The Zambia Institute of Valuation Surveyors Act, 2023

Zambia Institute of Valuation Surveyors [No. 9 of 2023 141
THE ZAMBIA INSTITUTE OF VALUATION
SURVEYORS, 2023
ARRANGEMENTS OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title
2. Interpretation
PART II
THE ZAMBIA INSTITUTE OF VALUATION SURVEYORS
3. Continuation and renaming of the Valuation Surveyors Registration
Board
4. Functions of Institute
5. Constitution of Institute
6. President, Vice-Presidents and other office bearers
7. Meetings of Institute
8. Council of Institute
9. Functions of Council
10. Registrar and other staff
PART III
REGISTRATION OF VALUATION SURVEYORS AND ISSUANCE OF PRACTISING
CERTIFICATES
11. Prohibition of practising without registration
12. Application for registration as member
13. Determination for registration as member
14. Certificate of registration
15. Disqualification from registration
16. Title for registered valuation surveyor
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
23. Renewal of practising certificate
24.

tising without valid practising certificate
21. Practising certificate
22. Display of practising certificate
23. Renewal of practising certificate
24.

Suspension and cancellation of practising certificate
25. Maintenance of non-practising valuation surveyor on register
26. Prohibition of transfer of certificate of registration or practising
certificate
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K68.00 each.

tion or practising
certificate
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K68.00 each.

142 No. 9 of 2023 Zambia Institute of Valuation Surveyors
27. Duplicate certificate of registration or practising certificate
28. Surrender of cancelled certificate of registration or practising certificate
29. Valuation surveying firm
30. Register
31. Publication of copies of Register
32. Offences relating to registration, etc. PART IV
DISCIPLINARY MATTERS
33. Code of Ethics
34. Professional misconduct
35. Initiation of disciplinary action
36. Professional Conduct Committee
37. Referring of matters to Professional Conduct Committee
38. Sanctions for valuation surveyor by Professional Conduct Committee
39. Disciplinary Committee
40. Functions of Disciplinary Committee
41. Proceedings of Disciplinary Committee
42. Powers of Disciplinary Committee
43. Sanctions for professional misconduct by Disciplinary Committee
44. Reports by Disciplinary Committee
45. Rules relating to disciplinary proceedings
PART V
INSPECTORATE
46. Inspectors
47. Power of entry, search and inspection
PART VI
GENERAL PROVISIONS
48. Professional fees
49. False or misleading statement
50. Appeals
51. Prohibition of publication or disclosure of information to unauthorised
persons
52.

rofessional fees
49. False or misleading statement
50. Appeals
51. Prohibition of publication or disclosure of information to unauthorised
persons
52.

Offences by principal officers of body corporate or unincorporate body
53. Administrative penalty
54. Immunity
55. Guidelines
56. Regulations
57. Repeal of Cap. 207 and savings and transitional provisions
SCHEDULES

e body
53. Administrative penalty
54. Immunity
55. Guidelines
56. Regulations
57. Repeal of Cap. 207 and savings and transitional provisions
SCHEDULES

Zambia Institute of Valuation Surveyors [No. 9 of 2023 143
Enactment
Short title
Inter-
pretation
An Act to provide for the registration of valuation surveyors
and regulate their practice and professional conduct;
continue the existence of the Valuation Surveyors
Registration Board and re-name it as the Zambia Institute
of Valuation Surveyors and re-define its functions; repeal
and replace the Valuation Surveyors Act; and provide for
matters connected with, or incidental to, the foregoing. [ 17th August, 2023
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Zambia Institute of Valuation
Surveyors Act, 2023. 2.

ACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Zambia Institute of Valuation
Surveyors Act, 2023. 2.

In this Act, unless the context otherwise requires—
“associate” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“Chairperson” means the person appointed as Chairperson
of the Disciplinary Committee under section 39;
“code of ethics” means the code of ethics adopted and
published by the Institute for the purposes of this Act;
“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 39;
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 9 of 2023
Date of Assent: 15th August, 2023

ry Committee
of the Institute constituted under section 39;
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 9 of 2023
Date of Assent: 15th August, 2023

“firm” has the meaning assigned to the word in the Registration
of Business Names Act, 2011;
“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;
“inspector” means a person appointed as an inspector under
section 46;
“Institute” means the Zambia Institute of Valuation Surveyors
established under section 3;
“Law Association of Zambia” means the Law Association of
Zambia established under the Law Association of Zambia
Act;
“legal practitioner” has the meaning assigned to the word
“practitioner” in the Legal Practitioner’s Act;
“legally disqualified” means the absence of legal capacity as
provided under section 4 of the Mental Health Act, 2019;
“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;
“President” means a person elected as President of the
Institute under section 6;
“Professional Conduct Committee” means an ad hoc
Professional Conduct Committee constituted under section
36;
“professional misconduct” means the conduct referred to under
section 34;
“real estate surveying” means an opinion of the value of an
asset or liability on a stated basis, at a specified date and
includes the valuation of real property interests, plant,
machinery and equipment businesses and business interests,
intangible assets, non-financial liabilities, inventory,
development property and financial instruments;
“Register” means the Register of the Institute referred to
under section 30;
“Registrar” means a person appointed as Registrar under
section 10;
Act No.

egister” means the Register of the Institute referred to
under section 30;
“Registrar” means a person appointed as Registrar under
section 10;
Act No.

16
of 2011
Act No. 4 of
2013
Act No. 4 of
2013
Cap. 31
Act No. 3 of
2019
Cap. 30
144 No. 9 of 2023 Zambia Institute of Valuation Surveyors

16
of 2011
Act No. 4 of
2013
Act No. 4 of
2013
Cap. 31
Act No. 3 of
2019
Cap. 30
144 No. 9 of 2023 Zambia Institute of Valuation Surveyors

“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“repealed Act” means the Valuation Surveyors Act;
“valuation surveying” means a manual or electronic process
of carrying out real estate valuation and includes feasibility
appraisals and highest and best use of real estate
management and property maintenance, land management
and administration, and land development and facilities
management plant and machinery and other movable assets;
“valuation surveyor” means a person qualified in the theory,
practice and discipline of valuation surveying, acquired by
training, education and practice, and is registered as a
valuation surveyor in accordance with this Act;
“Vice-Chairperson” means the person appointed as Vice-
Chairperson of the Disciplinary Committee under section
39;
“Vice-President” means the person elected as Vice-President
of the Institute under section 6; and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011. PART II
THE ZAMBIA INSTITUTE OF VALUATION SURVEYORS
3.

ambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011. PART II
THE ZAMBIA INSTITUTE OF VALUATION SURVEYORS
3.

(1) The Valuation Surveyors Registration Board established
under the repealed Act is continued as if established under this Act
and is renamed as the Zambia Institute of Valuation Surveyors. (2) The Institute 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 provision of this Act, to do all
acts and things that a body corporate may, by law, do or perform. (3) The First Schedule applies to the Institute. 4. (1) The functions of the Institute are to—
(a) advance the valuation surveying profession and promote
its interests;
(b) register and regulate valuation surveyors;
(c) issue practising certificates to eligible members;
Act No. 3
of 2012
Cap. 207
Act No. 13
of 2011
Continuation
and
renaming of
Valuation
Surveyors
Registration
Board
Functions of
Institute
Zambia Institute of Valuation Surveyors [No. 9 of 2023 145

Continuation
and
renaming of
Valuation
Surveyors
Registration
Board
Functions of
Institute
Zambia Institute of Valuation Surveyors [No. 9 of 2023 145

(d) set and enforce professional standards of valuation
surveying practice;
(e) develop, promote and enforce internationally comparable
valuation surveying practice standards in the Republic;
(f) provide continuous professional development to valuation
surveyors;
(g) investigate cases of professional misconduct under this
Act;
(h) publish a journal of the Institute, and collect, collate
and publish other information of interest to the Institute;
(i) undertake research and development into matters
affecting the valuation surveying profession;
(j) promote public awareness in matters relating to the
valuation surveying profession;
(k) recommend to the Higher Education Authority and higher
education institutions, the development and maintenance
of appropriate standards for valuation surveying training
and education;
(l) collaborate with the higher education institutions,
Government departments and other institutions to
enhance the interest and improve the quality of the
valuation surveying profession; and
(m) create and maintain a national real estate database to
facilitate the storage of data to support real estate
transactions and valuations.

ion; and
(m) create and maintain a national real estate database to
facilitate the storage of data to support real estate
transactions and valuations.

(2) The Institute may determine—
(a) the fees payable by the members and for an inspection
conducted or other services rendered by the Institute;
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;
Constitution
of Institute
146 No. 9 of 2023 Zambia Institute of Valuation Surveyors

rnments and
other matters of procedure or conduct of the meetings;
Constitution
of Institute
146 No. 9 of 2023 Zambia Institute of Valuation Surveyors

(b) election, qualifications and tenure of office of the
President, Vice-Presidents and other office bearers of
the Institute;
(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. The members shall elect the President, Vice-Presidents and
other office bearers 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
is responsible for the management and control of the affairs of the
Institute.

stitute. 8. (1) There is constituted the Council of the Institute which
is responsible for the management and control of the affairs of the
Institute.

(2) The Council consists of the following part-time council
members elected in accordance with the provisions of the
constitution:
(a) the President;
(b) the two Vice-Presidents;
(c) four other members; and
(d) the immediate past President as ex-officio. (3) A person shall not be elected as a council member if that
person is—
(a) found guilty of professional misconduct under this Act
or any other written law;
(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) an undischarged bankrupt;
President,
Vice-
Presidents and
other office
bearers
Meetings of
Institute
Council of
Institute
Zambia Institute of Valuation Surveyors [No. 9 of 2023 147

ident,
Vice-
Presidents and
other office
bearers
Meetings of
Institute
Council of
Institute
Zambia Institute of Valuation Surveyors [No. 9 of 2023 147

(d) legally disqualified from performing the functions of a
council member;
(e) convicted of an offence involving fraud or dishonesty
under this Act or any other written law; or
(f) an employee of the Institute. (4) The First Schedule applies to the Council. 9. (1) The functions of the Council are to perform the
executive functions of the Institute.

Institute. (4) 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) develop rules and guidelines for members of the Institute;
(b) refer a matter for investigation to a Professional Conduct
Committee or Disciplinary Committee in accordance
with Part IV;
(d) make recommendations relating to the valuation
surveying profession to the general meeting of the
Institute;
(e) set, establish and monitor standards for members
employed in valuation surveying;
(f) approve the policies, programmes and strategic plans of
the Institute;
(g) approve the annual work plan, 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 the valuation
surveying 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.

tion, 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 terms and
conditions that the Council may determine, who shall be—
(a) the chief executive officer of the Institute and Secretary
to the Council; and
(b) responsible for the day-to-day administration of the
Institute. Functions of
Council
Registrar and
other staff
148 No. 9 of 2023 Zambia Institute of Valuation Surveyors

e day-to-day administration of the
Institute. Functions of
Council
Registrar and
other staff
148 No. 9 of 2023 Zambia Institute of Valuation Surveyors

(2) 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. PART III
REGISTRATION OF VALUATION SURVEYORS AND ISSUANCE OF
PRACTISING CERTIFICATES
11. (1) A person shall not be employed or practise as a valuation
surveyor 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. 12. (1) A person who intends to be employed or to practise as
a valuation surveyor 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 valuation surveyors.

rescribed manner and form on payment of a prescribed fee. (2) The Institute may determine different fees for different
classes of valuation surveyors.

(3) The Institute may, within thirty days of receipt of an
application under subsection (1), grant or reject the application. (4) The Institute shall, where the Institute rejects an application
under subsection (3), inform the applicant of the decision, in writing,
and give reasons for the decision. 13. (1) The Institute shall, in considering an application made
under section 12, register an applicant as a valuation surveyor if
the Institute is satisfied that the applicant—
(a) has met the requirements for membership as provided
in the constitution;
(b) possesses knowledge, training and experience that may
be prescribed;
(c) holds a qualification recognised and validated by the
Zambia Qualifications Authority;
(d) is of good professional standing;
Prohibition
of practising
without
registration
Application
for
registration
as member
Determination
for
registration
as member
Zambia Institute of Valuation Surveyors [No. 9 of 2023 149

egistration
Application
for
registration
as member
Determination
for
registration
as member
Zambia Institute of Valuation Surveyors [No. 9 of 2023 149

(e) is a citizen or is resident in the Republic and has an
established office or appointment in the Republic in the
valuation surveying profession; and
(f) meets other requirements that the Minister may, on the
recommendation of the Institute, prescribe by statutory
instrument. (2) The Institute shall register a valuation surveyor in
accordance with the categories and classes of membership
prescribed in the constitution. 14. (1) The Institute shall issue a valuation surveyor with a
certificate of registration in the prescribed form showing the
valuation surveyor’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 valuation
surveyor 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 application for 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;
(d) an undischarged bankrupt; or
(e) found guilty of professional misconduct by the
Disciplinary Committee and the Disciplinary Committee
orders the cancellation of the certificate of registration
of that valuation surveyor. 16. A registered valuation surveyor shall use the title or
designation as provided in the constitution. 17. A valuation surveyor registered under this Act shall notify
the Registrar, in writing, of any change in the particulars relating to
the registration within seven days of the change. 18.

er this Act shall notify
the Registrar, in writing, 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 valuation surveyor if—
(a) the Institute has reasonable grounds to believe that the
registration was obtained through fraud,
misrepresentation or concealment of a material fact;
Certificate
of
registration
Disqualification
from
registration
Title for
registered
valuation
surveyor
Change in
details
Suspension
and
cancellation
of
registration
150 No. 9 of 2023 Zambia Institute of Valuation Surveyors

registered
valuation
surveyor
Change in
details
Suspension
and
cancellation
of
registration
150 No. 9 of 2023 Zambia Institute of Valuation Surveyors

(b) the valuation surveyor 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 valuation surveyor’s certificate of
registration;
(c) the valuation surveyor 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; or
(d) since the registration, circumstances have arisen
disqualifying the valuation surveyor from registration. (2) The Institute shall, before suspending or cancelling the
registration under subsection (1), give the valuation surveyor an
opportunity to be heard. (3) The Institute may, before cancelling the registration of a
valuation surveyor, suspend the valuation surveyor for a specified
period and on terms and conditions that the Institute may determine. (4) Where the Institute cancels the registration of a valuation
surveyor under this section, the name of the valuation surveyor
shall be removed from the Register and shall not be restored except
on conditions that may be prescribed.

section, the name of the valuation surveyor
shall be removed from the Register and shall not be restored except
on conditions that may be prescribed.

(5) Where a certificate of registration is cancelled under this
section, the practising certificate of the holder of the certificate of
registration shall be void. 19. A person may, where a certificate of registration is
cancelled under section 18, apply to the Institute for re-registration
in the prescribed manner and form on payment of a prescribed fee,
subject to the terms and conditions that the Institute may determine. 20. (1) A person shall not practise as a valuation surveyor
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 as a
valuation surveyor 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. Re-
registration
Prohibition
of practising
without
valid
practising
certificate
Zambia Institute of Valuation Surveyors [No. 9 of 2023 151

or to both. Re-
registration
Prohibition
of practising
without
valid
practising
certificate
Zambia Institute of Valuation Surveyors [No. 9 of 2023 151

21. (1) A registered valuation surveyor shall apply to the
Institute for a practising certificate in the prescribed manner and
form on payment of a prescribed fee. (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 where the applicant meets the
requirements of this Act. (3) The Minister may, by statutory instrument, and on the
recommendation of the Institute, make Regulations to provide for—
(a) the terms and conditions for the issuance of a practising
certificate;
(b) the type of continuous professional development and
training and any other information required for the
issuance of a practising certificate; and
(c) any other matter that is necessary for the purposes of
this section. 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) becomes legally disqualified from performing the duties
of a valuation surveyor;
(d) is an undischarged bankrupt;
(e) obtained the practising certificate through fraud,
misrepresentation or concealment of a material fact; or
(f) is de-registered under this Act. 10
Practising
certificate
Display of
practising
certificate
Renewal of
practising
certificate
Suspension
and
cancellation
of practising
certificate
152 No. 9 of 2023 Zambia Institute of Valuation Surveyors

cate
Renewal of
practising
certificate
Suspension
and
cancellation
of practising
certificate
152 No. 9 of 2023 Zambia Institute of Valuation Surveyors

(2) The Institute shall, before suspending or cancelling the
practising certificate of a valuation surveyor under this section,
give the valuation surveyor an opportunity to be heard. (3) The Institute may, before cancelling the practising
certificate of a valuation surveyor, suspend the valuation surveyor
for a specified period and on terms and conditions that the Institute
may determine. 25. (1) A valuation surveyor who does not intend to practice
valuation surveying for a specified period of time shall notify the
Institute, in writing, of that valuation surveyor’s intention. (2) The Institute may, where a valuation surveyor notifies the
Institute in accordance with subsection (1), maintain the name of
the valuation surveyor on the register, in a non-practising category,
for that period of time. 26. A certificate of registration or practising certificate issued
under this Part shall not be transferred to a third party. 27.

that period of time. 26. A certificate of registration or practising certificate issued
under this Part shall not be transferred to a third party. 27.

(1) A valuation surveyor whose certificate of registration
or practising certificate is destroyed or lost may apply to the Registrar
for a duplicate certificate of registration or practising 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 valuation surveyor. 28. A valuation surveyor 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. 29. (1) A person who registers a valuation surveying firm under
the Companies Act, 2017, the Registration of Business Names Act,
2011, or any other written law, shall register the valuation surveying
firm with the Institute in the prescribed manner and form on payment
of a prescribed fee.

ny other written law, shall register the valuation surveying
firm with the Institute in the prescribed manner and form on payment
of a prescribed fee.

(2) The Minister may, by statutory instrument, on the
recommendation of the Institute, make Regulations to provide for—
Maintenance
of non-
practising
valuation
surveyor on
register
Prohibition
of transfer of
certificate of
registration
or practising
certificate
Duplicate
certificate of
registration
or practising
certificate
Surrender of
cancelled
certificate of
registration
or practising
certificate
Valuation
surveying
firm
Act No. 10
of 2017
Act No. 16
of 2011
Zambia Institute of Valuation Surveyors [No. 9 of 2023 153

on
or practising
certificate
Valuation
surveying
firm
Act No. 10
of 2017
Act No. 16
of 2011
Zambia Institute of Valuation Surveyors [No. 9 of 2023 153

(a) the terms and conditions for the issuance of a certificate
of registration as a valuation surveying firm;
(b) the circumstances on which the registration under this
section may be suspended or cancelled; and
(c) any other matter that is necessary for the purpose of
this section. 30. (1) The Institute shall keep and maintain a register of—
(a) members;
(b) registered valuation surveyors;
(c) the holders of practising certificates and persons whose
practising certificates are cancelled;
(d) valuation surveying firms;
(e) the applications rejected and reasons for the rejection;
and
(f) any other information that the Institute may determine. (2) The register referred to under subsection (1) shall contain
particulars that may be prescribed. (3) 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.

e 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.

(4) The Registrar shall, on an application by any person, issue
to the person a certified extract from the registers or a copy of a
certificate of registration or practising certificate, on payment of a
fee that the Institute may determine. 31. (1) The Registrar shall, on the direction of the Council,
cause copies of the register, including 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 shall be prima facie evidence in legal proceedings of what
is contained in that register, and the absence of the name of a
valuation surveyor or member from that copy is prima facie evidence
that the person is not registered as a valuation surveyor or member. 32. (1) A person shall not—
(a) make or cause to be made, an unauthorised entry,
alteration or erasure on a register, certificate of
registration or practising certificate, or on a certified
copy of a register, certificate of registration or practising
certificate;
Register
Publication
of copies of
register
Offences
relating to
registration,
etc. 154 No.

ter, certificate of registration or practising
certificate;
Register
Publication
of copies of
register
Offences
relating to
registration,
etc. 154 No.

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9 of 2023 Zambia Institute of Valuation Surveyors

(b) procure or attempt to procure registration under this
Act by fraud, misrepresentation or the concealment of
a material fact;
(c) impersonate a valuation surveyor or use the title or
designation of a valuation surveyor while not registered
as a valuation surveyor under this Act; 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. PART IV
DISCIPLINARY MATTERS
33. The Council shall adopt and publish a code of ethics for
valuation surveyors, which shall bind valuation surveyors regulated
under this Act. 34.

S
33. The Council shall adopt and publish a code of ethics for
valuation surveyors, which shall bind valuation surveyors regulated
under this Act. 34.

A valuation surveyor commits professional misconduct if
the valuation surveyor—
(a) contravenes a provision of this Act;
(b) unlawfully discloses or uses to the valuation surveyor’s
advantage any information acquired in the practice of
the valuation surveyor;
(c) engages in conduct that is dishonest, fraudulent or
deceitful; or
(d) breaches the code of ethics or encourages another
valuation surveyor to breach or disregard the code of
ethics. 35. (1) A person may lodge a complaint with the Institute against
a valuation surveyor where that person alleges that the valuation
surveyor has committed professional misconduct. (2) The Institute may initiate disciplinary action under this
section where the Institute has reasonable grounds to believe that
a valuation surveyor has committed professional misconduct. (3) A complaint under subsection (1) shall be made to the
Registrar in the prescribed manner and form. Code of ethics
Professional
misconduct
Initiation of
disciplinary
action
Zambia Institute of Valuation Surveyors [No. 9 of 2023 155

d manner and form. Code of ethics
Professional
misconduct
Initiation of
disciplinary
action
Zambia Institute of Valuation Surveyors [No. 9 of 2023 155

36. (1) Subject to the other provisions of this Act, the Council
may constitute a Professional Conduct Committee to investigate
and hear a matter referred to it by the Institute. (2) Where a case is referred to a Professional Conduct
Committee, that Professional Conduct Committee shall consider
the case and subject to the provisions of this section, determine
either that—
(a) no inquiry shall be held in the case by the Disciplinary
Committee; or
(b) 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 valuation
surveyor of the decision of the Professional Conduct Committee
on terms that the Professional Conduct Committee may direct. (4) A Professional Conduct Committee shall, if it just, cause
further investigations to be done, or obtain advice or assistance
from any person that the Professional Conduct Committee considers
necessary.

, cause
further investigations to be done, or obtain advice 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 has been furnished by the valuation surveyor 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) The person presiding over a Professional Conduct
Committee may, 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 valuation surveyor, 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. Professional
Conduct
Committee
156 No. 9 of 2023 Zambia Institute of Valuation Surveyors

matter be referred to the Disciplinary Committee
for inquiry. Professional
Conduct
Committee
156 No. 9 of 2023 Zambia Institute of Valuation Surveyors

(7) The Registrar shall, where a direction is given in
accordance with subsection (6)(a), inform the complainant, if any,
and the practitioner of the decision of the Professional Conduct
Committee on terms that the Professional Conduct Committee may
direct. (8) The Minister may, on the recommendation of the Institute,
by statutory instrument prescribe:
(a) the composition of a Professional Conduct Committee;
(b) the tenure of office, disqualification and vacancy of a
member of a Professional Conduct Committee;
(c) the proceedings of a Professional Conduct Committee;
and
(d) any other matter that is necessary for the purposes of
this section. 37. Except as otherwise expressly stated, before a matter is
referred to the Disciplinary Committee, the Institute shall refer
the matter for investigation by a Professional Conduct Committee. 38.

re a matter is
referred to the Disciplinary Committee, the Institute shall refer
the matter for investigation by a Professional Conduct Committee. 38.

A Professional Conduct Committee may, where the
Professional Conduct Committee determines that no inquiry shall
be held in a case under this Part by the Disciplinary Committee but
finds a valuation surveyor guilty of professional misconduct, impose
any of the following sanctions:
(a) counsel, mentor or censure the valuation surveyor;
(b) caution the valuation surveyor;
(c) direct the valuation surveyor to pay an administrative
penalty not exceeding fifty thousand penalty units to
the Institute;
(d) direct the valuation surveyor to pay to the Institute or
any other party to the matter any costs of, or incidental
to, the proceedings; or
(e) order that the valuation surveyor be retrained or
rehabilitated. 39. (1) The Council shall constitute a Disciplinary Committee
consisting of the following part-time members:
(a) the Chairperson;
(b) the Vice-Chairperson;
Referring of
matters to
Professional
Conduct
Committee
Disciplinary
Committee
Sanctions for
valuation
surveyor by
Professional
Conduct
Committee
Zambia Institute of Valuation Surveyors [No. 9 of 2023 157

e
Disciplinary
Committee
Sanctions for
valuation
surveyor by
Professional
Conduct
Committee
Zambia Institute of Valuation Surveyors [No. 9 of 2023 157

(c) four valuation surveyors, at least one of whom shall be
from the public sector, who has been in practice for at
least ten years and is not a council member; and
(d) a legal practitioner nominated by the Law Association
of Zambia. (2) The Chairperson and Vice-Chairperson shall be valuation
surveyors of the highest class of membership in the Institute. (3) 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 valuation
surveyors 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 term
exceeding six months without the option of a fine. (4) A member of the Disciplinary Committee shall hold office
for a term of three years and may be re-appointed for a further
and final term of three years.

member of the Disciplinary Committee shall hold office
for a term of three years and may be re-appointed for a further
and final term of three 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
the period specified in the constitution. (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 functions of a
member of the Disciplinary Committee;
(f) is found guilty of professional misconduct;
158 No. 9 of 2023 Zambia Institute of Valuation Surveyors

s of a
member of the Disciplinary Committee;
(f) is found guilty of professional misconduct;
158 No. 9 of 2023 Zambia Institute of Valuation Surveyors

(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. (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. 40. (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 valuation
surveyor; or
(b) a disciplinary action initiated against a valuation surveyor
under section 35(2). (2) The Disciplinary Committee may publicise as the
Disciplinary Committee considers appropriate, the facts relating to
a valuation surveyor who is found guilty of, and punished for,
professional misconduct. 41.

ary Committee considers appropriate, the facts relating to
a valuation surveyor who is found guilty of, and punished for,
professional misconduct. 41.

(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. Functions of
Disciplinary
Committee
Proceedings
of
Disciplinary
Committee
Zambia Institute of Valuation Surveyors [No. 9 of 2023 159

all be in
camera. Functions of
Disciplinary
Committee
Proceedings
of
Disciplinary
Committee
Zambia Institute of Valuation Surveyors [No. 9 of 2023 159

(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 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 or sitting, disclose the 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. (9) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting or sitting at which the
disclosure is made. (10) The Disciplinary Committee shall cause to be kept a record
of its proceedings. 42.

tes of the meeting or sitting at which the
disclosure is made. (10) The Disciplinary Committee shall cause to be kept a record
of its proceedings. 42.

(1) The Disciplinary Committee may, for the purposes of
hearing a complaint under this Part, 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. (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 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
Powers of
Disciplinary
Committee
160 No. 9 of 2023 Zambia Institute of Valuation Surveyors

edge and
belief, a question lawfully put to that person; or
Powers of
Disciplinary
Committee
160 No. 9 of 2023 Zambia Institute of Valuation Surveyors

(d) refuse to produce a book, record, document or thing
which that person is required by summons to produce. (3) A person who contravenes subsection (2) commits an
offence and is liable, on conviction, for that refusal or failure, to a
fine not exceeding two hundred thousand penalty units. (4) Despite subsection (2), a person shall not be compelled to
answer a question or produce a book, record or document which
that person would not be compelled to answer or produce on the
trial of an action in 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. (6) A finding of fact which is shown to have been made by a
court in the Republic shall, in a hearing before the Disciplinary
Committee, be conclusive evidence of the fact so found. (7) The Disciplinary Committee shall, where the Disciplinary
Committee has reasonable cause to believe that a valuation surveyor
is legally disqualified, refer the matter for determination in
accordance with the Mental Health Act, 2019.

cause to believe that a valuation surveyor
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
valuation surveyor is legally disqualified, suspend the practising
certificate of the valuation surveyor. (9) The Disciplinary Committee shall, where the Disciplinary
Committee finds, after due inquiry, that a valuation surveyor is not
guilty of professional misconduct, record a finding that the valuation
surveyor 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. 43. The Disciplinary Committee shall, where the Disciplinary
Committee finds a valuation surveyor guilty of professional
misconduct, after due inquiry, impose one or more of the following
sanctions:
(a) order the cancellation of the valuation surveyor’s
certificate of registration or practising certificate;
(b) order the suspension of the certificate of registration or
practising certificate for a specified period and on
conditions as determined by the Disciplinary Committee;
Cap. 87
Act No.

ficate of registration or
practising certificate for a specified period and on
conditions as determined by the Disciplinary Committee;
Cap. 87
Act No.

6 of
2019
Sanctions
for
professional
misconduct
by
Disciplinary
Committee
Act No. 6 of
2019
Zambia Institute of Valuation Surveyors [No. 9 of 2023 161

6 of
2019
Sanctions
for
professional
misconduct
by
Disciplinary
Committee
Act No. 6 of
2019
Zambia Institute of Valuation Surveyors [No. 9 of 2023 161

(c) censure the valuation surveyor;
(d) caution the valuation surveyor;
(e) impose an administrative penalty, not exceeding one
hundred thousand penalty units, to be paid to the
Institute;
(f) order that the valuation surveyor be re-trained or
rehabilitated;
(g) order the valuation surveyor to pay to the Institute or a
party to the hearing the costs of, or incidental to, the
proceedings; or
(h) order the valuation surveyor to pay a party to the hearing
or any other person, as restitution, the amount of loss
caused by that person’s negligence. 44. 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. 45.

e 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. 45.

(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. (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 or 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. Reports by
Disciplinary
Committee
Rules
relating to
disciplinary
proceedings
162 No.

requires, be entitled to be heard by the
Disciplinary Committee. Reports by
Disciplinary
Committee
Rules
relating to
disciplinary
proceedings
162 No.

9 of 2023 Zambia Institute of Valuation Surveyors

9 of 2023 Zambia Institute of Valuation Surveyors

PART V
INSPECTORATE
46. (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. (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. 47.

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. 47.

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

ry to ascertain whether the
provisions of this Act or any other written 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. Inspectors
Power of
entry,
search and
inspection
Zambia Institute of Valuation Surveyors [No. 9 of 2023 163

t has been or is likely to be contravened. Inspectors
Power of
entry,
search and
inspection
Zambia Institute of Valuation Surveyors [No. 9 of 2023 163

(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. (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, on conviction, 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 VI
GENERAL PROVISIONS
48.

. (6) An inspector shall furnish the Council with a written report
and any other information relating to an inspection. PART VI
GENERAL PROVISIONS
48.

A valuation surveyor shall, for professional services
rendered, charge fees that the Council may, with the approval of
the Minister, by statutory instrument, prescribe. 49. (1) A person shall not knowingly or recklessly make a false
or misleading statement, orally or in writing, to the Institute,
Disciplinary Committee or a Professional Conduct Committee with
the intention that it be acted on by the Institute, Disciplinary
Committee or a Professional Conduct Committee. (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. Professional
fees
False or
misleading
statement
164 No. 9 of 2023 Zambia Institute of Valuation Surveyors

a term not exceeding
five years, or to both. Professional
fees
False or
misleading
statement
164 No. 9 of 2023 Zambia Institute of Valuation Surveyors

50. (1) A person aggrieved with a decision of the Institute may,
within thirty days of receipt of the decision, appeal to the Minister. (2) The Minister shall, within thirty days of receipt of an appeal
under subsection (1), hear and determine the appeal. (3) A person aggrieved with a decision of the Minister may
appeal to the High Court. (4) A person aggrieved with a decision of a Professional
Conduct Committee may, within thirty days of the receipt of the
decision, appeal to the Disciplinary Committee. (5) A person aggrieved with a decision of the Disciplinary
Committee may appeal to the High Court. (6) A decision of a Professional Conduct Committee or 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. (7) The proceedings of a Professional Conduct Committee or
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. 51.

be set aside by reason only of
some irregularity in those proceedings if that irregularity did not
occasion a substantial miscarriage of justice. 51.

(1) A person shall not, without the consent in writing given
by, or on behalf of, the Institute, publish or disclose to a 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 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. (3) A person who, having information which to that person’s
knowledge has been published or disclosed in contravention of
subsection (1), unlawfully publishes or communicates the
information to 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. Appeals
Prohibition
of
publication
or
disclosure
of
information
to
unauthorised
persons
Zambia Institute of Valuation Surveyors [No. 9 of 2023 165

th. Appeals
Prohibition
of
publication
or
disclosure
of
information
to
unauthorised
persons
Zambia Institute of Valuation Surveyors [No. 9 of 2023 165

52. 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 the same offence as the body
corporate or unincorporate body and is liable, on conviction, to the
penalty specified for that offence under this Act. 53. (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) The Institute may, where a person fails to pay an
administrative penalty within the stipulated period under subsection
(3), 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. 54.

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. 54.

An action or other proceeding shall not lie or be instituted
against a council member, a member of a committee of the Council,
a member of a Professional Conduct Committee, a member of
the Disciplinary Committee and 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. 55. (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 the Gazette and any other electronic media that the Institute
may determine. (3) The guidelines shall take effect on the date of publication
and shall bind the persons regulated under this Act. 56. (1) The Minister may, on the recommendation of the
Council, by statutory instrument, make Regulations for the better
carrying out of the provisions of this Act. Administrative
Penalty
Immunity
Guidelines
Regulations
Offences
by
principal
officers of
body
corporate
or
unicorporate
body
166 No. 9 of 2023 Zambia Institute of Valuation Surveyors

Guidelines
Regulations
Offences
by
principal
officers of
body
corporate
or
unicorporate
body
166 No. 9 of 2023 Zambia Institute of Valuation Surveyors

(2) Despite the generality of subsection (1), Regulations made
under this section may make provision for the—
(a) manner and form for applications under this Act and
the fees payable;
(b) form of, and particulars to be entered on, the Register;
(c) form of the certificate of registration and the conditions
under which the certificate of registration is issued;
(d) qualifications for registration of a valuation surveyor;
(e) code of ethics to which a valuation surveyor shall
subscribe;
(f) continuous professional development for valuation
surveyors;
(g) development, use and retention of documents and
information in electronic form; and
(h) regulation of valuation surveying firms. 57. (1) The Valuation Surveyors Act is repealed. (2) Despite subsection (1), the Second Schedule applies to
the matters specified in that Second Schedule. FIRST SCHEDULE
(Sections 3(3) and 8(4))
THE ZAMBIA INSTITUTE OF VALUATION SURVEYORS
PART I
ADMINISTRATION OF COUNCIL
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.

ADMINISTRATION OF COUNCIL
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 for that purpose. (4) A document purporting to be 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, as the case may
be, without further proof, unless the contrary is proved. Repeal of
Cap. 207
and savings
and
transitional
provisions
Seal of
Institute
Zambia Institute of Valuation Surveyors [No. 9 of 2023 167

ary is proved. Repeal of
Cap. 207
and savings
and
transitional
provisions
Seal of
Institute
Zambia Institute of Valuation Surveyors [No. 9 of 2023 167

2. (1) A council member shall, subject to the other provisions
of this Act, hold office for a term of three years and may be re-
elected for a further and final term of three years. (2) A council member shall, on the expiration of the term for
which the member is elected continue to hold office until another
council member is elected, but in no case shall the extension of the
term exceed three months. (3) The office of a council member becomes vacant if the
council member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) resigns by notice, in writing, to the Institute;
(d) is legally disqualified from performing the functions of
a council member;
(e) is disqualified from being a council member in
accordance with section 8(3);
(f) has their certificate of registration or practising certificate
cancelled under this Act;
(g) is found guilty of professional misconduct;
(h) is absent, without prior approval of the Council, from
three consecutive meetings of the Council of which the
council member had notice; or
(i) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
of six months without the option of a fine.

s convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
of 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 provisions 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 as 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. Proceedings
of Council
Tenure of
office and
vacancy of
council
member
168 No. 9 of 2023 Zambia Institute of Valuation Surveyors

ving a shorter notice. Proceedings
of Council
Tenure of
office and
vacancy of
council
member
168 No. 9 of 2023 Zambia Institute of Valuation Surveyors

(4) Five council members shall form a quorum at 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; 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. (7) The Council may invite a person whose presence is in the
Council’s 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, acts or decisions 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.

hip 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 of 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 the Council considers necessary. (2) The Council may appoint as members of a committee
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 term as
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 a
committee of the Council, a member of a Professional Conduct
Committee and a member of the Disciplinary Committee an
allowance as the Council may determine. Committees
Allowances
Zambia Institute of Valuation Surveyors [No. 9 of 2023 169

the Disciplinary Committee an
allowance as the Council may determine. Committees
Allowances
Zambia Institute of Valuation Surveyors [No. 9 of 2023 169

6. (1) A person who is present at a meeting of the Council or
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
or the committee of the Council otherwise directs, take part in any
consideration or discussion of, or vote on, any question relating to
that matter. (2) A disclosure of interest made under this paragraph shall be
recorded in the minutes of the meeting at which the disclosure is
made. PART II
FINANCIAL PROVISIONS
7. (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;
(b) be proceeds of any investments by the Institute; and
(c) otherwise vest in, or accrue to, the Institute.

ay of fees, charges, grants
or donations;
(b) be proceeds of any investments by the Institute; and
(c) otherwise vest in, or accrue to, the Institute.

(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 as it may
require for the performance of the Institute’s functions;
and
(c) in accordance with Regulations made under this Act,
charge and collect fees for services and in respect of
programmes and seminars conducted by the Institute. (3) There shall be paid from the funds of the Institute—
(a) the salaries, allowances and loans of the staff of the
Institute;
(b) reasonable travelling, transport and subsistence
allowances for council members, members of a
committee of the Council, members of the Disciplinary
Committee and members of a Professional Conduct
Committee when engaged in the business of the Institute
at the rates approved by the Council; and
Disclosure
of interest
Fund of
Institute
170 No. 9 of 2023 Zambia Institute of Valuation Surveyors

Institute
at the rates approved by the Council; and
Disclosure
of interest
Fund of
Institute
170 No. 9 of 2023 Zambia Institute of Valuation Surveyors

(c) any other expenses incurred by the Institute in the
performance of the Institute’s functions under this Act. (4) The Institute may, invest in a manner that the Institute
considers appropriate, funds of the Institute that the Institute does
not immediately require for the performance of the Institute’s
functions. 8. The financial year of the Institute shall be a period of twelve
months ending on 31st December in each year. 9. (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. SECOND SCHEDULE
(Section 57(2))
SAVINGS AND TRANSITIONAL PROVISIONS
1. In this Schedule, “former Board” means the Valuation
Surveyors Registration Board, established under the repealed Act. 2. (1) A person who, before the commencement of this Act,
was an employee of the former Board shall continue to be an
employee of the Institute as if employed under this Act. (2) The service of the persons referred to in subparagraph(1)
shall be treated as continuous service.

of the Institute as if employed under this Act. (2) The service of the persons referred to in subparagraph(1)
shall be treated as continuous service.

(3) Nothing in this Act affects the rights and liabilities of an
employee employed by the former Board before the
commencement of this Act. 3. (1) On or after the commencement of this Act, committees
and officers of the former Board operating or holding office
immediately before the commencement of this Act, shall operate
and hold office as the committees and officers of the Institute for
a period of six months as if they had been elected under this Act. (2) The Institute shall, six months after the commencement of
this Act, hold elections for its Institute, committees and other office
bearers. (3) The rules of the former Board in force immediately before
the commencement of this Act shall remain in force as if they
have been made and issued by the Institute until a time that new
rules are made. Financial
year
Accounts
and audit
Interpretation
Transfer of
staff of
former
Board
Office
bearers
Zambia Institute of Valuation Surveyors [No. 9 of 2023 171

ial
year
Accounts
and audit
Interpretation
Transfer of
staff of
former
Board
Office
bearers
Zambia Institute of Valuation Surveyors [No. 9 of 2023 171

(4) A representative appointed by the former Board to serve
on any committee or other body shall be deemed to be a
representative appointed by the Institute under this Act. 4. A registration, authorisation or recognition granted by the
former Board, whether to a company or an individual, shall be
deemed, until expiry, to be a registration, authorisation or recognition
granted in accordance with this Act, but subject to any rights or
benefits accruing, or any liabilities suffered, under the former Board. 5. (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 Board.

lities
and obligations which immediately before the commencement of
this Act were the assets, rights, liabilities and obligations of the
former Board.

(2) Subject to subparagraph (1), every deed, bond or
agreement, other than an agreement for personnel service, to which
the former Board 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 Board there were
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 Board,
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 Board are considered 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. Transfer of
assets and
liabilities
Registration,
authorisation
or
recognition
by former
Board
172 No. 9 of 2023 Zambia Institute of Valuation Surveyors

ransfer of
assets and
liabilities
Registration,
authorisation
or
recognition
by former
Board
172 No. 9 of 2023 Zambia Institute of Valuation Surveyors

(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 a certificate
of title in respect of the property or make necessary amendments
to the register and shall endorse the deed relating to the title, right
or obligation concerned and no registration fees or other duties shall,
be payable in respect of the transaction.
6. (1) Any legal proceedings or application of the former Board
pending immediately before the commencement of this Act by or
against the former Board may be continued by or against the
Institute.
(2) After the commencement of this Act, proceedings in respect
of a right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the former Board may be instituted by or
against the Institute.
Legal
proceedings
Zambia Institute of Valuation Surveyors [No. 9 of 2023 173

174