Zambia National Broadcasting

Zambia National Broadcasting [No. 20 of 2002 369
Corporation (Amendment)
GOVERNMENT OF ZAMBIA
ACT
No. 20 of 2002
Date of Assent: 31st December, 2002
An Act to amend the Zambia National Broadcasting
Corporation Act
[31st December, 2002
ENACTED by the Parliament of Zambia. 1. (1) This Act may be cited as the Zambia National
Broadcasting Corporation (Amendment) Act, 2002 and shall be
read as one with the Zambia National Broadcasting Act, in this Act
referred to as the principal Act. (2) This Act shall come into operation on such date as the
Minister may, by statutory instrument, appoint. 2.

is Act
referred to as the principal Act. (2) This Act shall come into operation on such date as the
Minister may, by statutory instrument, appoint. 2.

Section two of the principal Act is amended—
(a) by the insertion in the appropriate place of the following
new definition:
" appointments committee " means an appointments
committee appointed under section four A;
(b) by the deletion in the definition of " inspector " of" section
thirty-two " and the substitution therefor of" section twenty-
six ";
(c) by the deletion of the definition of " broadcaster " and the
substitution therefor ofthe following new definition:
" broadcaster " means the Corporation;
(d) by the deletion of the definition of " dealer " and the substitution
therefor ofthe following:
" dealer " means—
(a) a person who carries on a trade, business or industry
in which television receivers are assembled,
manufactured, imported, bought, sold, exchanged
or offered or exposed for sale or exchange; or
Enactment
Short title
and
ocrrmnriTHt
Cap. 154
Amendment
of section 2
Single Copies of this Act can be obtained from the Government Printer,
P. O.Box30136,10Wl Lusaka. PriceK2,500each

iTHt
Cap. 154
Amendment
of section 2
Single Copies of this Act can be obtained from the Government Printer,
P. O.Box30136,10Wl Lusaka. PriceK2,500each

370 No. 20 of 2002] Zambia National Broadcasting
Corporation (Amendment)
Repeal and
replacement
of section 4
Constitution
of Board of
Directors
(b) an auctioneer of television receivers; and cognate
expressions shall be construed by reference, inter
alia, to transactions or operations such as are
carried on by persons referred to in paragraph (a). 3. The principal Act is amended by the repeal of section four
and the substitution therefor of the following:
4. (1) There is hereby constituted the Zambia National
Broadcasting Corporation Board which shall, subject to the
provisions ofthis Act, perform the functions of the Corporation
under this Act. (2) The Board shall consist of nine part-time directors
appointed by the Minister on the recommendation of the
appointments committee, subject to ratification by the National
Assembly. (3) A person shall not be qualified to be appointed to the
Board unless the person is committed to fairness, freedom of
expression, openness, and accountability and when viewed
collectively the persons appointed shall be representative of
a broad section of the population of the Republic.

s, and accountability and when viewed
collectively the persons appointed shall be representative of
a broad section of the population of the Republic.

(4) The Chairperson and the Vice-Chairperson shall be
elected by the directors from amongst themselves. (5) A person shall not be appointed as a director if that
person—
(a) is not a citizen of Zambia;
(b) is not permanently resident in Zambia;
(c) is a member of Parliament or local authority;
(d) is an office bearer or employee of any political party;
(e) is an immediate family member of a person referred
to in paragraph (d);
(f) is an undischarged bankrupt;
(g) has been convicted of an offence involving fraud or
dishonesty; or
(h) has been convicted of an offence under any other
written law and sentenced to a term of
imprisonment of not less than six months, without
the option of a fine. (6) The directors shall be paid such allowances as the
Board may, with the approval of the Minister, determine. I

onths, without
the option of a fine. (6) The directors shall be paid such allowances as the
Board may, with the approval of the Minister, determine. I

Zambia National Broadcasting [No. 20 of 2002 371
Corporation (Amendment)
(7) Except as otherwise provided in this Act, the Board
shall not be subject to the direction of any other person or
authority. 4. The principal Act is amended by the insertion after section insertion of
four of the following new section: section 4A
4 A. (1) The Minister shall, for the purposes of sectionfour Appointments
constitute an ad hoc appointments committee consisting of c o m m i t t e e
the following:
(a) one member nominated by the Law Association of
Zambia;
(b) one member nominated by a non-governmen*al
organisation active in human rights;
(c) one member nominated by religious organisations;
and
(d) one member nominated by the Ministry responsible
for information and broadcasting. (2) The Chairperson of an appointments committee shall
be appointed by the members from amongst their number. (3) The members of an appointments committee shall be
appointed on such terms and conditions as the Minister may
determine.

from amongst their number. (3) The members of an appointments committee shall be
appointed on such terms and conditions as the Minister may
determine.

(4) The functions of an appointments committee shall be—
(a) to invite applications from persons with such
qualifications as may be specified for appointment
to the Board;
(b) to interview the applicants and nominees referred to
in paragraph (a); and
(c) following the interview referred to in paragraph (b),
to select the candidates for appointment to the
Board and to submit a recommendation to the
Minister. (5) An appointments commitee shall determine its own
procedure. (6) There shall be paid to the members of an appointments
committee such allowances as the Minister may determine. (7) The Corporation shall pay the expenses incurred by
an appointments committee in the performance of its functions
under this Act.

er may determine. (7) The Corporation shall pay the expenses incurred by
an appointments committee in the performance of its functions
under this Act.

372 No. 20 of 2002] Zambia National Broadcasting
Corporation (Amendment)
Repeal and
replacement
of section 5
Tenure of
office and
vacancy
Repeal and
replacement
of section 7
Functions of
Corporation
5. The principal Act is amended by the repeal of section five
and the substitution therefor of the following:
5. (1) Subjecttothe other provisions of this Act, a director
shall hold office for a period of three years from the date of
appointment and may be re-appointed for one further term
of three years. (2) On the expiration of the period for which a director is
appointed, the director shall continue to hold office until the
director's successor is appointed but in no case shall such
further period exceed three months.

, the director shall continue to hold office until the
director's successor is appointed but in no case shall such
further period exceed three months.

(3) The office of a director shall become vacant—
(a) upon resignation;
(b) upon the death of the director;
(c) if that director without good cause or approval of
the Chairperson is absent from three consecutive
meetings of the Board of which that director had
notice;
(d) if that director is adjudged bankrupt;
(e) if the director is declared to be of unsound mind;
and
(f) if the director is convicted of an offence for a period
exceeding six months without the option of a fine
or convicted of any offence involving dishonesty. (4) A director may resign from office by giving one
months' notice in writing to the Minister. (5) Whenever the office of a a director becomes vacant
before the expiry of the term of office the Minister may, on
the recommendation of appointments committee and subject
to ratification by the National Assembly, appoint another
director in place of the director who vacates office but such
director shall hold office only for the unexpired term. 6. The principal Act is amended by the repeal of section seven
and the substitution therefor of the following:
7.

office only for the unexpired term. 6. The principal Act is amended by the repeal of section seven
and the substitution therefor of the following:
7.

(1) The functions of the Corporation shall be to—
(a) provide varied and balanced programming for all
sections of the populations;
(b) serve the public interest;
(c) meet high professional quality standards;

vide varied and balanced programming for all
sections of the populations;
(b) serve the public interest;
(c) meet high professional quality standards;

Zambia National Broadcasting [No.

Zambia National Broadcasting [No.

20 of 2002 373
Corporation (Amendment)
(d) offer programmes that provide information,
entertainment and education;
(e) contribute to the development of free and informed
opinions and as such, constitute an important
element of the democratic process;
(f) reflect, as comprehensively as possible, the range
of opinions and political, philosophical, religious,
scientific, and artistic trends;
(g) reflect and promote Zambia's national culture,
diversity and unity;
(h) respect human dignity and human rights and
freedoms and contribute to the tolerance of
different opinions and beliefs;
(i) further international understanding and the public's
sense of peace and social justice;
(j) defend democratic freedoms;
(k) enhance the protection of the environment;
(I) contribute to the realisation of equal treatment
between men and women;
(m) broadcast news and current affairs programmes
which shall be comprehensive, unbiased and
independent and commentary which shall be
clearly distinguished from news;
(n) promote productions of Zambian origin; and
(o) carry on or operate such other services including
diffusion services and undertakings as in the
opinion of the Board, are conducive to the
exercise of its functions under the Act.

r services including
diffusion services and undertakings as in the
opinion of the Board, are conducive to the
exercise of its functions under the Act.

7 . Section ten of the principal Act is amended in subsection Amendment
( 7 ) by the deletion of the words " one-half of the total number of ° f section 10
directors" and the substitution therefor of the words " five
directors". 8. Section fifteen of the principal Act is amended by the Amendment
addition after subsection (2) of the following new subsection: of section 15
(3) A person who fails to disclose interest in terms of
subsection (1) and participates in the consideration or
discussion of a matter in which the person or that person's
spouse has interest commits an offence and shall be liable,
upon conviction, to a fine not exceeding thirty thousand
penalty units or to imprisonment for a term not exceeding
two years, or to both.

l be liable,
upon conviction, to a fine not exceeding thirty thousand
penalty units or to imprisonment for a term not exceeding
two years, or to both.

374 No. 20 of 2002] Zambia National Broadcasting
Corporation (Amendment)
Amendment
of section 17
Repeal and
replacement
of Part IV
Television
licence
Cap. 169
9. Section seventeen of the principal Act is amended in
paragraph (b) of subsection (1) by the deletion of the words
" the approval of " and the substitution therefor of the words
" prior consultation with ". 10. The principal Act is amended by the repeal of Part I V
and the substitution therefor of the following new Part:
PART I V
TELEVISION LICENCES AND INSPECTORS
25. (1) Notwithstanding the provisions of the Radio
communications Act and subject to the provisions of this
Act, a person shall not have in the person's possession a
television receiver otherwise than in accordance with the
terms and conditions of a licence issued by the Corporation
under this Act:
Provided that in a private household where there is
more than one television receiver, a licence fee shall be
paid in respect of only one television receiver.

that in a private household where there is
more than one television receiver, a licence fee shall be
paid in respect of only one television receiver.

(2) For purposes of subsection (1) a proprietor of a hotel,
inn, motel, lodge, guesthouse, resthouse, club, holiday resort
or such other commercial enterprise as the Minister may, by
statutory instrument, determine shall pay a licence fee in
respect of each television receiver on the premises concerned. (3) The Minister may, on the recommendation of the
Corporation, by statutory instrument, prescribe the fees to be
paid on the issue of a licence referred to in subsection (1). (4) The provisions of subsection (1) shall not apply to a
person—
(a) who is a bona fide tourist residing outside Zambia
and whose television receiver is temporarily in
Zambia; or
(b) whose television receiver is capable of use solely in
connection with a diffusion service. (5) Any person who owns or operates a television receiver
without a licence issued under this Act commits an offence
and is liable, on conviction, to a fine not exceeding one
thousand penalty units. (6) The licence fees referred to under this section, shall
be paid into the general fund of the Corporation for the use
of the Corporation.

lty units. (6) The licence fees referred to under this section, shall
be paid into the general fund of the Corporation for the use
of the Corporation.

Zambia National Broadcasting [No. 20 of 2002 375
Corporation (Amendment)
(7) The Minister may exempt a person, organisation
or institution from the provisions of subsection (1). 26. (1) The Corporation shall establish an inspectorate Inspectors
unit and may appoint such number of inspectors as are
necessary to enforce the provisions of this Act with respect
to section twenty-five. (2) Every inspector appointed under this section shall be
issued with a certificate of appointment which shall be prima
facie evidence of the inspector's appointment as such. (3) An inspector carrying out any function under this Act
shall on demand by a person affected by the exercise of the
inspector's power under this Act, produce for inspection the
certificate referred to in subsection (2). 27. (1) To ensure that the provisions of this Act are being Powers of
complied with, an inspector shall have power, on production inspectors
of the certificate of appointment issued under section twenty-
six to demand the production of, and to inspect or make copies
of, a licence issued under section twenty-five.

ppointment issued under section twenty-
six to demand the production of, and to inspect or make copies
of, a licence issued under section twenty-five.

(2) An inspector or police officer may upon probable cause
shown on oath to a magistrate court obtain a warrant to enter
upon and search or examine the premises prescribed in the
warrant in order to ascertain whether any offence under this
Act is being committed on the premises. (3) Where an inspector or police officer is satisfied that a
person does not have a valid television licence in respect of a
matter for which a licence is required under this Act, the
inspector or police officer may serve on that person a notice
in the prescribed form. 28. (1) A person commits an offence if that person— Obstruction
(a) wilfully delays or obstructs an inspector in carrying o f , n s
P e c t o r s
out the inspector's duties under this Act; or
(b) knowingly or negligently gives an inspector false or
misleading information orally, in writing or
otherwise. (2) Any person who commits an offence under
subsection (1) shall be liable, on conviction, to a fine not
exceeding one thousand five hundred penalty units.

ny person who commits an offence under
subsection (1) shall be liable, on conviction, to a fine not
exceeding one thousand five hundred penalty units.

376 No. 20 of 2002] Zambia National Broadcasting
Corporation (Amendment)
Restriction
on use of
name of
Corporation
Cap. 388
Regulatory
powers of
Minister
Amendment
of Schedule
29. No person shall, after the commencement of this
Act, assume for the purposes of business or be registered
under the Companies Act, under—
(a) the name " Zambia National Broadcasting Corporation ";
or
(b) a name which includes the word " broadcast" or
" broadcasting" or " diffusion " or " rediffusion "
with the word "National", "Zambia", "Zambian", "
State " or " Corporation ". 30. (1) The Minister may, by statutory instrument, make
regulations to prescribe matters which are necessary for the
better carrying out of the purposes of this Act.

ister may, by statutory instrument, make
regulations to prescribe matters which are necessary for the
better carrying out of the purposes of this Act.

(2) Without prejudice to the generality of subsection (1)
the regulations made under that subsection may prescribe—
(a) the registration for dealers with the Corporation and
the information to be supplied to the Corporation;
(b) the keeping of books, records and documents, the
furnishing of returns and the supply of information
to the Corporation relating to the dealings in
television receivers;
(c) the fees to be paid under the provisions of this Act;
(d) the form of notices required to be served under this
Act;
(e) the methods of payment and collection of fees
payable under the Act; and
(f) any other matters required to be prescribed under
this Act. 11. The principal Act is amended in the Schedule by—
(a) the insertion after paragraph 27 of the following
new paragraphs:
28. To e s t a b l i s h , i n s t a l l , erect, alter,
reconstruct, operate, and maintain
broadcasting studios, transmitters, relay
stations and micro-wave facilities. 29. To introduce such number of radio and
television broadcasting stations and
channels as the Board may consider
necessary. 30. To determine, subject to the direction of
the Board, the programme policy for
the Corporation. i

and
channels as the Board may consider
necessary. 30. To determine, subject to the direction of
the Board, the programme policy for
the Corporation. i

Zambia National Broadcasting [No. 20 of 2002 377
Corporation (Amendment)
31. To act in combination or association with
any other person or body whether
incorporated or not, and whether in
Zambia or elsewhere for any other
purposes authorised by this Act.
32. To develop and make available radio and
television broadcasting services
throughout Zambia by the most
appropriate and efficient means and as
resources become available for the
purpose.
33. Subject to the directions of the Board, to
carry on broadcasting services for such
purposes as the Board may speci fy for
reception by listeners outside Zambia.
34. To implement the editorial policies of the
Corporation and maintain editorial
independence; and
(b) the renumbering of paragraph 28 as paragraph 35.
General 12. The principal Act is amended by the deletion of the words
amendments " Chairman " and " Vice-Chairman " wherever they appear and
the substitution therefor of the words " Chairperson " and " Vice-
Chairperson " respectively.