Zambia National Public Health Institute Act, 2020

THE ZAMBIA NATIONAL PUBLIC HEALTH INSTITUTE
ACT, 2020
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
1. Short title and commencement
2. Interpretation
PART II
THE ZAMBIA NATIONAL PUBLIC HEALTH INSTITUTE
3. Establishment of Institute
4. Functions of Institute
5. Board of Institute
6. Functions of Board
7. Delegation of functions
8. Director-General, Board Secretary and other staff of Authority
9. Emoluments and other conditions of service of Director-General,
Board Secretary and other staff
PART III
INSPECTORATE
10. Authorised officer
11. Powers of authorised officer
PART IV
PUBLIC HEALTH EMERGENCY OPERATIONS CENTRE
12. Establishment of Centre
13. Functions of Centre
PART V
ESTABLISHMENT OF NATIONAL PUBLIC HEALTH LABORATORY
14. Establishment of Laboratory
PART VI
NATIONAL PUBLIC HEALTH EMERGENCY FUND
15. Establishment of Fund
16. Administration and management of Fund
Zambia National Public Health Institute [No. 19 of 2020 305
Singles copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K44.00 each

Institute [No. 19 of 2020 305
Singles copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K44.00 each

PART VII
GENERAL PROVISIONS
17. Appeals
18. Immunity from execution of judgement
19. Public health security information management system
20. Regulations
21. Savings and transitional provisions
SCHEDULES
306 No. 19 of 2020] Zambia National Public Health Institute

mation management system
20. Regulations
21. Savings and transitional provisions
SCHEDULES
306 No. 19 of 2020] Zambia National Public Health Institute

An Act to provide for the coordination of public health
security; continue the existence of the Zambia National
Public Health Institute and provide for its functions;
establish the Public Health Emergency Operations
Centre; establish the National Public Health Laboratory;
establish the National Public Health Emergency Fund; 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 National Public Health
Institute Act, 2020, and shall come into operation on the date
appointed by the Minister by statutory instrument. 2. In this Act, unless the context otherwise requires—
“authorised officer” includes—
(a) a person appointed as an authorised officer under
section 10;
(b) an officer appointed under the Mines and Minerals
Development Act, 2015;
(c) an inspector of factories appointed under section 6
of the Factories Act;
(d) an officer appointed under the Animal Health Act,
2010;
(e) an officer appointed under the Environmental
Management Act, 2011;
Enactment
Short title
and
commencement
Interpretation
Act No. 11 of
2015
Act No. 12 of
2010
Act No.

nted under the Environmental
Management Act, 2011;
Enactment
Short title
and
commencement
Interpretation
Act No. 11 of
2015
Act No. 12 of
2010
Act No.

12 of
2011
Cap. 441
GOVERNMENT OF ZAMBIA
ACT
No. 19 of 2020
Date of Assent: 18th December, 2020
Zambia National Public Health Institute [No. 19 of 2020 307

2011
Cap. 441
GOVERNMENT OF ZAMBIA
ACT
No. 19 of 2020
Date of Assent: 18th December, 2020
Zambia National Public Health Institute [No. 19 of 2020 307

308 No.

308 No.

19 of 2020] Zambia National Public Health Institute
(f) an inspector appointed under the Public Health Act;
(g) a health inspector appointed under the Food Safety
Act, 2019;
(h) a radiation safety officer appointed under the Ionising
Radiation Protection Act, 2005;
(i) a person appointed under the Workers Compensation
Act, 1999;
(j) an inspector appointed under the Energy Regulation
Act, 2019; and
(k) an inspector appointed under the Local Government
Act, 2019;
“bio-bank” has the meaning assigned to the words in the
National Health Research Act, 2013;
“Board means the Board of the Zambia National Public
Health Institute constituted under section 5;
“Board Secretary” means a person appointed as a Board
Secretary under section 8;
“Centre” means the Public Health Emergency Operations
Centre established under section 12;
“Director-General” means a person appointed as Director-
General under section 8;
“Examinations Council of Zambia” means the Examinations
Council of Zambia established under the Examinations
Council of Zambia Act;
“Fund” means the National Public Health Emergency Fund
established under section 15;
“global health security” means an activity required to minimise
the danger and impact of acute public health events that
endanger the collective health of populations living across
gxceographical regions and international boundaries;
“Institute” means the Zambia National Public Health Institute
continued under section 3;
“Laboratory” means the National Public Health Laboratory
established under section 14;
“legally disqualified” means the absence of legal capacity as
provided in section 4 of the Mental Health Act, 2019;
Cap.

established under section 14;
“legally disqualified” means the absence of legal capacity as
provided in section 4 of the Mental Health Act, 2019;
Cap.

295
Cap. 137
Act No. 7 of
2019
Act No. 16 of
2005
Act No. 10 of
1999
Act No. 12 of
2019
Act No. 2 of
2013
Act No. 6 of
2019
Act No. 2 of
2019

295
Cap. 137
Act No. 7 of
2019
Act No. 16 of
2005
Act No. 10 of
1999
Act No. 12 of
2019
Act No. 2 of
2013
Act No. 6 of
2019
Act No. 2 of
2019

“one health approach” means an approach to designing and
implementing programmes, policies, legislation and research
in which multiple sectors communicate and work together
to achieve better public health outcomes;
“pathogen” means a bacterium, virus or other micro-organism
that may cause disease;
“public health” means the art and science of preventing
disease, prolonging life and promoting health through
organised efforts of society;
“public health emergency” means an occurrence or imminent
threat of an illness or health condition, caused by bio-
terrorism, epidemic or pandemic disease, or a novel and
highly fatal infectious chemical or biological toxin agent;
“public health security” means an activity required to minimise
the danger and impact of acute public health events that
endanger the collective health of population living across
geographical regions and international boundaries;
“rapid response team” means a technical team constituted to
identify, investigate and control an outbreak before it can
spread;
“school certificate” means a certificate awarded by the
Examinations Council of Zambia to a candidate who passes
subjects, in a grade twelve examination conducted by the
Examinations Council of Zambia, that the Examinations
Council of Zambia requires for the award of the certificate
or its equivalent from an institution recognised by the
Zambia Qualifications Authority;
“surveillance” means a systematic ongoing collection, collation
and analysis of data for public health purposes and timely
dissemination of public health information for assessment
and public health response, where necessary; and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011.

sary; and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011.

Act No. 13 of
2011
Zambia National Public Health Institute [No. 19 of 2020 309

Act No. 13 of
2011
Zambia National Public Health Institute [No. 19 of 2020 309

PART II
THE ZAMBIA NATIONAL PUBLIC HEALTH INSTITUTE
3. (1) The Zambia National Public Health Institute established
as a department of the ministry responsible for health is continued
as a body corporate with perpetual succession and a common seal,
capable of suing and being sued in its corporate name and with
power, subject to this Act, to do an act and thing that a body
corporate may, by law, do or perform. (2) The First Schedule applies to the Institute. 4.

wer, subject to this Act, to do an act and thing that a body
corporate may, by law, do or perform. (2) The First Schedule applies to the Institute. 4.

The functions of the Institute are to—
(a) advise the Minister on matters and measures relating to
public health security and global health security;
(b) coordinate multi-sectoral stakeholders for the purpose of
monitoring, evaluation and addressing public health in
order to support and conduct surveillance and disease
intelligence;
(c) promote partnerships and collaborations among local,
regional and international entities to address emerging
and re-emerging diseases and public health emergencies;
(d) harmonise disease control and prevention policies, and
surveillance systems among local, regional and
international entities;
(e) establish, coordinate and maintain a national early warning
and response surveillance platform to address a health
threat and health emergency;
(f) support and conduct public health hazard mapping and
risk assessment at national, provincial, district and sub-
district levels;
(g) generate data to inform policy and public health security
intervention programs;
(h) support and manage an integrated one health information
platform in order to achieve a one health approach to
public health security;
(i) contribute to capacity development and coordinate the public
health workforce in order to enhance public health
security;
(j) facilitate the accreditation of a public health laboratory by
a competent authority;
(k) establish and manage the Centre and other emergency
operations centres with relevance to public health;
Establishment
of Institute
Functions of
Institute
310 No.

nd manage the Centre and other emergency
operations centres with relevance to public health;
Establishment
of Institute
Functions of
Institute
310 No.

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(l) in collaboration with other institutions, assess the health
damage resulting from an epidemic or natural disorder
and provide support;
(m) serve as the national focal point for the implementation
of the international health regulations;
(n) recommend to the Minister the declaration of a public
health emergency and disease outbreak based on
available public health data;
(o) support and coordinate rapid response teams in responding
to events of public health security;
(p) conduct public health research;
(q) establish and maintain a bio-bank for pathogens and
materials relating to public health in accordance with
the National Health Research Act, 2013;
(r) establish and manage epidemic preparedness prevention
control and management committees at national,
provincial, district and sub-district levels;
(s) educate the public on public health;
(t) monitor trends in public health and their impact on the
Republic’s socio-economic development and make
recommendations to the appropriate authority; and
(u) develop, publish and disseminate information on public
health. 5.

-economic development and make
recommendations to the appropriate authority; and
(u) develop, publish and disseminate information on public
health. 5.

(1) There is constituted the Board of the Institute which
consists of the following part-time members appointed by the
Minister:
(a) a representative of the—
(i) Attorney-General;
(ii) ministry responsible for health;
(iii) ministry responsible for animal health;
(iv) ministry responsible for water, sanitation and
environmental protection;
(v) ministry responsible for local government; and
(vi) ministry responsible for agriculture;
(b) a representative of a public health institute;
(c) a representative of the Disaster Management and
Mitigation Unit;
(d) a representative of the Occupational Health and Safety
Institute; and
(e) a person with the relevant knowledge and experience in
public health or a related field. (2) The members of the Board under subsection (1) shall be
nominated by their respective ministries, institutions or organisations
for the purposes of appointment by the Minister. Act No.2 of
2013
Board of
Institute
Zambia National Public Health Institute [No. 19 of 2020 311

tions
for the purposes of appointment by the Minister. Act No.2 of
2013
Board of
Institute
Zambia National Public Health Institute [No. 19 of 2020 311

(3) The Minister shall appoint a Chairperson from among the
members of the Board. (4) The members of the Board shall elect a Vice-Chairperson
from among themselves. (5) A person shall not be qualified for appointment as a member
of the Board if that person—
(a is not a citizen;
(b) has not served at senior management level for at least
five years;
(c) is an undischarged bankrupt;
(d) is legally disqualified from holding the office of a member;
(e) is convicted of an offence under this Act or any other
written law and is sentenced to imprisonment for a period
exceeding six months without the option of a fine within
a period of five years preceding the appointment; or
(f) is an employee of the Institute. (6) The First Schedule applies to the Board. 6. (1) The Board is the governing body of the Institute.

intment; or
(f) is an employee of the Institute. (6) The First Schedule applies to the Board. 6. (1) The Board is the governing body of the Institute.

(2) Despite the generality of subsection (1), the functions of
the Board are to—
(a) provide strategic direction to the Institute;
(b) approve the annual budget estimates and financial
statements of the Institute;
(c) approve the annual workplan, action plans and activity
reports of the Institute;
(d) approve the policies, programmes and strategies of the
Institute; and
(e) monitor and evaluate the performance of the Institute
against approved budgets and plans. 7. (1) The Board may, subject to any conditions imposed
and guidelines issued by the Board, delegate to the Director-General
any of the Board’s functions under this Act. (2) The Minister may give to the Board, general or specific
directions relating to the performance of its functions and the Board
shall give effect to those directions to the extent that they are not
inconsistent with this Act. Functions of
Board
Delegation of
functions
312 No. 19 of 2020] Zambia National Public Health Institute

t that they are not
inconsistent with this Act. Functions of
Board
Delegation of
functions
312 No. 19 of 2020] Zambia National Public Health Institute

8. (1) The Board shall appoint a Director-General of the
Institute who shall be the chief executive officer and be responsible
for the day-to-day administration of the Institute. (2) A person qualifies for appointment as Director-General if
that person—
(a) has a school certificate; and
(b) holds a bachelor’s degree and post graduate degree in
public health or related field accredited, recognised and
validated by the Zambia Qualifications Authority;
(3) The Director-General may attend meetings of the Board
and of any committee and may address those meetings, but shall
have no vote. (4) The Board shall appoint a Board Secretary and other staff
of the Institute that the Board considers necessary for the
performance of its functions under this Act. (5) The Board Secretary shall perform board secretarial
functions. 9. (1) The Emoluments Commission shall, on the
recommendation of the Board, determine the emoluments of the
Director-General, Board Secretary and other staff of the Institute. (2) The Board shall determine the conditions of service, other
than emoluments, of the Director-General, Board Secretary and
other staff of the Institute. PART III
INSPECTORATE
10.

the conditions of service, other
than emoluments, of the Director-General, Board Secretary and
other staff of the Institute. PART III
INSPECTORATE
10.

(1) The Board shall, by Gazette notice appoint an
authorised officer for the purpose of ensuring compliance with the
Act. (2) The Board shall provide an authorised officer with an
identity card for the purpose of inspections, which shall be evidence
of the authorised officer’s appointment. (3) An authorised officer shall, in performing any function
under this Act—
(a) be in possession of the identity card under subsection (2);
and
(b) show the identity card to a person who requests to see it
or is subject to an investigation under this Act. Director-
General,
Board
Secretary and
other staff of
Institute
Emoluments
and other
conditions of
service of
Director-
General,
Board
Secretary and
other staff
Authorised
officer
Zambia National Public Health Institute [No. 19 of 2020 313

itions of
service of
Director-
General,
Board
Secretary and
other staff
Authorised
officer
Zambia National Public Health Institute [No. 19 of 2020 313

11.

11.

(1) An authorised officer may, for the purposes of
enforcing the provisions of this Act, at any reasonable time, without
prior notice, and on the authority of a warrant—
(a) enter, inspect or search any premises for the proper
performance of the duty, which is required or authorised
by this Act;
(b) take reasonable measures in line with international health
regulations to prevent the entry and spread of a
communicable disease from a foreign country into the
Republic through quarantine and isolation of a suspect
and new entrant;
(c) take measures that protect or promote public health
security based on available scientific evidence or
precautionary principle;
(d) search a person on any premises if there are reasonable
grounds to believe that the person has possession of a
document or article that has a bearing on an investigation,
provided that a person shall only be searched by a person
of the same sex;
(e) examine a document or article found on any premises
that has a bearing on an investigation;
(f) require the production of a record, report or document on
any premises or information to be given about any
document or article by—
(i) the owner of the premises;
(ii) the person in control of the premises;
(iii) a person who has control of the document or
article; or
(iv) any other person who may have the information;
(g) take for analysis a sample of any substance or thing which
an authorised officer has reasonable grounds to suspect
may contain or be contaminated by, a substance that is
a risk to health;
(h) require the occupier of any workplace or premises to
provide the authorised officer with assistance and
facilities that are necessary to enable the authorised
officer to exercise the authorised officer’s functions
under this Act;
(i) examine, take extracts from or make copies of any book
or document found on the premises that has a bearing
on an investigation;
Powers of
authorised
officer
314 No.

xtracts from or make copies of any book
or document found on the premises that has a bearing
on an investigation;
Powers of
authorised
officer
314 No.

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19 of 2020] Zambia National Public Health Institute

(j) use any computer system on any premises, or require the
assistance of any person on the premises to use that
computer system, to—
(i) search any data contained in, or available to the
computer system;
(ii) reproduce any record from the data; or
(iii) seize any output from the computer for
examination or copying;
(k) take any plant, substance or thing from any premises if
the authorised officer believes, on reasonable grounds,
that the plant, substance or thing has been used in the
commission of an offence under this Act; and
(l) attach and, if necessary, remove from the premises for
examination and safeguarding any document or article
that appears to have a bearing on an investigation. (2) An authorised officer who removes a document or article
from any premises under subsection (1) shall—
(a) issue a receipt for the document or article to the owner
or person in control of the premises; and
(b) return the document or article as soon as practicable
after achieving the purpose for which it was removed.

person in control of the premises; and
(b) return the document or article as soon as practicable
after achieving the purpose for which it was removed.

(3) In the exercise of powers of entry and search under this
section, an authorised officer may use reasonable force that is
necessary and justifiable in the circumstances, and may be
accompanied or assisted by other persons that the authorised officer
considers necessary for assistance to enter into, or on, any premises. (4) A person commits an offence if that person—
(a) delays or obstructs an authorised officer in the performance
of the authorised officer’s functions;
(b) refuses to give an authorised officer reasonable assistance
that the authorised officer may require for the purpose
of exercising the authorised officer’s powers;
(c) without reasonable excuse, refuses or fails to comply with
a requirement made or to answer any questions asked
by an authorised officer;
(d) impersonates or falsely represents oneself as an authorised
officer;
(e) without reasonable excuse, fails to produce or conceals a
record, report or document requested by an authorised
officer; or
(f) gives an authorised officer false or misleading information
in answer to an inquiry made by the authorised officer. (5) A person convicted of an offence under subsection.

officer false or misleading information
in answer to an inquiry made by the authorised officer. (5) A person convicted of an offence under subsection.

Zambia National Public Health Institute [No. 19 of 2020 315

Zambia National Public Health Institute [No. 19 of 2020 315

(4) is liable, to a fine not exceeding two hundred thousand
penalty units or to imprisonment for a period not exceeding two
years, or to both. (6) An authorised officer shall furnish the Director-General
with a written report and any other information relating to an
inspection, that the Director-General may require. (7) Nothing in this section requires a person to disclose or
produce information or a document, if the person would in an action
in a court be entitled to refuse to disclose or produce the information
or document. PART IV
PUBLIC HEALTH EMERGENCY OPERATIONS CENTRE
12. There is established the Public Health Emergency
Operations Centre to be managed by the Institute. 13.

V
PUBLIC HEALTH EMERGENCY OPERATIONS CENTRE
12. There is established the Public Health Emergency
Operations Centre to be managed by the Institute. 13.

The functions of the Centre are to—
(a) direct and support an incident or event with public health
implications through the establishment of a scalable
system of oversight, organisation and coordination,
utilising an emergency incidence response strategy;
(b) provide technical guidance to response operation teams
and coordinate the response;
(c) collect and analyse data, and plan future action based on
the likely cause of an event and resources available;
(d) provide logistical and service support to active responses
including financial and administrative management;
(e) demobilise and evaluate a public health emergency
operations following an active response;
(f) leverage resources for emergency response;
(g) be a platform for coordinating multi-sectoral stakeholders
for the purpose of responding to a public health
emergency;
(h) design standard operating procedures for key preparedness
actions;
(i) develop a detailed communication strategy on public health
emergency response;
(j) identify and address critical transnational public health
matters; and
(k) respond in a timely manner to requests for operational
and technical support from agencies, institutions, public
or private bodies and any person in the event of an
occurrence of an incident with public health implications.

ort from agencies, institutions, public
or private bodies and any person in the event of an
occurrence of an incident with public health implications.

Establishment
of Centre
Functions
of Centre
316 No. 19 of 2020] Zambia National Public Health Institute

Establishment
of Centre
Functions
of Centre
316 No. 19 of 2020] Zambia National Public Health Institute

PART V
ESTABLISHMENT OF THE NATIONAL PUBLIC
HEALTH LABORATORY
14. (1) There is established the National Public Health
Laboratory as a reference laboratory for detection, analysis, isolation
and characterisation of infectious and non-infectious agents, toxins
and any other agent of public health concern. (2) The Institute shall manage the Laboratory which shall be
used to—
(a) analyse or examine material sent to the Laboratory and
issue a certificate of analysis;
(b) collect, share and provide materials for research;
(c) coordinate and strengthen laboratory systems and networks
with the capacity to support surveillance, emergency,
preparedness and response to public health threats and
public health laboratory functions; and
(d) collect, contain, secure and store samples, pathogen isolates
and relevant materials from outbreaks and other events
of public health importance. (3) The Institute shall charge fees for the analysis of materials
and any other services provided by the Laboratory, as prescribed. (4) The Board shall appoint a person who shall be responsible
for the day-to-day administration of the Laboratory.

d by the Laboratory, as prescribed. (4) The Board shall appoint a person who shall be responsible
for the day-to-day administration of the Laboratory.

(5) The Board shall appoint public analysts that the Board may
consider necessary for the purpose of performing its functions under
this section. (6) A certificate of analysis issued under this section shall be
received in evidence and shall be deemed to be so issued, without
further proof, unless the contrary is proved. (7) The Board may establish satelite laboratories in the
provinces or districts. PART VI
NATIONAL PUBLIC HEALTH EMERGENCY FUND
15. (1) There is established the National Public Health
Emergency Fund for—
(a) the provision of public health emergency commodities;
(b) the operations of the epidemic preparedness, prevention,
control and management committees, in the management
of public health emergencies in their areas; and
(c) any other matter relating to the preparedness, prevention
and mitigation of a public health emergency. Establishment
of Fund
Establishment
of
Laboratory
Zambia National Public Health Institute [No. 19 of 2020 317

mitigation of a public health emergency. Establishment
of Fund
Establishment
of
Laboratory
Zambia National Public Health Institute [No. 19 of 2020 317

(2) The Fund consists of monies that may—
(a) be appropriated to the Institute by Parliament for the
purposes of the Fund;
(b) be collected from a levy that the Minister responsible for
finance may prescribe, in consultation with the Minister;
(c) be paid to the Institute by way of fees, donations and
grants from any source, with the approval of the Minister;
(d) vest in, or accrue to, the Fund; and
(e) by or under any other written law, be payable to the Fund. 16. (1) The Institute shall administer and manage the Fund
for the purposes specified in section 15. (2) The Institute may invest any monies of the Fund that are not
immediately required for the purposes of the Fund in a manner
authorised by the Board. (3) The Board shall ensure that prudent controls are established
for the Fund relating to—
(a) fiscal controls and accounting procedures governing the
Fund;
(b) reporting procedures for the matters relating to the Fund;
and
(c) investment of the monies of the Fund. (4) The Board shall cause to be kept proper books of accounts
and other records relating to the Fund. (5) The Fund shall be audited annually by the Auditor-General
or an auditor appointed by the Auditor-General.

and other records relating to the Fund. (5) The Fund shall be audited annually by the Auditor-General
or an auditor appointed by the Auditor-General.

PART VII
GENERAL PROVISIONS
17. (1) A person aggrieved by a decision of the Institute may,
within seven days of receipt of the decision, appeal to the Minister. (2) A person who is aggrieved by a decision of the Minister
under subsection (1) may appeal to the High Court
18. Where judgement has been obtained against the Institute,
execution, attachment or process of any nature thereof, shall not
be issued against the Institute or against any property of the Institute,
but the Institute shall cause to be paid out of the revenue of the
Institute the amounts that may, by the judgement or order, be awarded
against the Institute to the person entitled to that amount. Administration
and
management
of Fund
Appeals
Immunity
from
execution of
judgement
318 No. 19 of 2020] Zambia National Public Health Institute

amount. Administration
and
management
of Fund
Appeals
Immunity
from
execution of
judgement
318 No. 19 of 2020] Zambia National Public Health Institute

19. (1) Subject to the Statistics Act, 2018, and any other
relevant written law, the Institute shall establish a repository of
information concerning disease surveillance, public health security
and management of public health emergencies, as prescribed.
(2) Subject to subsection (1), the Institute shall—
(a) collect information on aspects of public health security,
disease surveillance and management of public health
emergencies;
(b) process and analyse the information under paragraph (a);
and
(c) disseminate information to members of the public on
promotive, preventive and curative measures.
20. The Minister may, by statutory instrument, make regulations
for the better carrying out of the provisions of this Act.
21. The Second Schedule applies to the savings and transitional
provisions.
Public health
security
information
management
system
Act No. 13
of 2018
Regulations
Savings and
transitional
provisions
Zambia National Public Health Institute [No. 19 of 2020 319

ation
management
system
Act No. 13
of 2018
Regulations
Savings and
transitional
provisions
Zambia National Public Health Institute [No. 19 of 2020 319

FIRST SCHEDULE
(Sections 3 (2) and 5 (6))
PART I
ADMINISTRATION OF THE BOARD
1. (1) The seal of the Institute shall be a device as may be
determined by the Institute and shall be kept by the Director-
General. (2) The affixing of the seal shall be authenticated by the
Chairperson or Vice-Chairperson and the Director-General, or any
other person authorised in that behalf by a resolution of the Board. (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 a seal on
behalf of the Institute by the Director-General or another person
generally or specifically authorised by the Board in that behalf. (4) A document purporting to be a document under the seal of
the Institute or issued on behalf of the Institute shall be received in
evidence and shall be deemed to be, so executed or issued, without
further proof, unless the contrary is proved. 2.

the Institute shall be received in
evidence and shall be deemed to be, so executed or issued, without
further proof, unless the contrary is proved. 2.

(1) Subject to the other provisions of this Act, a member of
the Board shall hold office for a period of three years from the
date of appointment and may be reappointed for a further like period
but shall not successively hold office for more than two terms. (2) The office of a member of the Board becomes vacant if
that member of the Board—
(a) dies;
(b) is adjudged bankrupt;
(c) is absent from three consecutive meetings of the Board
of which that member of the Board has had notice,
without the prior approval of the Board;
(d) resigns from office;
(e) is legally disqualified from performing the duties of a
member of the Board;
(f) is convicted of an offence under this Act or any other law;
or
(g) ceases to represent the institution that nominated that
member of the Board. Seal of
Institute
Tenure of
office of a
member and
vacancy
320 No. 19 of 2020] Zambia National Public Health Institute

nated that
member of the Board. Seal of
Institute
Tenure of
office of a
member and
vacancy
320 No. 19 of 2020] Zambia National Public Health Institute

(3) Subject to the other provisions of this Act, a member of
the Board shall, on the expiration of the period for which the member
of the Board is appointed, continue to hold office until another
member of the Board, is appointed to succeed that member of the
Board, but in no case shall the member of the Board hold office for
more than three months after the expiration of the member’s term. (4) The Minister shall, where the office of a member of the
Board becomes vacant, appoint another person in place of the
member of the Board who vacates office, and the member shall
hold office for the remainder of the term. 3. (1) Subject to 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. (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 if
not less than one-third of the members of the Board so request, in
writing, except that if the urgency of a particular matter does not
permit the giving of that notice, a special meeting may be called on
giving a shorter notice.

cept that if the urgency of a particular matter does not
permit the giving of that notice, a special meeting may be called on
giving a shorter notice.

(4) Six members of the Board 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, a member of the Board that the members
of the Board present may elect from amongst
themselves for the purpose of that meeting. (6) A decision of the Board on any question shall be determined
by a majority of the votes of the members of the Board 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 a
deliberative vote, a casting vote. (7) Where a member of the Board is, for any reason unable to
attend the meeting of the Board, that member 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 of the Board for purposes of that
meeting. Proceedings
of Board
Zambia National Public Health Institute [No. 19 of 2020 321

considered to be a member of the Board for purposes of that
meeting. Proceedings
of Board
Zambia National Public Health Institute [No. 19 of 2020 321

(8) The Board may invite any person whose presence is, in its
opinion desirable, to attend and to participate in the deliberation of
a meeting of the Board, but that person shall have no vote. (9) The validity of any proceedings, action or decision of the
Board shall not be affected by any vacancy in the membership of
the Board or any defect in the appointment of any member of the
Board or by reason that any person not entitled to do so, took part
in the proceedings. (10) The Board shall cause minutes to be kept of the
proceedings of every meeting of the Board and of every committee
of the Board. 4. (1) The Board may constitute committees that it considers
necessary and delegate any of its functions to these committees. (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. 5.

r 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. 5.

A member of the Board or a member of a committee of the
Board shall be paid allowances that may be determined by the
Emolument Commission, on recommendation of the Minister. 6. (1) A person who is present at a meeting of the Board or a
committee of the Board at which any matter is the subject of
consideration, and in which that person or that person’s relative or
associate, is directly or indirectly interested in a private capacity
shall, as soon as 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 this paragraph shall
be recorded in the minutes of the meeting at which the disclosure
is made. (3) A person who contravenes subparagraph (1) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both. Committees
Allowances
Disclosure of
interest
322 No. 19 of 2020] Zambia National Public Health Institute

a period not
exceeding two years, or to both. Committees
Allowances
Disclosure of
interest
322 No. 19 of 2020] Zambia National Public Health Institute

7. (1) A person shall not, without the consent in writing given
by or on behalf of the Institute, otherwise than in the course of the
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. (2) A person who contravenes subparagraph (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. 8. An action or other proceeding shall not lie or be instituted
against a member of the Board or committee of the Board or a
member of staff of the Institute for, or in respect of, an act or thing
done or omitted to be done in good faith in the exercise or
performance, of any of the powers, functions or duties conferred
under this Act. PART II
FINANCIAL PROVISIONS
9. (1) The Funds of the Institute consist of monies that may—
(a) be paid to the Institute by way of grants and donations;
or
(b) otherwise vest in or accrue to the Institute.

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

(2) The Institute may, subject to the approval of the Minister—
(a) accept monies by way of grants or donations from any
source in Zambia and any source outside Zambia; and
(b) charge and collect fees in respect of programmes,
seminars, consultancy services and other services
provided by the Institute. (3) There shall be paid from the funds of the Institute—
(a) the emoluments of the members of staff of the Institute;
(b) reasonable travelling and other allowances for the
members of the Board and of any committee of the
Board when engaged on the business of the Institute, at
rates that the Emoluments Commission shall determine
on the recommendation of the Minister; and
(c) any other expenses incurred by the Institute in the
performance of its functions under this Act. Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Immunity
Funds of
Institute
Zambia National Public Health Institute [No. 19 of 2020 323

blication
or disclosure
of
information
to
unauthorised
persons
Immunity
Funds of
Institute
Zambia National Public Health Institute [No. 19 of 2020 323

(4) The Institute may, subject to the approval of the Minister,
invest in a manner that it considers appropriate, funds of the Institute
which it does not immediately require for the performance of its
functions. 10. The financial year of the Institute shall be a period of
twelve months ending on 31st December in each year. 11. (1) The Institute shall cause to be kept proper books of
account and other records relating to its accounts. (2) The accounts of the Institute shall be audited annually by
the Auditor-General or an auditor appointed by the Auditor-General. (3) The auditor’s fees shall be paid by the Institute. 12. (1) As soon as practicable, but not later than ninety days
after end of the financial year, the Institute shall submit to the
Minister a report concerning the activities during the financial year. (2) The report referred to in subparagraph (1) shall include
information on the financial affairs relating to 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) other information that the Minister may require.

an audited statement of financial position;
(b) an audited statement of comprehensive income; and
(c) other information that 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. Financial
year
Account and
audit
Annual
report
324 No. 19 of 2020] Zambia National Public Health Institute

ay the report before the National
Assembly. Financial
year
Account and
audit
Annual
report
324 No. 19 of 2020] Zambia National Public Health Institute

SECOND SCHEDULE
(Section 21)
SAVINGS AND TRANSITIONAL PROVISIONS
1. In this schedule, unless the context otherwise requires
“former department” means the Zambia National Public Health
Institute established as a department of the ministry responsible
for health. 2. (1) On or after the appointment date, the Minister may, by
statutory instrument, approve arrangements under which all or some
of the public officers from the former department shall be
transferred to the Institute from the public service. (2) Where a person is transferred in accordance with the
arrangements made under subparagraph (1), the terms and
conditions of that person with the Institute shall be no less favourable
than those enjoyed while in the public service, and for the purposes
of determining rights to, or eligibility for, any pension, gratuity, leave
or other benefit, the pensionable service of that person with the
public service shall be treated as continuous service. 3.

y pension, gratuity, leave
or other benefit, the pensionable service of that person with the
public service shall be treated as continuous service. 3.

(1) On the appointed date, there shall transfer to, and vest
in, or subsist against the Institute by virtue of this Act and without
further assurance—
(a) the affairs of the former department; and
(b) subject to this Act, all property, rights and obligations which
immediately before the appointed date were the
property, rights and obligations of the Government in
respect of the former department.

ligations which
immediately before the appointed date were the
property, rights and obligations of the Government in
respect of the former department.

(2) Except as provided for in this Act, every deed, bond or
agreement other than an agreement for personal service to which
the Government was a party immediately before the commencement
of this Act in respect of the former department, whether in writing
or not, and, whether or not of a nature that rights and obligations
thereunder could be assigned shall, unless its subject-matter or terms
makes it possible that it should have effect as modified in a manner
provided by this subsection, have effect as from the date of the
assignment thereof as if—
(a) the Institute had been a party hereto;
(b) for any reference to the Government there were
substituted, as respects anything to be done on or after
the commencement of this Act, a reference to the
Institute; and
Interpretation
Transfer of
staff
Transfer of
assets and
liabilities
Zambia National Public Health Institute [No. 19 of 2020 325

to the
Institute; and
Interpretation
Transfer of
staff
Transfer of
assets and
liabilities
Zambia National Public Health Institute [No. 19 of 2020 325

(c) for any reference to an officer of the former department
not being a party thereto and beneficially interested
therein there were substituted, as respects anything
falling to be done on or after the commencement of this
Act, a reference to an officer of the Institute that the
Institute shall determine. (3) Subject to subparagraph (2), documents other than those
referred to in that subparagraph which refer especially to the former
department shall be construed in accordance with subparagraph
(2) as far as possible. 4.

to in that subparagraph which refer especially to the former
department shall be construed in accordance with subparagraph
(2) as far as possible. 4.

Where under this Act any property, rights or obligations of
the Government through the former department are deemed
transferred in respect of which transfer any written law provides
for registration, the Institute shall make an application in writing to
the appropriate registration authority for registration of a transfer
and that authority shall give effect to the transfer and, where
appropriate, issue the transferee concerned a certificate of title in
respect of the said property or make necessary amendments to the
register, and if presented therefore, make endorsement concerned,
and no registration fee, stamp duty or other duties shall be payable
in respect of it. 5. (1) Any legal proceedings or application of any authority
pending immediately before the commencement of this Act by or
against the Government in respect of the former department may
be continued by or against the Institute.

ely before the commencement of this Act by or
against the Government in respect of the former department may
be continued by or against the Institute.

(2) Without prejudice to other provisions of the Act, where
any right or obligation vests in, or subsists against the Institute by
virtue of this Act, the Institute and all other persons affected thereby
shall, as from the commencement of this Act, have the same rights,
powers and remedies for ascertaining, perfecting or enforcing that
right or obligation as they have had if it had at all times been a right
or obligation of the Institute. (3) After the commencement of this Act, proceedings in any
respect of any right or obligation which was vested in, held, enjoyed,
incurred, suffered by, or sustained against the Government in respect
of the former department, may be continued by or against the
Institute. Registration
of property
Legal
Proceedings
326 No. 19 of 2020] Zambia National Public Health Institute