The Zambia Institute of Marketing Act, 2022

Zambia Institute of Marketing [No. 2 of 2022 19
THE ZAMBIA INSTITUTE OF MARKETING ACT, 2022
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
PART II
THE ZAMBIA INSTITUTE OF MARKETING
3. Continuation of the Zambia Institute of Marketing
4. Functions of Institute
5. Constitution of Institute
6. President and Vice-Presidents of Institute
7. Meetings of Institute
8. Council of Institute
9. Functions of Council
10. Registrar and other staff
PART III
REGISTRATION OF MARKETERS AND ISSUANCE OF PRACTISING CERTIFICATES
11. Registration of marketer
12. Prohibition of practising without registration
13. Application for registration as marketer
14. Issuance of certificate of registration
15. Disqualification from registration
16. Title for registered marketer
17. Change in details
18. Suspension and cancellation of registration
19. Re-registration
20. Prohibition of practising without valid practising certificate
21. Practising Certificate
22. Display of practising certificate

9. Re-registration
20. Prohibition of practising without valid practising certificate
21. Practising Certificate
22. Display of practising certificate

20 No. 2 of 2022] Zambia Institute of Marketing
23. Renewal of practising certificate
24. Suspension and cancellation of practising certificate
25. Surrender of cancelled certificate of registration or practising certificate
26. Prohibition of transfer of certificate of registration or practising certificate
27. Duplicate certificate of registration or practising certificate
28. Register
29. Maintenance of non-practising marketer on register
30. Publication of copies of register
31. Offences relating to registration
PART IV
ADVERTISING IN MARKETING
32. Establishment of Advertising Standards Board
33. Proceedings of Board
PART V
DISCIPLINARY MATTERS
34. Code of ethics
35. Professional misconduct
36. Initiation of disciplinary action
37. Professional Conduct Committee
38. Referring of matters to Professional Conduct Committee
39. Functions of Professional Conduct Committee
40. Proceedings of Professional Conduct Committee
41. Sanctions for marketer by Professional Conduct Committee
42. Disciplinary Committee
43. Functions of Disciplinary Committee
44. Proceedings of Disciplinary Committee
45. Powers of Disciplinary Committee
46.

42. Disciplinary Committee
43. Functions of Disciplinary Committee
44. Proceedings of Disciplinary Committee
45. Powers of Disciplinary Committee
46.

Sanctions for professional misconduct by Disciplinary Committee
47. Reports by Disciplinary Committee
48. Rules relating to disciplinary proceedings

Zambia Institute of Marketing [No. 2 of 2022 21
PART VI
INSPECTORATE
49. Inspectors
50. Power of entry, search and inspection
PART VII
GENERAL PROVISIONS
51. Branches of Institute
52. Professional fees
53. False or misleading statement
54. Appeals
55. Jurisdiction over acts committed outside Republic
56. Offences by principal officers of body corporate or unincorporate body
57. Administrative penalty
58. Guidelines
59. Regulations
60. Repeal of Act No. 14 of 2003
SCHEDULES

officers of body corporate or unincorporate body
57. Administrative penalty
58. Guidelines
59. Regulations
60. Repeal of Act No. 14 of 2003
SCHEDULES

Zambia Institute of Marketing [No. 2 of 2022 23
An Act to continue the existence of the Zambia Institute of
Marketing and redefine its powers and functions; promote
and enhance the marketing profession; provide for the
registration of marketers and regulate their practice and
professional conduct; repeal and replace the Zambia
Institute of Marketing Act, 2003; and provide for matters
connected with, or incidental to, the foregoing.
[12th April, 2022
ENACTED by the Parliament of Zambia.
PART I
PRELIMINARY PROVISION
1. This Act may be cited as the Zambia Institute of Marketing
Bill, 2022, and shall come into operation on the date appointed by
the Minister, by statutory instrument.
2. In this Act, unless the context otherwise requires—
“associate” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“Board” means the Advertising Standards Board established
under section 32;
“board member” means a person appointed as a board member
under section 32;
Enactment
Short title
and
commence-
ment
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 2 of 2022
Date of Assent: 8th April, 2022

n 32;
Enactment
Short title
and
commence-
ment
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 2 of 2022
Date of Assent: 8th April, 2022

24 No.

24 No.

2 of 2022] Zambia Institute of Marketing
“certificate of registration” means the certificate of registration
issued under section 14;
“Chairperson” means the person appointed Chairperson of the
Disciplinary Committee under section 42;
“chairperson” means the person appointed chairperson of the
Board or a Professional Conduct Committee under sections
32 and 37 respectively;
“code of ethics” means the code of professional conduct and
ethics adopted and published by the Institute for the purposes
of this Act;
“Committee” means the Marketers’ Registration Committee
established under section 11;
“Competition and Consumer Protection Commission” means the
Competition and Consumer Protection Commission
established under the Competiton and Consumer Protection
Act, 2010;
“constitution” means the constitution of the Institute adopted in
accordance with section 5;
“Council” means the Council of the Institute constituted under
section 8;
“council member” means a person elected as a council member
under section 8;
“Disciplinary Committee” means the Disciplinary Committee of
the Institute constituted under section 42;
“Fellow” means a marketer registered under the Fellow class of
membership in accordance with the constitution;
“Higher Education Authority” means the Higher Education
Authority established under the Higher Education Act, 2013;
“higher education institution” has the meaning assigned to the
words in the Higher Education Act, 2013;
“Independent Broadcasting Authority” means the Independent
Broadcasting Authority established under the Independent
Broadcasting Authority Act, 2002;
“Institute” means the Zambia Institute of Marketing established
under section 3;
“Law Association of Zambia” means the Law Association of
Zambia established under the Law Association of Zambia
Act;
Act No.

ablished
under section 3;
“Law Association of Zambia” means the Law Association of
Zambia established under the Law Association of Zambia
Act;
Act No.

24 of
2010
Act No. 4 of
2013
Act No. 17 of
2002
Cap. 31

24 of
2010
Act No. 4 of
2013
Act No. 17 of
2002
Cap. 31

Zambia Institute of Marketing [No.

Zambia Institute of Marketing [No.

2 of 2022 25
“legally disqualified” means the absence of legal capacity as
provided under section 4 of the Mental Health Act, 2019;
“legal practitioner” has the meaning assigned to the word
“practitioner” in the Legal Practitioners Act;
“marketer” means a person qualified in the theory, practice and
discipline of marketing, acquired by training, education and
practice in marketing, and includes a marketing organisation
or unit carrying out marketing;
“marketing” means a societal process by which individuals and
groups obtain what they need and want through creating,
offering, and freely exchanging products and services of
value with others and includes advertising, sales
management, personal selling, marketing communications,
public relations, publicity, sales promotions, exhibitions,
branding, packaging, merchandising, distribution,
warehousing, wholesaling, franchising, retailing, social
marketing, digital marketing, international marketing,
marketing research, marketing consultancy, business
development, customer service, customer care and service
marketing;
“marketing organisation” means a statutory corporation, a
company, a firm, a partnership or a training institution
carrying out marketing;
“member” means a person registered as a member of the
Institute in accordance with the provisions of the constitution
and “membership” shall be construed accordingly;
“practising certificate” means a practising certificate issued under
section 21 authorising a person to practice as a marketer;
“President” means the person elected as President of
the Institute under section 6;
“Professional Conduct Committee” means a Professional
Conduct Committee constituted under section 37;
“professional misconduct” means the conduct referred to under
section 35;
“register” means a register of the Institute referred to under
section 28;
“Registrar” means the person appointed Registrar under section
10;
Cap.

35;
“register” means a register of the Institute referred to under
section 28;
“Registrar” means the person appointed Registrar under section
10;
Cap.

30
Act No. 6 of
2019

30
Act No. 6 of
2019

26 No. 2 of 2022] Zambia Institute of Marketing
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“repealed Act” means the Zambia Institute of Marketing Act,
2003;
“Vice-Chairperson” means the person appointed as Vice-
Chairperson of the Disciplinary Committee under section
42;
“vice-chairperson” means the person appointed as vice-
chairperson of the Board or a Professional Conduct
Committee under sections 32 and 37, respectively;
“Vice-President” means the person elected as Vice-President
of the Institute under section 6;
“Zambia Bureau of Standards” means the Zambia Bureau of
Standards established under the Standards Act, 2017;
“Zambia Information and Communications Technology Authority”
means the Zambia Information and Communications
Technology Authority established under the Information
and Communication Technologies Act, 2009; and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011. PART II
THE ZAMBIA INSTITUTE OF MARKETING
3.

eans the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011. PART II
THE ZAMBIA INSTITUTE OF MARKETING
3.

(1) The Zambia Institute of Marketing established under
the repealed Act is continued as if established under this Act and 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 the provisions of this Act, to do all acts and things
that a body corporate may, by law, do or perform. (2) The First Schedule applies to the Institute. 4. (1) The functions of the Institute are to—
(a) advance the marketing profession and related disciplines
and promote its interests;
(b) register and regulate marketers;
(c) issue practising certificates to eligible members;
(d) register students of marketing;
Act No. 3 of
2012
Act No.14 of
2003
Act No. 4 of
2017
Act No. 15 of
2009
Act No. 13 of
2011
Continuation
of Zambia
Institute of
Marketing
Functions of
Institute

of
2012
Act No.14 of
2003
Act No. 4 of
2017
Act No. 15 of
2009
Act No. 13 of
2011
Continuation
of Zambia
Institute of
Marketing
Functions of
Institute

Zambia Institute of Marketing [No.

Zambia Institute of Marketing [No.

2 of 2022 27
(e) promote, uphold and improve the standards
of training, practice and professional
competence of persons engaged in
marketing in the Republic;
(f) conduct learning programmes accredited by
the Higher Education Authority for persons
in marketing;
(g) publish text books, journals, pamphlets,
newsletters or papers in marketing;
(h) regulate the standards of advertising in
marketing;
(i) develop, promote and enforce internationally
comparable marketing practice standards in
the Republic;
(j) provide continuous professional development
to marketers;
(k) encourage and promote research into a
matter affecting the marketing profession;
(l) promote ethical and responsible practice
among marketers in the marketing
profession and related disciplines;
(m) investigate cases of professional misconduct
under this Act;
(n) promote awareness among marketers in
matters relating to marketing education,
practice and regulation;
(o) hold meetings for the reading and discussion
of papers for professional interest and
development;
(p) make awards to authors of papers of special
merit in marketing and recognise outstanding
marketing personalities;
(q) collaborate with higher education institutions,
Government departments and other
institutions to improve the quality of the
marketing profession; and
(r) provide advisory and consultancy services
in marketing.

departments and other
institutions to improve the quality of the
marketing profession; and
(r) provide advisory and consultancy services
in marketing.

28 No. 2 of 2022] Zambia Institute of Marketing
(2) The Institute may determine —
(a) the fees payable for an inspection conducted or other
services rendered for the purposes of this Act; and
(b) what portion of any fee is payable in respect of any part
of a year and the date on which the fee or portion of the
fee is payable. 5. (1) The Institute shall, by a vote of at least two-thirds of
the members voting at a general meeting of the Institute, adopt a
constitution and may, in a like manner, amend it. (2) Subject to this Act, the constitution shall regulate the conduct
of the affairs of the Institute. (3) The constitution may provide for the—
(a) meetings of the Institute, including the delivery of notices
of the meetings, the quorum, voting, adjournments and
other matters of procedure or conduct of the meetings;
(b) election, qualifications and tenure of office of the President,
Vice-Presidents and other office bearers of the Council;
(c) composition, functions, powers and procedures of the
committees of the Institute;
(d) classes of membership and their rights, privileges and
obligations; and
(e)any other matter that the membership may determine. 6.

f the Institute;
(d) classes of membership and their rights, privileges and
obligations; and
(e)any other matter that the membership may determine. 6.

The members shall elect the President and Vice-Presidents
of the Institute in accordance with the provisions of the constitution. 7. (1) Subject to this Act, the Institute may regulate its own
procedure. (2) The meetings of the Institute shall be conducted in
accordance with the provisions of the constitution. (3) The validity of any proceedings, acts or decisions of the
Institute shall not be affected by a person’s absence from a meeting
of the Institute or by reason that a person not entitled to do so took
part in the proceedings of a meeting of the Institute. 8. (1) There is constituted the Council of the Institute which
shall be responsible for the management and control of the affairs
of the Institute. Constitution
of Institute
President
and Vice-
Presidents
of Institute
Meetings of
Institute
Council of
Institute

trol of the affairs
of the Institute. Constitution
of Institute
President
and Vice-
Presidents
of Institute
Meetings of
Institute
Council of
Institute

Zambia Institute of Marketing [No. 2 of 2022 29
(2) The Council consists of the following council members
elected in accordance with the provisions of the constitution:
(a) the President, who is a Fellow;
(b) the Vice-President responsible for policy, who is a Fellow;
(c) the Vice-President responsible for finance, who is a
Fellow;
(d) a Council Secretary;
(e) a Vice-Council Secretary;
(f) a Treasurer;
(g) a Vice-Treasurer;
(h) a Publicity Secretary;
(i) a Vice-Publicity Secretary; and
(j) the immediate past President of the Council. (3) The President and Vice-President responsible for policy
shall be the chairperson and vice-chairperson of the Council,
respectively, in accordance with the constitution.

Vice-President responsible for policy
shall be the chairperson and vice-chairperson of the Council,
respectively, in accordance with the constitution.

(4) A person shall not be elected as a council member if that
person—
(a) is found guilty of professional misconduct under this Act;
(b) is convicted of an offence under this Act or any other
writen law and sentenced to imprisonment for a term
exceeding six months without the option of a fine;
(c) is an undischarged bankrupt;
(d) is legally disqualified from performing the functions of a
council member; or
(e) is convicted of an offence involving fraud or dishonesty
under this Act or any other written law. (5) The First Schedule applies to the Council. 9. (1) The functions of the Council are to perform the
executive functions of the Institute. (2) Despite the generality of subsection (1), the functions of
the Council are to—
(a) promote an understanding of professional ethics among
the members;
(b) ensure that the rules and guidelines for professional
ethics developed by the Institute are responsive to the
expectations of the public and the institutions served by
a marketer;
Functions of
Council

nal
ethics developed by the Institute are responsive to the
expectations of the public and the institutions served by
a marketer;
Functions of
Council

30 No. 2 of 2022] Zambia Institute of Marketing
(c) refer a matter for investigation to a Professional Conduct
Committee or Disciplinary Committee in accordance
with Part V;
(d) make recommendations relating to the marketing
profession to the general meeting of the Institute;
(e) set, establish and monitor standards for persons
employed in marketing management;
(f) approve the policies, programmes and strategic plan of
the Institute;
(g) approve the annual workplan, action plans, activities and
reports of the Institute;
(h) approve the annual budget estimates and financial
statements of the Institute;
(i) monitor and evaluate the performance of the Institute
against budgets and plans; and
(j) advise the Minister on matters relating to marketing
practice. (3) The Council may, by direction in writing and on conditions
that the Council considers necessary, delegate to the Registrar any
of the Council’s functions under this Act. 10. (1) The Council shall appoint a Registrar, on the terms
and conditions that the Council may determine, who shall be—
(a) the chief executive officer of the Institute; and
(b) responsible for the day-to-day administration of the
Institute.

may determine, who shall be—
(a) the chief executive officer of the Institute; and
(b) responsible for the day-to-day administration of the
Institute.

(2) The Registrar shall be a marketer with a valid practising
certificate issued under this Act. (3) The Registrar shall attend meetings of the Council or a
committee of the Council and may address those meetings, but
shall have no vote. (4) The Council shall appoint other staff of the Institute that
the Council considers necessary for the performance of the functions
of the Institute. (5) The Council shall determine the conditions of service and
emoluments of the Registrar and other staff of the Institute. Registrar and
other staff

(5) The Council shall determine the conditions of service and
emoluments of the Registrar and other staff of the Institute. Registrar and
other staff

Zambia Institute of Marketing [No. 2 of 2022 31
PART III
REGISTRATION OF MARKETERS AND ISSUANCE OF PRACTISING
CERTIFICATES
11. (1) There is established a Marketers’ Registration
Committee of the Council which is responsible for performing the
registration functions of the Institute. (2) The membership, tenure of office, procedure of meetings
and quorum of the Committee shall be in accordance with the
constitution. (3) The Committee shall register an applicant as a marketer if
the Committee is satisfied that the applicant—
(a) has met the requirements for membership as provided
in the constitution;
(b) possesses knowledge, training and experience as may
be prescribed;
(c) holds a qualification recognised and validated by the
Zambia Qualifications Authority;
(d) passes the membership examinations of the Institute;
(e) is of good professional standing;
(f) is resident in the Republic, or has an established office
or appointment in the Republic in the marketing
profession; and
(g) meets other requirements that the Minister may, on the
recommendation of the Institute, prescribe by statutory
instrument.

rketing
profession; and
(g) meets other requirements that the Minister may, on the
recommendation of the Institute, prescribe by statutory
instrument.

(4) The Committee shall register a marketer in accordance with
the categories and classes of membership prescribed in the
constitution. 12. (1) A person shall not be employed or practice as a
marketer without registering with the Institute in accordance with
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. Registration
of marketer
Prohibition
of
practising
without
registration

alty units or to imprisonment for a term not exceeding
five years, or to both. Registration
of marketer
Prohibition
of
practising
without
registration

32 No. 2 of 2022] Zambia Institute of Marketing
13. (1) A person who intends to be employed or to practice
as a marketer in the Republic shall apply to the Institute for
registration in the prescribed manner and form on payment of a
prescribed fee. (2) The Institute may determine different fees for different
classes of marketers. (3) The Institute may, within thirty days of receipt of an
application under subsection (1), approve or reject the application. (4) The Institute shall, where it rejects an application under
subsection (3), inform the applicant and give reasons for the
decision. 14. (1) The Institute shall, where the Institute approves an
application under section 13, issue a marketer with a certificate of
registration in the prescribed form showing that marketer’s class
of membership. (2) A certificate of registration shall remain the property of
the Institute and shall have an unlimited period of validity, unless
suspended or cancelled under this Act. 15.

istration shall remain the property of
the Institute and shall have an unlimited period of validity, unless
suspended or cancelled under this Act. 15.

A person shall not qualify for registration as a marketer if
that person is—
(a) convicted of an offence involving fraud or dishonesty
under this Act or any other written law in the preceding
five years prior to the registration;
(b) convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine;
(c) legally disqualified; or
(d) an undischarged bankrupt. 16. A registered marketer shall use the title or designation as
prescribed in the constitution. 17. A marketer registered under this Act shall notify the
Registrar of any change in the particulars relating to the registration
within seven days of the change. 18. (1) Subject to this Act, the Institute may suspend or cancel
the registration of a marketer where—
(a) the Institute has reasonable grounds to believe that the
registration was obtained through fraud,
misrepresentation or concealment of a material fact;
Application
for
registration
as marketer
Issuance of
certificate of
registration
Disqualification
from
registration
Title for
registered
marketer
Change in
details
Suspension
and
cancellation
of
registration

ificate of
registration
Disqualification
from
registration
Title for
registered
marketer
Change in
details
Suspension
and
cancellation
of
registration

Zambia Institute of Marketing [No. 2 of 2022 33
(b) the marketer is found guilty of professional misconduct
under this Act or the code of ethics and the Disciplinary
Committee orders the suspension or cancellation of the
marketer’s certificate of registration;
(c) the marketer is convicted of an offence under this Act or
any other written law and sentenced to imprisonment for
a term exceeding six months without the option of a fine;
(d) the marketer is convicted of an offence involving fraud
or dishonesty under this Act or any other written law; or
(e) since the registration, circumstances have arisen
disqualifying the marketer from registration. (2) The Institute shall, before suspending or cancelling the
registration under subsection (1), give the marketer an
opportunity to be heard. (3) The Institute may, before cancelling the registration of a
marketer, suspend the marketer for a specified period on terms and
conditions that the Institute may determine.

efore cancelling the registration of a
marketer, suspend the marketer for a specified period on terms and
conditions that the Institute may determine.

(4) Where the Institute cancels the registration of a marketer
under this section, the name of the marketer shall be removed from
the register and shall not be restored except on conditions as may
be prescribed and on payment of a prescribed fee. 19. A person whose certificate of registration is cancelled or
suspended under section 18 may, subject to the terms and conditions
that the Institute may determine, apply for re-registration. 20. (1) A person shall not practice as a marketer without a
valid practising certificate issued to that person by the Institute under
this Act. (2) A person shall not offer employment to a person who does
not hold a valid practising certificate issued under this Act. (3) A person who contravenes subsection (1) or (2) 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. 21. (1) A marketer shall apply to the Institute for a practising
certificate in the prescribed manner and form on payment of a
prescribed fee. Re-
registration
Prohibition
of
practising
without
valid
practising
certificate
Practising
certificate

manner and form on payment of a
prescribed fee. Re-
registration
Prohibition
of
practising
without
valid
practising
certificate
Practising
certificate

34 No. 2 of 2022] Zambia Institute of Marketing
(2) The Institute shall, within thirty days of the receipt of an
application under subsection (1), issue the applicant with a practising
certificate in the prescribed form if the Institute is satisfied that the
applicant—
(a) is of good character and good professional standing; and
(b) meets the requirements as prescribed. (3) A practising certificate issued under this section shall contain
terms and conditions that the Institute may determine. 22. A holder of a practising certificate shall display the
practising certificate in a conspicuous place at the place of practice. 23. (1) A practising certificate shall be renewed annually in
the prescribed manner and form on payment of a prescribed fee. (2) A practising certificate that is not renewed in accordance
with subsection (1) is void. 24.

cribed manner and form on payment of a prescribed fee. (2) A practising certificate that is not renewed in accordance
with subsection (1) is void. 24.

(1) Subject to this Act, the Institute may suspend or cancel
a practising certificate if the holder—
(a) is found guilty of professional misconduct and the
Disciplinary Committee orders the suspension or
cancellation of the practising certificate;
(b) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine;
(c) is convicted of an offence involving fraud or dishonesty
under this Act or any other written law;
(d) is legally disqualified;
(e) is an undischarged bankrupt;
(f) obtained the practising certificate through fraud,
misrepresentation or concealment of a material fact; or
(g) is deregistered under this Act. (2) The Institute shall, before suspending or cancelling a
practising certificate of a marketer, give the marketer an opportunity
to be heard. (3) The Institute may, before cancelling a practising certificate
of a marketer, suspend the marketer for a specified period and on
terms and conditions that the Institute may determine. Display of
practising
certificate
Renewal of
practising
certificate
Suspension
and
cancellation
of practising
certificate

the Institute may determine. Display of
practising
certificate
Renewal of
practising
certificate
Suspension
and
cancellation
of practising
certificate

Zambia Institute of Marketing [No. 2 of 2022 35
(4) A practising certificate of the holder of the certificate of
registration is void where a certificate of registration is cancelled
under this Part. 25. A marketer whose certificate of registration or practising
certificate is cancelled shall, within seven days of being notified of
the cancellation, surrender the certificate of registration or practising
certificate to the Institute. 26. A certificate of registration or practising certificate issued
under this Act shall not be transferred to a third party. 27. (1) A marketer whose certificate of registration or
practising certificate is destroyed or lost may apply to the Registrar
for a duplicate certificate in the prescribed manner and form on
payment of a prescribed fee. (2) The Registrar may, within fourteen days of receipt of an
application under subsection (1), issue a duplicate certificate of
registration or practising certificate to the applicant. 28.

days of receipt of an
application under subsection (1), issue a duplicate certificate of
registration or practising certificate to the applicant. 28.

(1) The Institute shall keep and maintain a register of all
persons registered under this Act in which the Registrar shall enter
the details and particulars relating to—
(a) registered marketers;
(b) the holders of certificates of registration or practising
certificates and persons whose certificates of
registration or practising certificates are cancelled or
suspended;
(c) the applications rejected and the reasons for the
rejection; and
(d) any other information that the Institute may determine. (2) The register shall be kept in the custody of the Registrar
at the offices of the Institute and shall be open for inspection to
members of the public during normal office hours on payment of a
fee that the Institute may determine. Surrender of
cancelled
certificate of
registration
or practising
certificate
Prohibition
of transfer of
certificate of
registration
or practising
certificate
Duplicate
certificate of
registration
or practising
certificate
Register

hibition
of transfer of
certificate of
registration
or practising
certificate
Duplicate
certificate of
registration
or practising
certificate
Register

36 No. 2 of 2022] Zambia Institute of Marketing
(3) The Registrar shall, on an application by a person, issue to
the person a certified extract from the register or a copy of a
certificate of registration or practising certificate, on payment of a
fee as the Institute may determine. 29. The Institute may, where a holder of a practising certificate
does not intend to practice as a marketer for a specified period of
time, maintain the name of the holder of the practising certificate
on the register, in a non-practising category, for that period of time. 30. (1) The Registrar shall, on the direction of the Council,
cause copies of the register and any alterations of, or additions to,
the register to be printed and published in a manner and form that
the Council may direct. (2) Subject to this Act, a copy of the last published and printed
register is prima facie evidence in legal proceedings of what is
contained in that register and the absence of the name of a marketer
from that copy is prima facie evidence that the marketer is not
registered. 31.

s
contained in that register and the absence of the name of a marketer
from that copy is prima facie evidence that the marketer is not
registered. 31.

(1) A person shall not—
(a) make or cause to be made an unauthorised entry,
alteration or erasure in the register, a certificate of
registration or practising certificate, or on a certified
copy of the register, certificate of registration or
practising certificate;
(b) impersonate or use the title of a marketer while not
registered as a marketer under this Act;
(c) procure, or attempt to procure registration under this
Act by fraud, misrepresentation or the concealment of
a material fact; or
(d) forge a certificate of registration, practising certificate
or other document 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. Maintenance
of non-
practising
marketer on
register
Publication
of copies of
register
Offences
relating to
registration

eeding five years, or to both. Maintenance
of non-
practising
marketer on
register
Publication
of copies of
register
Offences
relating to
registration

Zambia Institute of Marketing [No. 2 of 2022 37
PART IV
ADVERTISING IN MARKETING
32. (1) There is established an Advertising Standards Board
of the Institute that shall regulate advertising standards in marketing
in the Republic. (2) The Board consists of the following part-time board
members appointed by the Council:
(a) the Vice-President responsible for policy, who is a fellow,
as chairperson;
(b) a member of the Institute, who is a Fellow;
(c) a representative of—
(i) the Competition and Consumer Protection
Commission;
(ii) the Zambia Bureau of Standards;
(iii) the Zambia Information and Communications
Technology Authority;
(iv) the Independent Broadcasting Authority;
(v) Zambia Tourism Agency;
(vi) the ministry responsible for local government
and rural development;
(vii) the ministry responsible for commerce trade and
industy;
(viii) business association;
(ix) the marketing profession; and
(x) academia; and
(d) a member of the public representing consumers. (3) The board members shall elect the vice-chairperson from
among themselves.

and
(x) academia; and
(d) a member of the public representing consumers. (3) The board members shall elect the vice-chairperson from
among themselves.

(4) A board member shall subject to the other provisions of
this Act, hold office for a term of two years and may be re-appointed
for a further and final term of two years. (5) A board member shall on the expiration of the term for
which the board member is appointed, continue to hold office until
another board member is appointed, but in no case shall the extension
of the term exceed three months. Establishment
of
Advertising
Standards
Board

il
another board member is appointed, but in no case shall the extension
of the term exceed three months. Establishment
of
Advertising
Standards
Board

38 No. 2 of 2022] Zambia Institute of Marketing
(6) The office of a board member becomes vacant if the board
member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) resigns, by notice in writing, to the Council;
(d) is legally disqualified from performing the functions of
a board member;
(e) in the case of a board member under subsection (2) (a)
and (b)—
(i) the certificate of registration or practising
certificate is cancelled under this Act; or
(ii) is found guilty of professional misconduct;
(f) in the case of a board member under subsection (2) (c)
and (d), ceases to be a representative of the organisation
or sector from which the board member was appointed;
(g) is absent from three consecutive meetings of the Board
of which the board member had notice without the prior
approval of the Board; or
(h) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine. (7) The Registrar shall be the Secretary to the Board. 33. (1) Subject to the other provisions of this Act, the Board
may regulate its own procedure.

(7) The Registrar shall be the Secretary to the Board. 33. (1) Subject to the other provisions of this Act, the Board
may regulate its own procedure.

(2) The Board shall meet to adjudicate on a complaint at least
fourteen days after receipt of a complaint. (3) Five board members shall form a quorum at a meeting of
the Board. (4) 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 both the chairperson and the vice-
chairperson, another board member that the board
members present shall elect for the purpose of that
meeting. Proceedings
of Board

erson and the vice-
chairperson, another board member that the board
members present shall elect for the purpose of that
meeting. Proceedings
of Board

Zambia Institute of Marketing [No. 2 of 2022 39
(5) Where a board member is unable to attend a meeting of
the Board, that board member shall not nominate another person
to attend in that board member’s stead. (6) A decision of the Board on a question shall be by a majority
of the board 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) The Board may invite a person whose presence is in the
Board’s opinion desirable to attend and participate in the
deliberations of a meeting, but that person shall have no vote. (8) 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 any defect in the appointment of a board member or
by reason that a person not entitled to do so, took part in the
proceedings. (9) The Board shall cause minutes to be kept of the proceedings
of every meeting of the Board. PART V
DISCIPLINARY MATTERS
34. The Council shall adopt and publish a code of ethics for
marketers which shall bind marketers regulated under this Act. 35.

V
DISCIPLINARY MATTERS
34. The Council shall adopt and publish a code of ethics for
marketers which shall bind marketers regulated under this Act. 35.

A marketer commits professional misconduct if the
marketer—
(a) contravenes a provision of this Act;
(b) allows a person, other than a registered marketer in
that marketer’s company or institution to practice in
the name of the marketer;
(c) unlawfully discloses or uses to the marketer’s advantage
any information acquired in the practice of the marketer;
(d) engages in conduct that is dishonest, fraudulent or
deceitful;
(e) permits the marketer’s name or the name of the
marketer’s firm to be used in connection with technical
specifications or financial calculations contingent on
future transactions in the manner which may lead
people to infer that the marketer vouches for the
accuracy of the information;
Code of
ethics
Professional
misconduct

ons in the manner which may lead
people to infer that the marketer vouches for the
accuracy of the information;
Code of
ethics
Professional
misconduct

40 No. 2 of 2022] Zambia Institute of Marketing
(f) charges for professional work, fees which are higher
than those approved by the Council;
(g) in a report in which the marketer’s client has an interest,
fails to disclose or knowingly conceals from the client
misstatements or facts known to the marketer and the
disclosure of which is necessary in order that the report
does not mislead, or give an opinion in a professional
capacity without obtaining sufficient information on the
subject; or
(h) breaches the code of ethics or encourages another
marketer to breach or disregard the code of ethics. 36. (1) A person may lodge a complaint with the Institute
against a marketer where that person alleges that the marketer
has contravened the code of ethics or any provision of this Act. (2) The Institute may initiate disciplinary action under this
section where the Institute has reasonable grounds to believe that
a marketer has contravened the code of ethics or any provision of
this Act. (3) A complaint or allegation shall be made to the Registrar in
the prescribed manner and form. 37.

d the code of ethics or any provision of
this Act. (3) A complaint or allegation shall be made to the Registrar in
the prescribed manner and form. 37.

(1) The Council shall constitute an ad hoc Professional
Conduct Committee for each province, and progressively each
district consisting of not more than five part-time members who
are registered as marketers. (2) The members shall elect the chairperson and vice-
chairperson from among themselves. (3) A person shall not be appointed as a member of a
Professional Conduct Committee if that person—
(a) is found guilty of professional misconduct under this Act;
(b) is an undischarged bankrupt;
(c) is legally disqualified from performing the functions of a
member;
(d) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine. Initiation of
disciplinary
action
Professional
Conduct
Committee

ntenced to imprisonment for a term
exceeding six months without the option of a fine. Initiation of
disciplinary
action
Professional
Conduct
Committee

Zambia Institute of Marketing [No. 2 of 2022 41
(4) A member of a Professional Conduct Committee shall hold
office for a term of two years and may be appointed for a further
and final term of two years. (5) A member shall, on expiration of the term for which the
member is appointed, continue to hold office until another member
is appointed, but in no case shall an extension of the period exceed
three months. (6) The office of a member becomes vacant if the member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) is absent from three consecutive meetings of the
Professional Conduct Committee of which the member
has notice, without the prior approval of the Professional
Conduct Committee;
(d) resigns, by notice in writing, to the Council;
(e) is legally disqualified from performing the functions of a
member;
(f) is found guilty of professional misconduct;
(g) is deregistered under this Act; or
(h) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine.

cted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine.

(7) The Council shall, where there is a vacancy in the
membership of the Professional Conduct Committee before the
expiry of the term of office, appoint another person to replace the
member who vacates office, but that person shall only hold office
for the remainder of the term. 38. Except as otherwise expressly stated, before a matter is
referred to the Disciplinary Committee, the Institute shall, in the
prescribed manner, refer that matter for investigation by a
Professional Conduct Committee. 39. (1) A Professional Conduct Committee shall investigate
a matter referred to it by the Institute. Referring of
matters to
Professional
Conduct
Committee
Functions of
Professional
Conduct
Committee

vestigate
a matter referred to it by the Institute. Referring of
matters to
Professional
Conduct
Committee
Functions of
Professional
Conduct
Committee

42 No. 2 of 2022] Zambia Institute of Marketing
(2) Where a case has been referred to a Professional Conduct
Committee, that Professional Conduct Committee shall consider
the case and subject to the provisions of this section, determine
either—
(a) that no inquiry shall be held in the case by the Disciplinary
Committee; or
(b) that the matter in question shall, in whole or in part, be
referred to the Disciplinary Committee for inquiry. (3) Where a Professional Conduct Committee determines that
no inquiry shall be held in a case by the Disciplinary Committee,
the Registrar shall inform the complainant, if any, and the marketer
of the decision of the Professional Conduct Committee on terms as
the Professional Conduct Committee may direct. (4) A Professional Conduct Committee shall, if it considers it
just, cause further investigations to be done, or obtain advise or
assistance from any person that the Professional Conduct
Committee considers necessary.

, cause further investigations to be done, or obtain advise or
assistance from any person that the Professional Conduct
Committee considers necessary.

(5) Where a Professional Conduct Committee determines that
further investigations are necessary, or where at the time when a
Professional Conduct Committee is considering the case no
explanation is furnished by the marketer against whom a complaint
has been lodged, the Professional Conduct Committee may make
a provisional determination that the matter, in whole or in part, be
referred to the Disciplinary Committee. (6) Where a Professional Conduct Committee makes a
provisional determination in accordance with subsection (5) and
further investigations are concluded or an explanation is
subsequently furnished by the marketer, the chairperson may, in
consultation with the members of the Professional Conduct
Committee and on the opinion of the majority of the members of
the Professional Conduct Committee, direct that—
(a) an inquiry shall not be held in the case by the Disciplinary
Committee; or
(b) the matter be referred to the Disciplinary Committee
for inquiry.

—
(a) an inquiry shall not be held in the case by the Disciplinary
Committee; or
(b) the matter be referred to the Disciplinary Committee
for inquiry.

Zambia Institute of Marketing [No. 2 of 2022 43
(7) Where a direction is given in accordance with subsection
(6)(a), the Registrar shall inform the complainant, if any, and the
marketer of the decision of the Professional Conduct Committee
on terms that the Professional Conduct Committee may direct. 40. (1) Subject to this Act, a Professional Conduct
Committee may regulate its own procedure. (2) Three members of a Professional Conduct Committee shall
form a quorum at a meeting or sitting of a Professional Conduct
Committee. (3) The chairperson, or in the absence of the chairperson, the
vice-chairperson, shall preside at a meeting or sitting of a
Professional Conduct Committee. (4) A question at a sitting or meeting of a Professional Conduct
Committee shall be decided by a majority of the members present
at a sitting or meeting, and in the event of an equality of votes, the
person presiding at the sitting or meeting shall have a casting vote
in addition to that person’s deliberative vote. (5) A party to a hearing of a Professional Conduct Committee
may appear in person or be represented by a legal practitioner or, if
the party so elects, by any other person.

ng of a Professional Conduct Committee
may appear in person or be represented by a legal practitioner or, if
the party so elects, by any other person.

(6) A person who is present at a meeting or sitting of a
Professional Conduct Committee, at which a 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 is practicable after the commencement
of the meeting, disclose that interest and shall not, unless the
Professional Conduct Committee otherwise directs, take part in a
consideration or discussion of, or vote on, a question relating to that
matter. (7) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made. (8) A Professional Conduct Committee shall cause to be kept
a record of its proceedings. Proceedings
of
Professional
Conduct
Committee

ich it is made. (8) A Professional Conduct Committee shall cause to be kept
a record of its proceedings. Proceedings
of
Professional
Conduct
Committee

44 No. 2 of 2022] Zambia Institute of Marketing
41. A Professional Conduct Committee may, where a
Professional Conduct Committee determines that no inquiry shall
be held in the case by the Disciplinary Committee but finds a
marketer guilty of professional misconduct, impose any of the
following sanctions:
(a) counseling, mentorship or censure of the marketer;
(b) cautioning the marketer;
(c) that the marketer pays an administrative penalty not
exceeding fifty thousand penalty units to the Institute;
(d) that the marketer pays to the Institute or any other party
to the hearing any costs of, or incidental to, the
proceedings;
(e) retraining or rehabilitation of the marketer; or
(f) suspension of the marketer. 42. (1) There shall be a Disciplinary Committee of the
Institute elected at the Annual General Meeting of the Institute
which consists of the following part-time members:
(a) the Chairperson, who is a Fellow;
(b) the Vice-Chairperson, who is a member;
(c) four registered members; and
(d) a legal practitioner nominated by the Law Association
of Zambia.

llow;
(b) the Vice-Chairperson, who is a member;
(c) four registered members; and
(d) a legal practitioner nominated by the Law Association
of Zambia.

(2) A person shall not be appointed as a member of the
Disciplinary Committee if that person—
(a) is found guilty of professional misconduct under this Act;
(b) is an undischarged bankrupt;
(c) is legally disqualified from performing the functions of a
member;
(d) in the case of a member under subsection (1)(a), (b)
and (c), has not been on the register of marketers for at
least ten years preceding the appointment; or
(e) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a period
exceeding six months without the option of a fine. Sanctions
for marketer
by
Professional
Conduct
Committee
Disciplinary
Committee

onment for a period
exceeding six months without the option of a fine. Sanctions
for marketer
by
Professional
Conduct
Committee
Disciplinary
Committee

Zambia Institute of Marketing [No. 2 of 2022 45
(4) A member of the Disciplinary Committee shall hold office
for a term of two years and may be re-elected or re-nominated for
a further and final term of two years. (5) A member shall, on expiration of the term for which the
member is appointed continue to hold office until another member
is appointed but in no case shall an extension of the period exceed
three months. (6) The office of a member becomes vacant if the member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) is absent from three consecutive meetings of the
Disciplinary Committee of which the member has notice,
without the prior approval of the Disciplinary Committee;
(d) resigns by notice, in writing, to the Council;
(e) is legally disqualified from performing the duties of a
member of the Disciplinary Committee;
(f) is found guilty of professional misconduct;
(g) is de-registered under this Act or any other written law;
or
(h) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine.

cted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine.

(7) The Council shall, where there is a vacancy in the
membership of the Disciplinary Committee before the expiry of the
term of office, appoint another person to replace the member who
vacates office but that person shall only hold office for the remainder
of the term. (8) The Registrar shall be the Secretary to the Disciplinary
Committee but shall not vote on any matter before the Disciplinary
Committee. 43. (1) The functions of the Disciplinary Committee are to
hear and determine—
(a) any complaint referred to the Disciplinary Committee
by a Professional Conduct Committee against a member;
(b) a disciplinary action initiated against a member under
section 36 (2); or
Functions
of
Disciplinary
Committee

Conduct Committee against a member;
(b) a disciplinary action initiated against a member under
section 36 (2); or
Functions
of
Disciplinary
Committee

46 No. 2 of 2022] Zambia Institute of Marketing
(c) a complaint or allegation against the Marketers’
Registration Committee. (2) The Disciplinary Committee may publicise as the
Disciplinary Committee considers appropriate, the facts relating to
a marketer who is found guilty of, and punished for, professional
misconduct. 44. (1) Subject to the other provisions of this Act, the
Disciplinary Committee may regulate its own procedure. (2) Five members of the Disciplinary Committee shall form a
quorum at a meeting or sitting of the Disciplinary Committee. (3) The Chairperson, or in the absence of the Chairperson,
the Vice-Chairperson shall preside at a meeting or sitting of the
Disciplinary Committee. (4) A question at a meeting or sitting of the Disciplinary
Committee shall be decided by a majority of the members present
at the meeting or sitting of the Disciplinary Committee and in the
event of an equality of votes, the person presiding at the meeting
or sitting shall have a casting vote in addition to that person’s
deliberative vote. (5) The proceedings of the Disciplinary Committee shall be in
camera.

itting shall have a casting vote in addition to that person’s
deliberative vote. (5) The proceedings of the Disciplinary Committee shall be in
camera.

(6) A party to a hearing of the Disciplinary Committee may
appear in person or be represented by a legal practitioner or, if the
party so elects, by any other person. (7) A decision of the Disciplinary Committee shall be in the
form of a reasoned judgment and a copy of the judgment shall be
supplied to each party to the proceedings and to every person
affected by the decision. (8) A person who is present at a meeting or sitting of the
Disciplinary Committee, at which a 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 is practicable after the commencement
of the meeting or sitting, disclose that interest and shall not, unless
the Disciplinary Committee otherwise directs, take part in any
consideration or discussion of, or vote on, a question relating to
that matter. Proceedings
of
Disciplinary
Committee

erwise directs, take part in any
consideration or discussion of, or vote on, a question relating to
that matter. Proceedings
of
Disciplinary
Committee

Zambia Institute of Marketing [No. 2 of 2022 47
(9) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting or sitting at which it is made. (10) The Disciplinary Committee shall cause to be kept a record
of its proceedings. 45. (1) The Disciplinary Committee may, for the purposes
of a hearing, hear and receive evidence and may—
(a) under the hand of the Chairperson or the Registrar,
summon witnesses and require the production of a book,
record, document, electronic record or anything required
for the purposes of the proceeding; and
(b) through the Chairperson or Vice-Chairperson, administer
an oath to a witness.

record or anything required
for the purposes of the proceeding; and
(b) through the Chairperson or Vice-Chairperson, administer
an oath to a witness.

(2) A person summoned to attend before the Disciplinary
Committee shall not—
(a) refuse or fail to attend at the time and place specified in
the summons or, having attended, leave without the
permission of the Disciplinary Committee;
(b) having attended, refuse to be sworn or to affirm;
(c) refuse, without lawful excuse, to answer fully and
satisfactorily to the best of that person’s knowledge and
belief, a question lawfully put to that person; or
(d) refuse to produce a book, record, document or thing
which that person has been required by summons to
produce. (3) A person who contravenes subsection (2) commits an
offence and is liable, on conviction, for thatrefusal or failure, to a
fine not exceeding two hundred thousand penalty units. (4) Despite subsection (2), a person shall not be compelled to
answer any question or produce any book, record or document
which that person would not be compelled to answer or produce on
the trial of an actionin the High Court. (5) A hearing before the Disciplinary Committee shall, for the
purposes of Chapter XI of the Penal Code, be deemed to be a
judicial proceeding.

Court. (5) A hearing before the Disciplinary Committee shall, for the
purposes of Chapter XI of the Penal Code, be deemed to be a
judicial proceeding.

(6) A finding of fact which is shown to have been made by a
court in the Republic shall, in any hearing before the Disciplinary
Committee, be conclusive evidence of the fact so found. Powers of
Disciplinary
Committee
Cap.87

Republic shall, in any hearing before the Disciplinary
Committee, be conclusive evidence of the fact so found. Powers of
Disciplinary
Committee
Cap.87

48 No. 2 of 2022] Zambia Institute of Marketing
Act No. 6 of
2019
Act No. 6 of
2019
(7) The Disciplinary Committee shall, where the Disciplinary
Committee has reasonable cause to believe that a marketer is legally
disqualified, refer the matter for determination in accordance with
the Mental Health Act, 2019. (8) The Disciplinary Committee shall, where a determination
is made in accordance with the Mental Health Act, 2019, that a
marketer is legally disqualified, suspend the practising certificate
of the marketer. (9) The Disciplinary Committee shall, where the Disciplinary
Committee finds, after due inquiry, that a marketer is not guilty of
professional misconduct, record a finding that the marketer is not
guilty of the conduct to which the charge relates and dismiss the
charge. (10) The Disciplinary Committee may, for the purpose of any
proceedings, use assessors or experts as the Disciplinary
Committee considers necessary. 46.

0) The Disciplinary Committee may, for the purpose of any
proceedings, use assessors or experts as the Disciplinary
Committee considers necessary. 46.

The Disciplinary Committee shall, where the Disciplinary
Committee finds a marketer guilty of professional misconduct, after
due inquiry, impose one or more of the following penalties:
(a) order the cancellation of the marketer’s practising
certificate or certificate of registration;
(b) order the suspension of the certificate of registration or
practitising certificate for a specified period and on
conditions as determined by the Disciplinary Committee;
(c) censure the marketer;
(d) caution the marketer;
(e) impose an administrative penalty, not exceeding one
hundred thousand penalty units, to be paid to the
Institute;
(f) order that the marketer be re-trained or rehabilitated;
(g) order the marketer to pay to the Institute or a party to
the hearing the costs of, or incidental to, the proceedings;
or
(h) order the marketer to pay any party to the hearing or
any other person, as restitution, the amount of loss
caused by that person’s negligence. Sanctions
for
professional
misconduct
by
Disciplinary
Committee

y other person, as restitution, the amount of loss
caused by that person’s negligence. Sanctions
for
professional
misconduct
by
Disciplinary
Committee

Zambia Institute of Marketing [No. 2 of 2022 49
47. The Disciplinary Committee shall, within seven days from
the completion of a hearing, submit to the Council a report of the
proceedings together with a copy of the record. 48. (1) The Chief Justice may, by statutory instrument make
Rules relating to the —
(a) manner and form for lodging of complaints under this
Part;
(b) mode of summoning persons before the Disciplinary
Committee;
(c) manner and form of service of a summons requiring the
attendance of a witness before the Disciplinary
Committee and the production of a book, record,
document or thing;
(d) procedure to be followed and rules of evidence to be
observed in proceedings before the Disciplinary
committee; and
(e) functions of assessors and experts to the Disciplinary
Committee.

of evidence to be
observed in proceedings before the Disciplinary
committee; and
(e) functions of assessors and experts to the Disciplinary
Committee.

(2) Rules made under subsection (1) may provide—
(a) that before a matter is referred to the Disciplinary
Committee the matter shall, in a manner that may be
provided by the Rules, have been brought before a
Professional Conduct Committee, and investigated by
the Institute;
(b) for securing notices for the proceedings and specifying
the time and manner of the proceedings; and
(c) for securing that a party to the proceedings shall, if that
person requires, be entitled to be heard by the Disciplinary
Committee. PART VI
INSPECTORATE
49. (1) The Council shall appoint suitably qualified persons
as inspectors to ensure compliance with this Act. (2) The Council shall provide an inspector with an identification
card which shall be prima facie evidence of the inspector’s
appointment as inspector. Reports by
Disciplinary
Committee
Rules
relating to
disciplinary
proceedings
Inspectors

ma facie evidence of the inspector’s
appointment as inspector. Reports by
Disciplinary
Committee
Rules
relating to
disciplinary
proceedings
Inspectors

50 No. 2 of 2022] Zambia Institute of Marketing
(3) An inspector shall, in performing a function under this Act—
(a) be in possession of the identification card referred to in
subsection (2); and
(b) show the identification card to a person who requests
to see the identification card, or is the subject of an
investigation under this Act. 50.

nd
(b) show the identification card to a person who requests
to see the identification card, or is the subject of an
investigation under this Act. 50.

(1) An inspector may, for the purpose of enforcing the
provisions of this Act, at any reasonable time, without prior notice,
and on the authority of a warrant, enter any premises that the
inspector has reasonable grounds to believe is used for the
commission of an offence or contrary to the provisions of this Act,
and—
(a) search the premises;
(b) search any person on the premises if the inspector has
reasonable grounds to believe that the person has
possession of an article, document or record that has a
bearing on an inspection or investigation, except that a
person shall only be searched by a person of the same
sex;
(c) take extracts from, or make copies of, any book,
document or record that is on the premises and that has
a bearing on an inspection or investigation;
(d) demand the production of, and inspect, relevant
certificates; and
(e) make such inquiries that may be necessary to ascertain
whether the provisions of this Act or any other law on
which an inspection or investigation is based, have been
complied with.

necessary to ascertain
whether the provisions of this Act or any other law on
which an inspection or investigation is based, have been
complied with.

(2) A court may issue a warrant on application by an inspector
if it appears from written information given by that inspector, on
oath or affirmation, that there are reasonable grounds to believe
that this Act has been or is likely to be contravened. (3) An inspector who removes anything from any premises
shall—
(a) issue a receipt for anything removed to the owner or
the person in control of the premises; and
(b) return anything removed as soon as practicable after
the thing removed has served the purpose for which it
was removed. Power of
entry, search
and
inspection

anything removed as soon as practicable after
the thing removed has served the purpose for which it
was removed. Power of
entry, search
and
inspection

Zambia Institute of Marketing [No. 2 of 2022 51
(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;
(b) refuses to give an inspector reasonable assistance as
the inspector may require for the purpose of performing
the inspector’s functions;
(c) impersonates an inspector or presents oneself to be an
inspector; or
(d) wilfully gives an inspector false or misleading information
in answer to an inquiry made by the inspector. (5) A person convicted of an offence under subsection (4) is
liable to a fine not exceeding three hundred thousand penalty units
or to imprisonment for a term not exceeding three years, or to both. (6) An inspector shall furnish the Council with a written report
and any other information relating to an inspection. PART VII
GENERAL PROVISIONS
51. (1) There shall be branches of the Institute that the Council
may approve according to the number of members in a particular
geographical area. (2) Subject to the general directions of the Council, a branch
may regulate its own procedure.

he number of members in a particular
geographical area. (2) Subject to the general directions of the Council, a branch
may regulate its own procedure.

(3) The management and control of each branch shall be vested
in an executive committee, consisting of marketers, that are elected
annually by that branch. (4) The executive committee of the branch shall be responsible
for all matters affecting the branch including the receipt and
expenditure of moneys relating to its activities other than membership
subscriptions. (5) A branch may be dissolved with the prior approval of the
Council. 52. A practising marketer shall, for professional services
rendered, charge fees that the Council may, with the approval of
the Minister, by statutory instrument, prescribe. Branches of
Institute
Professional
fees

ered, charge fees that the Council may, with the approval of
the Minister, by statutory instrument, prescribe. Branches of
Institute
Professional
fees

52 No. 2 of 2022] Zambia Institute of Marketing
53. (1) A person shall not knowingly or recklessly make a
false or misleading statement, orally or in writing, to the Institute,
Professional Conduct Committee or Disciplinary Committee with
the intention that it be acted on by the Institute, Professional Conduct
Committee or Disciplinary Committee. (2) A person who contravenes subsection (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. 54. (1) A person aggrieved with a decision of the Institute
may, within thirty days of receipt of the decision, appeal to the
Minister. (2) A person aggrieved with a decision of the Minister may
appeal to the High Court. (3) A person aggrieved with a decision of the Disciplinary
Committee may appeal to the High Court. (4) A decision of the Disciplinary Committee shall not take
effect until the expiration of the time for lodging an appeal against
the decision or, if an appeal is lodged, until the time the appeal is
disposed of, withdrawn or struck out for want of prosecution.

an appeal against
the decision or, if an appeal is lodged, until the time the appeal is
disposed of, withdrawn or struck out for want of prosecution.

(5) The proceedings of the Disciplinary Committee shall not
be set aside by reason only of some irregularity in those proceedings
if that irregularity did not occasion a substantial miscarriage of
justice. 55. (1) A court shall have jurisdiction over a marketer for
an act committed outside the Republic which, if it had been
committed in the Republic, would have been an offence of
professional misconduct under this Act. (2) Any proceedings against a marketer under this section
which would be a bar to subsequent proceedings against that
marketer, for the same offence, if the offence had been committed
in the Republic, shall be a bar to further proceedings against the
marketer under any written law relating to the extradition of persons,
in respect of the same offence outside the Republic. (3) The Mutual Legal Assistance in Criminal Matters Act
applies to proceedings under this Act. False or
misleading
statement
Appeals
Jurisdiction
over acts
committed
outside
Republic
Cap. 98

nal Matters Act
applies to proceedings under this Act. False or
misleading
statement
Appeals
Jurisdiction
over acts
committed
outside
Republic
Cap. 98

Zambia Institute of Marketing [No. 2 of 2022 53
56. Where an offence under this Act is committed by a body
corporate or an unincorporate body, with the knowledge, consent
or connivance of the director, manager, shareholder or partner of
the body corporate or an unincorporate body, that director, manager,
shareholder or partner commits an offence and is liable, on
conviction, to the penalty specified for that offence under this Act. 57. (1) The Institute may impose an administrative penalty
on a person for a failure to comply with a provision of this Act
which is not an offence. (2) An administrative penalty shall not exceed the amount
prescribed by the Minister by statutory instrument for each day
during which the failure continues. (3) An administrative penalty shall be paid to the Institute within
the period prescribed by the Minister. (4) If a person fails to pay an administrative penalty within the
stipulated time under subsection (3), the Institute may, by way of
civil action in a competent court, recover the amount of the
administrative penalty from that person as an amount due and owing
to the Institute. 58.

civil action in a competent court, recover the amount of the
administrative penalty from that person as an amount due and owing
to the Institute. 58.

(1) The Institute may, in the exercise of its functions under
this Act, issue guidelines as are necessary for the better carrying
out of the provisions of this Act. (2) The Institute shall publish the guidelines issued under this
Act in a daily newspaper of general circulation in the Republic and
in the Gazette, and the guidelines shall take effect on the date of
publication. (3) The guidelines issued by the Institute under this Act shall
bind the persons regulated under this Act. 59. (1) The Minister may, on the recommendation of the
Institute, 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 make provision for the—
(a) manner and form of applications under this Act and the
fees payable;
Offences by
principal
officers of
body
corporate or
unincorporate
body
Administrative
penalty
Guidelines
Regulations

er this Act and the
fees payable;
Offences by
principal
officers of
body
corporate or
unincorporate
body
Administrative
penalty
Guidelines
Regulations

54 No. 2 of 2022] Zambia Institute of Marketing
(b) the form of the certificate of registration and the
conditions under which the certificate of registration is
issued;
(c) the qualifications for registration of a marketer;
(d) the form of the practising certificate and the requirements
a marketer should meet for the issuance of a practising
certificate;
(e) the standards of advertising in marketing;
(f) the code of ethics to which marketers shall subscribe;
(g) the continuous professional development for marketers;
and
(h) the fees payable for professional services and any other
fees which are required to be prescribed.
60. (1) The Zambia Institute of Marketing Act, 2003, is
repealed.
(2) Despite subsection (1), the provisions of the Second
Schedule apply in respect of the matters specified in the Second
Schedule.
Repeal of
Act No. 14
of 2003

e subsection (1), the provisions of the Second
Schedule apply in respect of the matters specified in the Second
Schedule.
Repeal of
Act No. 14
of 2003

Zambia Institute of Marketing [No. 2 of 2022 55
FIRST SCHEDULE
(Sections 3(2) and 8 (5))
THE ZAMBIA INSTITUTE OF MARKETING
PART I
ADMINISTRATION OF THE INSTITUTE
1. (1) The seal of the Institute shall be a device that may be
determined by the Council and shall be kept by the Registrar. (2) The affixing of the seal shall be authenticated by the
President or the Vice-President and the Registrar or any other
person authorised in that behalf by a resolution of the Council. (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 Institute by the Registrar or any other person generally or
specifically authorised by the Council in that behalf. (4) A document purporting to be a document under the seal of
the Institute or issued on behalf of the Institute shall be received in
evidence and shall be deemed to be so executed or issued, without
further proof, unless the contrary is proved. 2.

the Institute shall be received in
evidence and shall be deemed to be so executed or issued, without
further proof, unless the contrary is proved. 2.

(1) A council member shall, subject to the provisions of
this Act, hold office for a term of two years and may be re-elected
for a further and final term of two years. (2) A council member shall, on the expiration of the term for
which the member is elected, continue to hold office until another
member is elected, but in no case shall an extension of the period
exceed three months. (3) The office of a council member becomes vacant if the
member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) is absent from three consecutive meetings of the Council
of which the council member had notice, without the
prior approval of the Council;
(d) resigns, by notice in writing, to the Council;
Seal of
Institute
Tenure of
office and
vacancy

d notice, without the
prior approval of the Council;
(d) resigns, by notice in writing, to the Council;
Seal of
Institute
Tenure of
office and
vacancy

56 No. 2 of 2022] Zambia Institute of Marketing
(e) is legally disqualified from performing the functions of
a council member;
(f) is found guilty of professional misconduct;
(g) is deregistered under this Act; or
(h) is convicted of an offence under this Act or any other
written law and sentenced to a term of imprisonment
exceeding six months without the option of a fine. (4) The Council shall, where there is a vacancy in the
membership of the Council before the expiry of the term of office,
cause the election of another person to take place to replace the
member who vacates office in accordance with the constitution. 3. (1) Subject to the other provision of this Act, the Council
may regulate its own procedure. (2) The Council shall meet at least once in every three months
for the transaction of business at a place and time that the President
may determine. (3) The President may call a meeting of the Council on giving
notice of not less than fourteen days, or where one third of the
council members so request, in writing, except that if the urgency
of a particular matter does not permit the giving of notice, a special
meeting may be called on giving a shorter notice.

g, except that if the urgency
of a particular matter does not permit the giving of notice, a special
meeting may be called on giving a shorter notice.

(4) Five council members shall form a quorum a meeting of
the Council. (5) There shall preside at a meeting of the Council—
(a) the President;
(b) in the absence of the President, the Vice-President in
accordance with the constitution; or
(c) in the absence of both the President and Vice-President,
another council member that the council members present shall
elect for the purpose of that meeting. (6) A decision of the Council on any question shall be by a
majority of the council 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. Proceedings
of Council

uality of votes, the person presiding at the
meeting shall have a casting vote, in addition to that person’s
deliberative vote. Proceedings
of Council

Zambia Institute of Marketing [No. 2 of 2022 57
(7) The Council 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. (8) The validity of any proceedings, act or decision of the
Council shall not be affected by a vacancy in the membership of
the Council or any defect in the appointment of a council member
or by reason that a person not entitled to do so took part in the
proceedings. (9) The Council shall cause minutes to be kept of the
proceedings of every meeting of the Council and any committee
established by the Council. 4. (1) The Council 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 Council may appoint as members of a committee under
sub-paragraph (1), persons who are or are not council members
except that at least one council member shall be a member of a
committee. (3) A member of a committee shall hold office for a period
that the Council may determine.

least one council member shall be a member of a
committee. (3) A member of a committee shall hold office for a period
that the Council may determine.

(4) Subject to any specific or general direction of the Council,
a committee may regulate its own procedure. 5. The Council shall pay to a council member, a member of the
committee of the Council, a board member, a member of a
Professional Conduct Committee or a member of the Disciplinary
Committee an allowance as the Council may determine. 6. (1) A council member or board member who is present at
a meeting of the Council or Board, respectively, or a member who
is present at a meeting of a committee of the Council 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 is practicable after
the commencement of the meeting, disclose the interest and shall
not, unless the Council, Board or the committee otherwise directs,
take part in any consideration or discussion of, or vote on, any
question relating to that matter. Committees
Allowances
Disclosure
of interest

rects,
take part in any consideration or discussion of, or vote on, any
question relating to that matter. Committees
Allowances
Disclosure
of interest

58 No. 2 of 2022] Zambia Institute of Marketing
(2) A disclosure of interest made under this paragraph shall
be recorded in the minutes of the meeting at which it is made. 7. (1) A person shall not, without the consent in writing given
by, or on behalf of, the Institute, publish or disclose to person, other
than in the course of duties of that person, the contents of a
document, communication or information which relates to, or which
has come to the knowledge of that person in the course of that
person’s duties under this Act. (2) A person who contravenes sub-paragraph (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 that person’s
knowledge has been published or disclosed in contravention of
sub-paragraph (1), unlawfully publishes or communicates the
information to another 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. 8.

iable, 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. 8.

An action or other proceeding shall not lie or be instituted
against a council member, a member of a committee of the Council,
a board member, a member of a Professional Conduct Committee,
a member of the Disciplinary Committee or a member of staff of
the Institute for, or in respect of, an act or thing done or omitted to
be done in good faith in the exercise or performance of a power or
function conferred under this Act. PART II
FINANCIAL PROVISIONS
9. (1) The funds of the Institute consist of monies that may—
(a) be paid to the Institute by way of fees, charges, grants
or donations; and
(b) otherwise vest in, or accrue to, the Institute. Immunity
Funds of
Institute
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons

wise vest in, or accrue to, the Institute. Immunity
Funds of
Institute
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons

Zambia Institute of Marketing [No. 2 of 2022 59
(2) The Institute may—
(a) accept monies by way of grants or donations from any
source in or outside the Republic;
(b) raise by way of loans or otherwise, monies that the
Institute may require for the performance of the
Institute’s functions; and
(c) in accordance with the Regulations made under this Act,
charge and collect fees for services provided by the
Institute. (3) There shall be paid from the funds of the Institute—
(a) salaries, allowances and loans of staff of the Institute;
(b) reasonable travelling, transport and subsistence
allowances for council members, members of a
committee of the Institute, board members, members
of a Professional Conduct Committee and members of
the Disciplinary Committee when engaged in the
business of the Institute and at such rates as the Council
may determine; and
(c) any other expenses incurred by the Institute in the
performance of its functions under this Act. (4) The Institute may invest in a manner as the Institute
considers appropriate funds of the Institute that the Institute does
not immediately require for the performance of its functions. 10.

s the Institute
considers appropriate funds of the Institute that the Institute does
not immediately require for the performance of its functions. 10.

The financial year of the Institute shall be a period of
twelve months ending on 31st December in each year. 11. (1) The Institute shall cause to be kept proper books of
account and other records relating to its accounts. (2) The accounts of the Institute shall be audited annually by
an independent auditor appointed by the Council. (3) The fees of the independent auditor shall be paid by the
Institute. 12. (1) As soon as practicable, but not later than ninety days
after the end of the financial year, the Institute shall submit to the
Minister a report concerning the Institute’s activities during the
financial year. Financial
year
Accounts
and audit
Annual
report

shall submit to the
Minister a report concerning the Institute’s activities during the
financial year. Financial
year
Accounts
and audit
Annual
report

60 No. 2 of 2022] Zambia Institute of Marketing
(2) The report referred to in sub-paragraph (1), shall include
information on the financial affairs of the Institute 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.

first
sitting of the National Assembly next after receipt of the report
referred to in subparagraph (1), lay the report before the National
Assembly.

Zambia Institute of Marketing [No. 2 of 2022 61
SECOND SCHEDULE
(Section 60 (2))
SAVINGS AND TRANSITIONAL PROVISIONS
1. In this Schedule, “former Council” means the Council of
the Zambia Institute of Marketing established under the repealed
Act. 2. (1) A marketer registered under the repealed Act shall
continue to be registered as if registered under this Act. (2) The registration under sub-paragraph (1) shall be modified
in accordance with this Act where necessary. (3) After the commencement of this Act, the former Council
shall continue to perform the functions of the Council of the Institute
under this Act until a new Council is constituted in accordance with
this Act. (4) A register maintained under the repealed Act and subsisting
immediately before the commencement of this Act shall, until
replaced, be considered to be a register maintained under this Act. 3. (1) For the avoidance of doubt, a person who, before the
commencement of this Act was an officer or employee of the former
Council shall continue to be an officer or employee of the Institute,
as if appointed or employed under this Act.

an officer or employee of the former
Council shall continue to be an officer or employee of the Institute,
as if appointed or employed under this Act.

(2) The service of persons under subparagraph (1) shall be
treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of a
person employed or appointed by the former Council before the
commencement of this Act. 4. (1) On the commencement of this Act, there shall be
transferred to, vest in and subsist against the Institute by virtue of
this Act and without further assurance, the assets, rights, liabilities
and obligations which immediately before the commencement of
this Act were the assets, rights, liabilities and obligations of the
former Council. Staff of
Institute
Transfer of
assets and
liabilities
Interpretation
Registration
and
appointment
under
repealed Act

bligations of the
former Council. Staff of
Institute
Transfer of
assets and
liabilities
Interpretation
Registration
and
appointment
under
repealed Act

62 No. 2 of 2022] Zambia Institute of Marketing
(2) Subject to subparagraph (1), every deed, bond or agreement,
other than an agreement for personnel service, to which the former
Council was a party immediately before the commencement of
this Act, whether or not of a nature that rights, liabilities and
obligations could be assigned, shall, unless its subject matter or terms
make it impossible that it should have effect as modified, as provided
under this paragraph, have effect as if—
(a) the Institute had been party to it;
(b) for any reference to the former Council there was
substituted, with respect to anything falling to be done
on or after the commencement of this Act, a reference
to the Institute; or
(c) for any reference to any officer of the former Council,
not being a party to it and beneficially interested, there
were substituted, as respects anything falling to be done
on or after the commencement of this Act, a reference
to that officer of the Institute, as the Institute shall
designate.

anything falling to be done
on or after the commencement of this Act, a reference
to that officer of the Institute, as the Institute shall
designate.

(3) Where under this Act, any assets, rights, liabilities and
obligations of the former Council are deemed to be transferred to
the Institute, in respect of which transfer a written law provides for
registration, the Institute shall make an application, in writing, to the
appropriate registration authority for registration of the transfer. (4) The registration authority, under subparagraph (3), shall
make entries in the appropriate register that shall give effect to the
transfer and, where applicable, issue to the transferee concerned a
certificate of title in respect of the property or make necessary
amendments to the register and shall endorse the deeds relating to
the title, right or obligation concerned and no registration fees or
other duties shall be payable in respect of the transaction. 5. (1) Any legal proceedings or application of the former
Council pending immediately before the commencement of this Act
by or against the former Council may be continued by or against
the Institute.

former
Council pending immediately before the commencement of this Act
by or against the former Council may be continued by or against
the Institute.

(2) After the commencement of this Act, proceedings in respect
of any right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the former Council may be instituted by or
against the Institute.