Zambia Academy of Sciences Act, 2020

Zambia Academy of Sciences [No. 18 of 2020 293
THE ZAMBIA ACADEMY OF SCIENCES ACT, 2020
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title
2. Interpretation
PART II
ZAMBIA ACADEMY OF SCIENCES
3. Establishment of the Zambia Academy of Sciences
4. Seal of Academy
5. Functions of Academy
PART III
ADMINISTRATION
6. General Assembly
7. Functions of General Assembly
8. Academy constitution
9. Governing Council
10. Functions of Governing Council
11. Proceedings of Governing Council
12. Executive-Director and other staff
13. Allowances
14. Disclosure of interest
15. Prohibition of publication or disclosure of information to unauthorised
persons
PART IV
FINANCIAL PROVISIONS
16. Funds of Academy
17. Financial year
18. Accounts
19. Annual report and audited accounts
PART V
GENERAL PROVISIONS
20. Regulations
21. Savings and transitional provisions
SCHEDULE
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Prices K24.00 each.

and transitional provisions
SCHEDULE
Copies of this Act can be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Prices K24.00 each.

Zambia Academy of Sciences [No. 18 of 2020 295
An Act to provide for the promotion of technological
discovery and innovation; establish the Zambia Academy
of Sciences and provide for its functions; provide for the
investigation of matters of public interest relating to
science and technology;provide for the promotion of
research and its utilisation in the development of science
and technology; and provide for matters connected with,
or incidental to, the foregoing. [18th December, 2020
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Zambia Academy of Sciences
Act, 2020. 2.

mber, 2020
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Zambia Academy of Sciences
Act, 2020. 2.

In this Act, unless the context otherwise requires—
“ Academy ” means the Zambia Academy of Sciences
established under section 3;
“ associate ” has the meaning assigned to the word in the
Anti-Corruption Act, 2012;
“ constitution ” means the constitution of the Academy
adopted in accordance with section 8;
“ Executive Director ” means a person appointed as Executive
Director under section 12;
“ General Assembly ” means the highest policy making
authority of the Academy which comprises members of
the Academy as specified under section 6;
“ Governing Council ” means a body comprising non-executive
Board of Directors of the Academy established under
section 9;
Enactment
Short title
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 18 of 2020
Date of Assent: 18th December, 2020

ed under
section 9;
Enactment
Short title
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 18 of 2020
Date of Assent: 18th December, 2020

“ member ” means a member of the Academy;
“ President ” means a person elected as President of the
Academy in accordance with the constitution;
“ relative ” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“ science ” includes natural sciences, applied sciences,
technology, engineering, mathematics and social sciences;
“ statutory corporation ” has the meaning assigned to the
word in the Interpretation and General Provisions Act;
“Treasurer ” means a person elected as Treasurer of the
Academy in accordance with the constitution;
“ Vice-President ” means a person elected as Vice-President
of the Academy in accordance with the constitution; and
“ young academy ” means an organisation of young scientists,
affiliated to the Academy working for the advancement of
science, technology and innovation. PART II
ZAMBIA ACADEMY OF SCIENCES
3. (1) The Zambia Academy of Sciences registered under the
Societies Act, is continued as if established under this Act.

II
ZAMBIA ACADEMY OF SCIENCES
3. (1) The Zambia Academy of Sciences registered under the
Societies Act, is continued as if established under this Act.

(2) The Academy 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 this Act, to do
acts and things that a body corporate may, by law, do or perform. 4. (1) The seal of the Academy shall be a device that may be
determined by the Academy and shall be kept by the Executive
Director. (2) The affixing of the seal shall be authenticated by the
Executive Director and in the absence of the Executive Director,
any other person authorised in that behalf by the resolution of the
Governing Council. (3) A contract or instrument which, if entered in to 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 Academy by the Executive Director or any other
person authorised, generally or specifically for that purpose. Act No. 3 of
2012
Cap. 2
Establishment
of the
Zambia
Academy of
Sciences
Cap. 119
Seal of
Academy
296 No. 18 of 2020] Zambia Academy of Sciences

pose. Act No. 3 of
2012
Cap. 2
Establishment
of the
Zambia
Academy of
Sciences
Cap. 119
Seal of
Academy
296 No. 18 of 2020] Zambia Academy of Sciences

(4) A document purporting to be a document under the seal of
the Academy or issued on behalf of the Academy shall be received
in evidence and shall be considered to be so executed or issued,
without further proof, unless the contrary is proved. 5.

he Academy shall be received
in evidence and shall be considered to be so executed or issued,
without further proof, unless the contrary is proved. 5.

(1) The functions of the Academy are to—
(a) investigate, examine and report matters of public interest
concerning science and technology on its own initiative
or at the request of government, its agencies and the
private sector;
(b) provide independent advice in the development,
promotion and utilisation of science, technology,
engineering and mathematics;
(c) provide financial and technical support for research and
innovation in collaboration with national, regional and
international organisations;
(d) establish and strengthen cooperation with national,
regional and international institutions that promote
science, technology, engineering and mathematics;
(e) provide support for programmes aimed at improving
curricula and the teaching of science, technology,
engineering, and mathematics at all levels of the
education system;
(f) provide support in the establishment and operation of
specialised discipline-based science academies and
young academies of sciences;
(g) undertake the publication and dissemination of scientific
and technological achievements in collaboration with the
National Science and Technology Council and other
organisations that promote science, technology,
engineering and mathematics;
(h) recognise and honour distinguished scholars such as
scientists, mathematicians, engineers and technologists;
(i) promote the use of science and technology in achieving
sustainable development;
(j) promote the recognition of the intellectual property rights
of scientific discoveries and innovation in accordance
with relevant written laws; and
(k) promote interdisciplinary research on national matters
relating to science and technology.

nnovation in accordance
with relevant written laws; and
(k) promote interdisciplinary research on national matters
relating to science and technology.

(2) The Academy shall, in the exercise of its functions under
this Act, collaborate with an existing statutory corporation whose
functions relate to the development of science, technology,
engineering and mathematics. Functions of
Academy
Zambia Academy of Sciences [No. 18 of 2020 297

ons relate to the development of science, technology,
engineering and mathematics. Functions of
Academy
Zambia Academy of Sciences [No. 18 of 2020 297

PART III
ADMINISTRATION
6. The General Assembly shall comprise of the members
specified in the constitution. 7. The functions of the General Assembly are to—
(a) determine the general policies of the Academy;
(b) establish standing committees of the Academy;
(c) elect the Governing Council of the Academy;
(d) appoint an auditor and approve the audited accounts;
(e) approve human resources and financial management
regulations and rules;
(f) approve the Academy’s annual budgets; and
(g) consider any other matter that the academy considers
necessary. (2) The quorum of the General Assembly shall be fifty
percent of the members. (3) The General Assembly shall meet for business annually
at a time and place that the General Assembly may determine. 8. (1) The Academy shall, by a vote of at least two-thirds
of the members voting at a general meeting of theAcademy,
adopt a constitution of the Academy and may, in like manner,
amend it. (2) The constitution under subsection (1) shall, subject to
the other provisions of this Act, regulate the conduct of the
affairs of the Academy.

it. (2) The constitution under subsection (1) shall, subject to
the other provisions of this Act, regulate the conduct of the
affairs of the Academy.

(3) Subject to subsection (2), the constitution shall provide
for the following matters:
(a) criteria for membership;
(b) the categories of membership and their rights,
privileges and obligations;
(c) determine different fees for different categories of
membership;
(d) the election, qualifications and tenure of the
President,Vice-President and any other elective
office;
(e) the composition, functions, powers and procedures
of the committees of the Academy; and
(f) the meetings of the Academy and its committees,
including the delivery and sufficiency of notices of
the meetings, the quorum,voting, adjournments and
other matters of procedure or conduct of the
meetings. Academy
constitution
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General
Assembly
Functions of
General
Assembly

ocedure or conduct of the
meetings. Academy
constitution
298 No. 18 of 2020] Zambia Academy of Sciences
General
Assembly
Functions of
General
Assembly

9. There is constituted the Governing Council of the Academy
for the proper management of the affairs of the Academy. (2) The Governing Council consists of the following
members:
(a) President, as Chairperson;
(b) Vice-President, as Vice-Chairperson;
(c) Secretary-General;
(d) Treasurer; and
(e) five committee members elected by the members at
the annual general meeting. 10. (1) The functions of the Governing Council are to—
(a) perform general administration and management of the
Academy;
(b) ensure that the objectives of the Academy are achieved;
and
(c) perform any other functions provided by this Act and
the constitution. (2) The Governing Council may constitute an ad hoc
committee for the purpose of performing its functions under this
Act. (3) Subject to any specific or general direction of the Governing
Council, an ad hoc committee under subsection (1), may regulate
its own procedure. 11. (1) Subject to this Act, the Governing Council may regulate
its own procedure. (2) The Governing Council shall meet for the transaction of
business at least once every three months at a place and time that
the Governing Council may determine.

ning Council shall meet for the transaction of
business at least once every three months at a place and time that
the Governing Council may determine.

(3) The Chairperson shall call for a meeting of the Governing
Council on giving notice of not less than seven days, if not less than
one-third of the members of the Governing Council so request in
writing, except that if the urgency of a particular matter does not
permit the giving of any notice, a special meeting may be called on
giving a shorter notice. (4) Five members of the Governing Council constitute a
quorum. (5) There shall preside at a meeting of the Governing Council—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-
Chairperson;or
Functions of
Governing
Council
Proceedings
of
Governing
Council
Zambia Academy of Sciences [No. 18 of 2020 299
Governing
Council

Vice-
Chairperson;or
Functions of
Governing
Council
Proceedings
of
Governing
Council
Zambia Academy of Sciences [No. 18 of 2020 299
Governing
Council

(c) in the absence of the Chairperson and the Vice-
Chairperson, a member of the Governing Council that
the members present may elect from among themselves
for the purpose of that meeting. (6) A decision of the Governing Council on any question
shall be by a majority of the members present and voting at the
meeting and, in the event of an equality of votes, the person
presiding at the meeting shall have, in addition to the deliberative
vote, a casting vote. (7) The Governing Council may invite any person whose
presence, in its opinion, is desirable to attend and participate in
the deliberations of a meeting of the Governing Council, but
that person shall have no vote. (8) The Governing Council shall cause to be kept minutes
of the proceedings of every meeting of the Governing Council. 12. (1) The Governing Council shall appoint an Executive
Director on terms and conditions that the Governing Council
may determine. (2) The Executive Director shall be the chief executive
officer of the Academy and responsible, under the direction of
the Governing Council, for the day-to-day administration of the
Academy.

hief executive
officer of the Academy and responsible, under the direction of
the Governing Council, for the day-to-day administration of the
Academy.

(3) The Executive Director shall attend meetings of the
Governing Council and may address those meetings but shall
not vote on any matter before the Governing Council. (4) The Executive Director shall be assisted by other staff
that theAcademy may appoint on terms and conditions that the
Governing Council may determine, necessary for the
performance of the Academy’s functions under this Act. 13. A member of the Governing Council or committee shall
be paid an allowance that the Governing Council may determine. 14. (1) If any person is present at a meeting of the
Governing Council, or Committee, at which any matter, in which
that person or any member of the person’s relative or associate
is directly or indirectly interested in a private capacity, is the
subject of consideration, that person shall, as soon as practicable
after the commencement of the meeting, disclose that interest
and shall not,unless the Governing Council or 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.

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.

Executive
Director and
other staff
Allowances
Disclosure of
interest
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Executive
Director and
other staff
Allowances
Disclosure of
interest
300 No. 18 of 2020] Zambia Academy of Sciences

15. (1) A person shall not,without the consent in writing given
by or on behalf of the Governing Council, publish or disclose to
any person otherwise than in the course of that person’s duties,
the contents of any document, communication or information
which relates to, and which has come to that person’s knowledge
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 the knowledge
of that person has been published or disclosed in contravention of
subsection (1), unlawfully publishes or communicates the
information to any other 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. PART IV
FINANCIAL PROVISIONS
16. (1) The funds of the Academy consist of monies that
may—
(a) be paid to the Academy by way of fees, grants or
donations; and
(b) otherwise vest in, or accrue to, the Academy.

demy consist of monies that
may—
(a) be paid to the Academy by way of fees, grants or
donations; and
(b) otherwise vest in, or accrue to, the Academy.

(2) The Academy may, subject to the approval of the
Minister—
(a) accept monies by way of grants or donations from any
source in the Republic and, subject to the approval of
the Minister responsible for finance from any source
outside the Republic;
(b) raise by way of loans or otherwise, monies that
Academy may require for performance of its functions;
and
(c) charge and collect fees in respect of programmes,
workshops and seminars conducted by the Academy. (3) There shall be paid from the funds of theAcademy—
(a) the salaries, allowances and loans of the staff of the
Academy;
(b) reasonable travelling and other allowances for members
of the Governing Council or any committee when
engaged on the business of the Academy at rates that
the General Assembly may, determine; and
(c) any other expenses incurred by the Academy in the
performance of its functions. Funds of
Academy
Zambia Academy of Sciences [No 18 of 2020 301
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons

ctions. Funds of
Academy
Zambia Academy of Sciences [No 18 of 2020 301
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons

(4) The Academy may invest in a manner that it considers
appropriate its funds that it does not immediately require for the
performance of its functions. 17. The financial year of the Academy shall be the period
of twelve months ending on the 31st December, in each year. 18. (1) The Academy shall cause to be kept proper
books of account and other records relating to its accounts. (2) The accounts of the Academy shall be audited annually
by an auditor appointed by the Governing Council. 19. (1) As soon as is practicable, but not later than six
months after the expiry of each financial year, the Governing
Council shall submit to the General Assembly and the Minister
a report concerning its activities during that financial year. (2) The report under subsection (1) shall include information
on the financial affairs of the Academy and there shall be
appended to the report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) any other information that may be required.

statement of financial position;
(b) an audited statement of comprehensive income and
expenditure; and
(c) any other information that may be required.

(3) The Minister shall not later than seven days after the
first siting 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
20. The Minister may, in consultation with the Governing
Council, by statutory instrument, make regulations for the better
carrying out of the provisions of this Act. 21. The Schedule applies to savings and transitional
arrangements relating to the Academy. Financial
year
Accounts
Regulations
Savings and
transitional
provisions
302 No. 18 of 2020] Zambia Academy of Sciences
Annual
report and
audited
accounts

ancial
year
Accounts
Regulations
Savings and
transitional
provisions
302 No. 18 of 2020] Zambia Academy of Sciences
Annual
report and
audited
accounts

SCHEDULE
(Section 21)
SAVINGS AND TRANSITIONAL PROVISIONS
1. In this Schedule “former Academy” means the Zambia
Academy of Sciences registered under the Societies Act. 2. (1) A person who, before the commencement of this Act,
was an employee of the former Academy shall continue to be an
employee of the Academy as if employed under this Act. (2) The service of a person under 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 Academy before the
commencement of this Act. 3. (1) On or after the commencement of this Act,committees
and officers of the former Academy operating or holding office
immediately before the commencement of this Act, shall operate
and hold office as the Governing Council, committees and officers
of the Academy for a period of six months as if they had been
elected or appointed under this Act. (2) The Academy shall, six months after the commencement
of this Act, hold elections for its Academy, Governing Council,
committees and other office bearers.

Academy shall, six months after the commencement
of this Act, hold elections for its Academy, Governing Council,
committees and other office bearers.

(3) The rules of the former Academy in force immediately
before the commencement of this Act shall remain in force as if
they have been made and issued by the Academy until a time that
new rules are made. (4) A representative appointed by the former Academy to
serve on any Committee or other body shall be deemed to be a
representative appointed by the Academy under this Act. 4. (1) On or after the commencement of this Act, there shall
be transferred to, vest in and subsist against the Academy by virtue
of this Act and without further assurance, all assets, rights and
obligations which immediately before the date were the assets,
rights, liabilities and obligations of the former Academy. (2) Subject to subparagraph(1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the former Academy 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—
Interpretation
Cap.

ct
matter or terms make it impossible that it should have effect as
modified, as provided under this paragraph, have effect as if—
Interpretation
Cap.

119
Transfer of
staff of
former
Academy
Office
bearers
Transfer of
assets and
liabilities
Zambia Academy of Sciences [No. 18 of 2020 303

119
Transfer of
staff of
former
Academy
Office
bearers
Transfer of
assets and
liabilities
Zambia Academy of Sciences [No. 18 of 2020 303

(a) the Academy, had been party to it;
(b) for any reference to the former Academy there was
substituted, with respect to anything falling to be done
on or after the appointed date, a reference to the
Academy; or
(c) for any reference to any officer of the former Academy
not being a party to it and beneficially interested, there
were substituted, as respects anything falling to be done
on or after the appointed date, a reference to an officer
of the Academy, that the Academy shall designate. (3) Where under this Act, any assets, rights, liabilities and
obligations of the former Academy, are deemed to be transferred
to the Academy, in respect of which transfer a written law provides
for registration, the Academy shall make an application in writing
to the appropriate registration authority for registration of the
transfer.

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

(4) The registration authority, under subparagraph (3), shall
make entries in the appropriate register that shall give effect to the
transfer and, where applicable, issue to the transferee concerned a
certificate of title in respect of the property or make necessary
amendments to the register and shall endorse the deeds relating to
the title, right or obligation concerned and no registration fees or
other duties shall be payable in respect of the transaction. 5. (1) Any legal proceedings pending immediately before the
date of commencement of this Act by or against the former
Academy, may be continued by or against the Academy. (2) After the commencement of this Act, proceedings in
respect of any right, liability or obligation which was vested in,
held, enjoyed, incurred or suffered by the former Academy, may
be instituted by or against the Academy. Legal
proceedings
304 No. 18 of 2020] Zambia Academy of Sciences