The Information and Communications Technology Association of Zambia Act, 2018

Information and Communications Technology
Association of Zambia [No. 7 of 2018 151
THE INFORMATION AND COMMUNICATIONS
TECHNOLOGY ASSOCIATION OF ZAMBIA ACT,
2018
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Sections
1. Short title and commencement
2. Interpretation
PART II
THE INFORMATION AND COMMUNICATIONS TECHNOLOGY ASSOCIATION
OF ZAMBIA
3. Continuation and renaming of Computer Society of Zambia
4. Functions of Association
5. Association Constitution
6. President and Vice-President of Association
PART III
EXECUTIVE COUNCIL OF THE ASSOCIATION
7. Constitution of Council
8. Functions of Council
9. Registrar
10. Committees
PART IV
MEMBERSHIP REGISTRATION BOARD
11. Membership Registration Board
12. Functions of Board
13. Registration of information and communications technology
professionals
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K68.00 each.

tions technology
professionals
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K68.00 each.

Information and Communications Technology
152 No. 7 of 2018] Association of Zambia
PART V
MEMBERSHIP, REGISTRATION AND PRACTISING
CERTIFICATE
14. Classes of membership
15. Recognition of foreign qualifications
16. Certificate of registration
17. Membership fees
18. Suspension or expulsion of information and communications
technology professional
19. Titles for registered information and communications
technology professionals
20. Holding out
21. Application for practising certificate
22. Prohibition of establishment of practice without certificate
23. Display of certificate
24. Renewal of certificate
25. Cancellation of practising certificate
26. Registration of firms
27. Registration of information and communications technology
students
28. Registers
29. Removal and restoration of name on Register
30. Disqualification
31. Offences regarding information and communications
technology professionals
32. Information and communications technology standards
33. Re-registration
34. Duplicate certificate of registration
35. Fees for information and communications technology
professional services
36. Exemption

. Re-registration
34. Duplicate certificate of registration
35. Fees for information and communications technology
professional services
36. Exemption

PART VI
REGIONS AND BRANCHES
37. Regions
38. Branches
PART VII
PROFESSIONAL ETHICS AND COMPLIANCE COMMITTEE
39. Code of Ethics
40. Professional Ethics and Compliance Committee
41. Initiation of disciplinary action
42. Functions of Professional Ethics and Compliance
Committee
43. Proceedings of Professional Ethics and Compliance
Committee
44. Professional misconduct
45. Powers of Professional Ethics and Compliance Committee
46. Reports by Professional Ethics and Compliance
Committee
47. Appeals
48. Rules by Chief Justice
49. Rules relating to disciplinary proceedings
PART VIII
GENERAL PROVISIONS
50. Change in particulars
51. Prohibition of transfer of certificate
52. Jurisdiction over acts committed outside Zambia
53. Offences by principal officer or shareholder of body
corporate or unincorprate body
Information and Communications Technology
Association of Zambia [No. 7 of 2018 153

54. General penalty
55. Guidelines
56. Regulations
57. Savings and transitional provisions
SCHEDULES
Information and Communications Technology
154 No. 7 of 2018] Association of Zambia

s
56. Regulations
57. Savings and transitional provisions
SCHEDULES
Information and Communications Technology
154 No. 7 of 2018] Association of Zambia

An Act to establish the Information and Communications
Technology Association of Zambia and provide for its
functions; provide for the registration of information and
communications technology professionals and regulate
their professional conduct in the interest of the
information and communications technology sector; and
provide for matters connected with, or incidental to, the
foregoing. [31st July, 2018
ENACTED by the Parliament of Zambia
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Information and
Communications TechnologyAssociation of Zambia Act, 2018, and
shall come into operation on the date appointed by the Minister by
statutory instrument. 2. In this Act, unless the context otherwise requires—
“ allied discipline ” means a discipline determined as such by
the Association;
“ Association ” means the Information and Communications
Technology Association of Zambia established under
section 3;
“ Authority ” has the meaning assigned to the word in the
Information and Communications Technologies Act, 2009;
Information and Communications Technology
Association of Zambia [No. 7 of 2018 155
Enactment
Short title
and
commencement
Interpretation
Act No.

2009;
Information and Communications Technology
Association of Zambia [No. 7 of 2018 155
Enactment
Short title
and
commencement
Interpretation
Act No.

15 of
2009
GOVERNMENT OF ZAMBIA
ACT
No. 7 of 2018
Date of Assent: 28th July, 2018

15 of
2009
GOVERNMENT OF ZAMBIA
ACT
No. 7 of 2018
Date of Assent: 28th July, 2018

“ Committee member ” means a committee member of the
Council;
“ computer system ” has the meaning assigned to the words in the
Electronic Communications and Transactions Act, 2009;
“ Council ” means the Executive Council of the Association
constituted under section 7;
“ financial year ” means the period of twelve months ending
on 31st December in any year;
“ hardware ” means physical parts or components that make
up a computer system;
“ information and communications technology ” has the
meaning assigned to the words in the Information and
Communications Technology Act, 2009;
“ information and communications technology consultant ”
means a person offering consultancy service of any type
in information and communications technology;
“ information and communications technology professional ”
means a person who possesses the knowledge, competence
and skill to conduct research, plan, design, write, test,
provide advice and improve information and
communications technology systems, software and related
concepts for specific applications and has appropriate
combination of recognised qualifications and practical
experience;
“ information ” means computed results from a computer
system;
“ information analyst ” means a person responsible for
analysing the information needs of a computer end user;
“ information systems auditor ” means a person responsible
for the conduct of audits information systems;
“ internet ” has the meaning assigned to the word in the
Electronic Communications and Transactions Act, 2009;
“ Journal ” means a periodical publication of the Association;
“ practising certificate ” means a certificate issued under
section 21 authorising a person to practice as an information
technology Professional;
Information and Communications Technology
156 No.

issued under
section 21 authorising a person to practice as an information
technology Professional;
Information and Communications Technology
156 No.

7 of 2018] Association of Zambia
Act No. 21
of 2009
Act No. 15
of 2009
Act No. 21 of
2009

7 of 2018] Association of Zambia
Act No. 21
of 2009
Act No. 15
of 2009
Act No. 21 of
2009

“ Professional Ethics and Compliance Committee ” means
the Professional Ethics and Compliance Committee
constituted under section 40;
“ Society ” means the computer Society of Zambia registered
under the Societies Act; and
“ software ” means instructions stored electronically required
by the computer system to perform a function or task. PART II
THE INFORMATION AND COMMUNICATIONS TECHNOLOGY ASSOCIATION
OF ZAMBIA
3. (1) The Computer Society of Zambia registered under the
Societies Act, shall continue to exist as if established under this
Act and is for purposes of this Act renamed the Information
and Communications Technology Association of Zambia. (2) The Association which shall be a body corporate with
perpetual succession and a common seal, capable of suing and
being sued in its corporate name with power, subject to the
provisions of this Act, to do all acts and things that a body corporate
may, by law, do or perform. (3) The provisions of the First Schedule apply to the
Association. 4. (1) The functions of the Association are to do all such acts
and things as are necessary to foster the advancement of the
information and communications technology profession.

Association are to do all such acts
and things as are necessary to foster the advancement of the
information and communications technology profession.

(2) Without prejudice to the generality of subsection (1) the
Association shall—
(a) regulate and govern the conduct of its members in the
practice of their business and profession;
(b) maintain appropriate practice standard among information
and communication technology professionals that are
consistent with the principle of self regulation and the
public interest;
(c) represent, coordinate and develop the information and
communications technology profession and promote
its interests;
Information and Communications Technology
Association of Zambia [No. 7 of 2018 157
Continuation
and
renaming of
Computer
Society of
Zambia
Cap. 119
Functions of
Association
Cap 119

Technology
Association of Zambia [No. 7 of 2018 157
Continuation
and
renaming of
Computer
Society of
Zambia
Cap. 119
Functions of
Association
Cap 119

(d) develop, promote, maintain and improve appropriate
standards of qualification in the information and
communications technology profession;
(e) promote the integrity and enhance the status of the
information and communications technology profession
including the declaration of any particular business
practice to be undesirable for all or a particular category
of information and communications technology ;
(f) develop, promote and enforce internationally comparable
practice standards in Zambia;
(g) participate in the activities of bodies whose main purpose
is the development and setting of practice standards;
(h) encourage and finance research into any matter affecting
the information and communications technology
profession;
(i) protect and assist the public in all matters relating to the
practice of information and communications technology;
and
(j) do all such things connected with, or incidental to, the
foregoing.

ers relating to the
practice of information and communications technology;
and
(j) do all such things connected with, or incidental to, the
foregoing.

(3) The Association may—
(a) determine and levy fees payable by professional bodies
and the information and communications technology
professionals that the Association considers necessary
to finance its activities under this Act;
(b) determine the fees payable for an inspection and review
conducted for the purposes of this Act;
(c) fix fees for professional services, as prescribed;
(d) determine fees for the accreditation of local and foreign
Associations; and
(e) determine what portion of any fee is payable in respect
of any part of a year and the date on which the fee or
portion thereof is payable. 5. (1) The Association shall, by a vote of at least two thirds of
the members voting at a general meeting of the Association, adopt
a constitution of the Association and may, in like manner, amend it. Information and Communications Technology
158 No. 7 of 2018] Association of Zambia
Association
Constitution

ciation and may, in like manner, amend it. Information and Communications Technology
158 No. 7 of 2018] Association of Zambia
Association
Constitution

(2) The constitution adopted under subsection (1) shall, subject
to the other provisions of this Act, regulate the conduct of the
affairs of the Association. (3) Subject to subsection (2), the constitution shall provide for
the following matters:
(a) the classes of membership and their rights, privileges and
obligations;
(b) the election, qualifications and tenure of the President,
Vice-President, National Secretary, National Treasurer
of the Association and any other elective office;
(c) the composition, functions, powers and procedures of the
committees of the Association except the professional
Ethics and Compliance Committee;
(d) the establishment, powers and functions of the branches
of the Association; and
(e) the meetings of the Association, including the delivery
and sufficiency of notices of the meetings, the quorum,
voting, adjournments and other matters of procedure or
conduct of the meetings. 6. The President and Vice-President of the Association shall
be elected in accordance with the provisions of the constitution of
the Association. PART III
EXECUTIVE COUNCIL OF THE ASSOCIATION
7.

ssociation shall
be elected in accordance with the provisions of the constitution of
the Association. PART III
EXECUTIVE COUNCIL OF THE ASSOCIATION
7.

(1) There is constituted an Executive Council of the
Association which is responsible for the management and control
of the affairs of the Association. (2) The Council consists of—
(a) the President;
(b) the Vice-President;
(c) the National Secretary;
(d) the National Treasurer;
(e) the chairperson of each region;
(f) the chairperson of each committee of the council; and
(g) two elected committee members. Information and Communications Technology
Association of Zambia [No. 7 of 2018 159
President and
Vice-
President of
Association
Constitution
of Council

nformation and Communications Technology
Association of Zambia [No. 7 of 2018 159
President and
Vice-
President of
Association
Constitution
of Council

(3) The provisions of the First Schedule apply to the Council. 8. The functions of the Council are to—
(a) manage and control all the affairs of the Association;
(b) maintain a register of members of the Association and
the categories of membership applicable to those
members;
(c) promote an understanding of professional ethics amongst
the information and communications technology
professionals;
(d) approve the annual budget and plans of the Association;
(e) approve the policy and strategic plan of the Association;
(f) oversee the implementation and successful operation of
the policy and functions of the Association; and
(g) do all such things and acts as theAssociation or the Council
may do under this Act. 9. (1) The Council shall appoint a Registrar of the Council on
terms and conditions that the Council may determine. (2) The Registrar shall be the chief executive officer of the
Council and shall be responsible, under the direction of the Board,
for the day-to-day administration of the Council. (3) The Registrar shall attend the meetings of the Board and
may address those meetings, but shall not vote on any matter before
the Board.

e Council. (3) The Registrar shall attend the meetings of the Board and
may address those meetings, but shall not vote on any matter before
the Board.

(4) The Council may appoint, on terms and conditions that it
may determine, the Deputy Registrar, the Secretary and other staff
that it considers necessary for the performance of the functions
of the Council and the Board. 10. (1) The Council may, for the purposes of performing its
functions under this Act, constitute such number of committees
and delegate to the committees those functions of the Council that
it considers necessary. Information and Communications Technology
160 No. 7 of 2018] Association of Zambia
Functions of
Council
Registrar
Committees

t
it considers necessary. Information and Communications Technology
160 No. 7 of 2018] Association of Zambia
Functions of
Council
Registrar
Committees

(2) The Council may appoint as members of a committee
constituted under subsection (1), persons who are, or are not,
members of the Council and such persons shall hold office for a
period that the Council may determine. (3) Subject to any specific or general direction of the Council,
a committee constituted under this section may regulate its own
procedure. PART IV
MEMBERSHIP REGISTRATION BOARD
11. (1) There is established the Membership Registration Board
of the Council. (2) The Minister may, on recommendation of the Council, by
statutory instrument, make regulations to provide for the membership,
tenure of office, procedure of meetings and quorum of the Board. (3) The Board may, for purposes of performing its functions
under this Act, establish such other committees as the Board may
determine and may delegate to the committees any of its functions
as it considers necessary. (4) Subject to any specific or general direction of the Board, a
committee established under this section may regulate its own
procedure. 12. Except as otherwise provided in this Act, the functions of
the Board are to perform all the registration functions of the
Association. 13.

cedure. 12. Except as otherwise provided in this Act, the functions of
the Board are to perform all the registration functions of the
Association. 13.

(1) The Board shall prepare and maintain a register of
information and communications technology professionals. (2) The register referred to in subsection (1) shall contain
information relating to the registered members as may be prescribed. (3) A person may be registered as a practicing information
and communications technology professional if that person—
(a) is a fellow, full member or associate of the Association or
any other class as determined by the Association;
Information and Communications Technology
Association of Zambia [No. 7 of 2018 161
Membership
Registration
Board
Functions of
Board
Registration
of
information
and
communica-
tions
technology
professionals

f Zambia [No. 7 of 2018 161
Membership
Registration
Board
Functions of
Board
Registration
of
information
and
communica-
tions
technology
professionals

(b) is resident or has an established office or appointment in
Zambia as an information and communications
technology professional; and
(c) pays a prescribed application fee. (4) A person who applies for registration as an information
and communications technology professional shall submit documents
as required by the Council to support that person’s registration. PART V
MEMBERSHIP, REGISTRATION AND PRACTISING CERTIFICATE
14. (1) There shall be such classes of membership as shall be
provided for in the constitution of the Association. (2) Each class of membership shall have such rights, privileges
and obligations as may be provided for in the constitution of the
Association. (3) A person may apply to the Association for registration as a
member in accordance with the provisions of the constitution of
the Association.

tion. (3) A person may apply to the Association for registration as a
member in accordance with the provisions of the constitution of
the Association.

(4) A statutory corporation, a company, an association or other
body, division, government department or section which is directly
engaged in information and communications technology activities
or is professionally interested in information and communications
technology or an allied discipline in Zambia may, on application to
the Association be admitted as a corporate member on such terms
and conditions as the Association may specify. 15. The Minister may, on the recommendation of the
Association, by statutory instrument, recognise any local and foreign
qualifications accredited by the Zambia Qualification Authority for
purposes of registration under this Act. 16. (1) The Association shall issue a registered information and
communications technology professional with a certificate of
registration showing the information and communications technology
professional class of membership. (2) A certificate of registration shall remain the property of
the Association. 17. The Council may determine different fees for different
classes of membership. Information and Communications Technology
162 No.

f
the Association. 17. The Council may determine different fees for different
classes of membership. Information and Communications Technology
162 No.

7 of 2018] Association of Zambia
Classes of
membership
Recognition
of foreign
qualifications
Certificate of
registration
Membership
fees

7 of 2018] Association of Zambia
Classes of
membership
Recognition
of foreign
qualifications
Certificate of
registration
Membership
fees

18. (1) An information and communications technology
professional may be expelled or suspended from the Association
by a special resolution of the Council on the recommendation of
the Professional Ethics and Compliance Committee, where—
(a) the Association has reasonable grounds to believe that
the registration was obtained through fraud, mis-
representation or concealment of any material fact;
(b) an information and communications technology professional
is found guilty of professional misconduct under this Act
or the Code of Conduct;
(c) an information and communications technology professional
is convicted of an offence involving dishonesty; or
(d) the circumstances have arisen disqualifying the person
from continuing as an information and communications
technology professional. (2) The Association shall, before suspending or expelling the
member under subsection (1), give the member an opportunity to
be heard. (3) A person that has been expelled from membership of the
Association shall not be readmitted without the authority of a special
resolution of the Council. 19.

on that has been expelled from membership of the
Association shall not be readmitted without the authority of a special
resolution of the Council. 19.

(1) An information communications technology
professional registered under this Act, shall use the following titles
and abbreviations:
Title Abbreviation
Fellow FLICTAZ
Full Member FMICTAZ
Associate ASICTAZ
Affiliate AFICTAZ
Licentiate LCICTAZ
Student STICTAZ
Corporate CMICTAZ
(2) A person shall not use a title or abbreviation under
subsection (1) unless that person is registered in accordance with
this Act. Information and Communications Technology
Association of Zambia [No. 7 of 2018 163
Titles for
registered
information
and
communica-
tions
technology
professionals
Suspension
or expulsion
of
information
and
communica-
tions
technology
professionals

istered
information
and
communica-
tions
technology
professionals
Suspension
or expulsion
of
information
and
communica-
tions
technology
professionals

(3) A person who contravenes subsection (2) commits an
offence, and is liable, on conviction, to a fine not exceeding eight
hundred thousand penalty units or to imprisonment for a period not
exceeding eight years or to both. 20. (1) A person shall not practice as an information and
communications technology professional, unless that person holds
a practising certificate issued by the Board under this Act. (2) A person shall not impersonate or use the title of a
registered information and communications technology professional
while not registered to practice as such under this Act. (3) A person shall not employ or engage any person who does
not hold a practising certificate. (4) A person shall not operate, either on that person’s own
behalf or on behalf of another person, an information and
communications technology business that does not have a registered
member with a valid practising certificate in its employment. (5) A person who contravenes this section commits an offence
and is liable, on conviction, to a fine not exceeding seven hundred
thousand penalty units or to imprisonment for a term not exceeding
seven years, or to both.

able, on conviction, to a fine not exceeding seven hundred
thousand penalty units or to imprisonment for a term not exceeding
seven years, or to both.

(6) For the purposes of subsection (4), “ practice ” means the
provision of a service for remuneration—
(a) to the entity that provides an information and
communications technology service to the public; or
(b) in relation to a system infrastructure that is part of a
network. 21. (1) An information and communications technology
professional shall apply to the Board for a practising certificate in
the prescribed manner and form upon payment of the prescribed
fee. (2) The Board shall, on receipt of an application under
subsection (1), and where the application meets such requirements
as may be prescribed, issue the applicant with a practising
certificate. (3) The Board shall register an applicant as a practising
information and communications technology professional where the
Board is satisfied that—
(a) the applicant is of good character and good professional
standing; and
Information and Communications Technology
164 No. 7 of 2018] Association of Zambia
Application
for practising
certificate
Holding out

al
standing; and
Information and Communications Technology
164 No. 7 of 2018] Association of Zambia
Application
for practising
certificate
Holding out

(b) meets such other requirements as the Association may
determine. (4) The Board may register a person as a practising information
and communications technology professional under this Act if the
person is not a citizen of Zambia or is not practising or working as
an information and communications technology professional in
Zambia prior to the application if that person—
(a) is engaged to work as an information and communications
technology professional in Zambia under an international
agreement entered into by the Republic; or
(b) undertakes such number of courses as the Board may
determine. (5) A practising certificate issued under subsection (1) shall
take effect on the day it is issued and shall continue in force until
the 31st December in each year. (6) A certificate issued under this Part shall contain such terms
and conditions as the Board may determine. (7) A practising certificate shall be renewed annually upon
the payment of the prescribed fees and shall be displayed at the
place of practice. 22.

e. (7) A practising certificate shall be renewed annually upon
the payment of the prescribed fees and shall be displayed at the
place of practice. 22.

(1) A person shall not set up a practice as an information
and communications technology professional, unless that person
holds a practising certificate issued by the Association under this
Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. 23. A holder of a practising certificate shall display the
practising certificate, in a conspicuous place at the place of practice. 24. (1) A practising certificate shall be renewed annually in
the prescribed manner and form upon payment of the prescribed
fee. (2) A practising certificate that is not renewed in accordance
with subsection (1) is invalid. Information and Communications Technology
Association of Zambia [No. 7 of 2018 165
Prohibition
of
establishment
of practice
without
certificate
Display of
certificate
Renewal of
certificate

gy
Association of Zambia [No. 7 of 2018 165
Prohibition
of
establishment
of practice
without
certificate
Display of
certificate
Renewal of
certificate

(3) An information and communications technology
professional who practises during any period in which the
information and communications technology practising certificate
is invalid commits an offence and is liable, on conviction, to a fine
not exceeding five hundred thousand penalty units or to imprisonment
for a term not exceeding five years, or to both. 25. (1) The Board shall cancel a practising certificate if the
holder—
(a) is found guilty of any professional misconduct;
(b) is convicted of an offence involving dishonesty;
(c) is mentally or physically incapable of practising;
(d) is an undischarged bankrupt;
(e) obtained the certificate through fraud, misrepresentation
or concealment of a material fact; or
(f) commits an offence under this Act. (2) Where the registration of any person is cancelled under
this Part, the practising certificate held by that person shall become
void.

der this Act. (2) Where the registration of any person is cancelled under
this Part, the practising certificate held by that person shall become
void.

(3) The Board shall before cancellation of a practising
certificate under subsection (1) give an information and
communications technology professional thirty days notice of the
intention to cancel and require the information and communications
technology professional opportunity to show cause why the
information and communications technology professional’s
practising certificate should not be cancelled. (4) The cancellation of a practising certificate under subsection
(1) shall be published in newspaper of daily circulation, Journal and
Gazette. (5) The Board may, before cancelling the practising certificate
suspend the information and communications technology
professional for such period and on such terms and conditions as
the Association may determine. 26. (1) A person who registers a firm of information and
communications technology under the Registration of Business
Names Act, 2011 shall register the firm with the Association in the
prescribed manner and form upon payment of the prescribed fee. Information and Communications Technology
166 No. 7 of 2018] Association of Zambia
Cancellation
of practising
certificate
Registration
of firms
Act No. 16
of 2011

and Communications Technology
166 No. 7 of 2018] Association of Zambia
Cancellation
of practising
certificate
Registration
of firms
Act No. 16
of 2011

(2) The Association shall register a firm of information and
communications technology by entering in the Register in Zambia,
the name of the firm as registered under the Registration of Business
Names Act, 2011 together with the name of each partner of the
firm and any other information as may be prescribed. (3) A firm of information and communications technology
shall notify the Board of any change in its name, composition,
address or other information as may be prescribed, not later than
thirty days after the date on which such change takes place. (4) A firm of information and communications technology shall
furnish the following information to a client or a prospective client:
(a) the firm’s name or title under which the information and
communications technology professional practices;
(b) the place or places of business of the firm in which the
information and communications technology professional
is in practice as a partner or employer;
(c) the full names of all the registered partners; and
(d) the information and communications technology
professional’s nationality, first names or initials, surname
and ordinary residential address.

; and
(d) the information and communications technology
professional’s nationality, first names or initials, surname
and ordinary residential address.

(5) A firm registered under this section shall obtain professional
insurance, in the prescribed manner, to cover any liability which
may be incurred as a result of the negligence or recklessness in
the conduct of the practice by the partners of the firm. (6) Where a firm obtains professional insurance in accordance
with subsection (5), the liability of the partners shall be limited to
the extent prescribed. 27. The Association shall register students of information and
communications technology in accordance with the provisions of
the constitution of the Association. 28. (1) The Registrar shall maintain a register of all persons
registered under this Act in which the Registrar shall enter details
relating to—
(a) information and communications technology professionals;
Information and Communications Technology
Association of Zambia [No. 7 of 2018 167
Registration
of
information
and
communica-
tions
technology
students
Registers
Act No. 16
of 2011

Technology
Association of Zambia [No. 7 of 2018 167
Registration
of
information
and
communica-
tions
technology
students
Registers
Act No. 16
of 2011

(b) the holders of practising certificates and persons whose
certificates have been cancelled;
(c) the applications rejected and the reasons for the rejection;
and
(d) any other information that the Association may determine. (2) The Register shall be kept in the custody of the Registrar
at the offices of the Association and shall be open for inspection
by members of the public during normal office hours upon payment
of such fee as the Board may determine. (3) The Registrar may, upon application by any person, issue
to the person a certified extract from the Register of a copy of a
certificate of registration or practising certificate, upon payment
of such fee as the Board may determine. 29. (1) The Minister may, on the recommendation of the Board,
make regulations prescribing the circumstances and manner in
which an information and communications technology
professional—
(a) may be removed from the register; and
(b) who is removed from the register, may be restored on
the register and the fee to be paid for the restoration.

ay be removed from the register; and
(b) who is removed from the register, may be restored on
the register and the fee to be paid for the restoration.

(2) Subject to subsection(1), an information and
communications technology professional who is removed from
the register ceases to be registered as an information and
communications technology professional. (3) The Board may, where a holder of a practising certificate
does not intend to practice for a specified period of time, maintain
the name of the holder of the practising certificate on the register,
in a non-practising category, for that period of time. 30. A person shall not qualify for registration as a practising
information and communications technology professional under this
Act or as a member under the constitution of the Association, if
that person has been—
(a) convicted of an offence involving dishonesty in the
execution of that person’s duties as an information and
communications technology professional;
Information and Communications Technology
168 No. 7 of 2018] Association of Zambia
Removal and
restoration
of name on
Register
Disqualification

ional;
Information and Communications Technology
168 No. 7 of 2018] Association of Zambia
Removal and
restoration
of name on
Register
Disqualification

(b) declared to be mentally and physically incapable of
practising; or
(c) found by the Professional Ethics and Compliance
Committee established under section 36 to be guilty of
professional misconduct. 31. (1) A person commits an offence who—
(a) makes or causes to be made, an unauthorised entry,
alteration or erasure in the Registers, certificate of
registration, practising certificate or in any copy thereof;
or
(b) procures or attempts to procure for that person or any
other person a practising certificate, or registration of
any matter by means of fraud, misrepresentation or
concealment of any material fact. (2) A person under subsection (1) is liable, on conviction, to a
fine not exceeding one hundred thousand penalty units or to
imprisonment for a term not exceeding ten years, or to both. 32. An information and communications technology
professional shall practice in accordance with the information and
communications technology standards determined by theAssociation
and such agreed procedures as the client contract may specify and
such fact shall be disclosed in the audit report. 33.

s determined by theAssociation
and such agreed procedures as the client contract may specify and
such fact shall be disclosed in the audit report. 33.

Where a certificate of registration has been cancelled or
suspended, the holder of the certificate of registration may, subject
to such terms and conditions as the Council may determine, apply
for re-registration. 34. (1) A person whose certificate of registration is destroyed
or lost may apply to the Registrar for a duplicate certificate in the
prescribed manner and form on payment of the prescribed fee. (2) The Registrar may, on receipt of an application under
subsection (1), issue a duplicate certificate of registration to the
applicant. 35. A holder of a practising certificate shall for professional
services rendered, charge such fees as the Minister may prescribe,
by statutory instrument, on the recommendation of the Council. Information and Communications Technology
Association of Zambia [No. 7 of 2018 169
Offences
regarding
information
and
communications
technology
professionals
Information
and
communications
technology
standards
Re-registration
Duplicate
certificate of
registration
Fees for
information
and
communications
technology
professional
services

ns
technology
standards
Re-registration
Duplicate
certificate of
registration
Fees for
information
and
communications
technology
professional
services

36. (1) The Council may in consultation with the Minister,
exempt a person or class of persons from the provisions of this
Part. (2) The exemption under subsection (1) shall be in writing and
shall contain such conditions as shall be considered necessary by
the Council and such exemption shall only apply to holders of
appointment as information and communications technology
professional. PART VI
REGIONS AND BRANCHES
37. (1) There shall be established such number of Regions of
theAssociation as the Council may approve, according to the number
of members in a particular geographical area. (2) Subject to the general directions of the Council, a Region
may regulate its own procedures. (3) The management and control of a region shall be vested in
a committee elected in accordance with the Association’s
constitution and the chairperson of the committee shall have such
qualifications as the Association may specify. 38. (1) There shall be as many branches of the Association
as the Council may approve according to the number of members
in a particular geographical area. (2) Subject to the general directions of the Council and regional
committee, a branch may regulate its own procedures.

a particular geographical area. (2) Subject to the general directions of the Council and regional
committee, a branch may regulate its own procedures.

(3) The management and control of each branch shall be vested
in a committee elected by that branch and the chairperson of a
committee shall have such qualifications as shall be specified by
the Association. (4) A committee of a branch shall be responsible for all matters
affecting the branch including the receipt and expenditure of monies
relating to its activities other than membership subscriptions. (5) A branch may be dissolved by the region with the prior
approval of the Council. Information and Communications Technology
170 No. 7 of 2018] Association of Zambia
Regions
Branches
Exemption

with the prior
approval of the Council. Information and Communications Technology
170 No. 7 of 2018] Association of Zambia
Regions
Branches
Exemption

PART VII
PROFESSIONAL ETHICS AND COMPLIANCE COMMITTEE
39. The Council shall adopt and publish a Code of Ethics for
information and communications technology professionals regulated
under this Act. 40. (l) There shall be a Professional Ethics and Compliance
Committee of the Executive Council comprising the following
members:
(a) a Chairperson,
(b) a Vice-Chairperson; and
(c) four information and communications technology
professionals in practice for not less than ten years,
one member of which shall be from the public practice
and one from the corporate membership elected by the
members at the annual general meeting of the
Association. (2) The Chairperson and Vice-Chairperson shall be elected
by the members of the Professional Ethics and Compliance
Committee from among themselves.

n. (2) The Chairperson and Vice-Chairperson shall be elected
by the members of the Professional Ethics and Compliance
Committee from among themselves.

(3) A person shall not be appointed as a member of the
Professional Ethics and Compliance Committee if the person—
(a) has committed or been convicted of any professional
misconduct;
(b) is in lawful custody or the person’s freedom of movement
is restricted under any law in force within or outside
Zambia;
(c) has not been on the Register for at least ten years
preceding the election or appointment; or
(d) has been convicted of an offence involving dishonesty. (4) A member of the Professional Ethics and Compliance
Committee shall hold office for three years and may be re-elected
for a further term of three years. (5) A member of the Professional Ethics and Compliance
Committee shall not serve for more than two terms. Information and Communications Technology
Association of Zambia [No. 7 of 2018 171
Professional
Ethics and
Compliance
Committee
Code of
Ethics

terms. Information and Communications Technology
Association of Zambia [No. 7 of 2018 171
Professional
Ethics and
Compliance
Committee
Code of
Ethics

(6) The Chairperson, or in the absence of the Chairperson,
the Vice-Chairperson, shall preside at every meeting and every
sitting of the Professional Ethics and Compliance Committee. 41. (1) A person may lodge a complaint with the Professional
Ethics and Compliance Committee against an information and
communications technology professional where the person alleges
that the information and communications technology professional
has contravened the Code of Ethics or any provision of this Act. (2) The Association may initiate disciplinary action under this
section where the Association has reasonable grounds to believe
that an information and communications technology professional
has contravened the Code of Ethics or any provision of this Act. (3) A complaint or allegation shall be made to the Secretary in
the prescribed manner and form. 42.

d the Code of Ethics or any provision of this Act. (3) A complaint or allegation shall be made to the Secretary in
the prescribed manner and form. 42.

(1) The functions of the Professional Ethics and Compliance
Committee are to hear and determine—
(a) any disciplinary action initiated by the Association against
an information and communications technology
professional who has contravened any provision of the
Code of Ethics or any provision of this Act; or
(b) any complaint or allegation made by any person against
an information and communications technology
professional. (2) The Professional Ethics and Compliance Committee may
publicise, as the Committee may consider appropriate, the facts
relating to any information and communications technology
professional or a Member who is found guilty of and punished for
professional misconduct. 43. (1) Four members of the Professional Ethics and
Compliance Committee shall form a quorum. (2) Any question at a sitting of the Professional Ethics and
Compliance Committee shall be decided by a majority of the votes
of the members of the Professional Ethics and Compliance
Committee 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. Information and Communications Technology
172 No.

n presiding at the meeting shall have a casting vote in
addition to that person’s deliberative vote. Information and Communications Technology
172 No.

7 of 2018] Association of Zambia
Functions of
Professional
Ethics and
Compliance
Committee
Proceedings
of
Professional
Ethics and
Compliance
Committee
Initiation of
disciplinary
action

unctions of
Professional
Ethics and
Compliance
Committee
Proceedings
of
Professional
Ethics and
Compliance
Committee
Initiation of
disciplinary
action

(3) All proceedings of the Professional Ethics and Compliance
Committee shall be in camera. (4) The Professional Ethics and Compliance Committee shall
cause to be kept a record of its proceedings. (5) A party to a hearing of the Professional Ethics and
Compliance Committee may be represented by a legal practitioner
or, if the party so elects, by any other person or in person. (6) A decision of the Professional Ethics and Compliance
Committee shall be in the form of a reasoned judgment and a copy
thereof shall be supplied to each party to the proceedings and to
every person affected by the decision. (7) If a person is present at a meeting of the Professional
Ethics and Compliance Committee at which any matter is the subject
of consideration, and in which matter the person or that person’s
spouse is directly or indirectly interested in a private capacity, that
person shall, as soon as is practicable after the commencement of
the meeting disclose the interest and shall not, unless the Professional
Ethics and Compliance Committee otherwise directs, take part in
any consideration or discussion of, or vote on any question relating
to that matter.

l
Ethics and Compliance Committee otherwise directs, take part in
any consideration or discussion of, or vote on any question relating
to that matter.

(8) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made. 44. An information and communications technology
professional commits professional misconduct if the information
and communications technology professional—
(a) contravenes the provisions of this Act;
(b) certifies and submits in the information and communication
technology professional’s name or in the names of the
information and communications technology
professional’s firm a report, document, software,
hardware, statement or related records which have not
been made by a certified information and
communications technology professional;
Information and Communications Technology
Association of Zambia [No. 7 of 2018 173
Professional
misconduct

and
communications technology professional;
Information and Communications Technology
Association of Zambia [No. 7 of 2018 173
Professional
misconduct

(c) permits the information and communications t e c h n o lo g y
professional’s name or the name of the information and
communications technology professional’s firm to be
used in connection with technical specifications, designs
or financial calculations contingent on future transactions
in a manner which may lead people to reasonably infer
that the information and communications technology
professional certified the correctness of such
information;
(d) in a report in which an information and communications
technology professional’s client has interest, fails to
disclose or knowingly conceals from such client mis-
statements of facts known to the information and
communications technology professional and the
disclosure of which is necessary in order that the report
does not mislead the client; or
(e) gives an opinion in a professional capacity without
obtaining sufficient information thereof. 45.

that the report
does not mislead the client; or
(e) gives an opinion in a professional capacity without
obtaining sufficient information thereof. 45.

(1) The Professional Ethics and Compliance Committee
may for the purposes of any hearing hear and receive evidence
and may, under the hand of the Chairperson or the Secretary
summon witnesses and require the production of any book, record,
document, electronic record or anything required for the purposes
of the proceeding and may through the Chairperson or Vice-
Chairperson administer an oath to any witness. (2) A person summoned to attend before the Professional
Ethics and Compliance Committee who, without sufficient cause—
(a) having attended, refuses to be sworn or to affirm;
(b) refuses, without lawful excuse, to answer fully and
satisfactorily to the best of that persons knowledge and
belief, any question lawfully put to that person; or
(c) refuses to produce any book, record, document, electronic
record or thing which that person has been required by
summons to produce;
commits an offence and is liable, on conviction, for every such
refusal or failure, to a fine not exceeding twenty thousand penalty
units. Information and Communications Technology
174 No. 7 of 2018] Association of Zambia
Powers of
Professional
Ethics and
Compliance
Committee

nalty
units. Information and Communications Technology
174 No. 7 of 2018] Association of Zambia
Powers of
Professional
Ethics and
Compliance
Committee

(3) A person shall not be compelled to answer any question or
produce any book, record, document or electronic record which
that person would not be compelled to answer or produce on the
trial of an action in the High Court. (4) A hearing before the Professional Ethics and Compliance
Committee shall, for all purposes, and in particular for the purposes
of Chapter XI of the Penal Code, be deemed to be a judicial
proceeding.

mpliance
Committee shall, for all purposes, and in particular for the purposes
of Chapter XI of the Penal Code, be deemed to be a judicial
proceeding.

(5) Where the Professional Ethics and Compliance Committee,
after due inquiry, finds an information and communications
technology professional or a Member guilty of professional
misconduct, it may impose one or more of the following penalties:
(a) order the cancellation of the information and
communications technology professional or Member’s
practising certificate, and certificate of registration
respectively;
(b) censure the information and communications technology
professional or Member;
(c) caution the information and communications technology
professional or Member;
(d) impose a fine, not exceeding one hundred thousand penalty
units to be paid to the Association;
(e) order the information and communications technology
professional or Member to pay to the Association or to
any other party to the hearing any costs of or incidental
to the proceedings;
(f) order the information and communications technology
professional or Member to pay any party to the hearing
or other person, as restitution, the amount of loss caused
by that person’s negligence; or
(g) impose any reasonable conditions for the suspension, for
a period not exceeding one year, of the information and
communications technology professional’s membership,
certificate of registration, practising certificate or a non-
audit practising certificate.

n and
communications technology professional’s membership,
certificate of registration, practising certificate or a non-
audit practising certificate.

(6) In any hearing before the Professional Ethics and
Compliance Committee, any finding of fact which is shown to have
been made by any court in Zambia shall be conclusive evidence of
the fact so found. (7) The Professional Ethics and Compliance Committee shall,
where it has reasonable cause to believe that an information and
communications technology professional is, or has become mentally
unsound to the extent that the continued practising by the information
and communications technology professional is prejudicial to the
public interest, refer the matter for determination by a medical
practitioner. Information and Communications Technology
Association of Zambia [No. 7 of 2018 175
Cap. 87

fer the matter for determination by a medical
practitioner. Information and Communications Technology
Association of Zambia [No. 7 of 2018 175
Cap. 87

(8) The Professional Ethics and Compliance Committee shall,
where a medical practitioner determines that an information and
communications technology professional is of unsound mind, suspend
the practising certificate of the information and communications
technology professional. (9) Where the Professional Ethics and Compliance Committee,
after due inquiry, finds an information and communications
technology professional or Member not guilty of professional
misconduct, it shall record a finding that the information and
communications technology professional is not guilty of such
professional misconduct in respect to matters to which the charge
relates. (10) The Professional Ethics and Compliance Committee may,
for the purpose of any proceedings use such assessors or experts
as the Professional Ethics and Compliance Committee may
determine. 46. The Professional Ethics and Compliance Committee shall,
as soon as practicable after the completion of each hearing, submit
to the Association a report of the proceedings together with a copy
of the record. 47. (1) A person aggrieved by a decision of the Board may
appeal to the Minister within thirty days.

e proceedings together with a copy
of the record. 47. (1) A person aggrieved by a decision of the Board may
appeal to the Minister within thirty days.

(2) A person aggrieved by a decision of the Professional Ethics
and Compliance Committee may appeal to the High Court. (3) The Association shall be the respondent on any appeal
under this section. (4) A decision of the Professional Ethics and Compliance
Committee under this Part shall not take effect until the expiration
of the time for lodging an appeal against the decision or, if an appeal
is lodged, until the time the appeal is disposed of, withdrawn or
struck out for want of prosecution, as the case may be. (5) The proceedings of the Professional Ethics and Compliance
Committee shall not be set aside by reason only of some irregularity
in those proceedings if such irregularity did not occasion a substantial
miscarriage of justice. Information and Communications Technology
176 No. 7 of 2018] Association of Zambia
Reports by
Professional
Ethics and
Compliance
Committee
Appeals

ce. Information and Communications Technology
176 No. 7 of 2018] Association of Zambia
Reports by
Professional
Ethics and
Compliance
Committee
Appeals

48. The Chief Justice may, by statutory instrument, make rules
regulating procedures of the Professional Ethics and Compliance
Committee and appeals to the High Court under this Part. 49. (1) The Chief Justice may, by statutory instrument, on the
recommendation of the Association, make rules relating to—
(a) the form for lodging of complaints under this Part;
(b) the mode of summoning the Members;
(c) the form and manner of service of a summons requiring
the attendance of a witness before the Professional
Ethics and Compliance Committee and the production
of any book, record, document, electronic record or thing;
(d) the procedure to be followed and rules of evidence to be
observed in proceedings before the Professional Ethics
and Compliance Committee; and
(e) the functions of the assessor or expert to the Professional
Ethics and Compliance Committee.

the Professional Ethics
and Compliance Committee; and
(e) the functions of the assessor or expert to the Professional
Ethics and Compliance Committee.

(2) Rules made under this section may, in particular, provide—
(a) that before any matters are referred to the Professional
Ethics and Compliance Committee they shall, in such
manner as may be provided by the rules, have been
brought before and investigated by the Association in
this respect;
(b) for securing notices for the proceedings and specifying
the time and manner of the proceedings; and
(c) for securing that any party to the proceedings shall, if that
person requires, be entitled to be heard by the
Professional Ethics and Compliance Committee. PART VIII
GENERAL PROVISIONS
50. A person registered under this Act shall notify the Registrar
of any change in the particulars relating to the registration, within
seven days of the change. 51. A certificate issued under this Part shall not be transferred
to a third party. 52. (1) The Council or a court of competent jurisdiction shall
have jurisdiction over an information and communications
technology professional for any act committed outside Zambia
which, if it had been committed in Zambia, would have been an
offence or professional misconduct under this Act. Information and Communications Technology
Association of Zambia [No.

in Zambia, would have been an
offence or professional misconduct under this Act. Information and Communications Technology
Association of Zambia [No.

7 of 2018 177
Change in
particulars
Prohibition of
transfer of
certificate
Rules by
Chief
Justice
Rules
relating to
disciplinary
proceedings
Jurisdiction
over acts
committed
outside
Zambia

ohibition of
transfer of
certificate
Rules by
Chief
Justice
Rules
relating to
disciplinary
proceedings
Jurisdiction
over acts
committed
outside
Zambia

(2) Any proceedings against an information and
communications technology professional under this section which
would be a bar to subsequent proceedings against the information
and communications technology professional for the same offence,
if the offence had been commited in Zambia, shall be a bar to
further proceedings against the information and communications
technology professional under any written law relating to the
extradition of persons, in respect of the same offence outside
Zambia. (3) The Mutual Legal Assistance in Criminal Matters Act shall
apply to proceedings under this Act. 53.

in respect of the same offence outside
Zambia. (3) The Mutual Legal Assistance in Criminal Matters Act shall
apply to proceedings under this Act. 53.

Where an offence under this Act is committed by a body
corporate or unincorporate body, and the director, manager or
shareholder of that body is suspected to have committed the
offence and is charged of that offence, that director, manager or
shareholder of the body corporate or unincorporate body is liable,
on conviction, to the penalty specified for the offence, unless the
director, manager or shareholder proves to the satisfaction of the
court that the act constituting the offence was done without the
knowledge, consent or connivance of the director, manager or
shareholder or that the director, manager or shareholder took
reasonable steps to prevent the commission of the offence. 54. A person who contravenes a provision of this Act for which
a specific penalty is not provided, is liable, on conviction, to a fine
not exceeding two hundred thousand penalty units or to a term of
imprisonment not exceeding two years, or to both. 55. (1) The Council may, in the exercise of its functions under
this Act, issue such guidelines as are necessary for the better
carrying out of the provisions of this Act.

ay, in the exercise of its functions under
this Act, issue such guidelines as are necessary for the better
carrying out of the provisions of this Act.

(2) The Council shall publish the guidelines, referred to in
subsection (1), in the Gazette and a daily newspaper of general
circulation in Zambia, and the guidelines shall not take effect until
they are so published. (3) The guidelines issued by the Council shall bind all persons
regulated under this Act. 56. The Minister may, by statutory instrument, on the
recommendation of the Council, make regulations for the better
carrying out of the provisions of this Act. 57. The Second Schedule applies to transitional arrangements
relating to the Association. Information and Communications Technology
178 No. 7 of 2018] Association of Zambia
Cap. 98
Offences by
principal
officer or
shareholder
of body
corporate or
unincorporate
body
General
penalty
Guidelines
Regulations
Savings and
transitional
provisions

by
principal
officer or
shareholder
of body
corporate or
unincorporate
body
General
penalty
Guidelines
Regulations
Savings and
transitional
provisions

FIRST SCHEDULE
(Sections 3(3) and 7(3))
PART I
ADMINISTRATION OF ASSOCIATION
1. (1) The seal of the Association shall be such device as may
be determined by the Council and shall be kept by the National
Secretary. (2) The affixing of the seal shall be authenticated by the
President or the Vice-President and the National Secretary, 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 require to be
under seal may be entered into or executed without seal on behalf
of the Association by the National Secretary or any other person
generally or specifically authorised in that behalf by theAssociation. (4) Any document purporting to be under the seal of the
Association or issued on behalf of the Association shall be received
in evidence and shall be deemed to be so executed or issued, as
the case may be, without further proof, unless the contrary is
proved. 2. (1) Subject to the other provisions of this Act, the Council
may regulate its own procedure.

without further proof, unless the contrary is
proved. 2. (1) Subject to the other provisions of this Act, the Council
may regulate its own procedure.

(2) The Council shall meet for the transaction of business at
least once in every three months at such places and times as the
Council may determine. (3) Upon giving notice of not less than fourteen days, a meeting
of the Council may be called by the President and shall be called if
not less than one third of the members so request in writing. (4) The President may, if the urgency of a particular matter
does not permit the giving of notice, call a special meeting upon
giving a shorter notice. (5) Half of the members of the Council shall form a quorum. (6) There shall preside at a meeting of the Council—
(a) the President;
(b) in the absence of the President, the Vice-President; or
(c) in the absence of the President and the Vice-President, a
member of the Council as the members present may
elect from amongst themselves for the purpose of that
meeting. Information and Communications Technology
Association of Zambia [No. 7 of 2018 179
Seal of
Association
Proceedings
of Council

purpose of that
meeting. Information and Communications Technology
Association of Zambia [No. 7 of 2018 179
Seal of
Association
Proceedings
of Council

(7) 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, in addition to a deliberative vote, a casting vote. (8) Where a member is for any reason unable to attend a
meeting of the Council, the member may, in writing, nominate
another person from the same organisation to attend the meeting
in that member’s stead and such person shall be deemed to be a
member for the purpose of that meeting. (9) The Council may invite any person whose presence, in its
opinion, is desirable to attend and participate in the deliberations of
a meeting of the Council, but that person shall have no vote. (10) The validity of any proceeding, act or decision of the Council
shall not be affected by any vacancy in the membership of the
Council or any defect in the appointment of any member or by
reason that any person not entitled to do so, took part in the
proceedings. (11) The Council shall cause minutes to be kept of the
proceedings of every meeting of the Council and any committee
established by the Council. 3.

s. (11) The Council shall cause minutes to be kept of the
proceedings of every meeting of the Council and any committee
established by the Council. 3.

(1) The Council may, for the purpose of performing its
Committees functions under this Act, constitute a committee and
delegate to the committee such functions of the Council as it
considers necessary. (2) The Council may appoint as members of a committee
constituted under subparagraph (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 constituted under this paragraph may regulate its
own procedure. 4. A member of the Council, or any committee thereof, shall
be paid such allowances as the Council may determine. 5.

h may regulate its
own procedure. 4. A member of the Council, or any committee thereof, shall
be paid such allowances as the Council may determine. 5.

(1) If any person is present at a meeting of the Council, or a
committee of the Council, at which any matter, in which that person
or any member of the person’s immediate family is directly or
indirectly interested in a private capacity, is the subject of
consideration, that person shall, as soon as practicable after the
commencement of the meeting, disclose that interest and shall not,
unless the Council or the committee otherwise directs, take part in
any consideration or discussion of, or vote on any question relating
to that matter. Information and Communications Technology
180 No. 7 of 2018] Association of Zambia
Committees
Allowances
Disclosure of
interest

lating
to that matter. Information and Communications Technology
180 No. 7 of 2018] Association of Zambia
Committees
Allowances
Disclosure of
interest

(2) A disclosure of interest made under this paragraph shall be
recorded in the minutes of the meeting at which the disclosure is
made. 6. (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, 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. (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 the
information to any other 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. 7.

ble,
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. 7.

An action or other proceeding shall not lie or be continued
against a member of the Council or a committee of the Council, or
a member of staff of the Council, for or in respect of any act or
thing done or omitted to be done in good faith in the exercise or
performance, or purported exercise or performance, of any of the
powers, functions or duties conferred under this Act. PART II
FINANCIAL PROVISIONS
8. (1) The funds of the Association shall consist of such monies
as may—
(a) be paid to the Association by way of fees, grants or
donations; and
(b) otherwise vest in or accrue to the Association. (2) The Association may—
(a) accept monies 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 by way of loans or otherwise, such monies as it
may require for the discharge of its functions; and
(c) charge and collect fees in respect of programmes,
workshops and seminars conducted by the Association. Information and Communications Technology
Association of Zambia [No.

es in respect of programmes,
workshops and seminars conducted by the Association. Information and Communications Technology
Association of Zambia [No.

7 of 2018 181
Prohibition
of
publication
of, or
disclosure of
information
to
unauthorised
persons
Immunity of
member and
staff
Funds of
Association

7 of 2018 181
Prohibition
of
publication
of, or
disclosure of
information
to
unauthorised
persons
Immunity of
member and
staff
Funds of
Association

(3) There shall be paid from the funds of the Association—
(a) the salaries, allowances and loans of the staff of the
Association;
(b) such reasonable travelling and other allowances for
Members of the Council or any committee when
engaged on the business of the Association at such rates
as the Council may, with the approval of the Minister,
determine; and
(c) any other expenses incurred by the Association in the
performance of its functions. 9. The Association may invest in such manner as it considers
necessary any of its funds which it does not immediately require
for the performance of its functions. 10. The financial year of the Association shall be a period of
twelve months ending on 31st December in each year. 11. (1) The Association shall cause to be kept proper books of
account and other records relating to its accounts. (2) The accounts of the Association shall be audited annually
by independent auditors appointed by the Council. (3) The fees of the auditors shall be paid by the Association. 12.

ciation shall be audited annually
by independent auditors appointed by the Council. (3) The fees of the auditors shall be paid by the Association. 12.

(1) As soon as is practicable, but not later than three months
after the financial year, the Council shall submit to the Minister a
report concerning the activities of the Association during such
financial year. (2) The report referred to in subparagraph (1) shall include
information on the financial affairs of the Association and there
shall be appended thereto—
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information regarding activities undertaken
during the year, as the Minister may require. (3) The Minister shall, not later than thirty days after the first
sitting of the National Assembly next after the receipt of the report
referred to in subparagraph (1), lay it before the National Assembly. Information and Communications Technology
182 No. 7 of 2018] Association of Zambia
Investment
of funds
Financial
year
Accounts
Annual
report

Assembly. Information and Communications Technology
182 No. 7 of 2018] Association of Zambia
Investment
of funds
Financial
year
Accounts
Annual
report

SECOND SCHEDULE
(Section 57)
SAVINGS AND TRANSITIONAL PROVISIONS
1. In this Schedule “ Society ” means the Computer Society of
Zambia registered under the Societies Act. 2. (1) For the avoidance of doubt, a person who, before the
commencement of this Act, was an employee of the Society, shall
be an employee of the Association as if employed under this Act. (2) The service of the persons referred to in subparagraph (1)
shall be treated as continuous service. (3) Nothing in this Act, affects the rights and liabilities of any
employee employed by the Society before the commencement of
this Act. 3. (1) On or after the appointed date, there shall be transferred
to, vest in and subsist against the Association by virtue of this Act
and without further assurance, all assets, rights and obligations which
immediately before that date were the assets, rights, liabilities and
obligations of the Society.

assurance, all assets, rights and obligations which
immediately before that date were the assets, rights, liabilities and
obligations of the Society.

(2) Subject to subparagraph (1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the Society, was a party immediately before the commencement
of this Act, whether or not of such a nature that rights, liabilities
and obligations could be assigned, shall unless its subject matter or
terms make it impossible that it should have effect as modified, as
provided under this paragraph, have effect as if—
(a) the Association, had been party to it;
(b) for any reference to the Society there was substituted,
with respect to anything falling to be done on or after
the appointed date, a reference to the Association; or
(c) for any reference to any officer of the Society not being a
party to it and beneficially interested, there were
substituted, as respects anything falling to be done on or
after the appointed date, a reference to such officer of
the Association, as the Association shall designate. Information and Communications Technology
Association of Zambia [No. 7 of 2018 183
Definition
Cap. 119
Staff of
Association
Transfer of
assets and
liabilities

ion and Communications Technology
Association of Zambia [No. 7 of 2018 183
Definition
Cap. 119
Staff of
Association
Transfer of
assets and
liabilities

(3) Where under this Act, any assets, rights, liabilities and
obligations of the Society, are deemed to be transferred to the
Association, in respect of which transfer a written law provides for
registration, the Association shall make an application in writing to
the appropriate registration authority for registration of the transfer. (4) The registration authority, referred to in subparagraph (3),
shall make such entries in the appropriate register as shall give
effect to the transfer and, where applicable, issue to the transferee
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse the deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction. 4. (1) Any legal proceedings pending immediately before the
appointed date by or against the Society, may be continued by or
against the Association. (2) After the commencement of this Act, proceedings in respect
of any right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the Society, may be continued by or against
the Association. 5.

t, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the Society, may be continued by or against
the Association. 5.

A person who before the commencement of this Act was a
member of the Society shall continue to be a member as if registered
under this Act. Information and Communications Technology
184 No. 7 of 2018] Association of Zambia
Legal
proceedings
Members of
Association