The National Forensic Act, 2020

National Forensic [No. 2 of 2020 31
THE NATIONAL FORENSIC ACT, 2020
ARRANGEMENTS OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Sections
1. Short title and commencement
2. Interpretation
PART II
NATIONAL FORENSIC AUTHORITY
3. Establishment of National Forensic Authority
4. Functions of Authority
5. Board of Authority
6. Functions of Board
7. Executive Director, Secretary and other staff
8. Delegation of functions
9. Oath on appointment
PART III
INSPECTORATE
10. Inspectors
11. Powers of inspectors
PART IV
LICENCES
12. Single licensing system
13. Prohibition from providing forensic service without licence
14. Provisional licence
15. Licence
16. Transfer of licence
17. Display of licence
18. Variation of conditions of licences
19. Surrender of licence
20. Suspension or cancellation of licence
21. Renewal of licence
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K48.00 each.

licence
21. Renewal of licence
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K48.00 each.

32 No. 2 of 2020] National Forensic
22. Register of licences
23. Publication of licensed forensic service providers
PART V
OFFICE OF THE STATE FORENSIC PATHOLOGIST
24. Establishment of Office of State Forensic Pathologist
25. Appointment of Deputy State Forensic Pathologist and other
staff
26. Functions of Office of State Forensic Pathologist
PART VI
NATIONAL FORENSIC SCIENCE AND BIOMETRICS DEPARTMENT
27. Establishment of National Forensic Science and Biometrics
Department
28. Functions of Department
29. State Forensic Analyst, Deputy State Forensic Analyst and
other officers
PART VII
GENERAL PROVISIONS
30. Appeals
31. Offences
32. Offence by a principal officer or shareholder of body
corporate or unincorporate body
33. Authority to issue guidelines
34. Regulations
SCHEDULE

s
32. Offence by a principal officer or shareholder of body
corporate or unincorporate body
33. Authority to issue guidelines
34. Regulations
SCHEDULE

An Act to regulate the practice of forensic science and
forensic pathology and provide for the licensing of forensic
service providers; establish the National Forensic
Authority and provide for its functions; establish the Board
of the Authority and provide for its functions; establish
the Office of the State Forensic Pathologist; establish the
National Forensic Science and Biometrics Department;
and provide for matters connected with, or incidental to,
the foregoing. [26th October, 2020
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY
1 This Act may be cited as the National Forensic Act, 2020,
and shall come into operation on the date appointed by the Minister
by statutory instrument. 2.

s Act may be cited as the National Forensic Act, 2020,
and shall come into operation on the date appointed by the Minister
by statutory instrument. 2.

In this Act, unless the context otherwise requires—
“ anatomical pathologist ” means a medical doctor qualified
to examine tissue specimens taken from the human body
for purposes of making a diagnosis;
“ associate ” has the meaning assigned to the word in the
Anti-Corruption Act;
“ Authority ” means the National Forensic Authority
established under section 3;
“ biometric ” means the measurement and statistical analysis
of a human being’s unique physical and behavioural
characteristics;
Short title
and
commencement
Enactment
National Forensic [No. 2 of 2020 33
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 2 of 2020
Date of Assent: 23rd October, 2020

actment
National Forensic [No. 2 of 2020 33
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 2 of 2020
Date of Assent: 23rd October, 2020

34 No.

34 No.

2 of 2020] National Forensic
“ Board ” means the National Forensic Board constituted under
section 5;
“ Chairperson ” means the person appointed as Chairperson
of the Board under section 5;
“ crime scene sample ” means physical evidence which is
retrieved from a crime scene or any other place where the
evidence of a crime may be found, and includes physical
evidence collected from the body of a person;
“ Department ” means the National Forensic Science and
Biometrics Department established under section 27;
“ Emoluments Commission ” has the meaning assigned to the
words in the Constitution;
“ Executive Director ”’ means the person appointed as
Executive Director of the Authority under section 7;
“ forensic ” means the practice of forensic pathology and
forensic science;
“ forensic analyst ” means a forensic expert who practices
forensic science and has a postgraduate qualification in any
field of forensic science;
“ forensic analysis ” means the application of analytical tools
and techniques in the discovery of evidence or examination
of materials relevant to the investigation of a crime or other
legal proceedings;
“ forensic information ” means any information used in a
forensic investigation, including a deoxyribonucleic acid
(DNA) profile, fingerprint, impression evidence, serological
results, or other related pieces of evidential information
obtained by forensic analysis;
“ forensic investigation ” means the gathering and analysis of
crime related evidence and information by an authorised
officer;
“ forensic pathologist ” means a medical doctor who—
(a) holds a qualification in anatomical pathology or its
equivalent; and
(b) has at least one year’s experience in forensic
pathology, post anatomical pathology qualification;
Cap.

natomical pathology or its
equivalent; and
(b) has at least one year’s experience in forensic
pathology, post anatomical pathology qualification;
Cap.

1

1

National Forensic [No.

National Forensic [No.

2 of 2020 35
“ forensic pathology ” means the application of medical
scientific methods in the investigation of violent, suspicious,
sudden, unexpected, unattended deaths and deaths in
custody;
“ forensic sample ” means a sample collected from a crime
scene and used in an investigation;
“ forensic science ” means the application of specialised
scientific methods in legal matters;
“ forensic service ” means the provision of forensic science
services;
“ forensic service provider” means a laboratory or facility
that provides a forensic service;
“ inspector ” means a person appointed as an inspector under
section 10;
“ legally disqualified ” means having no legal capacity as
provided in section 4 of the Mental Health Act;
“ licence ” means a licence issued by the Authority under
section 15;
“ licensee ” means a holder of a licence issued under this
Act;
“ mass disaster ” means an event, natural or man-made,
sudden or progressive, resulting in casualties numbering
more than ten individuals, the remains of which are identified
and subjected to an investigation under the Inquests Act;
“ medical doctor ” means a medical doctor registered under
the Health Professions Act;
“ medicolegal death ” means death that falls within the
jurisdiction of a coroner under the Inquests Act;
“ member ” means a member of the Board;
“ provisional licence ” means a provisional licence issued by
the Authority under section 14;
“ relative ” has the meaning assigned to the word in the Anti-
Corruption Act;
“ State Forensic Analyst ” means a person appointed as a
State Forensic Analyst under section 29;
“ State Forensic Pathologist ” means a person appointed as a
State Forensic Pathologist under section 24;
Act No.

e Forensic Analyst under section 29;
“ State Forensic Pathologist ” means a person appointed as a
State Forensic Pathologist under section 24;
Act No.

6
of 2019
Act No. 24
of 2009
Cap. 36
Act No. 3
of 2012
Cap. 36

6
of 2019
Act No. 24
of 2009
Cap. 36
Act No. 3
of 2012
Cap. 36

Functions of
Authority
36 No. 2 of 2020] National Forensic
“ State institution ” has the meaning assigned to the words in
the Constitution;
“ tissue ” has the meaning assigned to the word in the Inquests
Act;
“ Zambia Bureau of Standards ” means the Zambia Bureau
of Standards established by the Standards Act; and
“ Zambia Compulsory Standards Agency ” means the Zambia
Compulsory Standards Agency established by the
Compulsory Standards Act. PART II
NATIONAL FORENSIC AUTHORITY
3. There is established the National Forensic Authority which
is a body corporate with perpetual succession and a common seal,
capable of suing and being sued in its corporate name and with
power, subject to this Act, to do acts and things that a body corporate
may, by law, do or perform. 4. (1) The function of the Authority is to regulate forensic
services.

is Act, to do acts and things that a body corporate
may, by law, do or perform. 4. (1) The function of the Authority is to regulate forensic
services.

(2) Despite the generality of subsection (1), the functions of
the Authority are to—
(a) regulate forensic service providers;
(b) promote integrity of forensic services;
(c) monitor and make proposals on the conduct and
performance of forensic analysis;
(d) monitor compliance with forensic ethical and privacy
matters;
(e) propose minimum quality standards to be implemented
and maintained in performing forensic analysis;
(f) promote public accountability and transparency with
respect to performing forensic analysis;
(g) promote public awareness and understanding of forensic
science;
(h) facilitate the carrying out of forensic research;
(i) develop and approve protocols of testing and examination
methods; and
(j) advise the Minister on matters relating to forensic science
and forensic pathology. Establishment
of National
Forensic
Authority
Cap. 1
Act No.4 of
2017
Act No.3 of
2017
Cap. 36

ers relating to forensic science
and forensic pathology. Establishment
of National
Forensic
Authority
Cap. 1
Act No.4 of
2017
Act No.3 of
2017
Cap. 36

National Forensic [No. 2 of 2020 37
(3) The Schedule applies to the Authority. 5. (1) There is constituted the Board of the Authority which
consists of the following part time members appointed by the
Minister:
(a) a representative of the ministry responsible for forensic
science;
(b) a representative of the Attorney-General;
(c) a representative of the Director of Public Prosecutions;
(d) a representative of the Inspector General of Police;
(e) a representative of the Commissioner of the Drug
Enforcement Commission;
(f) a representative of the Human Rights Commissioner;
(g) a Forensic Pathologist;
(h) a Forensic Analyst; and
(i) a person with relevant knowledge and experience in
matters relating to forensics. (2) The Minister shall appoint the Chairperson from among
the members and the Vice-Chairperson shall be elected by the
members from among themselves.

(2) The Minister shall appoint the Chairperson from among
the members and the Vice-Chairperson shall be elected by the
members from among themselves.

(3) A person shall not be appointed as a member if that
person—
(a) is not a citizen;
(b) is an undischarged bankrupt;
(c) is legally disqualified from performing the duties of a
member;
(d) has been convicted of an offence involving fraud or
dishonesty; or
(e) has been convicted of an offence under any other written
law and sentenced to a term of imprisonment exceeding
six months without the option of a fine. (4) The Schedule applies to the Board. Board of
Authority

w and sentenced to a term of imprisonment exceeding
six months without the option of a fine. (4) The Schedule applies to the Board. Board of
Authority

Delegation of
functions
Oath on
appointment
Cap. 6
Inspectors
38 No. 2 of 2020] National Forensic
6. (1) Subject to this Act, the Board shall provide strategic
direction to the Authority. (2) Despite the generality of subsection (1), the functions of
the Board are to—
(a) formulate the policies of the Authority;
(b) approve the annual workplan and activity reports of the
Authority; and
(c) approve the annual budget estimates and financial
statements of the Authority. 7. (1) The Board shall appoint an Executive Director of the
Authority who shall be the chief executive officer of the Authority
and responsible, under the direction of the Board, for the day-to-
day administration of the Authority. (2) The Executive Director shall attend meetings of the Board
and may address those meetings but shall not vote on any matter
before the Board. (3) The Board shall appoint a Secretary of the Authority and
other staff that the Board considers necessary for the performance
of the functions of the Authority. (4) The Emoluments Commission shall, on the
recommendation of the Board determine the emoluments of the
Executive Director, Secretary and other staff of the Authority.

s Commission shall, on the
recommendation of the Board determine the emoluments of the
Executive Director, Secretary and other staff of the Authority.

(5) The Authority shall determine the conditions of service,
other than the emoluments, of the Executive Director, Secretary
and other staff of the Authority. 8. The Board may, subject to any conditions imposed, and
guidelines issued by the Board, delegate any of its functions to the
Executive Director. 9. A member, the Executive Director, the Secretary and other
staff of the Authority shall, on appointment, take an oath in
accordance with the Official Oaths Act. PART III
INSPECTORATE
10. (1) The Authority may appoint, on the terms and conditions
that the board may determine, a suitably qualified person to be an
inspector for the purpose of ensuring compliance with this Act. Functions of
Board
Executive
Director,
Secretary and
other staff

ified person to be an
inspector for the purpose of ensuring compliance with this Act. Functions of
Board
Executive
Director,
Secretary and
other staff

National Forensic [No. 2 of 2020 39
(2) The Authority shall provide an inspector with an
identification card and a certificate of appointment in the prescribed
form which shall be prima facie evidence of the inspector’s
appointment. (3) An inspector shall, in performing any function under this
Act—
(a) be in possession of the identification card or a certificate
of appointment referred to in subsection (2); and
(b) show an identification card or a certificate of appointment
to a person who requests to see the identification card
or the certificate of appointment. 11. (1) An inspector may, in performing any function under
this Act—
(a) examine a document or an article found on the premises
that has a bearing on the inspection;
(b) enter and search any premises; and
(c) require information to be given about a document or an
article by—
(i) the owner of the premises;
(ii) the person in control of the premises;
(iii) a person who has control of the document or
article; or
(iv) any other person who may have the information.

e person in control of the premises;
(iii) a person who has control of the document or
article; or
(iv) any other person who may have the information.

(2) Where a forensic service provider has discontinued a
forensic service or has been closed down and does not have a
laboratory or facility, an inspector may require a person who has
custody of a document or an article related to past forensic services
to produce the document or article at a reasonable place and time. (3) An inspector shall furnish the Authority with a written
report and any other information relating to an inspection, as the
Authority may require. (4) A person commits an offence if that person—
(a) delays or obstructs an inspector in the performance of
the inspector’s functions under this Act;
Powers of
inspectors

s an offence if that person—
(a) delays or obstructs an inspector in the performance of
the inspector’s functions under this Act;
Powers of
inspectors

Act No. 3 of
2014
Prohibition
from
providing
forensic
service
without
licence
Provisional
licence
40 No. 2 of 2020] National Forensic
(b) refuses to give an inspector reasonable assistance that
the inspector may require for the purpose of exercising
the inspector’s powers;
(c) gives an inspector false or misleading information in answer
to an inquiry made by the inspector; or
(d) impersonates or falsely represents oneself to be an
inspector. (5) A person convicted of an offence under subsection (4) is
liable to a fine not exceeding two hundred thousand penalty units or
to imprisonment for a term not exceeding two years, or to both. PART IV
LICENCES
12. (1) The Authority shall operate a single licensing system
for activities in the forensic science sector in accordance with the
Business Regulatory Act.

1) The Authority shall operate a single licensing system
for activities in the forensic science sector in accordance with the
Business Regulatory Act.

(2) Where a licence is obtained in accordance with the
procedures specified under the Business Regulatory Act, the
Authority shall endorse on the licence—
(a) the name of the licence;
(b) the name of the licensee;
(c) the nature and scope of the activity authorised under the
licence;
(d) the conditions attached to the licence; and
(e) any other relevant information that the Authority may
endorse. 13. (1) A person shall not provide forensic services without a
licence issued under this Act. (2) A person who contravenes subsection (1) 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. 14. (1) A person who intends to provide a forensic service shall
apply to the Authority for a provisional licence in the prescribed
manner and form. Single
licensing
system
Act No. 3
of 2014

a forensic service shall
apply to the Authority for a provisional licence in the prescribed
manner and form. Single
licensing
system
Act No. 3
of 2014

National Forensic [No. 2 of 2020 41
(2) The Authority shall, within thirty days of receipt of the
application for a provisional licence, grant or reject the application. (3) The Authority shall, where it rejects an application for a
provisional licence, notify the applicant, within five days of the
decision to reject the application, stating reasons for the rejection. 15. (1) A holder of a provisional licence may, one year after
the issuance of the provisional licence, apply to the Authority for a
licence in the prescribed manner and form. (2) The Authority shall, on receipt of the application referred
to in subsection (1), grant or reject the application. (3) The Authority shall, where it rejects the application for a
licence, notify the holder of the provisional licence stating the reasons
thereof. 16. A licence issued under this Act shall not be transferred,
assigned or encumbered in any manner without the prior approval
of the Authority. 17. A licensee shall display a copy of a licence issued under
this Act in a conspicuous place at the place of practice. 18.

approval
of the Authority. 17. A licensee shall display a copy of a licence issued under
this Act in a conspicuous place at the place of practice. 18.

(1) A licensee may, at any time during the validity of the
licence, if there are any changes to the licensee’s business
operations, apply to the Authority for variation of the terms and
conditions of the licence. (2) The Authority may approve the amendment of a licence to
accommodate any variations requested by the licensee, and endorse
and indicate the date of any variation approved on the licence. 19. (1) Where a licensee decides to discontinue the provision
of forensic services, the licensee shall notify theAuthority in writing,
and surrender the licence to the Authority. (2) The Authority shall, where a licence is surrendered under
subsection (1), cancel the licence subject to conditions that the
Authority may impose with respect to the winding up of the licensed
activity. Licence
Transfer of
licence
Display of
licence
Variation of
conditions of
licences
Surrender of
licence

ct to the winding up of the licensed
activity. Licence
Transfer of
licence
Display of
licence
Variation of
conditions of
licences
Surrender of
licence

Renewal of
licence
Register of
licences
42 No. 2 of 2020] National Forensic
20. (1) The Authority may suspend or cancel a licence where
the licensee—
(a) obtained the licence through fraud, misrepresentation or
concealment of a material fact;
(b) assigns, cedes or otherwise transfers the licence without
the prior approval of the Authority;
(c) fails to comply with a term or condition of the licence; or
(d) operates the licensed activity in contravention of this
Act or any other relevant written law. (2) The Authority shall, before suspending or cancelling a
licence in accordance with subsection (1), notify the licensee of
the Authority’s intention to suspend or cancel the licence, giving
the reasons for its decision and requesting the licensee to show
cause, within a reasonable period as may be specified in the notice,
why the licence should not be suspended or cancelled. (3) The Authority shall not suspend or cancel a licence under
this section if the licensee takes remedial measures to the
satisfaction of the Authority within the period referred to in
subsection (2).

cence under
this section if the licensee takes remedial measures to the
satisfaction of the Authority within the period referred to in
subsection (2).

(4) Where a licence is cancelled in accordance with this
section, the licensee shall surrender the licence to the Authority
and the Authority shall cancel the licence, subject to conditions
that the Authority may impose with respect to the licensed activity. (5) The Authority shall, where it suspends or cancels a licence
under this section, publicise the fact of suspension or cancellation
in the Gazette. 21. A licensee may, within ninety days prior to the expiration
of the period of validity of the licence, apply to the Authority for
renewal of the licence in the prescribed manner and form, on
payment of a prescribed fee. 22. (1) The Authority shall cause to be kept and maintained a
register of licences issued under this Act in the prescribed manner
and form. (2) The register shall be open for inspection by members of
the public during normal office hours on payment of a fee that the
Authority may determine. Suspension
or
cancellation
of licence

ection by members of
the public during normal office hours on payment of a fee that the
Authority may determine. Suspension
or
cancellation
of licence

National Forensic [No. 2 of 2020 43
(3) The Authority may, on an application by a person, issue to
that person a certified extract from the register, or a copy of a
licence on payment of a prescribed fee. 23. The Authority shall publish annually a register of licences
in the Gazette or a daily newspaper of general circulation in the
Republic. PART V
OFFICE OF THE STATE FORENSIC PATHOLOGIST
24. (1) There is established in the ministry responsible for home
affairs the Office of the State Forensic Pathologist which shall
provide and support provision of forensic pathology and related
services and, as far as practicable, supervise and co-ordinate these
services in the investigation of death. (2) The Civil Service Commission shall appoint as a public
officer a State Forensic Pathologist who is responsible for the day-
to-day administration of the Office of the State Forensic Pathologist. (3) A person qualifies for appointment as a State Forensic
Pathologist if that person—
(a) is an anatomical pathologist or equivalent;
(b) has a post anatomical pathology qualification in forensic
pathology; and
(c) has at least 3 years experience in forensic pathology.

or equivalent;
(b) has a post anatomical pathology qualification in forensic
pathology; and
(c) has at least 3 years experience in forensic pathology.

(4) The Minister may, in writing, give the State Forensic
Pathologist directions that the Minister considers necessary in the
public interest and the State Forensic Pathologist shall give effect
to those directions to the extent that they are not inconsistent with
this Act. (5) Subject to subsection (4), the State Forensic Pathologist
shall not be subject to the direction or control of a person or an
authority in the performance of the functions of office. (6) The State Forensic Pathologist shall not, while holding the
office of State Forensic Pathologist, hold another public office. 25. (1) The Civil Service Commission shall appoint as public
officers the Deputy State Forensic Pathologist and other officers
as may be necessary for the performance of the functions of the
Office of the State Forensic Pathologist under this Act. Publication
of licensed
forensic
service
providers
Establishment
of Office of
State
Forensic
Pathologist
Appointment
of Deputy
State
Forensic
Pathologist
and other
staff

nsed
forensic
service
providers
Establishment
of Office of
State
Forensic
Pathologist
Appointment
of Deputy
State
Forensic
Pathologist
and other
staff

44 No. 2 of 2020] National Forensic
(2) A person qualifies for appointment as a Deputy State
Forensic Pathologist if that person has —
(a) knowledge and experience in anatomical pathology or its
equivalent; and
(b) at least one year’s experience in forensic pathology, post-
anatomical pathology qualification. (3) Where the Office of the State Forensic Pathologist is vacant
or the State Forensic Pathologist is absent from duty or unable for
any other reason to perform the functions of the Office of the
State Forensic Pathologist, the Deputy State Forensic Pathologist
shall act as the State Forensic Pathologist. (4) Where both the State Forensic Pathologist and the Deputy
State Forensic Pathologist are absent from duty or unable for any
other reason to perform the functions of their office, another
forensic pathologist shall act as the State Forensic Pathologist. 26.

or unable for any
other reason to perform the functions of their office, another
forensic pathologist shall act as the State Forensic Pathologist. 26.

(1) The functions of the Office of the State Forensic
Pathologist are to—
(a) provide facilities and staff for the conduct of post-mortem
examinations in relation to deaths investigated under
the Inquests Act;
(b) maintain a list of forensic pathologists, anatomical
pathologists and medical doctors who can conduct post
mortem examinations in death investigations;
(c) supervise post-mortem examinations conducted by the
listed forensic pathologists, anatomical pathologists and
medical doctors;
(d) maintain and dispose of samples for chemical, toxicological
or genetic analysis, microbiological and histological
examination, and any other necessary investigations;
(e) identify by radiological or odontological examination or
other means, the remains of a deceased person;
(f) conduct other appropriate investigations or examinations
in relation to the cause of death of any person;
(g) properly document and record findings and results of
investigations and examinations;
(h) prepare a report of post-mortem examination findings;
(i) provide post-mortem examination reports to coroners and
the Zambia Police Service;
Cap. 36
Functions of
Office of
State
Forensic
Pathologist

ings;
(i) provide post-mortem examination reports to coroners and
the Zambia Police Service;
Cap. 36
Functions of
Office of
State
Forensic
Pathologist

National Forensic [No. 2 of 2020 45
(j)conduct training in medicolegal death investigation to
anatomical pathologists and doctors listed to conduct a
post-mortem examination;
(k) conduct research in medicolegal death investigations;
(l) promote public awareness on medicolegal death
investigation;
(m) ensure the provision of forensic pathology services to
the Zambia Police Service and other Government
agencies and private persons;
(n) ensure the provision of forensic pathology services in
mass disasters including—
(i) retrieving and reconstructing bodies and
fragmented bodies;
(ii) establishing personal identity;
(iii) conducting post-mortem examinations on some
or all existing bodies;
(iv) establishing the cause of death to assist in
reconstructing the cause of the disaster; and
(v) seeking evidence of the cause of the disaster
from autopsy examination, such as bomb or
detonator fragments that may be embedded in
the bodies; and
(o) facilitate the removal of tissue and disposal, in accordance
with the Human Tissue Act from a deceased person in
whom a coroner has jurisdiction to investigate the death.

al of tissue and disposal, in accordance
with the Human Tissue Act from a deceased person in
whom a coroner has jurisdiction to investigate the death.

(2) The Office of the State Forensic Pathologist shall, in relation
to its functions—
(a) enter into agreements for provision of services by the
Office of the State Forensic Pathologist; and
(b) determine fees payable for those services. (3) The Office of the State Forensic Pathologist shall in
exercise of the functions specified in subsection (1)—
(a) collect, use and disclose personal information and health
information; and
(b) advise a coroner and law enforcement officer on whether
a death requires further investigation. Cap. 306

l information and health
information; and
(b) advise a coroner and law enforcement officer on whether
a death requires further investigation. Cap. 306

46 No. 2 of 2020] National Forensic
(4) The Office of the State Forensic Pathologist has power
in exercise of the function specified in subsection (3) to—
(a) consult the family and other persons, including a health
service provider, to assess the family’s need for health
and support services;
(b) refer the family to health and support services; or
(c) to hold onto the body of the deceased until all the necessary
investigations are conducted. (5) The Office of the State Forensic Pathologist in relation to
a post-mortem and other examinations shall designate and supervise
listed forensic pathologists, anatomical pathologists and medical
doctors conducting a post-mortem examination. (6) The Office of the State Forensic Pathologist shall be
devolved to the provinces and progressively to the districts. PART VI
NATIONAL FORENSIC SCIENCE AND BIOMETRICS DEPARTMENT
27. There is established in the ministry responsible for home
affairs the Department of National Forensic Science and
Biometrics which is responsible for the provision of forensic science
and biometric services to a State institution. 28.

National Forensic Science and
Biometrics which is responsible for the provision of forensic science
and biometric services to a State institution. 28.

The functions of the Department are to—
(a) analyse forensic samples for a State institution;
(b) provide forensic science and biometric services to law
enforcement agencies;
(c) offer training in the collection, packaging, transportation,
preservation, and the chain of custody of forensic
evidence to law enforcement agencies, medical
personnel and any other person that collects forensic
evidence for examination;
(d) develop and validate biometric systems for forensic
investigations;
(e) manage crime scenes in collaboration with the responsible
law enforcement agency;
(f) conduct research in the field of forensic science; and
(h) promote public awareness on forensic science
investigations. Establishment
of National
Forensic
Science and
Biometrics
Department
Functions of
Department

mote public awareness on forensic science
investigations. Establishment
of National
Forensic
Science and
Biometrics
Department
Functions of
Department

National Forensic [No. 2 of 2020 47
29. (1) The Civil Service Commission shall appoint as a public
officer a State Forensic Analyst who is responsible for the
administration of the Department, subject to the general or special
directions of the Minister and Permanent Secretary that are
consistent with this Act. (2) The State Forensic Analyst is the principal Analyst of the
Department. (3) The Civil Service Commission shall appoint as public
officers the Deputy State Forensic Analyst and other officers that
may be necessary for the provision of forensic science and biometric
services to State institutions. (4) The Deputy State Forensic Analyst shall perform functions
that are delegated to the Deputy State Forensic Analyst by the
State Forensic Analyst. PART VII
GENERAL PROVISIONS
30. (1) A person aggrieved with a decision of the Authority
may appeal to the Minister within thirty days of the date of the
decision. (2) A person aggrieved with a decision of the Minister may
appeal to the High Court. 31.

the Minister within thirty days of the date of the
decision. (2) A person aggrieved with a decision of the Minister may
appeal to the High Court. 31.

(1) A person commits an offence if that person—
(a) knowingly submits a false report of an analysis of forensic
samples;
(b) wilfully gives false or misleading information under this
Act;
(c) fails to disclose or knowingly conceals from a client material
facts required for the purposes of this Act;
(d) holds out as a forensic service provider for the purposes
of this Act;
(e) engages or employs, for the purpose of providing a forensic
service, a person who is not qualified to practice forensic
science; or
(f) with intent to receive a gift or any other benefit or to
injure another person, holds or delays an action brought
before that person for the purposes of this Act. State
Forensic
Analyst,
Deputy State
Forensic
Analyst and
other officers
Appeals
Offences

ion brought
before that person for the purposes of this Act. State
Forensic
Analyst,
Deputy State
Forensic
Analyst and
other officers
Appeals
Offences

Authority
to issue
guidelines
48 No. 2 of 2020] National Forensic
(2) A person convicted of an offence under subsection (1) is
liable to a fine not exceeding nine hundred thousand penalty units
or to imprisonment for a term not exceeding nine years, or to both. (3) A person commits an offence if that person, with regard
to any bodily sample, crime scene sample or forensic information
derived therefrom—
(a) uses or allows the use of those samples or forensic
information for any purpose other than those referred
to in this Act;
(b) tampers or manipulates the process of analysis of the
samples or forensic information; or
(c) falsely claims that those samples or forensic information
derived are taken from a specific person other than the
person from whom the samples or forensic information
are obtained. (4) A person convicted of an offence under subsection (3), is
liable to a fine not exceeding one million five hundred thousand
penalty units or to imprisonment for a term not exceeding fifteen
years, or to both. 32.

ble to a fine not exceeding one million five hundred thousand
penalty units or to imprisonment for a term not exceeding fifteen
years, or to both. 32.

Where an offence is committed by a body corporate or
an unincorporate body, with the knowledge, consent or connivance
of the director, manager or shareholder of the body corporate or
unincorporate body, that director, manager or shareholder commits
an offence and is liable, on conviction, to a penalty or term of
imprisonment specified for that offence. 33. (1) The Authority may issue guidelines that the Authority
considers necessary for the better carrying out of the provisions
of this Act. (2) Despite the generality of subsection (1), the guidelines
issued under this section may provide for—
(a) the manner in which a forensic service is offered; or
(b) protocol of analysis of forensic case work. (3) The Authority shall publish the guidelines issued under this
Act in the Gazette, and the guidelines shall not take effect until
they are published. Offence by
a principal
officer or
shareholder
of body
corporate or
unincorporate
body

d the guidelines shall not take effect until
they are published. Offence by
a principal
officer or
shareholder
of body
corporate or
unincorporate
body

National Forensic [No. 2 of 2020 49
(4) The guidelines issued by the Authority under this Act shall
bind all persons regulated under this Act.
34. (1) The Minister may, in consultation with the Authority,
by statutory instrument, make regulations for the better carrying
out of the provisions of this Act.
(2) Despite the generality of subsection (1), regulations under
subsection (1) may provide for—
(a) fees or charges payable in respect of any matter arising
under, provided for or authorised by this Act;
(b) the forms and fees payable and the procedure for
applications to be made under this Act;
(c) the information and documents to be submitted in support
of an application to be made under this Act;
(d) the form of the certificate issued to a person by a
laboratory after a forensic analysis has been conducted;
(e) the manner of collecting, storing and disposing of forensic
samples;
(f) the manner of safely preserving and ensuring timely
transfer of collected samples to a forensic science
laboratory; or
(g) the manner of lodging complaints to the Authority.
Regulations

ensuring timely
transfer of collected samples to a forensic science
laboratory; or
(g) the manner of lodging complaints to the Authority.
Regulations

50 No. 2 of 2020] National Forensic
SCHEDULE
(Sections 4 (3) and 5 (4))
PART I
ADMINISTRATION OF AUTHORITY AND BOARD
1. (1) The seal of the Authority shall be a device determined
by the Authority and kept by the Executive Director. (2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Executive Director,
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 be required to
be under seal may be entered into or executed without seal on
behalf of the Authority by the Executive Director or any other
person generally or specifically authorised by the Authority in that
behalf. (4) A document purporting to be under the seal of the Authority
or issued on behalf of the Authority may be received in evidence
and be considered to be so executed or issued, as the case may
be, without further proof, unless the contrary is proved. 2. (1) Subject to this Act, the Board may regulate its own
procedure.

ssued, as the case may
be, without further proof, unless the contrary is proved. 2. (1) Subject to this Act, the Board may regulate its own
procedure.

(2) The Board shall meet for the transaction of business at
least once every three months at a place and time that the Board
may determine. (3) The Chairperson may call for a meeting of the Board on
giving notice of not less than fourteen days, and if not less than
one-third of the members so request in writing, except that if the
urgency of a particular matter does not permit the giving of the
notice, a special meeting may be called on giving a shorter notice. (4) Seven members shall constitute a quorum at a meeting of
the Board. (5) There shall preside at a meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of the Chairperson and the Vice-
Chairperson, a member that the members present may
elect for the purpose of that meeting. Seal of
Authority
Proceedings
of Board

rperson and the Vice-
Chairperson, a member that the members present may
elect for the purpose of that meeting. Seal of
Authority
Proceedings
of Board

National Forensic [No. 2 of 2020 51
(6) A decision of the Board on any question shall be by a
majority of members present and voting at the meeting and, in the
event of an equality of votes, the person presiding at the meeting
shall have, in addition to a deliberative vote, a casting vote. (7) The Board may invite any person, whose presence is in its
opinion desirable to attend and to participate in the deliberation of
the meeting of the Board, but that person shall not have a vote. (8) A member who is for any reason unable to attend a meeting
of the Board may, in writing, nominate another person from the
same institution or organisation as the member to attend the meeting
in that member’s stead and that person shall be considered to be a
member for the purpose of that meeting. (9) The validity of any proceedings, acts or decisions of the
Board shall not be affected by a vacancy in the membership of the
Board or by a defect in the appointment of a member or by reason
that a person not entitled to do so, took part in the proceedings. 3.

mbership of the
Board or by a defect in the appointment of a member or by reason
that a person not entitled to do so, took part in the proceedings. 3.

(1) The Board may, for the purpose of performing the Board’s
functions under this Act constitute a committee and delegate to the
committee functions of the Authority as the Board considers
necessary. (2) The Board may appoint, as members of a committee, persons
who are or are not members of the Board except, that at least one
member of the Board shall be a member of the committee. (3) Subject to any specific or general direction of the Board
and the other provisions of this paragraph, a committee may regulate
its own procedure at meetings. (4) A person serving as a member of a committee shall hold
office for a period that the Board may determine. 4. (1) A member shall hold office for a term of three years
and may be reappointed for a further term of three years on terms
and conditions that may be specified in the instrument of
appointment. (2) On 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. Committees
Tenure of
office for
members and
vacancy

another
member is appointed, but in no case shall any extension of the
period exceed three months. Committees
Tenure of
office for
members and
vacancy

52 No. 2 of 2020] National Forensic
(3) The office of a member becomes vacant if the member—
(a) dies;
(b) is adjudged bankrupt;
(c) is absent, without reasonable cause, from three consecutive
meetings of the board, of which the member has had
notice;
(d) resigns;
(e) is legally disqualified from performing the duties of a
member;
(f) is convicted of an offence under this Act or any written
law and has been sentenced to imprisonment for a period
exceeding six months without the option of a fine; or
(g) ceases to be an employee of the institution that nominated
that member. (4) The Minister shall, where a vacancy occurs in the
membership of the Board, before the expiry of the term of office,
appoint another person to replace the member, but that person shall
only hold office for the remainder of the former members’ term of
office. 5. An action or other proceeding shall not lie or be continued
against a member of the Board or committee of the Board, for or
in respect of an act or thing done or omitted to be done in good
faith in the exercise or performance, powers, functions or duties
conferred under this Act. 6.

t of an act or thing done or omitted to be done in good
faith in the exercise or performance, powers, functions or duties
conferred under this Act. 6.

A member or committee of the Board shall be paid
allowances that the Emoluments Commission may, on
recommendation of the Minister, determine. 7. (1) If a person is present at a meeting of the Board or a
committee of the Board at which a matter, in which that person or
that persons’ associate or relative 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 Board or the committee
otherwise directs, take part in the consideration or discussion of, or
vote on, any question relating to that matter. (2) A disclosure of interest made in accordance with this
paragraph shall be recorded in the minutes of the meeting at which
the disclosure is made. Immunity
Allowances
Disclosure of
interest

rdance with this
paragraph shall be recorded in the minutes of the meeting at which
the disclosure is made. Immunity
Allowances
Disclosure of
interest

National Forensic [No. 2 of 2020 53
8. (1) A person shall not, without the consent in writing given
by or on behalf of the Board or as otherwise permitted by any
written law, publish or disclose to an unauthorised person, otherwise
than in the course of that person’s duties, the contents of a
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 that
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 term not exceeding two years, or to
both. PART II
FINANCIAL PROVISIONS
9.

ne not exceeding two hundred thousand penalty
units or to imprisonment for a term not exceeding two years, or to
both. PART II
FINANCIAL PROVISIONS
9.

(1) The funds of the Authority consist of monies—
(a) appropriated to the Authority by Parliament for the
purpose of the Authority;
(b) paid to the Authority by way of fees, grants or donations;
or
(c) that otherwise vest in, or accrue to, the Authority. (2) TheAuthority may, subject to the approval of the Minister—
(a) accept moneys by way of grants or donations from any
source within or outside the Republic; or
(b) raise by way of loans or otherwise, monies that the
Authority, may require. (3) There shall be paid from the funds of the Authority—
(a) monies necessary for the performance of its functions
under this Act;
(b) the salaries, allowances and loans of officers and
employees of the Authority;
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
person
Funds of
Authority

nd loans of officers and
employees of the Authority;
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
person
Funds of
Authority

54 No. 2 of 2020] National Forensic
Financial
year
Accounts
and audits
Annual
reports
(c) reasonable traveling, transport and subsistence allowances
for members of the Board when engaged on the business
of the Authority, at rates as the Emoluments Commission
may determine; and
(d) any other expenses incurred by the Board in the
performance of its functions. 10. The financial year of the Authority shall be a period of
twelve months ending on 31st December in each year. 11. (1) The Authority shall cause to be kept proper books of
accounts and other records relating to its accounts. (2) The accounts of the Authority shall be audited annually by
the Auditor-General or an auditor appointed by the Auditor-General. (3) The Auditor-General’s fees shall be paid by the Authority. 12. (1) As soon as practicable, but not later than ninety days
after the end of the financial year, the Authority shall submit to the
Minister a report concerning its activities during the financial year.

ety days
after the end of the financial year, the Authority shall submit to the
Minister a report concerning its activities during the financial year.

(2) The report referred to in subparagraph (1) shall include
information on the financial affairs of the Authority and there shall
be appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income; and
(c) other information that the Minister may require. (3) The Minister shall, not later than seven days after the first
sitting of the National Assembly next after receipt of the report
referred to in subparagraph (1) lay the report before the National
Assembly.