The Local Government (Amendment) 2010

The Local Government (Amendment) [No. 6 of 2010 51
GOVERNMENT OF ZAMBIA
ACT
No. 6 of 2010
Date of Assent: 12th April, 2010
An Act to amend the Local Government Act. [16th April, 2010
ENACTED by the Parliament of Zambia. Enactment
This Act may be cited as the Local Government Short title
(Amendment) Act, 2010, and shall be read as one with the Local
Government Act, in this Act referred to as the principal Act. Cap. 281
Section two of the principal Act is amended by the insertion Amendment
in the appropriate place of the following new definition: of section 2
"Commission" means the Local Government Service
Commission established under section ninety;. 3.

e place of the following new definition: of section 2
"Commission" means the Local Government Service
Commission established under section ninety;. 3.

Section sixteen of the principal Act is amended by the Amendment
deletion of subsections (2) and (3) and the substitution therefor of of section 16
the following new subsections:
(2) The mayor, deputy mayor, chairperson or vice-chairperson
of a council shall be elected—
when the council fast sits after an ordinary election;
and
subject to the provisions of this Act, at the first
ordinary meeting of the council held immediately
after the expiry of the term of office of the mayor,
deputy mayor, chairperson or vice-chairperson
elected under paragraph (a). Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K9000 each.

airperson
elected under paragraph (a). Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K9000 each.

52 No. 6 of 2010] The Local Government (Amendment)
Repeal and
replacement
of section 17
Tenure of
office of
mayor, etc. Amendment
of section 45
Repeal and
replacement
of Part X
A person shall hold office as a mayor, deputy mayor,
chairperson or vice-chairperson of the council for only one
term. Where a person has held office once as mayor, deputy
mayor, chairperson or vice-chairperson of a council, the
person may be elected to that office again after five years
from the date on which the person last held the office. (5) On the commencement of this Act, a person holding office
as a mayor, deputy mayor, chairperson or vice-chairperson
of a council shall continue to hold such office until the end
of the term of that office. The principal Act is amended by the repeal of section
seventeen and the substitution therefor of the following new section:
17. (1) A mayor, deputy mayor, chairperson and vice-
chairperson of a council shall, subject to the provisions of this
Act, hold office for a period of two and a half years from the
date of election.

ce-
chairperson of a council shall, subject to the provisions of this
Act, hold office for a period of two and a half years from the
date of election.

(2) A person elected as mayor, deputy mayor, chairperson
or vice-chairperson of a council in the first election after the
commencement of this Act shall, subject to the provisions of
this Act, hold office up to the date of the announcement of
the next ordinary election. Sectionforty-five of the principal Act is amended in sub-
section (3) by the insertion—
in paragraph (g), immediately after the semi-colon, of the
word "and"; and
immediately after paragraph (g), of the following new
paragraph:
(h) the salaries of principal officers and officers of a
council. 6. The principal Act is amended by the repeal of Part X and
the substitution therefor of the following new Part:

l officers and officers of a
council. 6. The principal Act is amended by the repeal of Part X and
the substitution therefor of the following new Part:

The Local Government (Amendment) fNo. 6 of 2010 53
PART X
THE LOCAL GOVERNMENT SERVICE COMMISSION
90. (1) There is hereby established the Local Government Establishment
Service Commission. of Local
(2) The Commission shall consist of— Government
Service
a Chairperson; Commission
a Vice-Chairperson; and
(c) three other members. (3) The members of the Commission shall be appointed by the
President and shall serve on full-time basis. (4) A person shall not be eligible for appointment as a member
of the Commission if—
that person is under any written law, adjudged or otherwise
declared to be of unsound mind;
that person is adjudged or declared bankrupt under any
written law in Zambia;
that person has been convicted of an offence under this
Act or any other law and been sentenced therefor for a
period exceeding six months;
that person is a member of the National Assembly;
(e) that person is a councillor;
(/) that person is employed in the local government service or
in any council;
that person is not a citizen of Zambia;
that person's freedom of movement is restricted or that
person is detained under any law in force in Zambia; or
(i) that person holds any office in a political party.

eedom of movement is restricted or that
person is detained under any law in force in Zambia; or
(i) that person holds any office in a political party.

(5) The expenses and costs of the Commission shall be paid
out of funds appropriated by Parliament for the performance of
the Commission's functions under this Act. 91. The functions of the Commission are to—
exercise responsibility in respect of all matters relating to
principal officers and officers of the councils established
under this Act; and
do all such things as are necessary or incidental to the
regulation of service with councils. 92. (1) A member of the Commission shall, subject to the other
provisions of this Part, hold office for a term of three years and
may be re-appointed for a further term of three years. Functions of
Commission
Tenure of
office and
vacancy

hold office for a term of three years and
may be re-appointed for a further term of three years. Functions of
Commission
Tenure of
office and
vacancy

54 No. 6 of 2010] The Local Government (Amendment)
Upon the expiration of the term for which a member is
appointed, the member shall continue to hold office until another
member is appointed, but in no case shall any extension of the
period exceed three months. The office of a member shall be vacated—
at the expiry of the term for which the member was
appointed or re-appointed;
upon the member's death;
if the member is adjudged bankrupt;
if the member is absent from three consecutive meetings
of the Commission which the member has had notice,
without the prior approval of the Commission;
(e) upon the expiry of one month's notice of the member's
intention to resign, given by the member in writing to
the President;
(/) if the member becomes mentally or physically incapable
of performing duties as a member;
if the member is removed by the President for inability to
discharge the functions of the member's office; or
if the member is convicted of an offence under this Act
or any other law.

resident for inability to
discharge the functions of the member's office; or
if the member is convicted of an offence under this Act
or any other law.

(4) Where there is a vacancy in the membership of the
Commission before the expiry of the term of office, the President
shall appoint another person to replace the member who vacates
office but that person shall only hold office for the reminder of the
term. Commission 93. The Commission shall—
to appoint (a) appoint such principal officers and officers of a council
staff of as the Commission considers necessary for thecouncil performance of the functions of such council; and
(b) discipline any principal officer or officer of a council. Transfer of 94. The Commission may transfer any principal officer or
staff of officer of a council from one council to another, on such terms and
council conditions as the Commission may determine. Secondment 95. (1) The Commission may, upon receiving a request from
of officer, a council, second an officer to that council for such period and on
etc. to such terms and conditions as the Commission may determine. another
council (2) The Commission may, in accordance with regulations issued
by the Commission under section one hundred and five, authorise
the secondment, to a council, of an officer of the civil service or a
statutory corporation.

Commission under section one hundred and five, authorise
the secondment, to a council, of an officer of the civil service or a
statutory corporation.

The Local Government (Amendment) [No. 6 of 2010 55
Any person who, prior to the commencement of this Act,
is employed as a principal officer or an officer of a council shall
continue to hold office in the council after the commencement of
this Act on such terms and conditions as the Commission may
determine. The Minister responsible for local government shall
provide the necessary staff to the Commission to enable the
Commission perform its functions under this Act. The President and the Minister may give to the
Commission or to any person to whom the functions of the
Commission are delegated, such general directions with respect to
the discharge of the functions of the Commission as the President
or the Minister may consider necessary, and the Commission or
that person, as the case may be, shall comply with those directions. ( I ) Subject to the other provisions of this Act, the
Commission may regulate its own procedure. The Commission shall meet at least once in every quarter
of the year for the transaction of its business at such places and
times as the Commission may determine.

on shall meet at least once in every quarter
of the year for the transaction of its business at such places and
times as the Commission may determine.

Upon giving notice of not less that fourteen days, a meeting
of the Commission may be called by the Chairperson and shall be
called if not less than three members so request in writing:
Provided that if the urgency of any particular matter does not
permit the giving of such notice, a special meeting may be called
upon giving a shorter notice. Three members of the Commission shall form a quorum
at any meeting of the Commission. There shall preside at any meeting of the Commission—
the Chairperson;
in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of both the Chairperson and Vice-
Chairperson, such member as the members present shall
elect for the purpose of that meeting. (6) A decision of the Commission on any question shall be by
a majority of the members present and voting at the meeting and in
the event of an equality of votes, the person presiding at the meeting
shall have a casting vote in addition to that person's deliberative
vote. Existing
officers and
other staff of
councils
Secretariat
of
Commission
Directions
by President
and
Minister
Proceedings
of
Commission

iberative
vote. Existing
officers and
other staff of
councils
Secretariat
of
Commission
Directions
by President
and
Minister
Proceedings
of
Commission

56 No. 6 of 2010] The Local Government (Amendment)
The Commission may invite any person whose presence,
in its opinion, is desirable to attend and participate in the deliberations
of a meeting of the Commission, but that person shall have no vote. The validity of any proceedings, act or decision of the
Commission shall not be affected by any vacancy in the membership
of the Commission 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. (9) The Commission shall cause minutes to be kept of the
proceeding of every meeting of the Commission and any committee
established by the Commission. Committees 100. (1) The Commission may, for the purpose of
performing its functions under this Act, constitute any committee
and may delegate to the committee any of its functions. Emoluments
and
allowances
Disclosure of
interest
The Commission may appoint as members of a committee
constituted under subsection (1), persons who are or are not
members of the Commission and such persons shall hold office for
such period as the Commission may determine.

bsection (1), persons who are or are not
members of the Commission and such persons shall hold office for
such period as the Commission may determine.

Subject to any specific or general direction of the
Commission, a committee may regulate its own procedure. A member of the Commission or any committee thereof
shall be paid such emoluments and allowances as the Commission
may, with the approval of the Minister, determine. (1) Any person who is present at a meeting of the
Commission or a committee of the Commission 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, shall, as soon as is practicable after the commencement
of the meeting, disclose the interest and shall not, unless the
Commission or the committee, as the case may be, otherwise directs,
take part in any consideration or discussion of, or vote on, any
question relating to that matter. (2) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made.

ion relating to that matter. (2) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made.

The Local Government (Amendment) [No. 6 of 2010 57
103. (1) A person shall not, without the consent in writing
given by or on behalf of, the Commission, 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. A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units, or to imprisonment for a period not
exceeding two years, or to both. A person who having information which to that person's
knowledge has been published or disclosed in contravention of
subsection (1), unlawfully publishes or communicates the
information to any other person, commits an offence and is liable,
upon conviction, to a fine not exceeding two hundred thousand
penalty units, or to imprisonment for a period not exceeding two
years, or to both. 104.

upon conviction, to a fine not exceeding two hundred thousand
penalty units, or to imprisonment for a period not exceeding two
years, or to both. 104.

An action or other proceeding shall not lie or be instituted
against a member of the Commission, a committee of the
Commission or a member of staff of the Commission 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. 105. (1) The Commission may, with the approval of the
President, make regulations governing service with a council and
the powers and duties of councils with regard to their principal
officers and officers.

esident, make regulations governing service with a council and
the powers and duties of councils with regard to their principal
officers and officers.

(2) Without prejudice to the generality of subsection (1),
regulations made under this section may provide for—
the creation or abolition of any post in a council;
the terms and conditions of appointment, promotion,
transfer, secondment, dismissal, discharge and discipline
of principal officers and officers;
the qualifications for appointment to any post in a council;
establishment of a council secretariat under the
supervision of the principal officer of the council, the
other members of the secretariat, and their functions;
or
(e) the training of principal officers and officers of a council
and the standards for promotion of officers. Prohibition of
publication or
disclosure of
information
to
unathorised
persons
Immunity of
members of
Commission
Regulations

58 No. 6 of 2010] The Local Government (Amendment)
(3) Regulations under this section may make different
provisions for different categories of councils and different
categories of principal officers or officers.
Repeal of 7. The principal Act is amended by the repeal of the Third
Third Schedule.
Schedule