The Parliamentary Service Act

THE PARLIAMENTARY SERVICE ACT, 2016
A RRANGEMENT OF SECTIONS
PART I
PRELIMINARY P ROVISIONS
Section
1. Short title and commencement
2. Interpretation
PART II
THE P ARLIAMENTARY S ERVICE
3. Seal of Parliamentary Service
4. Functions of Parliamentary Service
5. Clerk of National Assembly
6. Qualifications of Clerk
7. Appointment of officers
PART III
THE P ARLIAMENTARY S ERVICE C OMMISSION
8. Seal of Parliamentary Service Commission
9. Functions of Commission
10. Power to appoint
11. Composition of Commission
12. Proceedings of Commission
13. Committees of Commission
14. Secretary of Commission
15. Emoluments
16. Disclosure of interest
17. Prohibition of publication or disclosure of information to
unauthorised person
18. Immunity of members
19. Oath on appointment
Parliamentary Service [No. 12 of 2016 401
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10100 Lusaka. Price K2400

PART IV
F INANCIAL PROVISIONS
20 Funds of Parliamentary Service and Commission
21. Financial year
22. Accounts and audit
23. Annual report
PART V
GENERAL PROVISIONS
24. Existing staff
25. Regulations
26. Repeal of Cap. 257
402 No. 12 of 2016] Parliamentary Service

audit
23. Annual report
PART V
GENERAL PROVISIONS
24. Existing staff
25. Regulations
26. Repeal of Cap. 257
402 No. 12 of 2016] Parliamentary Service

An act to provide for the functions of the Parliamentary
Service; provide for the membership, functions,
operations and financial management of the Parliamentary
Service Commission; to provide for the transfer of staff
and continuation of their service under the Parliamentary
Service; and to provide for matters connected with, or
incidental to, the foregoing. [ 7th June, 2016
ENACTED by the Parliament of Zambia. PART I
P RELIMINARY P ROVISION
1. This Act may be cited as the Parliamentary Service Act,
2016, and shall come into operation on such date as the Minister
may, by statutory instrument, appoint. 2. In this Act, unless the context otherwise requires—
“Commission” means the Parliamentary Service Commission
established in accordance with the Constitution;
“Clerk” means the Clerk of the National Assembly appointed
in accordance with the Constitution and this Act;
“Emoluments Commission” means the Emoluments Commis-
sion established under Article 232 of the Constitution;
“Leader of Government Business” has the meaning assigned
to it in the Constitution;
“Leader of the Opposition” has the meaning assigned to it in
the Constitution;
Short title
and
commence-
ment
Enactment
Cap.

o it in the Constitution;
“Leader of the Opposition” has the meaning assigned to it in
the Constitution;
Short title
and
commence-
ment
Enactment
Cap.

1
Interpretation
Cap. 1
Cap. 1
Cap. 1
Parliamentary Service [No. 12 of 2016 403
GOVERNMENT OF ZAMBIA
ACT
No. 12 of 2016
Date of Assent: 6th June, 2016

1
Interpretation
Cap. 1
Cap. 1
Cap. 1
Parliamentary Service [No. 12 of 2016 403
GOVERNMENT OF ZAMBIA
ACT
No. 12 of 2016
Date of Assent: 6th June, 2016

“National Assembly” includes a committee, sub committee
or other group or body of members or officers of the
National Assembly appointed by or with the authority of
the National Assembly for purposes of carrying out a
function or representing the National Assembly;
“Officer” means a member of staff of the Parliamentary
Service, and includes a person acting in an office of the
Parliamentary Service;
“Parliamentary Service” means the Parliamentary Service
established under Article 217 of the Constitution;
“Secretary” means the Clerk of the National Assembly;
“Secretary to the Treasury” means the Secretary to the
Treasury appointed in accordance with Article 183 of the
Constitution;
“Speaker” means a person elected Speaker under the
Constitution; and
“Vice-Chairperson” means the person elected as Vice-
Chairperson of the Commission under section five. PART II
PARLIAMENTARY S ERVICE
3. (1) The seal of the Parliamentary Service shall be such
device as may be determined by the Clerk and shall be kept by the
Clerk. (2) The affixing of the seal shall be authenticated by the
Clerk or one other person authorised in that behalf by the Clerk.

all be kept by the
Clerk. (2) The affixing of the seal shall be authenticated by the
Clerk or one other person authorised in that behalf by the Clerk.

(3) Any 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 Parliamentary Service by the Clerk or any
other person generally or specifically authorised by the Clerk in
that behalf. (4) Any document purporting to be a document under the seal
of the Parliamentary Service or issued on behalf of the Parliamentary
Service shall be received in evidence and shall be executed or
issued, as the case may be, without any further proof, unless the
contrary is proved. Seal of
Parliamen-
tary Service
Cap. 1
Cap. 1
Cap. 1
404 No. 12 of 2016] Parliamentary Service

thout any further proof, unless the
contrary is proved. Seal of
Parliamen-
tary Service
Cap. 1
Cap. 1
Cap. 1
404 No. 12 of 2016] Parliamentary Service

4. The functions of the Parliamentary Service are to—
(a) provide support services to the National Assembly to
ensure the full and effective exercise of its powers and
functions; and
(b) provide such other services as the Clerk may specify. 5. (1) The Clerk shall be the chief executive officer of the
Parliamentary Service and secretary to the Commission. (2) The Clerk shall be responsible to the Commission for the
management of the Parliamentary Service. (3) The Commission may delegate to the Clerk such functions
as are necessary to carry out the management of the Parliamentary
Service and to direct and supervise officers and agents of the
Parliamentary Service, subject to such directions as may be given
by the Commission. (4) The Clerk may, in consultation with the Commission,
delegate the functions under this section to an officer of the
Parliamentary Service. 6.

sion. (4) The Clerk may, in consultation with the Commission,
delegate the functions under this section to an officer of the
Parliamentary Service. 6.

A person qualifies to be appointed Clerk of the National
Assembly if that person—
(a) has a minimum of ten years experience in public
administration;
(b) has a minimum of a bachelor’s degree in law obtained
from a higher education institution established, declared
or registered under a written law;
(c) is not mentally or physically incapable of performing the
duties of Clerk;
(d) is not an undischarged bankrupt, having been adjudged
or otherwise declared bankrupt under any law in force
in Zambia;
(e) has not, in the preceding five year period before the
appointment as Clerk, served a sentence for a criminal
offence exceeding a period of six months; and
(f) has not, in the preceding five year period before the
appointment as Clerk, contested an election to a political
office. 7. (1) There shall be such other officers in the department of
the Clerk as may be appointed by the Commission. (2) The Clerk and the officers and staff of the Commission
shall, on appointment, take an oath in accordance with the Official
Oaths Act. Functions of
Parliamen-
tary Service
Clerk of
National
Assembly
Qualifica-
tions of
Clerk
Appoint-
ment of
officers
Cap. 5
Parliamentary Service [No. 12 of 2016 405

arliamen-
tary Service
Clerk of
National
Assembly
Qualifica-
tions of
Clerk
Appoint-
ment of
officers
Cap. 5
Parliamentary Service [No. 12 of 2016 405

PART III
THE P ARLIAMENTARY S ERVICE C OMMISSION
8. (1) The seal of the Commission shall be such device as
may be determined by the Commission and shall be kept by the
Secretary. (2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Secretary or one
other person authorised in that behalf by the Commission. (3) Any 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 Commission by the Secretary or any other
person generally or specifically authorised by the Commission in
that behalf. (4) Any document purporting to be a document under the seal
of the Commission or issued on behalf of the Commission shall be
received in evidence and shall be executed or issued, as the case
may be, without any further proof, unless the contrary is proved. 9.

ission shall be
received in evidence and shall be executed or issued, as the case
may be, without any further proof, unless the contrary is proved. 9.

The Commission shall, in addition to the functions specified
in the Constitution—
(a provide the necessary services and facilities to ensure
efficient and effective functioning of the National As-
sembly;
(b) prepare the annual estimates of expenditure for the
Parliamentary Service and the National Assembly;
(c) determine and establish a pension scheme to which officers
of the Parliamentary Service may contribute;
(d) undertake, in cooperation with other relevant organisations,
where appropriate, programmes to promote the ideals
of parliamentary democracy;
(e) do all acts and things as may be necessary for the well
being of the officers of the Parliamentary Service; and
(g) exercise such other functions as may be provided by, or
under, this Act or any other written law. 10. The power to appoint persons to hold or to act in any
office in the Parliamentary Service, including the Office of the
Clerk, and to exercise disciplinary control over persons holding or
acting in such offices and to remove such persons from office,
shall vest in the Commission. Seal of
Parliamen-
tary Service
Commission
Cap. 1
Functions of
Commission
Power to
appoint
406 No. 12 of 2016] Parliamentary Service

n the Commission. Seal of
Parliamen-
tary Service
Commission
Cap. 1
Functions of
Commission
Power to
appoint
406 No. 12 of 2016] Parliamentary Service

11. (1) The Commission consists of the following part time
members:
(a) the Speaker, as Chairperson;
(b) the Leader of Government Business in the National
Assembly;
(c) the Minister responsible for finance;
(d) the Leader of the Opposition in the National Assembly;
and
(e) five members appointed by the Speaker as follows:
(i) three members of Parliament nominated by the
political party in Government, at least one of
whom is of the opposite gender; and
(ii) two members of Parliament of the opposite gender
nominated by the opposition political parties
holding seats in the National Assembly. (2) The members of the Commission shall elect the Vice
Chairperson from amongst themselves. (3) A member of the Commission shall, subject to the other
provisions of this Act, hold office for a term of five years. (4) Where the office of a member becomes vacant before
expiry of the term of office, the member appointed to fill the vacancy
shall hold office only for the unexpired part of the term.

ecomes vacant before
expiry of the term of office, the member appointed to fill the vacancy
shall hold office only for the unexpired part of the term.

(5) A member of the Commission shall vacate office—
(a) upon ceasing to be a Member of Parliament; or
(b) in the case of a member appointed under subsection (1)(e):
(i) on the revocation of that person’s appointment by
the Speaker for inability to discharge the
functions of a member of
theCommission,whether arising from infirmity
of body or mind, or for misbehaviour or
(ii) upon resignation, by notice in writing, to the
Speaker. 12. (1) Subject to the other provisions of this Act, the
Commission may regulate its own procedure. (2) The Commission shall meet for the transaction of its
business at least twice in each quarter of the year at such places
and times as the Chairperson may determine. (3) The Chairperson may, upon giving notice of not less than
seven days, call a meeting of the Commission and shall call a special
meeting to be held within seven days of receipt of a written request
to the Chairperson by at least three members. Composition
of
Commission
Proceedings
of Commis-
sion
Parliamentary Service [No. 12 of 2016 407

request
to the Chairperson by at least three members. Composition
of
Commission
Proceedings
of Commis-
sion
Parliamentary Service [No. 12 of 2016 407

(4) The Chairperson may, if the urgency of any particular
matter does not permit the giving of the notice required under
subsection (3), call a special meeting of the Commission on giving
shorter notice. (5) The quorum at a meeting of the Commission is five
members. (6) There shall preside at any meeting of a Commission—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
and
(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. (7) A decision of the Commission shall be made by the majority
of the members present and voting at the meeting and in the event
of an equality of votes, the Chairperson shall have a casting vote,
in addition to a deliberative vote. (8) A decision of the Commission may be made without a
meeting by circulating an agenda, the proposed decision and any
other relevant documents among the members and the members
endorsing the proposed decision, in writing, except that any member
is entitled to require that the decision be deferred until the subject
matter is considered at a meeting of the Commission.

ng, except that any member
is entitled to require that the decision be deferred until the subject
matter is considered at a meeting of the Commission.

(9) A member may dissent from a decision of a Commission
and have the member’s declaration of interest or dissent and reasons
set out in the record of the meeting at which the decision is made. (10) The Commission may invite any person whose presence
is in its opinion desirable to attend and participate in the deliberations
of a meeting of the Commission, but that person shall have no vote. (11) The validity of any proceedings, act or decision of the
Commission shall not be affected by a vacancy in the membership
of the Commission or by a defect in the appointment of any member
or by reason that a person not entitled to do so, took part in the
proceedings. (12) The Commission shall cause minutes to be kept of the
proceedings of every meeting of the Commission and a committee
established by the Commission. 408 No. 12 of 2016] Parliamentary Service

be kept of the
proceedings of every meeting of the Commission and a committee
established by the Commission. 408 No. 12 of 2016] Parliamentary Service

13. (1) The Commission may, for the purpose of performing
its functions under this Act, constitute committees and may delegate
to a committee part of its functions as the Commission considers
appropriate. (2) 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 determines. (3) A committee of the Commission may regulate its own
procedure. 14. The Clerk of the National Assembly is the Secretary to
the Commission. 15. There shall be paid to officers of the Parliamentary Service
and members of the Commission or a committee of the Commission
such emoluments as the Emoluments Commission may determine
on the recommendation of the Commission. 16.

he Commission or a committee of the Commission
such emoluments as the Emoluments Commission may determine
on the recommendation of the Commission. 16.

(1) A person who is present at a meeting of a Commission
or a committee of a Commission at which any matter is the subject
of consideration, and in which matter the person or that person’s
relative or associate 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 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 subsection (1) shall
be recorded in the minutes of the meeting at which it is made. 17. (1) A person shall not, without the consent in writing given
by, or on behalf of, the Commission, publish or disclose to an
unauthorised person, otherwise than in the course of duty of that
person, the contents of any document, communication or information
which relates to or which has come to the knowledge of that person
in the course of that person’s duty under this Act.

t, communication or information
which relates to or which has come to the knowledge of that person
in the course of that person’s duty under this Act.

(2) 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. Secretary of
Commission
Emoluments
Disclosure of
interest
Prohibition
of publica-
tion or
disclosure of
information
to
unauthorised
persons
Committees
of Commis-
sion
Parliamentary Service [No. 12 of 2016 409

Prohibition
of publica-
tion or
disclosure of
information
to
unauthorised
persons
Committees
of Commis-
sion
Parliamentary Service [No. 12 of 2016 409

(3) A person who, having any information which to the knowl-
edge of that person has been published or disclosed in contraven-
tion of subsection (1), unlawfully publishes or communicates the
information to another 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. 18. An action or other proceeding shall not lie or be instituted
against a member of the Commission or a committee of the Com-
mission, for or in respect of an act or thing done or omitted to be
done in good faith in the exercise or performance, or performance,
of any of the functions or duties conferred under this Act. 19. A member of the Commission shall, on appointment, take
an oath in accordance with the Official Oaths Act. PART IV
F INANCIAL PROVISIONS
20.

s Act. 19. A member of the Commission shall, on appointment, take
an oath in accordance with the Official Oaths Act. PART IV
F INANCIAL PROVISIONS
20.

(1) The funds of the Parliamentary Service and the
Commission consist of such monies as may—
(a) be appropriated to the Parliamentary Service and the Com-
mission by Parliament;
(b) be paid to the Parliamentary Service and the Commission
by way of grants or donations; or
(c) vest in or accrue to the Parliamentary Service and the
Commission. (2) The Parliamentary Service and the Commission may,
subject to the approval of the President—
(a) accept monies by way of grants or donations from any
source within or outside Zambia; and
(b) raise by way of loans or otherwise, such monies as it
may require for the discharge of its functions. (3) There shall be paid from the funds of the Parliamentary
Service and the Commission—
(a) the emoluments of the members and staff of the Parlia-
mentary Service and the Commission;
(b) such travelling and other allowances for the members
and the members of any committee when engaged on
the business of the Parliamentary Service and the Com-
mission, at such rates as the Emoluments Commission
may approve on the recommendation of the Commis-
sion; and
Oath on
appointment
Cap. 5
Funds of
Parliamentary
Service and
Commission
410 No.

Commission
may approve on the recommendation of the Commis-
sion; and
Oath on
appointment
Cap. 5
Funds of
Parliamentary
Service and
Commission
410 No.

12 of 2016] Parliamentary Service
Immunity of
members

12 of 2016] Parliamentary Service
Immunity of
members

(c) any other expenses incurred by the Parliamentary
Service and the Commission in the performance of its
functions under this Act. 21. The financial year of the Parliamentary Service and the
Commission shall be a period of twelve months ending on 31st
December in each year. 22. (1) The Parliamentary Service and the Commission
shall cause to be kept proper books of accounts and other records
relating to its accounts. (2) The accounts of the Parliamentary Service and the Com-
mission shall be audited annually by the Auditor-General or an au-
ditor appointed by the Auditor-General. (3) The Auditor-General’s fees shall be paid by the Commis-
sion. 23. (1) As soon as practicable, but not later than ninety days
after the end of the financial year, the Parliamentary Service and
the Commission shall submit to the President a report concerning
its activities during the financial year.

nancial year, the Parliamentary Service and
the Commission shall submit to the President a report concerning
its activities during the financial year.

(2) The report referred to in subsection (1) shall include in-
formation on the financial affairs of the Parliamentary Service and
the Commission and there shall be appended to the report—
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the President may require. (3) The Minister responsible for finance shall cause to be pre-
pared an annual statement of the income and expenditure of the
Parliamentary Service and the Commission to be laid before the
National Assembly. PART V
GENERAL P ROVISIONS
24. (1) A member of staff of the National Assembly, who
prior to the commencement of this Act was employed as a mem-
ber of staff of the National Assembly shall, upon the commence-
ment of this Act, be deemed to have been transferred to the Parlia-
mentary Service. (2) The service of the persons referred to in subparagraph (1)
shall be treated as continuous service. Annual
report
Existing staff
Parliamentary Service [No. 12 of 2016 411
Financial
year
Accounts and
audit

h (1)
shall be treated as continuous service. Annual
report
Existing staff
Parliamentary Service [No. 12 of 2016 411
Financial
year
Accounts and
audit

(3) Nothing in this Act affects the rights and liabilities of any
person employed or appointed by the Department before the
appointed date.
25. The Commission may make regulations for the better car-
rying out of the provisions of this Act.
26. The National Assembly Staff Act, 1991, is repealed.
412 No. 12 of 2016] Parliamentary Service
Regulations
Repeal of
Cap. 257
Act No. 25
of 1991