The Zambia Medicines and Medical Supplies Agency Act, 2019

THE ZAMBIA MEDICINES AND
MEDICAL SUPPLIES AGENCY ACT, 2019
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title and commencement
2. Interpretation
PART II
THE ZAMBIA MEDICINES AND MEDICAL SUPPLIES AGENCY
3. Establishment of Medical Stores Limited as Zambia Medicines
and Medical Supplies Agency
4. Seal of Agency
5. Functions of Agency
6. Constitution of Board of Agency
7. Functions of Board
8. Delegation of functions of Board
9. Tenure of office and vacancy
10. Proceedings of Board
11. Committees
12. Allowances
13. Disclosure of interest
14. Director-General
15. Secretary and other staff
16. Emoluments and other conditions of service of Director-
General, Secretary and other staff
17. Immunity
PART III
THE MEDICINES AND MEDICAL SUPPLIES FUND
18. Establishment of the Medicines and Medical Supplies Fund
19. Administration of Fund
20. Accounts and audit of Fund
21. Annual report of Fund
Zambia Medicines and
Medical Supplies Agency [No. 9 of 2019 247
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K36.00 each.

lies Agency [No. 9 of 2019 247
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K36.00 each.

PART IV
FINANCIAL PROVISIONS
22. Funds of Agency
23. Financial year
24. Accounts and audit of Agency
25. Annual report of Agency
PART IV
GENERAL PROVISIONS
26. Prohibition of publication or disclosure of information to
unauthorised persons
27. Regulations
28. Savings and transitional provisions
SCHEDULE
Zambia Medicines and
Medical Supplies Agency248 No. 9 of 2019]

o
unauthorised persons
27. Regulations
28. Savings and transitional provisions
SCHEDULE
Zambia Medicines and
Medical Supplies Agency248 No. 9 of 2019]

Zambia Medicines and
Medical Supplies Agency [No. 9 of 2019 249
An Act to provide for an efficient and cost-effective system
for the procurement, storage and distribution of medicines
and medical supplies; establish Medical Stores Limited
as the Zambia Medicines and Medical Supplies Agency
and provide for its functions; and provide for matters
connected with, or incidental to, the foregoing. [12th November, 2019
ENACTED by the Parliament of Zambia
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Zambia Medicines and Medical
Supplies Agency Act, 2019, and shall come into operation on the
date appointed by the Minister by statutory instrument. 2.

ambia Medicines and Medical
Supplies Agency Act, 2019, and shall come into operation on the
date appointed by the Minister by statutory instrument. 2.

In this Act, unless the context otherwise requires—
“Agency” means the Zambia Medicines and Medical Supplies
Agency established in accordance with section 3;
“appointed date” means the date appointed by the Minister
under section 1;
“associate” has the meaning assigned to the words in the
Anti-Corruption Act, 2012;
“Board” means the Board of the Agency constituted in
accordance with section 6;
“Chairperson” means the person appointed as Chairperson
of the Board in accordance with section 6
“Company” means the Medical Stores Limited existing in
accordance with the Companies Act, 2017, and existing
immediately before the appointed date;
“diagnostic Centre” means a laboratory or radiological service,
or any other related service;
Enactment
Short title
and
commence-
ment
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 9 of 2019
Date of Assent: 6th November, 2019

e;
Enactment
Short title
and
commence-
ment
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 9 of 2019
Date of Assent: 6th November, 2019

Zambia Medicines and
Medical Supplies Agency250 No. 9 of 2019]
Cap. 1
Act No. 24
of 2009
Act No.

Zambia Medicines and
Medical Supplies Agency250 No. 9 of 2019]
Cap. 1
Act No. 24
of 2009
Act No.

24
of 2009
“Director-General” means the person appointed as Director-
General of the Agency in accordance with section 14;
“emoluments” has the meaning assigned to the word in the
Constitution;
“health facility” has the meaning assigned to the words in the
Health Professions Act, 2009;
“Health Professions Council of Zambia” means the Health
Professions Council of Zambia established under the Health
Professions Act, 2009;
“hospice” has the meaning assigned to the word in the Health
Professions Act, 2009;
“hospital” has the meaning assigned to the word in the Health
Professions Act, 2009;
“legally disqualified” means the absence of legal capacity as
provided in section 4 of the Mental Health Act, 2019;
“medical supplies” means products or materials used in the
delivery of healthcare services and include pharmaceuticals,
non-pharmaceuticals, nutraceuticals, vaccines and
therapeutic antisera, medical equipment and devices,
medical appliances and materials, health technologies,
laboratory supplies and reagents, dental materials, hospital
consumables, and any other material or equipment as may
be necessary for the delivery of healthcare services in
Zambia;
“medicine” means medicine for human use, herbal medicine
for human use, a medicinal product for human use or any
substance or mixture of substances for human use intended
to be used, or manufactured for use, for its therapeutic
efficacy or for its pharmacological purpose in the diagnosis,
treatment, alleviation, modification or prevention of disease
or abnormal physical or mental state or the symptoms of
disease in a person;
“member” means the person appointed as a member of the
Board in accordance with section 6;
“public health facility” means a health facility owned or
operated by the Government;
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
Act No.

eans a health facility owned or
operated by the Government;
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
Act No.

6 of
2019
Act No. 24
of 2009
Act No. 24
of 2009

6 of
2019
Act No. 24
of 2009
Act No. 24
of 2009

Zambia Medicines and
Medical Supplies Agency [No. 9 of 2019 251
“Secretary” means the person appointed as Secretary to the
Board in accordance with section 15;
“supply chain” means a system of organisations, activities,
information, and resources involved in moving a product
or service from a supplier to a customer;
“Vice-Chairperson” means the person elected as Vice-
Chairperson of the Board in accordance with section 6;
and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011. PART II
THE ZAMBIA MEDICINES AND MEDICAL SUPPLIES AGENCY
3. (1) Despite any other written law, the Medical Stores
Limited existing in accordance the Companies Act, 2017, is
continued and is deemed to be established under this Act and
renamed as the Zambia Medicines and Medical Supplies Agency. (2) The Agency is a body corporate with perpetual succession
and a common seal, capable of suing and of 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. 4.

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. 4.

(1) The seal of the Agency shall be a device that the Agency
may determine and shall be kept by the Secretary. (2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Secretary or any
other person the Board authorises for that purpose. (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 Agency by the Secretary or any other person the
Board authorises, generally or specifically, for that purpose. (4) A document purporting to be a document under seal of the
Agency or issued on behalf of the Agency shall be received in
evidence and shall be considered to be so executed or issued, without
further proof, unless the contrary is proved. 5. The functions of the Agency are to—
(a) procure, store and distribute medicines and medical
Act No. 3
of 2012
Act No. 13
of 2011
Establishment
of Medical
Stores
Limited as
Zambia
Medicines
and Medical
Supplies
Agency
Act No. 10
of 2017
Seal of
Agency

3
of 2012
Act No. 13
of 2011
Establishment
of Medical
Stores
Limited as
Zambia
Medicines
and Medical
Supplies
Agency
Act No. 10
of 2017
Seal of
Agency

Zambia Medicines and
Medical Supplies Agency252 No.

Zambia Medicines and
Medical Supplies Agency252 No.

9 of 2019]
supplies;
(b) re-package and re-label medicines and medical supplies;
(c) develop, maintain and manage an efficient and cost-
effective system of procurement, storage and distribution
of medicines and medical supplies;
(d) ensure timely availability of medicines and medical supplies
in public health facilities;
(e) establish and maintain strict inventory management systems
and security protocols within the Agency and other
storage facilities under the control and supervision of
the Agency;
(f) facilitate the selection, forecasting, quantification and supply
planning of medicines and medical supplies for health
facilities;
(g) establish a network of storage, packaging and distribution
facilities for the provision of medicines and medical
supplies to health facilities;
(h) enter into agreements or establish frameworks with
Government and other local and international institutions
for purposes of manufacturing medicines and medical
supplies as the Board may determine;
(i) provide information and regular reports on the status and
cost-effectiveness of procurement, storage, distribution
and value of medicines and medical supplies to the
Ministry responsible for health in order to assist with
appropriate planning and decision making;
(j) cooperate and exchange information relating to medicines
and medical supplies with relevant stakeholders at
district, provincial, national and international level;
(k) establish and maintain an internal quality assurance system
for efficient operations, compliance with regulations and
quality of medicines and medical supplies;
(l) support health facilities to establish and maintain appropriate
inventory management systems for medicines and
medical supplies; and
(m) advise the Minister on policies relating to the procurement,
storage and distribution of medicines and medical
supplies.

and
medical supplies; and
(m) advise the Minister on policies relating to the procurement,
storage and distribution of medicines and medical
supplies.

6. (1) There is constituted the Board of the Agency consisting
of the following part-time members appointed by the Minister:
Functions of
Agency

6. (1) There is constituted the Board of the Agency consisting
of the following part-time members appointed by the Minister:
Functions of
Agency

Zambia Medicines and
Medical Supplies Agency [No. 53 of 2019 253
(a) a representative each of—
(i) the Attorney-General;
(ii) the Ministry responsible for health;
(iii) the Ministry responsible for finance;
(iv) the Pharmaceutical Society of Zambia;
(v) the Health Professions Council of Zambia; and
(vi) a civil society organisation concerned with matters
relating to health; and
(b) a person from the private sector with experience and
knowledge in finance or business management. (2) The members, other than the member referred to in
subsection (1) (b), shall be nominated by their respective institutions. (3) The Minister shall appoint the Chairperson from among
the members. (4) The members shall elect the Vice-Chairperson from among
themselves.

utions. (3) The Minister shall appoint the Chairperson from among
the members. (4) The members shall elect the Vice-Chairperson from among
themselves.

(5) A person shall not be nominated or appointed as a member
if that person—
(a) is an undischarged bankrupt;
(b) is legally disqualified;
(c) has been convicted of an offence involving fraud or
dishonesty;
(d) has been convicted of an offence under any written law
and sentenced to imprisonment for a period exceeding
six months without the option of a fine;
(e) has been found guilty of professional misconduct; or
(f) is an employee of the Agency. 7. (1) The Board is the governing body of the Agency. (2) Without limiting the generality of subsection (1), the
functions of the Board are to—
(a) provide strategic direction to the Agency;
(b) approve the annual budget estimates and financial
statements of the Agency;
(c) approve the annual work plan, action plans and activity
reports of the Agency;
(d) manage, control and administer the assets of the Agency
in a manner that promotes the purposes for which the
Constitution
of Board of
Agency
Functions of
Board

ontrol and administer the assets of the Agency
in a manner that promotes the purposes for which the
Constitution
of Board of
Agency
Functions of
Board

Zambia Medicines and
Medical Supplies Agency254 No. 9 of 2019]
Agency is established;
(e) provide policy guidance and direction in order to ensure
the efficient performance of the functions of the Agency;
(f) monitor and evaluate the performance of the Agency
against budgets and plans; and
(g) advise the Minister on matters relating to the procurement,
warehousing and distribution of medicines and medical
supplies, and recommend appropriate policy and
legislative interventions. 8. The Board may, by direction in writing and on the conditions
the Board considers necessary, delegate to the Director-General
any of its functions under this Act. 9. (1) Subject to the other provisions of this Act, a member
shall hold office for a period of three years and may be re-appointed
for one further period of three years. (2) A member may resign on giving one month’s notice, in
writing, to the Minister. (3) A member shall, on the expiration of the period for which
the member is appointed, continue to hold office until a successor
is appointed, but in no case shall the further period exceed four
months.

for which
the member is appointed, continue to hold office until a successor
is appointed, but in no case shall the further period exceed four
months.

(4) The office of a member becomes vacant if the member—
(a) dies;
(b) resigns;
(c) is absent, without reasonable excuse, from three
consecutive meetings of the Board of which the member
has had notice;
(d) is adjudged bankrupt;
(e) becomes legally disqualified;
(f) is found guilty of professional misconduct;
(g) is convicted of an offence under any written law and
sentenced to imprisonment for a period exceeding six
months without the option of a fine;
(h) ceases to hold the office by virtue of which the member
was appointed;
(i) ceases to be a representative or holder of an office in, or
member of, the institution which nominated the member;
Delegation
of functions
of Board
Tenure of
office and
vacancy

ive or holder of an office in, or
member of, the institution which nominated the member;
Delegation
of functions
of Board
Tenure of
office and
vacancy

Zambia Medicines and
Medical Supplies Agency [No. 9 of 2019 255
or
(j) is removed by the Minister for good cause on the following
grounds:
(i) the member acts dishonourably, improperly,
fraudulently, dishonestly or disorderly; or
(ii) the institution which the member represents
withdraws its support of the member as its
representative and informs the Minister
accordingly. (5) The Minister may, where the office of a member becomes
vacant before the expiry of that member’s term of office, appoint
another person to be a member in place of the member whose
office becomes vacant, but that other member shall hold office
only for the unexpired term of that office. 10. (1) Subject to the other provisions of this Act, the Board
may regulate its own procedure. (2) The Board shall meet for the transaction of business at
least once every three months at a place and time that the Board
may determine.

procedure. (2) The Board shall meet for the transaction of business at
least once every three months at a place and time that the Board
may determine.

(3) A meeting of the Board may be called by the Chairperson
on giving notice of not less than fourteen days, and shall be called
by the Chairperson if not less than one-third of the members so
request in writing, except that if the urgency of a particular matter
does not permit the giving of the notice, a special meeting may be
called on giving a shorter notice. (4) Four members shall constitute a quorum at a meeting of
the Board. (5) There shall preside at a meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
and
(c) in the absence of the Chairperson and the Vice-
Chairperson, such other member as the members present
may elect for the purpose of that meeting. (6) A decision of the Board on any question shall be by a
majority of the members present and voting at the meeting and, in
Proceedings
of Board

ting. (6) A decision of the Board on any question shall be by a
majority of the members present and voting at the meeting and, in
Proceedings
of Board

Zambia Medicines and
Medical Supplies Agency256 No. 9 of 2019]
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 any person, whose presence is in its
opinion desirable, to attend and to participate in the deliberations of
the meeting of the Board, but that person shall not have a vote. (8) A member who is for any reason unable to attend a meeting
of the Board may, in writing, nominate another person from the
same organisation to attend the meeting in that member’s stead
and that person shall be considered to be a member for the purpose
of that meeting. (9) The validity of any proceedings, acts or decisions of the
Board shall not be affected by any vacancy in the membership of
the Board or by any defect in the appointment of any member or
by reason that any person not entitled to do so, took part in the
proceedings. 11. (1) The Board may constitute committees that it considers
necessary and delegate to the committees such of its functions as
it considers appropriate.

(1) The Board may constitute committees that it considers
necessary and delegate to the committees such of its functions as
it considers appropriate.

(2) The Board may appoint, as members of a committee,
persons who are or are not members of the Board, except that at
least one member of a committee shall be a member of the Board. (3) A person serving as a member of a committee shall hold
office for a period that the Board may determine. (4) Subject to any specific or general direction of the Board, a
committee may regulate its own procedure. 12. The Agency shall pay to a member or a member of a
committee allowances that the Emoluments Commission may, on
the recommendation of the Minister, determine. 13. (1) A person who is present at a meeting of the Board or
a 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, disclose
that interest and shall not, unless the Board or the committee
otherwise directs, take part in any consideration or discussion of,
or vote on, any question relating to that matter. (2) A disclosure of interest made under subsection (1) shall
be recorded in the minutes of the meeting at which it is made.

n relating to that matter. (2) A disclosure of interest made under subsection (1) shall
be recorded in the minutes of the meeting at which it is made.

Committees
Allowances
Disclosure
of interest

Committees
Allowances
Disclosure
of interest

Zambia Medicines and
Medical Supplies Agency [No. 9 of 2019 257
14. (1) The Board shall appoint, through a competitive and
transparent process, a Director-General who shall be—
(a) the chief executive officer of the Agency; and
(b) responsible for the day-to-day administration of the
Agency. (2) A person qualifies for appointment as Director-General if
that person—
(a) holds a bachelor’s degree, or an equivalent qualification,
which is accredited or recognised and validated by the
Zambia Qualifications Authority;
(b) holds a postgraduate degree in business management,
public health, pharmacology, pharmacy, supply chain
management or a related field, which is accredited or
recognised and validated by the Zambia Qualifications
Authority;
(c) has at least five years’ experience working at a senior
management level;
(d) is of proven integrity; and
(e) has not been convicted of an offence involving fraud or
dishonesty. (3) The Director-General shall attend meetings of the Board
and of a committee, and may address those meetings but shall not
vote on any matter.

esty. (3) The Director-General shall attend meetings of the Board
and of a committee, and may address those meetings but shall not
vote on any matter.

(4) The Board may, whenever the Director-General is for any
reason unable to perform the functions of the Director-General,
appoint an acting Director-General to perform the functions of the
Director-General. 15. (1) The Board shall appoint a Secretary who shall perform
board secretarial functions. (2) The Agency may appoint other staff of the Agency that
the Agency considers necessary for the performance of the
functions of the Agency. 16. (1) The Emoluments Commission shall, on the
recommendation of the Board, determine the emoluments of the
Director-
General
Secretary
and other
staff

. (1) The Emoluments Commission shall, on the
recommendation of the Board, determine the emoluments of the
Director-
General
Secretary
and other
staff

Zambia Medicines and
Medical Supplies Agency258 No. 9 of 2019]
Director-General, Secretary and other staff of the Agency. (2) The Board shall determine the conditions of service, other
than emoluments, of the Director-General, Secretary and other staff
of the Agency. 17. (1) An action or other proceeding shall not lie or be
instituted against a member, a member of a committee or a member
of staff of the Agency 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 by or under this Act. (2) Despite anything to the contrary contained in any other
written law, where a judgment or court order is obtained against
the Agency, no execution, attachment or process of any nature
shall be issued against the Agency or against any property of the
Agency, but the Minister or the Director-General shall cause to be
paid out of the Consolidated Fund or revenue of the Agency such
amounts of moneys as may, by judgment or court order, be awarded
against the Agency to the person entitled to the money. PART III
THE MEDICINES AND MEDICAL SUPPLIES FUND
18.

y, by judgment or court order, be awarded
against the Agency to the person entitled to the money. PART III
THE MEDICINES AND MEDICAL SUPPLIES FUND
18.

(1) There is established the Medicines and Medical
Supplies Fund to support the procurement of medicines and medical
supplies for public health facilities. (2) Subject to the Public Finance Management Act, 2018 and
without limiting the generality of subsection (1), the Fund shall be
administered by the Minister responsible for health and applied for
the purposes of—
(a) ensuring availability of medicines and medical supplies in
public health facilities;
(b) procuring and distributing medicines and medical supplies
for emergency purposes for public health facilities; and
(c) for such other purposes as the Board may determine. (3) The Fund consists of—
(a) monies that Parliament may appropriate for the purposes
of the Fund;
(b) monies received by the Fund from donations and grants
from any source, with the approval of the Minister; and
(c) other monies that may vest in, or accrue to, the Fund from
the National Health Insurance Scheme or any other
Emoluments
and other
conditions
of service of
Director-
General,
Secretary
and other
staff
Immunity
Establishment
of the
Medicines
and Medical
Supplies
Fund
Act No. 1
2018

conditions
of service of
Director-
General,
Secretary
and other
staff
Immunity
Establishment
of the
Medicines
and Medical
Supplies
Fund
Act No. 1
2018

Zambia Medicines and
Medical Supplies Agency [No. 9 of 2019 259
source. 19. The Minister may, by statutory instrument, on the
recommendation of the Agency, make regulations to provide for—
(a) the manner of financing programmes and activities to which
the Fund shall be applied;
(b) fiscal controls and accounting procedures governing the
Fund;
(c) reporting procedures for matters relating to the Fund;
(d) investment of the monies of the Fund; and
(e) any other matter necessary for the efficient operation,
administration and management of the Fund. 20. (1) The Agency shall cause to be kept proper books of
accounts and other records relating to the accounts of the Fund. (2) TheAuditor-General or an auditor appointed by theAuditor-
General shall audit the Fund annually. (3) The fees for the audit of the Fund shall be paid from the
Fund. 21. (1) The Ministry responsible for health shall, as soon as is
practicable, but not later than ninety days after the end of a financial
year, submit to the Minister responsible for finance, a report
concerning the activities relating to the Fund during that financial
year.

a financial
year, submit to the Minister responsible for finance, a report
concerning the activities relating to the Fund during that financial
year.

(2) The report referred to in subsection (1) shall include
information on the financial affairs of the Fund and there shall be
appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income; and
(c) such other information as the Minister responsible for
finance may require. (3) The Minister responsible for finance shall, not later than
seven days after the sitting of the National Assembly next after
receipt of the report referred to in subsection (1), lay the report
before the National Assembly. PART IV
FINANCIAL PROVISIONS
Administra-
tion of Fund
Accounts
and audit of
Fund
Annual
report of
Fund

), lay the report
before the National Assembly. PART IV
FINANCIAL PROVISIONS
Administra-
tion of Fund
Accounts
and audit of
Fund
Annual
report of
Fund

Zambia Medicines and
Medical Supplies Agency260 No. 9 of 2019]
22. (1) The funds of the Agency consist of monies that may—
(a) be appropriated to the Agency by Parliament for the
purposes of the Agency;
(b) be paid to the Agency by way of fees, grants or donations;
or
(c) otherwise vest in, or accrue to, the Agency. (2) The Agency may, subject to the approval of the Minister—
(a) accept monies by way of grants or donations from any
source within or outside Zambia;
(b) raise by way of loans or otherwise, monies that the Agency
may require for the performance of its functions; and
(c) charge and collect fees in respect of—
(i) programmes, seminars, publications, consultancy
and other services provided by the Agency; and
(ii) procurement services, storage and distribution of
medicines and medical supplies.

ons, consultancy
and other services provided by the Agency; and
(ii) procurement services, storage and distribution of
medicines and medical supplies.

(3) The Agency shall pay from the funds of the Agency—
(a) emoluments of members of staff of the Agency;
(b) reasonable travelling and other allowances for the
members and members of a committee when engaged
in the business of the Agency at rates that the
Emoluments Commission may, on the recommendation
of the Minister, determine; and
(c) any other expenses incurred by the Agency in the
performance of its functions. (4) The Agency may, subject to the approval of the Minister,
invest, in a manner that the Agency considers appropriate, funds of
the Agency that the Agency does not immediately require for the
performance of the Agency’s functions. 23. The financial year of the Agency shall be a period of twelve
months ending on 31st December of each year. 24. (1) The Agency shall cause to be kept proper books of
account and other records relating to its accounts. (2) TheAuditor-General or an auditor appointed by theAuditor-
General shall audit the accounts of the Agency annually. (3) The Agency shall pay the fees for an audit of the Agency’s
accounts. Funds of
Agency
Accounts
and audit of
Agency
Financial
year

Agency annually. (3) The Agency shall pay the fees for an audit of the Agency’s
accounts. Funds of
Agency
Accounts
and audit of
Agency
Financial
year

25. (1) The Agency shall, as soon as is practicable but not
later than ninety days after the end of a financial year, submit to
the Minister a report concerning the Agency’s activities during that
financial year. (2) The report referred to in subsection (1) shall include
information on the financial affairs of the Agency and there shall
be appended to that report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income; and
(c) such other information as 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. PART V
GENERAL PROVISIONS
26. (1) A person shall not, without the consent in writing given
by or on behalf of the Agency, otherwise than in the course of
duties of that person, publish or disclose to any other person, the
contents of any document, communication or information, which
relates to, or which has come to the knowledge of that person in
the course of that person’s duties under this Act.

ommunication 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. 27. The Minister may, by statutory instrument, make regulations
that are—
(a) required to be made by this Act; or
(b) necessary for the better carrying out of the provisions of
this Act. 28. The Schedule applies to matters specified in the Schedule. SCHEDULE
Zambia Medicines and
Medical Supplies Agency [No. 9 of 2019 261
Annual
report of
Agency
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Regulations
Savings and
transitional
provisions

nnual
report of
Agency
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Regulations
Savings and
transitional
provisions

(Section 28)
SAVINGS AND TRANSITIONAL PROVISIONS
1. (1) The Company shall be deemed to be established as an
Agency in accordance with section 3 on the appointed date. (2) Subject to subparagraph (3), the Corporate Insolvency Act,
2017, and the Companies Act, 2017, do not apply to the conversion. (3) Despite subparagraph (2), the Agency shall, as soon as
practicable after the conversion, notify the Registrar appointed in
accordance with the Patents and Companies Registration Agency
Act, 2010, of the conversion and the Registrar shall remove the
Company from the register of companies kept and maintained at
the Patents and Companies Registration Agency. (4) For the purposes of this paragraph “conversion” means
the establishment of the Company as the Agency in accordance
with this Act and the resolution of the Company. 2. (1) On conversion, employees of the Company shall be paid
their terminal benefits. (2) On or after the appointed date, the Minister may, by
statutory instrument, approve arrangements under which employees
of the Company shall be re-engaged by the Agency.

ppointed date, the Minister may, by
statutory instrument, approve arrangements under which employees
of the Company shall be re-engaged by the Agency.

(3) Where a person is re-engaged in accordance with the
arrangements made under subsection (2), the terms and conditions
of service of that person with the Agency shall be no less favourable
than those applicable while in the Company. 3. (1) On or after the appointed date, there shall be transferred
to, vest in and subsist against the Agency by virtue of this Act and
without further assurance, the assets, rights, liabilities and obligations
which immediately before the appointed date were the assets, rights,
liabilities and obligations of the Company. (2) Subject to subparagraph (1), every deed, bond or agreement,
other than an agreement for personal service, to which the Company
was a party immediately before the appointed date 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 Agency had been party to it;
(b) for any reference to the Company there were substituted,
Zambia Medicines and
Medical Supplies Agency262 No. 9 of 2019]
Effective
date of
establishment
of Agency
Act No.

o the Company there were substituted,
Zambia Medicines and
Medical Supplies Agency262 No. 9 of 2019]
Effective
date of
establishment
of Agency
Act No.

9
of 2017
Act No. 10
of 2017
Act No. 15
of 2010
Transfer of
staff
Transfer of
assets and
liabilities

9
of 2017
Act No. 10
of 2017
Act No. 15
of 2010
Transfer of
staff
Transfer of
assets and
liabilities

with respect to anything required to be done on or after
the appointed date, a reference to the Agency; or
(c) for any reference to a member of staff of the Company,
not being a party to it and beneficially interested, there
were substituted, with respect to anything required to
be done on or after the appointed date, a reference to
such member of staff of the Agency as the Agency
shall designate. (3) Where under this Act, any assets, rights, liabilities and
obligations of the Company are considered to be transferred to the
Agency in respect of which transfer a written law provides for
registration, the Agency shall make an application, in writing to the
appropriate registration authority for registration of the transfer.

rovides for
registration, the Agency shall make an application, in writing to the
appropriate registration authority for registration of the transfer.

(4) The registration authority referred to in subparagraph (1)
shall make such entries in the appropriate register as 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 registration
fees or other duties shall not be payable in respect of the transaction. 4. (1) Any legal proceedings or application of the company
pending immediately before the appointed date by or against the
Company may be continued by or against the Agency. (2) After the appointed date, proceedings in respect of any
rights, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the Company may be instituted by or against
the Agency. Zambia Medicines and
Medical Supplies Agency [No. 9 of 2019 263
Legal
proceedings

264