The Zambia Law Development Commission (Amendment) Act, 2019

[No. 4 of 2019 155
An Act to amend the Zambia Law Development
Commission Act. [ 11th April, 2019
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Zambia Law Development
Commission (Amendment) Act, 2019, and shall be read as one
with the Zambia Law Development Commission Act. 2. Section 2 of the principal Act is amended by the—
(a) deletion of the definitions of “ Commissioner ”, “ Deputy
Chairperson ” and “ Deputy Director ”;
(b) insertion of the following new definitions in the
appropriate places:
“ associate ” has the meaning assigned to the word
in the Anti-Corruption Act, 2012. “ emoluments ” has the meaning assigned to the word
in the Constitution;
“ Emoluments Commission ” means the Emoluments
Commission established by the Constitution;
“ Examinations Council of Zambia ” means the
Examinations Council of Zambia established
under the Examination Council of Zambia Act;
“ member ” means a person appointed as a member
of the Commission under section 5;
“ private higher education institution ” has the meaning
assigned to the words in the Higher Education
Act, 2013;
Enactment
Short title
Cap. 32
Amendment
of section 2
Act No. 3 of
2012
Cap. 1
Act No.

meaning
assigned to the words in the Higher Education
Act, 2013;
Enactment
Short title
Cap. 32
Amendment
of section 2
Act No. 3 of
2012
Cap. 1
Act No.

4 of
2013
Cap. 1
Cap. 137
Zambia Law Development Commission
GOVERNMENT OF ZAMBIA
ACT
No. 4 of 2019
Date of Assent: 11th April, 2019
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Prices K24.00 each.

019
Date of Assent: 11th April, 2019
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Prices K24.00 each.

156 No. 4 of 2019] Zambia Law Development Commission
Act No. 13
of 2011
Amendment
of section 4
Repeal and
replacement
of section 5
Composition
of
Commission
Act No. 4 of
2013
Act No. 4 of
2013
Act No.

on
Act No. 13
of 2011
Amendment
of section 4
Repeal and
replacement
of section 5
Composition
of
Commission
Act No. 4 of
2013
Act No. 4 of
2013
Act No.

3 of
2012
“ public higher education institution ” has the meaning
assigned to the words in the Higher Education
Act, 2013;
“ private university ” means a private higher education
institution registered under the Higher Education
Act, 2013, as a university;
“ public university ” means a public higher education
institution established or declared under the
Higher Education Act, 2013, as a university;
“ relative ” has the meaning assigned to the words in
the Anti-Corruption Act, 2012;
“ School Certificate ” means the certificate awarded
by the Examinations Council of Zambia to a
candidate who passes such subjects, in the
grade twelve examinations conducted by the
Examinations Council of Zambia, as the
Examinations Council of Zambia requires for
the award of the certificate;
“ Vice-Chairperson ” means the person elected as
Vice-Chairperson under section 5; and
“ Zambia QualificationsAuthority ” means the Zambia
Qualifications Authority established under the
Zambia Qualifications Authority Act, 2011. 3.

; and
“ Zambia QualificationsAuthority ” means the Zambia
Qualifications Authority established under the
Zambia Qualifications Authority Act, 2011. 3.

Section 4(2) of the principal Act is amended by the deletion
of paragraphs (a) and (b) and the substitution therefor of the
following:
(a) recommend the revision and reform of the law in Zambia;
and
(b) recommend the codification of unwritten laws in Zambia. 4. The principal Act is amended by the repeal of section 5 and
the substitution therefor of the following:
5. (1) The Commission consists of the following part-time
members appointed by the Minister:
(a) a judge nominated by the Chief Justice, as
Chairperson;
(b) a representative each of the—
(i) Attorney-General with expertise in
legislative drafting;
Act No. 4 of
2013

by the Chief Justice, as
Chairperson;
(b) a representative each of the—
(i) Attorney-General with expertise in
legislative drafting;
Act No. 4 of
2013

Zambia Law Development Commission [No. 4 of 2019 157
Amendment
of section 6
(ii) Permanent Secretary responsible for legal
matters in the Ministry responsible for
justice;
(iii) Ministry responsible for finance;
(iv) Ministry responsible for national guidance;
(v) Law Association of Zambia;
(vi) School of Law at a public university; and
(vii) School of Law at a private university;
(c) three representatives of research institutions; and
(d) two other persons with experience and knowledge
in matters relevant to this Act. (2) A person qualifies for appointment as a member if that
person —
(a) has a School Certificate or its equivalent;
(b) holds a degree, or an equivalent qualification,
which is accredited or recognised and validated
by the Zambia Qualifications Authority; and
(c) has relevant knowledge and experience in—
(i) law;
(ii) social work;
(iii) finance;
(iv) administration; or
(v) economics. (3) The members shall elect the Vice-Chairperson from
among themselves. (4) The ministries, institutions or organisations referred to
in subsection (1)(b) and (c) shall nominate their
representatives for appointment by the Minister. 5.

tries, institutions or organisations referred to
in subsection (1)(b) and (c) shall nominate their
representatives for appointment by the Minister. 5.

Section 6 of the principal Act is amended by the insertion
of the following new subsections immediately after subsection (3):
(4) A member shall, on expiry of the period for which a
member is appointed, continue to hold office until a
successor is appointed, but in no case shall the further
period exceed three months. (5) The Minister may, where the office of a member
becomes vacant before the expiry of the term of office,
appoint another person to be a member in place of the
member who vacates the office for the unexpired term of
that office.

piry of the term of office,
appoint another person to be a member in place of the
member who vacates the office for the unexpired term of
that office.

Repeal and
replacement
of sections
11, 12 and
13
Disclosure
of interest
Director,
Research
officers and
other staff
6. The principal Act is amended by the repeal of sections 11,
12 and 13, and the substitution therefor of the following:
11. (1) A person who is present at a meeting of the
Commission or a committee of the Commission at which
any matter is the subject of consideration, and in which
that person or that person’s relative or associate, is directly
or indirectly interested in a private capacity shall, as soon
as practicable after the commencement of the meeting,
disclose that interest and shall not, unless the Commission
or the committee otherwise directs, take part in any
consideration or discussion of, or vote on, any question
relating to that matter. (2) A disclosure of interest made under this section shall
be recorded in the minutes of the meeting at which
the disclosure is made. (3) 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. 12.

able, 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. 12.

(1) The Commission shall appoint a Director who shall
be—
(a) the Chief Executive officer of the Commission;
(b) the secretary to the Commission; and
(c) responsible for the day-to-day administration of
the Commission. (2) The Commission shall appoint research officers and
other staff of the Commission that the Commission
considers necessary for the performance of the
functions of the Commission. (3) The Emoluments Commission shall, on the
recommendation of the Commission, determine the
emoluments of the Director, research officers and
other staff of the Commission. (4) The Commission shall determine the terms and
conditions of service, other than emoluments, of the
Director, research officers and other staff of the
Commission. 158 No. 4 of 2019] Zambia Law Development Commission

ice, other than emoluments, of the
Director, research officers and other staff of the
Commission. 158 No. 4 of 2019] Zambia Law Development Commission

13. (1) The Commission may appoint suitably qualified
persons as assessors or experts to assist the Commission
in the performance of its fucntions.
(2) The Emoluments Commission shall, on the
recommendation of the Commission, determine the
emoluments of assessors and experts.
7. The principal Act is amended by the deletion of the words “
Commissioner ” and “ Commissioners ” wherever the words appear
and the substitution therefor of the words “ member ” and “
members ”, respectively.
General
amendment
Assessors
and experts
Zambia Law Development Commission [No. 4 of 2019 159

160