Zambia Law Development Commission Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE ZAMBIA LAW DEVELOPMENT COMMISSION ACT
CHAPTER 32 OF THE LAWS OF ZAMBIA
CHAPTER 32 THE ZAMBIA LAW DEVELOPMENT COMMISSION ACT
THE ZAMBIA LAW DEVELOPMENT COMMISSION ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
T HE Z AMBIA LAW DEVELOPMENT COMMISSION
3. Establishment of the Zambia Law Development Commission
4. Functions of Commission
5. Composition of Commission
6. Tenure of office
7. Seal of Commission
8. Filling of casual vacancy
9. Proceedings of Commission
10. Committees
11. Disclosure of interest

mmission
6. Tenure of office
7. Seal of Commission
8. Filling of casual vacancy
9. Proceedings of Commission
10. Committees
11. Disclosure of interest

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PART III
DIRECTOR OF THE COMMISSION
12. Director and Deputy Director
13. Secretary, Research fellows and other staff
14. Prohibition of disclosure of information
PART IV
F INANCIAL PROVISIONS
15. Funds of Commission
16. Financial year
17. Accounts
18. Annual report
PART V
M ISCELLANEOUS
Section
19. Savings and transitional provisions
20. Transfer of staff
21. Regulations
CHAPTER 32
ZAMBIA LAW DEVELOPMENT COMMISSION Act No.
11 of 1996
38 of 1996
An Act to establish the Zambia Law Development Commission; to define the
functions of the Zambia Law Development Commission; to repeal and replace
the Law Development Commission and Institute for Legislative Drafting Act
and to provide for matters connected with or incidental to the foregoing.
[1st April, 1996]

ment Commission and Institute for Legislative Drafting Act
and to provide for matters connected with or incidental to the foregoing.
[1st April, 1996]

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PART I
PRELIMINARY
1. This Act may be cited as the Zambia Law Development Commission Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"Commission" means the Zambia Law Development Commission established
under section three;
"Commissioner" means the person appointed as Commissioner under section five;
"Chairperson" means the person appointed as Chairperson under section five;
"Deputy Chairperson" means the person appointed as Deputy Chairperson under
section five;
"Deputy Director" means the person appointed as Deputy Director under section
twelve;
"Director" means the person appointed as Director under section twelve;
"former Commission" means the Law Development Commission established under
the repealed Act;
"repealed act" means the Law Development Commission and Institute of
Legislative Drafting Act. Act No. 5 of 1974
PART II
T HE Z AMBIA LAW DEVELOPMENT COMMISSION
3.

" means the Law Development Commission and Institute of
Legislative Drafting Act. Act No. 5 of 1974
PART II
T HE Z AMBIA LAW DEVELOPMENT COMMISSION
3.

There is hereby established the Zambia Law Development Commission which
shall be 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 such acts and things as a body corporate may by law do or perform. Establishment of the
Zambia Law
Development
Commission

sions of this
Act, to do all such acts and things as a body corporate may by law do or perform. Establishment of the
Zambia Law
Development
Commission

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4. (1) The functions of the Commission shall be to research and make
recommendations on-
Functions of
Commission
(a) the socio-political values of the Zambian people that should be incorporated
into legislation;
(b) the anomalies that should be eliminated in the statute book;
(c) new and more effective methods of administration of the law and the
dispensation of justice that should be adopted and legislated;
(d) new areas of the law that should be developed which are responsive to the
changing needs of Zambian society; and
(e) the removal of archaic pieces of legislation from the statute book.

e developed which are responsive to the
changing needs of Zambian society; and
(e) the removal of archaic pieces of legislation from the statute book.

(2) Without prejudice to the generality of subsection (1) the functions of the
Commission shall be to-
(a) revise and reform the law in Zambia;
(b) codify unwritten laws in Zambia;
(c) review and consider proposals for law reform referred to the Commission by
the Minister or the members of the public;
(d) hold seminars and conferences on legal issues;
(e) translate any piece of legislation into local languages;
(f) encourage international co-operation in the peformance of its functions
under this Act; and
(g) do all such things incidental or conducive to the attainment of the functions
of the Commission. 5. (1) The Commission shall consist of the following part-time members: Composition of
Commission
(a) a Judge nominated by the Judiciary;

Commission. 5. (1) The Commission shall consist of the following part-time members: Composition of
Commission
(a) a Judge nominated by the Judiciary;

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(b) a representative of any School of Law in a public university;
(c) a representative of the Institute of African Studies at the University of
Zambia;
(d) the Chief Parliamentary Draftsman;
(e) a representative of the Law Association of Zambia;
(f) the Director of the Institute of Advanced Legal Education; and
(g) not more than four other persons appointed;
(2) The Chairperson and the Vice-Chairperson shall be appointed by the Minister. (3) The Chairperson shall be a person qualified to be a judge of the High Court with
a bias in research. (4) The members referred to in subsection (1) shall be appointed by the Minister. (As amended by Act No. 38 of 1996)
6. (1) A member referred to in section five shall hold office for a period of three
years from the date of that person's appointment and shall be eligible for re-appointment
for a further period of three years. Tenure of office
(2) A member referred to in subsection (1) may resign upon giving one month's
notice in writing to the organisation that nominated him and to the Minister.

member referred to in subsection (1) may resign upon giving one month's
notice in writing to the organisation that nominated him and to the Minister.

(3) The Minister may remove a member if-
(a) the member is absent without reasonable excuse from three consecutive
meetings of the Commission of which he has had notice;
(b) he ceases to hold the office which he occupies or ceases to be a
representative of the organisation which nominated him; or
(c) the member is declared bankrupt.

to hold the office which he occupies or ceases to be a
representative of the organisation which nominated him; or
(c) the member is declared bankrupt.

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(As amended by Act No. 38 of 1996)
6A. A member shall be paid such remuneration or allowances as the Commission
may, with the approval of the Minister, determine. Remuneration and
allowances
(As amended by Act No. 38 of 1996)
7. (1) The seal of the Commission shall be such device as may be determined by
the Commission and shall be kept by the Secretary. Seal of Commission
(2) The affixing of the seal shall be authenticated by the Chairperson or the
Vice-Chairperson or any other person authorised in that behalf by a resolution of the
Commission. (3) Any document purporting to be under the seal of the Commission or issued on
behalf of the Commission 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. 8. Subject to section seven, whenever the office of a member becomes vacant
before the expiry of the term of office, the Minister may appoint another person to be a
member in place of the member who vacates the office. Filling of casual
vacancy
9.

the term of office, the Minister may appoint another person to be a
member in place of the member who vacates the office. Filling of casual
vacancy
9.

(1) Subject to the other provisions of this Act, the Commission may regulate its
own procedure. Proceedings of
Commission
(2) The Commission shall meet for the transaction of business at least once every
three months at such places and times as the Chairperson may determine. (3) The Chairperson may at any time call a meeting of the Commission and shall
call a special meeting to be held within fourteen days of receipt of a written request
addressed to him by at least five Commissioners. (4) If the urgency of any particular matter does not pemit the giving of such notice as
is required under subsection (3), a special meeting may be called by the Chairperson,
upon giving a shorter notice. (5) Two-thirds of the Commissioners shall form a quorum at any meeting of the
Commission.

be called by the Chairperson,
upon giving a shorter notice. (5) Two-thirds of the Commissioners shall form a quorum at any meeting of the
Commission.

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(6) There shall preside at any meeting of the Commission-
(a) the Chairperson;
(b) in the absence of the Chairperson the Vice-Chairperson; or
(c) in the absence of both the Chairperson and Vice-Chairperson, such
member as the members present may elect for the purpose of that meeting. (7) A decision of the Commission on any question shall be by a majority of the
Commissioners 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 his deliberative
vote. (8) The Commission may invite any person, whose presence is in its opinion
desirable, to attend and to participate in the deliberations of the meeting of the
Commission, but such person shall have no vote. (9) The validity of any proceedings, acts or decisions of the Commission shall not be
affected by any vacancy in the membership of the Commission or by any defect in the
appointment of any Commissioner by reason that any person not entitled to do so took
part in the proceedings. 10.

e Commission or by any defect in the
appointment of any Commissioner by reason that any person not entitled to do so took
part in the proceedings. 10.

(1) The Commission may, for the purpose of performing its functions under this
Act, establish such committees as it considers necessary and delegate to any of those
committees such of its functions as it considers fit. Committees
(2) Subject to subsection (1), the Commission may appoint as members of a
committee, persons who are, or are not, Commissioners, except that at least one member
of a committee shall be a Commissioner. (3) A person serving as a member of a committee shall hold office for such period
as the Commission may determine. (4) Subject to any specific or general direction of the Commission, a committee may
regulate its own procedure.

eriod
as the Commission may determine. (4) Subject to any specific or general direction of the Commission, a committee may
regulate its own procedure.

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11. (1) If any person is present at a meeting of the Commission or any committee at
which any matter is the subject of consideration and in which matter that person or his
spouse is directly or indirectly interested in a private capacity, that person shall as soon as
practicable after the commencement of the meeting, declare such interest and shall not,
unless the Commisson or the committee otherwise directs, take part in any consideration
or discussion of, or vote on, any question touching such matter. Disclosure of interest
(2) A disclosure of interest made under subsection (1) shall be recorded in the
minutes of the meeting at which it is made. PART III
T HE DIRECTORATE OF THE COMMISSION
12. (1) The Commission shall appoint the Director and Deputy Director of the
Commission. Director and Deputy
Director
(2) The Director shall be the Chief Executive Officer of the Commission who shall be
responsible for the management and administration of the Commission. (3) The Director shall be responsible for the implementation of the decisions of the
Commission. 13.

management and administration of the Commission. (3) The Director shall be responsible for the implementation of the decisions of the
Commission. 13.

(1) The Director shall be the Secretary to the Commission. Secretary, Research
fellows and other staff
(2) The Commission may appoint Research Fellows on such terms and conditions
as it may determine. (3) There shall be such other staff of the Commission as the Commission may
consider necessary. 14. (1) A person shall not without the consent in writing given by, or on behalf of the
Commission, publish or disclose to any person otherwise than in the course of his duties,
the contents of any documents, communication, or information which relates to, and which
has come to his knowledge in the course of his duties under this Act. Prohibition of
disclosure of
information
(2) Any person who contravenes the provisions of subsection (1) shall be guilty of
an offence and shall be liable upon conviction to a fine not exceeding ten thousand
penalty units or to imprisonment for a term not exeeding three years or to both.

shall be liable upon conviction to a fine not exceeding ten thousand
penalty units or to imprisonment for a term not exeeding three years or to both.

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(3) If any person having any information which to his knowledge has been published
or disclosed in contravention of subsection (1) unlawfully publishes or communicates any
such information to any other person, he shall be guilty of an offence and shall be liable
upon conviction to a fine not exeeding ten thousand penalty units or to imprisonment for a
term not exeeding three years or to both. PART IV
F INANCIAL PROVISIONS
15. (1) The funds of the Commission shall consist of such moneys as may- Funds of Commission
(a) be appropriated by the National Assembly for the purposes of this Act;
(b) be paid to the Commission by way of grants or donations; and
(c) vest in or accrue to the Commission.

ional Assembly for the purposes of this Act;
(b) be paid to the Commission by way of grants or donations; and
(c) vest in or accrue to the Commission.

(2) The Commission may-
(a) subject to the approval of the Minister, accept money by way of grants or
donations from any source;
(b) subject to the approval of the Minister, raise by way of loans or otherwise,
such money as it may require for the discharge of its functions;
(c) charge and collect fees in respect of programmes, publications, seminars,
consultancy services and other services provided by the Commission. (3) There shall be paid from the funds of the Commission-
(a) the salaries, allowances and loans of the staff of the Commission;
(b) such reasonable travelling, transport and subsistence allowances for the
Commissioners and members of any committee of the Commission when
engaged in the business of the Commission, and at such rates as the
Minister may after consultation with the Commission, determine; and

ommission when
engaged in the business of the Commission, and at such rates as the
Minister may after consultation with the Commission, determine; and

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(c) any other expenses incurred by the Commission in the performance of its
functions. (As amended by Act No. 38 of 1996)
16. The financial year of the commission shall be the period of twelve months
ending on 31st December in each year. Financial year
17. (1) The Commission shall cause to be kept proper books of account and other
records relating to its accounts. Accounts
(2) The accounts of the Commission shall be audited annually by independent
auditors appointed by the Commission, subject to the approval of the Minister. (3) The auditors' fees shall be paid by the Commission. 18. (1) As soon as practicable, but not later than ninety days after the end of the
financial year, the Commission shall submit to the Minister a report concerning its
activities during the financial year. Annual report
(2) The report referred to in subsection (1) shall include information on the financial
affairs of the Commission and there shall be appended to the report-
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require.

report-
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; 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 subsection (1), lay the report before
the National Assembly. PART V
M ISCELLANEOUS

e National
Assembly next after receipt of the report referred to in subsection (1), lay the report before
the National Assembly. PART V
M ISCELLANEOUS

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19. (1) Subject to the other provisions of this Act, a person who immediately before
the commencement of this Act, held office as a member of the former Commission, shall
hold office as a member of the Commission for a period of three months. Savings and
transitional provisions
(2) After the period referred to in subsection (1) the Commissioners shall be
appointed in accordance with this Act. (3) Nothing in this Act affects the rights or liabilities of any person employed by the
former Commission immediately before the commencement of this Act. (4) On the appointed date, all property, assets, rights, liabilities and obligations of
the former Commission shall vest in the Commission established by this Act. (5) Any proceedings or cause of action instituted or pending by or against the former
Commission immediately prior to the commencement of this Act, shall continue as if
instituted under this Act. 20. (1) The employees of the former Commission shall be deemed to be transferred
to the Commission from the commencement of this Act.

under this Act. 20. (1) The employees of the former Commission shall be deemed to be transferred
to the Commission from the commencement of this Act.

Transfer of staff
(2) The service of the employees referred to in subection (1) shall be treated as
continued service. (3) The employees of the Commission shall continue to contribute to the Public
Service Pension Scheme under the Public Service Pensions Act. Cap. 260
21. The Minister may, by statutory instrument, make Regulations for the better
carrying out of the purposes of this Act. Regulations