; and
(d) any other expenses incurred by the Council in the
performance of its functions. (4) The Council may invest in such manner as it thinks fit
such of its funds as it does not immediately require for the
performance of its functions. (5) The Council may establish a National HIV and AIDS Fund
for the purpose of—
(a) encouraging special initiatives in the multi-sectoral
approaches for the prevention and combating of HIV,
AIDS, STI and TB; and

or the purpose of—
(a) encouraging special initiatives in the multi-sectoral
approaches for the prevention and combating of HIV,
AIDS, STI and TB; and

104 No. 10 of 2002] National HIV/AIDS/ STI/TB
Council
(b) promoting research and development in HIV, AIDS, STI
and TB. (6) The Minister may, by statutory instrument, regulate the
management and administration of the National HIV and AIDS
Fund. Financial 16. The financial year of the Council shall be the period of
year twelve months ending on the 3 1 s t
of December, in each year. Accounts 17. (1) The Council shall cause to be kept proper books of
account and other records relating to its accounts. (2) The accounts of the Council shall be audited annually by
independent auditors appointed by the Council. Annual 18. (1) As soon as it is practicable, but not later than six months
reports after the expiry of each financial year, the Council shall submit
to the Minister a report concerning its activities during such
financial year.

ports after the expiry of each financial year, the Council shall submit
to the Minister a report concerning its activities during such
financial year.

(2) The report referred to in paragraph (1) shall include
information on the financial affairs of the Council and there shall
be appended thereto—
(a) an audited balance sheet;
(b) an audited statement of income and expenditure;
(c) an audited statement of income and expenditure of the
National HIV and AIDS Fund; and
(d) such other information as the Minister may require. (3) The Minister shall, not later than thirty days after the first
sitting of the National Assembly next after receipt of the report
referred to in sub-section (1), lay it before the National Assembly. Regulations 19. The Minister may, by statutory instrument, make
regulations for the better carrying out of the purposes of this Act.