Laws of Zambia Active 2024The Kazungula Bridge Authority Act, 2024
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THE KAZUNGULA BRIDGE AUTHORITY ACT, 2024 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Intrepretation 3. Kazungula Bridge Authority 4. Council of Ministers 5. Agreement binding on Republic SCHEDULE Kazungula Bridge Authority [No. 12 of 2024 117 Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka, Price K28.00 each. Authority [No. 12 of 2024 117 Single copies of this Act may be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka, Price K28.00 each. An Act to give effect to the Agreement relating to the establishment of the Kazungula Bridge Authority made between the Government of the Republic of Zambia and the Government of the Republic of Botswana; and provide for matters connected with, or incidental to, the foregoing. [16th August, 2024 ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Kazungula Bridge Authority Act, 2024. 2. In this Act, unless the context otherwise requires— “Agreement” means the Agreement between the Government of the Republic of Zambia and the Government of the Republic of Botswana relating to the establishment of the Kazungula Bridge Authority, which is set out in the Schedule; “Council” means the Council of Ministers constituted under Article 5 of the Agreement; and “Kazungula Bridge Authority” means the Kazungula Bridge Authority established under Article 3 of the Agreement. 3. (1) The Kazungula Bridge Authority is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with powers, subject to the provisions of this Act, to do all acts or things that a body corporate may, by law, do or perform. its corporate name and with powers, subject to the provisions of this Act, to do all acts or things that a body corporate may, by law, do or perform. Kazungula Bridge Authority [No. 12 of 2024 119 Enactment Short title Interpretation Kazungula Bridge Authority GOVERNMENT OF ZAMBIA ACT No. 12 of 2024 Date of Assent: 16th August, 2024 (2) The Authority shall be located in the Republic of Botswana. (3) The composition, functions, administration, financial procedures, privileges and immunities of the Kazungula Bridge Authority are set out under Articles 4, 6, 7, 8, 9, 10 and 12 of the Agreement. 4. (1) The Council shall perform supervisory functions over the Authority. (2) The composition, additional functions and proceedings of the Council shall be as set out under Article 5 of the Agreement. 5. The Agreement set out in the Schedule shall bind the Republic. 120 No. 12 of 2024 Kazungula Bridge Authority Council of Ministers Agreement binding on Republic ment set out in the Schedule shall bind the Republic. 120 No. 12 of 2024 Kazungula Bridge Authority Council of Ministers Agreement binding on Republic Kazungula Bridge Authority [No. Kazungula Bridge Authority [No. 12 of 2024 121 SCHEDULE (Sections 2,3,4 and 5) AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ZAMBIA AND THE GOVERNMENT OF THE REPUBLIC OF BOTSWANA ON THE ESTABLISHMENT OF THE KAZUNGULA BRIDGE AUTHORITY PREAMBLE WHEREAS the Government of the Republic of Zambia and the Government of the Republic of Botswana (singularly herein referred to as AContracting Party@ and jointly as AContracting Parties@); HAVING REGARD to the Memorandum of Understanding on the Kazungula Bridge concluded by the Parties on 24th July, 2008 and the Sponsors Agreement on the Construction and Operation of Bridge Infrastructure at Kazungula concluded by the Contracting Parties on 30th March, 2012; HAVING REGARD to the relevant rules set forth in international and regional treaties and protocols; TAKING INTO CONSIDERATION their commitments as Member States of the Southern African Development Community (SADC) to improve economic management and performance through regional cooperation in the area of infrastructure and services; AFFIRMING the importance of closer cooperation between two states; COMMITTING to the safe and efficient movement of people and goods across the Zambezi River; BELIEVING that this project will positively promote trade, tourism and regional economic development; RECOGNIZING the need to reduce transit time at the Kazungula Border; RECOGNIZING the need to create an independent bridge authority; BEARING IN MIND the sovereign power of each Contracting Party; HAVE AGREED as follows: ARTICLE 1-DEFINITIONS For the purposes of this Agreement and unless the context otherwise requires, it shall be understood that: (a) “Agreement” means this present agreement entered into between the Contracting Parties; (b) “Authority” means the Kazungula Bridge Authority as established in Article 3; (c) “Board” means the Board of Directors referred to in Article 6; (d) “Board Secretary” means the Corporate Counsel of the Authority referred to in Article 6; (e) “Bridge” means the combined road and rail connection consisting of road and railway line over the Zambezi River at Kazungula; (f) “Bridge Infrastructure” means the Bridge and its associated infrastructure, including the One Stop Border Post facilities and approach roads/rail; (g) “By-laws” means rules and regulations of the Authority; (h) “Council” means the Council of Ministers referred to in Article 5; (i) “Executive Director” means the Chief Executive Officer of the Authority appointed under Article 7; Council of Ministers referred to in Article 5; (i) “Executive Director” means the Chief Executive Officer of the Authority appointed under Article 7; (j) “Emergency” means a sudden, unexpected, or impending situation on the Bridge Infrastructure, that may cause injury, loss of life, closure of the Bridge, damage to property, or interference with the normal activities of the Authority or other agencies located at the Bridge Infrastructure, and which, therefore, requires immediate attention and remedial action; (k) “Fund” means the fund established under Article 9 sub-article 1; (l) “Host Party” means the Contracting Party on whose territory the Authority is located; (m) “International Organisation” means an organisation in which two or more sovereign powers or governments thereof are members in pursuit of common goals for their mutual benefit; (n) “Lead Agency” means the authority designated as the lead implementing agency at ports of entry and is responsible for coordinating border operations at the Bridge Infrastructure; (o) “Maintenance” means the activities related to the maintenance of the Bridge Infrastructure in good condition and good technical working order, which are necessary for the purposes of its all year continuous and safe usage; (p) “One Stop Border Post (OSBP)” means a border post where traffic in each direction of travel stops only once in a control zone and both exit and entry formalities are undertaken by officers of the Contracting Parties; (q) “Private Actors” means facilitation agents, bankers and all other private entities operating at the OSBP facilities; (r) “Resident” in relation to either Contracting Party, means any person who is permanently or ordinarily resident in that State; and (s) “Tolls” means fees paid or payable for using the Bridge. ting Party, means any person who is permanently or ordinarily resident in that State; and (s) “Tolls” means fees paid or payable for using the Bridge. ARTICLE 2 - SCOPE AND PURPOSE 1. This Agreement governs the matters relating to the establishment and operations of the Authority. 2. The objectives of the Authority shall be to exercise Contracting Parties= rights of ownership of the Bridge Infrastructure and to advise the Contracting Parties on the most appropriate arrangements to ensure that the Bridge functions as an effective link between their respective transport systems. 3. The Authority shall maintain the Bridge Infrastructure and promote its usage in accordance with the provisions of this Agreement. 4. The Authority shall manage and operate the Bridge Infrastructure. ARTICLE 3 - ESTABLISHMENT 1. There is hereby established the Kazungula Bridge Authority, an International Organisation with a common seal, capable of suing and being sued in its name and with powers subject to the provisions of this Agreement of doing all such acts and things as a juridical person may do or perform. 2. The Authority shall be located in Botswana. 122 No. 12 of 2024 Kazungula Bridge Authority acts and things as a juridical person may do or perform. 2. The Authority shall be located in Botswana. 122 No. 12 of 2024 Kazungula Bridge Authority Kazungula Bridge Authority No. 12 of 2024 123 ARTICLE 4 - FUNCTIONS OF THE AUTHORITY 1. Kazungula Bridge Authority No. 12 of 2024 123 ARTICLE 4 - FUNCTIONS OF THE AUTHORITY 1. The functions of the Authority shall be to— (a) manage and maintain the Bridge Infrastructure on behalf of the Contracting Parties; (b) promote the usage of the Bridge; (c) provide for the control, regulation and safety of people and traffic on the Bridge Infrastructure; (d) provide for the prevention and removal of obstructions, encroachments and nuisances on or near the Bridge Infrastructure; (e) propose Toll rates and periodic adjustments on the Toll rates to the Council based on international best practices; (f) charge Tolls, on approval by the Council, from users of the Bridge with the exception of border agencies on official duty; (g) establish and administer a Fund into which all revenue, after payment of the agreed costs and operation expenditure of the Authority, shall be paid; (h) have the revenue of the Authority audited and periodically review the adequacy of such revenue to defray costs associated with the operation, management and maintenance of the Bridge Infrastructure; (i) monitor the traffic flow through the Bridge Infrastructure; (j) organise and attend regular meetings with the Lead Agencies; (k) act as the central authority at the Bridge Infrastructure in matters of Emergency; (l) ensure compliance with applicable safety and environmental standards; and (m) perform any other function incidental to or reasonably necessary or desirable for the attainment of its objectives. d environmental standards; and (m) perform any other function incidental to or reasonably necessary or desirable for the attainment of its objectives. 2. Subject to the approval by the Council, the Authority may delegate or appoint an agency or service provider to collect Tolls and any other charges. ARTICLE 5 - THE COUNCIL 1. There shall be a Council of Ministers which shall act as a supervisory body for the Authority. 2. The Council shall consist of six (6) members, three (3) of whom shall be the Ministers responsible for finance, trade, transport or infrastructure in the Republic of Botswana, and three (3) Ministers responsible for finance, trade, transport or infrastructure in the Republic of Zambia, respectively. 3. The Council shall meet once annually in ordinary session and may meet in extraordinary session at the request of either one or both of the Contracting Parties or the Board. The meetings of the Council shall be hosted on a rotational basis between the Contracting Parties. 4. The Council shall at its annual ordinary session appoint a chairperson and vice chairperson, who shall be from the same country, to preside over the affairs of the Council. The chairpersonship and vice chairpersonship shall be held alternately by ministers of the Contracting Parties. 5. de over the affairs of the Council. The chairpersonship and vice chairpersonship shall be held alternately by ministers of the Contracting Parties. 5. A quorum shall be formed when at least four (4) members of the Council are present, provided that at least two (2) members shall come from each Contracting Party. 6. The Authority shall provide secretarial services to the Council. nt, provided that at least two (2) members shall come from each Contracting Party. 6. The Authority shall provide secretarial services to the Council. 7. The decisions of the Council shall be taken by consensus. 8. The Council shall regulate its own procedure. 9. The powers of the Council shall include— (a) providing policy direction to the Board in conformity with the purposes and objectives of the Authority; (b) approving long term development plans of the Authority; (c) approving the Toll rates; (d) giving directions to the Board on matters of public interest; (e) providing guidelines on the management and direction of the Fund; (f) deciding on matters referred to them by the Board; (g) approving By-laws of the Authority; (h) approving the appointment of external auditors, on the recommendation of the Board; and (i) approving the appointment of the Executive Director. 10. The Council may, as it deems necessary, delegate any of its powers to the Board. Such delegation shall outline the specific power delegated and the time period. ARTICLE 6 - BOARD OF DIRECTORS 1. The Authority shall have a Board of Directors. The Contracting Parties shall appoint to the Board an equal number of members. - BOARD OF DIRECTORS 1. The Authority shall have a Board of Directors. The Contracting Parties shall appoint to the Board an equal number of members. The Board shall consist of ten (10) members as follows: (a) a permanent secretary from each Contracting Party in the ministry responsible for infrastructure, transport, works and supply or maintenance; (b) two (2) members from each Contracting Party with training or experience in transport, engineering, finance, trade or any other technical qualifications or experience relevant to the running of the affairs of the Authority; (c) a representative from the Lead Agency of each of the Contracting Parties; and (d) the Executive Director and Board Secretary who shall be ex-officio members. 2. The members of the Board shall be appointed by the respective Contracting P a r t i e s taking into consideration that the members listed in Article 6 sub-article 1(b) do not share expertise in the same field. Preference shall be given to candidates with expertise in more than one of the listed fields. 3. The members referred to in Article 6 sub-article 1(a) shall rotate as Board chairperson at the beginning of every financial year. The Board chairperson shall regularly update the Council regarding the actions taken by the Board. airperson at the beginning of every financial year. The Board chairperson shall regularly update the Council regarding the actions taken by the Board. If deemed necessary by the Board or requested by the Council, the Board chairperson shall be present at the meetings of the Council. 4. A Board member, except a member referred to under Article 6 sub-article 1(a), shall hold office for a period of three (3) years and may be re-appointed for a further and final term of three (3) years. 124 No. 12 of 2024 Kazungula Bridge Authority for a period of three (3) years and may be re-appointed for a further and final term of three (3) years. 124 No. 12 of 2024 Kazungula Bridge Authority Kazungula Bridge Authority [No. 12 of 2024 125 5. Subject to this Agreement, the Board shall regulate its own procedure, and shall meet for the transaction of its business at least once every three (3) months. 6. The Board shall make every effort to adopt a decision on the basis of consensus. If all efforts to reach consensus on a matter at a meeting of the Board have been exhausted and no agreement is reached, the matter shall be referred to the Council for resolution. 7. Five (5) members, with at least two (2) from each Contracting Party, shall form a quorum. 8. atter shall be referred to the Council for resolution. 7. Five (5) members, with at least two (2) from each Contracting Party, shall form a quorum. 8. The functions of the Board shall be to— (a) consider and approve the budget of the Authority; (b) prepare and recommend for approval, by the Council, the long-term development plans of the Authority; (c) provide guidance on how the funds of the Authority are to be utilised; (d) recommend, to the Council, the appointment and dismissal of external auditors; (e) appoint and dismiss the Executive Director; (f) determine the functions, powers and review the performance of the Executive Director; (g) establish ad hoc or standing committees or any other appropriate organs as may be necessary for the implementation of this Agreement; (h) make such recommendations to the Council as will ensure the effective and efficient use of the Bridge Infrastructure; (i) to give effect to such directions, as may, from time to time, be given by the Council; (j) to submit development plans, programs and the respective budgets to the Council for approval; (k) to approve the Authority’s organisational structure; (l) to carry out such other functions as are provided for in this Agreement or are incidental to the better performance of its functions. 9. tructure; (l) to carry out such other functions as are provided for in this Agreement or are incidental to the better performance of its functions. 9. The Board may recommend for approval by the Council, By-laws for the better exercise of the operations of the Bridge Infrastructure. By-laws made by the Authority shall only have legal force if they have been approved by the Council and published in the Gazette of each Contracting Party in which shall be specified the commencement date of such laws. Such By-laws may provide for— (a) the manner in which the Executive Director and other officers of the Authority may be recruited; (b) the terms and conditions of service of the Executive Director and other officers of the Authority; (c) the appointment of support staff; (d) the establishment of committees; s of service of the Executive Director and other officers of the Authority; (c) the appointment of support staff; (d) the establishment of committees; 126 No. 12 of 2024 Kazungula Bridge Authority (e) the operation, monitoring and cooperation relating to the Bridge Infrastructure; (f) the administrative tasks relating to the Bridge Infrastructure; and (g) the plan for the promotion of the use of the Bridge. 10. Each Board member shall be paid out of the funds of the Authority such sitting allowance as the Council may determine. ARTICLE 7 - APPOINTMENT AND FUNCTIONS OF THE EXECUTIVE DIRECTOR 1. There shall be an Executive Director of the Authority who shall, subject to the approval of the Council, be appointed by the Board and shall be a Zambian national. 2. The Executive Director shall be responsible for the day-to-day administration of the Authority. ARTICLE 8 - HOST AGREEMENT The Host Party shall be Botswana and Botswana shall conclude a Host Agreement with the Authority which will stipulate the privileges and immunities to be accorded to the Authority by the Host Party, as well as other hosting conditions. ARTICLE 9 - FINANCIAL PROVISIONS 1. A Fund shall be established which will be administered by the Authority. rty, as well as other hosting conditions. ARTICLE 9 - FINANCIAL PROVISIONS 1. A Fund shall be established which will be administered by the Authority. The Fund shall be made up of all revenue, after payment of the agreed costs and the operational expenditure of the Authority. 2. The Contracting Parties agree that the monies in the Fund shall only be used— (a) if, in a given financial year, the revenue is insufficient to cover the fees and agreed costs and the operational expenditure of the Authority; (b) to fund additional capital expenditure related to the Bridge Infrastructure; and (c) to invest monies that are not immediately required for the purposes of the Fund in a manner authorised by the Council. 3. Unutilised monies in the Fund shall not be disbursed to the Contracting Parties, except in response to a decision of the Council. This should include a financial forecast of the costs and income of the Authority for the subsequent three (3) years, demonstrating that distribution of money to the Contracting Parties is economically justified. 4. of the Authority for the subsequent three (3) years, demonstrating that distribution of money to the Contracting Parties is economically justified. 4. (1) The revenue of the Authority shall consist of— (a) tariffs, Tolls or other levies which may, with the approval of the Council, be charged for services rendered by the Authority; (b) rentals received from Private Actors in accordance with Article 9 sub-article 11; (c) grants, donations or other disbursements from any source whatsoever approved by the Council; (d) interest from savings; and (e) returns on investments. (2) Notwithstanding Article 9 sub-article 4(1), the Contracting Parties may contribute monies to the Authority. 5. The accounting currency for the Authority shall be United States Dollar. icle 4(1), the Contracting Parties may contribute monies to the Authority. 5. The accounting currency for the Authority shall be United States Dollar. Kazungula Bridge Authority [No. 12 of 2024 127 6. The financial year of the Authority shall be a period of twelve (12) months from 1st January to 31st December of each calendar year. 7. The Board shall, prior to the commencement of each financial year, cause to be prepared and submitted for the approval of the Council, a budget of the Authority for such financial year. 8. The Board shall ensure that accounts and other records in relation thereto are kept by the Authority and shall prepare financial statements in respect of each financial year of the Authority. 9. The accounts of the Authority in respect of each financial year shall, in accordance with auditing principles consistently applied, be audited by such independent auditors as the Board may, subject to the approval of the Council, appoint for that purpose. 10. consistently applied, be audited by such independent auditors as the Board may, subject to the approval of the Council, appoint for that purpose. 10. (1) As soon as the accounts of the Authority have been prepared and audited, which should not be later than six (6) months after the end of each financial year, the Board shall submit to the Council an annual report which shall consist of— (a) an income and expenditure account, a balance sheet, the report of the auditors to the Authority and details of any directions which may have been given to the Authority by the Council in terms of this Agreement; and (b) a statement of capital expenditure certified as correct by the auditors to the Authority and showing the general heads of such expenditure compared with the figures therefore in any budget approved for that financial year together with variations; Provided that if the Authority cannot submit the accounts within six (6) months after the end of any financial year, the Board may inform the Council of the reason. (2) The Authority may subject to the approval of the Council and subject to such terms and conditions as the Council may impose in respect thereof, establish and administer specific reserves of funds for the purposes of carrying out its functions or for the benefit of its employees. 11. t thereof, establish and administer specific reserves of funds for the purposes of carrying out its functions or for the benefit of its employees. 11. The Minister responsible for transport or infrastructure shall lay a copy of each annual report of the Authority before the National Assembly within thirty (30) days after receiving it. Provided that, if by reason of the propagation or dissolution of Parliament, this section cannot be complied with within the stipulated timeframe, the Minister shall lay the annual report before the Nationals Assembly within thirty (30) days after the date on which the National Assembly first meets. 12. The costs associated with the management, maintenance of the Bridge Infrastructure and operations of the Authority shall be covered from the revenue of the Authority. 13. The Contracting Parties undertake to make good any shortfall of finances of the Authority through equal contributions to the Authority as and when required. 14. The Private Actors shall pay rentals to the Authority. Details outlining the payment of the said fees are to be included in the service level agreements. 15. vate Actors shall pay rentals to the Authority. Details outlining the payment of the said fees are to be included in the service level agreements. 15. In case extra facilities are needed to be constructed on the Bridge Infrastructure, the Authority and the requesting agent shall negotiate in good faith the terms of use for such facility in a separate contract, with regard to the extra expenses incurred by the Authority. shall negotiate in good faith the terms of use for such facility in a separate contract, with regard to the extra expenses incurred by the Authority. 128 No. 12 of 2024 Kazungula Bridge Authority 16. The Authority shall, except as provided in this Agreement, be exempt from the provisions of any legislation of the Contracting Parties regarding the audit and control of public accounts, and in particular exempt from provisions in such legislation regarding the— (a) payment of surplus revenue to the Consolidated Revenue Funds or the equivalent funds of the Contracting States; (b) submission of capital budgets; (c) submission of revenue and expenditure budgets; and (d) submission of annual reports and accounts. 17. The Authority may, on the approval of the Council, retain a proportion of excess revenue for contingency purposes and the excess declared as revenue for the Contracting Parties. ARTICLE 10 - LIMITATION OF LIABILITY 1. None of the Contracting Parties shall be liable for any acts, omissions or obligations ensuing from contracts or other agreements that the Authority has concluded for performance of activities relating to the Bridge or Bridge Infrastructure, unless such act, omission or obligation stems from a decision or order directly given to the Authority by the Council. 2. ge or Bridge Infrastructure, unless such act, omission or obligation stems from a decision or order directly given to the Authority by the Council. 2. The Authority shall be responsible for any insurance coverage as may be necessary to protect itself and/or the Contracting Parties against claims or liabilities arising out of the performance of this Agreement. 3. The Contracting Parties undertake to protect the Authority, its Board members, employees and agents from any civil or criminal liability in respect of anything done in good faith and without negligence pursuant to the provisions of this Agreement, save that such protection from liability shall not have the effect of preventing any person from obtaining redress in a court of competent jurisdiction for any breach of contract. ARTICLE 11 - OBLIGATIONS OF THE CONTRACTING PARTIES 1. The Contracting Parties shall give their full cooperation and support to the implementation of this Agreement by having regard to the principle of good governance. 2. The Contracting Parties agree, in their respective territories, to construct, maintain and improve the connecting transport corridor to maximise utilisation of the Bridge Infrastructure. 3. The Contracting Parties agree to take the necessary means to ensure the provision of adequate utility services at the Bridge Infrastructure. 4. re. 3. The Contracting Parties agree to take the necessary means to ensure the provision of adequate utility services at the Bridge Infrastructure. 4. The Contracting Parties agree to take any necessary measures including any amendment of any domestic law required to give effect to the provisions of this Agreement. ARTICLE 12 - TAX STATUS The Authority shall be regarded as performing essential governmental functions and to that extent, the Contracting Parties shall determine the tax exemptions to be accorded to the Authority. rming essential governmental functions and to that extent, the Contracting Parties shall determine the tax exemptions to be accorded to the Authority. Kazungula Bridge Authority [No. 12 of 2024 129 ARTICLE 13 - DISPUTE SETTLEMENT 1. Any dispute that may arise in the interpretation, application and implementation of this Agreement and any supplementary agreements shall be resolved by the Contracting Parties amicably and in the spirit of friendship and cooperation. This amicable settlement shall be done by the Council. 2. In the event that the Council is unable to resolve the dispute within twenty-one (21) days, the matter shall be referred to the Heads of State of the Contracting Parties. 3. The Contracting Parties hereby acknowledge that in resolving such disputes they shall primarily be guided by the need to give effect to the paramount objectives of this Agreement. 4. Any dispute between the Contracting Parties in terms of this Agreement that remains unresolved for a period of more than thirty (30) days following efforts at amicable settlement, shall be referred to the Southern African Development Community (SADC) Panel of Elders for mediation. 5. In all instances that the aforesaid dispute is not resolved in mediation, the matter shall be referred to an arbitrator(s) appointed by the Contracting Parties. tances that the aforesaid dispute is not resolved in mediation, the matter shall be referred to an arbitrator(s) appointed by the Contracting Parties. The decision of such arbitrator(s) shall be binding on the Contracting Parties. 6. The rules governing such arbitration shall be the United Nations Commission on International Trade Law (UNCITRAL) Rules of Arbitration. 7. The cost of arbitration under this Article shall be borne equally by the Contracting Parties. ARTICLE 14 - LANGUAGE The working language of the Authority shall be English. ARTICLE 15 - CONFIDENTIALITY 1. The Contracting Parties shall keep confidential any information in their possession received from the other Contracting Party in the course of the implementation of this Agreement. Such information shall not be disclosed by the receiving Contracting Party without the prior written approval of the disclosing Contracting Party or as required by law. 2. The obligations set out in this Article shall subsist notwithstanding the termination of this Agreement. ARTICLE 16 - SEVERABILITY If any provision or condition of this Agreement is prohibited or rendered invalid or unenforceable, such prohibition, invalidity or unenforceability shall not affect the validity or enforceability of any other provision of this Agreement which shall remain of full force and effect. unenforceability shall not affect the validity or enforceability of any other provision of this Agreement which shall remain of full force and effect. ARTICLE 17 - SURVIVAL The termination or expiration of this Agreement for any reason shall not release either Contracting Party from any liabilities or obligations set forth in this Agreement which remain to be performed or by their nature would be intended to be applicable following any such termination or expiration. ARTICLE 18 - NON-WAIVER A delay or failure by either Contracting Party to exercise or enforce any right under this Agreement shall not constitute a waiver of that or any other right. or failure by either Contracting Party to exercise or enforce any right under this Agreement shall not constitute a waiver of that or any other right. 130 No. 12 of 2024 Kazungula Bridge Authority ARTICLE 19 - ENTIRETY This Agreement contains all covenants and stipulations agreed by the Contracting Parties. No agent or representative of either Contracting Party has authority to make and the Contracting Party shall not be bound or liable for, any statement, representation, promise or agreement not set forth herein. ARTICLE 20 - EXISTING TREATY, AGREEMENTS OR AMENDMENTS In the absence of an agreement to the contrary, nothing in this Agreement shall affect the rights and obligations of a Contracting Party arising from other agreements in force prior to the date this Agreement comes into force for such a Contracting Party. ARTICLE 21 - SIGNATURE This Agreement shall be signed by duly authorised representatives of the Contracting Parties. ARTICLE 22 - ENTRY INTO FORCE This Agreement shall enter into force upon signature by both Contracting Parties. ARTICLE 23 - AMENDMENTS A Contracting Party may, in writing, propose an amendment to this Agreement and such amendments shall take effect upon signature of such amendment by both Contracting Parties or on a date to be mutually agreed in writing. ment and such amendments shall take effect upon signature of such amendment by both Contracting Parties or on a date to be mutually agreed in writing. ARTICLE 24 - ASSIGNMENT Neither Contracting Party may, without the prior written consent of the other Contracting Party, assign a benefit or obligation imposed in this Agreement to a third party. ARTICLE 25 - TERMINATION 1. Subject to Article 25 sub-article 2, this Agreement shall remain in force until terminated by either Contracting Party. 2. This Agreement may be terminated by either Contracting Party giving one hundred and eighty (180) days written notice to the other through diplomatic channels. 3. In the event that this Agreement is terminated, the Contracting Parties agree that outstanding matters related to the operations of the Authority shall be settled amicably. In the event that Contracting Parties fail to resolve the outstanding matters amicably, the matter shall be resolved through arbitration as contemplated in Article 13. 4. In case of dissolution of the Authority, the Contracting Parties agree to share assets and cover any liabilities incurred by the Authority equally.
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