Public Roads (Amendment) Act, 2022

An Act to amend the Public Roads Act, 2002. [11th August, 2022
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Public Roads (Amendment)
Act, 2022, and shall be read as one with the Public Roads Act,
2002, in this Act referred to as the principal Act. 2. Section 2 of the principal Act is amended by the insertion
of the following new definitions in the appropriate places in
alphabetical order:
“associate” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“Board” means the Board of the Agency constituted under
section 6;
“Chairperson” means a person appointed as Chairperson of
the Board under section 6;
“Emoluments Commission” means the Emoluments
Commission established under the Constitution;
“legally disqualified” means the absence of legal capacity
as provided under section 4 of the Mental Health Act,
2019;
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012; and
“Vice-Chairperson” means the person elected as Vice-
Chairperson of the Board under section 6;. Public Roads (Amendment) [No. 9 of 2022 131
Enactment
Short title
Act No. 3 of
2012
Cap. 1
Amendment
of section 2
Act No. 12
of 2002
Act No.

ction 6;. Public Roads (Amendment) [No. 9 of 2022 131
Enactment
Short title
Act No. 3 of
2012
Cap. 1
Amendment
of section 2
Act No. 12
of 2002
Act No.

3 of
2019
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 9 of 2022
Date of Assent: 9th August, 2022
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K40.00 each.

te of Assent: 9th August, 2022
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K40.00 each.

132 No. 9 of 2022] Public Roads (Amendment)
3. The principal Act is amended by the repeal of section 6
and the substitution therefor of the following:
6. (1) There is constituted a Board of the Agency
which consists of the following part-time members
appointed by the Minister:
(a) a representative each of the Ministries
responsible for—
(i) local government;
(ii) infrastructure; and
(iii) finance;
(b) a representative of the Attorney-General;
(c) a representative of the Engineering Institution
of Zambia;
(d) a representative of the Zambia Chartered
Institute of Logistics and Transport;
(e) the Director of the Road Transport and Safety
Agency;
(f) the Director of the National Road Fund
Agency; and
(g) a person with proven knowledge and experience
in matters relevant to this Act. (2) The Director of the Road Transport and Safety
Agency and the Director of the National Road Fund
Agency referred to under subsection (1) (e) and (f) shall
be ex-officio members of the Board and shall have no
vote. (3) The ministries and institutions referred to under
subsection (1) (a), (b), (c) and (d) shall nominate their
representatives for appointment by the Minister.

nistries and institutions referred to under
subsection (1) (a), (b), (c) and (d) shall nominate their
representatives for appointment by the Minister.

(4) The Minister shall appoint the Chairperson from
among the members. (5) The members shall elect the Vice-Chairperson from
among themselves. Board of
Agency
Repeal and
replacement of
section 6

on from
among the members. (5) The members shall elect the Vice-Chairperson from
among themselves. Board of
Agency
Repeal and
replacement of
section 6

Public Roads (Amendment) [No. 9 of 2022 133
(6) A person shall not be appointed as a member of the
Board if that person—
(a) is not a citizen;
(b) is an employee of the Agency;
(c) is convicted of an offence under this Act or any
written law and is sentenced to imprisonment for
a period exceeding six months without the option
of a fine;
(d) is legally disqualified; or
(e) is an undischarged bankrupt. 4. The principal Act is amended by the repeal of section 7 and
the substitution therefor of the following:
7. (1) Subject to this Act, the Board shall perform the
functions of the Agency and provide strategic policy
direction to the Agency. (2) Despite subsection (1), the functions of the Board are
to —
(a) promote effective corporate governance of the
Agency;
(b) formulate the policies and strategies of the
Agency;
(c) approve documents of a policy nature of the
Agency; and
(d) approve the annual budget estimates and financial
statements of the Agency. 5. The principal Act is amended by the repeal of section 8 and
the substitution therefor of the following:
8.

and financial
statements of the Agency. 5. The principal Act is amended by the repeal of section 8 and
the substitution therefor of the following:
8.

(1) The Board may, by direction in writing and on
conditions that the Board considers necessary, delegate to
the Director any of its functions under this Act. (2) A delegation made under subsection (1) shall not prevent
the Board from performing the function so delegated. 6. The principal Act is amended by the insertion of the
following new section immediately after section 8:
Repeal and
replacement
of section 7
Functions of
Board
Repeal and
replacement
of section 8
Delegation
of functions
Insertion of
section 8A

section 8:
Repeal and
replacement
of section 7
Functions of
Board
Repeal and
replacement
of section 8
Delegation
of functions
Insertion of
section 8A

8A. (1) The Board shall appoint a Director who shall
be the chief executive officer of the Agency and, subject
to the control of the Board, responsible for the day to
day administration of the Agency. (2) The Director shall attend meetings of the Board
as an ex-officio member and may address those
meetings, but shall not vote on any matter. (3) The Board shall appoint the Secretary and other staff
that are necessary for the performance of the functions
of the Board. (4) The Secretary shall perform corporate secretarial
duties for the Board under the general direction of the
Board and the Director. (5) The Emoluments Commission shall, on the
recommendation of the Board, determine the
emoluments of the Director, Secretary and other staff
of the Agency. (6) The Board shall determine the terms and conditions
of service, other than emoluments, of the Director and
other staff of the Agency. 7. The principal Act is amended by the insertion of the
following new section immediately after section 76:
76A.

rector and
other staff of the Agency. 7. The principal Act is amended by the insertion of the
following new section immediately after section 76:
76A.

(1) Where a judgment or court order is obtained
against the Agency, no execution, attachment or process
of any nature shall be issued against the Agency or
against any property of the Agency. (2) Despite subsection (1), the Agency shall cause to
be paid out of the Agency’s revenues, such amounts of
money as may, by judgment or court order, be awarded
against the Agency to the person entitled to the money. 8. The principal Act is amended by the repeal of the First
Schedule and the substitution therefor of the Schedule set out
in the Appendix. 134 No. 9 of 2022] Public Roads (Amendment)
Director,
Secretary and
other staff
Insertion
of section 76A
Repeal and
replacement of
First Schedule
Execution
of judgement

Public Roads (Amendment)
Director,
Secretary and
other staff
Insertion
of section 76A
Repeal and
replacement of
First Schedule
Execution
of judgement

Public Roads (Amendment) [No. 9 of 2022 135
APPENDIX
(Section 8)
FIRST SCHEDULE
(Section 3)
PART I
ADMINISTRATION OF AGENCY
1. (1) The seal of the Agency shall be a device that may be
determined by the Board and shall be kept by the Secretary. (2) The affixing of the seal shall be authenticated by the
Chairperson or Vice-Chairperson, the Director or any other person
authorised in that behalf by a resolution of the Board. (3) A contract or instrument which, if entered into or executed
by a person not being a body corporate, would not be required
under seal, may be entered into or executed without seal on behalf
of the Agency, the Director or any other person generally or
specifically authorised by the Board in that behalf. (4) A document purporting to be a document under the seal of
the Agency shall be received in evidence and shall be deemed to
be so executed or issued without further proof, unless the contrary
is proved. 2. (1) A member of the Board shall, subject to the other
provisions of this Act, hold office for a term of three years and
may be re-appointed for a further and final term of three years.

ubject to the other
provisions of this Act, hold office for a term of three years and
may be re-appointed for a further and final term of three years.

(2) A member of the Board shall, on the expiration of the term
for which a member is appointed, continue to hold office until
another member is appointed, but in no case shall the extension of
the term exceed three months. (3) The office of a member becomes vacant if that member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) is absent from three consecutive meetings of the
Board, of which the member has had notice, without
the prior approval of the Board;
(d) resigns by notice, in writing, to the Minister;
Seal
of Agency
Tenure
of office for
members and
vacancy

, without
the prior approval of the Board;
(d) resigns by notice, in writing, to the Minister;
Seal
of Agency
Tenure
of office for
members and
vacancy

(e) is legally disqualified from performing the
functions of a member;
(f) is convicted of an offence under this Act or any
written law and is sentenced to imprisonment for
a period exceeding six months without the option
of a fine; or
(g) ceases to be a representative of the ministry,
institution, or organisation that nominated the
member. (4) The Minister shall, where there is a vacancy in the
membership of the Board, appoint another person to replace
that member but the person appointed shall hold office for the
remainder of that term. 3. (1) Subject to this Act, the Board may regulate its
own procedure. (2) The Board shall meet at least once every three months
for the transaction of business at a place and time that the Board
may determine. (3) The Chairperson may, on giving notice of not less than
fourteen days, call a meeting of the Board, if one third or more
of the members so request, in writing, except that if the urgency
of a particular matter does not permit the giving of notice, a
special meeting may be called on giving shorter notice. (4) Five members of the Board shall form a quorum at a
meeting of the Agency.

ing of notice, a
special meeting may be called on giving shorter notice. (4) Five members of the Board shall form a quorum at a
meeting of the Agency.

(5) There shall preside at a meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-
Chairperson; or
(c) in the absence of both the Chairperson and the
Vice-Chairperson, a member elected from among
the members present at the meeting for the purpose
of that meeting. (6) A decision of the Board on any question shall be by a
majority of 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 a deliberative
vote. 136 No. 9 of 2022] Public Roads (Amendment)
Proceedings of
Board

residing at the
meeting shall have a casting vote in addition to a deliberative
vote. 136 No. 9 of 2022] Public Roads (Amendment)
Proceedings of
Board

Public Roads (Amendment) [No. 9 of 2022 137
(7) Where a member is for any reason unable to attend the
meeting of the Board, the member may, in writing, nominate
another person from the same ministry, institution or organisation
to attend the meeting in that member’s place and that person shall
be considered to be a member for the purpose of that meeting but
that person shall have no vote. (8) The Board may invite a person whose presence is in the
Board’s opinion desirable to attend and participate in the
deliberation of a meeting, but that person shall have no vote. (9) The Board shall cause minutes to be kept of the
proceedings of every meeting of the Board and any committee
established by the Board. 4. (1) The Board may, for the purposes of performing its
functions, constitute committees that it considers necessary and
delegate to the committees any of its functions or the functions of
the Agency. (2) The Board may appoint, as members of a committee,
persons who are or are not members of the Board and those persons
shall hold office for a period that the Board may determine.

members of a committee,
persons who are or are not members of the Board and those persons
shall hold office for a period that the Board may determine.

(3) A committee shall have the power to invite any person
whose presence, in its opinion, is desirable to attend and participate
in the deliberations of the meeting of the committee but that person
shall have no vote. (4) A person presiding at a meeting of a committee shall cause
a record to be kept of the proceedings of the meeting and shall
cause to be submitted to the Board that record, as soon as possible
after a meeting of the committee. (5) Subject to any specific or general direction of the Board
and other provisions of this section, a committee may regulate its
own procedure at a meeting. 5. A member of the Board or any committee of the Board
shall be paid allowances that the Emoluments Commission may,
on the recommendation of the Minister, determine. Committees
Allowances

ttee of the Board
shall be paid allowances that the Emoluments Commission may,
on the recommendation of the Minister, determine. Committees
Allowances

6. (1) If any person is present at a meeting of the Board
or a committee of the Board at which any matter, in which that
person or any member of that person’s relative or associate is
directly or indirectly interested in a private capacity, is the subject
of consideration, that person shall, as soon as practicable during
the meeting disclose that interest and shall not, unless the Board
or the committee otherwise directs, take part in any consideration
or discussion of, or vote on, any question relating to that matter. (2) A disclosure of interest made under this paragraph shall
be recorded in the minutes of the meeting at which the disclosure
is made. 7. (1) A person shall not, without the consent in writing
given by or on behalf of the Board or as otherwise permitted by
any written law, publish or disclose to any other person,
otherwise than in the course of that person’s duties, the contents
of any document, communication or information whatsoever,
which relates to, and which has come to that person’s knowledge
in the course of, that person’s duties under this Act.

tion or information whatsoever,
which relates to, and which has come to that person’s knowledge
in the course of, that person’s duties under this Act.

(2) A person who contravenes subparagraph (1) commits
an offence and is liable, on conviction, to a fine not exceeding
two hundred thousand penalty units or to imprisonment for a
term not exceeding two years, or to both. (3) A person who, having information which to the
knowledge of that person has been published or disclosed in
contravention of subparagraph (1), unlawfully publishes or
communicates that information to any other person, that person
commits an offence and is liable, on conviction, to a fine not
exceeding two hundred thousand penalty units or to
imprisonment for a period not exceeding two years, or to both. (4) Nothing in this section shall be interpreted to prohibit
the publication and dissemination of a final decision of the
Board. 8. An action or other proceeding shall not lie or be
instituted against a member of the Board, a member of the
committee of a Board or a member of staff of the Agency, for or
in respect of any act or thing done or omitted to be done in good
faith in the exercise or performance of any of the powers or
functions conferred under this Act. Disclosure of
interest
138 No.

ted to be done in good
faith in the exercise or performance of any of the powers or
functions conferred under this Act. Disclosure of
interest
138 No.

9 of 2022] Public Roads (Amendment)
Prohibition of
publication or
disclosure of
information to
u n a u t h o r i s e d
person
Immunity

9 of 2022] Public Roads (Amendment)
Prohibition of
publication or
disclosure of
information to
u n a u t h o r i s e d
person
Immunity

Public Roads (Amendment) [No. 9 of 2022 139
PART II
FINANCIAL PROVISIONS
9. (1) The Funds of the Agency consist of money that
may—
(a) be appropriated to the Agency by Parliament;
(b) be paid to the Agency by way of fees, grants or
donations; and
(c) vest in or accrue to the Agency. (2) The Agency may, subject to the approval of the minister
responsible for finance —
(a) accept monies by way of grants or donations from
any source in the Republic and from any source
outside the Republic;
(b) raise, by way of loans or otherwise, money that the
Agency may require for the performance of its
functions; or
(c) charge and collect fees in respect of programmes,
publications, seminars, consultancy and other
services provided by the Agency.

its
functions; or
(c) charge and collect fees in respect of programmes,
publications, seminars, consultancy and other
services provided by the Agency.

(3) There shall be paid from the funds of the Agency—
(a) salaries, allowances, loans, gratuities and pensions
of the staff of the Agency;
(b) reasonable travelling and subsistence allowances for
members of the Board and members of a committee
of the Board, when engaged on the business of the
Agency and at rates that the Emoluments
Commission may, on the recommendation of the
Minister, determine; and
(c) any other expenses incurred by the Agency in carrying
out its functions under this Act. (4) Subject to the Public Finance Management Act, 2018, the
Agency may invest, in a manner that the Agency considers
appropriate, funds of the Agency that the Agency does not
immediately require for the performance of the Agency’s functions. Funds
of Agency
Act No. 1 of
2018

ate, funds of the Agency that the Agency does not
immediately require for the performance of the Agency’s functions. Funds
of Agency
Act No. 1 of
2018

140 No. 9 of 2022] Public Roads (Amendment)
10. The financial year of the Agency shall be a period of
twelve months ending on 31st December of each year. 11. (1) The Board shall cause to be kept proper books of
accounts and other records relating to the accounts of the Agency. (2) The accounts of the Agency shall be audited
annually by the Auditor-General or an auditor appointed by the
Auditor-General. (3) The fees for the Auditor-General or an auditor appointed
by the Auditor-General shall be paid by the Agency. 12. (1) The Board shall, as soon as practicable, but not
later than ninety days after the end of the financial year, submit
to the Minister a report concerning the Agency’s activities during
the financial year. (2) The report under subsection (1), shall include
information on the financial affairs of the Agency and there shall
be appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) other information that the Minister may require.

ment of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) other information that the Minister may require.

(3) The Minister shall, not later than seven days after the
first sitting of the National Assembly next after receipt of the
report under subsection (1), lay the report before the National
Assembly. Accounts
Annual report
Financial year