War Graves and Memorials Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE WAR GRAVES AND MEMORIALS ACT
CHAPTER 179 OF THE LAWS OF ZAMBIA
CHAPTER 179 THE WAR GRAVES AND MEMORIAL ACT
THE WAR GRAVES AND MEMORIAL ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. War cemeteries and war graves
4. War memorials
5. Rights and powers of Commission
6. Offences and penalties
7. Vesting of scheduled memorials in the President
8. Saving
SCHEDULE -War memorials
CHAPTER 179

ts and powers of Commission
6. Offences and penalties
7. Vesting of scheduled memorials in the President
8. Saving
SCHEDULE -War memorials
CHAPTER 179

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WAR GRAVES AND MEMORIALS
An Act to make provision for vesting the control of war graves, war cemeteries and
war memorials in the Commonwealth War Graves Commission; to vest the
ownership of the memorials in the Schedule; and to provide for connected
matters. [14th April, 1967]
28 of 1967
13 of 1994
1. This Act may be cited as the War Graves and Memorials Act. Short title
2.

o provide for connected
matters. [14th April, 1967]
28 of 1967
13 of 1994
1. This Act may be cited as the War Graves and Memorials Act. Short title
2.

In this Act, unless the context otherwise requires- Interpretation
"Commission" means the Commonwealth War Graves Commission;
"Commonwealth Force" means a military, naval or air force raised in any country or
territory which, during the whole or any part of the war periods, formed part
of the Britannic dominions;
"died" means died from wounds inflicted, accident occurring or disease contracted
while on active service;
"war cemetery" means a piece of land which is declared under this Act to be a war
cemetery;
"war grave" means a grave which is declared under this Act to be a war grave;
"war memorial" means a memorial which is declared by or under this Act to be a
war memorial;
"war periods" means-
(a) the period extending from the 4th August, 1914, until the 31st August, 1921;
and
(b) the period extending from the 3rd September, 1939, until the 31st
December, 1947. 3. (1) The President may, by statutory order, declare- War cemeteries and
war graves
(a) to be a war cemetery any piece of land in which is buried or is proposed to
be buried the remains of officers or men of a Commonwealth Force who
died during the war periods;

y piece of land in which is buried or is proposed to
be buried the remains of officers or men of a Commonwealth Force who
died during the war periods;

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(b) to be a war grave any piece of land, not being part of a war cemetery, in
which is buried the remains of any officer or man of a Commonwealth Force
who died during the war periods. (2) Whenever the President is satisfied that any human remains buried in a war
grave have been removed therefrom in accordance with the provisions of this Act, he may,
by statutory order, revoke the declaration made under subsection (1) relating to that
grave. 4. (1) The memorials together with the land adjacent thereto described in the
Schedule, formerly known as the Northern Rhodesia War Memorial and the Northern
Rhodesia Police War Memorial, are hereby declared to be war memorials. War memorials
(2) The President may, by statutory order, declare any other memorial, together with
the land adjacent thereto, erected in memory of officers or men of a Commonwealth Force
who died during the war periods to be a war memorial. 5.

with
the land adjacent thereto, erected in memory of officers or men of a Commonwealth Force
who died during the war periods to be a war memorial. 5.

(1) Subject to the provisions of this Act and notwithstanding anything contained
in any other written law, the control of any war cemetery, war grave or war memorial shall
be vested in the Commission to the exclusion of any other person or authority. Rights and powers of
Commission
(2) For the fulfilment in Zambia of the purposes of the Commission under the
charters providing for the establishment and operation of the Commission, the
Commission shall have power-
(a) to maintain in proper order, to beautify and to enclose any war cemetery,
war grave or war memorial;
(b) to erect in any war cemetery or on any war grave such gravestones, tablets
and monuments as it may think fit. (3) Notwithstanding anything contained in Part XIII of the Public Health Act, where
the Commission is satisfied that, by reason of its situation or for any other reason, a war
grave cannot be properly maintained in its existing position, the Commission may, with the
consent of the President and subject to such conditions as he may impose, exhume the
remains from the grave and remove them for reinterment in a proper manner in such other
grave or cemetery as may be approved by the President for the purpose.

from the grave and remove them for reinterment in a proper manner in such other
grave or cemetery as may be approved by the President for the purpose.

Cap 295
(4) The President shall not consent to the exhumation and removal of any remains
from a war grave under the powers conferred by subsection (3) unless he is satisfied
either-
(a) that the exhumation and removal accords with the wishes of the legal
personal representative or next of kin of the person whose remains are
proposed to be removed; or

ion and removal accords with the wishes of the legal
personal representative or next of kin of the person whose remains are
proposed to be removed; or

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(b) that the Commission after having made such reasonable inquiry as may be
practicable, has been unable to communicate with the legal personal
representative or next of kin of the person whose remains are proposed to
be removed and has no reason to believe that such representative or next
of kin objects to the removal. 6. (1) Any person who- Offences and
penalties
(a) buries any human remains in a war cemetery or war grave; or
(b) wilfully destroys, injures, defiles, disfigures or defaces any war memorial or
any building, wall, fence, gate, tree, plant, monument, tablet, inscription or
gravestone in or around a war cemetery, war grave or war memorial; or
(c) disturbs the soil of any grave or war cemetery; or
(d) obstructs the Commission or any servant or agent of the Commission in the
exercise of its rights under this Act;
shall be guilty of an offence and liable, on conviction, to a fine not exceeding one
thousand five hundred penalty units or to imprisonment for a period not exceeding six
months, or to both.

, on conviction, to a fine not exceeding one
thousand five hundred penalty units or to imprisonment for a period not exceeding six
months, or to both.

(2) The provisions of subsection (1) shall not apply in relation to anything done by or
on the authority of the Commission under the powers conferred upon the Commission by
this Act. (As amended by Act No. 13 of 1994)
7. (1) The Zambia War Memorial together with the land adjacent thereto described
in the Schedule is hereby vested in the President to the intent that the said memorial shall
be and remain as a permanent memorial to those residents of the former Protectorate of
Northern Rhodesia now known as the Republic of Zambia who died during the war
periods. Vesting of scheduled
memorials in the
President
(2) The Zambia Police War Memorial together with the land adjacent thereto
described in the Schedule is hereby vested in the President to the intent that the said
memorial shall be and remain as a permanent memorial to those members of the
Northern Rhodesia Police now known as the Zambia Police Force who died during the war
periods.

remain as a permanent memorial to those members of the
Northern Rhodesia Police now known as the Zambia Police Force who died during the war
periods.

(3) Notwithstanding anything contained in the Lands and Deeds Registry Act, the
Registrar shall, without any application being made to him in that behalf, register the
transfer effected by this section and for that purpose shall make such entries in the
registers kept by him as are necessary. Cap. 185

f, register the
transfer effected by this section and for that purpose shall make such entries in the
registers kept by him as are necessary. Cap. 185

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(4) In this section, "the Registrar" means the Registrar appointed to the Registry of
Deeds in Lusaka under the Lands and Deeds Registry Act. Cap. 185
8. Nothing in this Act shall affect the right of the owner of any grave in a war
cemetery, not being a grave in which is buried the remains of any officer or man of a
Commonwealth Force who died during the war periods, to have access to and maintain
such grave, or confer on the Commission any right to interfere with any such grave or with
any gravestone, tablet or monument thereon. Saving
SCHEDULE
(Section 4)
WAR MEMORIALS
1. The Zambia War Memorial: The Memorial erected in the vicinity of the Victoria Falls together
with the land set aside by the British South Africa Company for the purpose, being Plot No. 266,
Livingstone (Suburban) on a portion of which the Memorial has been erected, the boundaries whereof
are shown on a certain diagram dated the 18th July, 1923, signed by the Director of Surveys and
deposited in the Survey office of the Government. 2.

f
are shown on a certain diagram dated the 18th July, 1923, signed by the Director of Surveys and
deposited in the Survey office of the Government. 2.

The Zambia Police War Memorial: The Memorial erected at Livingstone together with the land
set aside by the British South Africa Company for the purpose, being Plot No. 265, Livingstone
(Suburban) on a portion of which the Memorial has been erected, the boundaries whereof are shown
on a certain diagram dated the 18th July, 1923, signed by the Director of Surveys and deposited in
the Survey office of the Government. SUBSIDIARY LEGISLATION
WAR GRAVES AND MEMORIALS CAP. 179
SECTION 3-THE W AR CEMETERY (DECLARATION) O RDER
Order by the President
Statutory Instrument
387 of 1969
1. This Order may be cited as the War Cemetery (Declaration) Order. Title
2. The piece of land described in the Schedule is hereby declared a war cemetery. Declaration of war
cemetery
SCHEDULE
(Paragraph 2)

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WAR CEMETERY
Subdivision B of Stand No. 578, Ndola.