The National Prosecution Authority (Amendment) Act, 2023

An Act to amend the National Prosecution
Authority Act, 2010. [17th August, 2023
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the National Prosecution Authority
(Amendment) Act, 2023, and shall be read as one with the National
Prosecution Authority Act, 2010, in this Act referred to as the
principal Act. 2.

ty
(Amendment) Act, 2023, and shall be read as one with the National
Prosecution Authority Act, 2010, in this Act referred to as the
principal Act. 2.

Section 2 of the principal Act is amended by the—
(a) deletion of the definition of “Secretary” and the substitution
therefor of the following:
“Secretary” means a person appointed as Secretary
under section 7; and
(b) insertion of the following new definitions in the appropriate
places in alphabetical order:
“Emoluments Commission” means the Emoluments
Commission established under the Constitution;
“Legal Aid Board” means the Legal Aid Board established
under the Legal Aid Act, 2021;
“legally disqualified” means the absence of legal capacity as
provided under section 4 of the Mental Health Act, 2019;
“superior court” has the meaning assigned to the words in
the Constitution;
“Zambia Institute of Chartered Accountants” means the
Zambia Institute of Chartered Accountants established
under the Accountants Act, 2008; and
National Prosecution Authority (Amendment) [No. 7 of 2023 123
Enactment
Short title
Act No. 34 of
2010
Amendment
of section 2
Cap. 1
Act No. 1 of
2021
Act No. 6 of
2019
Cap.1
Act No. 13 of
2008
GOVERNMENT OF ZAMBIA
ACT
No. 7 of 2023
Date of Assent: 15th August, 2023
Single copies of this Act may be obtained from the Government Printer,
P.O.

8
GOVERNMENT OF ZAMBIA
ACT
No. 7 of 2023
Date of Assent: 15th August, 2023
Single copies of this Act may be obtained from the Government Printer,
P.O.

Box 30136, 10101 Lusaka, Price K16.00 each.

Box 30136, 10101 Lusaka, Price K16.00 each.

National Prosecution Authority (Amendment)124 No. 7 of 2023]
“Zambia Institute of Human Resource Management” means
the Zambia Institute of Human Resource Management
established under the Zambia Institute of Human Resource
Management Act, 2022. 3. The principal Act is amended by the repeal of section 7 and
the substitution therefor of the following:
7. (1) There is constituted the Board of the
Authority consisting of the following part-time members
appointed by the Minister:
(a) the Chairperson;
(b) a representative of the ministry responsible for home
affairs;
(c) a representative of the Attorney-General;
(d) a representative of the Legal Aid Board;
(e) a representative of the Zambia Institute of Human
Resource Management;
(f) a representative of the Zambia Institute of Chartered
Accountants;
(g) a representative of a civil society organisation that
provides legal aid services;
(h) two persons with relevant knowledge and experience
in prosecutorial matters; and
(i) the Director of Public Prosecutions, as an ex-officio
member. (2) A person qualifies for appointment as
Chairperson if that person has held, or is qualified to hold,
the office of a judge of the superior court.

. (2) A person qualifies for appointment as
Chairperson if that person has held, or is qualified to hold,
the office of a judge of the superior court.

(3) The members under subsection (1) (b), (c), (d),
(e), (f) and (g) shall be nominated by their respective
ministries, organisations or institutions for appointment by
the Minister. (4) The members of the Board shall elect the Vice-
Chairperson from among themselves. (5) A person shall not be nominated or appointed as
a member of the Board if that person is—
(a) not a citizen of the Republic;
(b) legally disqualified from performing the functions
of a member;
(c) an undischarged bankrupt;
Repeal and
replacement
of section 7
Board of
Authority
Act No. 3 of
2022

fied from performing the functions
of a member;
(c) an undischarged bankrupt;
Repeal and
replacement
of section 7
Board of
Authority
Act No. 3 of
2022

National Prosecution Authority (Amendment) [No. 7 of 2023 125
(d) convicted of an offence under any other written
law and sentenced to imprisonment for a term
exceeding six months without the option of a fine;
or
(e) convicted of an offence involving fraud or dishonesty
under any written law. (6) The Board shall appoint a Secretary who shall
perform corporate secretarial duties for the Board
and other functions that the Board may determine,
under the direction of the Director of Public
Prosecutions. (7) The First Schedule applies to the Board. 4. The principal Act is amended by the insertion of the following
new section immediately after section 7:
7A. (1) Subject to the other provisions of this Act, the Board
shall provide policy direction to the Authority. (2) Despite the generality of subsection (1), the
functions of the Board are to—
(a) approve the policies of the Authority;
(b) approve the annual work plan, action plans and
activity reports of the Authority;
(c) approve the annual budget estimates and
financial statements of the Authority; and
(d) promote effective corporate governance of the
Authority.

y;
(c) approve the annual budget estimates and
financial statements of the Authority; and
(d) promote effective corporate governance of the
Authority.

(3) The Board shall not perform the functions of the
Director of Public Prosecutions specified in the Constitution
and in this Act. 5. The First Schedule to the principal Act is amended by the
deletion of Part I and the substitution therefor of the following:
Insertion of
section 7A
Amendment
of First
Schedule
Functions
of Board
Cap 1

by the
deletion of Part I and the substitution therefor of the following:
Insertion of
section 7A
Amendment
of First
Schedule
Functions
of Board
Cap 1

126 No. 7 of 2023]
PART I
ADMINISTRATION OF AUTHORITY
1. (1) A member shall, subject to the other provisions of this
Act, hold office for a term of three years and may be reappointed
for a further and final term of three years. (2) A member shall, on the expiration of the period for which
that member is appointed, continue to hold office until a successor
is appointed, but in no case shall the further period exceed three
months. (3) The office of a member becomes vacant if that member—
(a) dies;
(b) is adjudged bankrupt;
(c) is absent from three consecutive meetings of the Board
of which the member has had notice, without the prior
approval of the Board;
(d) resigns, on giving one month’s notice, in writing, to the
Minister;
(e) is legally disqualified from performing the functions of a
member;
(f)ceases to be a member of the ministry, institution or
organisation which nominated the member; or
(g) is convicted of an offence under any other written law
and sentenced to imprisonment for a term exceeding
six months without the option of a fine.

(g) is convicted of an offence under any other written law
and sentenced to imprisonment for a term exceeding
six months without the option of a fine.

(4) The Minister shall, where the office of a member becomes
vacant before the expiry of the term of office, appoint another
member in place of that member, but that member shall hold office
as a member only for the unexpired part of the term of the Board. 2. (1) Subject to the provisions of this Act, the Board may
regulate its own procedure. (2) The Board shall meet for the transaction of business at
least once in every three months at a place and time that the
Chairperson may determine. (3) The Chairperson shall, on giving notice of not less than seven
days, call for a meeting of the Board, or where one third or more
of the members so request, in writing, except that if the urgency of
a particular matter does not permit the giving of a notice, a special
meeting may be called on giving a shorter notice. (4) Five members shall form a quorum at a meeting of the
Board. National Prosecution Authority (Amendment)
Tenure of
office and
vacancy of
member
Proceedings
of Board

shall form a quorum at a meeting of the
Board. National Prosecution Authority (Amendment)
Tenure of
office and
vacancy of
member
Proceedings
of Board

[No. 7 of 2023 127
(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 from among themselves for the purpose of that
meeting. (6) A decision of the Board on any question shall be by a
majority of votes 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. (7) A member may, where the member is for any reason unable
to attend a meeting of the Board, nominate another person, in
writing, from the same ministry, institution or organisation to attend
a meeting of the Board in that member’s stead and that person
shall be deemed to be a member for the purpose of that meeting. (8) The Board may invite a person whose presence is, in its
opinion, desirable to attend and participate in the deliberations of
the meeting but that person shall have no vote.

person whose presence is, in its
opinion, desirable to attend and participate in the deliberations of
the meeting but that person shall have no vote.

(9) The Board shall cause to be kept minutes of the proceedings
of every meeting of the Board and any committee established by
the Board. 3. (1) The Board may, for the purpose of performing its
functions under this Act, constitute a committee and delegate any
of its functions to the committee as it 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 a committee. (3) A committee shall have the power to invite any person
whose presence is, in its opinion, desirable to attend and participate
in the deliberations of the meeting of the committee but that person
shall have no vote. (4) A member of a committee shall hold office for a period
that the Board may determine. (5) Subject to any specific or general direction of the Board, a
committee constituted under this section may regulate its own
procedure. National Prosecution Authority (Amendment)
Committees
of Board

f the Board, a
committee constituted under this section may regulate its own
procedure. National Prosecution Authority (Amendment)
Committees
of Board

128 No. 7 of 2023]
4. (1) A person who is present at a meeting of the Board or
a committee of the Board at which any matter is the subject of
consideration, and in which matter that person or that person’s
relative or associate is directly or indirectly interested in a private
capacity, shall, as soon as practicable after the commencement of
the meeting, declare the interest and shall not, unless the Board or
the committee otherwise directs, take part in any consideration or
discussion of, or vote on, any question relating to that matter. (2) A disclosure of interest made under this paragraph shall be
recorded in the minutes of the meeting at which the disclosure is
made. 5. A member of the Board or any committee of the Board
shall be paid allowances that the Emoluments Commission may,
on the recommendation of the Minister, determine. 6. An action or other proceedings shall not lie or be instituted
against a member of the Board, a member of a committee of the
Board or a member of staff of the Authority, for or, in respect of
an act or thing done or omitted to be done in good faith in the
exercise or performance of any of the powers, functions or duties
conferred under this Act.

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

National Prosecution Authority (Amendment)
Disclosure of
interest
Allowances
Immunity