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CONTENTS
CHAPTER 281
THE LOCAL GOVERNMENT ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
ESTABLISHMENT OF COUNCILS
PART III
CONSTITUTION OF COUNCILS
6. Incorporation of Councils
7. Corporate name of council
8. Seal
9. Composition of Council
10. Repealed by Act No. 30 of 1995
11. Disqualification of councillors
12. Election of Councillors
13. Tenure of office of councillors
14. Vacation of office by councillor
15. Filling of casual vacancy
16. Election of Mayor, Deputy Mayor, Chairman and Vice
Chairman
17. Tenure of office of mayor, deputy mayor, chairman and
vice-chairman
18. Vacation of office
19. Filling of Casual vacancies of Mayor or Chairman during
vacancy absence
20. Discharge of functions of Mayor or Chairman during vacancy
or absence
21. Validity of discharge of functions
PART IV
PROCEEDINGS OF COUNCILS
PART V
COMMITTEES
PART VI
FINANCE
PART VII
FUNCTIONS
PART VIII
BY-LAWS AND REGULATIONS
Power to Make By-laws
76. Power to make by-laws
77. Language of by-laws
Conferring of powers on officers and agents of council
Penalties
By-laws not to conflict with other written laws
Notice of by-laws and objection thereto
Confirmation of by-laws
Power of Minister to amend or revoke by-laws
Power to make regulations
Application of regulations
Regulations to prevail over by-laws or standing orders
References in other written laws
PART IX
LOCAL GOVERNMENT ADMINISTRATOR
PART X
LOCAL GOVERNMENT SERVICE AND THE LOCAL
GOVERNMENT SERVICE COMMISSION
PART XI
FIRE SERVICE
PART XII
MISCELLANEOUS PROVISIONS
PART XIII
REPEAL, SAVINGS AND TRANSITIONAL
CHAPTER 281
LOCAL GOVERNMENT ACT
An Act to provide for an integrated three tier local administration Act No.
system; to define the functions of local authorities; to repeal the Local 22 of 1991
Act No.
Administration Act and certain related laws; and to provide for matters 19 of 1992
connected with or incidental to the foregoing. 30 of 1993
[6th September, 1991] 13 of 1994
30 of 1995
22 of 1995
9 of 2004
PART I
PRELIMINARY
1. (1) This Act may be cited as the Local Government Act. Short title
"area", in relation to a council, means the District for which the council
has been established under this Act;
"city" means a District for which a city is established under this Act;
"District" means a District declared under the Provincial and District Cap. 286
Boundaries Act;
"land" shall have the meaning assigned thereto by the Land Act; Cap. 184
(a) any street entered in a register of streets and roads compiled and
maintained by a council; and
"street" includes any bridge, road, avenue, lane, sanitary lane, footway
or causeway and any pavement of footwalk forming part thereof;
"transfer and vesting order" means a statutory order made under section
five or section one hundred and twenty;
PART II
ESTABLISHMENT OF COUNCILS
3. For the purposes of local government, the Minister may, by statutory Establishment
order, establish for any District, a city council, municipal council, of councils and
district council, township council or management board as the case may management
be, and the name of the council or management board shall include the boards
name of the District:
(2) Where a District ceases to exist, a transfer and vesting order made in
respect of the council established for that District shall include provision
for the disestablishment of the council.
(3) Where the name of any District is changed, the name of the council
established for that District shall be changed to conform with that of the
District.
PART III
COUNSTITUTION OF COUNCIL
Councils
7. (1) Subject to the provisions of subsections (1) and (2) of section Corporate name
four, the corporate name of a council shall be such name as may be of council
assigned thereto in the statutory order establishing the council.
8. (1) The common seal of a council shall be such device as may be Seal
prescribed by the Minister by statutory order after consultation with the
council.
(2) A council may use such rubber stamp in lieu of a common seal as the
Minister may approve until such time as a common seal can be
procured.
12. (1) The councillors of a council who are required to be elected shall Election of
be elected in accordance with the provisions of the Local Government Councillors
Elections Act. Cap. 282
13. Subject to sections fourteen and fifteen, the councillors of a council Tenure of office
shall hold office for the duration of the period prescribed under the of Councillors
Local Government Elections Act.
(a) if the holder of the office dies or resigns from his office by notice
in writing addressed to the council; or
(b) if the circumstances arise that, if the holder of the office were not
a councillor would disqualify him for election as such; or
(f) If the holder of the office is, without leave given at any meeting
by resolution of the council of which he is a councillor absents himself
from three consecutive ordinary meetings of the council.
(2) The resignation of any councillor from his office shall take effect
when the notice signifying the resignation is received by the principal
officer of the council.
15. (1) A casual vacancy occurring in the membership of a council shall Filling of casual
be filled in accordance with the provisions of the Local Government vacancies
Elections Act.
(a) for every city or municipal council, a mayor and a deputy mayor;
17. The mayor, deputy mayor, chairman and vice chairman of a council Tenure of office
shall, subject to the provisions of this Act, hold office until his successor of Mayor,
is elected. deputy mayor,
chairman and
vice-chairman
18. (1) The office of the mayor, deputy mayor, chairman or Vacation of
vice-chairman of a council shall become vacant- office
(a) if the holder of the office dies, resigns from his office by notice
in writing addressed to the principal officer of the council; or
(b) if the holder of the office ceases to be a councillor; or
(d) if the holder of the office is, without the leave of the council,
continuously absent from the area of the council for a period of more
than two months; or
(2) The resignation of any person from the office of mayor, deputy,
mayor chairman or vice-chairman of a council shall take effect when the
notice signifying the resignation is received by the principal officer of
the council.
19. (1) On a causal vacancy occurring in the office of a mayor, deputy Filling of casual
mayor, chairman or vice-chairman of a council, a successor shall be vacancies of
elected to fill the vacancy not later than the next ordinary meeting of the mayor or
council held after the date on which the vacancy, or, if that meeting is chairman
held within seven days after that date, then not later than the next during vacancy
following ordinary meeting of the council. or absence
PART IV
PROCEEDINGS OF COUNCIL
22. (1) A council shall hold an ordinary meeting for the transaction of Ordinary and
business not less often than once in every three months at such place, on special
such day and at such time as the council may meetings
appoint:
23. (1) The principal officer of a council shall, not less than twenty-four Notice of
hours before the time appointed for the holding of a meeting of a meetings
council, notify every councillor in writing of the place, day and time of
the meeting and of the business proposed to be transacted at the meeting.
(2) At all meetings of a council, each councillor present shall have one
vote on a question proposed for decision by the council and, in the event
of any equality of votes, the person presiding at the meeting shall have,
in addition to a deliberative vote, a casting vote.
27. (1) If a councillor has any pecuniary interest, direct or indirect, in Disability
any contract, proposed contract or of other matter, and is present at a voting on
meeting of the council at which the contract or other matter is the subject account of
of consideration, he shall, at the meeting, as soon as is practicable after interest in
the commencement thereof, disclose the fact, and shall not take part in contracts
the consideration or discussion of, or vote on any question with respect
to, the contract or other matter.
(2) For the purposes of this section, a person shall be treated as having
indirectly a pecuniary interest in a contract or other matter, if-
Provided that where the share of the company or other body is of more
than one class, this subsection shall not apply if the total nominal value
of all the shares of any one class in which he has a beneficial interest
exceeds one-hundredth part of the total issued share capital of that class
of the company or other body.
(4) In the case of married persons living together, the interest of one
spouse shall, if known to the other be deemed for the purpose of this
section to be also an interest of that other spouse.
(7) If any person fails to comply with the provisions of subsection (1),
he shall for each offence be liable on conviction to a fine not exceeding
four hundred penalty units, unless he proves that he did not know that a
contract, proposed contract or other matter in which he had a pecuniary
interest was the subject of consideration at the meeting.
(9) The Minister may, subject to such conditions as he may think fit to
impose, remove any disability imposed by this section in any case in
which the number of councellors so disabled at any one time would be
so great a proportion of the whole as to impede the transaction of
business, or in any other case in which it appears to the Minister that it is
in the interests of the inhabitants of the area of council that the disability
should be removed.
28. (1) A council may adjourn any meeting of the council from time to Adjournment of
time and from place to place. meetings
29. (1) Subject to the provisions of subsection (2), all meetings of a Admission of
council shall be open to the public. public to
meetings
(2) A council may, by resolution, exclude the public from a meeting
(whether during the whole or any part of the proceedings) whenever
publicity would be prejudicial to the public interest by reason of the
confidential nature of the business to be transacted or for other special
reasons stated in the resolution and arising from the nature of that
business or of the proceedings.
(3) The provision of this section shall be without prejudice to any power
of exclusion conferred by the standing orders of a council for preserving
order at meetings of the council; and nothing in this section contained
shall be construed as requiring a council to permit the taking of
photographs of any proceedings, or the use of any means to enable
persons not present to see or hear any proceedings (whether at the time
or later) or the making of any oral report on any proceedings as they take
place.
30. (1) A council shall cause minutes to be kept in the English language Minutes
of the proceedings at every meeting of the council and shall cause to be
recorded therein the names of the councillors present at that meeting.
(3) Within one month after the minutes of any proceedings of a council
have been confirmed and signed, there shall be furnished to the Minister
such number of copies thereof as the Minister may determine.
PART V
COMMITTEES
31. (1) A council may establish standing and occasional committees Standing and
consisting of such number of members as the council may determine, for occasional
the purpose of examining and reporting on any matter and of committee
discharging any functions of the council delegated to them under this
Act.
(3) A council may abolish any committee, other than the Finance
Committee, established by it under this section.
32. (1) The members of a committee shall be appointed by the council Membership of
from amongst persons who are councillors or are qualified for election committees
as councillors.
Provided that-
33. (1) Meetings of a committee shall be held as required and may be Proceedings of
adjourned from time to time and from place to place. committees
(6) At all meetings of a committee, each member present shall have one
vote on a question proposed for decision by the committee 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.
(b) the right of persons who are members of the committee but not
councillors to inspect the book to be kept under subsection (6) of the
said section shall be limited to an inspection of the entries in the book
relating to members of the committee.
34. (1) A committee shall cause minutes to be kept in the English Minutes
language of the proceedings at every meeting of the committee and shall
cause to be recorded therein the names of the members of the committee
present at that meeting.
Provided that the provisions of this subsection shall not apply to the
minutes of any proceedings the disclosure of which is deemed by the
committee to be prejudicial to the public interest.
35. (1) Subject to the other provisions of this section, a council may Delegation of
delegate, either absolutely or conditionally, to a committee or to any meetings of
officer of the council the power to discharge any function of the council councils to
on behalf of the council. committee.
36. At one of the next two ordinary meetings of a council held after a Reports by
meeting of a committee, the proceedings at the meeting of the committees
committee shall be reported to the council for its consideration or, in the
case of proceedings which relate to the discharge of functions delegated
to the committee, for its information.
37. (1) A committee may, from amongst its members, appoint Sub-committees
sub-committees for the purpose of examining and reporting on any
matter.
PART VI
FINANCE
General
38. The financial year of a council shall be the period of twelve months Financial year
ending on the 31st December in each year.
39. (1) A council shall cause to be prepared and shall adopt estimates Estimates of
(to be called annual estimates) of revenues and expenditure of the revenues and
council and shall, at least sixty days before the commencement of a expenditure
financial year, submit such annual estimates for the approval of the
Minister.
(4) A council shall not incur any expenditure which is not included in
the annual estimates of the council:
Provided that if the annual estimates of the council have not been
approved by the Minister, the council may continue to incur expenditure
on charges which become due in respect of inescapable commitments.
40. (1) All receipts of a council shall be carried to a general fund and all General and
liabilities falling to be discharged by the council shall be discharged out special funds
of that fund.
42. (1) A council shall open and keep in its name a banking account and Banking
may, by resolution open and keep such additional banking accounts as accounts
may be necessary.
(3) A cheque drawn upon any banking account kept by a council shall
be signed by such officers of the council, not being less than two in
number, as may be authorised in that behalf by resolution of the council.
(As amended by Act no. 19 of 1992)
43. (1) A council shall cause true accounts of its revenues and Accounts
expenditure to be kept.
(2) The accounts of a council, together with all books, deeds, contracts,
vouchers, receipts and other documents relating thereto, shall at all
reasonable times be open to the inspection of any councillor and of any
interested person.
(3) The accounts of a council shall be made up and balanced for each
financial year of the council and a summarised statement thereof
certified under the hand of the treasurer of the council shall be presented
to the council at a meeting to be held within six months after the end of
the financial year of the council, or within such longer period as the
Minister may determine.
44. A council may invest any moneys not required for immediate use Investment
in such securities as it may by resolution determine and may, as
occassion requires, realise any investment so made:
45. (1) The Minister may, on such terms and conditions as he may Government
determine, make constituency development grants or loans of money to grants and loans
a council for the purposes of the discharge by the council of any of its
functions.
(3) The Government shall make specific grants to the council concerned
for-
46. The Minister shall, by statutory instrument, make regulations for Financial
the control and management of the finances of councils and in regulations
particular, for-
(c) the form of, and information to be included in, the annual and
supplementary estimates of councils;
Borrowing
47. A council may, borrow such sums of money as may be required for Authority to
the purpose of discharging its functions in all or any of the following borrow and
ways: modes of
(a) by loan under section forty-five; borrowing
49. (1) All moneys borrowed by a council shall be charged on the Security for
general fund of the council and all securities therefor shall rank equally borrowing and
without any priority. priorities of
securities
(2) Nothing in this section shall affect any priority existing at, or any
right to priority conferred by a security created before, the
commencement of this Act.
(3) The interests for the time being payable in respect of any moneys
borrowed by a council shall be a first charge on the general fund of the
council.
51. A person lending money to a council shall not be bound to inquire Lenders
whether the borrowing of the money is or was legal or regular, or relieved from
whether the money raised was properly applied, and shall not be certain inquiries
prejudiced by an illegality or irregularity in the matters aforesaid or by
the misapplication of any such money.
Audit
52. (1) The Minister shall, in respect of each financial year of a council, Appointment
appoint a public officer or other person to be the auditor to the council. and
remumeration
of auditor
(ii) any sum has not been duly brought into account;
54. (1) The auditor to a council may, for the purpose of discharging his Production of
functions- documents and
taking of
evidence
(a) by summons under his hand, require all such persons as he may
think necessary to appear personally before him for examination at a
time and place to be specified in the summons and to produce all such
books, deeds, contracts, vouchers, receipts and other documents relating
to the accounts of the council as may be specified in the summons; and
(b) hear and receive evidence and examine witnesses upon oath or
affirmation, which he is hereby empowered to administer.
55. (1) Before completing his audit of the accounts of a council, the Deposit of
auditor to the council shall, by notice in writing to the principal officer accounts and
of the council, fix a period commencing at least thirty days thereafter representations
and extending for not less than seven days during which representations thereon.
regarding the accounts of the council may be made to him.
(2) During the period fixed under subsection (1) for the making of
representations and for seven clear days preceding the commencement
of such period, the accounts of the council, together with all books,
deeds, contracts, vouchers, receipts and other documents relating to the
accounts of the council, shall be deposited at all the offices of the
council and shall at all reasonable times be open to the inspection of any
interested person.
(3) The principal officer of a council shall, not less than fourteen days
before the deposit of the accounts of the council, give public notice of-
(a) the deposit of the accounts of the council required by this section
and the right to inspect such accounts;
(4) During the period fixed under subsection (I), any interested person
may make representations regarding the accounts of the council to the
auditor to the council-
(a) in writing; or
56. (1) After completing his audit of the accounts of a council and his Report of
investigations, if any, the auditor to the council shall make his report to auditor
the council in pursuance of paragraphs (c) and (d) of section fifty-three.
(2) Within sixty days after the receipt by a council of the report of the
auditor, the council shall take the report into consideration and shall
transmit to the Minister-
(a) a copy of such report, together with the comments of the council
thereon; and
(3) The report of the auditor and the audited summarised statement of
accounts of a council shall, at all reasonable times after copies thereof
have been transmitted to the Minister, be open to the inspection of any
interested person.
(c) surcharge any sum which has not been duly brought into account
upon the person or persons by whom that sum ought to have been
brought into account;
(d) surcharge the amount of any loss or deficiency upon any person
or persons whose negligence or misconduct the loss or deficiency has
been incurred;
(e) certify the amount due from any person upon whom he has made
a surcharge and cause a copy of the certificate to be furnished to such a
person:
58. Any person who is aggrieved by a disallowance or surcharge made Appeals against
by the Minister, where the disallowance or surcharge relates to an disallowances
amount exceeding twenty thousand kwacha, may appeal to the High and surcharges
Court, and may in any other case appeal to the High Court or to a
subordinate court of competent jurisdiction.
(2) The High Court or subordinate court, as the case may be, may, on
such an appeal-
(b) remit the case to the Minister with such directions as it thinks fit
for giving effect to the decision on appeal;
59. (1) Subject to the provisions of subsection (2), the amount of every Payment and
surcharge certified by the Minister to be due from any person shall be recovery of
paid by that person to the council within thirty days after a copy of the surcharges
certificate has been furnished to him, or, if an appeal with respect to the
surcharge has been made, within thirty days after the appeal is finally
disposed of or abandoned or fails by non-prosecution thereof.
60. (1) In addition to the ordinary audit of the accounts of a council Inspections and
required by the foregoing provisions of this part, the Minister may at any extraordinary
time direct that an extraordinary audit of all or any of the accounts of a audits
council be conducted and for that purpose may appoint a public officer
to be the auditor to the council.
(4) The Minister shall, within sixty days of the receipt of the report
under subsection (3), consider the report and shall thereafter take such
action as he may consider appropriate in the circumstances.
(5) The Minister may, at any time, appoint a person to inspect all or any
of the accounts of a council and the provisions of subsection (4) shall
apply accordingly.
(As amended by Act No. 30 of 1995)
PART VII
FUNCTIONS
61. Subject to the provisions of this Act, a council may discharge all or Power to
any of the functions set out in the Second Schedule. discharge
schedule
functions
(b) join with the Government, another council or any other person or
authority in establishing and maintaining the undertaking, service or
facility;
(b) regulate the manner in which such notice shall be published and
tenders invited.
(3) A person entering into a contract with a council shall not be bound to
inquire whether the standing orders of the council which apply to the
contract have been complied with, and all contracts entered into by a
council, if otherwise valid, shall have full force and effect
notwithstanding that the standing orders applicable thereto have not
been complied with.
64. (1) Subject to the provisions of this Act, a council may make Standing orders
standing orders-
(a) for regulating the proceedings and business, and for preserving
order, at meetings of the council, a committee or a
sub-committee;
(2) Standing orders under this section may make provision for the
exclusion of a councillor or member of a committee or sub-committee
from a meeting of the council, committee or sub-committee-
65. (1) A council may acquire any land by agreement whether by way Acquisition of
of purchase, lease, exchange or gift. land
(2) Where the acquisition by a council of any land under the powers Cap. 189
conferred by subsection (1) is being hindered by reason of the inability
of the parties to agree on the terms thereof or any other cause, the
President may, on application by the council and on being satisfied that
the land is land to which the Lands Acquisition Act applies and that its
acquisition by the council is necessary or expedient-
66. (1) A council may accept, hold and administer any gift of property Acceptance of
for any local public purpose, or for the benefit of the inhabitants of the gifts of property
area or any part of the area of the council, and may execute any works
(including works of maintenance or improvement) incidental to or
consequential on the exercise of the powers conferred by this section.
(2) Where the purposes of the gift are purposes for which the council is
empowered to expend money raised from a rate, the council may,
subject to any condition or restriction attaching to the exercise of that
power defray expenditure incurred in the exercise of the powers
conferred by subsection (1) out of money so raised.
67. (1) Subject to the provisions of this section, a council may sell, let Disposal of
or otherwise dispose of any property of the council. property
Provided that, where the council intends to sell a council asset, the
council shall, before conducting the sale, cause a valuation of the asset
to be carried out by the department of the Government responsible for
property valuations or by a valuer approved by the Minister.
(2) A council shall not sell, let for a period of fourteen years or more,
or otherwise dispose of, any land or building except with the approval
of the Minister.
(As amended by Act No. 30 of 1995)
67A. Notwithstanding anything to the contrary contained in any Restriction
written law, where any judgment or order has been obtained on
execution
against a council, no execution or attachment or process of any against
nature, shall be issued against the council or against any property property
of the Council, but the Town Clerk or Council Secretary, as the of council
case may be, shall cause to be paid out of the revenue of the
council such amounts of money as may, by the judgment or order,
be awarded against the council to the person entitled to the money.
(As amended by Act No. 9 of 2004)
68. (1) A council may, with the approval of the Minister, make grants Grants and
or loans of money- loans by
councils
69. (1) A council may, make by-laws imposing all or any of the Imposition of
following levies: levies
(4) The amount of any levy which is not paid shall be recoverable by the
council as a civil debt.
(a) any person apparently of or above the age of eighteen years; and
70. (1) A council may impose fees or charges payable to the council- Imposition of
other fees and
charges
(a) for any licence or permit issued under any by-law or regulation
made under this Act;
(2) All fees and charges imposed by a council under the section shall be
regulated by by-law or, if not so regulated, may be imposed by
resolution of the Council:
Provided that a council shall not impose any fees or charges in respect of
owners rates and personal levy without the prior approval of the
Minister.
(As amended by Act no 19 of 1992)
71. (1) A council may, with the approval of the Minister- Power to pay
certain fees,
allowances and
expenses
(2) A council may, with the approval of the Minister, pay to the mayor
or chairman of the council during his year of office such allowance as it
thinks reasonable.
72. (1) A council may, with the approval of the Minister establish, Pensions and
maintain, control and contribute to any pension, provident or benevolent gratuities for
fund intended for the benefit of its officers and their dependants and officers,
may, from any such fund, grant, pensions and gratuities to its officers on employees and
their retirement from the service of the council and to the dependants of dependants
deceased officers.
Provided that the aggregate of the pension payable from the fund and the
additional or increased pension or gratuity payable under this subsection
shall not exceed the amount which would have been payable had the
whole service of the officer or deceased officer been service in relation
to which a pension or gratuity was payable from the fund.
73. (1) Subject to the provisions of this section, a city council or Aldermen
municipal council may-
(a) appoint to the dignity of alderman any person who has held
office as a councillor of that council for a period or periods amounting in
the aggregate to not less than ten years;
(2) During any time when the number of councillors who are aldermen
equals or exceeds one third of the whole number of councillors of which
a council consists, no further appointment of aldermen may be made
from persons who are councillors.
(4) Every person who immediately before the first of January, 1981,
was an alderman of a city council or municipal council shall be deemed
to have been appointed to that dignity under this Act.
74. (1) Subject to the provisions of this section a city council or a Freeman
municipal council may-
75. The Minister may, by statutory order confer upon any council Power of
power not otherwise conferred upon such council by this Act or any minister to
other written law, which the Minister considers necessary or desirable, confer
in the interests or for the well-being of the inhabitants in, or for the good additional
rule and government of, the area of such council, for such council to functions on
have. council
PART VIII
76. (1) Subject to the provisions of this Act, a council may make Power to make
by-laws for the good rule and government of its area and, more by-laws
particularly-
(a) for controlling any of the things which, and any of the persons
whom, it is empowered by or under this Act to control;
(c) for requiring or compelling the doing of any of the things which
it is empowered by or under this Act to require or compel;
(2) A by-law made by a council under this Act may make different
provisions with respect to different parts of the area of of the council,
different classes of persons, different classes of things and different
circumstances.
77. Every by-law made by a council under this Act shall be in the Language of
English language: by-laws
79. (1) A by-law made by a council under this Act may prescribe Penalties
penalties for any contravention of such by-law, not exceeding-
80. Nothing in this Act contained shall be construed as empowering a By-laws not to
council to make any by-law which is in conflict with or derogates from conflict with other
written laws
the provisions of any other written law; and to the extent that any by-law
conflicts with or derogates from the provisions of any other written law,
it shall be void.
81. (1) For at least thirty days before application is made to the Minister Notice of by-laws
for confirmation of a by-law, a copy of the by-law shall be deposited at and objection
thereto
the offices of the council and shall, at all reasonable times, be open to
the inspection of any interested person.
(2) The principal officer of a council shall, at least thirty days before
application is made for confirmation of a by-law, give public notice of-
(b) the deposit of the by-law required by this section and the right to
inspect such by-law;
82. (1) No by-law made by a council under this Act shall have the force Confirmation of
of law until it has been confirmed by the Minister. by-laws
(3) Before confirming any by-law made by a council, the Minister shall
take into consideration any objections lodged and the comments of the
council thereon.
(4) The Minister may refuse to confirm any by-law submitted to him or
may confirm the by-law in whole or in part, or with such modifications
as appear to him to be advisable and not opposed to the true spirit and
intent of the by-law.
83. (1) Subject to the provisions of this section, the Minister may, by Power of Minister
statutory order, amend or revoke any by-law by a council under this Act. to amend or revoke
by-laws
Regulations
84. (1) The Minister may, by statutory instrument, make regulations for Power to make
any purpose for which, and to the same extent to which a council is regulations
empowered by or under this Act to make by-laws or standing orders.
(2) Regulations made under subsection (1) shall have the force of law
only in the areas to which they are applied in pursuance of section
eighty-five and, if any regulations so applied to any area are amended or
revoked by subsequent regulations made under subsection (1), the
subsequent regulations shall have the force of law in that area only to the
extent that they are applied thereto in pursuance of section eighty-five.
85. After consultation with a council, the Minister may, by statutory Application of
order- regulations
86. In so far as regulations made under section eighty-four which apply Regulations to
in the area of a council conflict with or derogate from the provisions of prevail over
by-laws or
any by-laws or standing orders made by the council under this Act, the standing orders
regulations shall prevail.
87. Any reference in any other written law to by-laws or standing Reference in other
orders made by a council under this Act shall, unless the context written law
otherwise requires, be construed as including a reference to regulations
made under section eighty-four which apply in the area of the council.
PART IX
(ii) after due inquiry held under section one-hundred and twenty,
dissolve the council after receiving prior approval of the
President, and direct the holding of elections within ninety days
from the date of the dissolution.
89. (1) An order made under section eighty-eight shall, unless sooner Revocation of
revoked, expire after ninety days from the date of making thereof: appointment order
90. Subject to regulations made under this Part, a council shall have Councils may
power to- appoint staff
(a) appoint officers and other employees for the purpose of assisting
the council in carrying out its functions;
(b) discipline any officer or employee.
91. (1) A council may, upon receiving a request from another council, Secondment to
second an officer to that council for such period and on such terms and another council
conditions as may be agreed between the council and the council
requesting the secondment.
92. (1) The Minister may, by statutory instrument, make regulations Regulations
governing service with a council and the powers and duties of councils
with regard to their officers and employees.
(3) Regulations under this section may make different provisions for
different categories of councils and different categories of officers or
employees.
93. (1) The Minister may, by statutory order, establish a provincial Establishment of
local government appeals board in each Province which shall consist of provincial local
government
a Chairman and not less than three nor more than seven other members. appeals boards
(2) The members of a board shall be appointed by the Minister and shall
serve on a part-time basis.
(c) he is a councillor;
(4) One of the members of the board shall be appointed by the Minister
as Chairman of the board.
94. (1) Subject to the other provisions of this section- Provisions relating
to the office of
member
(a) a member of a board shall hold office for a term of two years and
shall be eligible for re-appointment for such term, and shall serve on
such terms and conditions, as the Minister may determine;
(2) A member may be removed from office by the Minister only for
inability to discharge the functions of his office, arising from infirmity
of body or mind or any other cause, or for misbehaviour.
(3) If the office of the Chairman is vacant or if the person holding that
office is for any reason unable to perform the functions of that office,
then, until a person has been appointed to, and has assumed the
functions of, that office or until the person holding that office has
resumed those functions, as the case may be, those functions shall be
performed by such one of the other members as may be designated in
that behalf by the Minister.
(4) A member shall not be eligible for appointment to any post in the
service of a council for a period of twelve months after he has ceased to
be a member.
95. A member shall be paid such allowances as the Minister may Allowances
determine.
(As amended by Act No. 30 of 1995)
96. The Provincial Local Government Officer shall be the secretary of Secretary
the provincial local government appeals board.
(As amended by Act No. 30 of 1995)
98. (1) Every member of a board shall, on appointment but before Oath of office
assuming office, take an oath in the form set out in the Third Schedule.
(2) Where any person is required to take an oath under this section and-
(2) The decision of a board shall be binding upon the council and the
officer or employee, subject to an appeal to a court of competent
jurisdiction.
(As amended by Act No. 30 of 1995)
100. (1) Any decision of a board shall require the support of a majority Performance of
vote of all the members present at that meeting of the board: functions of boards
Provided that-
(a) if upon any question the votes of the members are equally
divided, the Chairman shall have a casting vote;
(2) The quorum of a board shall be not less than one-half of all the
members.
101. Any person who, in connection with the exercise of any function of Offence of
supplying false
a board, wilfully gives to a board or any member thereof, any information
information which he knows to be false or misleading in any material
particular shall be guilty of an offence and shall be liable upon
conviction to a fine not exceeding six thousand penalty units or to
imprisonment for a term not exceeding two years, or to both.
(As amended by Act No. 30 of 1995)
103. (1) No person shall, without the consent in writing given by or on Unauthorised
behalf of a council or a board, publish or disclose to any person, disclosure of
information
otherwise than in the course of his duties, the contents of any document,
communication or information which relates to and which has come to
his knowledge in the course of his duties under this Act.
(3) If any person having 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 exceeding six thousand penalty units or to imprisonment for a term
not exceeding one year, or to both.
(As amended by Act No. 30 of 1995)
104. Any person who otherwise than in the course of his duties directly Offence to
or indirectly by himself or by any other person in any manner influence or
attempt to
whatsoever influences or attempts to influence any decision of a board influence board
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 exceeding two years, or to both:
Provided that nothing in this section shall prohibit any person from
giving a certificate or testimonial to any applicant or candidate for any
office or prohibit any person from supplying any information or
assistance upon formal request made by a board.
(As amended by Act No. 30 of 1995)
106. No prosecution shall be instituted in respect of any offence under Fiat of Director of
section one hundred and four or section one-hundred and five except by, Public
Prosecutions
or with the consent of, the Director of Public Prosecutions.
PART XI
FIRE SERVICES
PART XII
MISCELLANEOUS PROVISIONS
(2) A deed shall be deemed to have been duly executed by the council if
the common seal of the council be affixed thereto in the presence of, and
attested by, one councillor and either the principal officer of the council
or any other officer of the council authorised in that behalf by resolution
of the council.
109. (1) Whenever, by or under this Act, it is provided that a document Inspection of
shall be open to the inspection by any person or class of persons. documents
(a) any such person may, without payment, take copies thereof or
make extracts therefrom;
(b) the council may supply a copy thereof or any extract therefrom
to any such person on payment of such charge, if any, as may be
imposed under this Act.
111. (1) Where this Act or any other written law authorises or requires Service of
any document to be served upon a council, such document shall be documents
deemed to have been effectively served if served-
(a) personally upon the principal officer of the council or any other
person empowered by the principal officer of the council to
accept service on behalf of the council; or
(2) Where this Act or any other written law authorises or requires a
council to serve any document on any person such document shall be
deemed to have been effectively served if served-
(b) by post addressed to the person at the last address known to the
council; or
(d) where for any reason it is not possible to effect service of the
document in any of the manners described in paragraphs (a), (b)
and (c) by publication of a copy of the document in the Gazette
and in at least one newspaper circulating in the area of the
council.
112. (1) A council may institute criminal proceedings against any Legal proceedings
person before a subordinate court in respect of a contravention of this
Act within its area, or any by-law of the council, alleged to have been
committed by that person.
(4) For the purposes of this section "subordinate court" means any court Cap. 28
established or recognised under the Subordinate Courts Act or the Local Cap. 29
Courts Act.
(b) the meeting to which the minutes refer having been duly
convened or held; or
(2) The books and registers of a council and any copy of or extract
therefrom duly authenticated shall, in any proceedings for the recovery
of any amount alleged to be due to the council, be prima facie evidence
of the amounts so due.
115. (1) Any police officer may arrest without warrant any person upon Power of arrest
reasonable suspicion of his having committed a contravention of this
Act.
116. An officer or employee of a council shall not be personally liable Protection for
in respect of any act done by him in the execution or purported officers and
employees of
execution of this Act or any other written law and within the scope of his council acting in
employment, if he did that act in the honest belief that his duty under this good faith
Act or that written law required or entitled him to do it:
Provided that nothing in this section shall be construed as relieving a
council from any liability in respect of acts of its officers or employees.
118. (1) There shall be appointed for each Province a public officer Provincial and
styled the Provincial Local Government Officer and there may be District Local
Government
appointed for any District a public officer styled the District Local Officers
Government Officer.
119. (1) Whenever the Minister is authorised to approve, confirm or Powers of Minister
determine any matter for the purposes of this Act, then unless the to approve,
confirm or
context otherwise requires, the Minister may- determine matters
120. (1) The Miniter may, for the better discharge of any of his Inquiries
functions under this Act, appoint a person or persons to inquire into any
matter relating to the discharge of those functions and, on the
completion of the inquiry, to report and make recommendations thereon
to the Minister.
(2) The provisions of the Inquries Act shall apply in relation to any
person appointed under this section as if those persons were
commissioners appointed by a commission issued under that Act and
references in that Act to commissioners and a commission shall be
construed accordingly.
PART XIII
121. (1) Parts IX, X, XI, XII and XIII of the Local Administration Act Repeal and
are hereby repealed. transitional
provisions Act No.
15 of 1980
(2) On the establishment of a council for a District under this Act the
remaining provisions of the Local Administration Act shall cease to
have effect in or in relation to that District as if they had been repealed in
relation thereto; and when a council has been established under this Act
for every District in Zambia the Minister shall, by statutory order
declare the remaining provisions of the Local Administration Act to
have expired.
(3) Where a council is established for a District under this Act, the
Minister shall, by a transfer and vesting order, make such provisions as
may be, made in accordance with the First Schedule as is necessary and
appropriate for the vesting in the new council the property, rights and
obligations of the council established for that District by the Local
Administration Act, for the transfer of staff and for any other matter as
may be necessary or expedient for winding up the affairs of the council
established under the Local Administration Act and its succession as the
local government authority of the council established by this Act.
(4) A transfer and vesting order under this section may be made in
respect of any one council established by this Act or in respect of any
class or classes of such councils.
(c) a District ceased to exist, the Minister may, by statutory order (in
this Act referred to as a transfer and vesting order), make any
such provision as may be made in accordance with the First
Schedule for such changes as are necessary or appropriate as
regards the constitution, property, rights, obligations and staff of
and any other matter relating to, any council affected by a
change in its area, any new council or any council established for
a District which ceases to exist.
(6) Where a District ceases to exist, a transfer and vesting order made in
respect of the council established for that District shall include provision
for the disestablishment of the council.
(7) Where the name of any District is changed, the name of the council
established for that District shall be changed to conform with name of
the of the District.
122. Notwithstanding that the Local Administration Act shall have Savings
ceased to have effect in, or in relation to a District, or its repeal-
(a) any regulations, by-laws, rules or orders made or deemed to have
been made under the said Act and having force and effect
immediately before the commencement of this Act or, as the
case may be, before the establishment of a council under this Act
for the relevant District, shall, in so far as they are not
inconsistent with this Act and subject to their amendment or
revocation by a comparable authority under this Act, continue in
force and effect within the same territorial limits, and shall be
deemed to have been made by the successor, or a comparable,
authority under this Act;
(b) any standing orders regulating the duties and procedure of a
council established under the Local Administration Act or the
staff of such a council and having force and effect as provided in
paragraph (a), shall subject to their amendment or revocation by
a council established under this Act for the same District council
established under this Act for the same District, be deemed to the
standing orders of the council established under this Act;
(c) any licence or permit issued by, or any registration affected by, a
council established under the Local Administration Act under
any written law and having force and affect as provided in
paragraph (a), shall be deemed to have been issued, or affected
by the council for the same District established under this Act.
123. (1) The amendment of section nine by the Local Government Savings and
(Amendment) Act, 1995, shall not discontinue or otherwise affect the transitional
provisions
existence of any council, or affect the tenure of any councillor holding consequent on the
office immediately before that Act came into operation; and any such enactment of Act
councillor shall, on the commencement of that Act, be deemed to hold No. 30 of 1995
office under paragraph (c) of subsection (1) of that section, as amended
by that Act.
1. In this Schedule- "predecessor: means, as the case may require, a council established
under the Local Administration Act, or a council established under this Act for a District
which has ceased to exist or whose area has been decreased by changes in the area of the
District, and
"Successor" means, as the case may require, a council established under this Act for the
same District as a council established under the Local Administration Act or for a District
which has ceased to exist or whose areas has been increased by changes in the area of the
District.
2. A transfer and vesting order may make provisions for-
(a) the transfer to the successor of the funds, accounts investments and other property of the
predecessor;
(b) the transfer to the successor of any rights, liabilities and obligations of the predecessor;
Provided that in any case where an order is made as a result of a change in the areas of the
predecessor and the successor, any transfer of the kind mentioned in paragraph (a) or (b)
shall be commensurate with the changes involved;
(c) the substitution of the successor for the predecessor in any legal proceedings;
(d) in any case in which both predecessor and successor are continuing councils, the
payment of compensation, or of any contribution, by the successor to the prodecessor, or
the giving of guarantees by the one to the other;
(e) the transfer of staff and provisions for the transfer of superannuation benefits:-
(f) the preservation and transfer into proper custody of the record of a council.
3. In the case of a transfer and vesting order made under section five the order may also-
(a) provide for the alteration of the constitutions of councils concerned; and
(b) where any council ceases to exist, make the like provision as is made in section one
hundred and twenty-two.
SECOND SCHEDULE
(Section 61)
FUNCTIONS OF A COUNCIL
1. To establish and maintain offices and buildings for the purpose of transacting the General
business of the council and for public meetings and assembles. administration
2. To insure against losses, damages, risks and liabilities which the council may incur.
3. To maintain law and order and ensure national security and the good administration of
the council.
4. To prohibit and control the erection and display of advertisements and advertising Advertisements
devises in, or in view of, streets and other public places.
20. To prepare and administer schemes for the encouragement of and participation in, Community
community development. development
21. To establish and maintain a system of lighting in streets and other public places.
22. To establish and maintain firefighting and prevention services, and to take and require
the taking of measures for the protection of life, property and natural resources from
damage by fire.
23. To control persons and premises engaged in or used for the manufacture, preparation,
storage, handling, sale or distribution of items of food or drink.
24. To brew beer.
25. To establish and maintain premises for the sale, of and to sell therefrom, items of food
and drink (including beer and other intoxicating liquor) for consumption on or off the
premises.
26. To establish and maintain catering services.
27. To erect, purchase and maintain buildings used as dwellings or clubs and, where it is in
the public interest, for use for business or professional purposes.
28. To erect, purchase and maintain buildings and facilities and encourage the erection of
dwellings needed for the accommodation of persons residing within the area of the council
29. To prohibit and control the development and use of land and buildings and the erection
of buildings, in the interests of public health, public safety, and the proper and orderly
development of the area of the council.
30. To control the demolition and removal of building and to require the altering demolition
and removal of buildings which-
(a) do not conform to plans and specifications in respect thereof approved by the council;
and or
(b) are a danger to public health or public safety.
31. (1) To require the statutory leaseholder or occupier of land to do any of the following
acts-
(a) to remove, lower or trim to the satisfaction of the council any tree shrub or hedge
over-hanging or interfering with traffic in any street or with any wires, or with works of the
council.
(b) to remove any dilapidated fence or structure abutting on any public street or place.
(c) to paint, distemper, whitewash or colourwash the outside walls or roof of any building
forming part of the premises;
(d) to tidy the premises; and
(e) to remove from the premises any unsightly debris, including derelict vehicles.
(2) To provide space no which debris and derelict vehicles may be deposited.
(3) To prohibit, control and require the fencing of land to control the use of barbed wire and
other dangerous materials for fencing.
(4) In the event of the statutory leaseholder or occupier failing to comply with a notice from
the council requiring him to perform any of the acts specified in sub-paragraph (1), to
undertake the work and charge the statutory leaseholder or occupier with the cost thereof.
32. To assign names to localities and numbers to premises and to require the number
assigned to any premises to be displayed thereon.
33. To establish and maintain parks, zoos, gardens, pleasure grounds, camping grounds, Public
caravan sites and open spaces. amenities
34. To plant, trim and remove trees, shrubs and plants in streets and other public places; and
to prohibit and control the planting, camping, destruction and removal of trees, shrubs, and
plants in streets and other public places.
35. To establish and maintain swimming baths and bathing places.
36. To establish and maintain art galleries, libraries, museum and film services.
37. To establish and maintain social and recreational facilities and public entertainments.
44. To control persons, premises and land engaged in or used for the holding of any fair, Public
circus, fete or other entertainment, recreation or assembly to which the public are entitled or Order
permitted to have access, whether on payment or otherwise.
45. To prohibit or control the collection of money from door to door and in streets and other
public places.
46. To preserve public decency.
47. To prevent damage and trespass to property, whether public or private.
48. To establish and maintain public information services; and to advertise and give
publicity to the advantages and amenities of the area of the council.
50. To establish and maintain sanitary convenience and ablution facilities, and to require, Sanitation
whenever necessary, the establishment and maintenance of such facilities. and
51. To establish and maintain sanitary services for the removal and destruction of, or drainage
otherwise dealing with, all kinds of refuse and effluent, and compel the use of such
services.
52. To establish and maintain drains, sewers and works for the disposal of sewerage and
refuse.
53. To take and require the taking of measures for the drainage of water.
54. To require and control the provision of drains and sewers and to compel the connection
of any drains and sewers established by the council.
55. To prohibit and control the carrying on of offensive, unhealthy or dangerous trade.
56. To establish and maintain weighing machines.
57. To sell products and by-products resulting from the carrying on of any of the
undertakings or services of the council.
58. To establish and maintain the business of-
(a) manufacture;
(b) wholesale; and
(c) retailer.
59. To undertake mining operations.
60. To provide and maintain supplies of water and, for that purpose, to establish and
maintain waterworks and water mains.
61. To take and require the taking of measures for the conservation and the prevention of
the pollution of supplies of water.
62. With the consent of the Directors of Postal and Telecommunication Services, and
subject to such conditions as they may impose, to establish and maintain postal services.
63. To establish and maintain twin-town contacts.
THIRD SCHEDULE
(Section 98(1))
I,
having been appointed as Chairman\member of the Provincial Local Government Appeals
Board do swear that I will, without fear or favour, affection or ill will, discharge the
functions of the office of Chairman\member of the Provincial Local Government Appeals
Board, and that I will not, directly or indirectly reveal any matters relating to such functions
to any unauthorised person or otherwise than in the course of my duties.
SO HELP ME GOD
Sworn\Declared before me this day of ....................................
...........................19...........
Judge
SUBSIDIARY LEGISLATION
PART I
E STABLISHMENT OF C OUNCILS
2. The city councils, municipal councils and district councils set out in Establishment
the Schedule to this Order are hereby established for the respective of Councils
Districts specified in that Schedule.
PART II
T RANSFER AND V ESTING OF P ROPERTY R IGHTS AND O
BLIGATIONS
"Successor" means a council established under the Local Government Act No. 15 of
Act for the same district as a council established under the Local 1980
Administration Act, 1980, which councils are set out in the Schedule to
this Order.
4. (1) From the commencement of this Order there shall be transferred Transfer and
to and vest in the Successor by virtue of this Order and without further vesting of assets
assurance- and liabilities
(c) for any reference to any other officer of the Predecessor not
being a party thereto and beneficially interested therein, there
were substituted, as respects anything falling to be done on or
after the date of publication of this Order, a reference to such
officer of the Successor as the Successor shall designate.
5. (1) Every former council employee who before the date of Transfer of
publication is in the service of the Predecessor shall be deemed to be an employees of
employee of the Successor, unless within six months of that date he Predecessor
gives a written notice to the Local Government Service Commission
with a copy thereof to the Successor stating his intention not to transfer
to the service of the Successor and any person who has given such notice
shall be retired in the public interest and shall be entitled to be paid all
his terminal benefits.
(2) Where any person who was in the service of the Predecessor
transfers to the service of the Successor under sub-paragraph (1), his
terms and conditions of service with the Successor shall be no less
favourable than those he enjoyed while in the service of the Predecessor,
and his previous service with the Predecessor shall be treated as service
under the Successor for the purposes of determining his rights, or
eligibility, leave or service under the Successor for the purposes of
determining his rights, or eligibility, leave or other benefits.
(2) The officer referred to in subsection (1) shall make such entries in
the appropriate register as shall give effect to such transfer and, where
appropriate, issue to the transferee concerned a certificate of title in
respect of the said property or make necessary amendments to the
register, as the case may be, and if presented therefore, make
endorsement on the deeds relating to the title, right or obligation
concerned; and no registration fees, stamp duty or other duties shall be
payable in respect thereof.
7. (1) Without prejudice to the other provisions of this Act where any Legal
right, liability or obligation vests in the Successor by virtue of this Order proceedings
the Successor and all other persons shall as from the date of publication
of this Order have the same rights, powers and remedies (and in
particular the same rights as to the instituting or defending of legal
proceedings or the making or resisting of applications to any authority
or for ascertaining, perfecting or enforcing that right, liability or
obligation as they would have had if it has at all times been a right,
liability or obligation of the Successor.
A City Councils
1. Lusaka Urban Lusaka City Council
2. Ndola Urban Ndola City Council
3. Kitwe Kitwe City Council
4. Livingstone Livingstone City Council
B Municipal Councils
5. Chingola Chingola Municipal Council
6. Mufulira Mufulira Municipal Council
7. Luanshya Luanshya Municipal Council
8. Kalulushi Kalulushi Municipal Council
9. Kabwe Urban Kabwe Municipal Council
10. Chililabombwe Chililabombwe Municipal
Council
11. Kasama Kasama Municipal Council
12. Chipata Chipata Municipal Council
13. Mongu Mongu Municipal Council
14. Solwezi Solwezi Municipal Council
15. Mansa Mansa Municipal Council
16. Choma Choma Municipal Council
17. Mazabuka Mazabuka Municipal Council
18. Mbala Mbala Municipal Council
C District Councils
19. Gwembe Gwembe District Council
20. Kalomo Kalomo District Council
21. Namwala Namwala District Council
22. Monze Monze District Council
23. Luangwa Luangwa District Council
24. Sesheke Sesheke District Council
25. Senanga Senanga District Council
26. Kalabo Kalabo District Council
27. Lukulu Lukulu District Council
28. Kaoma Kaoma District Council
29. Mumbwa Mumbwa District Council
30. Chibombo Chibombo District Council
31. Mkushi Mkushi District Council
District Council
C District Councils-(continued)
32. Serenje Serenje District Council
33. Petauke Petauke District Council
34. Katete Katete District Council
35. Chadiza Chadiza District Council
36. Lundazi Lundazi District Council
37. Chama Chama District Council
38. Isoka Isoka District Council
39. Chinsali Chinsali District Council
40. Mpika Mpika District Council
41. Mporokoso Mporokoso District Council
42. Kaputa Kaputa District Council
43. Luwingu Luwingu District Council
44. Chilubi Chilubi District Council
45. Samfya Samfya District Council
46. Mwense Mwense District Council
47. Kawambwa Kawambwa District Council
48. Nchelenge Nchelenge District Council
49. Mwinilunga Mwinilunga District Council
50. Kabompo Kabompo District Council
51. Kasempa Kasempa District Council
52. Mufumbwe Mufumbwe District Council
53. Zambezi Zambezi District Council
54. Ndola Rural Ndola Rural District Council
55. Kafue Kafue District Council
56. Kapiri Mposhi Kapiri Mposhi District
Council
57. Nakonde Nakonde District Council
58. Nyimba Nyimba District Council
59. Siavonga Siavonga District Council
60. Sinazongwe Sinazongwe District Council
61. Masaiti Masaiti District Council
62. Lufwanyama Lufwanyama District Council
63. Mpongwe Mpongwe District Council
64. Mungwi Mungwi District Council
65. Chienge Chienge District Council
(As amended by S.I. Nos. 104 of 1992, 51 of 1993, 154 and 164 of 1996, and
30 and 62 of 1997)
PART I
PRELIMINARY
Regulation
1. Title
2. Interpretation
3. Application
4. Contracts of service
PART II
A A
DMINISTRATION AND PPOINTMENTS TO THE L OCAL G OVERNMENT
S ERVICE
5. Qualifications
6. Notification of local government offices
7. Constitution of local government office
8. Abolition of local government office
9. Notification of vacancies
10. Advertisements
11. Procedure and forms
12. Selection of candidates
13. Recruitment outside Zambia
14. Criterion for appointments
15. Disqualification for appointment
16. Probation
17. Date of promotion
18. Renewal of contract
19. Retirement
20. Duties and responsibilities of local government officers
21. Duties of local authorities
22. Transfers
PART III
D ISCIPLINE
Regulation
23. Disciplinary control to be prompt
24. Disciplinary proceedings in appropriate cases
25. Interdiction of an officer
26. Suspension of disciplinary proceedings
27. Suspension after conviction
28. Disciplinary proceedings after conviction
29. Procedure after acquittal
30. Institution of disciplinary proceedings
31. Formal disciplinary proceedings
32. Summary disciplinary proceedings
33. Punishments
34. Reports and records of disciplinary proceedings
35. Appeals
36. Application of Part III to officers serving on contract or
agreement
PART IV
M CEETINGS OF OMMISSION
PART V
M ISCELLANEOUS
PART I
P RELIMINARY
4. With effect from the 6th September, 1991, any contract of service Contracts of
entered into prior to that date between a local government employee and service
a local authority shall be deemed to have been made between such
employee and the Commission and the provisions of these Regulations
shall apply to such contracts:
Provided that any such local government employee shall not be subject
to any condition of service which is less favourable to him than any
corresponding conditions which applied to him immediately before the
said date.
PART II
A A
DMINISTRATION AND PPOINTMENTS TO THE L OCAL G OVERNMENT
S ERVICE
5. A person shall not be appointed to any of the following posts unless Qualifications
he holds the qualifications set out against such post.
Post Qualifications
(i) Principal Officer (Town Clerk, Township Manager or (a) He is a fellow or associate of the Institute of Local
District Manager) Government Administrators of Zambia;
(b) He is admitted or, is qualified to be admitted as an
advocate of the High Court for Zambia;
(c) He is a holder of a university degree in economics,
political science, public administration or disciplines
acceptable to the Commission, with at least three
years' experience in general administration of a local
authority or a comparable organisation; or
(d) He holds such qualifications as the commission may in
any particular case approve.
(ii) Director of Administration He is a holder of a university degree in
economics, political science, public
administration or disciplines acceptable to
the Commission, with at least three years'
experience in general administration of a
local authority or a comparable
organisation.
(iii) Director of Finance (a) He is a member of the Chartered Institute of Public
Finance and Accountancy;
(b) He is a member of the Zambia Association of
Accountants;
(c) He is a member of the Chartered Institute of
Secretaries and Administrators with at least three
years' experience in a supervisory capacity in a local
authority treasury department or other comparable
organisation; or
(d) He is a holder of such other qualifications as the
Commission may, in a particular case, approve.
(iv) Director of Public Health (a) He is duly registered as a medical practitioner in Cap. 297
accordance with the provisions of the Medical and
Allied Professions Act; or
(b) He is a holder of a diploma in public health or such
other qualifications as the Commission, after
consultation with the Minister responsible for health,
may by statutory order, prescribe.
(v) Deputies He is a holder of such qualifications as those
stipulated for each position under these
Regulations.
(vi) Director of Housing and Social Services (a) He is a holder of a University degree in one of the
Social Sciences with at least three years' experience
in a supervisory capacity in a housing and social
services department of a local authority or other
comparable organisation.
(vii) Director of Legal Services (b) He is admitted or is qualified to be admitted as an
advocate of the High Court for Zambia.
6. Once in every year, the Commission shall, with the approval of the Notification of
Minister, publish a list of all local government offices. local
government
offices
8. An application for the abolition of any local government office shall Abolition of
be made to the Commission by the principal officer and every such local
application shall state- government
(a) the reason why it is considered desirable that the office should be office
abolished; and
(b) such other details as the Commission may require.
11. (1) The Commission shall determine the procedure to be followed Procedure and
in dealing with applications for appointment to the local government forms
service and shall also determine the forms to be used in connection with
the discharge of its functions.
(2) The Commission in exercising its powers under the Act and these
Regulations may-
(a) consult with any other person or persons or organisation; or
(b) invite any person considered by the Commission to be an expert
on any subject on which it wishes to be advised, and to sit
together with it in considering the subject in question.
13. Where it appears to the Commission that it is not feasible to recruit Recruitment
a suitable candidate from within Zambia for any office, the Commission outside Zambia
may cause to be prepared, a relevant indent on the appropriate form,
which will be transmitted to such Missions of Zambia in foreign
countries as the Commission considers fit, for publication in any
newspapers of these countries, prior to the actual selection of candidates
for appointment.
(2) Where any office in the local government service is vacant only
persons satisfying any scheme of service which lays down the
qualification for any such office shall be qualified for appointment to
such office.
15. (1) No person who has been convicted of an offence involving Disqualification
moral turpitude or any other offence which affect the integrity of the for appointment
local government service, or who has been dismissed from the civil
service or the local government service shall be appointed to an office in
the local government service except with the prior approval, in writing,
of the Minister.
(4) Any person who, having a family relationship with either a member
of the Commission or any of its staff, fails to disclose such relationship
at the time of making any application to the Commission, shall be
disqualified from any office in the local government service.
16. (1) Where any person is appointed to any office in the local Probation
government, otherwise than by promotion or transfer, on permanent
terms he shall before being confirmed in such office, serve on probation
for a period of two years or for such other period as the Minister may
determine for a particular office.
17. (1) Where any local government officer is appointed to any local Date of
government office on promotion, the effective date of his promotion to promotion
such office shall, subject to the provisions of sub-regulation (2), be
determined by the appointing authority.
(2) The appointing authority shall not fix as a date of promotion a date
which is earlier than the last of the following dates:
(a) the date on which the vacancy occurred;
(b) the date upon which the officer became qualified for promotion;
or
(c) the date upon which the officer assumes the functions of the
office:
Provided that the appointing authority may, having regard to the special
circumstances of any particular case, fix a date earlier than the date
mentioned in paragraph (c), as the date of promotion.
18. (1) The principal officer, shall, six months before the expiry of any Renewal of
officer's contract of service, inform the Secretary accordingly stating in contract
particular as to whether the officer in question has indicated in writing,
his willingness to renew his contract.
(2) Where the serving officer in question has indicated in writing his
willingness to renew his contract, the renewal shall be treated as an
application for re-appointment.
(3) The procedure for appointment or re-appointment in this case shall
be the same as is provided for in these Regulations.
19. (1) Where the Commission proposes to retire any local Retirement of
government officer from service on any of the grounds provided for in officers
the Local Authorities Superannuation Fund Act, it shall inform the Cap. 284
officer that-
(a) it intends to retire him compulsorily from the service; and
(b) that the officer is entitled to make a representation to the
commission through his principal officer, within such period as
may be specified by the Commission against his proposed
retirement.
(2) Where any such representation is made the principal officer shall
forward the same to the Secretary together with his own comments
thereon.
20. (1) Every local government officer shall faithfully serve, aid and Duties and
assist the local authority under which he holds an office or which he is responsibilities
attached, posted or transferred, to carry out and obey all lawful orders of of local
that authority and perform the functions of his office impartially, government
efficiently and expeditiously so as to serve the public and promote their officer
welfare and lawful interests.
(4) An officer shall report to the Chief Officer any misconduct liable to
disciplinary action committed by another officer as soon as he becomes
aware of it.
(5) An officer may accept and retain any fees duly authorised and
lawfully payable to him by a local authority in respect of any services
performed by him in connection with elections or other services for
which fees are lawfully payable, if he has been duly appointed or
authorised by the Commission to render those services in addition to his
normal duties.
(7) If, on the basis of any facts disclosed to it, the Commission is of the
view that the private interests of an officer or candidate might conflict
with his public duties or in any way influence him in the discharge of
such duties, the Commission may require the candidate or officer to
divest himself of all or any part of those investments, shareholdings or
interest.
21. (1) A local authority shall keep and maintain in respect of local Duties of local
government officers such registers and records, furnish the Commission authorities
with such returns or reports relating to such officers as may be
prescribed by the Commission, and shall communicate to the
Commission such information as it may from time to time require.
(3) A local authority shall cause and permit every person who is
appointed or transferred under these Regulations to any post in the
service of such local authority to perform and discharge the functions
and duties of that post and shall, out of its funds, pay the salary and
allowances of such officer.
24. (1) Whenever a principal officer has reason to believe that an Disciplinary
officer has been guilty of any such misconduct as may warrant proceedings in
disciplinary proceedings, he shall inform the Commission forthwith. appropriate
cases
(2) Where the Commission is informed under sub-regulation (1) or
otherwise that an officer has been guilty of misconduct, it shall, after
considering the circumstances of the case, decide whether or not
disciplinary proceedings shall be instituted against the officer and direct
accordingly:
25. (1) Aprincipal officer may interdict a chief officer and a chief Interdiction of
officer may interdict an officer directly falling under him, from the an officer
exercise of the powers and functions of his office, if he is satisfied that
public interest so requires, and-
(a) if criminal proceedings have been or, are about to be, instituted
against such officer; or
(b) if disciplinary proceedings entailing dismissal have been
instituted or, are about to be instituted, against such officer.
(3) Any officer who is interdicted under sub-regulation (1) shall, during
the period of his interdiction, receive such proportion of his salary, not
being less than half of his salary as the Commission may direct.
(7) Any officer who is interdicted under this regulation shall not leave
Zambia without the permission of the Commission, during the period of
his interdiction.
(8) For the purpose of this regulation "salary" includes any personal
allowance, inducement allowance and direct payments made under
assistance schemes.
26. Where any criminal proceedings are instituted against any officer, Suspension of
no disciplinary proceedings shall be instituted against him upon any disciplinary
ground which is the subject of such criminal proceedings, and where proceedings
disciplinary proceedings have already been commenced the same shall
be suspended on the institution of criminal proceedings and shall remain
suspended until the conclusion of such criminal proceedings and the
determination of any appeal arising therefrom.
28. (1) This regulation applies to a chief officer and a deputy chief Disciplinary
officer. proceedings
after conviction
(2) Where an officer to whom this regulation applies is convicted of an
offence such as would warrant disciplinary proceedings against him,
such disciplinary proceedings shall, subject to the provisions of
regulation 26, be instituted and determined in accordance with this
regulation.
(5) The principal officer shall submit to the Secretary the documents
obtained under sub-regulation (3), with the statement of the charge or
charges and the exculpatory statement, if any, referred to in
sub-regulation (4), together with his written comments.
29. An officer acquitted of a criminal charge in any court shall not be Procedure after
dismissed or otherwise punished for any charge upon which he has been acquittal
so acquitted, but nothing in this regulation shall prevent him from being
dismissed otherwise punished or any other charge arising out of his
conduct in the matter.
31. (1) Where any formal disciplinary proceedings are to be instituted Formal
against an officer, the principal officer shall do so, after such disciplinary
investigations and such consultation with the Director of Public proceedings
Prosecutions as he considers necessary, by delivering or causing to be
delivered to the concerned officer a written statement setting out the
particulars of the charge or charges and the grounds upon which such
disciplinary proceedings are instituted, together with a notice requiring
the concerned officer to submit to the principal officer within such
period, not being less than five days, as the principal officer shall
specify, an exculpatory statement giving therein the grounds on which
the concerned officer relies to exculpate himself.
(2) Upon the expiry of the period specified in the notice under
sub-regulation (1), the principal officer shall consider the exculpatory
statement, if any, of the concerned officer and may-
(a) either exculpate the concerned officer and inform him
accordingly in writing;
(b) subject to regulation 33, impose such punishment on the
concerned officer as may be proper, having regard to all the
circumstances of the case; or
(c) submit the case to the Commission, together with a statement of
the charge or charges, the exculpatory statement, if any, of the
concerned officer, and the written comments of the principal officer.
(7) Whenever any person other than the concerned officer is questioned
by the committee in the course of an investigation under this regulation,
the concerned officer shall be given the opportunity of being present and
of putting questions on his behalf to such person, and any document
used by the committee in the course of its investigation shall be made
available for scrutiny of the concerned officer at his request.
(8) If the concerned officer so requests, the committee may permit the
concerned officer to be represented by a legal practitioner or by a public
officer nominated by the concerned officer or, with the consent of the
concerned officer, by the committee, and the provisions of
sub-regulation (7) shall apply in relation to such legal practitioner or
such public officer as they apply to the concerned officer.
(2) Upon the expiry of the period specified in the notice delivered to the
concerned officer under sub-regulation (i) the principal officer shall
consider the exculpatory statement, if any, of the concerned officer and
shall-
(a) subject to the provisions of regulation 33, impose such
punishment on the concerned officer as may be proper having
regard to all the circumstances of the case; or
(b) exculpate the concerned officer and inform him accordingly in
writing.
33. (1) The Commission may impose any one or more of the following Punishments
punishments under these regulations:
(a) dismissal;
(b) discharge, by due notice or by payment of salary in lieu thereof;
(c) reduction in salary;
(d) reduction in rank;
(e) reduction in seniority;
(f) deferment of increment;
(g) stoppage of increment;
(h) withholding of increment;
(k) severe reprimand; or
(j) reprimand.
(2) A principal officer may impose any one or more of the following
punishments under these Regulations-
(a) deferment of increment;
(b) stoppage of increment;
(c) withholding of increment;
(d) temporary reduction in salary, which may be to a lower salary
scale, but which in no case, shall be a point lower than the point
at which the officer concerned was appointed and which shall
only be a specific point in a recognised salary scale;
(e) severe reprimand; or
(f) reprimand.
(3) A chief officer may impose any one or more of the following
punishments under these Regulations, on an officer other than a chief
officer or a deputy chief officer-
(a) deferment of increment;
(b) stoppage of increment;
(c) withholding of increment;
(d) severe reprimand; or
(e) reprimand.
34. (1) A chief officer shall submit a report to the principal officer of Reports and
all disciplinary proceedings instituted and determined by him including records of
disciplinary proceedings where no punishment was imposed. disciplinary
proceedings
(2) The principal officer shall review all disciplinary proceedings
reported to him under sub-regulation (1) and he may, if he considers that
the punishment imposed is too severe or too lenient, or that no
punishment should have been imposed, or that a punishment should
have been imposed where no punishment was imposed, refer the matter
to the chief officer for such further report as the principal officer may
direct.
(3) The principal officer shall make a report to the Secretary, from time
to time, as the Commission may direct, of every case where disciplinary
proceedings are determined by him or by the chief officer, and shall
submit therewith any report made to him under the foregoing provisions
of this regulation together with the copy of the relevant exculpatory
statement, if any, and a copy of any notice required to be given under
regulation 31 or 32 of the result of such disciplinary proceedings.
36. The provisions of this Part shall apply to every officer including an Application of
officer serving on contract or agreement, whether on temporary basis or Part III to
otherwise, and any term or condition in such contract or agreement, officers serving
providing for the termination of the services of such officer shall be on contract or
construed to be in addition to, and not in derogation of the provisions of agreement
this Part.
PART IV
M C
EETINGS OF THE OMMISSION
37. Every meeting of the Commission shall be presided over by the Presiding at
Chairman and in the absence of the Chairman, by one of the members meetings
elected by the members present at the meeting.
38. A record shall be kept of the members present and the business Record of
transacted at every meeting of the Commission. meetings
41. Two-thirds of the total number of members of the Commission will Quorum
constitute a quorum for a meeting of the Commission.
PART V
M ISCELLANEOUS
42. Any officer who submits any matter for the consideration of the Production of
Commission shall ensure that not less than seven fair copies of all relevant
relevant documents and papers are made available to the Commission documents, etc.
and the Commission may require the production of any document or
information relevant to the matter under consideration.
43. All correspondence for the Commission shall be addressed to the Correspondence
Secretary, unless otherwise Commission.
44. The Commission may authorise such reviews or investigations into Power to review
the local government service staff complements and gradings and staff
manpower utilisations it considers necessary for the better complements
administration of local government's personnel policies and the and gradings
Commission, may accept, respect, or modify the recommendations
contained in staff inspection reports and determine the extent to which
such reports are made available for consideration by it.
46. Subject to the provisions of these Regulations, the Commission Standing Orders
may from time to time issue general orders with regard to application
and interpretation of these Regulations, or to lay down the procedure to
be followed in any particular matter or class of matters falling within the
jurisdiction of the Commission, but not provided for in these
Regulations.
SCHEDULE
CLASSES OF PERSONS NOT SUBJECT TO THESE REGULATIONS
SCHEDULE
(Paragraph 2)
Person Entitled Nature of Allowance Rate
K
Mayor, City Council 1. Annual Allowance 300,000.00
2. Subsistence Allowance (per 25,000.00
night)
3. Sitting Allowance (per day) 15,000.00
Mayor, Municipal Council 1. Annual Allowance 240,000.00
2. Subsistence Allowance (per 20,000.00
night)
3. Sitting Allowance (per day) 10,000.00
US$240
(b) Eastern and Southern Africa, India, Pakistan and the rest (per night) US$225
Explanatory Notes
(a) Annual allowance for Mayor and Chairman shall be paid in arrears on a monthly basis.
(b) Subsistence allowance is payable where a councillor is required to stay for one or more nights in any place other than his usual
place of abode on civic functions.
(c) The number of nights to be spent by a councillor who is on duty outside the Council area shall be determined by the Principal
Officer in consultation with the Provincial Local Government Officer.
(d) Depending upon the local distances and transport situation in the District, a Council in a rural area shall in consultation with
the Provincial Local Government Officer fix, in respect of each councillor resident outside 32 kilometres radius from the civic centre or
Council Chamber, the number of nights for which the councillor can claim subsistence allowance per session.
(e) A councillor who stays at a Council Rest house or Motel shall be paid subsistence allowance less the cost of boarding and
lodging. If the charges are higher than the rate of subsistence allowance payable, the Councillor shall be required to immediately make
good any shortfall.
(f) Sitting Allowance shall cover out of pocket expenses while attending any Council meeting and it shall be payable on a daily
basis during the session. A session shall not exceed three working days and shall exclude weekends and public holidays.
(3) Where the majority of the councillors vote that the councillor in
question be removed from that meeting, the Chairman shall order that
the councillor do leave the meeting.
(4) Where a councillor has been ordered to leave, and does not leave
the meeting, the council shall pass a resolution that the councillor so
ordered shall miss two full consecutive council meetings and all
committee meetings held during the civic year in which the councillor is
so removed.
(5) Once a councillor has been removed from a council meeting for
breach of these Regulations he shall not be paid sitting allowance for
that meeting but shall be paid subsistence allowance for one night,
where applicable.
(3) Upon expiry of the period during which the councillor is suspended,
the council shall, through the principal officer or any other officer
assigned to do so by resolution of the council, inform the suspended
councillor of that fact and shall inform him of the date when he is to
resume his duties.
6. (1) A councillor shall not- Use or
(a) use confidential information obtained as a result of his duties as disclosure of
a councillor for his personal gain or for the personal gain of information
others;
(b) disclose any confidential information concerning any property
of the council, or affairs of the council; or
(c) make any public statement to the press regarding the affairs of
the council, and particularly negotiations which may operate to
the detriment of the council.
(2) If a councillor does not declare interest under sub-regulation (1) the
contract or transaction shall be nullified.
8. (1) If a councillor arrives twenty minutes after the commencement of Arrival and
a council or committee meeting, the Chairman shall not allow him into attendance at
the meeting and that councillor shall not receive any subsistence or meetings
sitting allowance for that meeting.
9. (1) Subject to sub-regulation (2) a councillor shall, when attending a Dress for
council meeting, dress in a black robe and a wig. councillors
10. (1) A councillor who is aggrieved by any resolution of the council Appeal
made under these Regulations may, within fourteen days from the date
of the resolution, appeal to the Minister.
11. The Minister shall determine the appeal within thirty days of Determination
receipt of the appeal. of appeal
2. (1) The Officers listed in the Schedule set out in the Appendix hereto Appointment of
are hereby appointed Local Government Administrators for each District
Council established under Statutory Instrument No. 138 of 1991 as Administrators
indicated therein. and their
functions
(2) The Local Government Administrators appointed under paragraph
(1) shall discharge all the functions of their respective Councils.
APPENDIX
(Paragraph 2)
SCHEDULE
(Paragraph 2)
LUSAKA PROVINCE
CENTRAL PROVINCE
Kabwe Municipal Council Mr. D. Machai
Serenje District Council Mr D. H. Mulemwa
Kabwe Rural Council Mr J. B. Mumbi
Mumbwa District council Mr H. C. Kaimba
Mkushi District Council Mr C. H. Sambondu
COPPERBELT PROVINCE
Ndola City Council Mr E. T. Chenda
Kitwe City Council Mr A. D. Simwinga
Mufulira Municipal Council Mr S. R. Mwewa
Chingola Municipal Council Mr D. Longwe
Kalulushi Municipal Council Mr S. E. A. Mathotho
Ndola Rural District Council Mr E. S. Musonda
Chililabombwe District Council Mr S. C. Namachila
Luanshya Municipal Council Mr S. S. Msichili
NORTH-WESTERN PROVINCE
Solwezi District Council Miss R. M. C. Musonda
Kasempa District Council Mr W. M. Matenda
Kabompo District Council Mr B. Akende
Mwinilunga District Council Mr B. K. Manjimela
Zambezi District Council Mr J. S. Mbunda
Mufumbwe District Council Mr D. J. Sikazwe
LUAPULA PROVINCE
Mansa District Council Mr R. K. Mwape
Kawambwa District Council Mr F. B. Sichone
Mwense District Council Mr G. A. Mudolo
Nchelenge District Council Mr C. F. Kabaso
Samfya District Council Mr P. M. Mwenya
EASTERN PROVINCE
Lundazi District Council Mr F. E. Mwanza
Chama District Council Mr B. E. Mwanza
Chipata Municipal Council Mr C. C. Chibbonta
Petauke District Council Mr L. M. Luchinde
Chadiza District Council Mr B. M. Tembo
Katete District Council Mr. G. Ngozo
NORTHERN PROVINCE
Mbala Municipal Council Mr E. M. M. Ng'ambi
Mpika District Council Mr A. B. Mwasile
Chinsali District Council Mr A. Mwanakulanga
Mporokoso District Mr J. D. Muyabala
Luwingu District Council Mr G. M. K. Kayombo
Isoka District Council Mr F. D. Simasiku
Kaputa District Council Mr E. M. Chishala
Chilubi District Council Mr M. R. Mumpa
WESTERN PROVINCE
Mongu District Council Mr G. M. Mukongolwa
Kaoma District Council Mr A. K. Mubanga
Senanga District Council Mr E. W. Lungowe
Kalabo District Council Mr P. J. Banda
Lukulu District Council Mr I. M. Simatele
Sesheke District Council Mr G. S. P. Mbinji
SOUTHERN PROVINCE
Livingstone Municipal Council Miss I. E. Suba
Kalomo District Council Mr R. J. Mwananyina
Choma District Council Mr P. Matibini
Namwala District Council Mr P. F. K. Lubaya
Monze District Council Mr S. S. Chinyanika
Mazabuka District Council Mr J. M. Bwembelo
Gwembe District Council Miss L. Mwale
2. The functions of each member of the Secretariat shall be as set out in Functions of
the Schedule. members of
secretariat
SCHEDULE
(Paragraph 2)
Post Functions
1. Town Clerk or Secretary The Town Clerk or Secretary as the case may be,
shall be the chief executive of the Council and
shall have the general responsibility of
co-ordinating and supervising the discharge of all
the functions of the Council by the Council
Secretariat and may perform any or all the
functions of the District Secretariat if deemed
necessary.
2. Director of Administration or Deputy Secretary The Director of Administration or Deputy Secretary
as the case may be, shall have the general
responsibility for all personnel and administrative
matters of the Council and shall be responsible for
matters relating to elections, registry, records,
transport and public relations.
3. Director of Finance or The Director of Finance or Treasurer, as the case may
Treasurer be, shall be the chief financial controller and shall
have general responsibility for all matters relating
to finance accounts and commercial ventures of
the Council.
4. Director of Engineering The Director of Engineering Services or Director of
Services or Director of Works Works, as the case may be, shall have the general
responsibility for all engineering works and
services of the Council (except where the Council
shall have made separate contractual
arrangements) including the maintenance of
services for which the Council is responsible and
for such other matters as are normally performed
by an engineer.
5. Director of Housing and Social services The Director of Housing and Social services shall
have general responsibility for all housing and
community development, social welfare and
public amenities of the Council and shall be
responsible for all matters relating to such social
and welfare services.
6. Director of Legal Services The Director of Legal Services shall be the chief
legal advisor to the Council and shall be
responsible for all legal matters relating to the
functions and operations of the Council.
7. Director of Public Health The Director of Public Health shall have the general
responsibility for all public health services and
facilities provided by the Council.
2. Subject to Regulation 3 any person who does any act specified in the Offences and
First Schedule shall be guilty of an offence and shall, in respect of that penalties
offence, be liable, on conviction, to a fine set out in that Schedule.
(3) For the purposes of this regulation "prescribed officer" means any
police officer of or above the rank of Sub-Inspector.
FIRST SCHEDULE
(Paragraph 2)
Penalty
units
1. Spitting or vomiting on, or along, a street or prescribed road 2
2. Throwing litter on, or along, a street or prescribed road 2
3. Passing urine in any unauthorised place 8
4. Defecating in any unauthorised place 20
5. Singing an obscene song or saying obscene word/words in a street or public place 2
6. Writing an obscene word or drawing an indecent figure or representation or, defacing a permanent 40
structure
7. Wilfully or negligently extinguishing or damaging a street lamp, damaging a lamp-post, telephone or 40 per day
electric light wire, cable, insulator or bracket or standard supporting any such cable or, causing an
interruption in the supply of electric current by any means whatsoever, without the permission of the
Council or its authorised agent
8. Plying trade by any licensed hawker within an area on more than five days in a calendar month, in the same 40
place for more than thirty consecutive minutes or plying on two or more occasions during twenty-four
consecutive hours in the same place.
For the purpose of this By-law "place" means a square having sides 91.4 metres in length the centre of which is
the piece of ground actually occupied for the time being by the hawker in plying his trade.
9. Sale of local produce in any street or in any public place, other than a market established by the Council,
except with the permission of the Council:
(a) Food 20 per day
(b) Any other item or produce 28 per day
10. Depositing or allowing to accumulate or keeping upon any premises any dirt, filth, refuse, rubbish or, any 40 per day
offensive matter or matter likely to become offensive
11. Offering or exposing for sale or depositing in any place for the purpose of sale or preparation for sale and 40 per day
intended for the consumption of man, any animals, carcass, meat, poultry, game, fresh fish, fruit,
vegetables, corn, bread flour, milk, butter, eggs or other food which is diseased or unsound or
unwholesome or unfit for human consumption
12. Keeping any of the products in item 11 on one's premises or, owing any such products 20 per day
13. Exposing for sale, meat, bread, cakes, cheese, dried fruits, fish, butter or other perishable food-stuffs other 40 per day
than in fly-proof and dust-proof containers or in such other manner as the Council, on advice of the
Medical Officer of Health may approve
14. Occupying any brickyard, quarry, market, garden or other land without any title, lease or licence 20 per day
15. Sale, other than sale negotiated between the parties privately, exposure of goods for sale by auction or 40 per day
otherwise within the area, or placing wares, merchandise, awnings or packages or materials of any
description in any part of the area used by persons in common without the previous written permission
of the Council
16. Exposing for sale unwrapped bread or unpackaged sugar, salt or any consumable foodstuff 40 per day
17. Omitting to do or, doing a thing which is, or may be offensive, dangerous to life, or injurious to health
20 per day
18. Unauthorised tyre mending along a street or premises 20 per day
19. Operating an unlicensed taxi 40 per day
20. Heavy vehicle parking in any unauthorised place 40 per day
21. Unlicensed tailoring business along a street or premises 40 per day
22. Selling unwrapped bread 1 per loaf
(As amended by Act No. 13 of 1994)
SECOND SCHEDULE
(Paragraph 3)
ADMISSION OF GUILT FORM
THE PEOPLE versus
WITH REFERENCE to the charge of
in answer to which I have been required to appear before the Subordinate Court (Class )
on the .19..... I hereby admit that I am guilty
of the offence charged and request that sentence may be passed in my absence. I deposit herewith-
I have received a notice and statement of facts relating to the charge referred to above (which has been interpreted and explained to me).
Signature
(or thumb print)
INTERPRETER'S CERTIFICATE
(where applicable)
I certify that I have interpreted the foregoing to the accused person whose signature
appears above, and to the best of my knowledge he has understood its meaning.
Signature
DEPOSIT RECEIPT
RECEIVED:
(a) the sum of penalty units; or
(b) the above mentioned security.
Signature
(Prescribed Officer)
Witness
NOTES-(a) In no circumstances whatsoever is a member of the Zambia Police Force other than a prescribed officer to accept any sum
of money the subject of this receipt;
(b) A receipt for the sum deposited, or any portion thereof, which is subsequently refunded should be obtained whenever
practicable on the reverse of the triplicate copy of this form.
2. The posts set out in the First Schedule are hereby abolished. Abolition of
posts
3. The posts set out in Part I of the Second Schedule are hereby created. Creation of
posts
4. Any person who was holding a post in the First Schedule before the Person holding
abolition of these posts shall be deemed to hold a corresponding post set post in First
out in Column B of Part II of the Second Schedule. Schedule to
hold post in
(As amended by 146 of 1993) Second
Schedule
FIRST SCHEDULE
(Paragraph 2)
(a) District Executive Secretary
(b) Political Secretary
(c) Administrative Secretary
(d) Development Secretary
(e) Financial Secretary
(f) Commercial and Industrial Secretary
(g) Security Secretary
(h) Social Secretary
(k) Legal Secretary
SECOND SCHEDULE
(Paragraph 2)
PART I
PART II
Column A Column B
District Executive Secretary Town Clerk or Secretary, as the case may
be.
Administrative Secretary Director of Administration or Deputy
Secretary, as the case may be.
Development Secretary Director of Engineering Services, Township
Engineer or Director of Works, as the case
may be.
Financial Secretary Director of Finance or Treasurer, as the case
may be.
Social Secretary Director of Housing and Social Services.
Legal Secretary Director of Legal Services.
(As amended by 104 of 1992)
THE LOCAL GOVERNMENT ACT CAP. 281
SECTION 64-THE LOCAL ADMINISTRATION (TRADE EFFLUENT)
Statutory
REGULATIONS Instrument
Regulations by the Minister 161 of 1985
Act
13 of 1994
3. (1) No person shall, without the written permission of the Council, Consent to
discharge any trade effluent in any water course or on any land in the discharge trade
area. effluent
4. (1) Any discharge of trade effluent into a public sewer shall conform Conditions and
to the conditions and standards for chemical and physical parameters set standards for
out in column 2 of the First Schedule. trade effluent
and public
(2) Any discharge from any sewage works or any discharge other than sewage
as provided for in sub-regulation (1) shall conform to the conditions and discharge
standards for chemical and physical parameters set out in column 3 of
the First Schedule.
(b) in such manner that equal volumes of effluent are delivered into
a receptacle at equal intervals of not longer than one hour during
a sampling method of twenty-four hours.
7. (1) The occupier of any trade premises from which any trade effluent Measuring
is proposed to be discharged shall provide and maintain at his own devices and
expense on such premises and to the satisfaction of the Council- inspection
(a) an inspection chamber or manhole in a position and of chambers
dimensions to be approved by the Council on each pipe or
channel through which trade effluent is proposed to be
discharged; and
(b) at such inspection chamber or manhole, either a notch gauge and
continuous recorder, or similar apparatus suitable and adequate
for measuring and adequately recording or calculating the
volume of trade effluent proposed to be discharged;
(c) such other apparatus as may be reasonably necessary for
obtaining samples and for measuring and controlling the volume
and rate of flow:
Provided that if the Council is satisfied in the case of any premises that
the occupier has some other means available to the Council for
measuring, recording, sampling, controlling, calculating or otherwise
determining the volume of trade effluent proposed to be discharged into
a sewer, it may, in writing exempt such trade premises from all or any
provisions of this regulation.
(2) Any duly authorised officer of the Council shall at all times have a
right of access to any trade premises from which any trade effluent is
discharged into a sewer to inspect, examine and test any inspection
chamber or manhole or apparatus for measuring and recording or
calculating or otherwise determining the volume of trade effluent
discharged, and to take samples of such trade effluent for determining its
nature and composition and for the taking of official samples.
8. The Council or its authorised officer may take samples of trade Sampling of
effluent at any time and at any trade premises from which any trade trade effluent
effluent is discharged.
9. The occupier of any trade premises from which trade effluent is Alteration and
discharged shall notify the Council forthwith of- cessation of
(a) any change in the process of manufacture, or in the raw materials trade
used, or of any other circumstances which are likely to alter the
nature or composition of such trade effluent; and
(b) any circumstances which may result in the permanent cessation
of such discharge.
10. If at any time the apparatus provided for the purpose of measuring Accuracy in
and recording or calculating or otherwise determining the volume of data recording
trade effluent discharged ceases properly to measure, record, calculate, and measuring
or otherwise determine, or is suspected by the Council of not properly devices
measuring, recording, calculating, or otherwise determining, then the
volume of the trade effluent discharged into a sewer during the period
from the date when the apparatus was last accepted by the Council as
being correct up to the date when the apparatus is again accepted by the
Council as being correct shall be pro rated according to the volume
when the apparatus was last accepted by the Council as being correct.
11. Any person who discharges trade effluent into the public sewer Charges for
shall pay to the Council a trade effluent charge which shall be calculated disposal of
in accordance with the formula set out in the Second Schedule: trade effluent
Provided that the minimum charge for the disposal of any trade effluent,
not exceeding one cubic metre per day, shall be one hundred and
twenty-five thousand fee units per calendar year.
12. Any person aggrieved or adversely affected by any decision of a Appeals from
Council may appeal to the Minister. decisions of
Councils
13. (1) Any person who contravenes any provision of these Regulations Offences and
shall be guilty of an offence and shall be liable, upon conviction- penalties
(a) in the case of a first offence, to a fine not exceeding seven
hundred and fifty penalty units; and
(b) in the case of a second or subsequent offence to a fine not
exceeding one thousand five hundred penalty units or to
imprisonment for a period not exceeding six months, or to both.
14. (1) In any order made under section sixty-five of the Act applying Period for
these Regulations to any area, a period of not less than twelve months compliance
shall be specified during which undertakings situated in the area are
required to start complying with these Regulations, and if no such period
is specified, a period of twelve months shall be deemed to have been
specified.
FIRST SCHEDULE
(Regulation 4)
TABLE OF STANDARDS FOR TRADE AND OTHER EFFLUENTS
A. PHYSICAL
1.Temperature 60°C. After mixing of the 40°C at the point of entry
waters, the temperature
should not exceed 40°C
(Thermometer)
2.Colour Hazen The treatment plant ensure Must not cause any
(Spectrophotometer) discolouration dyestuffs in colouration of the receiving
the waste water water
3.Odour and Taste The odour must not cause Must not cause any
(Threshold odour any nuisance deterioration in taste or
Number) odour as compared with the
natural state
4.Total suspended solids 1,200 mg/L (Avoid 50 mg/L. Must not cause
(Gravimetric method) blockage of sewer, effect formation of sludge or scum
free flow) in receiving waters
5.Settleable matter 1.0 ml/L in 2 hours (Avoid 0.5 ml/L in 2 hours. Must
sedimentation ml/L blockage of sewer, effect not cause formation of
(Imhoff funnel) free flow) sludge in receiving water
6.Salinity/Residue mg/L 7,500 mg/L. The salinity 3,000 mg/L. The salinity of
(Evaporation and must not affect the discharge waste water must not
Gravimetric method) and treatment or adversely affect surface
installations or their water
functioning
B. CHEMICAL
7.pH (0-14 scale) 6-10 6-9
(Electrometric method)
8.Dissolved Oxygen mg No requirements After complete mixing, the
oxygen/L (Modified oxygen content must not be
Winkler method and less than 5 mg/L. Extreme
Membrane-electrode temperature may result in
method) lower values
9.Chemical Oxygen 1,800 mg/L COD based on the limiting
Demand (COD) values for organic carbon
(Dichromate method) 60-90 mg 0 2 /L average for
24 hours
10.Biochemical Oxygen 1,200 mg/L 50 mg 0 2 /L (mean value
Demand (BOD) (Modified over a 24 hours period).
Winkler method and According to circumstances
Membrane Electrode in relation to the
method) self-cleaning capacity of the
waters
11.Nitrates (NO 3 as 80 mg/L The nitrates burden must be
introgen reduced as far as possible
(Spectrophotometric according to circumstances:
method and Electrometric Watercourses <50 mg/L;
method) Lakes <20 mg/L
12.Nitrite (NO 2 as 10.0 mg NO 2 as N/L 1.0 mg NO 2 as N/L
nitrogen/L)
(Spectrophotometric
sulfanilamide)
Column 1 Column 2 Column 3
TRADE EFFLUENT INTO SEWAGE AND OTHER
SUBSTANCE PUBLIC SEWER EFFLUENT
C. METALS
13.Organic Nitrogen 300 mg N/L* 5.0 mg/L mean*
(Spectrophotometric
method N-Kjeldhal)
(*the % of nutrient
elements for degradation
of BOD should be 0.4-1%
for phosphorous (different
for processes using algae))
14.Ammonia and 50 mg/L The burden of ammonium
Ammonium (Total) (NH 3 salts must be reduced as far
as N/L) Nesslerization as 10 mg/L (depending upon
method and Electrometric temperature, pH and
method) salinity)
15.Cyanides 0.5 mg/L 0.1 mg/L
(Spectrophotometric
method)
16.Phosphorous (Total) 45 mg/L Treatment installation
(PO4 as P/L) located in the catchment
(Colorimetric method) area of lakes: 1 mg/L;
located outside the
catchment area: reduce the
load of P as low as possible
(PO4<6 mg/L)
17.Sulphates (Turbidimetric 500 mg/L The sulphate burden must be
method) reduced as low as possible
18.Sulfite (Iodometric 10 mg/L 1 mg/L (presence of oxygen
method changes SO3 to SO4)
19.Sulphide (Iodometric and 1 mg/L 0.1 mg/L (depending on
Electrometric method) temperature, pH and
dissolved 02)
20.Chlorides Cl/L (Silver 1,000 mg/L Chloride levels must be as
nitrate and Mercuric low as possible as < (800
nitrate) mg/L)
21.Active chloride Cl2/L (0.5-3.0 mg/L) 0.5 mg/L
(Iodometric method)
22.Active Bromine (Br2/L) (0.5-3.0 mg/L) 0.1 mg/L
(Iodometric method)
23.Fluorides F/L (<30 mg/L) 10 mg/L
(Electrometric method and
Colorimetric method with
distillation)
24.Aluminium compounds <20 mg/L <10 mg/L
(Atomic Absorption
method)
25.Antimony (Atomic 0.5 mg/L (inhibition of 0.5 mg/L
Absorption method) oxidation)
26.Arsenic compounds 1.0 mg/L 1.0 mg/L
(Atomic Absorption
method)
27.Barium compounds 1.0 mg/L 0.5 mg/L
(water soluble
concentration) (Atomic
Absorption method)
28.Beryllium salts and 0.5 mg/L (inhibition of 0.1-0.5 mg/L (according to
compounds (Atomic oxidation) circumstances)
Absorption method)
Column 1 Column 2 Column 3
TRADE EFFLUENT INTO SEWAGE AND OTHER
SUBSTANCE PUBLIC SEWER EFFLUENT
29.Boron compounds <50 mg/L <10 mg/L
(Spectrophotometric
method-Curcumin
method)
30.Cadmium compounds 1.5 mg/L 0.5 mg/L
(Atomic Absorption
method)
31.Chromium Hexavalent 5.0 mg/L 0.1 mg/L
Trivalent (Atomic
Absorption method)
32.Cobalt compounds 0.5 mg/L 0.5 mg/L
(Atomic Absorption
method)
33.Copper compounds 3.0 mg/L 1.0 mg/L
(Atomic Absorption
method)
34.Iron compounds (Atomic 15.0 mg/L <2 mg/L
Absorption method)
35.Lead compounds 1.5 mg/L 1.5 mg/L
(Atomic Absorption
method)
36.Magnesium (Atomic <1,000 mg/L <500.0 mg/L
Absorption method and
Flame photometric
method)
37.Manganese (Atomic 10.0 mg/L <3.0 mg/L
Absorption method)
38.Mercury (Atomic 0.01 mg/L 0.001 mg/L
Absorption method)
39.Molybdenum (Atomic 5.0 mg/L 0.5-5.0 mg/L
Absorption method)
40.Nickel (Atomic 2.0 mg/L 2.0 mg/L
Absorption method)
41.Selenium (Atomic <1.0 mg/L <0.05 mg/L
Absorption method)
42.Silver (Atomic 0.1 (inhibition of oxidation) 0.1 mg/L
Absorption method)
43.Thallium mg (Atomic 1.0 mg/L <0.5 mg/L
Absorption method)
44.Tin compounds (Atomic 2.0 mg/L 2.0 mg/L
Absorption method)
45.Vanadium compounds 1.0 mg/L 1.0 mg/L
(Atomic Absorption
method)
46.Zinc compounds (Atomic 25.0 mg/L 10.0 mg/L
Absorption method)
D. ORGANICS
47.Total hydrocarbons 10.0 mg/L 20.0 mg/L
(Chromatographic
method)
48.Oils (Mineral and Crude) 100.0 mg/L (after 1-2 mg/L
(Chromatographic method installation of oil separators)
and Gravimetric method) 20.0 mg/L (after installation
of demulsifier)
49.Phenols (steam 5.0 mg/L 1.0 mg/L 0.2 mg/L 0.05 mg/L
distillable) (Non-steam
distilled) (Colorimetric
method)
Column 1 Column 2 Column 3
TRADE EFFLUENT INTO SEWAGE AND OTHER
SUBSTANCE PUBLIC SEWER EFFLUENT
50.Fats and saponifiable oils No requirement but 20.0 mg/L
(Gravimetric method and installation of oil and fat
Chromatographic method) separators
51.Detergents (Anionic) 10.0 mg/L Alkybenzene 2.0 mg/L (Detergents should
(Atomic Absorption sulfonate not permitted contain at least
Spectrophotometric) biodegradable compounds)
52.*Pesticides and PCBs 1.0 mg/L 0.5 mg/L (Reduce to a
(Total) (Chromatographic minimum)
method)
53.Trihaloforms 1.0 mg/L 0.5 mg/L (Reduce to a
(Chromatographic minimum)
method)
E. RADIOACTIVE
MATERIALS
54.Radioactive materials as No discharge accepted Not permitted
specified by IAEA
* There are approximately 4,000 pesticides, herbicides and PCBs. The normal practices
as per the works of reference hereinafter mentioned shall be used in respect thereof.
References:
1. Environmental Protection Agency-Code of Federal Regulations-Protection of
Environment Parts 1 to 399. US Government Printing Office, Washington USA (1979).
2. Environment Canada-Environmental Protection Service (EPS-1) Water Pollution
Control Directorate Regulations, Codes and Protocols.
3. Kratel, R., Draft Water Pollution Control Act, Lusaka, Zambia (1981).
4. Lund, H. F., "Industrial Pollution Control Handbook" McGraw-Hill Book Company
(1971).
5. APHA, AWWA, WPCF, "Standard Methods for the Examination of Water and
Wastewater 15th Edition (1980)"
SECOND SCHEDULE
(Regulation 11)
CHARGE FOR THE DISPOSAL OF TRADE EFFLUENTS
X+Y+Z Q
C=V ( W 20 7 ) B+
( R ) S
Where,
C = the charge, in fee units per 1,000 litres for the disposal of trade effluent;
V = the volume charge in fee units per 1,000 litres for conveyance, reception and preliminary treatment of average sewage received at the
works;
X = the COD in milligram per litre of the trade effluent;
Y = the concentration in milligram per litre of total toxic metals in the trade effluent;
Z = the concentration in milligram per litre of cyanogen compounds (as CN-), which on acidification liberate HCN, in the trade effluent;
W = the COD in milligram per litre of settled sewage;
B = the cost in fee units per 1,000 litres of biological purification of settled average sewage;
Q = the suspended solids in milligram per litre of the trade effluent;
R = the suspended solids in milligram per litre of average sewage treated at the works;
S = the cost of sludge disposal expressed in ngwee per 1,000 litres of average sewage received at the works.
Statutory
THE LOCAL ADMINISTRATION (TRADE EFFLUENT) REGULATIONS
Instrument
SECTIONS 64 AND 65-THE MUFULIRA DISTRICT COUNCIL (TRADE 85 of 1987
EFFLUENT) REGULATIONS (APPLICATION) ORDER
Order by the Minister
1. This Order may be cited as the Mufulira District Council (Trade Title
Effluent) Regulations (Application) Order.*
CAP. 281
THE LOCAL GOVERNMENT
Statutory Instrument
ACT 37 of 1988
T L A
HE (T E
OCAL )R DMINISTRATION RADE FFLUENT EGULATIONS
S 64 65-T K U D
ECTIONS ANDC HE ABWE RBAN ISTRICT OUNCIL
(T E RADE )R (A )O
FFLUENT EGULATIONS PPLICATION RDER
PART I
PRELIMINARY
Regulation
1. Title
2. Application
3. Interpretation
PART II
E STIMATES
4. Forms of estimates
5. Preparation of estimates
6. Final capital estimates
7. Approval of estimates by Minister
8. No expenditure before approval of estimates
9. Procedure if no provision or inadequate provision
10. Supplementary estimates of expenditure
11. Procedure if shortfall in income
PART III
G ENERAL A CCOUNTING R ESPONSIBILITIES
Regulation
24. Access to records
25. Functions of internal auditors
26. Heads of Departments not relieved of responsibility
27. Irregularities
28. Preservation of accounting records
PART IV
S S B
AFES, TRONG OXES, C B ASH OXES AND S
PECIE B OXES
PART V
B A
ANK CCOUNTS AND C HEQUES
PART VI
R B F
ECEIPT OOKS AND ORMS
Regulations
50. Definition of "receipt form"
51. ssue of receipts
52. Checking of receipts received
53. Register of receipt forms
54. Consecutive issues
55. Destruction of obsolete receipts
56. Recording of destruction of obsolete forms
57. Monthly check of unused receipt forms
58. Handing over certificates to record receipt forms
59. Notice to public about official receipts
60. Completion of receipts
61. Cancelled receipts
62. Method of cancelling receipts
63. Office of issue of receipts
64. Consecutive receipts
65. Duplicate licences
66. Certified copies of receipt forms
67. Audit and destruction of receipt forms
PART VII
R R ECEIPT OF EVENUE
PART VIII
C E
ONTROLLING OF XPENDITURE AND P AYMENTS
Regulation
78. Payment vouchers
79. Details on payment vouchers
80. Preparation of vouchers
81. Authority for payment
82. Signing of vouchers
83. Panel of signing officers
84. Responsibilities of officers signing vouchers
85. Recoverable payments
86. Suppliers invoices to be attached
87. Duplicate invoices
88. Duplicate requisition forms
89. Methods of payment
90. Security of open cheques
91. Availing of discount
92. Responsibilities of cheque signatories
93. Delivery of cash or cheques
94. Identification of payees
95. Daily accounting for payments
96. Responsibility of officers signing warrants, requisitions or
local purchase orders
97. Extraordinary payments
98. Custody of original documents
PART IX
P S
AYMENT OF ALARIES AND W AGES
PART X
IMPRESTS
PART XI
H T
ANDING AND AKING OVER
PART XII
L C M
OSSES OF OUNCIL ONEY AND STORES
PART XIII
P T
URCHASES, ENDERS AND C ONTRACTS
Regulation
133. Regulations governing all purchases
134. Payment for execution of works
135. Final certificate on contract
136. Unusual claim of contractor
PART XIV
B I
ORROWINGS AND NVESTMENTS
137. Borrowings
138. Form of investments
139. Investment
140. Register of investments
PART XV
S S
TOCKS AND TORES
PART XVI
S D
ECURITY AND ISPOSAL OF A SSETS
PART XVII
INVENTORIES
150. Inventories
151. Physical check
152. Council property to be used for Council purposes
153. Legal Documents
PART XVIII
INSURANCE
PART I
PRELIMINARY
1. These Regulations may be cited as the Local Authorities (Financial) Title
Regulations.
2. These Regulations shall apply to a Council which has not made Application
financial regulations under subsection (1) of section forty-six of the
Local Government Act or which has not adopted these Regulations as
specified in subsection (2) of section forty-six of the Act.
PART II
E STIMATES
(2) The detailed form of capital and recurrent estimates shall be for all
Councils as advised by the Minister.
6. The final capital estimates should include projects for which finance Final capital
has been agreed with the Government or lending institutions, as the case estimates
may be, or which are decided to be financed from the Council's own
resources.
7. The annual estimates, as adopted by the Council shall, at least sixty Approval of
days before the commencement of a financial year, be submitted for the estimates by
approval of the Minster. Minister
8. The controlling officer may not incur any expenditure, until the No expenditure
estimates have been approved by the Minister: before approval
of estimates
Provided that where the annual estimates have not been approved by the
Minister before the commencement of the relevant financial year, the
Council may continue to incur expenditure on charges which become
due in respect of inescapable commitments.
10. (1) Where the expenditure is not envisaged when the estimates are Supplementary
prepared, or where the excess expenditure on an item cannot be met estimates of
from savings on another item under the same sub-head, the controlling expenditure
officer shall submit to the Minister an application for supplementary
provision as adopted by the Council, in accordance with subsection (2)
of section thirty-nine.
11. (1) Where the amount of the approved income is not reached, the Procedure if
head of department concerned, shall after consultation with the shortfall in
Treasurer inform the Council, through the committee concerned income
explaining the reasons for the shortfall.
PART III
G A
ENERAL CCOUNTING R ESPONSIBILITIES
12. The functions of the Treasurer, who is the principal adviser to the Responsibilities
Council in matters relating to the general finances of the Council, shall of Treasurer
be to-
(a) make safe and efficient arrangements for the receipt of moneys
paid to the Council and the issue of moneys payable by the Council;
(b) keep accounts in accordance with the orders or directives issued
by the Council; and to ensure accuracy of these accounts;
(c) ensure that officers accounting for revenue and expenditure for
which they are responsible comply with the provisions of these
Regulations and supplementary instructions issued by the Council from
time to time;
(d) report to the controlling officer if it appears that any head,
sub-head or item is likely to be overspent;
(e) draw the attention of any officer to delays and shortages in the
collection of revenue, any advance or imprest which they are unable to
clear at the time that it should be cleared, any deposit account which has
become dormant and to any weakness in the accounting system
employed, or in the internal checks applied to accounting transactions;
(f) account for receipts and disbursements of Council moneys in
accordance with these Regulations;
(g) see that proper arrangements are made for the safe-keeping of
Council moneys, securities, stamps, stamp duties, revenue counterfoil
receipts, licences, warrants and all forms of requisition;
(h) collect punctually all revenue and other Council moneys which
become due and payable to the Council;
(k) bring to account promptly under the correct head and sub-head
all Council moneys he collects or which is paid to him;
(j) check regularly all cash and stamps in his charge and verify the
balance shown in the cash book or stamp register;
(k) bring to account promptly any revenue in cash or stamps found
in his charge in excess of the balances shown in the cash book or stamp
register;
(l) make good any shortage in cash or stamps for which he is
responsible;
(m) ensure that all disbursements made or incurred by the issue of
payment vouchers, orders, warrants, requisitions or any other
documents are properly authorised;
(n) charge in the accounts, under the proper heads of accounting, all
expenditure when it occurs;
(o) ensure satisfactory control of the expenditure by maintaining a
record of commitments incurred by the heads of departments;
(p) prepare promptly all financial statements, budget estimates,
annual accounts and returns in the form and manner prescribed;
(q) see that the books of account are correctly posted and kept up to
date;
(r) bring to the notice of officers in writing any apparent defect in
the procedure of revenue collection, wastage and any extravagant
expenditure which comes to his notice in the course of his accounting
duties;
(s) produce when required by the Council or by the external auditor
all books and records or accounting documents in his charge;
(t) reply promptly and fully to any observations or queries received
from the external auditor or the Council;
(u) exercise strict supervision over all officers under his authority, to
ensure efficient checks and precautions against fraud;
(v) bring to the notice of heads of departments any wastage,
incompetence, carelessness or insubordination on the part of their staff;
(w) ensure that all insurable risks of the Council are fully covered by
adequate insurance policies.
(3) The corrections must be made in such a way that the original figures
are still legible and initialled by the officer who makes them.
14. Officers dealing with incoming mail containing money shall keep a Register of
register of such incoming cheques and cash for the purposes of cheques and
recording details of remittances received. cash
15. The Treasurer shall approve any form, document or system of Approval of
finance or costing dealing with inventories, stocks or stores. accounting
system and
forms
16. A register of all official accounting documents shall be kept by the Register of
Financial Secretary. accounting
documents
17. A head of department shall be personally responsible for the Observance of
observance of all financial and accounting instructions issued by the instructions
Treasurer.
18. Any financial duty delegated to an officer shall be clear, specific Delegation of
and in writing. responsibility
19. (1) All cheques and cash received shall be banked as soon as Banking of
possible, but not later than two days after the day of receipt. cheques and
cash
(2) No funds shall be allowed to accumulate in cash collection units.
20. The Treasurer shall, each month, reconcile the balance shown in Reconciliation
any bank account which his Council operates and the balance shown in of bank account
the summarised cash accounts or cash book.
21. The Treasurer shall once a month check cash held in the Council. Checking of
cash
22. The procedures to be followed by the accounting unit at the close of Procedures at
the financial year shall be as follows: the end of
(a) at the close of the business on the last day of the financial year, financial year
all cash books shall be ruled off, signed and dated by the responsible
officers;
(b) the accounts shall be closed in the normal manner, as for an
ordinary month end, but supplementary accounts shall be opened by the
accounting unit for the adjusting of misallocations, for the transfer of
revenue and expenditure codes and for final entries on the closing of
accounts; and
(c) the accounts shall be finally closed, balanced and presented to
the Council in the form approved by the Council not later than six
months after the last day of the financial year to which they relate.
23. The Treasurer shall maintain an adequate and effective internal Internal audit
audit of the Council's accounts or activities in accordance with section
forty-one of the Act.
24. The Treasurer or his authorised representative shall have authority Access to
to enter all offices and establishments of the Council and have access to records
all records and documents and shall be entitled to require such
explanations as he considers necessary to satisfy himself of the
correctness of any matter under examination and to require for
verification purposes the production of cash and other assets.
25. The functions of an internal auditor shall be laid down by the Functions of
Treasurer and shall cover all accounting procedures and documentation internal auditor
shall ensure that-
(a) the receipt and payment of Council money has been properly
carried out under proper supervision;
(b) the safeguards for the prevention or prompt detection of fraud or
loss of stores, cash or other Council assets, are adequate;
(c) accounting forms are properly protected, recorded and regularly
checked;
(d) the system for the control of the receipt, issue and use of stores is
adequate;
(e) the recording of the assets is up to date and correct; and
(f) the returns of revenue or expenditure required by the Treasurer
or the Council are correctly prepared and promptly submitted.
26. The existence of an internal audit system shall not relieve heads of Heads of
departments or any other accounting officer of their individual departments not
responsibilities, nor shall it remove the need for normal checks within relieved of
departments. responsibility
28. (1) The following accounting records shall be preserved for the Preservation of
periods shown- accounting
(a) main cash books and ledgers-ten years. records
PART IV
S S B
AFES, TRONG OXES, C B
ASH OXES AND SPECIE B OXES
29. In this part, unless the context otherwise requires "safes" includes Definition of
strongboxes, cash boxes, specie boxes issued for the safe custody of "safes"
cash, and similar forms of secure containers issued by Council.
30. The Treasurer shall be responsible for obtaining safes for use in Responsibility
their offices and branches. for obtaining
safes
31. The following conditions shall cover the care and maintenance of Care of safes
safes and keys: and keys
(a) officers shall be personally responsible for keys of safes in their
charge;
(b) where a safe or vault door is fitted with two or more locks, no
officer shall hold all the keys;
(c) where there are two or more officers at the office in which the
safe is installed, more than one key shall be issued;
(d) where the key-holder departs before his relief arrives, the officer
leaving the station shall hand over the contents of the safe or vault to a
person temporarily appointed by the head of department concerned to
take over from the departing key-holder in accordance with regulation
121;
(e) a key will not be handed to a person who is not the official
key-holder and a safe will not be opened except by the officer
responsible for it. He must be present for the whole period during which
it remains open;
(f) only original keys issued by the Treasurer shall be held and in no
circumstances may any officer have a duplicate made;
and
(g) except as may be otherwise authorised, all duplicate keys of
safes shall be held by the Council's bank.
33. No private money or articles shall be kept in a safe provided for the Private money
safe-keeping of Council moneys. not to be kept in
Council safe
34. A register must be kept of articles other than cash, account books Register
and receipt forms deposited in a safe and shall be signed by the
depositing officer other than the key-holder when depositing or
withdrawing any such articles.
35. Officers responsible for safes must verify the contents at least once Weekly check
each week and the register shall be initialled each time the contents are
verified.
36. Where cash is taken to or collected from a bank or another office, Cash in transit
the officer charged with conveying the cash to or from such bank or
office shall be responsible for the safe custody of the cash in transit.
PART V
B AANK CCOUNTS AND C HEQUES
37. The Council shall be solely responsible for authorising the opening Bank accounts
of, or changing of any signatory of, a Council bank account; and the and signatories
purpose for which the bank account is required shall be stated in a
resolution of the Council.
38. No Council money be credited to a private bank or savings account. Use of private
accounts
prohibited
39. (1) Cheque books and cheque forms shall be kept secure under lock Security of
and key when not in use. unused cheques
(2) An officer responsible for the custody and control of the stock of
unused cheque forms shall maintain a record of receipts, open a register,
and ensure that all unused cheques are retained, in his custody.
40. (1) Where a cheque which is unused or has already been issued is Lost cheques
lost, the Treasurer shall notify the Council's Bankers.
(2) Where a cheque which has been issued is lost, a "stop order" shall
be sent to the bank on which it was drawn.
42. (1) Two persons who have been authorised by the Treasurer shall Signing of
be signatories to cheques drawn against bank accounts. cheques
(2) The Treasurer shall advise the Council's bankers on who are the
Council's authorised signatories to cheques.
43. (1) The Treasurer may accept cheques in payment of licences, fees, Acceptance of
rents, levies, charges and other payments, due to the Council. cheques
44. Cheques received shall be made payable to the Council in name and Security of
crossed "Account Payee Only". cheques
received
45. Collectors of revenue or other officers who receive Council money Cashing of
shall not cash cheques from Council money held by them, or give cheques from
change in respect of cheques drawn for an amount in excess of the sum public money
owing to the Council.
46. (1) The Treasurer shall arrange for statements to be provided Bank
regularly by the bank and shall obtain bank statements made up to the statements
close of business on the last day of every month.
(2) All entries on the bank statements shall be checked with all entries
in the cash books and, at the end of each month, a return shall be
prepared in the form prescribed giving a reconciliation of the balance of
the bank account with the balance shown in the cash book.
47. (1) The Treasurer shall prepare the receipts and payments account Receipts and
and a cash flow statement every month. payments
account and
(2) The grant payable to a Council may be forfeited where the Council cash flow
fails to prepare the receips and payments account and a cash flow statements
statement.
48. Paid and cancelled cheques shall be held for audit. Audit of
cheques
49. All cheques drawn in payment for goods supplied or services Security of
rendered on Local Purchase Orders should be crossed "Account Payee cheques in
Only" except in the case of a payee known to have no bank account. payment for
goods supplied
on Local
Purchase
Orders
PART VI
R B F
ECEIPT OOKS AND ORMS
50. For the purposes of this Part the term "receipt form" includes all Definition of
receipts, licences, permits, certificates, discs or tokens used in the "receipt form"
collection of revenue or other moneys.
51. (1) A receipt form for which payments are received shall be issued Issue of receipts
on or with prescribed forms.
(2) For the purposes of this Part the term a "general receipt" shall be
used in cases where a special receipt form is not prescribed.
52. (1) All receipt forms must be checked as soon as they are received Checking of
to ensure that they are complete and correctly numbered. receipts
received
(2) Any forms which are defective must be returned to the source of
supply.
53. Every officer who holds receipt forms shall keep a register in which Register of
the receipt and issue of all receipt forms shall be promptly entered. receipt forms
54. Receipt forms shall be used in a consecutive order, or within the Consecutive
sequence of numbers of receipts held by one officer. issues
55. (1) Complete unused books of obsolete receipts shall be destroyed Destruction of
at the office in which they are held. obsolete
receipts
(2) The destruction of receipt books shall be carried out in the presence
of the Treasurer and an auditor, except receipts of Government revenue
which shall be sent to the Ministry of Finance.
(3) The Ministry of Finance shall check that the unused receipt books
are complete and are unused.
56. There shall be recorded in the register surplus stocks of receipt Recording of
books that have been returned to the Ministry responsible for finance destruction of
and obsolete forms that have been destroyed. obsolete forms
57. The holder of unused receipt forms shall, at least once a month, Monthly check
record in the register the date the receipts are checked and shall sign of unused
against the entry. receipt forms
58. (1) Where one officer hands over to another officer, both officers Handing over
shall sign a certificate for the receipt forms. certificates to
record receipt
(2) The officer taking over shall sign immediately below the last entry forms
in the register.
59. A printed notice, bringing to the attention of the public the need for Notice to public
them to obtain an official receipt for every payment made by them, shall about official
be displayed in all offices where revenue is received. receipt
60. (1) Receipt forms must be completed either in ink or in indelible Completion of
pencil. receipts
(2) Counterfoils shall contain exactly the same details as appear on the
original receipt form.
(3) Receipt forms shall be date-stamped at the time of issue and shall
not be altered in any way.
61. Where a wrong entry is made on receipt, the form must be cancelled Cancelled
in the manner prescribed in regulation 62. receipts
62. (1) Where a receipt is cancelled, the original and all the copies Method of
shall be cancelled and signed by the holder of the book. cancelling
receipts
(2) The duplicate shall be included with other duplicate receipts which
accompany the revenue cash book.
63. Every receipt form and counterfoil shall be printed or stamped with Office of issue
the official stamp and shall be signed by the issuing officer. of receipts
64. (1) Officers who receive payments from collectors of revenue shall Consecutive
ensure that the numbers on the receipt form run consecutively. receipts
(2) Where there is no satisfactory explanation for any missing form, the
matter shall be reported without delay to the Treasurer.
66. (1) Any certified copy of a receipt form required shall be made on Certified copies
plain paper and headed "certified copy". of receipt forms
67. No counterfoils or copies of used receipt forms shall be destroyed Audit and
until they have been examined by the Auditor appointed by the Minister. destruction of
receipt forms
PART VII
R R
ECEIPT OF EVENUE
68. No officer shall use Council revenue for any private purpose Private use of
whatsoever. revenue
prohibited
69. (1) A receipt shall be issued by the receiving officer whenever a Receipt to be
sum of Council money is received. issued
(2) No Council moneys shall be paid out to any person other than the
Treasurer except with the written authority of the Treasurer.
70. All revenue shall be brought to account under the appropriate Classification
sub-head of the revenue estimates. of revenue
71. Collectors of revenue shall keep cash book sheets daily. Cash collection
sheets
72. The Treasurer shall ensure that collectors of revenue account for Bringing
the amount of moneys collected by them on a daily basis. revenue to
account
73. Where a collector of revenue has a surplus of cash, the cash shall be Cash surplus
brought to account and credited to "Miscellaneous Revenue".
74. An officer responsible for issuing receipts shall not open any mail Revenue
or keep a register of incoming remittances. collectors not to
open mail
75. (1) The heads of departments shall furnish particulars of charges for Providing
work done, goods supplied or services rendered on behalf of the information for
Council. collection of
revenue
(2) Any amount accruing shall be promptly recorded by the Treasurer
as money received by the Council.
76. The Treasurer and heads of department who collect revenue shall Outstanding
refer for appropriate action, all debts they are unable to recover to the debts
controlling officer without undue delay.
77. (1) Any irrecoverable debt may be written-off with the approval of Write-off by
the Council. Council
(2) Where any debt has been written off the controlling officer shall
submit such a case to the Council giving the amount of the debts, the
date on which it was due, the action taken to collect it and the reasons
why it was not possible to collect it.
PART VIII
C E
ONTROLLING OF XPENDITURE AND P AYMENTS
78. (1) No money shall be paid out unless a payment voucher is made. Payment
vouchers
(2) The payment voucher shall be made in the form prescribed by the
Council.
79. All vouchers must be complete and all details filled in, including Details on
coding allocations, dates, numbers, quantities, rates, distances and payment
authorities. vouchers
81. (1) Each payment shall be approved by the Council. Authority for
payments
(2) The Council may delegate the responsibility for approving
payments to the Finance Committee which shall report to the Council on
all payments made, before the next meeting of the Council.
(3) The Treasurer shall be authorised to make the payments set out
below but shall report any such payments to the Council or Finance
Committee at its next meeting according to the procedure laid down by
the Council:
(a) payments of water or electricity bills (where supply is normally
disconnected if accounts are not settled promptly);
(b) payments to the Postmaster-General for postal services and
telephone accounts;
(c) payments to a carrier for goods delivered on cash;
(d) payments to traders where a discount is allowed for prompt
payment;
(e) payments of salaries, wages, subsistence and travelling
allowances;
(f) petty cash payments involving sums of K5,000 or less;
(g) any emergency payments which can subsequently be justified as
such by the Treasurer.
82. (1) The original payment voucher shall be signed by the controlling Signing of
officer, Treasurer or any officer authorised by the Treasurer. vouchers
(2) The name of the officer signing and his designation shall be printed
below his signature.
83. A list of officers authorised in writing to sign vouchers shall be kept Panel of signing
by the Treasurer and which may be amended from time to time. officers
84. The officer signing a voucher or document shall certify the Responsibilities
accuracy and validity of the payment. He must therefore ensure that- of officers
(a) all deductions due to be made from salaries or wages have in fact signing
been made; vouchers
(3) Requisitions for local supplies shall not be issued in arrears if goods
have already been supplied.
(4) The head of department or any other officer authorised shall certify
the voucher giving reasons for the failure to issue a requisition.
87. (1) Where an original invoice is lost, a duplicate shall be obtained Duplicate
from the supplier together with a certificate of non-payment on the invoices
original invoice.
(2) A certificate that payment has not previously been made shall be
recovered on the voucher by the officer making the payment after he has
satisfied himself that payment on the account has not in fact been made.
88. (1) A duplicate requisition form shall not be issued if an original Duplicate
has been lost. requisition
forms
(2) Payment shall be made against the supplier's copy invoice endorsed
with the serial number of the requisition form against which the supply
of goods or services was made.
89. (1) Payment shall be made by cheque payable to those to whom Methods of
payment is due. payment
(2) The cheque shall be sent by registered mail and the number of the
registered slip recorded on the payment voucher.
91. (1) Where there is no loss of discount for prompt payment, accounts Availing of
for the same supplier may be grouped and paid at least once every discount
month.
(2) An officer responsible for any discount lost, owing to the delay in
the passing of accounts for payment, shall refund the amount to the
Council.
(b) that the original documents are all stamped "Paid" by means of a
special stamp and that the cheque number is correctly shown within the
"Paid" stamp;
(c) that the relevant coucher is fully and properly completed;
(d) that the cheques are correctly made out in every respect.
94. A paying officer shall request from the person claiming and Identification of
receiving money a National Registration Card or other acceptable payees
identity.
95. All payments shall be entered into the books of account on the day Daily
the payments are made. accounting for
payments
96. (1) An officer signing warrants, requisitions and local purchase Responsibility
orders may approve the expenditure of Council and shall be responsible of officers
for seeing that the authority exists for the expenditure thus incurred. signing
warrants,
(2) Any excess expenditure incurred as a result of the failure to observe requisitions or
these Regulations may be surcharged against the officer who signed the local purchase
warrant, requisition or local purchase order. orders
97. The Council shall approve payments not covered by normal Extraordinary
regulations or procedures. payments
98. (1) All payment vouchers with supporting documents, and any Custody of
other forms which support a charge entered in the accounts, shall be original
carefully filed, secured against loss, and be readily available for audit. documents
(3) No documents shall be removed from the files in which they are
kept.
PART IX
P S
AYMENT OF ALARIES AND W AGES
99. Salaries and monthly wages shall be paid on the last working day of Day of payment
each month or any earlier date which the Council may determine.
100. (1) Salaries are payable monthly calculated at one twelfth of the Calculation of
annual rate. salary
101. (1) Any contingency likely to affect an officer's salary such as Adjustment of
death, suspension or dismissal shall be notified immediately, by the salary or other
head of department, to the Treasurer. moneys due to
death, etc.
(2) The Treasurer shall ensure that timely and correct adjustments are
made to the officer 's salary, pension or gratuity.
102. Any balance of salary or other moneys due to an officer who has Salaries of
been convicted of misappropriation of Council funds, thefts of Council convicted
property or has been dismissed, leaving sums owing to a Council officers
including losses of cash or stores which are under investigation, shall
not be paid without the authority of the Council.
103. (1) A separate salary record card for each officer in service shall Method of
be kept by the Treasurer. payment and
deductions for
(2) An officer shall make arrangements regarding the method of officers
payment, and permissible voluntary deductions through the heads of
department.
104. (1) Payment of salary may be direct to the credit of an officer's Method of
account at any commercial bank or building society in Zambia, or by payment
cheque.
(2) Payment of the net amount due, after statutory and permissible
deductions have been made, shall be made in one sum.
(3) There shall not be a part payment to the credit of a bank account
with the balance paid by cheque or otherwise.
105. (1) All authorised deductions shall be entered on the payment Gross salary
vouchers in the appropriate column against the name of each employee and deductions
concerned. to be charged
106. (1) Where any employee does not draw his wages at the normal Unclaimed
time of payment, the wages due to him shall be held for a period of three wages
days.
(2) Where the employee does not claim the wages after the period
referred to in sub-regulation (1), the cash shall be brought to account and
general receipt shall be issued, crediting the unpaid wages to the
expenditure vote from which the wages were drawn.
107. The Treasurer shall issue standing instructions in writing for Security
security precautions to be taken in the handling of money for the precautions
payment of wages. with regard to
payment of
wages
108. The Treasurer shall issue proper instructions to cover the internal Internal check
check over preparations of wages sheets and the payment of wages and over payment of
ensure that- wages
(a) officers responsible for entries on the wages sheets, checking
and paying, shall sign for their particular responsibilities on the faces of
the wage sheets;
(b) each operation in connection with the preparation of wage sheets
shall be checked by an officer who carried out the original operation;
(c) payment shall take place in the presence of an officer who knows
the recipients and the paying officer shall, where possible, be an officer
not concerned with the preparation and checking of wage sheets.
PART X
IMPRESTS
111. Special imprests shall not be issued for tours outside Zambia Special
without the authority of the Secretary to the Cabinet. imprests outside
Zambia
112. (1) Holders of standing imprests may, on their own authority, Sub-imprests
issue a part of their imprest to a subordinate to be used as a sub-imprest
for the purpose for which the holder of the standing imprest would have
used it.
113. The amount of a standing imprest shall be limited to the monthly Amount of
requirements in each case but the imprest may be limited to more than standing
the monthly requirements. imprest
114. The amount of a special imprest issued to meet expenses while Amount of
travelling on duty shall be limited to the amount an officer is eligible to special imprest
claim for the period he is absent from his station.
115. (1) No officer shall be issued with another special imprest when Special
there is a special imprest outstanding in his name. imprests
limitation
(2) Any officer who authorises an imprest before the first one is retired
is liable to be surcharged the whole amount of both imprests.
116. An imprest shall be used only for the purpose for which it is issued Restriction in
and shall not be used for personal expenditure or for making advances of use of imprests
salary or wages.
117. (1) A record of issued and retired imprests shall be kept in a Register of
register of imprests. imprests
(3) The register shall contain columns showing the officer's full name,
amount of imprest, date issued, date retired, how the imprest was
recovered, the purpose for which the imprest was issued, the signature
and date on which the imprest was checked.
(4) The last column shall be signed and dated by a senior officer other
than the officer who maintains the register, stating that he is satisfied
that the imprest was issued for duly authorised purposes only and that it
is being retired in accordance with the provisions of these Regulations
and that is not overdue.
118. (1) Holders of standing imprests shall record all payments and Cash book for
reimbursement in a cash book each time a reimbursement is requested. imprests
(2) The total expenditure of the last reimbursement and balance of cash
on hand shall be recorded.
(3) The amount of the total expenditure and the balance of cash in hand
shall equal the total of the original imprest issued.
(2) Where the imprest is not cleared within forty-eight hours of the
holder 's return, the issuing officer shall, in writing, instruct the
officer-in-charge of the salaries section to deduct the amount
outstanding from the salary of that holder, in the following month.
120. (1) Any outstanding imprest shall be retired at the end of the Retirement of
financial year, unless authority for its retention for the following standing
financial year has been obtained. imprests
(2) The imprest holder shall produce proof of his imprest as at the close
of business of the last working day of the financial year.
PART XI
H T
ANDING AND AKING O VER
122. The key to each safe shall be handed to the officer taking over as Safe keys
soon as the contents have been verified.
123. Any discrepancies revealed in the course of handing over shall be Discrepancies
acknowledged in writing by the officer handing over and the officer on handing over
taking over shall make a report to his head of department.
(2) One copy of the certificate shall be kept by the officer taking over,
the others shall be retained by the officer who has handed over.
PART XII
L C M
OSSES OF OUNCIL ONEY AND S TORES
125. For the purpose of this Part, losses of Council money shall be Definition of
deemed to have occurred where an officer, through wilful default or "losses"
gross neglect of duty-
(a) fails to collect any money, whether revenue or other payment,
due to the Council;
(b) makes, causes or permits unauthorised, or incorrect payments of
Council money through fraud, forgery, misappropriation, or causes its
loss through burglary or theft if he is responsible for that money by
virtue of his office;
(c) causes, or permits damage to or destruction or loss of any
Council building, equipment, vehicles, stores, fittings or furniture;
(d) causes, or permits personal injury or damage to property in
circumstances which render a Council liable to third parties in respect of
such injury or damage.
126. Where a loss is discovered, the officer in charge of the office in Report of losses
which the loss occurred shall immediately-
(a) advise his immediate supervising officer, by the quickest means,
of the nature, extent and date of the loss and the immediate supervising
officer shall confirm this in writing;
(b) institute investigation on the spot; and
(c) report the loss to the local police.
127. (1) Except in the case of cash loss or shortage which is Investigation of
immediately made good by the officer responsible for the loss or losses
shortage, the supervising officer shall carry out investigations.
128. (1) Where the loss amounts to two thousand kwacha or less, the Write-off by
Treasurer, in consultation with the controlling officer, may authorise Treasurer
any loss in the supervisor's report, to stand as a charge against the
Council's funds if he considers that there is no case for a charge of wilful
default or gross neglect of duty against the officer responsible for the
loss.
(2) The case file shall be retained by the Treasurer for inspection by the
Auditor.
129. If the loss amounts to over two thousand kwacha or if the Report by the
Treasurer, after consultation with the controlling officer, considers that Treasurer
the loss was due to the wilful default or gross neglect of duty of any
officer, he shall submit his recommendations to the Council whether, in
his opinion, the amount of the loss should be recovered from the officer
or officers concerned.
130. The Council may, if it is considered that there is no wilful default Write-off by
or gross neglect of duty by an officer, authorise the loss or part thereof, Council
to be charged to the Council funds.
131. Where the Council decides that the loss was due to wilful or gross Assessment of
neglect of duty, the amount of loss which is attributed to the default or claim against
negligence of any officer shall be assessed and recovered from the defaulting
officer concerned. officer
132. (1) The Council shall take every possible action to ensure that the Action for
loss is made good by the officer held responsible for it. recovery
(2) The fact that a person has been convicted on a criminal charge
arising from the loss shall not mean that he may not also be made to face
a civil action for the recovery of the loss.
PART XIII
P T
URCHASES, ENDERS AND C ONTRACTS
134. Payment for contractors for the execution of works shall be Payment for
authorised only on a certificate signed by the head of department execution of
concerned which certificate shall show the total amount of the contract, works
value of the work executed, date, retention money, amount paid to date
and the amount being certified.
135. The final certificate on a contract shall not be issued by the head of Final certificate
department concerned until he has produced a detailed statement of on contract
account together with such vouchers or documents as the Treasurer may
require and approve as the amount certified.
136. Claims received from contractors in respect of matters clearly not Unusual claim
within the terms of the appropriate contract shall be referred to the of contractor
controlling officer for consideration of the Council's legal liability and
to the Treasurer for financial consideration, before any settlement is
reached.
PART XIV
B I
ORROWINGS AND NVESTMENTS
137. (1) All borrowings shall be effected in the name of the Council. Borrowings
138. The Council's moneys which are not required for immediate use Form of
may be invested in- investments
(a) stocks, securities or debentures issued by or on behalf of the
Government of the Republic of Zambia or in stocks, securities or
debentures guaranteed by the Government;
(b) deposits with the Zambia National Building Society;
(c) the Post Office Savings Bank;
(d) savings accounts or fixed deposit accounts with the Zambia
National Commercial Bank;
(e) the stocks, bonds or debentures of any public body in Zambia.
139. All investments shall be in the name of the Council and shall be Investment
authorised by a resolution of the Council.
PART XV
S S
TOCKS AND TORES
141. Each head of department shall be responsible for the care and Custody of
custody of the stocks and stores in his department and shall arrange for stocks and
periodic stock-taking at least twice per annum or at such other intervals stores
as the Treasurer may stipulate.
142. (1) Stocks shall not be in excess of normal requirements except Stock limit
with the approval of the committee concerned.
(2) A periodic review of turnover and stock levels of all items shall be
undertaken to dispose of excessive or obsolete stocks.
145. A Treasurer shall keep proper records of receipts and issue of Record of
stocks and stores. stocks and
stores
PART XVI
S D
ECURITY AND ISPOSAL OF A SSETS
147. Safes must be securely locked and the keys to safes and similar Care of safes
receptacles shall be carried by authorised key holders at all times and the and keys
loss of such keys shall be reported to the Treasurer immediately.
148. If several officers use the same safe, each officer shall use separate Custody of cash
lockable cash boxes when depositing money in it. boxes
PART XVII
INVENTORIES
151. Every head of department shall be responsible for arranging an Physical check
annual physical check of all items on the inventory and for the taking of
any action in relation to surplus or shortages.
152. (1) The Council's property shall not be removed except in Council
accordance with the ordinary course of Council business or for the use property to be
of the Council. used for
Council
(2) Where specific directions are issued by the head of department purposes
concerned, property may be removed for some other purpose.
153. The Controlling Officer shall have custody of all contracts under Legal
seal, leases, deeds, agreements and similar legal documents. documents
PART XVIII
INSURANCE
154. The Treasurer shall take out insurance cover against losses, Insurance
damages, risks and liabilities which the Council may incur and shall covers
regularly review such cover in consultation with head of department.
155. The Treasurer shall notify the heads of departments of any change Changes in
in insurance policies. policies
156. The District Councils' (Financial) Regulations, 1984, are hereby Repeal of S.I.
repealed. No. 38 of 1984
SCHEDULE
(Regulation 40)
CERTIFICATE OF INDEMNITY
PART I
G ENERAL
3. (1) Every district council is hereby declared to be a fire authority for Declaration of
its respective area for fire-fighting purposes. fire authorities
(2) Every fire authority shall establish and maintain a fire brigade in the
area:
4. (1) No person shall occupy or use any designated premises in respect No occupation
of which there is no fire certificate. of designated
premises
(2) Premises used for the following purposes are designated premises: without fire
(a) provision of medical treatment or care; certificate
(3) A fire authority may permit the occupation or use of any premises
pending the completion or alterations or improvements required for the
issue of a certificate where it is necessary to do so.
(4) The provisions of this regulation shall not apply to any private
premises used solely as a residence in the occupation of a single family.
5. (1) An application for a fire certificate in respect of any designated Application for
premises shall be made by the occupier or intended occupier to the fire fire certificate
authority in the form prescribed in Part I of the Schedule.
(2) On receipt of the application for a fire certificate, the fire authority
shall require the applicant-
(a) to furnish the authority with the appropriate plans of the
premises;
(b) where the premises consists of part of a building, plant or part of
the premises, to furnish the authority with the appropriate plans of other
parts of the building, plant or premises.
(3) The authority may specify the time within which the applicant may
furnish the authority with the plans referred to in sub-regulation (2) and
failure to furnish the authority with the plans shall render the application
void.
6. (1) When the applicant furnishes the authority with all such plans as Inspection of
are required for the purposes of a fire certificate, the fire authority shall premises before
appoint an inspector to carry out an inspection of the premises to which issue of fire
the plans relate, and shall satisfy itself that- certificate
(a) the means of escape in case of fire with which the premises are
provided are suitable;
(b) the existing means of escape in case of fire can be safely and
effectively used at all material times;
(c) adequate means for fire fighting on the premises have been
provided by the occupier; and
(d) the means provided for giving to the persons in the premises
warning in case of fire are such as may reasonably be required in the
circumstances of the case.
(2) Where the fire authority is satisfied with the results of an inspection
referred to in sub-regulation (1) it shall issue a fire certificate in respect
of the premises in the form set out in Part II of the Schedule.
(4) Where the authority is not satisfied with the result of the inspection
carried out pursuant to sub-regulation (1) it shall refuse to issue a fire
certificate for the premises, pending-
(a) the making of any alterations to any part of the premises; or
(b) the provision of the premises with appropriate and adequate fire
equipment.
7. Where the conditions under which a fire certificate was issued have Lapse of
changed materially or where the occupier of a building has made certificate on
alterations to the building in contravention of these Regulations the fire change of
certificate issued in respect thereof shall lapse: conditions
Provided that the fire authority may issue a fire certificate to the
occupier if it deems it fit in the circumstances.
PART II
F -F
IRE E IGHTING QUIPMENT
10. (1) The fire authority may require that any designated premises Fire alarm
shall be provided with effective means, capable of being operated
without exposing any person to undue risk, of giving warning in case of
fire.
(2) The fire authority may, by order in writing, require all means of
giving warning in case of fire with which any designated premises are
provided in pursuance of sub-regulation (1) to be tested or examined at
such place as may be specified in the order.
PART III
S M
TAIRCASES, ETC., AND EANS OF E SCAPE IN C ASE OF F IRE
12. (1) Every building shall be provided with adequate and safe means Provision of
of escape in case of fire or accident in accordance with the provisions of means of escape
these Regulations.
(4) The fire authority may modify or waive any or all of the
requirements for an emergency means of escape in case of fire or
accident in respect of domestic building if-
(a) the staircase, walls and floors of the building are wholly
non-combustible;
(b) the main staircase is separated from the building by smoke stop
door;
(c) the main stair wall has at least one external wall with sufficient
unglazed openings for disposal of smoke and fumes; and
(d) every separate dwelling or suite of offices is provided with
adequate and unglazed balconies.
13. (1) Where in the opinion of a fire authority the means of escape in Means of
the case of any building existing immediately before the escape in
commencement of these Regulations is considered inadequate or is in existing
such a state or condition as to require repairs or replacement, the fire building
authority may, by written notice, require the leaseholder or occupier of
such building to improve, repair, or replace the existing means of escape
in case of fire or accident, and such owner shall comply with the notice
within such time as may be stipulated in the notice.
14. (1) All means of escape in case of fire or accident, including Maintenance of
emergency means of escape and any arrangements provided in means of escape
connection with the means of escape under regulation 12, shall be kept
and maintained in good condition and repair by the leaseholder or
occupier of the building, and no person shall do or permit or suffer to be
done any thing to impair the efficiency of any such means of escape
including the emergency means of escape or any arrangements
connected with it.
(4) Each lift shall be constructed in a way that shall ensure that there is
no greater gap than twenty-five millimetres between the cage and the lift
shaft on the landing door side of the lift.
(6) Each lift shall be fitted with such control devices as may be
necessary to prevent-
(a) the movement of the lift cage in the shaft unless all the landing
doors by which access to that lift shaft is obtained and the doors of the
lift cage are closed; and
(b) the opening of a cage or landing door unless the lift cage is at rest
opposite to a landing:
(7) All lifts shall be provided with manual winding gear and a means of
obtaining access to the lift shaft from any floor in the event of an
emergency, and the keys to the winding room and the lift doors shall be
kept in a readily accessible place.
(9) A fire authority may use its fire brigade or equipment for any
purpose other than fire-fighting purposes, on such terms as appear
proper in the circumstances.
17. Every staircase, ramp or escalator shall be provided with adequate Lighting of
natural or artificial lighting to ensure clear visibility at all times to the staircases
satisfaction of the authority.
PART IV
M ISCELLANEOUS
18. A fire authority may enter into any scheme for mutual assistance Mutual
with any other fire authority or organisation which maintain a fire assistance
brigade. schemes
20. Any person aggrieved or adversely affected by any decision of a Appeals from
fire authority may appeal to the Minister. decisions of a
fire authority
21. (1) Any person who contravenes any of the provisions of these Offences and
Regulations shall be guilty of an offence and liable, upon conviction- penalties
(a) in the case of a first offence, to a fine not exceeding two hundred
and forty penalty units or to imprisonment for a period not exceeding
one month; and
(b) in the case of a second or subsequent offence to a fine not
exceeding three hundred and twenty penalty units or to imprisonment
for a period not exceeding two months, or to both.
SCHEDULE
(Regulations (5) and (6))
FSR FORM 1
PART I
5. (a) If premises consists of a single building state the number of floors in the building
PART II
FIRE CERTIFICATE
FSR FORM 2
I certify that the premises described herein are suitable for occupation:
Description of premises.
Stand No.
Name of Street
District
Name of leaseholder
Postal address
Signature
Designation
Fire Authority
Date
Conditions, if any, should be attached to this certificate.
1. This Order may be cited as the Local Government (Fire Inspectors) Title
Order.
2. (1) The persons listed in the Schedule hereto are hereby appointed Appointment of
Fire Inspectors for each Council established under the Act. Fire Inspectors
(2) The Fire Inspectors appointed under paragraph (1) shall have power
at any reasonable time, to enter any public premises in their respective
Council areas for the purpose of carrying out fire prevention
inspections.
SCHEDULE
Paragraph
( 2)
Lusaka Province
Lusaka City Council Mr Peter Mongela
Mr Stephen Njovu
Mr Davison Ndawa
Mr Hazi J. Tembo
Mr Phillip K. Jere
Mr Sianga J. Mubita
Kafue District Council Mr Gabriel Mutambo
Mr Boswell Chizinguka
Mr Beenwell Simwinga
Central Province
2. The members of a Provincial Service Board shall be paid the Allowances for
allowances set out in the Schedule to these Regulations. Board Members
SCHEDULE
(Regulation 2)
PART I
P RELIMINARY
1. These By-laws may be cited as the Kitwe District Council (Public Title
Library) By-laws.
PART II
U L B
SE OF IBRARY UILDINGS
3. The Library shall be open to the public during such days and hours as Hours of
shall be prescribed by the Council. opening and
closing
5. No person shall enter the Library building with any basket, case, Carrier. etc., to
shopping bag and other similar carrier. be surrendered
PART III
M L
EMBERSHIP OF ENDING D EPARTMENT
6. Membership of the lending department of the Library shall be open Qualification
to any resident who has reached the age of sixteen years. for membership
8. Any person who does not qualify for membership of the lending Persons not
department under by-law 6 may borrow books on payment of a deposit coming within
at the rate of two kwacha per book. specified
categories
9. The Librarian shall issue the borrower with a special ticket on receipt Special tickets
of the two kwacha deposit.
11. Aticket shall remain valid, unless previously cancelled, for a period Validity of
of two years from the date of issue. ticket
12. For the purposes of by-laws 6 and 8, the spouse of a ticket holder Provisions as to
shall be deemed to have the same qualification as the ticket holder spouses
whenever such qualification is more favourable.
13. A lost ticket may be replaced by the Librarian upon payment of the Replacement of
sum of twenty-five ngwee or one kwacha in respect of an ordinary or lost tickets
special ticket respectively.
14. A ticket holder shall be liable for any loss or damage under these Liability of
By-laws arising from the use of a ticket issued to such ticket holder by ticket holders
any person other than the ticket holder or his representative.
15. Ticket holders shall immediately notify the Librarian of any change Notification of
of residential or postal address. change of
address
PART IV
U L D
SE OF ENDING EPARTMENT
16. Borrowers shall leave with the Librarian a ticket in respect of each Tickets to be
book borrowed. left with
Librarian
17. The Librarian shall not be responsible for the safe keeping of tickets Responsibility
other than those left in accordance with by-law 16. of Librarian
18. Borrowers shall return books borrowed within fifteen days of the Limited period
date of issue: of borrowing
Provided that the loan of any book which is not required by another
borrower may be renewed for a further period of fifteen days upon
request to the Librarian.
19. Borrowers shall not retain any book issued after receiving a written Written demand
demand from the Librarian to return such book. Such written demand for return of
may either be delivered by hand or by post to the last registered postal books
address of the borrower.
20. Borrowers shall pay a fine of one penalty unit per day or portion of Fines when
a day for each day a book is kept by the borrower beyond the date on books overdue
which it should have been returned. Such fine shall be paid irrespective
of whether the borrower was using all his tickets at the time the book
was overdue.
21. Should any book be lost, the borrower to whom it was issued shall Replacement of
pay to the Librarian, in addition to any fines or other charges which may lost books
be due in respect of such book, the value of the lost book or alternatively
he shall replace it with another copy of equal value. If a person who has
replaced a lost book subsequently recovers the book deemed to have
been lost, he shall be entitled to retain the book so recovered.
22. Any book not returned to the Library within a period of two months When books
from the date of issue shall be deemed to be lost unless the loan of it has deemed to be
been renewed from time to time to cover the period during which it has lost
been in the possession of the person to whom it was issued.
23. Should any book be found when returned to the Library to be Replacement of
damaged, the borrower to whom it was issued shall replace such book damaged books
with another copy of equal value or pay to the Librarian the value of
such book unless the borrower can prove that the book was so damaged
when issued to him. In the event of any person replacing a damaged
book as aforesaid, he shall be entitled to retain the damaged book.
PART V
U RSE OF EFERENCE AND R EADING R OOMS
25. Persons may consult and read books in the reference room or Reference and
reading room of the Library and may extract information from any book reading rooms
used:
Provided that no person shall bring ink bottles or ink pots for use in such
room.
26. Any book except works of prose fiction in any other department of Books available
the Library if not in use may be had on application to the Librarian for for reference
consultation in the reference room or reading room.
27. Books shall not be borrowed from the reference department: Books may not
be borrowed
Provided that where it is not possible for a person to use a book in the except as
reference room during normal opening hours of the Library, he may provided
apply to the Librarian to borrow a book from the reference department
from the time the Library closes until it reopens on the following day.
28. Tickets shall be left with the Librarian for each book borrowed Requirements
from the reference department: as to tickets and
deposits
Provided that the Librarian may demand the payment of a deposit not
exceeding ten kwacha for any reference book so borrowed.
PART VI
L B
IABILITY OF ORROWERS
29. Any borrower to whom a book has been issued shall be liable for Liability of
any loss, fine or other charge incurred in respect of the issue of such borrowers
book to him, notwithstanding the fact that such loss, fine or other charge
was not due to his own default or neglect, and no person who has lost or
damaged any book or who has incurred any fine or other charge shall be
permitted to borrow any further books until such lost or damaged books
shall have been replaced or the amount of the damage caused thereto or
the fine or other charge has been paid to the Librarian, as the case may
be.
PART VII
O P
FFENCES AND ENALTIES
30. No person shall be in possession of or remove from any part of the Unauthorised
Library any book which has not been issued to him in accordance with removal of
these By-laws. books generally
31. A person shall not take any book from the reference or reading Unauthorised
room of the Library except as authorised by these By-laws. removal of
books from
reference or
reading rooms
32. A person shall not engage in audible conversation in any reference Conversation
or reading room of the Library after having been requested not to do so
by the Librarian.
33. A person shall not maliciously or wilfully obstruct the Librarian in Obstruction and
the execution of his duty or wilfully disturb, interrupt or annoy any other annoyance
person in the proper use of the Library.
34. A person shall not cause or allow any dog or other animal Animals and
belonging to him or under his control to enter or remain in the Library, vehicles
or bring into any part of the Library a bicycle or other wheeled vehicle
or conveyance, other than a hand-propelled invalid chair.
35. A person shall not enter or remain in any part of the Library not set Trespass
apart for use of the public.
36. A person shall not smoke, strike a light or spit in any part of the Smoking and
Library. spitting
37. A person shall not carelessly or negligently soil, tear, cut, deface, Damage and
damage, injure or destroy any book forming part of the contents of the negligence
Library.
38. No person other than the Librarian shall affix or post any bill, Bills, notices
placard or notice to or upon any part of the Library. and placards
40. A person shall not lie on the benches, chairs, tables or floor of the Misuse of
Library. furniture and
premises
41. A person shall not partake of refreshment in the Library. Refreshment
42. A person shall not give a false name or address for the purpose of False names
entering any part of the Library or obtaining any privilege therefrom. and addresses
43. A person shall not make a tracing of any portion of a book without Misuse of
the permission of the Librarian. No person shall mark any leaf in a book, books
turn down or stain the leaves.
44. A person shall not behave in a disorderly manner, use abusive, Behaviour in
blasphemous or obscene language or gamble in any part of the Library. premises
46. Any person guilty of an offence against these By-laws shall be Suspension of
suspended from membership of the lending department by the Librarian membership
and shall not be permitted to borrow books or use the reading or
reference rooms:
Provided that such person shall have a right of appeal to the Council.
CAP. 281
THE LOCAL GOVERNMENT ACT Statutory
SECTIONS 69 AND 76-THE KATETE DISTRICT COUNCIL (MEAT, ABATTOIR Instrument
AND BUTCHERIES) BY-LAWS 139 of 1994
By-laws made by the Council and confirmed by the
Prime Minister
PART I
P RELIMINARY
1. These By-laws may be cited as the Katete District Council (Meat, Title
Abattoir and Butcheries) By-laws.
2. In these By-laws, unless the context otherwise requires- Interpretation
"abattoir" means the place provided by the Council for the slaughter of Cap. 283
animals intended for sale for the food of humans and include buildings,
lairs, stalls and spaces within the abattoir site;
"animal" means bull, ox bullock, cow heifer, steer, calf, sheep, lamb,
goat or other quadruped commonly used for the food of humans;
"area" means the area under the jurisdiction of the Council;
"butcher" includes the owner, occupier and Manager of a butchery;
"butchery" means any premises in which the selling, storage or
preparation of meat or meat products is carried on, for the use of persons
other than those residing on the premises;
"Council" means the Katete District Council;
"meat" means the flesh, offal or other parts used or intended to be used
as food for humans derived from any animal as defined above, but does
not include canned meat, bacon or ham;
"meat inspector" means a person employed by the Council to act as meat
inspector or any other qualified person authorised by the Council to act
in that behalf;
"prescribed township area" means the area within the demarcated
boundaries of the township development plan in accordance under the
Development Plans Regulations;
"veterinary officer" means a veterinary surgeon in the employment of
Government.
PART II
M A
EAT AND BATTOIR
3. A person shall not expose, offer, deposit, accept or have in his No meat to be
possession for resale any meat unless such meat has been examined and sold unless
stamped or otherwise marked, as may be approved by the Council, as marked as fit
having been passed by the meat Inspector as fit for human consumption. for
consumption
4. A person shall not directly or indirectly obstruct any medical officer, Obstruction of
any veterinary officer, meat inspector, health inspector or other duly authorised
authorised official in the lawful execution of the provisions of these official
By-laws. prohibited
5. (1) A person shall not slaughter or skin any animal except at such Slaughter of
place and subject to such condition as the Council may direct. animals
6. No person shall bring any dead or dying animal into any abattoir Dead or dying
without first obtaining the written consent of the veterinary officer or animal
meat inspector.
7. The owner of an animal brought into the abattoir shall be responsible Owner of
for such animal and shall make good any damage caused by him or his animal
animals. responsible for
damages
8. (1) The Council shall charge a fee for slaughtering, examination, Fee
stamping, branding, marking re-examination or re-stamping of any
animal, meat or carcass, for each animal, meat or carcass.
(2) The fee shall be due and payable by the owner of such animal or
meat or carcass upon the rendering by the Council of an account
therefore.
9. Any person who contravenes any provisions of the By-laws Offence and
contained in this Part shall be liable upon conviction- penalties
(a) to a fine not exceeding two thousand penalty units; and
(b) in a continuing or subsequent to same offence, a fine not
exceeding eight hundred kwacha for each day during which the offence
continues.
PART III
B UTCHERIES
10. (1) A person shall not carry on the business of a butchery unless he Butcheries to be
needs a valid certificate in writing from the Council that such butchery approved by the
conforms with these By-laws. Council
(2) The certificate shall not be granted unless the health inspector is
satisfied that the butchery in respect of which such certificate is issued
conforms with these By-laws and is suitable for the purpose for which it
is intended to be used.
(4) The Council may revoke the certificate at any time, if the butchery
ceases to conform with the provisions of these By-laws.
11. Every butchery shall comply with the provisions of Public Health Conditions to
(Meat, Abattoir and Butcheries) Regulations. be complied
with by
butcheries
Cap. 295
13. A person shall not at any time keep or cause to be kept in a butchery Prohibition of
any live animal or bird. animals in the
butchery
14. Any person engaged in handling of meat or meat product shall Examinations
submit themselves to medical examination every six months and when
called upon to do so by the medical officer of health.
15. (1) Any person who contravenes any provision of the By-laws Penalties
contained in this part shall be liable, on conviction-
(a) to a fine not exceeding one thousand penalty units or for
imprisonment for a period not exceeding three months or to both;
(b) in the case of continuing offence, to a fine not exceeding five
hundred kwacha for every day during which the offence continues; and
(c) in addition to any penalty prescribed in sub-paragraph (a) and
(b) the Council may cancel or suspend any licence or certificate issued.
PART IV
16. A person- Straying
(a) who owns or is in charge of any cattle, horse, mule, donkey, animals within
sheep, pig, goat or poultry, shall not allow such animals to be at the township
large in any street or public place or on any unoccupied premises
or to trespass on any garden or pleasure ground within the
prescribed township boundary;
(b) who owns or is in charge of any wild, ferocious or dangerous
dog, monkey or other animal or any bitch on heat shall not allow
such animal to be at large in any street or public place within the
prescribed township boundary;
(c) who owns or is in charge of any animal affected with infectious
or contagious disease, shall not let such animal loose except in a
place that may be set aside for such purpose by the Council; and
(d) not keep any cattle, kraal or pigsty or any pig or other animals,
that are likely to be injurious to health within the township,
except under a written permit from the Council. Which permit
shall be renewed at yearly intervals.
17. Any person who contravenes any provision of the By-laws in this Penalties
part shall be liable, on conviction to a fine not exceeding one thousand
penalty units or to imprisonment for a period not exceeding three
months or to both.
3. (1) Every person shall take all lawful, necessary and practicable Community to
measures for maintaining his village or area at all times in a clean and maintain
sanitary condition and for preventing the occurrence of or for remedying cleanliness and
any nuisance or condition liable to be injurious or dangerous to health. prevent
nuisances
(2) The occupier of any domestic dwelling shall provide a refuse pit
situated at least twenty metres away from the dwelling house for
disposal of refuse.
4. (1) Any person who fails to obey an order of the Council to comply Failure to
with the requirements of By-law 3 within the time specified by the comply with
Council, or otherwise to remove the nuisance, shall, unless he satisfies order
the Court that he has used all diligence to carry out such order, be guilty
of an offence.
(2) The Council may enter the premises to which any such order relates
and remove the nuisance and do whatever may be necessary in the
execution of such order and recover, as a civil debt, the expenses
incurred from the person against whom the order is made.
5. (1) The Council may order the demolition of any domestic dwelling Demolition of
where it is satisfied that such dwelling is so dilapidated or so defectively dilapidated or
constructed as to make it unfit for human habitation and may recover defective
from the owner, as a civil debt, the expenses incurred therein. dwelling
(2) Any person who wilfully fails to comply with any order for
demolition, shall be guilty of an offence.
(4) From the date of the demolition order no rent shall be due or
payable by or on behalf of the occupier in respect of such dwelling or
structure.
6. (1) Every dwelling house must be provided with a separate latrine Provision of
accommodation: latrine
accommodation
Provided that, notwithstanding anything contained in these By-laws, a to dwelling
separate latrine may not be provided where, in the opinion of the houses
Council, sufficient latrine accommodation is so conveniently situated
that it may be safely used in common by the households in that
community.
(2) Any person who damages or makes improper use of any public
latrine or a latrine provided in connection with any school, church or
place of public worship, theatre, markets, clinics, public hall or other
public place shall be guilty of the offence.
7. Where any owner or occupier who is in receipt of a written notice, The Council to
shall fail to comply with the requirements of such notice within the enforce
period specified in the notice the Council may, after the expiration of the provision of
period specified, do the work or direct any person to do the work latrine
required to be done, and recover, as a civil debt from the owner or accommodation
occupier the expenses incurred by it in so doing.
8. Any person who causes any existing domestic dwelling or public Provisions of
building to be erected or who occupies, or being the owner, permits to be accommodation
occupied any such domestic building or public building in contravention to domestic and
of the provisions of these By-laws shall be guilty of an offence. public building
9. (1) Any person who contravenes any provision of these By-laws, Offences and
shall be guilty of an offence and shall be liable- Penalties
(a) in the case of a first offence to a fine not exceeding ten penalty
units or imprisonment for a period of six months, or to both;
(b) in the case of continuing offence, to a fine not exceeding five
penalty units for every day during which the offence continues.
Prime Minister
3. The places described in the Schedule hereto are hereby established Establishment of
as waste disposal sites for the area. disposal sites
4. Any person who disposes of commercial waste at a waste disposal Commercial
site established by the Council under these By-laws shall pay to the waste disposal
Council a fee of fifty kwacha per kilogramme before disposal. site levy
5. Any person who disposes of wastes at any other place other than that Offences and
established under these By-laws shall be guilty of an offence and shall penalties
be liable upon conviction-
(a) in the case of a first offence, to a fine not exceeding one
thousand penalty units or to imprisonment for a period not exceeding six
months, or to both;
(b) in the case of a second offence, or subsequent offence, to a fine
not exceeding two hundred kwacha for every day during which the
contravention continues.
CHAPTER 282
THE LOCAL GOVERNMENT ELECTIONS ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
LOCAL GOVERNMENT ELECTORAL COMMISSION
PART IV
HOLDING OF ELECTIONS
PART V
ELECTION PETITIONS
PART VI
CORRUPT AND ILLEGAL PRACTICE AND ELECTION
OFFENCES
31. Bribery
32. Personation
33. Treating
34. Undue influence
35. Penalty
36. Illegal practice of publishing false statements in respect of
candidates
37. Illegal practice in respect of nomination of candidates
38. Illegal practice in respect of voters
39. Illegal practice in respect of public meetings
40. Illegal practice in broadcasts
41. Penalty for illegal practices
42. Election offences
43. Secrecy
44. Offences by election officer
45. Offences by printers and publishers
46. Penalty for attempt to commit certain offences
PART VII
MISCELLANEOUS
PART I
PRELIMINARY
1. (1) This Act may be cited as the Local Government Elections Act. Short title
(2) This Act shall be deemed to have come into operation on 1st Application
December, 2001.
PART II
(6) In the exercise of its functions under this Act, the Commission shall
not be subject to the direction or control of any other person or authority.
4. The President shall appoint a Secretary to the Commission who shall Secretary to
discharge such functions as the Commission may direct. Commission
5. (1) The Commission may, by regulation regulate its own procedure Procedure of
and confer powers or impose duties on any officer or authority of the Commission
Government or of a council for the purpose of discharging its functions.
(2) Any decision of the Commission shall require the support of the
majority of its members.
6. (1) The Commission may appoint such election officers as it may Appointment of
consider necessary for the purpose of any election and, subject to the election officers
other provisions of this section, any election officer may exercise such
functions relating to an election as may be prescribed by the
Commission.
Provided that an election officer may at any time, in such manner as may
be prescribed, revoke an appointment made by him under this
subsection.
(3) Every election officer shall, before exercising any of the functions
of his office, take and subscribe such oath or make such affirmation in
lieu of the Oath, as the Commission may prescribe.
7. (1) The conduct of every election shall be subject to the direction and Conduct and
supervision of the Commission. expenses of
Local
Government
elections
(2) The costs of, and incidental to, the conduct of any election in any
ward of a council shall be paid out of moneys appropriated by
Parliament for the purpose:
Provided that, notwithstanding any such appropriation, such council
shall pay into the general revenues of the Republic the amount of such
costs, or such lesser amount as the Minister may prescribe, by statutory
order, in respect of such council.
(3) Where any question arises as to the amount of the costs referred to in
subsection (2), a certificate under the hand of the Minister stating the
amount of the costs shall be conclusive and shall not be questioned in
any proceedings whatsoever.
8. (1) Subject to the other provisions of this Act, the Commission may, Powers of
by statutory instrument, make regulations providing for the procedure Commission
and manner of conducting every election, and may, at any time, issue
instructions to any election officer in connection with his functions
under this Act and may require any election officer to furnish to the
Commission such information and returns as it may consider necessary.
(3) Regulations made under this section may provide in respect of any
contravention of them that any such contravention shall be a corrupt
practice or an illegal practice and that any offender shall be liable, on
conviction, to a fine not exceeding eight hundred penalty units or to a
term of imprisonment not exceeding two years, or to both.
(4) No prosecution for an offence against this Act shall be commenced
after the lapse of one year from the date on which the offence is alleged
to have been committed.
PART III
DELIMITATION OF WARDS
9. (1) Not later than six months after the appointment of the members Division of area
of the Commission under section three, and whenever thereafter it is of councils into
necessary to do so to give effect to the provisions of this section, the wards
Commission shall, after consultation with every council, by statutory
order, divide the area of each council into wards, defining the
boundaries of the wards by reference to polling districts, and assigning
names to the wards.
(2) The number of wards into which the area of a council is divided
shall be equal to the number of elected councillors prescribed in respect
of that council by the Minister under the Local Government Act.
(3) The Commission shall exercise its powers under this section that
each ward comprises one or more complete polling districts.
(4) Whenever the Minister alters the area of a council or the number of
councillors of a council, the Commission shall after consultation with
such council, by statutory order, make such alterations to the boundaries
of the wards of such council or to the division of the area of such council
into wards as may be necessary to give effect to the provisions of this
section.
(5) Whenever the Commission is satisfied that there has been a material
alteration in the number of registered voters in the area of a council or of
any of the wards into which such area is divided, the Commission may,
after consultation with the council concerned, exercise in respect of the
area of that council or any part of the council the powers conferred by
this section.
PART IV
HOLDING OF ELECTIONS
Provided that-
(a) a poll shall not be taken in any ward in respect of which only one
candidate is validly nominated for election; or
(2) Whenever-
(3) A statutory order under this section shall specify the day or days on
which, and the hours within which returning officers may receive
nominations of candidates for election in any ward to which such order
relates.
(As amended by Act No. 26 of 1991 and No. 31 of 1993)
11. (1) Subject to subsection (2), every candidate for election in a ward Nomination of
of a council shall be nominated by means of a nomination paper in such candidates
form as may be prescribed, and such nomination paper shall be
subscribed, in the presence of the returning officer for that council, by a
proposer and a seconder and not less than seven other persons, each of
whom shall be a voter registered in a polling district in such ward.
(2) Any person presenting himself to a returning officer for the purpose
of subscribing a nomination paper under subsection (1) shall identify
himself by producing his voter's registration card and his national
registration card to the returning officer for inspection.
12. (1) Subject to the other provisions of this section, a byelection to fill By-elections
a casual vacancy in the office of a councillor shall be held on such date
as the Commission may, by statutory order, prescribe, being a date not
later than ninety days after the date when notification of the vacancy was
received by the Commission.
(3) A statutory order this section shall specify the day or days on which,
and the hours within which, returning officers may receive nominations
of candidates for election in any ward to which such order relates.
13. There shall be one councillor elected for each ward into which the Representation
area of a council is divided and, without prejudice to the Local of wards and
Government Act, every councillor of a council shall hold office for the tenure of office
duration of the period expiring immediately before the result of the next Cap. 281
ordinary election held in respect of that council or in respect of the ward
for which he is elected councillor, as the case may be, is duly declared:
(a) every person who, at the time when any election is held in any
ward under this Act, is registered in a register of voters relating to any
polling district in that ward; or
(b) is any established resident of Zambia, who is a rate payer and has
resided in the area of that council for a minimum period of three years;
and who has attained the age of eighteen years.
shall be entitled to vote at elections under this Act in the prescribed
manner.
15. No person shall be entitled to vote at an election under this Act Disqualification
who- from voting
(a) has been convicted of any corrupt practice of illegal practice
within a period of five years preceding that election;
(b) has been reported guilty of any corrupt practice or illegal
practice by a court upon the trial of an election petition under this Act
within a period of five years preceding that election; or
(c) is in lawful custody at the date of that election.
17. (1) A person shall not be qualified for election as a councillor if he- Disqualification
of councillors
(e) has on the day, for nomination or of election to the council, not
paid the rate, charge or tax due to the council or to any other Local
Authority and has been notified; or
PART V
ELECTION PETITIONS
(d) that the candidate was at the time of his election a person not
qualified or a person disqualified for election as a councillor.
(b) the candidate and his election agent took all reasonable means
for preventing the commission of corrupt practice or illegal practice at
such election; and
(c) in all other respects the election was free from any corrupt
practice or illegal practice on the part of the candidate or his election
agent;
then, the court shall not, by reason only of such corrupt practice or
illegal practice, declare that the election of such candidate was void.
19. An election petition may be presented to the court by one or more Who may
of the following persons: present election
(a) a person who lawfully voted or had a right to vote at the election petition
to which the election petition relates;
(b) a person claiming to have had a right to be nominated as a
candidate or elected as councillor at the election to which the election
petition relates; or
(c) a person alleging himself to have been a candidate at the election
to which the election petition relates; or
(d) the Attorney-General.
20. (1) Any of the following reliefs may be claimed in any petition: Relief which
may be claimed
in election
(a) the vote of any person whose name was not on the register of
voters assigned to the polling station at which the vote was cast or who
was not authorised to vote at such polling station under this Act;
(b) the vote of any person whose vote was procured by any corrupt
practice or illegal practice;
(d) the vote of any person proved to have voted more than once at
the election to which the election petition relates; or
(e) the vote of any person who was disqualified from voting at the
election to which the election petition relates.
21. (1) Every election petition shall be in such form and shall contain Form and
such matters as may be prescribed by rules made by the Chief Justice. procedure for
presentation of
election
petitions
(2) Presentation of an election petition to the court shall be made by
lodging it with the Registrar in accordance with this Act.
(3) Every election petition shall be signed by the petitioner, or by all the
petitioners if more than one, and shall be presented not later than thirty
days after the date on which the result of the election to which it relates
is duly declared.
(a) at any time before the expiry of twenty-one days after the day on
which the returning officer receives the return of the election expenses
of the respondent; or
22. (1) Subject to subsection (2), the Registrar shall make out a list of Duty of
all election petitions presented under this Act, placing them on such list Registrar to
in the order in which they are presented and he shall keep at his office a make out list of
copy of such list which shall be open for inspection by any person election
making application for inspection of it. petitions
(2) Every election petition shall, unless the court orders otherwise, be
tried in the order in which it stands on the list made out by the Registrar
under subsection (1), but where more election petitions than one are
presented in respect of the same election, such election petitions shall be
bracketed together and shall be dealt with as one petition, standing,
unless the court orders otherwise, in such list in the place where the last
of such election petitions would have stood if it had been the only
election petition presented in respect of that election.
23. (1) Subject to this Act, the Chief Justice may make rules regulating Rules of
generally the practice and procedure of the court with respect to the practice and
presentation and trial of election petitions, including rules as to the time procedure;
within which any requirement of such rules is to be complied with, and security for
as to the costs of and incidental to the presentation and trial of election costs
petitions and as to the fees to be charged in respect of proceedings
therein, and generally in regard to any other matter relating thereto as
the Chief Justice may consider necessary or desirable.
Provided that the court may, in respect of any election petition dismissed
under this subsection, as aforesaid, make such order as to costs as it may
consider just.
24. (1) A petitioner shall not withdraw an election petition without the Withdrawal of
leave of the court. election
petitions
25. (1) Upon the hearing of an application under subsection twenty-four Substitution of
for leave to withdraw an election petition, any person who might have new petitioners
been a petitioner in respect of the election to which that election petition
relates may, notwithstanding section twenty-one, apply to the court to be
substituted for the petitioner so applying to withdraw, and the court
may, if it gives leave to such petitioner to withdraw, order that such
person (hereinafter referred to as "the substituted petitioner") be
substituted for such petitioner.
(3) Where the court makes an order under subsection (1) it may direct
that the security for costs given by the original petitioner shall remain as
security for any costs caused thereafter by the substituted petitioner
upon the trial of the election petition, and may direct that, to the extent
of the amount of such security, the original petitioner shall be liable to
pay the costs of the substituted petitioner.
26. (1) If a sole petitioner or the survivor of several petitioners dies, Abatement of
then, subject to the other provisions of this section, no further election
proceedings shall be had on the election petition. petitions
(2) The death of a petitioner shall not affect his liability for the payment
of costs previously incurred.
(4) Where the court makes an order under this section for the
substitution of a person in place of a deceased petitioner such person
shall, as nearly as may be, stand in the same position and be subject to
the same liabilities under this Act as the deceased petitioner would have
been but for his death, and subsections (2) and (3) of section
twenty-three shall apply to such person as they apply in relation to a
petitioner presenting an election petition.
27. (1) Subject to the other provisions of this Act, every election Trial of election
petition presented under this Act shall be tried and determined by the petitions
court.
(3) The court may adjourn the trial of an election petition from time to
time and from place to place.
(4) Subject to the other provisions of this Act, the court may, in respect
of the trial of an election petition, exercise such powers within its civil
jurisdiction as it may deem appropriate.
28. (1) On the trial of an election petition, the court may- Provisions as to
witnesses
(a) order any person who appears to the court to have been
concerned in the election to attend as a witness at such trial;
(b) examine any witness or any person who is present at such trial
although such witness or person is not called as a witness by any party to
the proceedings:
Provided that-
(2) Where the court determines under subsection (1) that the respondent
was duly elected, such election shall be and remain valid.
(3) Where the court determines under subsection (1) that the respondent
was not duly elected but that some other person was duly elected, such
other person shall be deemed to have been elected accordingly.
(4) Where the court determines under subsection (1) that the respondent
was not duly elected, and that no other person was duly elected at the
election concerned, the vacancy in the membership of the council in
respect of which that election was held shall be deemed to continue until
duly filled.
(6) Where it appears to the court upon the trial of an election petition
that any corrupt practice or illegal practice has been committed by any
person in connection with the election to which such election petition
relates, the court shall, at the conclusion of the proceedings, prepare a
report stating-
(b) the names and particulars of any person by whom such corrupt
practice or illegal practice was, in the opinion of the court, committed:
Provided that the court shall not state the name of any person under this
paragraph unless such person has been given an opportunity of
appearing before the court and of showing cause why his name should
not be stated.
(7) The Registrar shall deliver a copy of every report prepared by the
court under subsection (6) to-
30. (1) Subject to the other provisions of this section, all costs, charges Provisions as to
and expenses of and incidental to the presentation and trial of an election costs
petition shall be borne in such manner and in such proportions as the
court may order, and in particular, any costs which in the opinion of the
court have been caused by any vexations conduct or by any frivolous or
vexatious allegations or objections on the part of the petitioner or of the
respondent, may be ordered to be paid by the party by whom such costs
have been caused.
(2) Where, on the trial of an election petition, the court determines that
the respondent was not duly elected and is of the opinion, having regard
to the circumstances, that it would be just and reasonable to relieve any
party to the election petition from all or a portion of the costs thereof,
then-
(a) if the court finds that the election of the respondent was due to a
mistake or improper performance or failure of performance of any
function bona fide made by any election officer, it may, after sufficient
notice to the Attorney-General to show cause to the contrary, make such
order as to the payment by the State of the costs of the proceedings or a
portion thereof, as it may consider proper;
(b) if the court finds that the election of the respondent was due to a
mistake or improper performance or failure of performance of any
function mala fide made by an election officer, it may, after sufficient
notice, to such officer to show cause to the contrary, make such order as
to the payment by such election officer of the costs of the proceedings or
a portion thereof, as it may consider proper.
(3) The court may, on application made by any person to whom any
costs, charges or expenses are payable under this Act, order the costs,
charges or expenses to be paid out of any deposit made to secure the
costs, charges or expenses or by any surety who gave a recognisance to
secure the costs, charges or expenses:
(4) Where, on the trial of an election petition, any person appears to the
court to have been guilty of any corrupt practice or illegal practice
relating to the election which is the subject of such election petition, the
court may, after giving that person an opportunity of making a statement
to show why the order should not be made, order the whole or a portion
of the costs of or incidental to the trial of such election petition to be paid
by the said person to such person or persons as the court may determine.
(5) Execution may be levied under any order for payment made by the
court under this section in the same manner and to the same extent as
execution may be levied under a judgement for the payment of money.
PART VI
31. Any person who, directly or indirectly, by himself or any other Bribery
person-
(a) gives, lends, or procures, or agrees to give, lend or procure, or
offers, promises, or promises to procure, any money to or for any person
on behalf of any voter or to or for any other person in order to induce any
voter to vote or refrain from voting, or who corruptly does any such act
as aforesaid on account of such voter having voted or refrained from
voting at any election;
(b) gives, lends or agrees to give or lend, or offers, or promises to
procure or to endeavour to procure, any money to or for any voter or to
or for any other person on behalf of any voter or to or for any other
person for acting or joining in any procession or demonstration before,
during or after any election;
(c) makes any gift, loan, offer, promise, procurement or agreement
to or for any person in order to induce such person to procure or to
endeavour to procure the return of any candidate at any election or the
vote of any voter at any election;
(d) upon or in consequence of any gift, loan, offer, promise,
procurement or agreement, procures or engages, promises, or
endeavours to procure, the return of any candidate at any election or the
vote of any voter at any election;
(e) advances or pays, or causes to be advanced or paid, any money
to or for the use of any other person, with the intent that such money or
any part thereof shall be expended in bribery at any election or who
knowingly pays, or causes to be paid, any money to any person in
discharge or repayment of any money wholly or in part expended in
bribery at any elections;
(f) before or during any election receives or contracts for any
money or loan for himself or for any other person for voting or agreeing
to vote or for refraining agreeing to refrain from voting at any election;
or
(g) after any election receives any money on account of any person
having voted or refrained from voting or having induced any other
person to vote or refrain from voting at such election; or
(h) conveys or transfers, or is concerned with the conveyance or
transfer of, any property, or pays or is concerned with the payment of
any money, to any person for the purpose of enabling him to be
registered as a voter, thereby to influence his vote at any future election,
or pays or is concerned with the payment of any money on behalf of any
other voter for the purpose of inducing to vote or refrain from voting;
shall be guilty of the offence of bribery.
33. Any person who corruptly by himself or by any other person either Treating
before, during or after an election, directly or indirectly gives or
provides or pays wholly or in part the expenses of or gives or provides
any food, drink, entertainment, lodging or provisions to, or for, any
person for the purpose of corruptly influencing that person or any other
person to give or refrain from giving his vote at an election shall be
guilty of the offence of treating.
34 (1) Any person who directly or indirectly, by himself or by any other Undue
person- influence
35. Any person who is guilty of the offence of bribery, personation, Penalty
treating or undue influence shall be liable on conviction to a fine not
exceeding eight hundred penalty units or to imprisonment for a period
not exceeding two years, or to both.
(As amended by Act No. 13 of 1994)
36. (1) Any person who, before or during an election, illegally Illegal practice
publishes a false statement of the illness, death or withdrawal of a of publishing
candidate at that election for the purpose of promoting or procuring the false statements
election of another candidate, knowing that statement to be false or not in respect of
believing it to be true, shall be guilty of an illegal practice. candidates
(2) Any person who, before or during an election, publishes any false
statement of fact in relation to the personal character or conduct of a
candidate in the election, shall be guilty of an illegal practice, unless he
can show that he had reasonable grounds for believing and did believe,
the statement to be true.
37. Any person who forges or fraudulently destroys any nomination Illegal practice
paper, or delivers to a returning officer any nomination paper knowing in respect of
the same to be forged, shall be guilty of an illegal practice. nomination of
candidates
38. Any person who at an election obstructs a voter either at the polling Illegal practice
station or on his way thereto or therefrom shall be guilty of an illegal in respect of
practice. voters
39. Any person who, at a lawful public meeting held in connection Illegal practice
with the election of any person between the day of the publication of a in respect of
notice appointing nomination day and the day on which the result of the public meetings
election is published, acts or incites others to act in a disorderly manner
for the purpose of preventing the transaction of the business which the
meeting is called, shall be guilty of an illegal practice.
40. Any person who, with intent to influence persons to give or refrain Illegal practice
from giving their votes at an election, uses or procures the use of any in broadcasts
wireless transmitting station outside the Republic shall be guilty of an
illegal practice.
41. Any person who is guilty of an illegal practice shall be liable on Penalty for
conviction to a fine not exceeding eight hundred penalty units or to illegal practices
imprisonment for a period not exceeding two years, or to both.
(As amended by Act No. 13 of 1994)
(c) without due authority, puts into any ballot box any ballot paper
which is not authorised by law to put in;
(d) sells or offers to sell any ballot paper to any person or purchases
or offers to purchase any ballot paper from any person;
(e) not being a person entitled under this Act or the regulations
made thereunder to be in possession of a ballot paper, official seal or
official mark, has any such ballot paper or official seal or official mark
in his possession;
(f) puts into any ballot box anything other than the ballot paper
which he is authorised by law to put in;
(g) without due authority, takes out of the polling station any ballot
paper or is found in possession of any ballot paper outside a polling
station;
(i) without due authority, prints or makes any ballot paper or what
purports to be or is capable of being used as a ballot paper at an election;
(l) on a polling day loiters in any public place within four hundred
metres from the entrance to any polling station;
(m) on any polling day exhibits in any public or private place within
one hundred metres from the entrance to any polling station any notice
or sign, other than an official notice or sign authorised by an election
officer, relating to the election;
(t) within the period appointed for the receipt of nominations under
Part IV, loiters in any public place within four hundred metres from the
entrance to a nomination office;
shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding eight hundred penalty units or to imprisonment for a
period not exceeding two years, or to both.
(As amended by Act No. 13 of 1994)
43. (1) Every person in attendance at a polling station shall maintain, Secrecy
and aid in maintaining, the secrecy of the voting at such station and shall
not communicate, except for some purpose authorised by law, to any
person any information as to the name or number on the register of
voters of any voter who has or who has not applied for a ballot paper or
voted at such polling station, or as to the official mark or official seal at
such polling station.
(4) Any person who contravenes any of the provisions of this section
shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding eight hundred penalty units or to imprisonment for a team
not exceeding two years, or to both.
(As amended by Act No. 13 of 1994)
44. Any election officer who wilfully fails to perform the functions of Offences by
his office under this Act or the regulations made thereunder shall be election officer
guilty of an offence and liable on conviction to a fine not exceeding
eight hundred penalty units or to imprisonment for a term not exceeding
two years, or to both.
(As amended by Act No. 13 of 1994)
45. (1) Every bill, placard, poster, pamphlet, circular or other printed Offences by
matter having references to an election shall bear upon the face thereof printers and
the name and address of the printer and the publisher thereof, and any publishers
person who prints, publishes, or posts, or causes to be printed, published
or posted, any such matter which fails to bear upon the face thereof such
names and addresses shall be guilty of an offence.
46. Any person who attempts to commit an offence which is a corrupt Penalty for
practice or illegal practice or an offence against section forty-eight shall attempt to
be guilty of an offence and shall, on the conviction, be liable to the commit certain
punishment prescribed for the offence commission of which is offences
attempted.
PART VII
MISCELLANEOUS
47. Repealed by Act No. 17 of 1994.
48. Whenever a person has become subject to any incapacity under this When
Act by reason of a conviction or by reason of any declaration or report of incapacity may
any court, and any witness who gave evidence against such person upon be removed
the proceeding for such conviction, declaration or report is convicted of
perjury in respect of that evidence, such person may apply to the High
Court which, if satisfied that the conviction, declaration or report, so far
as it concerns that person, was based upon perjured evidence, may order
that his incapacity shall from that time cease, and the same shall cease
accordingly.
49. No person who has voted at an election shall in any proceedings, No person
whether brought under this Act or otherwise, be required to state for required to state
whom he has voted. how he voted
50. Upon any charge of a corrupt practice or an illegal practice, or any Evidence as to
other offence against this Act, alleged to have been committed at or in holding of
connection with an election, the certificate of a returning officer that the election
election mentioned therein was being or had been held shall be
sufficient evidence of the fact that such election was being or had been
held.
52. Notwithstanding anything to the contrary in this Act, the following Transitional
provisions shall have effect in relation of election to be held in 1991, provisions in
under subsection (1) of section two: respect of
(a) where the Minister makes an order under the Local Government elections in
Act altering the area of a council or declaring that any area shall cease to 1991
be a municipality or a township or a rural area, as the case may be or Cap. 281
altering the number of elected councillors of any council, and order
made prior thereto under subsection (1) of section ten shall cease to have
effect in relation to any such area or council;
(b) where the Minister makes an order referred to in paragraph (a) in
respect of any area or council, any order made prior thereto under
subsection (1) of section nine shall cease to have effect in relation to
such area or council;
(c) where the Minister makes an order referred to in paragraph (a) in
respect of any area or council, the Commission shall, after such
consultation with such other authority as it may consider necessary or
desirable, exercise its powers under section ten in relation to such area
or council in conformity with, and in such manner as may be necessary
to give effect to the provisions of, the said order of the Minister;
(d) where the Minister makes an order referred to in paragraph (a) in
respect of any area or council, no order shall be made by the President
under subsection (1) of section ten in respect of such area or council
until the Commission has exercised its powers in relation to such area or
council as provided in paragraph (c);
SUBSIDIARY LEGISLATION
PART II
HOLDING OF ELECTIONS AND
NOMINATION OF CANDIDATES
7. Vacancies in council membership to be notified
8. Application of regulation 7
9. Place for nomination of candidates
10. Nomination paper
11. Nomination paper to be accompanied by statutory declaration
12. Election fee
13. Returning officer to provide nomination papers and advice on
request
14. Prohibition of nomination of candidate in more than one ward
15. Withdrawal of nomination
16. Determination of validity, and rejection, of nominations
17. Procedure after determination of validity of nominations
18. Inspection of nomination papers
19. Returning officer to publish information locally
20. Procedure if no candidate validly nominated in a ward
21. Procedure if a candidate dies before close of poll
22. Use of symbols by candidates
23. Allocation and registration of symbols
24. Determination of question whether candidate supported by
political party
25. Election agents
PART III
PROCEDURE FOR THE POLL
26. Poll to be conducted by secret ballot
27. Establishment of polling stations
28. Polling agents
29. Commencement and close of poll
30. Right to vote
31. Lost etc. voter's registration card
32. Duty of returning officer and publication of notices at polling
stations
33. Ballot boxes, official seals and official marks
34. Ballot papers
35. Procedure before commencement of poll
36. Control of persons entering polling stations
37. Application for ballot paper
38. Procedure for casting vote
39. Votes to be cast without undue delay
40. Polling assistant may act during temporary absence of
presiding officer
41. Spoilt ballot papers
42. Presiding officer may assist incapacited voter
43. Voting by persons employed on election duties
44. Restriction on communication in precincts of polling station
45. Adjournment of poll in case of emergency
46. Procedure after close of poll
PART IV
PROCEDURE FOR THE COUNT
47. Duty of returning officer to arrange for counting of votes and
notification of candidates
48. Persons who may attend counting of votes
49. Examination of seals of packets and ballot boxes received by
returning officer
50. The Count
51. Rejection of ballot papers
52. Recounting of votes
53. Equality of votes
54. Declaration of result of poll
55. Publication of result of poll
56. Questions arising on decision of returning officer
57. Ballot papers to be sealed in packets after completion of
counting
58. Verification of ballot paper accounts
59. Custody and destruction of election matter
PART V
CORRUPT AND ILLEGAL
PRACTICES AND ELECTION
OFFENCES
60. Bribery
61. Personation
62. Treating
63. Undue influence
64. Corrupt practices and penalties
65. Illegal practice of publishing false statement in respect of
candidates
66. Illegal practice in respect of nomination of candidates
67. Illegal practice in respect of voters
68. Illegal practice in respect of public meetings
69. Illegal practice in respect of broadcasts
70. Penalty for illegal practices
71. Election offences
72. Penalty for breach of secrecy
73. Offences by election officers
74. Offences by printers and publishers
PART VI
CANVASSING
75. Interpretation
76. Canvassing
77. Contents of written statements
78. Publication of written statements
79. Contents of oral statements
80. Request to public media
81. Offences
82. Penalties
Statutory
LOCAL GOVERNMENT ELECTIONS REGULATIONS instrument
SECTION 8-LOCAL GOVERNMENT ELECTIONS 111 of 1992, 185
of 1993
REGULATIONS Act No.
Regulations by the Local Government Electoral 13 of 1994
Commission
PART I
PRELIMINARY
1. These Regulations may be cited as the Local Government Elections Title
Regulations.
2. (1) In these Regulations, unless the context otherwise requires- Interpretation
"assistant returning officer" means a person appointed to assist a Cap. 281
returning officer under paragraph (b) of sub-regulation (1) of regulation Cap. 126
4; Cap. 126
Cap. 13
"ballot box" means a ballot box provided to a presiding officer under Cap. 13
regulation 32 for the taking of a poll; Cap. 13
"ballot paper" means a document in Form LGE 4 set out in the Schedule; Cap. 13
"ballot paper account" means a document in Form LGE 6 set out in the
Schedule;
"candidate" means-
(a) in relation to any period before the close of the period appointed
under Part IV of the Act for receiving nominations in a ward, any person
intending to stand for election in that ward; and
(b) in relation to any period after the close of the period appointed
under IV of the Act for receiving nominations in a ward, any person
validly nominated as a candidate for election in that ward;
"counting assistant" means a person appointed as a counting assistant
under regulation 4;
"election agent" has the meaning assigned thereto in regulation 25;
"election officer" means a person appointed as an election officer under
section six of the Act. Local Government Elections Regulations
"national registration card" means a national registration card, issued
under the National Registration Act, which is not cancelled or required
to be cancelled under that Act, and in relation to any person, means a
national registration card in the lawful possession of such person under
that Act;
"national registration number" means, in relation to a national
registration card, the serial number inserted on the national registration
card issued under the National Registration Act;
"nomination paper" means a document in Form LGE 2 set out in the
Schedule;
"official mark" means a mark provided to a presiding officer under
regulation 32 for the taking of a poll;
"official seal" means a seal provided to a presiding officer under
regulation 32 for the taking of a poll;
"polling agent" has the meaning assigned thereto in regulation 28;
"polling assistant" means a person appointed as a polling assistant under
regulation 4;
"polling day" means a day appointed under Part IV of the Act for the
taking of a poll, and includes any day appointed under regulation 45;
"polling district" means a polling district prescribed under the Electoral
(Registration of Voters) Regulations.
"polling station" means a place established as a polling station under
regulation 27;
"presiding officer" means a person appointed as a presiding officer
under regulation 4;
"registered" means-
(a) in relation to a person, a person registered in a register of voters
under the Electoral (Registration of voters) Regulations, and
(b) in relation to a symbol, means a symbol registered by the
Director of Elections under regulation 23; Local Government Electors
Regulations
"register of voter" means a register of voter prepared and certified, and
in force, under the Electoral (Registration of Voters) Regulations, and
"copy", in relation to a register of voters, means a copy of such register
of voters provided to a pesiding officer under regulation 32 for the
taking of the poll;
"returning officer" means a person appointed as a returning officer
under regulation 4;
"voter" means a person registered in a register of voters;
"voter's registration card" means a voter' registration card issued under
the Electoral (Registration of Voters) Regulations, which is not
cancelled or deemed to be cancelled under the provisions of the said
Regulations.
(b) such approved number of fit persons as the returning officer for
that council may, by notice in writing, appoint for the purpose of
assisting him in the exercise of his functions in respect of that council;
and
(3) Whenever-
PART II
HOLDING OF ELECTIONS AND
NOMINATION OF
CANDIDATES
7. The principal officer shall upon a causal vacancy occurring in the Vacancies in
elected membership of a council, inform the Commission in writing council
with a copy to the Director of Elections of the vacancy, and of the ward membership to
concerned, as soon as practicable after it occurs. be notified
9. The election officer for a council in respect of which an order for the Place for
holding of an election has been made under Part IV of the Act shall nomination of
publish by notice at the offices of such council and at such other places candidates
as he may deem fit, the places and times for receiving nominations of
candidates in that election and it shall be the duty of that election officer
to attend at such places and at such times for that purpose.
10. (1) Every candidate for election in a ward shall be nominated by Nomination
means of a nomination paper in Form LGE 3 in the Schedule. paper
(a) the name of the political party which supports his nomination; or
(c) the name and address of the person, if any, appointed by him to
be his election agent for for the purpose of these Regulations.
the candidate shall have attained education qualification of not less than
Grade 7 or its equivalent and shall produce it to the election officer at the
time of lodging his nomination paper.
12. At the time a nomination paper is lodged under regulation 10, there Election fee
shall be paid a fee to the returning officer by or on behalf of the
candidate concerned in the sum of forty fee units in cash.
(As amended by Act No. 13 of 1994)
13. (1) The returning officer shall provide nomination papers to any Returning
person reasonably requesting the same. officer to
provide
nomination
papers and
advice on
request
(3) The question whether any, and if so what, advice was given under
sub-regulation (2) shall not be inquired in any court.
15. A candidate for election in a ward may withdraw his nomination Withdrawal of
paper by notice in writing signed and delivered by him to the returning nomination
officer for that ward before the close of the period appointed in respect
of that ward for receiving nominations.
16. (1) The returning officer for any ward shall, at the close of the Determination
period appointed in respect of that ward for receiving nominations, of validity, and
determine the validity of each nomination paper lodged with him under rejection, of
regulation 10, and shall declare any nomination paper invalid if he is nomination
satisfied-
17. (1) A returning officer shall, after he has determined the validity of Procedure after
the nomination papers lodged with him, inform the Commission of the determination
names of the candidates validly nominated and of the particulars stated of validity of
in respect of each candidate under paragraph (a) of sub-regulation (3) of nominations
regulation 10.
(2) Where a returning officer for any ward determines that only one
candidate has been validly nominated for election in that ward the
returning officer shall, on the date appointed for the holding of the
election, declare the candidate to be elected in that ward and shall so
inform the Commission and the principal officer of the council in the
area of which the ward is situated.
(3) Where a returning officer for any ward determines that no candidate
has been validly nominated for election in that ward the returning officer
shall so inform the Commission and the principal officer of the council
in the area within which the ward is situated.
18. At any reasonable time after a returning officer for a ward has Inspection of
made a determination in respect of any nomination paper under nomination
regulation 16, and before the day appointed for the taking of a poll in papers
that ward, any person registered or nominated as a candidate in such
ward may inspect any nomination paper at the the office of the returning
officer.
19. (1) Where two or more candidates have been validly nominated for Returning
election in a ward of a council the returning officer shall give public officer to
notice locally, at the offices of the council and at such other places as he publish
may deem fit, that a poll shall be taken in the ward on the date appointed information
therefore and the notice shall set out the names of such candidates in locally
alphabetical order of surnames, the symbol allocated to each candidate
and the political party, if any, to which each candidate belongs.
(2) Where only one candidate has been validly nominated for election
in any ward the returning officer shall give public notice locally that a
poll shall not be taken in that ward.
20. Where the Commission has been advised under regulation 17 that Procedure if no
no candidate has been validly nominated for election in a ward, the candidate
Commission shall- validly
(a) in the case of an ordinary election inform the President, by notice nominated in a
in writing, who may exercise his powers under the Act to appoint ward
another day for receiving the nominations of candidates for election in
that ward and for the taking of a poll therein; or
(b) in the case of an election arising from a casual vacancy exercise
its powers under the Act to appoint another day for receiving the
nominations of candidates for election in that ward and for the taking of
a poll therein.
21. (1) Where, after the day appointed for receiving nominations and Procedure if a
before the close of the poll in any ward, the Commission is satisfied that candidate dies
a candidate validly nominated for election in such ward has died, the before close of
Commission shall- poll
22. (1) For the purpose of assisting persons to identify candidates Use of symbols
during an election each candidate shall associate himself with a symbol by candidates
registered under regulation 23.
23. (1) The Director of Elections shall keep a register of symbols for Allocation and
use by candidates at elections and the register shall be in such form as registration of
the Director of Elections may determine. symbols
(d) any symbol which is not distinctive from any other registered
symbol;
(e) any symbol the use of which may, in the opinion of the Director
of Elections, be offensive or objectionable.
(5) The Director of Elections shall not register a symbol under this
regulation in respect of any political party or candidate until any other
symbol registered in respect of that party or that candidate is cancelled
under this Regulation.
24. If any question arises, in respect of the allocation and registration Determination
of a symbol under regulation 23, as to whether the nomination of a of question
candidate is supported by a political party, the question shall be referred whether
and determined by the Commission whose decision thereon shall be candidate
final: supported by
political party
Provided that the Commission shall consult the leader or secretary of the
political party before determining the question.
25. (1) Subject to sub-regulation (2) the election agent of a candidate Election agents
shall be the person named as such in the nomination paper lodged by
such candidate under regulation 10.
(2) A candidate may revoke the appointment of his election agent at any
time after lodging his nomination paper under regulation 10.
PART III
PROCEDURE FOR THE POLL
26. Where a returning officer gives notice under subregulation (1) of Poll to be
regulation 19 that a poll shall be taken, the poll shall be conducted by conducted by
means of a secret ballot and the result shall be ascertained in accordance secret ballot
with Part IV.
27. (1) The returning officer for a council shall appoint a place at which Establishment
the polling station for each polling district in such council area shall be of polling
established and shall cause notice of every place so appointed to be stations
published in such manner as the Director of Elections may direct.
(2) With the approval of the Director of Elections the same polling
station may be appointed under this regulation for two or more polling
districts.
28. (1) A candidate or his election agent may appoint, in respect of each Polling agents
polling station within the ward in which he is nominated, a person to be
known as a polling agent.
(2) Not later than seven days before the polling day appointed for the
ward in which he is nominated a candidate or his election agent shall
inform the returning officer for that ward, by notice in writing, of the
names of the poling agents appointed under subregulation (1) and shall
specify in the notice the polling stations for which the polling agents
have been appointed.
(3) A polling agent appointed under sub-regulation (1) may attend at the
polling station for which he is appointed throughout the taking of the
poll:
29. The poll shall commence and, subject to regulation 45, shall close Commencement
at such time as the Commission shall, by notice in the Gazette, direct: and close of poll
Provided that the presiding officer shall permit every voter who at the
time of closing the poll-
(a) is inside the polling station;
(b) in his opinion is in the immediate precincts of the polling station
and was prevented from entering the polling station owing to congestion
therein;
to cast his vote before closing the poll.
30. (1) Subject to the provisions of sections fourteen and fifteen of the Right to vote
Act a voter shall be entitled to vote in an election at the polling station
appointed for the polling district in which he is registered and shall not
be entitled to vote at any other polling station unless authorised to do so
under regulation 43.
(2) At the taking of a poll a voter shall be entitled to cast one, and only
one vote and if a voter's name appears in error or for any other reason in
more than one register of voters or more than once in the same register
of voters he shall not be entitled to cast more than one vote.
31. (1) Where a voter's registration card has been lost, destroyed, or Lost, etc.,
defaced as to be illegible in any material particular, the voter in question voter's
shall, apply in person to the election officer in accordance with registration card
sub-regulation (2) by producing his National Registration Card for the
issue of a certificate in Form LGE 10 as set out in the Schedule:
(2) An application for a certificate shall be made not later than four days
before the date specified under regulation 19 for the taking of the poll in
the elections.
32. For the taking of a poll a returning officer shall, in respect of each Duty of
polling district within a ward- returning
(a) ensure that in each polling station there are sufficient officer and
compartments within which voters may mark their ballot papers in publication of
secrecy and screened from observation; notices at
polling stations
(b) provide each presiding officer with such number of ballot boxes,
ballot papers, official marks, official seals, copies of the register of
voters relating to the polling district and such other things as may be
necessary;
(c) do such other acts and make arrangements to facilitate the taking
of the poll as may be necessary for ensuring that it is taken in the manner
provided in these Regulations and in accordance with any instructions
issued by the Commission or the Director of Elections;
(d) publish, both inside and outside each polling station, notices
instructing voters as to the procedure for casting their votes and notices
showing-
33. (1) Every ballot box shall be so constructed that after it is sealed Ballot boxes,
under regulation 35 the ballot papers can be placed by voters but not official seals
taken out without breaking the seals. and official
marks
(2) In respect of every election the official seals and official marks shall
be in such form as the Director of Elections may determine.
34. (1) Every ballot paper shall be in Form LGE 4 set out in the Ballot papers
Schedule and, in respect of any ward shall show-
(a) the names of the candidates for election in the alphabetical order
of surnames;
35. (1) Immediately before the commencement of the poll the presiding Procedure
officer at each polling station shall show every box, open and empty, to before
any person whose presence for that purpose is permitted under commencement
regulation 36 so that such person may see that it is empty, and shall then of poll
lock and seal with the official seal every such ballot box, and shall
permit any candidate, election agent or polling agent who may be
present to affix their seals thereto, and such seal or seals shall not be
broken until the ballot box is opened in accordance with the provisions
of these Regulations.
(2) The presiding officer at each polling station shall place the key to
every ballot box in a packet marked "A" as soon as the ballot box has
been locked in accordance with sub-regulation (1), and shall then seal
the packet with the official seal, and shall permit any candidate, election
agent or polling agent who may be present to affix their seals thereto,
and the seal or seals shall not be broken except for the purpose of
opening the ballot box under the provisions of these Regulations.
(3) The presiding officer at each polling station shall place every ballot
box locked and sealed under subregulation (1) in such a position in the
polling station that it can be seen throughout the taking of the poll by the
presiding officer and by the candidate, election agent or polling agent
who may be present at the polling station.
(4) The presiding officer at each polling station shall ensure that there is
available throughout the taking of the poll in each compartment
provided under paragraph (a) of regulation 32 a suitable pencil or pen
for the use of every voter when marking his ballot paper.
36. (1) The presiding officer at each polling station shall keep order in Control of
the polling station and in its precincts and shall regulate the number of persons
voters to be admitted at a time to the polling station. entering polling
stations
(2) The presiding officer at each polling station may require any person,
other than-
(d) the returning officer or assistant returning officer for the council
area in which the polling station is situated;
(e) the candidates for election in the ward in which the polling
station is situated;
Provided that any of the persons described in paragraphs (a) to (i) may
be required by the presiding officer to leave the polling station and its
precincts if, in the opinion of the presiding officer, that person is causing
a disturbance which is likely to interfere with the taking of the poll.
37. (1) Every person applying for a ballot paper shall- Application for
ballot paper
(a) present himself at the polling station appointed under regulation
27 for the polling district in which he is registered; and
(3) No applicant for a ballot paper shall be issued with a ballot paper or
permitted to vote at a polling station unless the presiding officer or
polling assistant for the polling station is satisfied-
(a) that the applicant is registered in the polling district for which
the polling station is appointed; and
(b) that the applicant has produced the voter's registration card
issued to him in respect of such registration; and
(d) that the applicant has not previously voted in the election in
respect of which he is applying for a ballot paper.
(i) in the case of a voter without any thumb such voter shall
immerse a finger up to at least the whole of the exposed nail;
(i) call out the number and name of the voter as recorded in the copy
of the register of voters at the polling station;
(ii) draw a line through the number and name of the voter in the copy
of the register of voters as evidence that the voter has received a ballot
paper;
(iv) enter on the counterfoil of the ballot paper the number of the
voter as recorded in the copy of the register of voters; and
(v) stamp the voter's registration card produced by the voter under
regulation 37 with the official mark; and
(c) the presiding officer or polling assistant shall then detach the
ballot paper from its counterfoil and deliver it to the voter; and
(d) the voter, on receiving the ballot paper, shall enter one of the
compartments provided under regulation 32 in the polling station and
signify the candidate for whom he wishes to vote by secretly marking
the ballot paper with a cross opposite the name of such candidate, and
shall then fold the ballot paper in such a way that the official mark
stamped thereon is visible and the mark signifying his vote is not
visible; and
(e) the voter shall then leave the compartment and shall, in the
presence of the presiding officer or polling assistant, place the folded
ballot paper in the ballot box provided in the polling station for that
purpose.
39. (1) A voter shall vote without undue delay and shall leave the Votes to be cast
polling station as soon as he has placed his ballot paper in the ballot box. without undue
delay
(2) Where the presiding officer is of the opinion that any person present
in the compartment has delayed unduly therein and that the delay may
hinder the adequate or orderly conduct of the poll he may require that
person to complete the procedure set out in paragraph (d) of regulation
38 within a period of two minutes immediately thereafter.
40. At any polling station the presiding officer may, during a Polling
temporary absence from the polling station, delegate his powers, subject assistant may
to the directions of the Director of Elections, to a polling assistant and, act during
during the period of the delegation, the polling assistant shall have and temporary
may exercise the powers of the presiding officer. absence of
presiding
officer
41. Where a voter inadvertently deals with a ballot paper in such Spoilt ballot
manner that it cannot be used as a valid ballot paper, he shall deliver the paper
ballot paper (hereinafter referred to as a "spoilt ballot paper") to the
presiding officer and if the presiding officer is satisfied that the ballot
paper has been spoilt inadvertently he shall issue another ballot paper to
the voter and shall cancel the spoilt ballot paper and the counterfoil to
which it relates
42. (1) A presiding officer, a relative or a friend may, upon application Presiding
by and with the consent of- officer may
assist
incapacitated
voter
(a) a voter who is incapacitated by blindness or other physical cause
from voting in accordance with the procedure prescribed by regulation
37; or
(3) A presiding officer acting under this regulation shall record in the
copy of the register of voters, by means of a mark placed between the
number and the name of the voter concerned that he or relative or friend
of a voter has marked the ballot paper as aforesaid on the application of
the voter and the reasons for doing so.
43. (1) Notwithstanding regulation 37, where a voter registered in any Voting by
ward is employed as a returning officer, presiding officer, polling persons
assistant, police officer or in any other official capacity at a polling employed on
station within the ward other than the polling station appointed for the election duties
polling district in which he is registered as a voter, the returning officer
shall authorise the voter by a certificate under his hand in Form LGE 5
set out in the Schedule, to vote at the polling station at which he is so
employed.
44. No person, other than a presiding officer, polling assistant, police Restriction on
officer or person on duty in an official capacity at a polling station, shall communication
have any communication whatsoever with a voter while the voter is in in precincts of
the precincts of a polling station for the purpose of voting. polling station
45. (1) Notwithstanding the terms of any Order made under Part IV of Adjournment of
the Act a presiding officer may in his discretion postpone until later in poll in case of
the day and, if necessary, adjourn to some other day, the proceedings at emergency
his polling station where they are interrupted by riot, open violence,
flood, natural catastrophe or other similar cause but where he does so he
shall start or restart the proceedings at the earliest practicable moment.
(2) A presiding officer may in his discretion extend the hours or adjourn
the day of polling at his polling station where polling has been
interrupted by any of the causes described in sub-regulation (1) and
references in these Regulations to the close of the poll shall be construed
accordingly.
(3) If a poll is adjourned under this regulation at any polling station the
hours of polling on the day to which it is adjourned shall be the same as
for the original and references in these Regulations to the closing of the
poll shall be construed accordingly.
(4) Where a presiding officer postpones or adjourns the poll under this
regulation he shall take such precautions as are necessary to safeguard
the ballot boxes, ballot papers and other election requisites and shall
forthwith notify the returning officer of such postponement or such
adjournment, as the case may be.
46. (1) As soon as practicable after the closing of the poll the presiding Procedure after
officer at a polling station, in the presence of the candidates or election close of poll
agents or polling agents present at the polling station, shall-
(a) close and seal with the official seal the aperture of every ballot
box used for the poll and permit any candidate or election agent or
polling agent to affix his seal thereto; and
(b) place in separate packets, which shall be sealed with the official
seal and with the seals of the candidates or election agents or polling
agents, if any, who wish to affix their seals thereto, the following items
in the following manner:
(i) in a packet marked "B" the unused ballot papers which shall
remain attached to their counterfoils and the spoilt ballot papers;
(ii) in a packet marked "C" the copy of the register of voters marked
in accordance with regulations 38 and 42 together with the certificates
delivered to the presiding officer under regulation 43;
(iii) in a packet marked "D" the counterfoils of the used ballot papers
including the counterfoils of any spoilt ballot papers;
(iv) in a packet marked "E" the ballot paper account completed under
paragraph (b);
(v) in a packet marked "F" the official mark and the official seal:
(c) complete the ballot paper account in respect of the poll which
shall be in Form LGE 6 set out in the Schedule hereto; and
(2) The presiding officer shall, in accordance with the directions which
may be issued by the Director of Elections, despatch each packet sealed
in accordance with sub-regulation (2) of regulation 35 and of this
regulation, together with the ballot boxes sealed in accordance with this
regulation, in safe custody to the returning officer for the ward in respect
of which the poll was conducted.
PART IV
PROCEDURE FOR THE COUNT
47. (1) The returning officer for each ward in which a poll is taken shall Duty of
arrange for the counting of the votes to take place as soon as practicable returning
after the close of the poll and shall, so far as circumstances permit, officer to
proceed continuously with the counting, allowing only a reasonable arrange for
time for refreshment, until the count is completed. counting of
votes and
notification of
candidates
(2) The returning officer for each ward in which a poll is taken shall
give notice in writing to each candidate for election in the ward, prior to
the day appointed for the taking of the poll, of the time and place at
which he will count the votes cast in the election.
48. (1) At the counting of the votes cast in an election in any ward no Person who
person other than- may attend
counting of
votes
(c) the returning officer and any assistant returning officer for the
ward;
(2) Every person authorised to attend the counting of the votes in any
ward other than a member or the Secretary of the Commission or a
police office on duty shall, unless he has taken the oath or made an
affirmation under regulation 5 or regulation 36 before so attending take
and subscribe an oath, or make an affirmation in lieu thereof, in the form
prescribed in regulation 5, an1 for that purpose the returning officer for
the ward shall have power to administer the oath.
49. (1) The returning officer for a ward in which a poll has been taken Examination of
shall take into his custody and issue a receipt for, all packets and ballot seals of packets
boxes delivered to him in accordance with sub-regulation (2) of and ballot boxes
regulation 46 received by
returning
officer
(2) When the returning officer for a ward in which a poll has been taken
is satisfied that he has received all the packets and ballot boxes in
respect of all the polling stations in the ward he shall at the time and
place notified under sub-regulation (2) of regulation 47 for the counting
of the votes, examine the seals of all the packets and ballot boxes and
shall permit the candidates, election agents and polling agents present to
examine the seals.
50. The returning officer for a ward in which a poll has been taken The count
shall, with the aid of the counting assistants for the ward, count all the
votes cast in the election in the ward according to the following
procedure:
(a) the returning officer shall open each ballot box and after
removing all the ballot papers therefrom, shall count and record the total
number of ballot papers contained in each ballot box without reference
to the manner in which the ballot papers are marked;
(b) subject to the provisions of regulation 51, the returning officer
shall then count and record the total number of valid ballot papers in
respect of each candidate;
(c) the returning officer shall ensure, while counting the ballot
papers, the counting assistants keep the side of each ballot paper on
which the vote is recorded upward and shall take all precautions for
preventing any person present at the count from seeing the number
printed on each ballot paper.
51. (1) The returning officer shall, subject to to sub-regulation (2), Rejection of
reject as invalid, and shall not count, any ballot paper- ballot papers
(a) which does not bear the official mark, unless the returning
officer is satisfied that such omission was a bona fide error; or
(b) on which votes are cast for more than one candidate: or
(3) The returning officer shall stamp the word "rejected" on any ballot
paper which under this regulation is not to be counted, and shall add
"rejection objected to" if any objection to the returning officer's decision
is made by a candidate, his election agent or his polling agent present at
the count.
(4) The returning officer shall draw up a statement in the Form LGE 7
set out in the Schedule showing the number of ballot papers rejected
under the several heads of-
52. (1) A candidate, his election agent or polling agent may, if present Recounting of
when the counting or any recounting of the votes is completed, require votes
the returning officer to have the votes recounted or again recounted, or
the returning officer may, on his own initiate, have the votes recounted
or again recounted.
Provided that the returning officer may refuse the request if, in his
opinion, it is unreasonable.
53. (1) Where an equality of votes is found to exist between any Equality of
candidate and the addition of one vote would entitle any one of the votes
candidates to be declared elected, the returning officer shall make a
recount of the votes.
54. When the counting of the votes has been completed and the result Declaration of
of the poll ascertained the returning officer shall- result of poll
(a) complete in triplicate a declaration of the result of the poll as in
Form LGE 8 set out in the Schedule;
(b) declare to be elected the candidate to whom the majority of votes
has been given by reading aloud, at the place where the counting was
conducted, the completed form;
(c) cause to be delivered to the Commission without delay the
original of the completed form; and
(d) cause to be delivered to the principal officer of of the council to
which the candidate has been elected a copy of the completed form.
55. The returning officer for a council shall cause to be conspicuously Publication of
displayed, at or near the offices of such council, for a period of not less result of poll
than fourteen days after the date of the declaration of the result of an
election, a notice stating-
(a) the full names of the person declared elected;
(b) the ward in which the person was elected; and
(c) the date on which the person was declared elected.
57. On the completion of the counting of the votes cast in an election in Ballot papers to
any ward in which a poll is taken, the returning officer for the ward shall be sealed in
seal up in separate marked packets the ballot papers counted in respect packets after
of each candidate in the election and shall place the rejected ballot completion of
papers in a single marked packet. counting
58. (1) In respect of an election in a ward in which a poll is taken, the Verification of
returning officer for the ward shall give notice in writing to the ballot paper
candidates in the elections of the time and place at which the verification accounts
of the ballot paper accounts completed under regulation 46 in that ward
will take place and at the time and place and in the presence of such
candidates and their election agents as may be present, he shall produce
for their inspection the packets marked "B" and "E" respectively and
delivered to him under regulation 46 and, in respect of each polling
district in such ward shall open the packet marked "B" containing the
unused ballot papers together with their counterfoils and the spoilt ballot
papers and the packet marked "E" with their respective contents.
(2) The returning officer shall then prepare and deliver to the Director
of Elections a report on the verification of the ballot paper accounts in
Form LGE 9 set out in the Schedule and shall permit the candidates to
make a copy thereof.
59. (1) Upon the completion of the verification of the ballot paper Custody and
accounts under regulation 58 the returning officer shall retain in safe destruction of
custody- election matter
(d) the packet containing the rejected ballot papers and sealed under
regulation 57;
(e) the packet marked "D" containing the counterfoils of the used
and the spoilt ballot papers, delivered to the returning officer under
regulation 46; and
(f) the packet marked "E", containing the ballot paper account;
and shall forthwith deliver to the Director of Elections, in respect of
each polling district, the packet marked "F", containing the official seal
and the official mark, delivered to the returning officer under regulation
46.
(2) The returning officer shall retain the packets set out in sub
regulation (1) in respect of any election for a period of thirty days after
the day on which the result of the election was declared and, with the
consent of the Commission, shall then cause them to be destroyed by
burning in the presence of a magistrate:
(g) after any election receives any money on account of any person
having voted or refrained from voting or having induced any other
person to vote or retrain from voting at any election; or
62. Any person who corruptly by himself or by any other person either Treating
before, during or after an election, directly or indirectly, gives or
provides or pays wholly or in part the expenses of giving or providing
any food, drink, entertainment, lodging or provisions to or for any
person for the purpose of corruptly influencing that person or any other
person to give or refrain from giving his vote at an election shall be
guilty of the offence of treating.
63. (1) Any person who directly or indirectly, himself or by any other Undue
person- influence
64. Any person who is guilty of the offence of bribery personation, Corrupt
treating or undue influence shall be guilty of a corrupt practice and shall practices and
be liable on conviction to a fine not exceeding eight hundred penalty penalties
units or to imprisonment for a period not exceeding two years or to both.
(As amended by Act No. 13 of 1994)
65. (1) Any person who, before or during an election, publishes a false Illegal practice
statement of the illness, death or withdrawal of a candidate at that of publishing
election for the purpose of promoting or procuring the election of false statements
another candidate, knowing that statement to be false or not believing it in respect of
to be true, shall be guilty of an illegal practice. candidates
66. (1) Any person who forges or fraudulently destroys any nomination Illegal practice
paper, or delivers to a returning officer any nomination paper knowing in respect of
the same to be forged, shall be guilty of an illegal practice. nomination of
candidates.
(3) Any person who wilfully prevents or attempts to prevent any other
person from complying with any of the provisions of regulation 10, 11,
12, 13 or 15 shall be guilty of an illegal practice.
67. Any person who at an election obstructs a voter either at the polling Illegal practice
station or on his way thereto or therefrom shall be guilty of an illegal in respect of
practice. voters
68. Any person who, at a lawful public meeting held in connection Illegal practice
with the election of any person between the day of the publication of a in respect of
notice appointing nomination day and the day on which the result of the public meetings
election is published, acts or incites others to act in a disorderly manner
for the purpose of preventing the transaction of the business for which
the meeting is called shall be guilty of an illegal practice.
69. Any person who, with intent to influence persons to give or refrain Illegal practice
from giving their votes at an election, uses or procures the use of any in respect of
wireless transmitting station outside the Republic shall be guilty of an broadcasts
illegal practice.
70. Any person who is guilty of an illegal practice shall be liable on Penalty for
conviction to a fine not exceeding eight hundred penalty units or to illegal practice
imprisonment for a period not exceeding two years or both.
(As amended by Act No. 13 of 1994)
(c) without due authority, puts into any ballot box any ballot paper
which he is not authorised by law to put in;
(d) sells or offers to sell any ballot paper to any person or purchases
or offers to purchase any ballot paper from any person;
(f) puts into any ballot box anything other than the ballot paper
which he is authorised by law to put in;
(g) without due authority, takes out of the polling station any ballot
paper or is found in possession of any ballot paper outside a polling
station;
(i) without due authority, prints of makes any ballot paper or what
purports to be or is capable of being used as a ballot paper at an election;
(l) on any polling day loiters in any public place within the entrance
to any polling station;
(m) on any polling day exhibits in any public or private place within
the entrance to any polling station any notice or sign, other than an
official notice or sign authorised by any officer under the provisions of
these Regulations, relating to the election;
72. (1) Every person in attendance at a polling station shall maintain, Penalty for
and aid in maintaining, the secrecy of the voting at the station and shall breach of
not communicate except for some purpose authorised by law, to any secrecy
person any information as to the name or number on the register of
voters of any voter who has or has not applied for a ballot paper or voted
at the polling station, or as to the official mark of official seal at the
polling station.
(4) Any person who contravenes any of the provisions of this regulation
shall be guilty of an offence and shall be liable on conviction to a fine
not exceeding eight hundred penalty units or to imprisonment for a term
not exceeding two years or to both.
(As amended by Act No. 13 of 1994)
73. Any election officer who wilfully fails to perform the functions of Offences by
his office under these Regulations shall be guilty of an offence and election officers
liable on conviction to a fine not exceeding eight hundred penalty units
or to imprisonment for a term not exceeding two years or to both.
(As amended by Act No. 13 of 1994)
74. (1) Every bill, placard, poster, paphlet, circular or other printed Offences by
matter having reference to an election shall bear upon the face thereof printers and
the name and address of the printer and the publisher thereof, and any publishers
person who prints, publishes or posts, or causes to print, publish or post
any such matter which fails to bear upon the face thereof such names
and addresses shall be guilty of an offence.
(2) The proprietor and publisher of every newspaper shall cause the
word "advertisement" to be printed as a headline to each article or
paragraph appearing in his newspaper containing electoral matter, the
insertion of which is or is to be paid for and any proprietor or publisher
who fails to comply with this provisions shall be guilty of an offence.
(4) Any person who is guilty of an offence against this regulation shall
be liable on conviction to a fine not exceeding four hundred penalty
units.
(As amended by Act No. 13 of 1994)
PART VI
CANVASSING
75. In this part- Interpretation
(a) "public media" means any newspaper, publication or
broadcasting service which is owned or controlled by or on behalf of the
State;
(b) "written statement" shall include a bill, a placard, poster, paphlet
or any other printed matter relating to elections under the Act.
76. Public canvassing for, or of, votes in favour of any candidate Canvassing
nominated for the local government elections under section ten of the
Act shall take place only in accordance with the provisions of this part.
77. Any written statement intended for publication to the public Contents of
relating to the elections under the Act for the purpose of canvassing for written
votes in favour of any candidate nominated for such elections and being statements
a statement not issued by or on behalf of the Commission shall-
(a) bear names and addresses of the authors, printers and publishers
and shall otherwise conform with the requirements of regulation 74;
(b) be in the form of a statement for encouraging the voters to elect
the candidate, whose party's policies are of benefit to the development
of the Council;
(c) be confined to discussing or arguing the case for, or against, one
policy or the other as a means for development of the Council and shall
not contain defamatory imputations against any individual person or
against the personal character of any individual;
(d) not be seditious or inflamatory or against any written law and
shall not in any way be calculated to incite hatred, public disorder,
breachers of the peace and violence.
78. (1) Written statement may be published by or on behalf of any Publication of
candidate canvassing for votes in the elections under the Act by- written
statements
(b) being read out for broadcasting over the Zambia National
Broadcasting Corporation radio and television networks;
(2) Any person who publishes any written statement to the elections
under the Act in contravention of regulation 77 shall be guilty of an
offence.
79. (1) An oral statement made to the public relating to elections under Contents of oral
the Act for the purpose of canvassing for votes in the election and not statements
being made by or on behalf of the Commission shall-
Provided that-
(5) A public meeting held or proposed to be held under this Part may be
discontinued or disallowed only by the Commission or any officer
authorised in that behalf if satisfied, and on the advice of the officer
commanding or officer-in-charge of police in attendance, that the
meeting cannot continue or take place by reason of riot, open violence or
other similar cause but, where a meeting has been discontinued or
disallowed, another meeting shall be convened in its stead at the earliest
paracticable opportunity.
80. The Commission may request any person in charge of the public Request to
media, in the case of a newspaper, to allot space, and in the case of public media
broadcasting services, to allot time for the purpose of enabling any
party, at its own cost, to canvass in accordance with this Part:
Provided that the Commission may arrange for some broadcasts at its
own cost to be alloted equally to all contesting parties.
81. (1) Any person authorised under this part to perform any of the Offences
functions of the Commission who wilfully fails to perform the functions
of his office under this part shall be guilty of an offence.
(2) Any police officer who wilfully fails to perform the functions of his
office under this Part shall be guilty of an offence.
(3) Any person in charge of the public media who, having received a
request from the Commission under regulation 80, wilfully obstructs or
prevents the publication of an oral or written statement by any party
lawfully canvassing for re-elections under the Act in accordance with
this Part shall be guilty of an offence.
(4) Any person who, at a lawful public meeting held in connection with
elections under the Act, prior to the holding of such elections, acts or
incites others to act, in a disorderly manner for the purpose of preventing
the transaction of the business for which the meeting is called, shall be
guilty of an offence.
82. (1) Any person guilty of an offence under this Part shall be liable on Penalties
conviction to a fine not exceeding eight hundred penalty units or
imprisonment for a period not exceeding two years or to both.
(2) Any person who attempts to commit an offence against this Part
shall be liable to the punishment prescribed for that offence.
(As amended by Act No. 13 of 1994)
SCHEDULE
FORM LGE 1
REPUBLIC OF ZAMBIA
________________
OATH OR AFFIRMATION
________________
I, ..................................................having been
....................................ward(s) of the........................................................................
Signed ............................................................
....................................................................., 19............
Signed ............................................................
REPUBLIC OF ZAMBIA
The Local Government Elections Regulations
(Regulations 2 and 10)
NOMINATION PAPER
of.......................................................19...........
......................................................................................
Signatire of
Returning Officer
NOTES
1. Candidates are advised to acquaint themselves with the provisions of regulations 10 to
25 before completing this Nomination Paper.
2. When this Nomination Paper is lodged it must be accompanied by the sum of five
hundred kwacha in cash as a deposit.
3. The statutory declaration, on Form LGE 3 below, must be completed by the candidate
himself before a Magistrate.
(As amended by S.I. No 185 of 1993)
FORM LGE 3
STATUTORY DECLARATION OF A PERSON NOMINATED AS A CANDIDATE
(Regulation 11)
I ..................................................do
solemnly and sincerely declare that-
(1) I am a citizen of Zambia;
(2) I have attained the age of twenty-one (21) years;
(3) I am resident in the area of the council to which I seek election.
(4) I am not disqualified for election as a councillor under section 17 of the Local
Government Elections Act.
I make this solemn declared conscientiously believing the same to be true.
Signed....................................................................
Subscribed and solemnly declared before me this .........
day of.............................................., 19..........
Signed....................................................................
Name in block letters...............
Magistrate........................................................................................
REPUBLIC OF ZAMBIA
_______________
THE LOCAL GOVERNMENT ELECTIONS REGULATIONS
_______________
FORM OF BALLOT PAPER
(Regulations 2 and 34)
FRONT
Series
No.
Series
___________________________
Republic of Zambia No. Official Mark:
Local Government
Elections, 19....... ___________________________
............................. ...........
Ward
.............................. ......
Council
Number of voter in
Register of Voters................
.....
BACK
Ward
Council
INSTRUCTIONS
Name of Party Symbol Mark X in
Candidate
this column
FORM LGE 5
REPUBLIC OF ZAMBIA
THE LOCAL GOVERNMENT ELECTIONS REGULATIONS
ON ELECTION DUTIES
(Regulation 43)
Station..................................................................Ward ...................
................................................................................................Council
In accordance with regulation 43 authority is hereby given for the person specified
below to cast his vote at the above polling station:
(i) Full name of voter as shown in Register of Voters ...................
(ii) Election duties ...................................
(iii) Name of polling district in which registered ...................
(iv) Number of voter in Register of Voters .......................
(v) National Registration Number of Voter ......................
Date.........................................., 19..........
.......................................................................
Returning Officer
INSTRUCTIONS
1. This certificate may only be issued to a person who is unable to vote at the polling station
appointed for the polling district within the ward in which he is registered due to the fact
that he is employed in an official capacity on election duties at some other polling station
within the same ward.
2. In addition to this certificate the Voter's Registration Card (Form RV2) and National
Registration Card must be produced to the presiding Officer when application is made for a
ballot paper.
3. On the issue of a ballot paper to the voter this certificate must be surrendered to the
presiding officer who must attach it to his marked copy of the Register of Voters.
I hereby certify that this is a correct statement of all ballot papers supplied to me.
Date............................................, 19........
......................................................................................
Signture of
Presiding Officer
In every case the total in Column 5 must equal the total in column 1. If these totals do not
agree it is the responsibility of the Presiding Officer to trace and correct the error before
signing this form.
FORM LGE 6
REPUBLIC OF ZAMBIA
_____________
THE LOCAL GOVERNMENT ELECTIONS REGULATIONS
(Regulations 2 and 4)
Polling Station.............................Ward.............................................................
Council .................................Date of Poll........................................, 19.......
INSTRUCTIONS
1. This certificate may only be issued to a voter whose name and National Registration
Number as shown on his National Registration Card agree with the details shown in the
register of voters for the polling district in which he claims he was registered.
2. This certificate may not be issued later than four days before the date appointed for the
taking of the Poll in a Local Government Elections.
3. In addition to this certificate the National Registration Card must be produced to the
presiding officer when application is made for a ballot paper.
4. On the issue of a ballot paper to the voter this certificate must be surrendered to the
presiding officer.
FORM LGE 7
REPUBLIC OF ZAMBIA
______________
THE LOCAL GOVERNMENT ELECTIONS REGULATIONS
______________
I hereby certify that this is a correct statement of the ballot papers rejected as invalid
by me.
Date..................................., 19.......
........................................................................................
Signature of
Returning Officer
INSTRUCTIONS
1. To be completed by the Returning Officer at the conclusion of the count and before
announcing the result.
2. The rejected ballot papers must be placed together in a marked envelope which must be
sealed by the Returning Officer.
FORM LGE 8
REPUBLIC OF ZAMBIA
THE LOCAL GOVERNMENT ELECTIONS REGULATIONS
(Regulation 54)
DECLARATION OF THE RESULT OF THE POLL
INSTRUCTIONS
1. This form must be completed in triplicate by the Returning Officer and to declare the
result of the Poll the text of the original must be read out aloud in public at the place where
the counting of the votes takes place.
2. The full names of the candidates should be inserted in the spaces marked (1), (2), (3) and
(4), the successful candidate's name being inserted at (1).
3. The original of this form must be delivered to the Local Government Electoral
Commission, with a copy to the principal officer of the council to which the candidate has
been elected, by the quickest possible means. A further copy must be retained by the
Returning Officer.
(As amended by S.I. no 185 of 1993)
FORM LGE 9
REPUBLIC OF ZAMBIA
THE LOCAL GOVERNMENT ELECTIONS REGULATIONS
(Regulation 58)
TOTAL TOTAL
Date..............................................................................................
..........................................................................................................................
Signature of Returning Officer
INSTRUCTIONS
1. This verification of the ballot paper account shall take place at a time and place notified
by the Returning Officer to the candidates and in the presence of such candidates and
elections agents as may wish to attend.
2. The totals to be entered at 1, 2, 3, and 4 above are obtained by adding the totals of all
columns 1, 2, 3, and 4 respectively shown on the ballot paper accounts submitted by the
Presiding Officer.
3. The totals to be entered at 6 and 7 above are those obtained by the Returning Officer at
the verification of ballot paper accounts.
4. Explanation of any discrepancies must be made by the Returning Officer on the back of
this form.
(As amended by S.I. no 185 of 1993)
FORM LGE 10
REPUBLIC OF ZAMBIA
_____________
THE LOCAL GOVERNMENT ELECTIONS REGULATIONS
(Regulation 31)
_____________
SURNAME
Made by the Local Government Electoral Commission at Lusaka this 31st day of July,
1992.
HON. E. J. SHAMWAMA, SC,
Chairman
P. M. NYAMBE (MS),
Member
M. SIKATANA,
Member
Statutory
SECTION 21 AND 23-THE LOCAL GOVERNMENT Instrument
ELECTORAL 184 of 1993
Act No.
PETITION RULES 13 of 1994
2. An election petition shall be in the form set in the First Schedule. Form of petition
6. (1) The petitioner shall serve or cause to be served a copy of the Service of
petition on the respondent. petition
7. (1) The petitioner shall, when presenting, the petition give to the Addresses
Registrar an address within the city of Lusaka at which notices and other
proceedings addressed to him may be lodged.
(2) If the address in sub-rule (1) is not given, the notice may be given by
posting the notice on the notice board in the High Court Registry.
(3) The notice referred to in-rule (1) shall be given not later than seven
days after service of the petition.
8. (1) The Registrar shall, as soon as practicable, after receiving a Security for
petition place, the petition before a Judge. costs
(2) The Judge shall determine the amount of security for costs to be paid
by the petitioner.
(3) The costs referred to in sub-rule (2) shall not be less than one
thousand kwacha, as specified in sub-section (2) of section twenty-three
of the Act.
(4) The Judge shall direct whether such security for costs shall be made
in cash or by recognizance with or without sureties or shared by the
parties.
(5) To make his directive under sub-rule (4) the Judge may hear the
petition in chambers.
(7) The petitioner shall pay the costs not later than seven days of such
notification.
9. (1) The time and place of hearing of an election petition shall be Time and place
determined by a Judge. of hearing
(2) The Registrar shall give seven days notice to the petitioner and the
respondent before the day appointed for the trial.
(3) A copy of the notice to withdraw the petition shall be served on the
respondent and another copy shall be published in a newspaper in
circulation in Zambia.
(2) The notice shall state the grounds on which the application is
intended to be supported.
12. A copy of the notice of application to withdraw the petition shall be Procedure on
served on the respondent and another copy published in a newspaper withdrawal of
circulating in Zambia. petition
13. (1) The notice of the date of hearing of an application to withdraw a Date of hearing
petition shall be given to the petitioner and the respondent by the
Registrar.
15. (1) A person served with a notice under rule (4) may pay the costs Payment of
out of the deposit lodged with the Court not later than seven days from costs
the date of such service whether or not he resists such application.
(3) The service of the notice in sub-rule (1) shall be in the same manner
as the service in rule 6.
16. (1) The court may postpone the beginning of the trial of an election Postponement
petition or an application to withdraw a petition. of trial
17. The fees set out in the Second Schedule shall be paid in respect of Prescribed fees
the matters set out therein.
FIRST SCHEDULE
(Rule 2)
ELECTION PETITION
SECOND SCHEDULE
(Rule 16)
PRESCRIBED FEES
Fee units
On presenting a petition 50
On presenting an application to withdraw a petition 4
On application to be substituted as a petitioner 25
On entering a recognizance for security for costs 5
(As amended by Act No. 13 of 1994)
CHAPTER 283
THE TOWN AND COUNTRY PLANNING ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Application
4. Disagreement between Republic and planning authority
5. Appointment of planning authorities
PART II
TOWN AND COUNTRY PLANNING TRIBUNAL
6. Establishment of Tribunal
7. Constitution of Tribunal
8. Appointment of vice-president
9. Remuneration of president, vice-president, members and
advisers
10. Record of proceedings
11. Appeals to Tribunal
12. Witnesses and evidence
13. Protection of president, vice-president, members and advisers
14. Regulations
PART III
DEVELOPMENT PLANS
Section
19. Preparation and submission of development plans and
objection thereto
20. Consideration of approval by the Minister
21. Notice of approval or rejection by the Minister
PART V
PERMISSION REQUIRED FOR DEVELOPMENT AND
SUBDIVISION OF LAND
PART VI
COMPENSATION FOR REFUSAL OR CONDITIONAL
GRANT OF PLANNING PERMISSION
PART VII
ACQUISITION OF LAND
Section
40. Acquisition of land
41. Owner may require acquisition of reserved land
42. Disposal of land
43. Assessment of valuation
PART VIII
REGIONAL PLANS
PART IX
GENERAL
PART I
PRELIMINARY
1. (1) This Act may be cited as the Town and Country Planning Short title and
(Amendment) Act, 1997, and shall be read as one with the Town and commencement
Country Planning Act, in this referred to as the principal Act.
Cap. 283
(2) This Act shall come into operation on such a date as the Minister
may, by ststutory instrument, appoint.
"Customary Area" has the meaning assigned thereto by section two of Cap. 184
the Lands Act;
"former Act" means the Town Planning Act, Chapter 123 of the 1959
Edition of the Laws, section eighty of the Municipal Corporations Act,
Chapter 119 of the 1962 Edition of the Laws, and section twenty-seven A
of the Townships Act, Chapter 120 of the 1962 Edition of the Laws, as
the case may be;
"highway authority" means a highway authority as defined in the Roads Cap. 464
and Road Traffic Act;
"holding" means any area of land which is shown as a farm, stand, lot or Cap. 188
plot on a general plan or other plan approved under the Land Survey
Act, and includes any building erected thereon;
"land" includes any building erected thereon; and also includes land
covered by water and any right in or over land, excepting mineral rights;
"local authority" means a City Council, a municipal council, township Cap. 281
council or district council as defined in the Local Government Act;
"local plan" means the plan prepared by a planning authority under the
direction of the Director in accordance with section sixteen A;
"mining" means any operation lawfully carried out under the provisions Cap. 213
of the Mines and Minerals Act;
"owner" means-
(a) the person registered as the proprietor of any land except where
that person has leased or subleased the land to another person for a
period of fourteen years or more;
(b) the person in whom the lease of any land is vested under a
registered deed except where that person has subleased the land to
another person for a period of fourteen years or more;
(c) the lessee of State Land held under a lease expressed to be for a
period of fourteen years or more;
(d) the lessee of land held under any other lease expressed to be for a
period of fourteen years or more; and
(e) the allottee of land held under a provisional title and in process
of alienation by the President;
"public notice" means a notice published once in the Gazette and either
in each of two consecutive issues of a newspaper circulating in the area
to which the notice relates or in such other manner as the Minister may
direct;
"public purpose" has the meaning assigned thereto in the Public Lands Cap. 189
Acquisition Act;
"structure plan" means the plan prepared by a planning authority under
the direction of the Minister in accordance with section sixteen; and
* Any highway authority and any body responsible under any written
law for the construction or maintenance of bridges, sewers or sewage
disposal works, water courses or drainage works within Zambia, and
any railway company as defined in the Regulation of Railways Act,
Chapter 755 of the Revised Edition, specified by G.N. No. 358 of 1962.
*Any highway authority and any body responsible under any written
law for the construction or maintenance of bridges, sewers or sewage
disposal works, water courses or drainage works within Zambia, and
any railway company as defined in the Regulation of Railways Act,
Chapter 755 of the Revised Edition, specified by G.N. No. 358 of 1962.
3. (1) Subject to the provisions of section four and save where Application
otherwise expressly provided to the contrary, the Republic shall not be
bound by the provisions of this Act.
(2) The provisions of this Act, other than those contained in Part VIII, Cap. 184
shall not apply to customary areas as defined in the Lands Act:
Provided that the President may by statutory order apply all or any of the
said provisions to any customary area.
(5) The provisions of this Act, other than those contained in Part VIII,
shall not apply to the area of any mine township.
(As amended by No. 28 of 1964, S.I. No. 65 of 1965,
No. 46 of 1969, No. 47 of 1970 and No. 21 of 1997)
4. (1) In any area which is subject to an approved structure plan or local Disagreement
plan, the Republic shall not carry out any development or subdivision of between
land without prior consultation with the planning authority for that area. Republic and
planning
authority
(5) The Tribunal may, for the purpose of giving its opinion, call on the
Republic or the planning authority to provide it with such information as
it may deem necessary for the purpose of reaching an opinion.
(6) As soon as may be after the Tribunal has given its opinion to him,
the Minister shall notify the planning authority of his decision in relation
to the written submissions made to him.
(7) In reaching his decision the Minister shall not be bound by the
opinion of the Tribunal:
Provided that, where the Minister does not accept the opinion of the
Tribunal, he shall notify the planning authority accordingly and shall
advise the planning authority as to his reason for not accepting the
opinion of the Tribunal.
5. (1) The Minister shall designate the Director as the strategic planning
authority to-
(2) The local authorities set out in the First Schedule are hereby Appointment of
appointed as the planning authorities for the respective areas described planning
in that Schedule. authorities
(3) The Minister may, from time to time by statutory notice, appoint a
planning authority for both or either of the following purposes and may
specify the constitution of any such planning authority:
PART II
7. (1) The Judicial Service Commission shall appoint a president of the Constitution of
Tribunal who shall hold office for such period and subject to such Tribunal
conditions as may be agreed.
9. The Minister may prescribe fees to be paid to the president, the Remuneration
vice-president and members of the Tribunal and to any advisers of president,
appointed by the president or the vice-president under this Part, who are vice-president,
not officers of the public service, and the president, the vice-president, members and
members or advisers shall be paid in respect of the expenses incurred by advisers
them in travelling and subsistence when discharging their duties such
sums as may be prescribed.
(No. 16 of 1965)
10. A record of the proceedings of the Tribunal shall be kept and filed Record of
in the office of the secretary to the Tribunal and may be inspected and proceedings
copies thereof obtained upon like conditions and upon payment of the
same fees as if they were civil records of a subordinate court.
11. (1) Without prejudice to the provisions of section twenty-nine and Appeals to
Part VI- Tribunal
(a) any person whose interest in any land may be affected by any
decision of an appeal by the Tribunal shall have the right to appear and
be heard on the hearing of any such appeal;
(b) the Tribunal shall hear and determine the matter of the appeal
and may make such order therein in addition to, or in substitution for,
the matter appealed against as it thinks fit, including the award of costs
to any party to an appeal, subject to the provisions of paragraph (c);
Provided that the Tribunal shall not make any order which
would operate in conflict with any provision of an approved structure
plan or local plan;
Provided that-
(i) any decision on a matter of law or on whether a matter for
determination is a matter of fact or a matter of law shall be made solely
by the president or the vice-president;
(ii) the president, the vice-president and each member shall have and
shall exercise one vote, and no adviser to the Tribunal shall be entitled to
vote on any matter before the Tribunal.
(2) Where any person who has appealed to the Tribunal under the
provisions of this Act is dissatisfied with the decision of the Tribunal, he
may, within twenty-eight days of such decision, appeal to the High
Court against such decision.
(As amended by No. 25 of 1962, No. 28 of 1964, No. 16 of 1965 and No.
21 of 1997)
12. (1) The Tribunal may by notice in writing require any person, Witnesses and
subject to the payment or tender of reasonable expenses of attendance, evidence
to attend as a witness and give evidence or to produce any documents in
his possession or power which relate to any matter in question on an
appeal under this Act, and if any person without reasonable excuse fails
to comply with any of the provisions of such notice, he shall be guilty of
an offence and may be fined summarily by the president or the
vice-president of the Tribunal an amount not exceeding one thousand
five hundred penalty units.
(2) The Tribunal may take evidence on oath and for that purpose the
president or the vice-president shall have the power to administer oaths,
and may make such other investigations as it may deem necessary in
assisting it to come to a decision regarding any matter before it.
(As amended by No. 16 of 1965 and Act No. 13 of 1994)
13. No action shall be brought against the president, the vice-president Protection of
or members of the Tribunal or advisers to the Tribunal in respect of any president,
act done or order made by them in good faith in the execution or vice-president,
supposed execution of the powers and duties conferred upon them under members and
this Act or any regulation made hereunder. advisers
(As amended by No. 16 of 1965)
(2) The Minister shall cause an order made under subsection (1) to be
published in three consecutive issues of a newspaper circulating in the
area to which the order relates.
(3) Whenever the boundaries of the area of a structure plan or local are
extended, a structure plan or local plan shall be prepared for such
extended area within the time to be specified by the Minister or within
such longer period as he may agree.
(4) The Minister may, by statutory instrument, order that in the
preparation of a structure plan, approved locals plans may be considered
in that structure plan.
(a) may maintain the contents of the approved local plans; and
16. (1) A planning authority shall submit to the Minister for approval a structure plan
structure plan comprising:
(b) the resources which will be available for carrying out the proposals
of the structure plan; and
(a) publicise in the Gazette and other public media the report of the
survey conducted under subsection (i);
(b) make a copy available for inspection by the general public and state a
period of time within which representations in respect of the structure
plan may be made to such planning authority which shall not be less
than twenty-eight days;
16A. (1) The director shall direct a planning auhtority to prepare a local
plan where that area is designed under subsection (3) of section sixteen
as an area for development in a structure paln which has been approved
by the Minister.
(b) publicise the report of the survey conducted under paragraph (a) in
the Gazette and other public media;
(c) make a copy of the proposed local plan available for inspection by
the general public and state a period of time within which
representations in respect fo the local plan may be nade to such planning
authority which shall not be less than twenty-eight days;
(3) Where the local authority approves the detailed plans of a private
developer under subsection (4) they shall be included in the local plan
for submission to the Director.
(4) A private developer may prepare detailed plans for any part of the
area designed fro development under subsection (1) and the plan shall
be submitted to the planning authority for approval.
17. (1) The Minister or Director may after considering a strcuture plan Approval of
or local plan submitted under sections sixteen and sixteen A, as the case structure plan or
may be - local plan
(2) The Director may on considering a local plan refuse to approve such
local plan if-
(a) the Director is not satisfied that tha objectives of the local plan has
benn achieved; or
(b) it does not conform to the structure plan as approved by the Minister.
18. (1) A planning authority may at any time after the approval of a Alteration of
structure plan or local plan in respect of any area, on its own initiative or structure plan or
upon directives from Minister or Director, as the case may be - local plan
PART IV
19. (1) A structure plan or local plan shall be prepared and certified in Preparation and
duplicate by or on behalf of the planning authority, and one certified submission of
copy of the structure plan or local plan shall be submitted to the Minister structure plans
or Director. or local plans
and objection
thereto
(3) The notice referred to in subsection (2) shall call upon any interested
person who desires to make any representation in connection with or
objection to the structure plan or local plan to do so to the Minister or
Director within such period, not being less than twenty-eight days after
the date of the first publication of the notice, as shall be specified in the
notice.
(5) A planning authority may, if it thinks fit, agree with any person
making a representation in connection with or objection to a structure
plan or local plan that such representation or objection should be met or
withdrawn, in which case it shall so notify the Minister or Director and
the person making the representation or objection.
20. (1) Where a structure plan or local plan is submitted to the Minister Consideration
or Director, he shall take into consideration such structure plan or local of approval by
plan and any representation or objection received by him in accordance the Minister or
with the provisions of section nineteen, and shall decide whether or not Director
to cause a public inquiry to be held under the provisions of section
forty-nine into all or any of the said representations or objections at
which any interested person may be heard:
Provided that if the Minister or Director has been notified that the
planning authority wishes to meet all or any of the representations or
objections so lodged, then he shall take no action under this section for
a period of ninety days from the closing date for the lodging of
objections, and the planning authority shall inform the Minister or
Director of its proposals for dealing with the said representations or
objections within the said period of ninety days.
21. The Minister or Director shall notify the planning authority of his Notice of
approval, with or without modification, or his rejection of the structure approval or
plan or local plan and, on receipt of such notice, the planning authority rejection by the
shall forthwith give public notice of the approval or rejection, and shall Minister or
serve notice of the approval or rejection on any person by whom a Director
representation or objection was duly lodged, and on such other persons,
if any, as may be required by a general or specific direction given by the
Minister or Director and, in the event of approval, shall place the
approved structure plan or local plan on permanent public deposit
during the normal hours of official business and shall cause the
descriptive matter of the approved structure plan or local plan, if any, to
be published for sale to the public.
PART V
PERMISSION REQUIRED FOR DEVELOPMENT AND
SUBDIVISION OF LAND
22. (1) Subject to the provisions of this section and to the following Permission
provisions of this Act, permission shall be required under this Part for required for
any development or subdivision of land that is carried out after the development
appointed day. and subdivision
(c) in such areas as are within a distance of twenty miles from the
boundaries of any area mentioned in paragraph (a) or (b); and
(4) In this Act, "development" means the carrying out of any building,
rebuilding or other works or operations on or under land, or the making
of any material changes in the use of land or buildings but shall not
include-
(a) changes of use of land or buildings where the existing and the
proposed uses both fall within the same group of land or building uses
which may be prescribed;
(f) the construction or use other than for human habitation of any
building or the use of any land within the curtilage of a dwelling-house
for any purpose incidental to the enjoyment of the dwelling-house as
such;
(g) the use of any land for the purpose of mining or agriculture,
including the erection and use of buildings for such mining or
agricultural purposes, but excluding the siting of buildings within nine
hundred and fifteen metres from the centre line of any road or proposed
road;
23. (1) The Minister shall by order provide for the grant of permission Development or
for the development and subdivision of land under this Part, and such subdivision
permission may be granted- orders
(a) in the case of any development or subdivision specified in any
such order, or in the case of development of any class so specified, by
that order itself;
Provided that-
(i) no subdivision shall be less than twenty-five acres in extent;
(ii) a condition that there shall be no further subdivision of the
subdivision is stipulated by him in the approval;
(iii) the land to be subdivided is not considered by the Environmental
council of Zambia to be of high agricultural value;
(iv) no installation of public services at the expense of the
Government becomes necessary as a result of the subdivision or
subdivisions;
(b) for other purposes provided that he considers that approval will
be in the best interests of Zambia.
(As amended by S.I. No. 65 of 1965 and Act No. 21 of 1997)
24. (1) The Minister may by instrument in writing and subject to such Delegation to
conditions, directions, reservations and restrictions as he thinks fit, planning
delegate to any planning authority his functions under subsections (1) authorities
and (2) of section twenty-five relating to the grant or refusal of
permission to develop or subdivide land:
Provided that-
Provided that when the Minister delegates under subsection (1) any of
his functions to any of the planning authorities referred to in the First
Schedule, he shall make provision in the instrument of delegation for
transferring to such planning authority the said liability to pay
compensation.
Provided that the granting of any such permission shall, in respect of the
subdivision of land, other than the subdivision for agricultural purposes
of agricultural land, situated outside areas subject to a structure plan or
local plan or approved structure plan or local plan, be subject to the
provisions of subsection (4) of section twenty-three which shall apply
mutatis mutandis to any such permission.
(b) for requiring the planning authority to give any applicant for
permission, within such time as may be specified by the order, such
notice as may be so specified as to the manner in which his application
has been dealt with;
(4) The Minister and planning authority, as the case may be, shall keep,
in such manner as may be specified by the appropriate development
order, a register containing such information as may be specified in the
said development order with respect to applications for permission
made to the Minister or planning authority, including information as to
the manner in which such applications have been dealt with; and every
such register shall be made available for inspection by the public during
normal hours of official business at such place as the Minister may
direct.
26. (1) The Minister may give directions to any planning authority to Additional
whom functions have been delegated under section twenty-four that any powers of
application made to that authority for permission to develop or Minister to give
subdivide land, or all such applications of any class specified in the directions to
directions, shall be referred to the Minister instead of being dealt with by any planning
the planning authority, and any such application shall be so referred authority
accordingly.
27. (1) The power to grant permission to develop or subdivide land Supplementary
under this Part shall include power to grant permission for the retention provisions re
on land of any buildings or works constructed or carried out thereon grants of
before the date of the application for such permission, or for the planning
continuance of any use of land instituted before that date (whether permission
without permission granted under this Part or in accordance with
permission so granted for a limited period only); and reference in this
Part to permission to develop or subdivide land or to carry out any
development of land, and to applications for such permission, shall be
construed accordingly.
(3) Where permission is granted under this Part for the erection of a
building, the grant of permission shall specify the purposes for which
the building may be used.
(4) Where permission to develop land is granted under this Part for a
limited period only, nothing in this Part shall be construed as requiring
permission to be obtained thereunder for the resumption, at the
expiration of that period, of the use of the land for the purpose for which
it was normally used before the permission was granted.
(5) In determining for the purposes of subsection (4) the purposes for
which land was normally used before the grant of permission, no
account shall be taken of any use of the land begun in contravention of
the provisions of this Part.
28. (1) For the avoidance of doubt it is hereby declared that, on receipt Supplementary
of an application for subdivision made under the provisions of section provisions re
twenty-five, the Minister or planning authority to whom functions have grant of
been delegated under section twenty-four may- permission to
subdivide
(e) reject the application and state the reasons for the rejection.
(2) If, within a period of ninety days after receipt of an application for
subdivision, the Minister or the planning authority, as the case may be,
has failed to serve a notice on the applicant as to how the application has
been dealt with under the provisions of subsection (1), then the
application shall be deemed to have been approved by a decision of the
appropriate authority.
(6) Where an application has been approved but the records of the Cap. 188
subdivisional survey required by subsection (1) of section ten and
section twenty-one of the Land Survey Act are not lodged with the
Surveyor-General within the period stated in the approval, such
approval shall be deemed to be cancelled:
29. (1) Where application is made under this Part to the Minister or Additional
planning authority to whom functions have been delegated under provisions for
section twenty-four for permission to develop or subdivide land, or for appeal to
any approval of that planning authority required under a development Tribunal
order or subdivision order, and that permission or approval is refused by
the Minister or planning authority, or is granted subject to conditions,
then, if the applicant is aggrieved by the decision, he may, within
twenty-eight days from the receipt of notification of the decision or such
longer period as the Tribunal in writing may agree, and in the manner
prescribed, appeal to the Tribunal.
(b) if the Minister has certified at the time of making the decision,
or, if the decision is that of a planning authority to whom functions have
been delegated under section twenty-four, the Minister has certified,
within seven days of the making of such decision, that such decision is
in the national interest.
(As amended by No. 25 of 1962, No. 28 of 1964
and No. 16 of 1965)
30. (1) Subject to the provisions of this section, if it appears to the Revocation and
Minister or planning authority to whom functions have been delegated modification of
under section twenty-four that it is expedient, having regard to the planning
structure plan or local planor approved structure plan or local plan and permission by
to any other material considerations, that any permission to develop or the Minister
subdivide land granted by a development or subdivision order or on an
application made in that behalf under this Part should be revoked or
modified, he may by order revoke or modify the permission to such
extent as appears to him to be expedient as aforesaid.
(4) For the purposes of this section, any expenditure incurred in the
preparation of plans for the purposes of any work or upon other similar
matters preparatory thereto shall be deemed to be included in the
expenditure incurred in carrying out that work, but except as aforesaid
no compensation shall be paid under this section in respect of any work
carried out before the grant of the permission that is revoked or
modified, or in respect of any other loss or damage (not being loss or
damage consisting of the depreciation in value of an interest in land)
arising out of anything done or omitted to be done before the grant of
that permission.
(3) Any enforcement notice served under subsection (1) shall specify
the development or subdivision that is alleged to have been carried out
without the grant of such permission as aforesaid or, as the case may be,
the matters in respect of which it is alleged that any such conditions as
aforesaid have not been complied with, and may require such steps as
may be specified in the notice to be taken within such period as may be
so specified for restoring the land to its condition before the
development or subdivision took place, or for securing compliance with
the conditions, as the case may be; and in particular any such notice may
for the purpose aforesaid require the demolition or alteration of any
buildings or works, the discontinuance of any use of land or the carrying
out on land of any building or other operations.
(a) if satisfied that permission was granted under this Part for the
development to which the enforcement notice relates, or that no such
permission was required in respect thereof, or, as the case may be, that
the conditions subject to which such permission was granted have been
complied with, shall quash the enforcement notice to which the appeal
relates;
(9) The Minister and planning authority, as the case may be, shall keep
in such manner as may be specified a register of every enforcement
notice which has been served under the provisions of this section; and
every such register shall be made available for inspection by the public
during normal hours of official business at such place as the Minister
may direct.
32. (1) If within the period specified in an enforcement notice made Supplementary
under subsection (1) of section thirty-one, or within such extended provisions as to
period as the Minister or planning authority to whom functions have enforcement
been delegated under section twenty-four may allow, any steps required including
by the enforcement notice to be taken (other than the discontinuance of penalties
any use of land) have not been taken, the Minister or planning authority
may enter on the land and take those steps, and may recover as a civil
debt in any court of competent jurisdiction from the person who is then
the owner of the land any expenses reasonably incurred by the Minister
or planning authority in that behalf; and if that person, having been
entitled to appeal to the Tribunal, failed to make such an appeal, he shall
not be entitled in proceedings under this subsection to dispute the
validity of the action taken by the Minister or planning authority upon
any ground that could have been raised by such an appeal.
PART VI
35. (1) If, on a claim being made to the Minister or planning authority Compensation
to whom functions have been delegated under section twenty-four, it is for planning
shown that, as a result of a planning decision involving a refusal of decision
permission or a grant thereof subject to conditions, the value of the
interest of any person in the land to which the planning decision relates
is less than it would have been if the permission had been granted or had
been granted unconditionally, then the Minister or planning authority, as
the case may be, shall, subject to the provisions of this Part, pay to that
person compensation of an amount equal to the difference.
37. (1) Compensation under this Part shall not be payable in respect of No
a planning decision whereby permission is refused for the development compensation if
or subdivision of land if, notwithstanding that refusal, there is available other
with respect to that land planning permission for development or development
subdivision to which this section applies. permitted
38. Where any person who is entitled to compensation under this Act is Exclusion and
also entitled to compensation under any other Act in respect of the same limitation of
matter, then such person shall elect whether he will claim compensation compensation
under this Act or under the said other Act, and such election shall be a in certain other
bar to any further claim in respect of the same matter: cases
39. (1) Compensation under this Part shall not be payable unless a General
claim for it is duly made in accordance with the provisions of this provisions as to
section. claims for
compensation
(2) A claim for compensation under this Part shall not have effect unless
it is made before the end of the period of six months beginning with the
date of the planning decision to which it relates, but the Minister or
planning authority to whom functions have been delegated under
section twenty-four may, in any particular case (either before, on or after
the date on which the time for claiming would otherwise have expired),
allow an extended, or further extended, period for making such a claim.
PART VII
ACQUISITION OF LAND
40. Where any land is required to be included in a structure plan or local Acquisition of
plan or approved structure plan or approved local plan the Minister may land
recommend to the President that the Land may be acquired by the
President in accordance with the Lands Acquisition Act. Cap. 189
(As amended by S.I. No. 65 of 1965 and Act No. 21 of 1997)
41. (1) If the owner of any land which is reserved under the provisions Owner may require
acquisition of reserved
of an approved structure plan or local plan is deprived of the reasonable land
beneficial use of such land by a refusal of permission to develop or
subdivide such land solely on the ground that the proposed development
or subdivision would interfere with the use of the land for the purpose
for which it is reserved, he may call upon the Minister or the planning
authority to whom functions have been delegated under section
twenty-four to cause the reserved land to be acquired.
(3) Subject to the provisions of this Part, an owner may serve notice on
the Minister or planning authority requiring that an order be made to
cause his land in whole or in part to be acquired if by reason of any
provision in an approved structure plan or local plan-
(b) his land has been severed in such a manner that one or more
severed portions are so small or so badly shaped as to be incapable of
reasonable beneficial use.
(As amended by Act No. 21 of 1997)
42. The President or the local authority may, by way of sale or lease, Disposal of land
43. (1) In its application to this Act, Lands Acquisition Act, shall be Assessment of valuation
Cap. 189
read as if-
PART VIII
REGIONAL PLANS
44. (1) The Minister may, when it appears necessary or desirable to Preparation of regional
plan
him, order the preparation of a regional plan for any area for the general
purpose of co-ordinating services and development within that area, and
for the specific control of the use of land or for the provision of any land
required for a public purpose with the same object in view and may
include in the order such items listed in the Second Schedule, with such
additional items as he may deem necessary, which the regional planning
authority shall take into account in the preparation of the regional plan.
45. (1) The Minister may, by statutory notice, appoint a regional Appointment of
regional planning
planning authority to prepare a regional plan ordered under section authority
forty-four, and may specify the constitution of any such regional
planning authority.
46. The Minister may, after consultation with all planning authorities Approval of regional
plan
within the area of a regional plan submitted under this Part, approve the
regional plan with or without modifications or reject it, and if the
regional plan is approved, thereafter, no structure plan or local plan will
be prepared, or an approved structure plan or local plan implemented or
modified in a manner which does not have proper regard to the approved
regional plan, without the consent of the Minister, nor shall any land
reserved in any regional plan for a specific public purpose be used
otherwise than for that purpose without the consent of the Minister:
47. (1) The Minister may revoke or modify by alteration or addition, a Revocation or
modification of
regional plan approved under the provisions of section forty-six. approved regional plan
(2) At least once in every five years after the date on which a regional
plan for any area is approved by the Minister, the regional planning
authority shall carry out a fresh survey of that area in such manner as
may be prescribed, and shall submit a report of the survey, together with
proposals for any alterations, additions or substitutions to the plan that
appear to the regional planning authority to be required having regard
thereto, to the Minister, who may if he deems it necessary order the
preparation and submission of a new or an amended regional plan.
(As amended by G.N. No. 232 of 1964)
48. (1) The provisions of this Part shall apply to Customary Areas as Application to
Customary Areas and
defined in the Lands Act and to every township. townships
Cap. 184
PART IX
GENERAL
49. (1) For the purpose of the execution of his functions under this Act, Power to hold or cause
the holding of
the Minister may hold or cause to be held such public inquiries as he
may deem necessary, and may for that purpose-
(a) appoint any person to conduct a public inquiry and to report Public inquiries
(2) The provisions of sections twelve and thirteen shall apply, mutatis
mutandis, to any such public inquiry, and the person appointed to
conduct a public inquiry may exercise all or any of the powers conferred
on the president or the vice-president of the Tribunal or on the Tribunal
by the said sections.
50. Any notice or order served or made under this Act shall be in Service of notices
writing, and any notice or order shall be served on or given to any person
or shall be sufficiently served if it is left at the last known postal,
residential or business address of the person to be served or if it is sent
by registered post addressed to the person by name at the last known
postal, residential or business address of the person, and in such last
case, the notice or order shall be deemed to have been received by the
said person on the day on which such notice or order would have been
received by the person in the ordinary course of post whether the same
shall have been actually received by him or not.
51. (1) Subject to the restrictions imposed by subsection (2), any person Right of entry
(3) Any person who hinders or obstructs any other person in the
exercise of any of the powers conferred by subsection (1) shall be guilty
of an offence and liable on conviction to a fine not exceeding one
thousand five hundred penalty units.
(As amended by Act No. 13 of 1994)
52. Any consent granted under the provisions of this Act shall be in Additional consent
required
addition to and not in substitution for any consent required under any
other written law or under any conditions or stipulations incorporated
under the title of any land.
53. (1) The Minister may, by statutory instrument, make regulations for Regulations
(b) defining the groups to which specific land and building uses
shall belong;
(c) prescribing the form of preparation, modification, revocation
and submission of a structure plan or local plan;
54. The provisions of the former Act are hereby repealed: Savings
55. (1) Any acts, orders and conditions lawfully done, given or Acts, orders and
conditions given or
imposed under the provisions of the former Act, or under the provisions imposed under former
of any town planning scheme or zoning scheme or zoning plan prepared Act
under the former Act before the appointed day, shall remain in full force
and effect and be deemed to have been lawfully done, given or imposed
under this Act, but shall not in respect of anything done prior to the
appointed day give rise to claims for compensation under Part VI:
Provided that any order to prepare a town planning scheme under the
Town Planning Act, Chapter 123 of the 1959 Edition of the Laws, in
force immediately prior to the appointed day, other than an order in
respect of the places mentioned in the First Schedule, shall have no force
or effect.
Provided that-
*(i) the Minister may delegate any such functions to a planning
authority or any other persons subject to such conditions, directions or
reservations as he thinks fit;
Area Authority
City of Lusaka ............................................................ City Council of Lusaka
City of Kitwe ..............................................................City Council of Kitwe
City of Ndola ..............................................................City Council of Ndola
Chingola Municipality ...............................................................................................
Municipal Council of Chingola
Kabwe Municipality ...................................................Municipal Council of Kabwe
Livingstone Municipality.................................... Municipal Council of Livingstone
Luanshya Municipality ..............................................................................................
Municipal Council of Luanshya
Mufulira Municipality................................................................................................
Municipal Council of Mufulira
SECOND SCHEDULE
(Sections 16 and 44)
Every development and regional plan shall have for its general purpose orderly,
co-ordinated, harmonious and progressive development of the area and region to which it
relates in order most effectively to promote health, safety, order, amenity, convenience and
general welfare of all its inhabitants, as well as efficiency and economy in the process of
development and the improvement of communications.
PART I. ROADS
1. Indicating proposals for the location of roads and the widening, improvement,
realignment and extension of any roads.
2. Indicating proposals for the closure or diversion of existing roads and public and private
rights of way and tracks.
3. Regulating the character, line, width, level and general dimension of roads, pavements
and drains whether new or existing.
4. Providing for the reservation of land for parking, loading, unloading or fuelling of
vehicles and for vehicular access points from adjoining land to any road.
1. Regulating and controlling either generally or in any particular area all or any of the
following matters:
(a) the size, height, spacing and location of buildings;
(b) the density of development in any area either by designating the population,
accommodation units, or buildings which may be established on any area or plot, or by
designating the number and size of plots;
(c) the number of buildings of a specified class or classes which may be established,
constructed or erected, temporarily or permanently;
(d) the minimum cost per square foot of the building with a minimum overall cost of
erection of the building and a minimum or maximum floor space of a building;
(e) the purpose for and the manner in which buildings may or may not be used or
occupied including in the case of dwelling-houses the letting thereof in separate tenements;
(f) the removal, demolition or alteration of buildings or works which are inconsistent
with or obstruct or retard the implementation of a development plan;
(g) external appearance and materials of buildings and other structures.
2. Defining and regulating building lines.
1. Providing for the control of the use and change of use of land zones and reservations for
various purposes including-
(a) dwelling-houses, flats or other residential development of various classes and densities;
(b) offices, shops and other commercial development;
(c) industries of various classes and warehouses;
(d) public buildings and places of assembly;
(e) Government and local authority or township authority purposes;
(f) cemeteries and crematoria;
(g) schools;
(h) agriculture, horticulture and forestry.
2. Providing for the permanent restriction or prohibition of the development of land on the
grounds that-
(a) the land is physically unsuitable for building;
(b) the development would be prejudicial to natural resources or to public health or
other public interests or would be dangerous to human life.
3. Providing for the temporary restriction or prohibition of the development of land on the
grounds that-
(a) the land is physically unsuitable for building;
(b) the development would be prejudicial to natural resources or to public health or
other public interests or would be dangerous to human life;
(c) the provision of public services would be uneconomic;
(d) the use is undetermined and awaiting zoning.
PART V. AMENITIES
1. Reserving of land for parks, recreation ground or other open space whether public or
private.
2. Providing for the preservation of views, and places or features of natural beauty and
interest.
3. Indicating or reserving sites of buildings and objects of archaeological, architectural,
scientific or historical interest.
4. Preserving single trees, groups of trees and natural vegetation.
5. Prohibiting, restricting or otherwise controlling either generally or in any particular
place the exhibition of all or any forms of advertising or public notice.
6. Prohibiting, restricting or otherwise controlling-
(a) the deposit or disposal of disused vehicles or waste materials;
(b) the pollution of rivers, lakes, lake shores and ponds.
Facilitating by the reservation of land and auxiliary protective measures the establishment,
extension or improvement of-
(a) systems of transport whether overland or by water or by air;
(b) telegraphic or telephonic communications.
1. Providing for and regulating agreements for any purpose of a development plan by the
planning authority with owners and other persons and by such persons with one another.
2. Enabling the planning authority to permit reasonable extension to any existing buildings,
uses or works which are not in conformity with or which contravene any provision of a
development plan and to enter into an agreement with owners of non-conforming buildings,
uses or works for continuation of such, for a period not exceeding twenty-five years,
without compensation.
3. Indicating areas for the comprehensive redevelopment of land.
4. Any other matter not hereinbefore mentioned necessary or incidental to a development
plan or its administration. (The mention of particular matters in this Schedule shall not be
held to prejudice or affect the generality of any other matter.)
THIRD SCHEDULE
(Sections 25 and 28)
When considering applications for subdivision, the Minister or planning authority to whom
functions have been delegated under section 24 may impose conditions of approval in
respect of the following matters and, after implementation of such approval, the conditions
shall be binding upon the owner, his successors and assigns:
(1) The type and form of development to be carried out or permitted and the size, form
and situation of holdings and the condition on which such holdings may be transferred.
(2) The reservation of land for roads and public services or for any other purposes
referred to in this Act for which land may be reserved.
(3) (a) The character and type of roads or public services or other works including the
standard of construction and maintenance of a road, water supply, drainage and sewerage
works which are to be undertaken and completed by the applicant for subdivision at his
cost; or
(b) The character and type of roads or public services or other works including the
standard of construction of a road, water supply, drainage and sewerage works which are to
be undertaken and completed by the applicant for subdivision at his cost.
(4) Provision as to the forms of security to be given by the applicant for the due
performance by him of any conditions imposed and provision as to the right of the Minister
or planning authority, as the case may be, to carry out any such conditions at the expense of
the applicant.
(5) The co-ordination of the subdivision of contiguous properties in order to ensure the
proper development of such properties.
(6) The registration by the applicant of any conditions imposed in the deed of title of the
property.
(7) Notification by the applicant in the Gazette of the conditions imposed in such a
manner as the Minister may direct.
(As amended by S.I. No. 65 of 1965)
SUBSIDIARY LEGISLATION
1. This Order may be cited as the Town and Country Planning Act Title
(Application) Order.
2. All the provisions of the Town and Country Planning Act shall Application of the Town
and Country Planning
apply to the area of Trust Land Number 1 the boundary whereof is Act
described in the Schedue hereto.
SCHEDULE
Starting at the confluence of the Mwombezhi River and the Chalamba
River, the boundary follows the Chalamba River upstream for 2,200
metres to point C (grid reference LS425465); thence on a bearing of 358
degrees for a distance of 2,600 metres to Beacon No. 6; thence on a
bearing of 80 degrees for a distance of 1,000 metres to Beacon 7; thence
on a bearing of 74 degrees for a distance of 500 metres to Beacon 8;
thence on a bearing of 130 degrees for a distance of 2,650 metres to
point A (grid reference LS459477) situated on the east bank of
Mwombezhi River at the confluence of the Mwombezhi River and an
unnamed river; thence following this unnamed river upstream to its
source situated 600 metres north-east of the T5 road; thence on a bearing
of 220 degrees for a distance of 1,550 metres crossing the T5 road to
point B (grid reference LS45448) at the source of an unnamed river;
thence down this unnamed river to its confluence with the Mwombezhi
River; thence up the Mwombezhi River to its confluence with Chalamba
River, the point of starting.
All bearings and distances are approximate.
The above described area, in extent 1,450 hectares approximately, is
shown bordered green on Plan No. MWO\1, deposited in the office of
the Commissioner for Town and Country Planning.
(S.I. no. 102 of 1976)
1. This Order may be cited as the Town and Country Planning Act Title
(Application) Order.
2. All the provisions of the Town and Country Planning Act shall Application of the Town
and Country Planning
apply to those areas of Trust Land No. I in the Zambezi District and Act
Trust Land No. XX in the Kawambwa and Samfya Districts that fall
within the boundaries of the areas described in the Schedule hereto.
SCHEDULE
KAWAMBWA
SAMFYA
ZAMBEZI
1. This Order may be cited as the Town and Country Planning Act Title
(Application) Order,
2. All the provisions of the Act shall apply to Customary Areas defined Application of Cap. 184
Starting from point A which is situated approximately 1.6 kilometres offshore in Lake
Tanganyika and due north east of Sumbu Old Boma; the boundary proceeds on a bearing of
approximately 220 degrees for a distance of 1.6 kilometres to Beacon D erected near
Sumbu Old Boma; thence the boundary proceeds on a bearing of approximately 235
degrees for a distance of approximately 4.8 kilometres to Beacon C erected on the Chisala
stream; thence the boundary proceeds on a bearing of approximately 336 degrees for a
distance of about 5.8 kilometres to Beacon B on the boundary of the Tabwa Reserve No.
XXXII and approximately 5 kilometres due west of Cape Kachese; thence the boundary
proceeds along this reserve boundary to the point where it meets the shoreline of Lake
Tanganyika; thence on a bearing of approximately 101 degrees for a distance of
approximately 2.3 kilometres and passing above the northernmost tip of Sumbu Island to
point A, the point of starting.
All bearings are from magnetic north and all distances are approximate.
The above described area, in extent 1,508 hectares approximately, is shown bordered green
on Plan No. T153, deposited in the office of the Surveyor-General, signed by him and dated
11th December, 1980.
(S.I. no 56 of 1981)
SECTION 3-THE TOWN AND COUNTRY PLANNING
ACT
(APPLICATION) ORDER
1. This Order may be cited as the Town and Country Planning Act Title
(Application) Order.
2. All the provisions of the Town and Country Planning Act shall Application of the Town
and Country Planning
apply to Customary Areas contained within the boundaries of the area Act
described in the Schedule hereto.
SCHEDULE
(Paragraph 2)
SIAVONGA
1. This Order may be cited as the Town and Country Planning Act Title
2. All the provisions of the Town and Country Planning Act shall Application of the Town
and Country Planning
apply to Customary Areas contained within the boundaries of the area Act
described in the Schedule hereto.
SCHEDULE
(Paragraph 2)
MONGU
Starting at point P1, being on the Lusaka Road at the easternmost point
of the previous Township Boundary, the new boundary runs southwards
on a bearing of 175 degrees for a distance of 2,900 metres to P16, being
the easternmost point of the new Cemetary Site; thence
south-westwards on a bearing of 237 degrees for a distance of 1,390
metres to P15 on the Senanga Road; thence in a north-westerly direction
along the western side of Senanga Road on a bearing of 327 degrees for
a distance of 1,590 metres to P14; thence leaving the Senanga Road on a
bearing of 292 degrees for a distance of 1,220 metres to P13; thence in a
south-westerly direction on a bearing of 255 degrees for a distance of
540 metres to P12; thence it runs north-westwards following the bed of
the second and lesser water-course for a distance of 1,160 metres to P10,
which is the confluence of the two water-courses; thence in a
north-easterly direction passing to the west of Maramba Harbour for a
distance of 1,270 metres to P9 which lies on the water-course; thence in
a north-easterly direction on a bearing of 35 degrees for a distance of
1,036 metres to P8 near the mouth of the Blue Gums Harbours; thence
eastwards on a bearing of 85 degrees for a distance of 570 metres to P7
on the western side of the Limulunga Road opposite the present market;
thence on a bearing of 35 degrees for a distance of 945 metres to P6 on
the Limulunga Road; thence northwards following the road for a total
distance of 1,500 metres to P5 at the north-west extremity of "ex
W.N.L.A. Compound", still on the Limulunga Road; thence eastwards
on a bearing of 75 degrees for a distance of 1,560 metres to P4; thence
southwards on a bearing of 170 degrees for a distance of 1,850 metres to
P3 on the road; thence along the Airport approach road westwards on a
bearing of 260 degrees for a distance of 120 metres to P2; thence
southwards joining the previous Township Boundary on a bearing of
170 degrees for a total distance of 1,140 metres to P1 on the Lusaka
Road, the point of starting.
All bearings and distances are approximate.
The above described area, in extent 1,390 hectares approximately, is
shown bordered green on Plan No. T79/2, deposited in the office of the
Surveyor-General, signed by him and dated 10th February, 1975.
(S.I. no 120 of 1982)
1. This Order may be cited as the Town and Country Planning Act Title
(Application) Order.
2. All the provisions of the Town and Country Planning Act shall Application of the Town
and Country Planning
apply to Customary Areas contained within the boundaries of the area Act
described in the Schedule hereto.
(S.I. no. 153 of 1983)
SCHEDULE
(Paragraph 2)
SENANGA
1. This Order may be cited as the Town and Country Planning Act Title
2. All the provisions of the Town and Country Planning Act shall apply Application of the Town
and country Planning
to Customary Areas contained within the boundaries of the area Act
described in the Schedule hereto.
SCHEDULE
(Paragraph 2)
KALABO
1. This Order may be cited as the Town and Country Planning Act Title
2. All the provisions of the Town and Country Planning Act shall Application of the Town
and country Planning
apply to Customary Areas contained within the boundaries of the area Act
described in the Schedule hereto.
SCHEDULE
(Paragraph 2)
LUKULU
1. This Order may be cited as the Town and Country Planning Act Title
2. All the provisions of the Town and Country Planning Act shall Application of the Town
apply to those areas of Trust Land contained within the boundaries of and Country Planning
Act
the area described in the Schedule hereto.
SCHEDULE
(Paragraph 2)
NICHELENGE/KASHIKISHI
1. This Order may be cited as the Town and Country Planning Act Title
2. All the provisions of the Town and Country Planning Act shall Application of the Town
and Country Planning
apply to Customary Areas contained within the boundaries of the area Act
described in the Schedule hereto.
SCHEDULE
(Paragraph 2)
MWENSE
1. This Order may be cited as the Town and Country Planning Act Title
(Application) Order.
2. All the provisions of the Town and Country Planning Act shall Application of the Town
and Country Planning
apply to Customary Areas contained within the boundaries of the area ActJ
described in the Schedule hereto.
SCHEDULE
(Paragraph 2)
KAOMA
Starting at the junction of the new Lusaka-Mongu Road, M9, and the
road from Kaoma Township's Boma, D301 at point A, the boundary
proceeds westwards along the Lusaka-Mongu Road for a distance of
approximately 1 270 metres to point B, on the same road; thence
northwards on a bearing of 0 degrees for approximately 1 250 metres to
point C at the source of the Muhilo Stream; thence down the Muhilo
Stream for approximately 600 metres to point D; thence north
westwards on a bearing of 341 degrees for a distance of approximately
250 metres to point E; thence north westwards on a bearing of 320
degrees for approximately 410 metres to point F; thence north
westwards on a bearing of 343 degrees for a distance of 140 metres to
point G on the northern edge of the Old Lusaka-Mongu Road, RD467;
thence eastwards along the Old Lusaka-Mongu Road, RD467, for a
distance of approximately 100 metres to point H; thence north
westwards on a bearing of 347 degrees for a distance of approximately
180 metres to point J; thence north westwards on a bearing of 328
degrees for a distance of 550 metres to point K on the left bank of the
Luena River; thence up the Luena River to its confluence with the
Mulamatila Stream; thence up the Mulamatila Stream to its source at
point L; thence southwards on a bearing of 181 degrees for a distance of
approximately 2 080 metres to point M on the new Lusaka-Mongu
Road, M9; thence along the Lusaka-Mongu Road, M9, for a distance of
2 100 metres to its junction with Road D301 at point A, the point of
starting. All bearings and distances are approximate.
The above described area in extent 1 445 hectares approximately, is
shown bordered green on Plan No. T38/1 deposited in the office of the
Surveyor-General, signed by him and dated 2nd December, 1983.
(S.I. no 105 of 1985)
1. This Order may be cited as the Town and Country Planning Act Title
(Application) Order.
2. All the provisions of the Town and Country Planning Act shall Application of the Town
and Country Planning
apply to Customary Areas contained within the boundaries of the area Act
described in the Schedule hereto.
SCHEDULE
(Paragraph 2)
KAPUTA
Starting at the point where road D37 crosses Choma River, the boundary
follows this road in a south westerly direction for a distance of
approximately 1 530 metres to point A; thence on a bearing of 283
degrees for a distance of approximately 920 metres to point B; thence on
a bearing of 348 degrees for a distance of approximately 1 140 metres to
point C; thence on a bearing of 43 degrees for a distance of
approximately 950 metres to point D on Choma River; thence down
Choma River to the point where it is crossed by road D37, the point of
starting.
All distances and bearings taken from north are approximate.
The above described area in extent 215 hectares approximately, is
shown bordered green on Plan No. T156 deposited in the office of the
Surveyor-General or signed by him and dated 26th April, 1985.
(S.I. no 22 of 1986)
1. This Order may be cited as the Town and Country Planning Act Title
2. All the provisions of the Town and Country Planning Act shall Application of the Town
and Country Planning
apply to Customary Areas contained within the boundaries of the area Act
described in the Schedule hereto.
SCHEDULE
(Paragraph 2)
CHIBOMBO
Starting at point A the junction of the Great North Road T2, and
Chibombo Road R133, the boundary proceeds north-westwards along
Chibombo Road R133 for a distance of approximately 3 100 metres to
point B, thence eastwards along a track for a distance of approximately 3
300 metres to point C, a point on the boundary of Farm No. 2112, thence
southwards along the boundary of Farm No. 2112 for a distance of
approximately 1 700 metres to point D, a point north of the Great North
Road T2, thence in south-westerly direction along the Great North Road
T2 for a distance of approximately 1 500 metres to point A the point of
starting.
All distances are approximate. The above described area in extent 600
hectares approximately, is shown bordered green on Plan No. T155
deposited in the office of the Surveyor-General, signed by him and dated
27th August, 1985.
(S.I. no. 158 of 1985)
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. MPI/84 may be inspected at the office of the Deposit of Plan and
submission of
Northern Planning Authority, Charter House, Buteko Avenue, Ndola, or objections
at the office of the Mpika Township Council, during normal working
hours until the 9th April, 1976, and any interested person may object to
the preparation of the Development Plan to the Minister of Local
Government and Housing, P.O. Box RW27, Lusaka, before the 9th
April, 1976.
(S.I. no 57 of 1976)
1. This Order may be cited as the Town and Country Planning Title
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. KAP/81 may be inspected at the office of the Deposit of Plan and
submission of
Southern Planning Authority, Government Road, Lusaka, or at the objections
office of the Kapiri Mposhi Township Council, during normal working
hours on any day not later than twenty-one days after the publication of
this Order, and any interested person may object to the preparation of
the Development Plan to the Minister of Local Government and
Housing, P.O. Box RW27, Lusaka, within the aforesaid period.
(S.I. no 79 of 1976)
1. This Order may be cited as the Town and Country Planning (Lusaka Title
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. LUS/357 may be inspected at the offices of the Deposit of Plan and
sub-mission of
City Engineer, Civic Centre, Lusaka, during normal working hours on objections
any day not later than forty-five days after the publication of this Order,
and any interested person may object to the preparation of the
Development Plan to the Minister of Local Government and Housing,
P.O. Box RW27, Lusaka, within the aforesaid period.
1. This Notice may be cited as the Town and Country Planning Title
2. (1) The Northern Planning Authority is hereby ordered to prepare a Order to prepare
development plan
development plan for the area within the border edged blue on Plan No.
MWO/3.
(2) The Order contained in sub-paragraph (1) shall not come into
operation until the expiration of a period of forty-five days after the date
on which this Notice is published in the Gazette.
3. (1) A copy of Plan No. MWO/3 may be inspected at the office of the Inspection of
development plan and
Northern Planning Authority, Charter House, Buteko Avenue, Ndola, or submission of
at the office of the District Secretary, Solwezi, during normal working objections
hours on any day during the period of forty-five days following the
publication of this Notice in the Gazette.
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. MAZ/94 may be inspected at the office of the Deposit of Plan and
submission of
Southern Planning Authority, Government Road, Lusaka, or at the objections
office of the Mazabuka Township Council, during normal working
hours on any day not later than twenty-one days after the publication of
this Order, and any interested person may object to the preparation of
the Development Plan to the Minister of Local Government and
Housing, P.O. Box RW27, Lusaka, within the aforesaid period.
(S.I. no 50 of 1977)
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. KAF/116 may be inspected at the office of the Inspection of plan and
submission of
Southern Planning Authority, Government Road, Lusaka, or at the objections
office of Kafue Township Council, during normal working hours on any
day not later than twenty-one days after the publication of this Order,
and any interested person may object to the preparation of the
development plan to the Minister of Local Government and Housing,
P.O. Box RW27, Lusaka, within the aforesaid period.
(S.I. no. 64 of 1977)
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. T17/3 may be inspected at the office of the Deposit of plan and
submission of
Northern Planning Authority, Charter House, Buteko Avenue, Ndola, or objections
at the office of the Mansa Township Council, during normal working
hours on any day not later than twenty-one days after the publication of
this Order, and any interested person may object to the preparation of
the Development Plan to the Minister of Local Government and
Housing, P.O. Box RW27, Lusaka, within the aforesaid period.
(S.I. no 143 of 1977)
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. T82/7 may be inspected at the office of the Town Inspection of plan and
sub-mission of
Engineer, Civic Centre, Luanshya, during normal working hours on any objections
day not later than twenty-one days after the publication of this Order,
and any interested person may object to the preparation of the
development plan to the Minister of Local Government and Housing,
P.O. Box RW27, Lusaka, within the aforesaid period.
(S.I. no 144 of 1977)
1. This Order may be cited as the Town and Country Planning Title
1. This Order may be cited as the Town and Country Planning Title
2. The functions of the Minister under subsections (1) and (2) of Delegation of functions
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. C.1. may be inspected at the office of the Inspection of Plan and
submission of
Northern Planning Authority, Buteko House, Buteko Avenue, Ndola objections
and at the office of the Chililabombwe Township Council, during
normal working hours on any day not later than twenty-one days after
the publication of this Order, and any interested person who objects to
the preparation of the development plan may send his objection in
writing to the Minister of Local Government and Housing, P.O. Box
RW27, Lusaka, within the aforesaid period.
(S.I. no 200 of 1977)
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. C.17 may be inspected at the office of the Town Inspection of Plan and
submission of
Engineer, Civic Centre, Chingola, during normal working hours on any objections
day not later then twenty-one days after the publication of this Order,
and any interested person who objects to the preparation of the
development plan may send his objection in writing to the Minister of
Local Government and Housing, P.O. Box RW27, Lusaka, within the
aforesaid period.
revoked.
(S.I. No. 201 of 1977)
SCHEDULE
(Paragraph 4)
Government Notice No. 351 of 1959
Government Notice No. 377 of 1963
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. T122/7 may be inspected at the office of the City Inspection of plan and
submission of
Engineer, Civic Centre, Ndola, during normal working hours on any day objections
not later than twenty-one days after the publication of this Order, and
any interested person may object to the preparation of the Development
Plan to the Minister of Local Government and Housing, P.O. Box
RW27, Lusaka, within the aforesaid period.
(S.I. no 210 of 1977)
(S.I. no 80 of 1978)
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. SAM/54 may be inspected at the office of the Inspection of plan and
submission of
Northern Planning Authority, Buteko House, Buteko Avenue, Ndola, or objections
at the office of the Samfya Rural Council, during normal working hours
on any day not later than twenty-one days after the publication of this
Order, and any interested person may object to the preparation of the
Development Plan to the Minister of Local Government and Housing,
P.O. Box RW27, Lusaka, within the aforesaid period.
(S.I. no 85 of 1978)
3. A copy of Plan No. ZAM/172 may be inspected at the office of the Inspection of plan and
submission of
Northern Planning Authority, Buteko House, Buteko Avenue, Ndola, or objections
at the office of the Zambezi Rural Council, during normal working
hours on any day not later than twenty-one days after the publication of
this Order, and any interested person may object to the preparation of
the Development Plan to the Minister of Local Government and
Housing, P.O. Box RW27, Lusaka, within the aforesaid period.
(S.I. no 86 of 1978)
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. KAW/87 may be inspected at the office of the Inspection of plan and
submission of
Northern Planning Authority, Buteko House, Buteko Avenue, Ndola, or objections
at the office of the Kawambwa Rural Council, during normal working
hours on any day not later than twenty-one days after the publication of
this Order, and any interested person may object to the preparation of
the Development Plan to the Minister of Local Government and
Housing, P.O. Box RW27, Lusaka, within the aforesaid period.
(S.I. no 84 of 1978)
1. This Order may be cited as the Town and Country Planning Title
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. T77/11 may be inspected at the office of the Inspection of plan and
submission of
Town Engineer, Civic Centre, Mufulira, during normal working hours objections
on any day not later than twenty-one days after the publication of this
Order, and any interested person may object to the preparation of the
Development Plan to the Minister of Local Government and Housing,
P.O. Box RW27, Lusaka, within the aforesaid period.
(S.I. no 137 of 1978)
SECTION 15-THE TOWN AND COUNTRY PLANNING
(PREPARATION OF DEVELOPMENT PLAN)
(KASEMPA) ORDER
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. KASE/85 may be inspected at the office of the Inspection of Plan and
sub-mission of
Northern Planning Authority, Provident House, Broadway, Ndola and at objections
the office of the Kasempa Rural Council, during normal working hours
on any day not later than twenty-one days after the publication of this
Order, and any interested person who objects to the preparation of the
development plan may send his objection in writing to the Minister of
Local Government and Housing, P.O. Box RW27, Lusaka, within the
aforesaid period.
(S.I. no. 181 of 1978)
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. MPU/66A may be inspected at the office of the Inspection of Plan and
sub-mission of
Northern Planning Authority, Ninth Floor, Provident House, Broadway, objections
Ndola and at the Office of the Mbala Rural Council during normal
working hours on any day not later than twenty-one days after the
publication of this Order, and any interested person who objects to the
preparation of the development plan may send his objection in writing to
the Prime Minister, P.O. Box RW27, Lusaka, within the aforesaid
period.
(S.I. no 76 of 1979)
1. This Notice may be cited as the Town and Country Planning Title
3. Copies of the Plans specified in column 2 of the Schedule hereto Inspection of Plans and
Submission of
may be inspected at the office of the Northern Planning Authority, objections
Provident House, Broadway, Ndola, during normal working hours on
any day not later than twenty-one days after the publication of this
Notice, and any interested person who objects to the preparation of the
development plans may send his objection to the Prime Minister, P.O.
Box RW27, Lusaka, within the aforesaid period.
SCHEDULE
(Paragraph 2)
Area Plan No.
(1) (2)
1. Nakonde/Mwenzo T152
2. Msanza TAZ/N/1
3. Ngumba TAZ/N/1
4. Kapwila TAZ/N/1
5. Luchinde TAZ/N/1
6. Chozi T151
7. Mtumba TAZ/N/2
8. Luchewe TAZ/N/2
9. Mbopo TAZ/N/2
10. Kalulu TAZ/N/2
11. Makasa TAZ/N/2
12. Kasuwa TAZ/N/3
13. Iyaya TAZ/N/3
14. Chimba TAZ/N/3
15. Mulele TAZ/N/3
16. Nseluka TAZ/N/3
17. Mulambe TAZ/N/3
18. Kungu TAZ/N/4
19. Chibuli TAZ/N/4
20. Nkole TAZ/N/4
21. Ishitu TAZ/N/4
22. Nduta TAZ/N/5
23. Chambeshi TAZ/N/5
24. Mpepo TAZ/N/5
25. Labushi TAZ/N/5
26. Kasongo TAZ/N/5
27. Katumba TAZ/N/5
28. Kabuka TAZ/N/6
1. This Notice may be cited as the Town and Country Planning Title
3. Copies of the Plans specified in column 2 of the Schedule hereto Inspection of Plan and
submission of
may be inspected at the office of the Southern Planning Authority, objections
Government Road, Lusaka, during normal working hours on any day
not later than twenty-one days after the publication of this Notice, and
any interested person who objects to the preparation of the development
plans may send his objection to the Prime Minister, P.O. Box RW27,
Lusaka, within the aforesaid period.
SCHEDULE
(Paragraph 2)
Area Plan No.
(1) (2)
1. Jumeni TAZ/C/1
2. Lushibashi TAZ/C/1
3. Kanona TAZ/C/1
4. Butetele TAZ/C/2
5. Chankalamo TAZ/C/2
6. Mulembo TAZ/C/2
7. Kabuluma TAZ/C/2
1. This Notice may be cited as the Town and Country Planning Title
1. This Notice may be cited as the Town and Country Planning Title
3. A copy of Plan No. SIA/119 may be inspected at the office of the Inspection of plan and
sub-mission of
Southern Planning Authority, Government Road, Lusaka, or at the objections
office of the Siavonga Rural District Council, Siavonga, during normal
working hours on any day not later than twenty-one days after the
publication of this Notice, and any interested person who objects to the
preparation of the development plan may send his objection to the Prime
Minister, P.O. Box 50027, Lusaka, within the aforesaid period.
1. This Notice may be cited as the Town and Country Planning Title
3. A copy of Plan No. MONG/146 may be inspected at the office of the Inspection of plan and
submission of
Southern Planning Authority, Government Road, Lusaka, or at the objections
office of the Mongu District Council, Mongu, during normal working
hours on any day not later than twenty-one days after the publication of
this Notice, and any interested person who objects to the preparation of
the development plan may send his objection to the Prime Minister, P.O.
Box 50027, Lusaka, within the aforesaid period.
(S.I. no 176 of 1982)
1. This Notice may be cited as the Town and Country Planning Title
3. A copy of Plan No. SENA/31 may be inspected at the office of the Inspection of plan and
submission of
Southern Planning Authority, Government Road, Lusaka, or at the objections
office of the Senanga District Council, Senanga, during normal working
hours on any day not later than twenty-one days after the publication of
this Notice, and any interested person who objects to the preparation of
the development plan may send his objections to the Prime Minister,
P.O. Box 50027, Lusaka, within the aforesaid period.
(S.I. no 71 of 1984)
3. A copy of Plan No. TPN/MWE/F13 may be inspected at the office Inspection of plan and
sub-mission of
of the Northern Planning Authority, Profund House, Broadway Road, objections
Ndola, or at the office of the Mwense District Council, Mwense, during
normal working hours on any day not later than twenty-one days after
the publication of this notice, any interested person who objects to the
preparation of the development plan may send his objection to the
Minister, P.O. Box 50027, Lusaka, within the aforesaid period.
(S.I. no 116 of 1985)
1. This Notice may be cited as the Town and Country Planning Title
3. A copy of Plan No. NCHE/10 may be inspected at the office of the Inspection of plan and
submission of
Northern Planning Authority, Profund House, Broadway Road, Ndola, objections
or at the office of the Nchelenge District Council, Nchelenge, during
normal working hours on any day not later than twenty-one days after
the publication of this Notice, any interested person who objects to the
preparation of the development plan may send his objections to the
Minister, P.O. Box 50027, Lusaka, within the aforesaid period.
(S.I. no. 123 of 1985)
1. This Order may be cited as the Town and Country Planning Title
3. A copy of Plan No. T. 38/1 may be inspected at the office of the Inspection of plan and
submission of
Southern Planning Authority, Government Road, Lusaka, or at the objections
office of the Kaoma District Council, Kaoma, during normal working
hours on any day not later than twenty-one days after the publication of
this Order, and any interested person who objects to the preparation of
the development plan may send his objections to the Minister of
Decentralisation, P.O. Box 50027, Lusaka, within the aforesaid period.
(S.I. no. 130 of 1986)
1. These Regulations may be cited as the Town and Country Planning Title
2. (1) The authorities set out in the First Schedule are hereby appointed Appointment of
planning authorities
as the planning authorities for the respective areas described in that
Schedule.
(2) The functions of the Minister under subsections (1) and (2) of
section twenty-five of the Act relating to the grant or refusal of
permission to develop or subdivide land are hereby delegated to the
planning authorities set out in the Schedule for the respective areas
described in that Schedule.
3. (1) Except for the appointments made under section five of the Act, Revocation of prior
appointments
any other appointments of planning authorities made prior to the date
hereof in respect of the areas described in the Schedule are hereby
revoked.
(2) Except for the delegation of functions made under proviso (i) of
subsection (1) of section twenty-four of the Act, any other delegation of
functions made prior to the date hereof to any other planning authority
in respect of the areas described in the Schedule are hereby revoked.
SCHEDULE
(Regulations 2 and 3)
PLANNING AUTHORITIES
Area Authority
Central Province......................... Central Province Planning Authority
Copperbelt Province................... Copperbelt Province Planning Authority
Eastern Province ........................ Eastern Province Planning Authority
Luapula Province ....................... Luapula Province Planning Authority
Lusaka Province......................... Lusaka Province Planning Authority
Northern Province...................... Northern Province Planning Authority
North-Western Province ............ North-Western Province Planning Authority
Southern Province...................... Southern Province Planning Authority
Western Province ....................... Western Province Planning Authority
(S.I. no 12 of 1989)
Government
SECTION 5-THE TOWN AND COUNTRY PLANNING Notice
(PLANNING AUTHORITY PROCEDURE) 418 of 1963
REGULATIONS
1. These Regulations may be cited as the Town and Country Planning Title
4. (1) An authority shall meet as often as occasion may require but at Meetings
authority:
(2) The chairman shall have a deliberative vote, and in addition, in the
event of an equality of votes, a casting vote.
8. The public may attend meetings of an authority, but no person may Attendance by the
public
be heard or otherwise take part in any proceedings save by invitation of
the authority.
the public shall withdraw and the proceedings and records of any matter
thereof shall be confidential to the authority and such other persons as
the Minister may decide from time to time.
10. (1) No appointed person shall vote upon or take part in any Pecuniary interest of
chairman and members
discussion at a meeting of an authority of any matter in which he has a in matters coming
direct or indirect financial interest, save that he may provide information before the meeting
(4) The provisions of this regulation shall not apply to such person or
persons who may be appointed to the Copperbelt Planning Authority by
virtue of their employment with the Roan Selection Trust Limited and
any of its subsidiary Mining Companies or the Anglo American
Corporation Limited or any of its subsidiary Mining Companies in
respect of any matters concerning any of the aforesaid companies.
11. An authority may authorise an appointed person or its executive Persons to be authorised
12. Minutes of the proceedings of every meeting of an authority shall Minutes of meetings
transmitted within one month of the meeting to the Minister and to any
local or township authority concerned.
Government
SECTION 9-THE TOWN AND COUNTRY PLANNING Notice
(FEES AND ALLOWANCES) REGULATIONS 51 of 1963
Statutory
Instrument
65 of 1965
1. These Regulations may be cited as the Town and Country Planning Title
3. (1) Any member of the Tribunal who is a Chartered Planner of the Interpretation
4. The president, the vice-president, members of the Tribunal and any Allowances
5. Regulation 3 shall not apply to any person who being president, Non-application of
regulation 3
vice-president, a member of the Tribunal or an adviser is an officer of
the public service.
ARRANGEMENT OF REGULATIONS
Regulation
1. Title
2. Application
3. Interpretation
4. Notice of appeal and appellant's case
5. Appeal not entertained
6. Publication of advertisement calling for objections
7. Objector's case
8. Respondent's case
9. Place and date of hearing
10. Hearing on written statements
11. Hearing of appeal in public
12. Inspection of site
13. Adjournment of appeal
14. Determination of appeal
15. Notification of decision
16. Service of notice on Tribunal
17. Costs and charges
18. Applications
SCHEDULE-Prescribed forms
Government
SECTION 14-THE TOWN AND COUNTRY PLANNING Notice
(APPEALS) 50 of 1963
REGULATION
1. These Regulations may be cited as the Town and Country Planning Title
(Appeals) Regulations.
2. These Regulations shall apply to all appeals to the Tribunal made Application
4. (1) Every appeal to the Tribunal shall be instituted by serving on the Notice of appeal and
appellant's case
secretary a written notice of appeal in quadruplicate signed by the
appellant or his legal representative. Such notice of appeal shall include
the residential or business and postal address of the appellant at which
notices may be served.
(2) When an appellant gives notice of appeal, he shall at the same time
lodge with the secretary a statement in writing (hereinafter called the
"appellant's case") in quadruplicate, setting forth the grounds of his
appeal and all the facts which he considers material and relevant thereto
and his contentions in law based thereon.
(3) Upon serving notice of appeal on the secretary, the appellant shall
forthwith serve a copy of such notice and of the appellant's case upon the
respondent.
5. Where an appeal has been made under the provisions of section Appeal not entertained
6. As soon as possible after the receipt of the notice of appeal, the Publication of
advertisement calling
president or the vice-president shall cause to be published in a for objections
newspaper circulating in the area where the premises at which the
subject of the appeal are situated an advertisement in the form set out in
Part I of the Schedule calling upon any objector to serve on the
secretary, within twenty-eight days of the date of publication of the
advertisement, written notice of his intention to be heard on the hearing
of the appeal therein referred to.
7. (1) Every notice of intention to be heard shall be in quadruplicate and Objector's case
8. (1) Within fourteen days from the date of receipt of the copy of the Respondent's case
(c) all other facts which he considers relevant and material to the
determination of the appeal; and
(2) Upon lodging the respondent' case with the secretary, the
respondent shall forthwith serve a copy thereof on the appellant.
(3) As soon as possible after the receipt of the respondent's case, the
secretary shall serve notice on every objector informing him that he may
during normal office hours at the office of the secretary inspect and take
copies of the notice of appeal, the appellant' case and the respondent's
case.
9. The secretary shall, when the president or the vice-president has Place and date of
hearing
appointed the place and date of hearing of an appeal, cause notice
thereof to be served on the appellant, the respondent and all objectors, if
any, and shall forthwith cause an advertisement thereof in the form set
out in Part II of the Schedule to be published in a newspaper circulating
in the area where the premises which are the subject of the appeal are
situated.
10. (1) The appellant may, not less than seven days before the date Hearing on written
statements
appointed for the hearing of the appeal, serve on the secretary a written
notice signed by himself, the respondent and all objectors, if any,
requesting that the appeal be heard without appearances by the parties
thereto on the notice of appeal, the appellant's case, the respondent's
case and the objector's case.
(3) Where any interested party without reasonable cause fails to submit
within the time specified the further information required under the
provisions of sub-regulation (2), the Tribunal may proceed to determine
the matter of the appeal on such evidence as is before it.
(4) Regulations 11, 12 (1), 13 and 18 shall not apply to an appeal heard
under the provisions of this regulation.
11. (1) The Tribunal shall afford the appellant, the respondent and any Hearing of appeal in
public
objector or their legal representatives a full opportunity of being heard
and of calling such evidence and producing such documents at the
hearing of the appeal as may be deemed relevant and material.
(2) The provisions of rule 9 of Order V of the High Court Rules shall Cap. 27
(4) In the absence of any or all of the interested parties or their legal
representatives, the Tribunal may nevertheless proceed to determine the
appeal on such evidence as is available to it.
12. (1) The Tribunal may, either at the request of any interested party or Inspection of site
of its own volition, inspect the site to which the appeal relates.
(2) The president or the vice-president at his discretion may request the
Minister to appoint such a person as he considers suitable to inspect and
report on the site to which the appeal relates and the adjacent area not
less than fourteen days before the appeal is heard, and such report shall,
if the appeal is heard in public, form part of the record of the
proceedings, and any interested party shall be entitled to comment
thereon, and for this purpose the secrtary shall by notice served submit a
copy of such report to all the interested parties not less than seven days
before the appeal is heard.
13. If for any reason it appears desirable to the Tribunal to adjourn an Adjournment of appeal
14. The determination of every appeal shall be pronounced either Determination of appeal
15. (1) A decision of or an order made by the Tribunal shall contain Notification of decision
reasons for its decision and for any conditions included therein, and a
copy thereof shall be sent by registered post to the appellant and the
respondent and to every objector as soon as possible thereafter.
(2) Any decision of or order made by the Tribunal shall, on the copy
sent to the appellant, include a statement to the effect that the appellant,
if dissatisfied with the decision of the Tribunal, may, within
twenty-eight days of such decision, appeal to the High Court against
such decision.
16. A notice shall be sufficiently served on the Tribunal if it is served Service of notice on
on the secretary at the official address of the Tribunal. Tribunal
17. Any costs and charges imposed by the Tribunal may be recovered Costs and charges
by civil action.
18. (1) All applications, including applications for an extension of time Applications
(2) The notice shall state shortly the reasons upon which the application
is based and shall contain the residential or business and postal address
of the applicant and the respondent.
(3) The secretary shall notify the applicant and the respondent of the
date of hearing of the application. The applicant and the respondent shall
be entitled to appear and be heard on such hearing.
SCHEDULE
PRESCRIBED FORMS
PART I
(Regulation 6)
FORM OF ADVERTISEMENT OF PUBLIC INQUIRY
THE TOWN AND COUNTRY PLANNING ACT
HEARING IN PUBLIC OF AN APPEAL
......................................................................................Development Plan
NOTICE IS HEREBY GIVEN THAT .......................
of .................................
is appealing to the Town and Country Planning Tribunal against the refusal/conditions of
approval\approval of the* .....................................................Planning Authority/Minister of
Provincial and Local Government in respect of (describe application for planning
permission) at (address of land to which appeal relates).
Any person whose interest in any land may be affected by the decision of the Tribunal has
the right to appear and be heard at this hearing and any person so wishing to appear and be
heard shall within twenty-eight days from the date of publication of this notice serve notice
in writing on the Tribunal of his intention to appear and be heard and such notice shall
include written grounds in quadruplicate for wishing to be heard. At the same time as such
person serves notice on the Tribunal he shall serve a similar notice on the appellant and
the* ................................................................Planning Authority/Minister of Provincial
and Local Government, P.O. Box.....................................................and such notice shall
include a copy of his grounds for wishing to be heard.
Any other person who so wishes may attend the hearing but shall not be heard.
Notices and other documents may be served on the above-named appellant at the
following address .........................
(Signed).................................................................................
Secretary ,
Town and Country Planning Tribunal,
P.O. Box RW.27, Lusaka.
(Regulation 9)
FORM OF ADVERTISEMENT OF PUBLIC INQUIRY
THE TOWN AND COUNTRY PLANNING ACT
..........................................................................Development Plan
NOTICE IS HEREBY GIVEN that the appeal by ...............
....................of.......................................................................
against the decision of the* .............Planning Authority/
Minister of Provincial and Local Government in respect of his application for permission to
develop/subdivide land situated at ...............
...................................
will be heard in public at ..............a/p.m. on..........................................
the ..............day of........................................................19......
at .................................
Any person who has previously submitted representations or objections to the Tribunal in
respect of this appeal has the right to appear and be heard.
Any other person may attend this hearing but shall not be heard.
(Signed).........................................................................
Secretary ,
Town and Country Planning Tribunal,
P.O. Box RW.27, Lusaka.
The City of Lusaka Planning Authority is hereby ordered to prepare the Statutory Instrument
299 of 1965
Lusaka Rural Development Plan in respect of the area contained within
the inner edges of the boundary lines edged blue on Plan No. LUS-313.
The Kabwe Planning Authority is hereby ordered to prepare the Kabwe Statutory Instrument
279 of 1968
(Amending) Development Plan in respect of the area contained within
the inner edges of the boundary line edged blue on Plan No. KA-7.
Provided that this Order shall not apply to any area for which any other
Order to prepare a development plan is made under the provisions of
section fifteen of the Act.
The City of Kitwe Planning Authority is hereby ordered to prepare a Statutory Instrument
321 of 1967
development plan in respect of the areas contained within the inner
edges of the boundary lines coloured red on Plan No. TP/203/10.
The City of Ndola Planning Authority is hereby ordered to prepare a Statutory Instrument
150 of 1967
development plan in respect of all extensions to the City of Ndola.
The City of Ndola Planning Authority is hereby ordered to prepare a Statutory Instrument
32 of 1969
development plan in respect of the area contained within the City
boundaries.
The areas "A", "B", "C", "D", "E", "F", "G", "H", "J", "K", "L", "M",
and "N" within the boundaries shown on Plan No. IC/22.
1. This Order may be cited as the Town and Country Planning Title
Development Order.
4. As from the appointed day all development in the areas to which this Grant of permission
Order applies shall require the grant of permission for the purposes of
Part V of the Act.
5. (1) Subject to the provisions of this Order, development of any class Permitted development
6. (1) If the Minister is satisfied that it is expedient that development of Directions restricting
permitted development
any of the classes specified in the Schedule should not be carried out in
any particular area, or that any particular develop-ment of any of the
said classes should not be carried out, unless permission is granted on an
application in that behalf, the Minister may direct that the permission
granted by paragraph 5 shall not apply to-
(a) all or any development of all or any of the said classes in any
particular area specified in the direction; or
(4) No direction given or having effect under this paragraph shall have
effect in relation to the carrying out in case of emergency of any
development specified in the Schedule or, unless such direction
specifically so provides, to the carrying out by statutory undertakers of
the following operations:
7. If any person who proposes to carry out any operations on land or Application for
determination whether
make any change in the use of land or buildings wishes to have it permission is required
determined whether the carrying out of those operations or the making
of that change in the use of the land or buildings would constitute or
involve development within the meaning of the Act and, if so, whether
an application for permission in respect thereof is required under the Act
having regard to this Order, he may apply to the Minister or planning
authority, as the case may be, to determine that question.
8. (1) An application to the Minister or planning authority, as the case Application for grant of
permission
may be, for any permission or decision required under this Order shall,
unless otherwise provided in this Order, be made in accordance with the
provisions of the Town and Country Planning (Application for Planning
Permission) Regulations.
Provided that-
(2) The Minister or planning authority shall give not less than fourteen
days' notice to the authority required to be consulted that such an
application is to be taken into consideration, and shall not determine the
application until after the expiration of the period mentioned in such
notice and shall, in deciding the application, take into account any
representations or objections received from such authority.
10. On referring any application to the Minister pursuant to a direction Reference of
applications to the
in that behalf under the provisions of section twenty-six of the Act, a Minister
planning authority shall, within seven days of the receipt of the
direction, serve on the applicant notice of the terms of the direction and
of any reasons given by the Minister for issuing the direction, and such
notice shall inform the applicant that the application has been referred to
the Minister who shall, if the applicant so desires, afford him or his
representative an opportunity of appearing before and being heard by a
person appointed by the Minister for that purpose.
11. (1) The Minister or planning authority shall in every case serve Notification to
applicants
notice on the applicant of his or its decision.
(2) The period within which the Minister or planning authority shall
serve notice on the applicant shall be ninety days from the date of receipt
of the application or such extended period as may be agreed in writing
by the applicant.
12. The Minister or planning authority, as the case may be, shall keep a Register of applications
13. Every register shall contain an index in the form of cards, each card Index to register
to contain the stand, plot, lot or farm number of the property which is the
subject of the application and the road, district and town in which it is
situate, the name and address of the applicant and the registered number
of the application and to be filed by townships in numerical sequence
according to the stand or plot number and by lots or farms in numerical
sequence according to the lot or farm number.
14. Every entry in the register shall be made within seven days of the Entry in register
15. The register shall be kept at the offices of the Minister or the Inspection of register
planning authority, as the case may be, and made available for
inspection by the public during normal hours of official business.
16. Any notice or other document to be served or given under this Notices
SCHEDULE
(Paragraph 5)
PART I
PART II
STANDARD CONDITIONS Cap. 464
1. This permission shall not authorise any development which involves the formation,
laying out, or material widening of a means of access to a main or district road as defined in
the Roads and Road Traffic Act
2. No development shall be carried out which creates an obstruction to the view of persons
using any road used by vehicular traffic at or near any bend, corner, junction or intersection
of any roads so as to be likely to cause danger to such persons.
3. No part of any building shall project beyond any building line laid down for the holding
or stand.
PART III
This Part shall apply only to areas for which a council has been appointed pursuant to Cap. 281
Government
SECTION 23-THE TOWN AND COUNTRY PLANNING Notices
SUBDIVISION ORDER 349 of 1962
97 of 1964
Order by the Minister Statutory
Instrument
65 of 1965
1. This Order may be cited as the Town and Country Planning Title
Subdivision Order.
2. This Order shall apply to all land in the Republic to which section Application
4. As from the appointed day all subdivisions in the areas to which this Grant of permission
Order applies shall require the grant of permission for the purposes of
Part V of the Act.
5. (1) An application to the Minister or planning authority, as the case Application for grant of
may be, for any permission required under this Order shall, unless permission
(e) reject the application and state the reasons for the rejection.
(2) The Minister or planning authority shall give not less than fourteen
days' notice to the authority required to be consulted that such an
application is to be taken into consideration and shall not determine the
application until after the expiration of the period mentioned in such
notice and shall, in determining the application, take into account any
representations or objections received from such authority.
8. (1) The Minister or planning authority shall in every case serve Notification to
applicants
notice on the applicant of his or its decision.
(2) The period within which the Minister or planning authority shall
serve notice on the applicant shall be ninety days from the date of receipt
of the application.
9. The Minister or planning authority, as the case may be, shall keep a Register of applications
10. Every register shall contain an index in the form of cards, each card Index to register
to contain the stand, plot, lot or farm number of the property which is the
subject of the application and the road, district and town in which it is
situate, the name and address of the applicant and the registered number
of the application and to be filed by townships in numerical sequence
according to the stand or plot number and by lots or farms in numerical
sequence according to the lot or farm number.
11. Every entry in the register shall be made within seven days of the Entry in register
12. The register shall be kept at the offices of the Minister or the Inspection of register
planning authority, as the case may be, and made available for
inspection by the public during normal hours of official business.
13. Any notice or other document to be served or given under this Notices
SCHEDULE
(Form of advertisement)
(Section 28)
**Not less than twenty-eight days from the date of the first advertisement shall be allowed
for the submission of representations and objections.
Government
SECTION 24-DELEGATION OF POWERS TO CITY Notice
AND 353 of 1962
MUNICIPAL COUNCILS
Notice by the Minister
The functions of the Minister under subsections (1) and (2) of section Statutory Instrument no.
83 of 1993
twenty-five of the Act relating to the grant or refusal of permission to
develop or subdivide land in respect of the areas set out in the First
Schedule to the Act are hereby delegated to the appropriate planning
authorities set out in the said First Schedule, and any liability to pay
compensation under the Act in respect of anything done by any of the
aforementioned planning authorities in exercise of the functions
delegated to it hereunder is hereby transferred to the appropriate
planning authority.
Statutory
Instrument no.
SECTION 24-THE TOWN AND COUNTRY PLANNING 83 of 1993
(DELEGATION OF FUNCTIONS) ORDER
1. This Order may be cited as the Town and Country Planning Title
2. The functions of the Minister under section twenty-five of the Town Delegation
Cap. 204
and Country Planning Act, in so far as these powers relate to the grant or
refusal of permission to subdivide for agricultural purposes agricultural
land situated outside areas subject to a development plan or approved
development plan are hereby delegated to the National Environmental
Council established under the Environmental Protection and Pollution
Control Act, 1990 and any liability to pay compensation under the Town
and Country Planning Act in respect of anything done by the National
Environmental Council in exercise of the functions delegated to it
hereunder is hereby transferred to the National Environmental Council.
Government
SECTION 24-DELEGATION OF POWERS TO THE Notice
NORTHERN PLANNING AUTHORITY 356 of 1962
The functions of the Minister under subsections (1) and (2) of section
twenty-five of the Act relating to the grant or refusal of permission to
develop or subdivide land, except where they are otherwise delegated, in
respect of the Luapula Province, the Northern Province and the
North-Western Province are hereby delegated to the Northern Planning
Authority.
Government
SECTION 24-DELEGATION OF POWERS TO THE Notice
SOUTHERN PLANNING AUTHORITY 357 of 1962
The functions of the Minister under subsections (1) and (2) of section
twenty-five of the Act relating to the grant or refusal of permission to
develop or subdivide land, except where they are otherwise delegated, in
respect of the Southern Province, the Central Province and the Eastern
Province are hereby delegated to the Southern Planning Authority.
Government
SECTION 24-DELEGATION OF POWERS TO THE Notice
CITY OF LUSAKA 259 of 1963
PLANNING AUTHORITY
The functions of the Minister under subsections (1) and (2) of section
twenty-five of the Act relating to the grant or refusal of permission to
develop or subdivide land in respect of Handsworth Park are hereby
delegated to the City of Lusaka Planning Authority, and any liability to
pay compensation under the Act in respect of anything done by the City
of Lusaka Planning Authority in exercise of the functions delegated to it
hereunder is hereby transferred to the City of Lusaka Planning
Authority.
Statutory
SECTION 24-DELEGATION OF POWERS TO THE Instrument
CITY OF LUSAKA 346 of 1965
PLANNING AUTHORITY
Notice by the Minister
The functions of the Minister under subsections (1) and (2) of section
twenty-five of the Act relating to the grant or refusal of permission to
develop or subdivide land in respect of the planning area of the Lusaka
Rural Development Plan are hereby delegated to the City of Lusaka
Planning Authority, and any liability to pay compensation under the Act
in respect of anything done by the City of Lusaka Planning Authority in
exercise of the functions delegated to it hereunder is hereby transferred
to the City of Lusaka Planning Authority.
Statutory
Instrument
SECTION 24-DELEGATION OF POWERS TO THE 320 of 1967
CITY OF KITWE PLANNING AUTHORITY
The functions of the Minister under subsections (1) and (2) of section
twenty-five of the Act relating to the grant or refusal of permission to
develop or subdivide land in respect of the planning areas shown on
Plan No. TP/203/10 are hereby delegated to the City of Kitwe Planning
Authority, and any liability to pay compensation under the Act in
respect of anything done by the City of Kitwe Planning Authority in
exercise of the functions delegated to it hereunder is hereby transferred
to the City of Kitwe Planning Authority.
Statutory
SECTION 24-DELEGATION OF POWERS TO THE Instrument
CITY COUNCIL 76 of 1971
OF KITWE
The functions of the Minister under subsections (1) and (2) of section
twenty-five of the Act relating to the grant or refusal of permission to
develop or subdivide land in respect of those areas on Plan No. T76/7
which are in excess of the area described in the Schedule to the City of
Kitwe (Area) Order, 1967 (Statutory Instrument No. 15 of 1967) are
hereby delegated to the City Council of Kitwe, and any liability to pay
compensation under the Act in respect of anything done by the City
Council of Kitwe in exercise of the functions delegated to it are hereby
transferred to the City Council of Kitwe, and any delegation made in
respect of the said area to any other planning authority prior to the date
hereof is hereby revoked.
Statutory
SECTION 24-DELEGATION OF POWERS TO THE Instrument
CITY COUNCIL OF NDOLA 77 of 1971
The functions of the Minister under subsections (1) and (2) of section
twenty-five of the Act relating to the grant or refusal of permission to
develop or subdivide land in respect of those areas on Plan No. T122/7
which are in excess of the area described in the Schedule to the
Variation of Ndola Municipal Boundaries (Government Notice No. 468
of 1964) are hereby delegated to the City Council of Ndola, and any
liability to pay compensation under the Act in respect of anything done
by the City Council of Ndola in exercise of the functions delegated to it
are hereby transferred to the City Council of Ndola, and any delegation
made in respect of the said area to any other planning authority prior to
the date hereof is hereby revoked.
Government
SECTION 24-DELEGATION OF POWERS TO THE Notice
CHINGOLA PLANNING AUTHORITY 378 of 1963
The functions of the Minister under subsections (1) and (2) of section
twenty-five of the Act relating to the grant or refusal of permission to
develop or subdivide land in respect of the planning area of the Chingola
Development Plan No. 2 are hereby delegated to the Chingola Planning
Authority, and any liability to pay compensation under the Act in
respect of anything done by the Chingola Planning Authority in exercise
of the functions delegated to it hereunder is hereby transferred to the
Chingola Planning Authority.
Statutory
SECTION 24-DELEGATION OF POWERS TO THE Instrument
MUNICIPAL COUNCIL OF CHINGOLA 75 of 1971
Government
SECTION 24-DELEGATON OF POWERS TO THE Notice
LUANSHYA PLANNING AUTHORITY 108 of 1964
The functions of the Minister under subsections (1) and (2) of section
twenty-five of the Act relating to the grant or refusal of permission to
develop or subdivide land in respect of the planning area of the
Luanshya Development Plan No. 3 are hereby delegated to the
Luanshya Planning Authority, and any liability to pay compensation
under the Act in respect of anything done by the Luanshya Planning
Authority in exercise of the functions delegated to it hereunder is hereby
transferred to the said Luanshya Planning Authority.
Statutory
SECTION 24-DELEGATION OF POWERS TO THE Instrument
MUNICIPAL COUNCIL OF LUANSHYA 74 of 1971
Notice by the Minister
The functions of the Minister under subsections (1) and (2) of section
twenty-five of the Act relating to the grant or refusal of permission to
develop or subdivide land in respect of those areas on Plan No. T82/7
which are in excess of the area described in the Schedule to the
Variation of Luanshya Municipal Boundaries (Government Notice No.
247 of 1964) are hereby delegated to the Municipal Council of
Luanshya, and any liability to pay compensation under the Act in
respect of anything done by the Municipal Council of Luanshya in
exercise of the functions delegated to it are hereby transferred to the
Municipal Council of Luanshya, and any delegation made in respect of
the said area to any other planning authority prior to the date hereof is
hereby revoked.
Government
SECTION 24-DELEGATION OF POWERS TO THE Notice
MUFULIRA PLANNING AUTHORITY 323 of 1963
Notice by the Minister
The functions of the Minister under subsections (1) and (2) of section
twenty-five of the Act relating to the grant or refusal of permission to
develop or subdivide land in respect of the planning area of the Mufulira
Development Plan No. 2 are hereby delegated to the Mufulira Planning
Authority, and any liability to pay compensation under the Act in
respect of anything done by the Mufulira Planning Authority in exercise
of the functions delegated to it hereunder is hereby transferred to the
Mufulira Planning Authority.
Statutory
SECTION 24-DELEGATION OF POWERS TO THE Instrument
MUNICIPAL COUNCIL OF MUFULIRA 73 of 1971
Notice by the Minister
The functions of the Minister under subsections (1) and (2) of section
twenty-five of the Act relating to the grant or refusal of permission to
develop or subdivide land in respect of those areas on Plan No. T77/11
which are in excess of the area described in the Schedule to the
Municipality of Mufulira (Area) Order, 1969 (Statutory Instrument No.
144 of 1969) are hereby delegated to the Municipal Council of Mufulira,
and any liability to pay compensation under the Act in respect of
anything done by the Municipal Council of Mufulira in exercise of the
functions delegated to it are hereby transferred to the Municipal Council
of Mufulira, and any delegation made in respect of the said area to any
other planning authority prior to the date hereof is hereby revoked.
Government
SECTION 39-THE TOWN AND COUNTRY PLANNING Notice
(CLAIM FOR COMPENSATION) REGULATIONS 362 of 1962
Statutory
Instrument
65 of 1965
1. These Regulations may be cited as the Town and Country Planning Title
2. These Regulations shall apply to all claims for compensation made Application
under the provisions of Part VI of the Act.
4. Any person wishing to make a claim for compensation under the Making of claim
5. Any claimant submitting a claim for compensation under the Period within which
claim may be made
provisions of regulation 4 shall do so within six months of the date of the
planning decision to which the claim relates:
writing-
(a) to provide evidence (which may include a statutory declaration)
in connection with any particulars required to be supplied by the form
set out in the Schedule;
(b) to provide further information as to his interest in the land to
which the claim relates; or
(c) to provide further information as to the interests of any other
persons;
the claimant shall furnish to the Minister or planning authority, as the
case may be, such evidence or information as is available to him within
such period (not being less than twenty-eight days) as may be specified
in the direction.
7. (1) Where the Minister has not transferred under the provisions of Where planning
authority is not liable
subsection (2) of section twenty-four of the Act to a planning authority for compensation
any liability to pay compensation under the Act in respect of anything
done by that authority in the exercise of functions delegated to it under
the provisions of subsection (1) of the said section, the planning
authority shall forthwith forward a claim for compensation by registered
post to the Minister, together with particulars of the application for
planning permission and a copy of the planning decision, or a copy of
any notice served under the provisions of subsection (2) of section
thirty-one of the Act.
(2) If no notice of appeal has been given to the Tribunal in respect of the
matter which is the subject of the claim for compensation, such planning
authority shall, within twenty-eight days from the date of forwarding the
claim, notify in writing the Minister as to any more favourable decision
or permission for alternative development or subdivision or
requirements in an order made under the provisions of subsection (2) of
section thirty-one of the Act which could in its opinion be given or
made.
8. If the claimant does not accept the amount of compensation as Non- agreement of
compensation
determined by the Minister or planning authority, the amount of Cap. 27
compensation shall be determined by the High Court and for this
purpose either the claimant or the Minister or planning authority may
apply to the High Court for an originating summons in accordance with
the provisions of the High Court Act.
SCHEDULE
(Regulation 4)
PRESCRIBED FORM
THE TOWN AND COUNTRY PLANNING ACT
If you have a professional adviser or agent to whom you wish communications regarding your claim to be se
his name, address and profession here.
Name .................................
Address
...................................
Profession ...................................
1. (i) Address and description of the land to which your claim relates.
(You should enclose a map sufficient to identify the boundaries of the
land.)
(ii) What is your interest in the land and when did you acquire it?
(State whether freehold or leasehold and if the latter give details of the
lease, period unexpired and rent payable.)
(iii) In which capacity do you claim (e.g. beneficial owner, trustee,
mortgagee, etc.)?
1. These Regulations may be cited as the Town and Country Planning Title
4. (1) All applications for planning permission shall be made on forms Planning permission
issued by the Minister or planning authority, as the case may be, and
shall include such particulars and shall be accompanied by such plans
and drawings as may be required by the directions printed on the forms.
be.
(3) For the avoidance of doubt an application for permission to Forms and notices
7. The Minister may at any time require copies of all or any decisions Minister may require
copies of decisions
to be submitted to him whether in respect of development or subdivision
and if so required a planning authority shall comply with such
requirements.
SCHEDULE
(Regulation 6)
PRESCRIBED FORMS
D/
FORM T. & C.P. 1 Registered
number of
application
SUBMISSION OF PLANS
1. All plans and drawings to be signed on every sheet by the applicant or his agent and to be
drawn in permanent ink or reproduced in a clear and intelligible manner on suitable
material, one copy to be on linen or other equally durable material.
2. This form, duly completed, and all plans and drawings to be submitted in duplicate
unless otherwise directed.
NOTES
1. This application is for permission under the Town and Country Planning Act and does
not absolve the applicant from obtaining any other consent under any law, by-law,
regulation, State Lease agreement, etc., that may be required.
2. The planning authority reserves the right to require any further information or additional
copies of plans and drawings as it may consider necessary.
(No. 96 of 1964 as amended by No. 65 of 1965)
______________
S/
FORM T. & C.P. 2 Registered
number of
application
11. State-
(a) the total area of land affected and the area and
number of proposed stands
for-..........................................(a)
(b) residential purposes ........................ (b)
(c) commercial purposes ...................... (c)
(d) industrial purposes .......................... (d)
(e) public purposes ............................... (e)
(f) any other purposes .......................... (f)
SUBMISSION OF PLANS
1. All plans and drawings to be signed on every sheet by the applicant or his agent and to be
drawn in permanent ink or reproduced in a clear and intelligible manner on suitable
material, one copy to be on linen or other equally durable material.
2. This form, duly completed, and all plans and drawings to be submitted in duplicate.
3. If a survey diagram is to be submitted to the Surveyor-General under section 21 of the
Land Survey Act three copies of the plans should be submitted.
Estate Layout Plan as for the Subdivision Plan, with the following additional information:
(d) the line of any water-courses, dambos, water mains, drains, sewers, underground or
overhead cables on the land;
(e) the proposed layout of roads within the estate including all drains, culverts and
stormwater drainage;
(f) the proposed water reticulation, sewerage and electricity systems showing the
source and method of servicing the individual stands;
(g) the surface contours at ten-foot vertical intervals;
(h) reservations for public utility services and other public purposes.
NOTES
1. This application is for permission under the Town and Country Planning Act and does
not absolve the applicant from obtaining any other consent under any law, by-law,
regulation, State Lease agreement, etc., that may be required.
2. The planning authority reserves the right to require any further information or additional
copies of plans and drawings as he or it may consider necessary.
(No. 96 of 1964 as amended by No. 65 of 1965)
S/ (for subdivision)
FORM T. & C.P. 3 Registered
number of D/ (for development)
application
SUBMISSION OF PLANS
1. All plans and drawings to be signed on every sheet by the applicant or his agent and to
be drawn in permanent ink or reproduced in a clear and intelligible manner on suitable
material, one copy to be on linen or other equally durable material.
2. This form, duly completed, and all plans and drawings to be submitted in duplicate.
13. If the building is to be used wholly or partly for commercial or industrial purposes
state-
(a) area of land affected ................ (a)
(b) the provision to be made for loading and
unloading of vehicles .. ........................ .. (b)
If for industrial use-
(c) the type of process to be carried on (c)
(d) the nature and means of disposal of trade
refuse or trade effluent ........................... (d)
(e) whether it is proposed to conduct retail
or wholesale sales on the premises ........ (e)
14. Except in the case of a dwelling-house state what facilities for parking of vehicles are to
be provided.
SUBMISSION OF PLANS
1. All plans and drawings to be signed on every sheet by the applicant or his agent and to
be drawn in permanent ink or reproduced in a clear and intelligible manner on suitable
material, one copy to be on linen or other equally durable material.
2. This form, duly completed, and all plans and drawings to be submitted in duplicate
unless otherwise directed.
PLANS AND DRAWINGS REQUIRED
Site Plan: To an appropriate scale sufficient to identify the site showing the land to which
this application relates edged red and any adjoining land in the same ownership edged blue.
Block Plan: To scale of not less than one inch to fifty feet, showing-
(a) the boundaries of the land and any adjoining stand and any road fronting or
adjoining these stands and its name and width;
(b) the position of any existing or proposed building on the land;
(c) the position of any existing or proposed boreholes, septic tanks, cesspits, or
cesspools, drains or sewers or other sewage disposal plant on the land;
(d) the position, width and gradient of any existing or proposed means of access to any
road from the land;
(e) in the case of commercial development the height of any canopy, window head or
parapet on the proposed building and on any adjoining building in relation to the pavement
or road level.
Building Plans: To a scale of not less than one-eighth inch to one foot, showing-
(a) the plan of each floor and the proposed use of each floor;
(b) the elevation of all sides of the building;
(c) the levels of the land and the ground floor in relation to the level of any adjoining or
adjacent road.
NOTES
1. This application is for permission under the Town and Country Planning Act and does
not absolve the applicant from obtaining any other consent under any law, by-law, State
Lease agreement, etc., that may be required.
2. The planning authority reserves the right to require any further information or
additional copies of plans and drawings as it may consider necessary.
(No. 347 of 1966)
______________
A/
FORM T. & C.P. 5 Registered
number of
application
Cap. 293
PLANS REQUIRED
Layout or Subdivision Plan to scale appropriate to the area of the holding to which this
application relates showing-
(a) the farm to be subdivided in relation to adjoining farms and the farm numbers with
names of owners;
(b) the boundaries of the farm to be subdivided and the boundaries of each proposed
subdivision;
(c) the existing public and farm roads serving the farm;
(d) the location of all residential and farm buildings on the farm;
(e) all water supply points and weirs or streams on or ad acent to the farm;
(f) fence lines;
(g) all arable land.
NOTES
1. This application is for permission to subdivide under the Town and Country Planning
Act and does not absolve the applicant from obtaining any other consent that may by law be
required.
2. (1) An application in principle only subject to the subsequent approval of the Natural
Resources Board to the details of the proposed uses of any subdivision before the
subdivision is effected may be made in the first instance.
(2) An applicant who wishes to submit such an application should indicate clearly the
fact by adding the words "IN PRINCIPLE ONLY" at the top of this form.
3. The Natural Resources Board reserves the right to require any further information or
additional copies of plans which it may consider necessary.
SUBMISSION OF PLANS
1. All plans and diagrams to be signed on every sheet by the applicant or his agent and to
be drawn or reproduced in a clear and intelligible manner on suitable and durable material.
2. This form duly completed in duplicate and all plans in quadruplicate to be submitted to
the Natural Resources Board.
I/
FORM T. & C.P. 6 Registered
number of
application
Date of
receipt.............................................................
............
NOTES
1. One copy of this form and one copy of such plans and drawings as the applicant
considers necessary to be submitted.
2. The Minister or planning authority has the right to require further information or
additional copies of the plans and drawings as he or it may consider necessary.
FORM T. & C.P. 7 Registered
number of
application
To: .........................................
................................................
................................................
Your application numbered as above in respect of
situate in Road ....................................
was received in this office on and you will be
notified in due course of the decision of the Planning Authority.
Signed
for
(No. 96 of 1964)
______________
FORM T. & C.P. 8 Registered
number of
application
To: .........................................
................................................
................................................
Your application numbered as above, submitted on
for permission/permission in principle to
on situate in .............................................
Road has been ..............................................................
on the by the...................................................................
for the following reason\subject to the following conditions:
Date Signed.............................................................
.............................................................
(To be printed in duplicate)
Cap. 293
NOTES
1. In the case of subdivision approvals where the records of the subdivisional survey
required by sections 10 (1) and 21 of the Land Survey Act are not lodged with the
Surveyor-General within the period stated in the approval, such approval shall be deemed
to be cancelled.
2. If the applicant is aggrieved by the decision of the planning authority to refuse
permission for the proposed development or subdivision or to grant permission subject to
conditions, he may, by notice served within twenty-eight days of the receipt of this
notification or such longer period as the Town and Country Planning Tribunal in writing
may agree, appeal to the Tribunal in terms of section 29 of the Act.
3. The Tribunal shall not be required to entertain an appeal under the aforesaid section 29
in respect of the determination of an application for permission to develop or subdivide
land if it appears to the president or the vice-president of the Tribunal that permission or
approval for that development or subdivision could not have been granted otherwise than
subject to the conditions imposed, having regard to the provisions of section 25 of the Act
and of the appropriate development or subdivision order and to any directions given under
such order.
4. In certain circumstances a claim may be made against the Minister or planning
authority for compensation or acquisition of the land affected where permission or approval
is refused or granted subject to conditions. The circumstances in which such compensation
is payable or acquisition of land may be required are set out in Part VI of the Act.
(No. 96 of 1964)
______________
FORM T. & C.P. 9 Registered
number of
application
NOTIFICATION OF DETERMINATION
To: .........................................
................................................
................................................
Your application numbered as above submitted on
................................... .........for the determination whether the operation or change in use of
land on.
...............................................situate in Road ................................................
would constitute or involve development was considered on
It has been determined that the said operation/change in use
.............................................require an application to be submitted for planning permission
in respect thereof.
Signed
PART I
PRELIMINARY
Regulation
1. Title
2. Application
3. Interpretation
4. Scale of map
PART II
FORM AND CONTENT OF
DEVELOPMENT PLANS
5. General description
6. Land utilisation map
7. Public utilities map
8. Written analysis
9. Basic map
10. Designation map
11. Comprehensive development map
12. Written statement
13. Written document
14. Titles of maps and documents
15. Reconcilation of maps and documents
PART III
PROCEDURE FOR THE
SUBMISSION AND APPROVAL
OF
DEVELOPMENT PLANS
16. Submission of development plans to Minister
17. Requirements in case of amendments to maps and documents
18. Notice of submission of development plan
19. Approval or rejection of development plan
20. Certificates
Regulation
21. Revocation of approval development plan
22. Access to development plan
23. Publication of approved developments plan
Government
SECTION 53-THE TOWN AND COUNTRY PLANNING Notice
(DEVELOPMENT PLANS) REGULATIONS 363 of 1962
Statutory
Regulations by the Minister Instruments
65 of 1965
323 of 1968
336 of 1969
58 of 1976
180 of 1979
PART I
PRELIMINARY
1. These Regulations may be cited as the Town and Country Planning Title
the Minister under the provisions of Parts III and IV of the Act.
"planning area" means the area specified by statutory notice for which
an order to prepare a development plan has been made and shall include
or exclude any additions or exclusions to the area of a development plan
specified by statutory notice;
4. (1) Every map comprised in a development plan shall include a key Scale of map
(2) Except where otherwise provided, the following scales shall be used
for maps comprised in a development plan:
(3) The Minister may, in any particular case, direct or approve a scale
for any map comprised in a development plan which differs from the
scale prescribed for that map in this regulation.
PART II
FORM AND CONTENT OF
DEVELOPMENT PLANS
5. (1) Except where otherwise provided in sub-regulations (2) and (3), a General description
development plan shall consist of a report of the survey and a basic map
showing the manner in which land may be used and the stages by which
any development may be carried out and such other maps and
documents as may be appropriate under the succeeding provisions of
these Regulations.
6. The report of survey shall include a map to be known as a land Land utilisation map
utilisation map showing the existing use of land and buildings in respect
of such of the items specified in Part I of the First Schedule as may be
appropriate to the area to which the particular map relates and the date
on which it was prepared.
7. The report of survey shall include a map to be known as a public Public utilities map
8. The report of survey shall also include a document to be known as a Written analysis
written analysis which shall contain such of the items, in that order,
specified in Part I of the First Schedule as may be appropriate to the area
to which the particular document relates and may include such other
information as the planning authority considers necessary to support its
planning proposals.
(As amended by S.I. No. 58 of 1976)
9. (1) The basic map shall be a map indicating the manner in which it is Basic map
(4) Nothing in sub-regulations (2) and (3) shall in any way detract from
the rights of any owner of land under the provisions of section forty-one
of the Act.
(5) The basic map shall also show the stages by which development
may be carried out by classifying that development which may be likely
to be carried out within a period of five years immediately following the
submission of the development plan to the Minister for immediate use
and that development which may be likely to be carried out in the
subsequent period of five years.
(6) The basic map shall also show the road layout for development for
the two five year periods specified in sub-regulation (5) and the main
road framework for the subsequent period of twenty years and at the end
of each period of five years the road layout for development during the
next subsequent period of ten years shall be shown by means of a
modification to the approved development plan.
(As amended by No. 336 of 1969 and No. 58 of 1976)
10. A development plan which designates any land as subject to Designation map
11. (1) A development plan which defines any area as an area of Comprehensive
development map
comprehensive development shall define such area on a map to be
known as a comprehensive development map and such map shall show
particulars and proposals for development or redevelopment in respect
of such of the items specified in Part I of the First Schedule as may be
appropriate to the area.
12. Every development plan shall contain a document to be known as a Written statement
13. Every development plan shall contain a document to be known as a Written document
written document and such document shall include provisions for the
control of such of the items specified in the Second Schedule to the Act
as may be included in the development plan.
14. The maps and documents referred to in this Part shall be identified Titles of maps and
documents
on the face by the titles thereby conferred on them.
15. In the case of any contradiction in respect of any land to which a Reconciliation of maps
and documents
development plan relates between the particulars or proposals shown on
one map comprised in the development plan and those shown on another
or other such maps, the map which is to a larger scale shall, if those
particulars or proposals are required by these Regulations to be shown
thereon, prevail, and in the case of any contradiction between the maps
included in the development plan and a document, the document shall
prevail, and in the case of any contradiction between a symbol and a
colour denoting a zone, reservation or use, the symbol shall prevail.
PART III
PROCEDURE FOR THE
SUBMISSION AND APPROVAL
OF DEVELOPMENT PLANS
16. A development plan shall be prepared in duplicate, each duplicate Submission of
development plans to
being certified by or on behalf of the planning authority by the person Minister
authorised so to do by a resolution of that planning authority. One
duplicate shall be submitted to the Minister together with a certified
copy thereof and a certificate that the provisions of subsection (5) of
section sixteen and section nineteen of the Act have been complied with.
17. Any alteration, deletion, addition or other amendment to any map Requirements in case of
amendments to maps
or document forming part of a development plan shall be signed by or on and documents
behalf of the planning authority by the person authorised so to do by a
resolution of that planning authority or the Minister, as the case may be,
and if not so signed shall not prevail.
18. When a development plan is submitted to the Minister, the Notice of submission of
development plan
planning authority shall forthwith give public notice of the submission
in the form set out in Part I of the Second Schedule.
19. (1) Where the Minister approves with or without modification a Approval or rejection of
development plan
development plan submitted to him in accordance with these
Regulations, he shall so certify the duplicate and the certified copy and
return the certified copy to the planning authority which shall forthwith
give public notice of the approval in the form set out in Part II of the
Second Schedule.
(2) Where the Minister rejects a development plan, he shall return the
certified copy to the planning authority giving reasons for the rejection
and the planning authority shall forthwith give public notice of the
rejection.
20. (1) The planning authority shall submit as soon as possible to the Certificates
(2) When the Minister has notified the planning authority of his
approval with or without modification or his rejection of the
development plan, the planning authority shall, within seven days of the
giving of any public notice or the serving of any notice required to be
given or served in accordance with the provisions of section twenty-one
of the Act, submit to the Minister a certificate that the provisions of the
said section twenty-one have been complied with.
21. For the purposes of regulations 17, 18, 19 and 20, a development Revocation of approved
development plan
plan shall be deemed to include a proposal for revocation of an approved
development plan.
22. (1) Before a development plan is submitted to the Minister, the Access to development
plan
planning authority shall make available at its offices any information
regarding its proposals for the development of the area covered by the
development plan that may reasonably be required to be known by any
person intending to develop or subdivide land.
23. As soon as possible after the approval by the Minister of a Publication of approved
developments plan
development plan, the planning authority shall arrange for the printing
or reproduction and publishing of the basic map, any designation map
and any comprehensive development map, the written statement and the
written document and shall make available printed copies thereof for
sale to the public at a reasonable cost.
APPENDIX
FIRST SCHEDULE
PARTICULARS AND PROPOSALS TO BE INCLUDED IN THE
VARIOUS MAPS AND
DOCUMENTS FORMING THE DEVELOPMENT PLAN
PART I
colour
(c) Navigable waterway ...... TW.................................... Blue 1
Channel........................... _ _ _ _ _ _ _ _
Dock area........................ ......................................... Red purple 1.1
(d) Airport, airfield, airstrip TA.................................... Green brown 1
6. Communications............. C Brown 1.1
Radio or telegraph station ... CR
Television station ................ CTU
Telephone exchange............ CT
7. Residential ..................... R .................................... Yellow 2.1
Semi-detached house........... RSD
Terraced houses................... RT
Flats ..................................... RS
Unauthorised settlement...... RUS
Site and service scheme ...... RSS
Traditional village ............... RV
Hotel.................................... RH
Rest house ........................... RRH
Hostel .................................. RHO
8. Industrial ....................... F .................................... Red purple 1.1
Light industry ...................... FL
Heavy industry .................... FH
Special industry................... FS
Warehousing ....................... FW
(Regulation 8)
WRITTEN ANALYSIS
Estimated Estimated
At time of survey 19....
Index Number of At end of first stage 19....
area primarily
for residential Gross Gross
use Gross
acreage
density/ Gross density/
Population acre acreage Population acre
1.
2.
3.
Total in residential areas
Areas not primarily allocated
for residential use.
Total
Table 2 DISTRIBUTION OF SHOPS
Non-local .....................
Secondary....................
Other
schools...............
Table 5 DISTRIBUTION OF INDUSTRY
Light:
Serviced
Unserviced
General:
Serviced
Unserviced
Special:
Serviced
Unserviced
Table 6 EMPLOYMENT SUMMARY
Sub-total
2. Manufacture:
Chemicals..
Metals..
Non-metals..
Engineering
Vehicles
Textiles
Clothing
Food, drink, tobacco
Timber
Printing
Other manufactures
Sub-total
3. Service:
Central and Local
Government
Building and contracting
Electricity, water
Transport
Distributive
Professional, banking,
etc.
Miscellaneous
Sub-total
Total
Table 7 CHANGES IN LAND USE
Acreage of land for At time of survey 19.... At end of plan period 19....
(Regulation 9)
BASIC MAP
(d) Government purpose ..... Thin line inside... Red 2 edging inside
boundaries boundaries
Police camp .. ................. G......................... Green brown 2.1
Prison.............................. G2....................... Yellow brown 2.1
Camp or barracks for ...................... G4 Green brown
2.1
armed services
12. Industrial
(a) Warehousing................... F2 ....................... Purple water colour
Light industry ................. F3 ....................... Red purple 1.1
General industry ............. F4 ....................... Blue purple 1.2
Special or offensive industry......................... F5 Edged and
hatched
blue purple 1.2
(b) Deferred warehousing F2D Outer edge of F inch
purple water colour
border
Deferred light industry ... F3D..................... Outer edge of F inch
red purple 1.1 border
Deferred general industry ............................ F4D Outer edge of F
inch
blue purple 1.2 border
Deferred special or ......... F5D..................... Hatched blue purple
offensive industry 1.3
PART V
(Regulation 10)
DESIGNATION MAP
Use Symbol Colour
PART VI
(Regulation 11)
The symbols and colours to be used shall be the same as specified for
a land utilisation map in Part I and for a basic map in Part IV.
SECOND SCHEDULE
PRESCRIBED FORMS
PART I
(Regulation 18)
Any interested person who wishes to make any representation in connection with or
objection to the above Development Plan may send such representations or objections in
writing to be received by the Minister of Provincial and Local Government, P.O. Box RW,
27, Lusaka, not later than the ................. day of ......................and any such representation
or objection shall state the grounds on which it is made.
Any person sending such representation or objection to the Minister of Provincial and
Local Government shall send a copy thereof to be received by the
Planning Authority not later than the ..................day of
Dated this ................................... (Signed)
day of ......................................... for . Planning Authority
PART II
(Regulation 19)
Any person wishing to do so may purchase copies of the Basic Map, (2) the
Map, the Written Statement and
the Written Document on application to the Planning Authority.
Dated this ....................................... (Signed)
day of .............................................. for Planning Authority
NOTES
(1) Insert the name and address of any local or township authority affected by the
Development Plan.
(2) Insert any Comprehensive Development Map.
Government
SECTION 53-THE TOWN AND COUNTRY PLANNING Notice
(ENFORCEMENT NOTICES) REGULATIONS 361 of 1962
Statutary
Regulations by the Minister Instrument
65 of 1965
1. These Regulations may be cited as the Town and Country Planning Title
4. An enforcement notice shall be in the form set out in Part I or Part II Form of enforcement
notice
of the Schedule.
5. (1) The Minister or planning authority, as the case may be, shall keep Register
(a) the name and address of the person on whom the enforcement
notice is served, the stand, plot, lot or farm number of the property
affected and the road, district and the town in which it is situate, the
number of the enforcement notice, the date of any approval by the
Minister of the enforcement notice, the date of service of the
enforcement notice and brief particulars of the nature of the enforcement
notice;
(d) the date and effect of any decision of the High Court in respect of
an appeal against the determination of the Tribunal;
(e) the date and brief particulars of any action taken by the person
on whom the enforcement notice is served to satisfy the conditions
therein and whether or not he has complied with the enforcement notice;
(f) the date and effect of any action taken by the planning authority
to enforce the notice.
6. Every register shall contain an index in the form of cards, each card Index to register
to contain the stand, plot, lot or farm number of the property affected
and the road, district and town in which it is situate, the name and
address of the person on whom the enforcement notice is served and the
registered number of the enforcement notice, and to be filed by
townships in numerical sequence according to the stand or plot number
and by lots or farms in numerical sequence according to the lot number
or farm number.
7. Every entry in the register shall be made within seven days of the Entry in register
8. The register shall be kept at the office of the Minister or planning Inspection of register
authority, as the case may be, and made available for inspection by the
public during normal hours of official business.
SCHEDULE
(Regulation 4)
PRESCRIBED FORMS
PART I
ENFORCEMENT NOTICE THE TOWN AND COUNTRY PLANNING ACT
(Section 31 (1))
To
1. *It appears that the development/subdivision of land as described hereunder has been
carried out after the 16th November, 1962, without the grant of permission required in that
behalf under Part V of the Town and Country Planning Act.
1. *It appears that the following condition/s
1. These Regulations may be cited as the Town and Country Planning Title
(a) in any area in respect of which there is an order, made under the
provisions of the Act, to prepare a development plan; and
(b) in any area subject to an approved development plan; and
(c) in such areas as are within a distance of twenty miles from the
boundaries of any area mentioned in paragraph (a) or (b); and
(d) in such other areas as may be specified by the Minister by
statutory notice.
"office" includes a bank, but does not include a post office or betting
office;
"shop" means a building used for the carrying on of any retail trade or
retail business wherein the primary purpose is the selling of goods by
retail, and includes a building used for the purposes of a hairdresser,
undertaker or ticket agency or for the reception of goods to be washed,
cleaned or repaired, or for any other purpose appropriate to a shopping
area, but does not include a building used as a funfair, repair garage or
garage, petroleum filling station, office, betting office, or hotel or
premises (other than a restaurant) licensed for the sale of intoxicating
liquors for consumption on the premises;
4. (1) Where a building or land is used for a purpose described in any Use groups
group specified in the Schedule, the use of such building or land for any
other purpose described in the same group shall not be deemed for the
purposes of the Act to involve development.
USE GROUPS
Group 1. Use as a board or guest house, a residential club or an hotel providing sleeping
accommodation.
Group 2. Use as a residential or boarding school or a residential college.
Group 3. Use as a building for public worship or religious instruction or for the social or
recreational activities of the religious body using the building.
Group 4. Use as a home or institution providing for the boarding, care and maintenance of
children, old people or persons under disability, a convalescent home, a nursing home, a
sanatorium or a hospital (other than a hospital, home, hostel or institution included in
Group 7).
Group 5. Use (other than residentially) as a health centre, a school treatment centre, a clinic
or a dispensary or use as a consulting room or surgery unattached to the residence of the
consultant or practitioner.
Group 6. Use as a creche, a day nursery or a non-residential school for children.
Group 7. Use as a hospital; home or institution for persons suffering from mental disorder
or epileptic persons, or a home, hosted or institution in which persons may be detained by
order of a court or which is approved by Government for persons residing there under a
requirement of a probation or supervision order.
Group 8. Use as an art gallery (other than for business purposes), a museum, a public
library, a concert hall, an exhibition hall, a non-residential club or a social or community
centre.
Group 9. Use as a non-residential college or technical institute or a Local or Central
Government office.
Group 10. Use as a theatre, a cinema other than a drive-in cinema, a music hall, a swimming
bath, a Turkish or other vapour bath or a gymnasium.
Group 11. Use as a funfair or an amusement hall.
Group 12. Use as a football ground, an athletic ground, a sports ground, a race course or
track, a stadium or a drive-in cinema.
Group 13. Use as a shop for any purpose except as-
(i) a fried fish shop;
(ii) a butcher's shop;
(iii)a shop for the sale of pet animals or birds;
(iv) a shop for the sale of motor vehicles;
(v) a drive-in shop.
Group 14. Use as an office for any purpose.
Group 15. Use as a wholesale warehouse or repository for any purpose (other than the
storage of offensive or dangerous matter).
Group 16. Use as a light industrial building for any purpose.
Group 17. Use as a general industrial building for any purpose.
Group 18. Use for any of the following processes:
(i) smelting, calcining, sintering or reduction of ores, minerals, concentrates or
mattes;
(ii) converting, re-heating, annealing, hardening, melting, carbonising, forging,
rolling or casting of iron or other metals or alloys;
(iii)recovery of metal from scrap, or drosses, or ashes;
(iv) galvanising;
(v) pickling or treatment of metal in acid;
(vi) chromium plating.
Group 19. Use for any of the following processes so far as not included in Group 18 and
except a process ancillary to the getting, dressing or treatment of minerals, carried on, in or
adjacent to a quarry or mine:
(i) the burning of building bricks;
(ii) the burning of lime and dolomite;
(iii)the production of coke;
(iv) the production of calcium carbide, zinc oxide or sulphur chloride;
(v) the foaming, crushing or screening of stone or slag.
Group 20. Use for any of the following processes so far as not included in Group 18:
(i) the production or employment of cyanogen or its compounds;
(ii) the manufacture of glass where the sodium sulphate used exceeds 1.5 per centum
of the total weight of the melt;
(iii)the production of zinc chloride, liquid or gaseous sulphur dioxide;
(iv) the production of salt-glazed ware;
(v) the production or employment of radio-active minerals.
Group 21. Use for any of the following processes so far as not included in Group 18:
The distilling, refining or blending of oils, the production or employment of cellulose
lacquers (except their employment in repair garages in connection with minor repairs), hot
pitch or bitumen, or pyridine; the stoving of enamelled ware; the production of amylacetate,
aromatic esters, butyric acid, caramel, hexamine, iodoform, B-naphthol, resin products
(except synthetic resins, plastic moulding or extrusion compositions and plastic sheets,
rods, tubes, filaments, fibres or optical components produced by casting, calendering,
moulding, shaping or extrusion), salicylic acid or sulphonated organic compounds,
lampblack, ultramarine; paint and varnish manufacture (excluding mixing, milling and
grinding); the production of rubber from scrap; or the manufacture of acetylene from
calcium carbide for sale or for use in a further chemical process.
Group 22. Use for carrying on any of the following industries, businesses or trades so far as
not included in Group 18:
Animal charcoal manufacturer.
Animal hair cleanser, adapter or treater.
Blood albumen maker.
Blood boiler.
Bone boiler or steamer.
Bone burner.
Bone grinder.
Breeder of maggots from putrescible matter.
Candle maker.
Catgut manufacturer.
Chitterling or nettlings boiler (not carried on as subsidiary to a retail butcher).
Dealer in rags and bones (including receiving, storing, sorting or manipulating rags in
or likely to become in an offensive condition, or any bones, rabbit-skins, fat or
putrescible animal products of a like nature).
Fat melter or fat extractor.
Fellmonger.
Fish curer (not carried on as subsidiary to a fishmonger).
Fish oil manufacturer.
Fish skin dresser or scraper.
Glue maker.
Gutscraper or gut cleaner.
Leather dresser.
Maker of meal for feeding poultry, dogs, cattle or other animals from any fish, blood,
bone, fat or animal offal, either in an offensive condition or subjected to any process
causing noxious or injurious effluvia.
Manufacturer of manure from bones, fish, fish offal, blood, spent hops, beans or other
putrescible animal or vegetable matter.
Parchment or paper maker.
Size maker.
Skin drier.
Soap boiler.
Tallow melter or refiner.
Tanner.
Tripe boiler or cleaner.
Wood pulp manufactuer.
APPROVED SCHEMES
Lilanda 137 of 1958 as amended by 323 of 1959, 315 of 1961 and 100 and
347 of 1962
Statutory
SECTION 24-THE TOWN AND COUNTRY PLANNING Instrument
(DELEGATION OF FUNCTIONS) ORDER 83 of 1993
1. This Order may be cited as the Town and Country Planning Title
2. The functions of the Minister under section twenty-five of the Town Delegation
Act No.
and Country Planning Act, in so far as these powers relate to the grant or 12 of 1990
refusal of permission to subdivide for agricultural purposes agricultural
land situated outside areas subject to a development plan or approved
development plan are hereby delegated to the National Environmental
Council established under the Environmental Protection and Pollution
Control Act, 1990 and any liability to pay compensation under the Town
and Country Planning Act in respect of anything done by the National
Environmental Council in exercise of the functions delegated to it
hereunder is hereby transferred to the National Environmental Council.
Statutory
SECTION 3-THE TOWN AND COUNTRY PLANNING Instrument
(APPLICATION) ORDER 145 of 1993
1. This Order may be cited as the Town and Country Planning Title
(Application) Order
2. The Town and Country Planning Act shall apply to all areas of Application of the Town
and Country Planning
Reserve Land contained within the boundaries or the area described in Act
the Schedule to this Order
SCHEDULE
(Paragraph 2)
CHIRUNDU
CHAPTER 284
THE LOCAL AUTHORITIES SUPERANNUATION
FUND ACT
ARRANGEMENT OF SECTIONS
ART I
PRELIMINARY
Section
1. Short title
2. Interpretation
3. Continuous service
PART II
ESTABLISHMENT OF FUND AND MANAGEMENT
COMMITTEE
4. Establishment of Fund
5. Establishment of Committee
PART III
FINANCE AND MANAGEMENT
6. Transfer of assets
7. Property of Fund
8. Application of Fund
9. Appointment of actuary and officers
10. Actuarial valuation of Fund
11. Accounts and audit
12. Investment of Fund and guarantee of interest
PART IV
MEMBERSHIP OF FUND
PART V
CONTRIBUTIONS TO FUND
Section
19. Contributions by members
20. Method of payment of members' contributions
21. Contributions by local authorities
22. Contributions whilst on leave
23. Probationary service
24. Reduction of emoluments
PART VI
RETIREMENTS AND BENEFITS
PART VII
MISCELLANEOUS
PART I
PRELIMINARY
1. This Act may be cited as the Local Authorities Superannuation Fund Short title
Act.
"annuity" means an annual sum payable out of the Fund during the
lifetime of a member or of the widow of a member;
"appointed day" means the date fixed under the provisions of section
four;
(a) any of the following persons whose name has been notified to
the Committee in writing by such member:
(b) where such member has not so notified the Committee of the
name of any such person or where there is no person surviving whose
name has been so notified to the Committee-
"financial year" means the period between the 1st January in any year G.N. No. 314 of
and the 31st December next following, both dates included; 1954
PART II
4. As from 1st May 1963 after consultation with the Inaugural Establishment
Committee, there shall be established and maintained a Fund, to be of Fund G.N.
known as the Local Authorities Superannuation Fund, which shall be 100 of 1963
vested in the Committee and of which the Committee shall, subject to
the provisions of this Act, have the sole management and control.
5. (1) There shall be established a Board to be known as the Board of Establishment
the Local Authorities Superannuation Fund, which shall be a body of Committee
corporate with perpetual succession and a common seal, capable of
suing and being sued in its corporate name, and with power to acquire,
hold, charge and alienate property, real or personal, and, subject to the
provisions of this Act, with power to do all such acts or things as are
necessary for or incidental to the performance of the duties and the
exercise of the powers imposed or conferred by or under the provisions
of this Act.
PART III
6. All property, real or personal, and all the rights and liabilities of the Transfer of
existing fund, and all property, real or personal, held by any person on assets
behalf of the existing fund, shall, on the appointed day, vest in the
Committee without any conveyance or other instrument or the authority
of any court.
9. (1) The Board shall appoint an actuary who shall carry out the duties Appointment of
and exercise the powers imposed or conferred upon him by the actuary and
provisions of this Act. officers
10. (1) The Fund shall be valued by the actuary as at the 31st Actuarial
December, 1966, and thereafter at intervals not exceeding five years. valuation of
Fund
(2) The actuary shall, upon any valuation of the Fund, prepare a report
on the state of the Fund and, in regard to any surplus or deficiency
revealed, he shall-
(a) in the event of there being a surplus, specify therein the amount,
if any, of such surplus, as shall be paid to the Government for the
purpose of refunding the Government's original contributions to the
existing fund:
(b) in the event of there being a deficiency, state therein what action
he recommends should be taken.
(3) The actuary shall submit any report prepared by him under
subsection (2) to the Committee which shall forthwith forward a copy to
the Minister.
(4) The Committee shall pay to the Government any amount specified
in accordance with paragraph (a) of subsection (2), and shall pay due
regard to any recommendations made by the actuary and, in doing so
may, notwithstanding anything to the contrary contained in this Act-
(5) The Committee shall report to the Minister its reasons for failing to
carry out any recommendation made by the actuary under subsection
(2).
(6) If, within six months of the receipt of a report by the Committee
under subsection (3), the Committee fails to carry out any
recommendation contained in such report, the Minister may, whether
subsection (5) has been complied with or not, exercise any of the powers
conferred by subsection (4), and the exercise of such powers by the
Minister shall have the same effect as an exercise thereof by the
Committee.
11. (1) The Committee shall cause to be kept proper accounts in which Accounts and
shall be recorded all the financial transactions of the Fund and shall audit
cause the books and accounts of the Fund to be balanced as at the end of
each financial year, and shall cause statements of income and
expenditure, together with a balance sheet, to be prepared for audit.
(2) The Minister shall appoint an auditor for each financial year, and
such appointment may be made in the name of a partnership.
(3) The auditor appointed under subsection (2) shall audit the accounts
of the Fund for the financial year for which he was appointed, and shall
make a report to the Committee on the accounts and other documents
examined, and such report shall state-
(a) whether or not the provisions of this Act have been complied
with;
(b) whether or not the auditor has obtained all the information and
explanations which he has required;
(c) whether, in the opinion of the auditor, the balance sheet for the
year concerned is properly drawn up so as to exhibit a true and correct
view of the state of the Fund according to the best of his information and
the explanations given to him and as shown in the books relating to the
Fund; and
(5) As soon as the accounts of the Fund have been audited, the
Committee shall send a copy of the balance sheet and statement of the
transactions of the Fund referred to in subsection (1) to the Minister and
to every associated authority, together with a copy of the report made by
the auditor under subsection (3), and shall keep copies of such balance
sheet and statement available for inspection by any member.
(As amended by Act no 17 of 1989)
12. (1) The investment of any moneys of the Fund not required to meet Investment of
the current charges upon the Fund shall, subject to the provisions of this Fund and
subsection, be in the discretion of the Committee which is hereby guarantee of
empowered to invest such moneys in any of the following ways: interest
(a) in the Post Office Savings Bank or in the Savings Bank of any
bank or institution which is governed by any written law of Zambia or
by the law of the United Kingdom of Great Britain and Northern Ireland,
or on fixed deposit or at call with any such bank or institution;
(d) in the stock, funds, debentures or shares of, or in loans to, any
local authority or any public body in Zambia authorised by law to
borrow money;
(2) If the rate of interest earned on the total money, including any
uninvested moneys, of the Fund during any financial year is lower than
four per centum, the associated authorities shall, unless the Committee,
with the approval of the actuary, otherwise resolves, contribute to the
Fund such sum as, on being added to the interest actually earned, would
increase such rate to four per centum.
(3) For the purpose of subsection (2), the percentage rate of interest
during a financial year shall be calculated by dividing the interest earned
during such year by an amount which shall be equal to the mean of the
Fund at the beginning and at the end of such year less one-half such
interest and by multiplying the result of such calculation by one
hundred.
PART IV
MEMBERSHIP OF FUND
13. (1) The local authorities which were associated with the existing Local
fund immediately before the appointed day shall be associated authorities
authorities for the purposes of this Act; and for the purposes of this Act
the Victoria Falls Electricity Board established under the Victoria Falls
Power Act, Chapter 810 of the Revised Edition, and the Northern
Electricity Supply Corporation (Private) Limited shall be treated as
being so associated with the existing fund.
15. (1) All persons who were members of the existing fund Members of
immediately before the appointed day shall become members of the Fund
Fund on that date.
(2) All persons who, on the appointed day, become eligible employees
of a local authority declared to be an associated authority under the
provisions of subsection (1) of section thirteen, shall be eligible for
membership of the Fund, and any such person who desires to become a
member shall give written notice to such authority accordingly within
three months of the appointed day and shall on giving such notice
become a member from the appointed day:
Provided that on the appointed day the age of such person does not
exceed fifty years and he has not at any time prior to the appointed day
been eligible for membership of either the existing fund or the Fund and
failed to become a member.
(3) All persons who, after the appointed day, become eligible
employees of a local authority declared to be an associated authority
under the provisions of subsection (1) of section thirteen, shall become
members upon the date upon which they become eligible employees if,
at that date, their age does not exceed fifty years and if they have not at
any time prior to that date been eligible for membership of either the
existing fund or the Fund and failed to become members.
16. (1) Every person who becomes a member under the provisions of Evidence of
either subsection (2), (3) or (4) of section fifteen shall, within one month health
of becoming a member or within such longer period as the Committee
may in its discretion permit, produce to the Committee at the expense of
the associated authority of which he is an employee such evidence of his
state of health as the Committee may require.
18. (1) Notwithstanding anything to the contrary in this Act contained, Temporary
any person, other than an officer or servant who is not a member at the employees
*commencement of Act No. 52 of 1970 and who is engaged under a
contract, employed by an associated authority on a temporary
engagement who would, if he were on a permanent engagement with the
authority, be an eligible employee, shall, after a period of two years on
such temporary engagement after attaining the age of eighteen years,
become an eligible employee.
* 27th October, 1970.
(2) Any person who becomes a member after having been employed by
an associated authority on a temporary engagement may elect to regard
his service on such engagement after attaining the age of eighteen years
as continuous service for the purposes of this Act, and any such election
shall, within three months of the date upon which such person becomes
a member, be notified to the associated authority concerned which shall
inform the Committee accordingly.
(As amended by No. 52 of 1970)
PART V
CONTRIBUTIONS TO FUND
19. (1) Contributions payable to the Fund by a member shall be at the Contributions
rate of ten per centum of the pensionable emoluments of such member. by members
Provided that all contributions under this subsection shall be paid within
two years of the date of the first payment made in respect thereof.
20. (1) The contributions together with any interest to be paid by a Method of
member to the Fund shall be a first charge upon the salary or wages payment of
payable to such member and shall be deducted by the associated members'
authority employing such member from the payments of such salary or contributions
wages.
(2) Every associated authority shall, before the seventh day of every
month-
(3) Where any amount payable under subsection (2) remains unpaid by
the seventh day in any month, the Committee may, in its discretion,
charge the associated authority concerned interest on the amount unpaid
at the rate of four per centum per annum.
21. Every associated authority shall pay to the Fund each month an Contributions
amount equal to two hundred and thirty percentum of the amount paid by local
into the Fund by such authority under paragraph (a) of subsection (2) of authorities
section twenty, and the provisions of subsection (3) of the said section
shall apply in respect of any amount payable under this section.
(As amended by Act no 17 of 1989).
22. (1) Where a member is on leave with full or reduced pay, he shall Contributions
continue to contribute to the Fund on the basis of his full pensionable whilst on leave
emoluments.
(3) An election under subsection (2) shall only be valid if made by the
member concerned in writing to the associated authority by which he is
employed within one month of his return to duty, and any contributions
payable under subsection (2) shall be paid within the said month
together with interest at the rate of four per centum per annum:
Provided that-
24. (1) If the pensionable emoluments of a member are reduced by his Reduction of
employer for any reason, other than misconduct, he may elect to emoluments
contribute to the Fund on the basis of his pensionable emoluments
immediately prior to such reduction, and in such event his pensionable
emoluments for so long as they are less than they were prior to such
reduction shall, for all the purposes of this Act, be deemed to be those
immediately prior to such reduction.
Provided that-
(i) such member did not leave the service of the former authority on
account of misconduct; and
PART VI
25. For the purposes of this Act, "retirement benefit" means an annuity Retirement
at the rate of one six hundred and sixtieth of the retiring pensionable benefit
emoluments of the member for each completed month of his continuous
service, of which either one-third or two-thirds may, at the option of the
member, be commuted at the date of his retirement, for lump sum-
(a) if the member is retired under section twenty-seven, at the rate of
K28.00 for each K1 of annuity commuted; or
(b) if the member retires or is retired under section twenty-six,
twenty-eight or twenty-nine, at the rate laid down for his age at the date
of his retirement in the appropriate Schedules.
(3) A member who dies after completing twenty years of service but
before completing twenty-two years of service shall be deemed to have
completed twenty-two years of service and shall be entitled to the
retirement benefits in accordance with subsection (2).
(As amended by Act no 27 of 1992)
27. (1) If a member is found by the Committee, acting on the advice of Retirement due
a board, to be permanently incapable of efficiently discharging his to ill health
duties by reason of infirmity of mind or body, he shall be retired from
the service of his employer, and in such case if such infirmity-
(2) For the purposes of this section, "board" means a medical board
consisting of a medical practitioner nominated by the Committee and a
medical practitioner nominated by the member:
28. (1) If the employment of a member who has had at least ten years' Retirement due
continuous service is discontinued, through no fault of such member, to
owing to a reduction in, or reorganisation of, the staff of his employer, reorganisation,
or to the abolition of his office or post, or in order to facilitate etc.
improvements in efficiency or organisation, or to retrenchment
generally-
(a) all retirement benefits paid to the member prior to his attaining
the pension age; and
(b) all benefits paid to the widow and children in accordance with
the provisions of paragraph (a) of subsection (2); and
(4) For the purposes of this section and sections twenty-nine, thirty-five,
forty-one and forty-six-
"child" means a legitimate or legitimated child of a member and
includes a stepchild, an adopted child and a posthumous child born of a
marriage which took place before his retirement, but excludes a child
not legitimated or adopted before his retirement and a child born of his
marriage which took place after retirement, on proof of the facts in each
case to the satisfaction of the Committee, that such child has not been
married and-
(a) is under the age of eighteen years; or
(b) is between the age of eighteen years and twenty-one years and is
in receipt of full-time instruction at any university, college, school,
institute or other educational establishment or is undergoing training by
any person for any trade, profession or vocation in such circumstances
that-
(i) he is required to devote the whole of his time to
training for a period of not less than two years; and
(ii) while he is undergoing the training, the
emoluments receivable by him do not exceed K600
per year, excluding any amount receivable by way
of return of any premium paid in respect of the
training;
"widow" means-
(a) the widow of a member not in receipt of an annuity; or
(b) the widow of a member in receipt of an annuity if she was his
wife when he retired:
Provided that if such member had more than one wife,
"widow" means the widow who-
(i) was nominated by the member in a manner
prescribed by the Committee; or
(ii) was selected by the Committee where no
nomination was made.
(No. 52 of 1970)
29. (1) Subject to the provisions of this section, if the employment of a Retirement in
member who is not a citizen of Zambia is terminated on a date before he favour of
has attained the pension age in order that the post he holds shall become citizens of
vacant and be open to be held by a citizen of Zambia, the member shall, Zambia
as from such date, cease to be an eligible employee and shall not become
an eligible employee after such date but shall be entitled to be granted-
(2) Unless a member has elected that the provisions of subsection (3)
shall apply to him-
(a) the benefits to which the member is entitled under subsection (1)
shall be payable annually during his lifetime; and
(8) Where a member receives any benefits under this section, his
employer shall, out of its own revenues, refund to the Committee-
(a) all retirement benefits paid to the member prior to his attaining
the pension age;
(b) all benefits paid to the widow and children in accordance with
the provisions of paragraph (a) of subsection (3);
(e) any lump sum paid to the member in commutation of any portion
of his additional retirement benefit.
(9) The provisions of section twenty-nine of the Local Government Cap. 477 of old
(Officers) Act shall apply in relation to any dispute between an edition of the
employer and a member who is not a citizen of Zambia as to whether the Laws
termination of the employment of the member is made on the grounds
mentioned in section twenty-eight, or in order to facilitate the
advancement of a citizen of Zambia, as they apply in relation to a
dispute between a local authority and any officer in its service connected
with the employment of the officer.
30. Notwithstanding the provisions of section thirty-five, where any Lump sum
member- where annuity
(a) but for the fact that he has had less than ten years' continuous not payabe
service, would have been granted on his retirement a retirement benefit
under the provisions of this Part; or
(b) was admitted in ill health and dies in the service of his employer
or is retired under subsection (1) of section twenty-seven;
there shall be paid to him or to his dependants, as the case may be, a
lump sum equal to twice the amount of the contributions paid by him
together with interest thereon at the rate of four per centum per annum
compounded annually.
(As amended by No. 52 of 1970)
31. If a female member is discharged from the service of her employer Retirement of
on her marriage, or if such a member voluntarily retires from such female member
service in contemplation of her marriage and marries within three on marriage
months thereafter, she shall receive a lump sum equal to the amount of
contributions paid by her together with twelve and one-half per centum
of such amount for each completed year of continuous service in excess
of two years:
Provided that no such lump sum shall exceed twice the amount of
contributions paid by such member together with interest thereon at the
rate of four per centum per annum compounded annually nor be less
than a lump sum calculated in accordance with the provisions of section
thirty-three.
(As amended by No. 52 of 1970)
33. Subject to the provisions of any rules made under paragraph (f) of Lump sum in
subsection (1) of section forty-one, if a member, upon leaving the other cases
service of his employer, is not eligible to receive any benefit under the
foregoing provisions of this Part, he shall, provided the provisions of
section thirty-two do not apply to him, be granted a lump sum calculated
as follows:
(a) if such member has had less than seven years' continuous
service, a payment equal to the amount of the contributions paid by him
together with two per centum of such amount in respect of each
complete year by which his continuous service exceeds three years; or
(b) if such member has had seven years' or more continuous service,
a payment equal to twice the amount of the contributions paid by him
together with interest thereon at the rate of four per centum per annum
compounded annually.
Provided that-
(i) if a lump sum has been paid to such member under section thirty,
thirty-one or thirty-three or if contributions have been repaid to him or
to an associated authority under section twenty-three, he and such
authority shall repay, in one sum or in such instalments as the
Committee may approve, the amount of such lump sum or contributions,
as the case may be, together with interest thereon at such rate not
exceeding eight per centum per annum as the Committee may
determine, such interest to be compounded annually for each complete
financial year and at that rate of simple interest for any incomplete
portion of a financial year, from the date of receipt of such lump sum or
contribution up to the date or dates of repayment and, where the break in
service is longer than twelve months, he shall, subject to such conditions
as the actuary may decide, pay such further sum as the Committee,
acting upon the advice of the actuary, shall determine;
(ii) the period of such break in service shall not be reckoned for the
purpose of calculating continuous service.
(As amended by No. 52 of 1970)
35. (1) Subject to the provisions of section thirty, if a male member dies Death of
on or after the *commencement of Act No. 52 of 1970, whilst in the member
service of his employer-
Provided that-
A. if a member's widow so elects, she shall receive a
benefit calculated in accordance with the provisions of subsection (3) in
lieu of the benefits payable under the provisions of this subsection;
B. if there is no widow of the member, the annuity
payable in respect of the children shall be twice that which would have
been granted in respect of them, if there was a widow, under the
provisions of sub-paragraph (i), (ii) or (iii), as the case may be, and there
shall also be paid in respect of such children lump sums which in total
shall equal one-quarter of the deceased member's retiring pensionable
emoluments.
(2) When a male member who is in receipt of an annuity dies after the
*commencement of Act No. 52 of 1970-
Provided that such lump sum shall not be less than a lump sum
calculated in accordance with the provisions of section thirty.
(4) If a male member in receipt of an annuity dies within six years of the
date of his retirement and no annuity is payable under the provisions of
subsection (2), or if a female member in receipt of an annuity dies within
six years of the date of her retirement, the dependants of the deceased
shall be granted a lump sum equal to the sum of the annuity payable in
respect of the unexpired portion of the said period of six years:
Provided that the Committee may, in its discretion, pay such lump sum
by instalments, and in such case the Committee may add interest at such
rate as it may determine.
(c) the annuity or lump sum payable in respect of any children shall,
unless the Committee otherwise determine, be paid to their mother on
their behalf:
36. (1) Except as provided in section forty-five, no benefit or right to a Benefits not
benefit shall- assignable
(4) Where a member dies and would, but for the operation of this
section, have been in receipt of an annuity at the date of his death, the
benefits payable under the provisions of section thirty-five shall become
payable as though such member was on such date in receipt of an
annuity.
(As amended by No. 52 of 1970)
38. (1) If any member in receipt of an annuity is convicted before any Effect of
court of any crime or offence and is sentenced therefor to death or to conviction
imprisonment for a period exceeding twelve months without the option
of a fine, such annuity shall cease to be paid to such member and shall,
during such member's imprisonment, be paid to his dependants, and, in
the case of death, as provided in section thirty-five.
(2) Where an annuity has ceased under subsection (1), it shall revive on
the discharge of the member from prison, and he shall receive such
annuity at the same rate and under the same conditions as before his
imprisonment, together with any arrears which may have accrued.
PART VII
MISCELLANEOUS
39. A member who is interchanged between associated authorities for Interchange and
a period not exceeding one year, or who is seconded to another secondment of
associated authority for a period not exceeding two years, shall continue members
to make contributions to the Fund through the authority from which he
is interchanged or seconded, which shall continue to make contributions
to the Fund in respect of such member, such contributions being
recoverable by that authority from the authority to which he is
interchanged or seconded.
40. The Committee shall, subject to the provisions of this Act, have Powers of
power- Committee
(a) to decide any doubt as to whether any person is an eligible
employee:
Provided that, where it is decided that a person is not an eligible
employee, such person may appeal from such decision to the Minister
whose decision thereon shall be final;
(b) to settle all questions in respect of contributions;
(c) to examine, approve or decide upon the periods of service on
which contributions may be made or which may be reckoned for the
purpose of the calculation of benefits;
(d) to adjust and decide upon all claims made upon the Fund by
members or their dependants;
(e) to authorise the payment of claims made upon, or benefits
payable out of, the Fund;
(f) subject to the approval of the Minister, to obtain bank overdraft
facilities or borrow, by way of short-term loans, moneys to the extent of
the previous year's income of the Fund from any of the associated
authorities.
41. (1) The Minister shall, after consultation with the Committee, make Rules
rules-
(e) prescribing the terms and conditions upon which service with
public authorities, other than associated authorities, within the
Commonwealth or countries designated by the Minister for the purpose
may be counted as continuous service by persons becoming eligible
employees;
(f) prescribing the terms and conditions upon which benefits may
be paid to members who leave the service of associated authorities and
who are thereafter employed by public authorities, other than associated
authorities, within the Commonwealth or countries designated by the
Minister for the purpose and providing for the payment out of the Fund
of transfer values, calculated in the manner stated in such rules, to the
appropriate pension fund maintained by such authorities upon the
transfer of members to employment by such authorities;
(2) No rules may be made under subsection (1) which are likely to
affect the financial position of the Fund, except after consultation with
the actuary.
(3) The provisions of section eighteen of the Interpretation and General Cap. 2
Provisions Act shall not apply to any rules made under this section.
(5) Copies of all rules made under this section shall be made available
to members and to associated authorities by the Committee at such
price, if any, as the Committee may determine.
(As amended by G.N. No. 202 of 1964 and No. 52 of 1970)
42. The members of the Committee and all officers appointed under Indemnities
section nine shall be indemnified from the Fund against all proceedings,
costs and expenses incurred by reason of any claim in connection with
the Fund not arising by reason of their negligence or fraud.
43. Any dispute that may arise between the Committee and an Disputes
associated authority or a member or a former member or any person
deriving the claim from a member about any matter under this Act or
any rules made thereunder shall be decided by the Committee and, if any
party to the dispute is dissatisfied with the decision or the failure of the
Committee to come to a decision, the Committee shall, on the request of
the dissatisfied party, refer the dispute to the Minister for his
determination and the decision of the Minister upon any such matter
shall be final.
44. This Act shall apply notwithstanding any contract to the contrary, Application
whether made before or after the commencement of this Act.
45. (1) If a member is indebted to the Fund or the Committee, the Recovery of
Committee may recover such debt by deduction from any benefit debts from
payable to such member or his dependants under this Act. benefits
46. (1) Every eligible employee shall, within six months of the date Information to
upon which he commenced paying contributions to the Fund, submit to be furnished by
the Committee, at no expense to the Fund, such evidence as it may or in respect of
require- eligible
employees and
members
(2) Every eligible employee shall, within three months of his marriage,
submit to the Committee, at no expense to the Fund, such evidence as it
may require of his marriage, of the date of birth of his wife and of the
date of birth of his stepchild, if any.
(3) Every eligible employee shall, within three months from the date of
the event, submit to the Committee, at no expense to the Fund, such
evidence as it may require of-
(e) the death of his wife or any of his children or other dependants;
(4) On the death of any member the widow or children or, if there is no
widow or child, the dependants of such member shall, within six months
from the date of death, submit to the Committee, at no expense to the
Fund, such evidence as it may require of-
(6) Every eligible employee shall, within one month of his becoming an
eligible employee or within such longer period as the Committee may in
its discretion permit, at no expense to the Fund, submit to the Committee
such evidence of his state of health as the Committee may require in
accordance with the provisions of section sixteen.
(8) For the purpose of this section, "evidence" shall be the evidence to
the satisfaction of the Committee.
(No. 52 of 1970)
47. (1) Where a member has notified the Committee of the names of Payment to
more than one person as his dependants, any lump sum to which those dependants
dependants may become entitled shall, subject to the provisions of this
Act, be paid to them in equal shares unless the member has otherwise
directed at the time of such notification.
(2) Where the member has not notified the Committee of the name of
any person as his dependant or where there is no person surviving whose
name has been so notified, any lump sum to which his dependants may
become entitled shall, subject to the provisions of this Act, be paid to
them in equal shares.
48. The Committee may pay any benefits free from the commission or Payment of
charges made by a bank in Zambia in connection with payment of such benefits free of
benefits, and the expenses arising therefrom shall be charged upon the bank
Fund. commission
(No. 52 of 1970)
FIRST SCHEDULE
(Sections 25, 28 and 29)
Amounts payable in terms of section 25 (b) in commutation of each K1 of annuity on
retirement in terms of sections 26, 28 or 29.
Nearest age
at date of Commuted
retirement value of K1
(years) of annuity
K
Up to 30 32.76
301/2 32.62
31 32.50
311/2 32.36
32 32.24
321/2 32.10
33 31.96
331/2 31.82
34 31.68
341/2 31.54
35 31.40
351/2 31.24
36 31.10
361/2 30.94
37 30.80
371/2 30.64
38 30.48
381/2 30.32
39 30.14
391/2 29.98
40 29.82
401/2 29.64
41 29.46
411/2 29.28
42 29.10
421/2 28.92
43 28.72
431/2 28.52
44 28.34
441/2 28.14
45 27.94
451/2 27.72
46 27.52
461/2 27.30
47 27.08
471/2 26.86
48 26.64
481/2 26.40
49 26.16
491/2 25.92
50 25.68
501/2 25.44
51 25.18
511/2 24.94
52 24.68
521/2 24.42
53 24.18
531/2 23.92
54 23.66
541/2 23.40
55 23.14
(As amended by Act No. 17 of 1989)
SECOND SCHEDULE
(Section 29)
CALCULATION OF ADDITIONAL RETIREMENT BENEFIT FOR THE PURPOSES
OF SECTION 29
Proportion of average annual
Age at date of termination emoluments for the member's last
five years of continuous service
Less than 31 years .. .. .. ..
1/2160th
31 years or more but less than 41 years ..
1/1800th
41 years or more but less than 51 years ..
1/1440th
51 years or more . . .. .. .. ..
1/1800th
(No. 22 of 1964)
THIRD SCHEDULE
(Sections 28 and 29)
Amounts payable in commutation of each K1 of annuity on retirement in terms of
sections 28 or 29.
Exact age
at date of Commuted
retirement value of K1
(years) of annuity
K
Up to 30 30.35
301/2 30.22
31 30.08
311/2 29.82
32 29.56
321/2 29.40
33 29.24
331/2 29.08
34 28.91
341/2 28.62
35 28.33
351/2 28.15
36 27.96
361/2 27.77
37 27.57
371/2 27.36
38 27.15
381/2 26.93
39 26.70
391/2 26.36
40 26.02
401/2 25.77
41 25.52
411/2 25.27
42 25.01
421/2 24.74
43 24.46
431/2 24.18
44 23.89
441/2 23.58
45 23.27
451/2 22.94
46 22.61
461/2 22.26
47 21.91
471/2 21.55
48 21.19
481/2 20.80
49 20.40
491/2 20.00
50 19.59
501/2 19.28
51 18.97
511/2 18.53
52 18.08
521/2 17.62
53 17.16
531/2 16.68
54 16.19
541/2 15.70
55 15.20
(As amended by Act No. 17 of 1989)
SUBSIDIARY LEGISLATION
Statutory
SECTION 41-THE LOCAL AUTHORITIES Instrument
SUPERANNUATION FUND (BOARD) RULES. 61 of 1992
2. (1) The provisions of the Interpretation and General Provisions Act Interpretation
shall apply to these Rules as if these had been made by Statutory
Instrument.
(h) four members appointed by the Minister from the Industrial and
Commercial Sector.
(2) The Minister shall designate one member as Chairman and one
member as Vice-Chairman from the members referred to in subrule (1).
(b) may resign his office by giving not less than one month's notice
in writing to the Minister.
6. (1) The Board shall meet every two months during each period of Meetings
twelve months.
7. Meetings of the Board shall be called by the General Manager who Notice of
shall give members not less than seven days notice in writing of such a meetings
meeting.
9. The General Manager shall be responsible for the safe custody of the Custody of
book of minutes and of the common seal of the Board. minutes and
common seal
10. The common seal of the Board shall be deemed to be correctly Affixation of
affixed to any document if so affixed in the presence of the General common seal
Manager and two senior members of the management not below the
rank of head of department.
11. (1) Any question proposed for decision by the Board shall be Voting and
determined by a majority of the votes of the members present and voting Board meeting
at a meeting of the Board at which there is a quorum.
(2) At a meeting of the Board each member present shall have vote on a
question proposed for decision by the Board and, in the event of an
equality of votes, the Chairman shall have a casting vote in addition to
his deliberative vote.
12. The Chairman or the Vice-Chairman and any six members shall Quorum
constitute a quorum.
13. The Board may from time to time appoint from amongst its Committees of
members committees of the general or special nature for the purpose of Board
examining any matter and reporting thereon to the Board and may
determine the number of members of and the quorum for any such
committee but shall not delegate any power to any such committee.
14. There shall be paid to the Board members as the Minister may Allowances and
determine, such travelling expenses and subsistence allowances in expenses
respect of attendance at meetings of, or in respect of business authorised
by the Board in such amounts or in accordance with such rates as the
Minister may, in writing approve.
CHAPTER 286
THE PROVINCIAL AND DISTRICT BOUNDARIES ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Division of Zambia into Provinces and Districts
CHAPTER 286
An Act to make provision for the division of the Republic into Provinces
and Districts; and to provide for the boundaries of such Provinces and
Districts and the names by which they shall be known.
[24th October, 1964]
1. This Act may be cited as the Provincial and District Boundaries Act. Short title
2. The President may, by statutory order, divide Zambia into such Division of
Provinces and divide the Provinces into such Districts, as may be Zambia into
convenient for the purposes of administration, describing the boundaries Provinces and
thereof and assigning names thereto. Districts
SUBSIDIARY LEGISLATION
Statutory
SECTION 2-THE PROVINCES AND DISTRICTS Instrument
BOUNDARIES 106 of 1996
(DIVISION) ORDER
1. This Order may be cited as the Provinces and Districts Boundaries Title
(Division) Order.
3. Each Province of the Republic of Zambia shall include and consist Districts
of the Districts listed in the second column of the First Schedule and
specified opposite each Province and such Districts shall be known by
the names therein assigned to them.
FIRST SCHEDULE
(Paragraphs 2 and 3)
SECOND SCHEDULE
(Paragraph 4)
BOUNDARIES OF DISTRICTS
CENTRAL PROVINCE
CHIBOMBO DISTRICT
Starting at the junction of the Great North Road T2, and Ngwerere Road
D176, the boundaries follow the Great North Road southwards for a
distance of 2200 metres, thence on a bearing of 262 degrees for a
distance of 2930 metres to Beacon P10, the north-easterly corner beacon
of Farm No. 693, thence down the Chunga River to the north western
boundary of Farm No. 1962 to Beacon M'503, the north western corner
of Farm No. 190a; thence following the Namayani River down Stream
to its confluence with the Mwembeshi River; thence down the
Mwembeshi River to its confluence with the Kabile River; thence up the
Kabile River to its source; thence on a bearing 290 degrees for a distance
of 33 kilometres to the source of the Lunjofwa River; thence on a
bearing of 320 degrees for a distance of 5 kilometres to the source of the
Mafuta River; thence on a bearing of 3400 degrees for a distance of 5
kilometres to the source of Lundu River, thence on a bearing of 356
degrees for a distance of 22 kilometres to the confluence of the
Mushingashi and Mwapula Rivers, thence on a bearing of 308 degrees
for a distance of 5 kilometres to the source of Kamwala River; thence on
a bearing of 6 degrees for a distance of 22 kilometres to the confluence
of the Lukanga River for a distance of 22 kilometres; thence due east for
a distance of 50 kilometres; thence on a bearing of 135 degrees for a
distance of 22 kilometres to the Lyansa River; thence up the Lyansa
River for 32 kilometres to the point where this river crosses the
north-western boundary of Farm 2114; thence south westwards along
the north western boundaries of Farm No. 2114, Farm No. 1978 and
Farm No. 2113 and the northern boundary of Farm No. 2112 to Beacon
BH169; thence along the western and southern boundaries of Farm 2112
and Farm 2113 to Beacon BH 165; thence south-eastwards along the
southern boundaries of Farms Nos. 3428, 3421, 3244 and 3245 to
Beacon OH734 south east Beacon of Farm No. 3245, thence eastwards
across the Zambia Railways Strip Reserve to Beacon 53L on the eastern
edge of the Zambia Railways Strip Reserve; thence eastwards along the
southern boundaries of Farms Nos. 3273 and 1833 to the point where the
Munyama River passes through the Chikonkomene Hills; thence down
the Munyama River for a distance of 4 kilometres to Beacon SE 42, the
western corner Beacon of Farm No. 3278; thence eastwards along the
southern boundary of Farm No. 3278 to Beacon SE48, the south eastern
corner beacon of this farm; thence generally northwards along the
eastern corner boundaries of Farms Nos 3278, 1835, 3236 and 3235;
thence along the southern boundary of Kabwe National Forest No. 31
Block 2 to Beacon T219, the south western corner beacon of Farm No.
T2221, the south eastern corner beacon of this farm, thence eastwards
and north westwards along the southern and eastern boundaries of
Kabwe National Forest No. 31 Block 1, the point where this boundary
crosses the Mkushi-Kabwe Road, D200; thence north eastwards along
this road D200, to the point where it crosses the Mulungushi River;
thence down the Mulungushi River to its confluence with the Ilungu
River; thence on a bearing of 118 degrees for a distance of 9.5
kilometres to Kalilangoma Hill; thence on a bearing of 165 degrees
following the northern, western and southern boundaries of Farm No.
1144 to Beacon Y413 on the Zambia Railways Strips Reserve; thence
south-wards along the Zambia Railways Strip Reserve to Beacon Y412
the north-eastern corner beacon of Farm No. 3262; thence along the
northern boundaries of Farm No. 3262 and Farm No. 1143; the western
boundary of Farm 1143 and the southern boundaries of Farm No. 1143
and Farm No. 3262 to beacon Y407 on the Zambia Railways Strip
Reserve; thence southwards along the Zambia Railways Strip Reserve
to Beacon C344 the north eastern corner beacon of Farm No. 891;
thence along the northern and western boundaries of Farm No. 891 to
Farm No. 1458; thence along the northern, western and southern
boundaries of Farm No. 1458 to Beacon B52; thence westwards along
the Ngwerere Road, D176, to its junction with the Great North Road T2
the point of starting.
KABWE DISTRICT
Starting at Beacon L4, the most northern beacon of Farm No. 384a on
the eastern boundary of Lenje Reserve No. XV, the boundary follows
the north-eastern boundary of Farm No. 384a through Beacon L5 to
Beacon L6 on the Lukali River; thence continuing in a south-easterly
direction down the Lukali River to a point opposite Beacon SE177 the
western beacon of Farm No. 2767; thence north-eastwards,
south-eastwards and south-westwards through Beacons SE178, SE179
and SE180, to the Lukali River; thence down the Lukali River to its
confluence with the Chitakata River; thence in an easterly direction
down the Chitakata River to its confluence with the Mulungushi River;
thence down the Mulungushi River to where it is crossed by the
Kabwe-Mkushi Road; thence following this road in a south-westerly
direction for a distance of approximately 13 kilometres to the point
where it crosses the eastern boundary of Forest Reserve No. 31: Kabwe;
thence south-eastwards and south-westwards along the boundary of this
Forest Reserve to Beacon T221 the south-eastern corner beacon of Farm
No. 1019 Maimba; thence along the southern boundary of Farm No.
1019 to Beacon T219 the south-western corner beacon of Farm No.
1019; thence eastwards following the southern boundary of Forest
Reserve No. 31: Kabwe to Beacon CG468 the north-eastern corner
beacon of Farm No. 3235; thence in a general southerly direction
following the eastern boundaries of Farms Nos. 3235, 3236, 1835 and
3278 to Beacon SE48, the south-eastern corner beacon of Farm No.
3278; thence westwards along the southern boundary of farm corner
beacon of Farm No. 3278 to Beacon SE42 on the Munyama River;
thence up to the Munyama River for a distance of approximately 4
kilometres to a point where it passes through the Chikonkomene Hills;
thence westwards along the boundaries of Farm No. 1933 and Farm No.
3278 to Beacon 53L on the eastern edge of the Zambia Railways Strip
Reserve; thence across the Zambia Railways Strip Reserve to Beacon
OH734 the south-eastern corner beacon of Farm No. 3245; thence
south-eastwards to Beacon L159 the southernmost beacon of Farm No.
3245; thence north-westwards along the southern boundaries of Farms
Nos. 3245, 3244, 3421, 3428 to Beacon BH165 the easternmost beacon
of Farm No. 2113; thence south-westwards along the south-westerly
boundaries of farms Nos. 2113 and 2112; to Beacon BH168 the
southernmost beacon of Farm No. 2112; thence northwards along the
western boundary of farm No. 2112 to Beacon BG169 its north-western
corner beacon of the eastern edge of the Lenje Reserve No. XV; thence
in a general north-westerly direction following the north-western
boundaries of Farms Nos. 2112, 2113, 2114 and 2116 to Beacon C890
the southern beacon of Farm No. 135a; thence north-westwards
following the western boundary of Farm No. 135a to where it meets the
Munga River; thence westwards down the Munga River to where it
meets the western boundary of Farm No. 838 to Beacon V396 the
north-western corner beacon of Farm No. 838; thence north-eastwards
along the northern boundary of Farm No. 1541 to Beacon J497 its most
northerly beacon; thence following the watershed between the Lukanga
Swamp and the Mulungushi River in a general northerly direction
through Beacons BH59, BH58, BH57, SE61, SE60, SE59, SE58, SE57,
SE56, SE55, SE54 to Beacon J480 the western beacon of Farm No.
1530; thence north-westwards following the boundaries of Farm No.
1530 and Farm No. 1531 through Beacons J464 and J465 to Beacon L3,
the north-west corner beacon of Farm No. 1531 and the south-western
corner beacon of Farm No. 384a; thence along the north-western
boundary of Farm No. 38a to Beacon L4, the point of starting.
Starting at the point where the Great North Road, T2 crosses the
Mulungushi River, the boundary proceeds up the Mulungushi River to
its confluence with the Chitakata River, thence up the Chitakata River to
its confluence with the Lukali River; thence up the Lukali River to a
point opposite Beacon SE180, the southern beacon of Farm No. 2767;
thence north-eastwards, north-westwards and south westwards through
Beacon SE 180, SE 179, SE 178 and SE177 to the Lukali River; thence
up the Lukali River to Beacon L6 on the boundary of Farm No. 384a;
thence following the north-eastern boundary of Farm No. 384a through
Beacon L5 to Beacon L4, the most northerly beacon of Farm 384a, on
the eastern boundary of the Lenje Reserve XV; thence in a
south-westerly direction following the boundaries of Farms Nos. 384a,
1531 and 1530 through Beacons L3, J463 and J464 to Beacon J480, the
Western beacon of Farm No. 1530; thence following the watershed
between the Lukanga Swamp and the Mulungushi River in a generally
southerly direction through Beacons SE 54, SE 55, SE 56, SE 57, SE 58,
SE 59, SE 60, SE 61, BH 58, and BH 59 to Beacon J497, the most
northerly beacon of Farm 1541, thence south westwards along the
north-western boundary of Farm No. 1541 to beacon V396, the
north-western corner beacon of Farm No. 838, thence southwards along
the western boundary of Farm No. 838 through Beacon V397 to the
point where the said boundary intersects the Munga River; thence up the
Munga River to the point where it intersects the western boundary of
Farm No. 135a; thence south eastwards along the western boundary of
Farm No. 135a to Beacon C890, the southern beacon of Farm No, 135a,
thence in south-westerly direction following the north-western
boundaries of Farms Nos. 2116 and 2114 to the point where the Lyansa
River crosses the north western boundary of Farm 2114; thence down
Lyansa River for a distance of 32 kilometres; thence on a bearing of 315
degrees for a distance of 22 kilometres; thence due west in a straight line
for a distance of 50 kilometres to the point where the Lukanga River
leaves the Swamp; thence down the Lukanga River to its confluence
with the Kafue River; thence up the Kafue River to its confluence with
the Kasanga River; thence up the Kasanga River to its source; thence on
a bearing of 236 degrees for a distance of 17 kilometres to the southern
end of Kayamba Hills; thence northwards along these hills and along the
watershed between Lunga and Luswishe Rivers for a distance of 70
kilometres to a point of 54 kilometres due west of the confluence of the
Mininga and Luswishe Rivers; thence eastwards to the aforesaid
confluence with the Kafue River; thence down the Kafue River to its
confluence with the Mutenda River; thence up the Mutenda River to its
source; thence the boundary runs due east in a straight line to the source
of Chisanga River; thence down the Chisanga River to its confluence
with the Lukanga River; thence up the Lukanga River to its confluence
with the Mukwe River; thence on a bearing of 85 degrees for a distance
of 12 kilometres to Mile Peg 1373; on the eastern boundary of Zambia
Railways Strip Reserve; thence northwards along the eastern boundary
of the Zambia Railways Strip Reserve, skirting the eastern boundaries of
Fubera Siding Reserve right, the eastern portion of Kashitu Township
Reserve and the Lubwe crossing loop to the point where this boundary is
intersected by the south-eastern boundary of Katanino Local Forrest No.
34; thence following the southern boundary of Katanino Local Forest
eastwards passing through Beacon 61ZP to the south eastern corner
beacon of aforesaid Local Forest; thence on a bearing of 80 degrees for a
distance of 8.5 kilometres to the confluence of the Mobi Stream and
Mubalashi River; thence down the Mubalashi River to its confluence
with the Lunsemfwa River; thence down the Lunsemfwa River to the
Muchinga Escarpment; thence westwards following the crest of the
Muchinga Escarpment to the confluence of the Lilungu and Mulungushi
Rivers; thence up the Mulungushi River to the point where the Great
North Road, T2 crosses the Mulungushi River, the point of starting.
MKUSHI DISTRICT
MUMBWA DISTRICT
SERENJE DISTRICT
COPPERBELT PROVINCE
CHILILABOMBWE DISTRICT
CHINGOLA DISTRICT
Starting at the confluence of the Mwitimpi Stream with the Kafue River,
the boundary follows the Kafue River downstream to its confluence
with the Mbafi River; thence up the Mbafi River to the eastern boundary
of National Forest No. 12: Luano; thence in a south-westerly direction
for approximately 6 kilometres to the Musakashi River; thence up the
Musakashi River to its source; thence north-westwards to Beacon
CG500 of Lot No. 1311/M (formerly Lot No. 113/M); thence along the
northern and western boundaries of this Lot through beacons CG506
and CG505 to Beacon CG504 its most western corner; thence in a
south-westerly direction across the Zambia Railways Strip Reserve for a
distance of approximately I kilometre to the source of an unnamed
tributary of the Musenga River; thence down this tributary to the
north-western boundary of the Pitanda Special Grant No. 524m between
beacons P208; thence south-westwards and southwards along the
boundaries of the Pitanda Special Grant No. 524m and of the
Mwambeshi North Special Grant No. 440m through Beacons P208,
P209, P210, P211, P212, P213 and G400 to Beacon M219; thence
southwards along the western boundary of the Mwambeshi South
Special Grant No. 439m to the Mwambeshi River; thence up the
Mwambeshi River to its source; thence in a southerly direction to the
source of the Chisanga River; thence down the Chisanga River to its
confluence with the West Katembula River; thence up the West
Katembula River to its source; thence in a north-westwards direction for
approximately 16 kilometres to a point. approximately 2 kilometres due
north of the source of the Chipopo Stream; thence in a north-westwards
direction for approximately 13 kilometres to a point on the
Solwezi-Chingola Road and north-westwards passing between the
sources of the Muchishi East Stream to the north and Milopa and
Miwale Streams to the south to a point on the northern side of the source
of the Chingola Road approximately 20 kilometres from a point due
source of the south of the Mwitimpi Stream; thence northwards to the
source of the Mwitimpi Stream; thence down this stream to its
confluence with the Kafue River, the point of starting.
KALULUSHI DISTRICT
KITWE DISTRICT
Starting at the point where the western edge of the Kitwe-Mufulira Road
Reserve crosses the Kafue River, the boundary follows the Kafue River
downstream to its confluence with the Mutupa Stream; thence up the
Mutupa Stream to the southern edge of the Mufulira-Ndola Road
Reserve; thence southwards for approximately 5 kilometres along the
edge of the Road Reserve to the Nakolwe Stream; thence down the
Nakolwe Stream to its confluence with the Mwekera Stream; thence
down the Mwenkwenta Stream to its unnamed south bank tributary
approximately 1.5 kilometres north of Beacon 01356 on the Zambia
Railways Strip Reserve (Nkana Branch Line); thence up this tributary to
its source; thence southwards to Beacon 01356; thence across the
Railway Reserve to Beacon 01357 near Mile Peg 23; thence
south-westwards along the southern edge of the Railway Reserve
skirting the eastern, southern and western boundaries of Farm No. 1386
(Mabote Siding Reserve South) to a point where the projection
northwards of the eastern boundary of Lot No. 573/M (formerly Lot No.
251/M intersects the southern edge of the Railway Reserve; thence
southwards Beacon BA56 to the south-eastern corner Beacon BA57;
thence southwards to the north-eastern corner of Farm No. 2265 near
Beacon YR1466; thence southwards along the eastern boundary of this
farm to Beacon KL180 its southernmost corner beacon; thence
southwards across the Kitwe-Ndola Road Reserve through Beacons
JB216, L541, JB224 and KL169 to the point where the western
boundary of Local Forest No. 4; Maposa crosses the northern tributary
of the Baluba River; thence down this tributary to its confluence with
the Baluba River and down the Baluba River to its confluence with the
Kafue River; thence down the Kafue River to its confluence with the
Kalulushi River to its confluence with the Shibolo Stream; thence up
this stream to its source; thence north-eastwards to Beacon M209, the
southernmost corner beacon of the Kalulushi Special Grant No. 437m;
thence along the eastern boundary of the Kalulushi Special Grant No.
437m to Beacon M208; thence north-westwards to the source of the
Kasombo Stream; thence down the Kasombo Stream to its confluence
with the Chibuluma Stream; thence up the Chibuluma Stream to Beacon
U420 which is near the northern point of Chibuluma; thence northwards
to Beacon U419 and westwards to Beacon U418; thence north-western
boundary of Nkoma Special Grant Area C2 No. 772m to Beacon
RU183, the north-western corner beacon of Farm No. 2493 (now forms
part of National Forest No. 8: Ichimpe); thence north-eastern along the
southern boundary of this National Forest for approximately 7
Kilometres to the point where it intersects the southern edge of the
Chingola-Kitwe Road Reserve; thence north-westwards along this edge
of the Road Reserve to its junction with the Kitwe-Mufulira Road
Reserve; thence along the western edge of the Kitwe-Mufulira Road
Reserve to the point where it crosses the Kafue River, the point of
starting.
LUANSHYA DISTRICT
Starting at the confluence of the Kafue and Baluba Rivers, the boundary
follows the Baluba River upstream for approximately 6.5 kilometres to
its confluence with an unnamed tributary; thence up this unnamed
tributary for approximately 1 kilometre to the western boundary of
Local Forest No. 4; Maposa about midway between Beacon BH718, the
north-eastern corner of Farm No. 2206, and Beacon KL180, the
southernmost corner of Farm No. 2265; thence north-wards passing
through Beacon KL180, the southernmost corner of Farm No. 2265;
thence north-wards passing through Beacons KL169, JB224 and L541
to Beacon JB216; thence across the Ndola-Kitwe Road to Beacon
KL180; thence in a south-easterly direction for approximately 6
kilometres along the northern edge of this Road Reserve to Beacon
BH714; the most westerly beacon of Farm No. 3094; thence skirting the
north-western, northern and eastern boundaries of Farms Nos. 3094,
3093 and 3092 through Beacons BH711, BH712 to Beacon BH713;
thence in a south-easterly direction along the northern edge of the
Ndola-Kitwe Road Reserve for approximately 6.5 kilometres to the
Baluba River; thence up the Baluba River to its confluence with the
Lusaka Stream; thence up the Lusaka Stream to the north-western
corner of National Forest No. 54: Ndola West, near Beacon YR1093;
thence in a southernly direction for approximately 5 kilometres passing
through Beacons YR1093, YR1077, YR1078 and YR1079 to the
Luanshya Stream thence up the Luanshya Stream to the north-western
corner of National Forest No. 39: Chichele; thence in a south-easterly
direction along the western boundary of National Forest No. 39:
Chichele to Beacon 0248 on the northern boundary of the Zambia
Railway Strip Reserve (Luanshya Branch Line); thence following this
boundary south-westwards and skirting the eastern, northern and
western boundaries of Farm No. 1394 (Kasongo Siding North Reserve)
to Beacon 0202; thence across the Railway Reserve to Beacon 0202, the
north-eastern corner beacon of Local Forest No. 40: Luanshya; thence
along the eastern boundary of Local Forest No. 40: Luanshya to the
northern edge of the Fisenge interpass-Kabwe Road Reserve; thence
south eastwards along this edge of the Road Reserve to the Kafubu
River; thence down the Kafubu River to a point on the Kafubu River
approximately 1.5 kilometres from the eastern boundary of Farm No.
866 (Roan Antelope Pumping Station Site); thence southwards for
approximately 402 metres; thence westwards for approximately 1.5
kilometres parallel more or less with the Kafubu River to a point where
this line is intersected by the production southwards of the western
boundary of Farm No. 866; thence northwards through Beacon A154 to
the Kafubu River; thence down the Kafubu River to its confluence with
the Luanshya Stream; thence north-westwards for approximately 25
kilometres to the Mpata Gorge on the Kafue River; thence up the Kafue
River to its confluence with the Baluba River, the point of starting.
MASAITI DISTRICT
LUFWANYAMA DISTRICT
MPONGWE DISTRICT
MUFULIRA DISTRICT
NDOLA DISTRICT
Starting at a beacon on the Zambia-Zaire International Boundary, the
boundary follows this International Boundary in a general
south-easterly and north-easterly direction to a point approximately 2
kilometres east of Beacon BP15 the point where the Swahili eastern
production of Farm No. 2647 through Beacons HO79 and HO76 to the
eastern boundary of the Zambia Railways Strip Reserve; thence beacons
along this Strip Reserve to Beacon H359 the north-western Beacon of
Farm NO. 747; thence along the northern boundary of this farm and
along the eastern boundaries of Farms Nos. 747, 746 and 1008 through
Beacons L741, L742, H360, L746, L747, H361 and H362 to Beacon
Y177, the north-eastern corner Beacon of Farm No. 1008; thence
through Beacon VR551, the north-western beacon of Farm No 1523, to
the Itawa Stream; thence up this stream to its confluence with the
Mwatesi Stream; thence up to Mwatesi Stream to the point where it is
intersected by the northern boundary of Farm No. 1532; thence along
the northern boundary of this farm and Lot NO. 81/M through Beacons
V55, V53, Y160, M334 and M335 to Beacon V83 the north-eastern
beacon of Farm NO. 1523; thence eastwards to Beacon V82; thence
southwards through Beacon V81 to Beacon V80 the north-eastern
beacon of Farm No. 1468; thence southwards along the eastern
boundary of this farm to Beacon Y164, its south-eastern beacon; thence
eastwards, southwards and westwards along the northern, eastern and
southern boundaries of Farm No. 416a through Beacons C and D to
Beacon Le57 on the eastern boundary of the Zambia Railways Strip
Reserve; thence westwards across the Railway Reserve to Beacon E on
the western boundary of the Zambia Railways Strip Reserve; thence to
the Makabi Stream; thence down the Makabi Stream to its confluence
with the Washya River; thence down the Washya River to its confluence
with the "Big" Mukulungwe River; thence for about 0.5 kilometres
below the aforesaid confluence; thence in a north-westerly direction for
approximately 8 kilometres and about a kilometre due north of the
source of an unnamed tributary of the Little Mukulungwe; thence in a
general south-westerly direction for approximately 7 kilometres to the
Kafubu River; thence down the Kafubu River to the point where it
crosses the eastern reserve of the Luanshya-Kabwe Road; thence
north-westwards along this edge of the Road Reserve to where it is
intersected by Local Forest No. 40: Luanshya; thence in a northerly
direction for approximately 5 kilometres along the Local Forest No. 40:
Luanshya to Beacon 0201 on the southern boundary of Zambia
Railways Strip Reserve (Luanshya Branch Line); thence across the
Railway Reserve to Beacon 0202 on the northern boundary of the
Railway Reserve; thence north eastwards skirting the western, northern
and eastern boundaries of Farm No. 1304 (Kasonogo Siding Reserve
North) to Beacon 0248; thence northwards along the western boundary
of National Forest No. 39; Chichele through the north-western corner of
this National Forest to the Luanshya Stream; thence down this stream to
the south-western corner of National Forest No. 54; Ndola West; thence
northwards along the western edge of this National Forest passing
through Beacons YR1079, YR1078, YR1077 and YR1093 to the
Lusaka Stream; thence down the Lusaka Stream to its confluence with
the Baluba River; thence down the Baluba River to the northern edge of
the Kitwe - Ndola Road Reserve; thence along the edge of the Road
Reserve in a north-westerly direction Beacon BH713, the southernmost
Beacon of Farm No. 3094; thence skirting the eastern, northern and
north-western boundaries of Farms Nos. 3094, 3092 and 3093 through
Beacons BH712 and BH711 to Beacon BH714; thence north-westwads
along the northern edge of the Kitwe - Ndola Road Reserve to Beacon
K180, the southernmost corner of Farm No. 2265; thence northwards
along the eastern boundary of this farm to its north-eastern corner near
Beacon YR1466; thence northwards to the south-eastern corner of Lot
No. 573/M (formerly Lot No. 25/M) near Beacon BA57; thence
northwards to the southern boundary of the Zambia Railways Strip
Reserve (Nkana Branch Line) passing through Beacon BA56; thence
eastwards along this boundary and skirting the western southern and
eastern boundaries of Farm No. 1386 (Mabote Siding Reserve South) to
Beacon 01357; thence across the railway to Beacon 01356 on the
northern boundaries and near Mile Peg 23; thence northwards for
approximately 402 metres to the source of an unnamed tributary on the
south bank of the Mwekera Stream; thence down this tributary to its
confluence with the Mwekera Stream; thence up the Mwekera Stream to
its confluence with the Nakolwe Stream; thence up the Nakolwe Stream
to the south-western edge of the Ndola-Mufulira Road Reserve; thence
in a northerly direction along this edge of the Road Reserve to a point
due south-west of Beacon BP18K; thence in a north-easterly direction to
Beacon BP18K on the Zambia-Zaire International Boundary, the point
of starting.
EASTERN PROVINCE
CHADIZA DISTRICT
CHAMA DISTRICT
CHIPATA DISTRICT
KATETE DISTRICT
LUNDAZI DISTRICT
NYIMBA DISTRICT
PETAUKE DISTRICT
KAWAMBWA DISTRICT
MANSA DISTRICT
MWENSE DISTRICT
Starting at the confluence of the Kasenga River and the Luapula River,
the boundary follows the Zambia-Zaire International Boundary down
the Luapula River to a point approximately 2 kilometres due west of the
south-westerly tip of Kaombe Lagoon; thence due east to the
south-westerly tip of Kaombe Lagoon; thence along the southern and
eastern shores of Kaombe Lagoon to its most north-easterly corner;
thence in an east-north-easterly direction for approximately 2.5
kilometres to the Mununshi River; thence up the Mununshi River to its
confluence with an unnamed tributary; thence up this unnamed tributary
to its source; thence in a northerly direction for approximately 10
kilometres to a point on the Akatoba River; thence up the Akatoba River
to its source; thence in an east-south-easterly direction for
approximately 9 kilometres to the source of the Chibalashi River; thence
down the Chibalashi River to its confluence with the Luongo River;
thence up the Luongo River to its confluence with the Chikuna Stream;
thence up the Chikuna Stream to its source; thence in a
south-south-westerly direction for approximately 8 kilometres to the
source of the Fisaka Stream; thence down the Fisaka Stream to its
confluence with the Lupoposhi River; thence down the Lupoposhi River
to its confluence with the Kambulu Stream; thence up the Kambulu
Stream to its source; thence in a south-westerly direction for
approximately 5 kilometres to the source of the Lukwa Stream; thence
down the Lukwa Stream to its confluence with the Lufubu River; thence
down the Lufubu River to its confluence with the Kaela Stream; thence
up the Kaela Stream to its confluence with the Mipa Stream; thence up
the Mipa Stream to its source; thence in a south westerly direction for
approximately 8 kilometres to the confluence of the Makolongo and
Chisamba Streams; thence up the Makolongo Stream to its source;
thence in a south westerly direction for approximately 3 kilometres to
the source of the Luchinka Stream; thence down the Luchinka Stream to
its confluence with the Lufubu River; thence down the Lufubu River to
its confluence with the Lunogo River; thence down the Luongo River to
its confluence with the Ifumamepelo River; thence up the Ifumampelo
River to its source; thence southwards along the Muchinga Escarpment
for approximately 21 kilometres to the Mumbuluma Falls on the
Lawamfumu River; thence continuing southwards along the escarpment
for approximately 15 kilometres to the source of the Kasenga Stream;
thence down the Kasenga Stream to its confluence with the Luapula
River; the point of starting.
NCHELENGE DISTRICT
Starting at the point where the Luapula River flows into Lake Mweru on
the Zambia-Zaire International Boundary, the boundary follows the
Zambia-Zaire International Boundary in a northerly and easterly
direction to a point where the International Boundary crosses the
Musongoshi Stream; thence down the Musongoshi Stream to a point
approximately 3.5 kilometres below its confluence with the Chansa
Stream; thence in a south-westerly direction for approximately 11
kilometres to Kisebwe Beacon; thence in a south-westerly direction
through the Chisembwe Hill for approximately 48 kilometres to the
source of the Luntomfwe River; thence down the Luntomfwe River to
its confluence with the Kalungwishi River; thence up the Kalungwishi
River for approximately 44 kilometres to a point where the northern
boundary of the Lusenga Plain National Park meets the Kalungwishi
River; thence due west for approximately 4 kilometres to a point on the
Kalambanjili Stream; thence in a north westerly direction for
approximately 12.5 kilometres to a point on the Lwankole Stream;
thence in a southerly direction for approximately 6 kilometres to a point
approximately 4 kilometres due east of the Mwansamila River; thence in
a south-westerly direction for approximately 12 kilometres to a point on
the Mwansamila River; thence in a north-westerly direction for
approximately 19.5 kilometres to a point on the Mwatishi River; thence
in a southerly direction along the Muchinga Escarpment for
approximately 53 kilometres to a point where the Mbeleshi River
intersects the southern end of the Muchinga Escarpment; thence down
the Mbeleshi River to the point where it flows into Mofwe Lagoon;
thence along the southern edge of Mofwe Lagoon to its southernmost
tip; thence in a south-westerly direction for approximately 6 kilometres
to the Luapula River, about 6.5 kilometres north of the confluence of the
Luapula River with the Kapwishi Stream; thence following the Zambia
-Zaire International Boundary down the Luapula River to a point where
the Luapula River flows into Lake Mweru, the point of starting.
SAMFYA DISTRICT
LUSAKA PROVINCE
CHONGWE DISTRICT
Starting at Beacon B52 the south east corner beacon of Farm 1458, the
boundary follows the southern, western and northern boundaries of
Farm 1458 to Beacon C342 the south-western corner beacon of Farm
891; thence following the western and northern boundaries of Farm 891
to Beacon C344 on the western boundary of the Zambia Railways Strip
Reserve; thence northwards along the Zambia Railways Strip Reserve to
Beacon Y407; thence westwards to Beacon Y408 south-eastern corner
beacon of Farm 1143; thence following the southern; western and
northern boundaries of Farm 1143 and the northern boundary of Farm
3262 to Beacon Y412 on the western boundary of the Zambia Railway
Strip Reserve; thence northwards along the Zambia Railways Strip
Reserve to Beacon Y413 the north-eastern beacon of Farm No. 1144;
thence northwards along the western boundary of Zambia Railways
Strip Reserve Y417 the south-eastern corner beacon of Farm 1145;
thence following the southern, western and northern boundaries of Farm
No. 1145 to Beacon Y420 on the western boundary of Zambia Railways
Strip Reserve; thence following the western boundary of the Zambia
Railways Strip Reserve to Beacon Y426 the south-eastern corner of
Farm 1148; thence along the southern boundaries of Farm 1148 and
Farm 1149 to Beacon Y428; thence along the western boundary of Farm
1149 to Beacon Y429; thence along the northern boundaries of Farm
1149 and Farm 1148 to Beacon Y431 on the western boundary of the
Zambia Railways Strip Reserve; thence northwards along Zambia
Railways Strip Reserve to Beacon Y437; thence eastwards across the
Zambia Railways Strip Reserve to Beacon Y436 the north-western
corner Beacon of Farm 3238; thence along the northern boundary of
Farm 3238 to Beacon Y435; thence north-eastwards and eastwards
along southern boundaries of Farm No. 3137 through Beacon J514 to
Beacon J515 the south-western corner beacon of Farm 2011; thence
along southern boundary of farm 2011 to Beacon J516 the
south-western corner beacon of Farm 2012; thence south eastwards
along the southern boundary of Farm 2012 through Beacon T412 to
Beacon T411 its south-eastern corner; thence on a bearing of 140
degrees for distance of 7 kilometres to Kanakampuyu Hill; thence
eastwards to the most westerly peak of Chainama Hills; thence
eastwards along the crest of the Chainama Hills to their most easterly
peak; thence on a bearing of 25 degrees for a distance of 21 kilometres
to Beacon E, the south-western corner beacon of Farm 217a
"FORMOSHI"; thence eastwards along the southern boundary of Farm
217a to Beacon H; thence eastwards for a distance of 15 kilometres to
the most easterly peak of the Kito Hills; thence on a bearing of 48
degrees for of 17 kilometres to the confluence of the Mwapula and
Lunsemfwa Rivers near Beacon RU 39; thence on a bearing of 132
degrees for a distance of 18 kilometres to Beacon MA 138 the
north-western corner beacon of the cancelled minerals area "Blanche"
No. 255m; thence following the northern boundary of this cancelled
mineral area through Beacon MA 137 to Beacon M173 the north eastern
corner beacon thereof; thence on a bearing of 90 degrees for a distance
of 16 kilometres to a point due south of the confluence of the Shindabwe
and Lunsemfwa Rivers; thence on a bearing of 360 degrees for a
distance of approximately 19 kilometres to the confluence of the
Shindabwe and Lunsemfwa Rivers; thence down the Lunsemfwa River
to its confluence with the Luangwa River thence down the Luangwa
River to its confluence with the Mulambwa River; thence westwards up
the Mulambwa River to a point due south of Mkukunya Hills; thence on
a bearing of 204 degrees for a distance of 10 kilometres to Chiliwe
Champanshya Hill; thence on a bearing of 196 degrees for a distance of
7 kilometres to Chakweva Hill; thence on a bearing of 233 degrees for a
distance of 23 kilometres to Malowa Hill; thence on a bearing 246
degrees for a distance of 17 kilometres to Kaulashishi Hill; thence on a
bearing of 224 degrees for a distance of 18 kilometres to Chivago Hill;
thence on a bearing of 237 degrees for a distance of 46 kilometres to a
point where the Chongwe River emerges from the escarpment; thence
up the Chongwe River to its confluence with the Luimba River; thence
south westwards along the boundary of the Soli wa Manyika Reserve for
a distance of 21 kilometres; thence north-westwards along the boundary
of the Soli wa Manyika for a distance of 9 kilometres to Beacon F17 the
south-eastern corner beacon of Farm 322a; thence south westwards to
Beacon C366 the south western corner beacon of Farm No. 902; thence
north western through Beacons C367, F13 and Beacon QD39 to Beacon
F98 the south-eastern corner beacon of Farm No. 311a; thence
north-westwards to Beacon F90 the south-western corner of Farm No.
311a; thence north-westwards through Beacon KL595 to Beacon
KL594 on the eastern boundary of the Lusaka South Extension Local
Forest No. 555; thence northwards along the eastern boundaries of
Lusaka South Extension Local Forest No. 55 and Lusaka South Local
Forest No. 26 to Beacon F110 the north-western corner beacon of Farm
No. 2658; thence along the northern boundary of Farm No. 2658
through Beacon F106 to Beacon 103 the north-eastern corner beacon of
Farm 2658; thence north-eastwards along the western boundary of Farm
No. 451a through Beacon F105 to Beacon F102 the south eastern corner
Beacon of Farm No. 301a; thence along the southern boundary of Farm
No. 301a to Beacon A4 the south-western corner beacon of Farm No.
301a on the Mukamanya River; thence up the Mukamanya River to
Beacon F4 on the left bank of this River; thence along the northern
boundary of Farm No. 298a to Beacon F3; thence northwards along the
western boundaries of Farms Nos. 28a and 382a through Beacons MA
221 GAU, crossing the Chalimbana River, B91, B72, to Beacon B73;
thence along the western boundaries of subdivisions 5, 4, 3 and 2 to
subdivision A of Farm No. 379a to Beacon N; thence north-eastwards to
Beacon OH 838 the north-eastern corner beacon of subdivision H of
Farm 32a; thence along the northern boundary of subdivision H of Farm
32a of Beacon OH 839; thence south-westwards along the western
boundary of subdivision H of Farm 32a Beacon Y394; thence along the
southern boundaries of subdivision E and F through Beacon Y393 to
Beacon OH 588; thence on a bearing of 13.5 degrees for a distance of
800 metres to Beacon OH 587; thence on a bearing of 326.5 degrees for
a distance of 2475 metres to Beacon BYY on the eastern bank of
Ngwerere River; thence along the southern boundary of Farm 372a to
Beacon UU; thence along the southern boundary of Farm 2778 to
Beacon 0438 on the eastern edge of the Zambia Railways Strip Reserve;
thence across the Zambia Railways Strip Reserve to Beacon 0443 the
south-western corner beacon of Farm 1140; thence along the southern
and western boundaries of Farm 1140 through Beacon Y405 to Beacon
B52 the north-western corner beacon of Farm 1140, the point of starting.
KAFUE DISTRICT
LUANGWA DISTRICT
LUSAKA DISTRICT
NORTHERN PROVINCE
CHILUBI DISTRICT
CHINSALI DISTRICT
Starting at the confluence of the Mansha and Chambeshi Rivers; the
boundary follows up the Chambeshi River to its confluence with the
Kalungu River and up this river to its confluence with the Lungu
Stream; thence up this stream to its confluence with the Chilunda
Stream; thence up the Chilunda Stream to its confluence with the
Kalambasama Stream; thence up the Kalambansama Stream to its
confluence with the Mbewa Stream and up the Mbewa Stream to its
source; thence southwards to the source of the Mansonke Stream and
down that stream to its confluence with the Vilolo Stream; thence up the
Vilolo Stream to its confluence with the Kasakalawe Stream; thence up
that stream to its confluence with the Mitawa Stream; thence up the
Mitawa Stream to its source; thence in a southerly direction to the
source of the Kachinga Stream and down the Kachinga Stream to
south-westerly and southerly direction along the watershed passing
through the headwaters of the Musi River to the source of the Visongo
Stream; thence down the Visongo to its confluence with the Mwambwa
River; thence down the Mwambwa River to its confluence with the
Chimimbya Stream; thence up a southerly direction to the beacon on
Nangoyo Hill; thence in a southerly direction, crossing the confluence
of the Chiteya and Kabali Stream to the beacon on Ngosatungwa Hill;
thence in a south-westerly direction to the beacon on Mabundi Hill
(source of the Mabundu Stream); thence in a southerly direction to the
beacon on Iwewe Hill; thence in a westerly direction to the source of the
Chindoshi Stream; thence down the Chindoshi Stream to its confluence
with the Luswa River; thence up the Luswa River to its confluence with
the Mumbwe Stream and up the Mumbwe Stream to its confluence with
the Chishibesonde Stream; thence westwards to the source of the
Mumbo Stream and down the Mumbo Stream to its confluence with the
Lufila River; thence in a southerly direction to the source of the Chitwe
Stream and down the Chitwe Stream to its confluence with the
Mwaleshi River; thence down the Mwaleshi River to its confluence with
the Chawala Stream; thence up the Chawala Stream to its source; thence
in a westerly direction to the source of the Mwanswa Stream; down the
Mwanswa Stream to its confluence with the Kapamba River and up the
Kapamba River to its confluence with the Isase Stream; thence up the
Isase Stream to Beacon C786, the north-western beacon of Farm No.
1367 "Katibunga Mission", situated on the right bank of this stream;
thence south-eastwards along the south-western boundary of this farm
to where it intersects the Kapamba River; thence up the Kapamba River
to its source; thence in a westerly direction to the source of the Mwatesi
Stream; thence northwards crossing the Mpika-Chinsali Motor Road, to
the confluence of the Malamba and the Mukungwa Stream; thence to the
confluence of the Kamisengo Stream and the Kabale River and
northwards across the Kabale River to Mulumewangombe Hill; thence
northwards along the watershed between the Kabale River on the west
and the Lukalasi Road on the east passing through Mukowenshi
Trigonometrical Beacon to the source of the Kanyelele River and down
the Kanyelele River to its confluence with the Kanchibya River; thence
up the Kanchibya River to its confluence with the Tulo Stream and up
the Tulo Stream to its source; thence to the source of the Lwanya River;
thence to the source of the Kampemba Stream to its confluence with the
Lubabula River; thence down the Lubabula River to its confluence with
the Mansha River and down the Mansha River to its confluence with the
Chambeshi River, the point of starting.
ISOKA DISTRICT
KASAMA DISTRICT
LUBINGU DISTRICT
Starting at the source of the Buchende Stream, the boundary follows the
Buchende Stream to its confluence with the Lubansenshi River; thence
down the Lubansenshi River to a point on it due east of the source of the
Kasala Stream; thence in a straight line westwards to the source of the
Kasala Stream; thence down the Kasala Stream to its confluence with
the Lukutu River to its confluence with the Lubilikila Stream; thence up
the Lubilikila Stream to its confluence with the Bulilo direction to a
point on the Lumbwe Masabo Dambo; thence in a north-westerly
direction to a point on the Kapunda Mubende Dambo; thence on a
bearing of 178 degrees for a distance of approximately 3 kilometres to a
point on the Luena River south-west of Mubanga Village; thence down
the Luena River to its confluence with the Lwelangwa Stream; thence
up the Lwelangwa Stream to its confluence with the Kalindi Stream;
thence on a bearing of 50 degrees for a distance of approximately 22
kilometres to the source of the Lupepe Stream; thence down the Lupepe
Stream to the point where it flows into Lake Bangweulu; thence on a
bearing of 50 degrees for a distance of approximately 7 kilometres to a
point midway between Chindo Island and Ibula Island; thence in a
straight line in a north-westerly direction to the mouth of the Lupososhi
River; thence up the Lupososhi River to its confluence with the Katilye
Lagoon; thence across the Katilye Lagoon to its confluence with the
Mwampanda River; thence up the Mwampanda River to its confluence
with the Michinka Stream; thence up the Michinka Stream to its source;
thence southwards for approximately 2 kilometres to the westerly
source of the Litandashi River; thence down the Litandashi River to its
confluence with the Lunda River; thence up the Lunda River to its
source; thence northwards for approximately 0.5 kilometres to the
source of the Mwampanda River; thence leaving the source of the
Mwampanda River to the north-east to the source of the Luchinka
Stream; thence down Luchinka Stream to a point directly west of the
source of the Makolongo River; thence down Makolongo River to its
confluence with the Chisamba Stream; thence north-eastwards for
approximately 8 kilometres to the source of the Mipa Stream; thence
down the Mipa Stream to its confluence with the Kaela Stream; thence
down the Kaela Stream to its confluence with the Lufubu River; thence
up the Lufubu River to its confluence with the Lukwa Stream; thence up
this stream to its source; thence north-eastwards for approximately 4
kilometres to the source of the Kambulu Stream; thence down the
Kambulu Stream to its confluence with the Lupososhi River; thence up
the Lupososhi River to its source; thence eastwards for approximately
14 kilometres to the source of the Greater Lwenge Stream; thence down
the Greater Lwenge Stream to its confluence with the Lufubu River;
thence up the Lufubu River to its source; thence north-eastwards for
approximately 5 kilometres to the source of the Ngona River; thence
eastwards for approximately 6 kilometres to the source of the Buchende
Stream, the point of starting.
MBALA DISTRICT
MPIKA DISTRICT
MPOROKOSO DISTRICT
Starting at the confluence of the Kalungwishi River with the Itabu River,
the boundary follows the Itabu River upstream to a point 3 kilometres
below the Yangumwila Falls; thence north-eastwards for approximately
15 kilometres to a point on the Mukubwe River 6.5 kilometres below the
Lupupa Falls; thence along the Muchinga Escarpment for
approximately 165 kilometres to a point on the D19 road; thence
eastwards along the D19 road for approximately 67 kilometres to a point
due north of the source of the Kasingashi Stream; thence to the source of
the Kasingashi Stream; thence down this stream to its confluence with
the Mwelushi Stream; thence down the Mwelushi Stream to its
confluence with the Lupombe River; thence down the Luombe River to
its confluence with the Kafubu River; thence up to its source; thence
westwards for approximately 7.5 kilometres to the source of the eastern
tributary of the Mwelekumbi River; thence down the Mwelekumbi
River to its confluence with the Lukulu River; thence down the Lukulu
River to its confluence with the Lubala River; thence up this river to its
confluence with the Mungwe Stream; thence up the Mungwe Stream to
its source; thence southwards for approximately 2 kilometres to the
source of the Lubushi Stream; thence down this stream to its confluence
with Mayebwe Stream; thence up this stream to its source; thence along
the southern base of the Mpalapata Hills to the source of the Fitaba
Stream; thence down the Fitaba Stream to its confluence with the
Lubansenshi River; thence up the Lubansenshi River to its confluence
with the Lubansenshi River; thence up the Lubansenshi River to its
confluence with the Buchende Stream; thence up this stream to its
source; thence westwards for approximately 7 kilometres to the source
of the Ngona River; thence down this river to its confluence with the
Kalungwishi River; thence down the Kalungwishi River to its
confluence with the Itabu River, the point of starting.
NAKONDE DISTRICT
NORTH-WESTERN PROVINCE
MUFUMBWE DISTRICT
KABOMPO DISTRICT
KASEMPA DISTRICT
MWINILUNGA DISTRICT
SOLWEZI DISTRICT
ZAMBEZI DISTRICT
SOUTHERN PROVINCE
CHOMA DISTRICT
GWEMBE DISTRICT
KALOMO DISTRICT
LIVINGSTONE DISTRICT
MAZABUKA DISTRICT
MONZE DISTRICT
NAMWALA DISTRICT
SIAVONGA DISTRICT
Starting at the confluence of the Kafue River with the Zambezi River,
the boundary proceeds eastwards in a straight-line to a point on the
International Boundary between Zambia and Zimbabwe; thence along
the International Boundary in the southern direction to a point southwest
of the confluence of the Lufua River with the Zambezi River; thence in a
straight line to the confluence of the Lufua River with the Zambezi
River; thence up the Lufua River to its confluence with Lutembo River;
thence in a straight line to Nakasonso Hill; thence the Boundary follows
the Zambezi Valley escarpment eastwards to the point where the Lusitu
River breaks through this escarpment; thence in a straight line
north-westwards to the source of the Malengo Stream; thence down the
Malengo Stream to its confluence with the Musaya River; thence down
the Musaya River to its confluence with the Nakayombwe Stream;
thence up the Nakayombwe Stream to its source; thence in a straight line
in a northerly direction to the source of the Lusangazi Stream; thence
down the Lusangazi Stream to its confluence with the Wamba Stream;
thence down the Wamba Stream to its confluence with the Kafue River;
thence down the Kafue River to its confluence with the Zambezi River,
the point of starting.
SINAZONGWE DISTRICT
WESTERN PROVINCE
KALABO DISTRICT
KAOMA DISTRICT
Starting at the confluence of the Luena River and the Likolomani River,
the boundary follows the Luena River upstream to its confluence with
the Nabowa River; thence up the Nabowa River to its source; thence in a
north-easterly direction for approximately 14 kilometres to the source of
the Mwimba River; thence down the Mwimba River to its confluence
with the Dongwe River; thence up the Dongwe River to its confluence
with the Lalafuta River; thence up the Lalafuta River to its source;
thence southwards along the watershed of the Zambezi River and Kafue
River for approximately 225 kilometres to the source of the Machili
River; thence westwards and northwards along the watershed of the
Luampa River and the Njoko River for approximately 120 kilometres to
the source of the Lumba River; thence north-westwards for
approximately 55 kilometres to the confluence of the Nakayembe and
Siyowe Rivers; thence in a north-westerly direction for approximately
74 kilometres to a point 1.5 kilometres west of Kaba Hill Mission;
thence in a northerly direction for approximately 23 kilometres to the
confluence of the Luena River and the Likolomani River; the point of
starting.
LUKULU DISTRICT
MONGU DISTRICT
SENANGA DISTRICT
SESHEKE DISTRICT
CHAPTER 287
THE CHIEFS ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Recognition of Chiefs
4. Withdrawal and suspension of recognition accorded to Chiefs
5. Inquiries
6. Deputy Chiefs
7. Exclusion of former Chief or Deputy Chief from specified area
8. Payment of subsidies to Chiefs and Deputy Chiefs
9. Kapasus
10. Functions of Chiefs and Deputy Chiefs
11. Preservation of public peace
12. Offences and penalties
13. Institution of prosecutions
14. Payments under this Act
15. Savings
CHAPTER 287
CHIEFS
"Deputy Chief" means a person holding office under this Act as the
deputy to a Chief;
3. (1) Subject to the provisions of this section, the President may, by Recognition of
statutory order, recognise any person as being, within the area in Zambia Chiefs
specified in the order, the holder of-
(a) the President is satisfied that such person is entitled to hold the
office under African customary law; and
(b) in the case of a chiefly office in the Western Province, other than
the office of Litunga, the person to whom recognition is accorded is
recognised by the Litunga and traditional council to be a member of a
ruling family in the Western Province.
4. (1) The President may, by statutory order, withdraw the recognition Withdrawal and
accorded to any person under this Act if, after due inquiry, he is satisfied suspension of
that- recognition
accorded to
Chiefs
(a) the person has ceased to be entitled under African customary law
to hold the office in respect of which recognition was accorded; or
5. The President may appoint a person or persons to inquire into any Inquiries
question relating to the recognition of any person under this Act or the
withdrawal of the recognition accorded to any such person and, on the
completion of the inquiry, to report and make recommendations thereon
to the President.
6. (1) After consultation with a Chief and his traditional councillors, the Deputy Chiefs
President may, by statutory order-
(2) As soon as the President is satisfied that the necessity for the
prohibition contained in a notice given under subsection (1) no longer
exists, he shall cancel it by further notice under his hand.
(3) A notice given under this section shall be served personally on the
person to whom it relates or, if he cannot be found, shall be published in
the Gazette.
8. There shall be paid to every Chief and Deputy Chief, for the purpose Payment of
of enabling him to maintain the status of his office and to discharge the subsidies to
traditional functions of his office under African customary law in a fit Chiefs and
and proper manner, such subsidies as the President may determine. Deputy Chiefs
9. (1) There shall be attached to every Chief and Deputy Chief, for the Kapasus
purpose of aiding and assisting him in the discharge of the functions of
his office, such number of kapasus as the President may determine.
(3) It shall be the duty of a kapasu promptly to obey and execute all
lawful directions given to him by the Chief or Deputy Chief to whom he
is attached.
10. (1) Subject to the provisions of this section, a Chief shall discharge- Functions of
Chiefs and
Deputy Chiefs
(a) the traditional functions of his office under African customary Cap. 1
law in so far as the discharge of such functions is not contrary to the
Constitution or any written law and is not repugnant to natural justice or
morality; and
(2) A Chief shall not discharge any of the functions of his office which
have been transferred under this Act to a Deputy Chief.
(3) A Deputy Chief shall discharge such functions of the office of the
Chief to whom he is a deputy as have been transferred to him under this
Act.
11. (1) Every Chief is hereby required to preserve the public peace in Preservation of
his area and to take reasonable measures to quell any riot, affray or public peace
similar disorder which may occur in that area.
(a) require any male person in the vicinity to assist him in quelling
the riot, affray or disorder;
(3) Any person required under paragraph (a) of subsection (2) to assist a
kapasu who, without reasonable excuse, refuses or fails to do so, shall be
guilty of an offence and liable on conviction to a fine not exceeding
seven hundred and fifty penalty units or to imprisonment for a period
not exceeding three months, or to both.
13. No prosecution shall be instituted against any person for an offence Institution of
under this Act without the written consent of the Director of Public prosecutions
Prosecutions.
14. All subsidies, salaries and allowances payable under this Act shall Payments under
be paid out of moneys appropriated by Parliament for the purpose. this Act
15. (1) Any person who, immediately before the commencement of this Savings
Act-
(b) was recognised under the Barotse Native Authority Act, Chapter
159 of the 1965 Edition of the Laws, as the Litunga of the Western
Province; or
(c) was recognised under the Native Authority Act, Chapter 157 of
the 1965 Edition of the Laws, as a Paramount Chief, Senior Chief, Chief
or Sub-Chief;
shall be deemed to have been accorded equivalent recognition under this
Act.
CHAPTER 288
THE DISTRICT MESSENGERS ACT
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
APPOINTMENT AND CONDITIONS OF SERVICE OF
DISTRICT MESSENGERS
PART III
POWERS, DUTIES AND DISCIPLINE OF DISTRICT
MESSENGERS
PART IV
MISCELLANEOUS
SCHEDULE-Form of declaration
CHAPTER 288
DISTRICT MESSENGERS
PART I
PRELIMINARY
1. This Act may be cited as the District Messengers Act. Short title
PART II
3. (1) Every District Messenger shall, before acting as such, make and Appointment of
sign before a magistrate a declaration in the form set out in the Schedule. District
Messengers
PART III
6. (1) Every District Messenger shall have and may exercise all the Powers and
powers, rights, duties and protection for the time being conferred, duties, etc., of
imposed or afforded to police officers under the rank of Sub-Inspector District
by any written law or by the common law, and where, in connection Messengers
with any such power, right, duty or protection reference is made in any
written law to the superior officer of a police officer, such reference
shall be construed, in relation to a District Messenger, as being a
reference to an Administrative Officer.
(3) In addition to any other duties imposed upon him by this or any
other written law, a District Messenger shall-
(a) perform and carry out any duties or instructions imposed upon or
conveyed to him in accordance with any general or special directions
issued by an Administrative Officer;
(c) at all times do, subject to any general or special directions of any
Administrative Officer, all such things which are lawful and which it is
necessary for him to do for the better administration of the Republic.
(As amended by S.I. No. 66 of 1965)
PART IV
MISCELLANEOUS
7. Any person who assaults, resists or wilfully obstructs or hinders any Obstruction,
District Messenger acting in the due execution of his duty, or who etc., of District
assaults, resists or wilfully obstructs or hinders any other person acting Messengers
in aid of a District Messenger, shall be guilty of an offence and shall be
liable to imprisonment for a period not exceeding five years.
(As amended by G.N. No. 339 of 1964)
9. Any person convicted of an offence under the provisions of this Act General penalty
for which no other penalty is expressly provided shall be liable to a fine
not exceeding one thousand five hundred penalty units or to
imprisonment for a period not exceeding six months, or to both.
(As amended by G.N. No. 339 of 1964 and Act No. 13 of 1994)
10. The Minister may, by statutory instrument, make regulations for Regulations
the better carrying out of the provisions of this Act and the general
governance of District Messengers.
(As amended by G.N. No. 339 of 1964 and S.I. No. 66 of 1965)
SCHEDULE
(Section 3 (1))
FORM OF DECLARATION
I do solemnly and
sincerely declare that I will be faithful and bear true allegiance to the President of the
Republic of Zambia during my service as a District Messenger, and will obey all lawful
orders of the President and of the officers placed over me, and will subject myself to all
Acts, Orders and Regulations relating to District Messengers now in force or which may
from time to time be in force.
Signature or mark of District Messenger
DECLARED AT this....................................................day
of 19......................
BEFORE ME
(Magistrate)
(S.I. No. 66 of 1965)
CHAPTER 289
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
REGISTRATION OF VILLAGES AND THEIR
INHABITANTS
PART III
PROVISIONS RELATING TO THE ESTABLISHMENT,
COMPOSITION
AND FUNCTIONS OF A VILLAGE PRODUCTIVITY
COMMITTEE
PART IV
PROVISIONS RELATING TO THE ESTABLISHMENT,
COMPOSITION
AND FUNCTIONS OF A WARD COUNCIL
PART V
PROVISIONS RELATING TO THE ESTABLISHMENT,
COMPOSITION
AND FUNCTIONS OF A WARD DEVELOPMENT
COMMITTEE
PART VI
POWERS AND DUTIES OF A CHIEF
PART VII
OFFENCES, PENALTIES AND GENERAL
PART I
PRELIMINARY
1. This Act may be cited as the Registration and Development of Short title
Villages Act.
"Chief" shall have the meaning assigned to it in section two of the Chiefs Cap. 287
Act, and shall include a Senior Chief;
"councillor" shall have the meaning assigned to it in section two of the Cap. 281
Local Government Act;
"inhabitant" means a villager who has attained the age of fourteen years
and who habitually and in fact resides in a village;
"rural area" shall have the meaning assigned to it in section two of the Cap. 281
Local Government Act;
"ward" shall have the meaning assigned to it in section two of the Local Cap. 282
Government Elections Act;
PART II
(c) assist a Chief in his district to compile and maintain the master
village register.
(2) A Headman shall-
(a) prepare and maintain the village register for his village in which Cap. 126
shall be recorded, in so far as they can be ascertained, the following
particulars in respect of such village and its inhabitants:
(i) the name of the village;
(ii) the name of the Headman;
(iii) the name in full of every inhabitant;
(iv) sex;
(v) date or apparent year of birth;
(vi) place of birth;
(vii) race or declared national status;
(viii) number of national registration card issued under
section eight of the National Registration Act;
(ix) date on which an inhabitant ceases to be an
inhabitant in his village;
(x) date of death of an inhabitant; and
(xi) such other particulars as may be prescribed;
(c) in any event, at least once in every six months, furnish his Chief
with the information relating to any inhabitant who, during the previous
six months, has ceased to be an inhabitant for any reason whatsoever,
and likewise furnish the necessary information to his Chief within the
like period in respect of any new inhabitant in his village.
(a) ensure that every Headman duly performs the duties imposed
upon him pursuant to subsection (2); and
(b) compile and maintain the master village register of all villages in
his area mentioned in paragraph (a) (ii) of subsection (1).
(4) Every inhabitant of a village shall furnish the particulars mentioned
in subsection (2) when required by his Headman and shall attend before
him at such place and time as the Headman may appoint and notify to
him either individually or collectively with other inhabitants of the
village.
(a) he has attained the age of at least fourteen years at the time of
making such request;
(2) Any person to whom the provisions of subsection (1) apply shall be
entitled to reside in such village and, on his becoming an inhabitant of
that village, the provisions of this Act shall apply to him in the same
manner as they apply to any other inhabitant of that village.
PART III
(2) Each Productivity Committee shall consist of not less than six and
not more than ten inhabitants (who shall not be less than twenty-one
years of age) including the Headman in the case of one village and the
Headman from each village in the case of a combination of villages
mentioned in subsection (1), and there shall be-
(b) if he remains out of his village for more than three months; or
8. The functions and duties of the Productivity Committee shall be as Functions and
described in the First Schedule. duties of
Productivity
Committee
PART IV
(a) the Chairman who shall be the councillor elected for the ward in Cap. 281
accordance with the provisions of the Local Government Act, who shall
hold such office so long as he continues to hold the office of a councillor
for the same ward and who shall not be entitled to any remuneration in
respect of such office;
(3) The Secretary/Treasurer of the Ward Council shall hold his office
until another person is elected and appointed in his place.
(5) The members of the Ward Council except the Chairman shall be
elected every three years.
(6) The councillor of each ward shall summon the first meeting of the
Ward Council within a reasonable time after he is informed by the
Chairman of each Productivity Committee within the area of his ward of
the names of the members of the Productivity Committee elected in
accordance with subsection (1) of section seven.
(7) A meeting of the Ward Council shall be held not less than twice in
each year and it shall be the duty of the Chairman to convene a meeting
once in each year to review the progress made in each ward during the
previous year, and once later in the same year to approve the budgetary
estimates of the Ward Development Committee for the succeeding year.
(8) The Chairman may at any time convene a special meeting of the
Ward Council, and shall convene a special meeting at the request of the
Chairmen of any three Productivity Committees in his ward to discuss
any matter affecting the welfare of the ward.
(9) At any meeting of the Ward Council a majority of its members shall
form a quorum.
(10) Any question proposed for decision of the Ward Council shall be
determined by a majority of votes of the members present and voting at
the meeting.
(11) At any meeting of the Ward Council the members present shall
have one vote each on a question proposed for decision and, in the event
of an equality of votes, the person presiding at the meeting shall have a
second vote.
12. The functions and duties of the Ward Council shall be as described Functions and
in the Second Schedule. duties of Ward
Council
(i) the Chairman of the rural council described in the Local Cap. 281
Government Act, of which rural council he is a councillor; and
(ii) the District Secretary under whose jurisdiction falls the rural
area of which the Chairman of the Ward Council is a councillor; and
PART V
14. (1) The Ward Council shall establish a Development Committee Provisions
(hereinafter referred to as the "Ward Development Committee") in each relating to the
ward of a rural area, comprising not more than ten members to be establishment
elected by the Ward Council from among its members. of a Ward
Development
Committee
(4) The Chairman may at any time convene a meeting of the Ward
Development Committee.
15. The Ward Development Committee shall be the executive Functions and
committee of the Ward Council mentioned in section eleven, and shall duties of Ward
be responsible for the administration and development of the ward as a Development
whole, and its functions and duties shall be as described in the Third Committee
Schedule.
16. (1) The funds of the Ward Development Committee shall consist Funds of Ward
of- Development
Committee
(4) The records mentioned in subsections (2) and (3) shall be audited Cap. 281
periodically by the auditor to the rural council more fully described in
subsection (2) and appointed under section fifty-six of the Local
Government Act.
PART VI
17. A Chief may, at any time, within his area attend a meeting of the Powers of a
Productivity Committee, the Ward Council or the Ward Development Chief
Committee and address the respective members thereof on any subject
conducive to the well-being of the villagers in his area.
18. Under the provisions of this Act and in addition to the duties Duties of a
imposed upon him under subsection (3) of section three, the duties of a Chief
Chief in his area shall be-
(a) to ensure that the Productivity Committees are established and
are functioning effectively;
(b) to promote and foster the spirit of unity among his people;
(c) to promote the spirt of self-reliance among his people by
rendering all possible assistance in the projects relating to higher
productivity in agriculture and industry;
(d) to encourage such projects which may improve the standard of
living of his people;
(e) to encourage educational and economic growth and to assist in
the improvement of all facilities necessary for the maintenance of health
and sanitation in the villages;
(f) to report to the Productivity Committees and Ward Development
Committees the decisions reached in the House of Chiefs affecting or
concerning his people; and
(g) to report to the District Governor mentioned in section thirteen
(c) (ii) on all activities of the Productivity Committees and Ward
Development Committees.
PART VII
1. To elect one of its members other than the Chairman to represent the Productivity
Committee on the Ward Council.
2. To plan the growth and development of a village and to promote the well-being of the
villagers, and in particular-
(a) to build, improve and maintain school buildings or buildings of other educational
establishments, and to participate in all educational programmes;
(b) to provide and improve water supplies in the village;
(c) to build and improve village health centres and other like institutions with a view to
ensuring the highest standard of sanitary conditions for the villagers;
(d) to build roads to service the village and neighbouring villages;
(e) to establish depots for serving the village;
(f) to build an administrative centre in the village;
(g) to provide facilities for the welfare, recreation and social enjoyment of the villagers;
(h) to plan and to effectuate the establishment and growth of new villages.
3. To make decisions on such matters as are referred to it by the villagers.
4. To promote the spirit of unity among the villagers.
5. To encourage greater production in agriculture.
6. To organise the marketing of village produce and animal products.
7. To establish co-operatives for the purposes of marketing village produce and animal
products.
8. To promote and encourage family savings and investment.
9. To promote the establishment of small-scale village industries and encourage
inter-village commerce.
10. To encourage advancement of education in a village.
11. Generally, to do all such things as may be necessary or desirable for the establishment,
promotion and development of facilities for the betterment and happiness of the villagers
socially, culturally, economically and politically and to create awareness among the
villagers towards those ends.
SECOND SECHEDULE
(Section 12)
CHAPTER 290
THE MARKETS ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Establishment of markets
4. Management of markets
5. Regulations and by-laws
6. Market leases
7. Fees, etc., to be paid into general fund of local authority
7A. Market levy
8. Markets not to be established without authority
9. Markets not to be continued after closing order
10. Exemption
CHAPTER 290
MARKETS
21 of 1937
An Act to provide for the establishment and management of markets;
48 of 1951
and to provide for matters incidental thereto or connected therewith.
69 of 1965
[24th December, 1937] Government
Notices
202 of 1964
338 of 1964
481 of 1964
Act No. 7 of
1988
13 of 1994
3. (1) The Minister or, with the approval of the Minister, a local Establishment
authority, may- of markets
(b) provide all such matters and things as may be necessary for the
convenient use of the market;
(c) take stallages, rents, fees and tolls in respect of the use by any
person of any market;
(2) The powers conferred by paragraphs (b), (c), (d) and (e) of
subsection (1) may be exercised in respect of a market established under
this Act or before the commencement of this Act.
(As amended by G.N. No. 338 of 1964 and No. 69 of 1965)
5. (1) The Minister may, by statutory instrument, make regulations, and Regulations and
a local authority may make by-laws for the purposes following: by-laws
(a) regulating the use of markets and market buildings, and keeping
order, preventing obstructions, and maintaining cleanliness therein or in
the approaches thereto;
(c) prohibiting the sale of any specified kind of goods within any
specified area (hereinafter referred to as the market area) except in a
market established under this Act;
(m) the inspection of any specified produce, the fixing of grades and
the manner of inspection and grading; and
(n) generally for carrying into effect the purposes of this Act.
(2) All by-laws made by a local authority under this section shall be in
the English language:
(3) The provisions of sections eighty-six, eighty-seven and eighty-eight Cap. 281
of the Local Government Act shall, with the necessary modifications,
apply in relation to by-laws made under this section as they apply in
relation to by-laws made under that Act.
(4) Any person who contravenes a by-law or regulation made under this
section shall be guilty of an offence and liable, on conviction, to a fine
not exceeding one thousand five hundred penalty units or to
imprisonment for a period not exceeding six months, or to both.
(As amended by No. 48 of 1951, G.N. No. 202 of 1964 and No. 69 of
1965 and No. 13 of 1993)
(2) Every grantee of a market lease is, in this Act, referred to as a market
lessee.
(3) The period of a market lease shall be determined in each case by the
Minister.
(4) The following authorities are empowered to make market leases, the
grant of which has been approved by the Minister under subsection (1),
namely in respect of markets established:
(b) in any other area, the Provincial Local Government Officer for
the Province in which such area is situate.
(5) A market lease shall be in writing and shall contain provisions to the
following effect:
7A. (1) Every person who desires to sell goods in any market shall pay Market levy
to the person to whom stallage, rents, tolls and fees are ordinarily paid, a
levy in the sum of ten kwacha per month.
(2) All the monies collected under the provisions of subsection (1) shall
be paid into the general fund of the District Council, and shall be used
for the development of markets.
(As amended by No 7 of 1988)
8. (1) After the commencement of this Act no person shall, without the Markets not to
consent of the Minister- be established
without
authority
9. Whenever the Minister, or, with the approval of the Minister, a local Markets not to
authority, shall have ordered any market, whether established before or be continued
after the commencement of this Act, to be closed, any person who after closing
having control over the market or the land on which the market is held order
shall keep the market open or permit it to be used as a market after he
has been notified of such order shall be liable to the penalties prescribed
in subsection (2) of section eight, and any person who shall sell or
purchase any goods in such market after having been notified of such
order as aforesaid shall be liable to a fine not exceeding thirty penalty
units.
(As amended by G.N. No. 338 of 1964 and No. 69 of 1965 and
Act No. 13 of 1993)
10. Nothing in this Act shall be taken to apply to markets established Exemption
or maintained by any person upon land owned, leased or lawfully
occupied by him primarily for the supply of persons employed by him
upon such land.
SUBSIDIARY LEGISLATION
MARKETS
All that piece of land known as Plot No. J5, Chibuluma, and shown
on the Chibuluma Plan which is deposited in the Works Office of
Chibuluma Division, City Council of Kitwe.
Division
An unsurveyed plot approximately a quarter of an acre in extent
situate in the northern corner of the central car park at the rear of
Plot No. 81, Chililabombwe.
LUBENGELE MARKET
Starting at a point 228.6 metres in a south-westerly direction from
Beacon CG218 on the line CG218-CG219, the boundary passes in a
north-easterly direction at an angle of 124 degrees for a distance of
143.256 metres; thence in a south-westerly direction at an angle of
90 degrees to rejoin line CG218-CG219, being an area
approximately 1.09269 hectares in extent in the Lubengele Suburb,
as shown on the copy of Plan No. BMB/M.1 deposited in the Works
Office of Chililabombwe Division, Municipal Council of Chingola.
District No. 17/7 and thereon marked "Market", which plan is deposited with the Town Clerk,
Municipal Council of Chingola.
MAITENEKE MARKET
Plot No. 2, Ndungu Road, in the Chiwempala Area of the Chingola
Municipality.
Township Council
All that area situated on a special site within the Suburb shopping
area demarcated as the Suburb Market on Plan Serial 112, dated 18th
March, 1948.
MWAMI MARKET
All that area approximately 60 square metres in extent and shown
bordered green on Drawing No. 4/CH/M/74, a copy of which is
deposited in the office of the Secretary, Chipata Rural Council.
KAULEMBE MARKET
All that area approximately 59 square metres in extent and shown
bordered green on Drawing No. 2/CH/M/74, a copy of which is
deposited in the office of the Secretary, Chipata Rural Council.
KAZIMULE MARKET
All that area approximately 90 square metres in extent and shown
bordered green on Drawing No. 3/CH/M/72, a copy of which is
deposited in the office of the Secretary, Chipata Rural Council.
All that area approximately 651 square metres in extent and shown
bordered green on Drawing No. 6/CH/M/76, a copy of which is
deposited in the office of the Secretary, Chipata Rural Council.
NGUBUDU MARKET
All that area approximately 61 square metres in extent and shown
bordered green on Drawing No. 5/CH/M/68, a copy of which is
deposited in the office of the Secretary, Chipata Rural Council.
Council
All that portion of the Shampande Housing Area of the Choma
Township which is described on approved Drawing No. CHO/TP.10
of the 23rd March, 1960 (Revised Layout of Shopping Centre,
Shampande Housing Area, Choma) as the market stand; a copy of
the drawing has been deposited in the office of the Choma Township
Council and on that copy the area of the market has been bordered in
blue.
BWACHA MARKET
All that area lying between Nkwai Road and Mwankole Road and
bordered red in Plan No. D.202 which is deposited in the office of
the Town Clerk, Kabwe.
CHIMANININI MARKET
All that area bordering on Lunsemfwa Road and bordered red in
Plan No. 201 which is deposited in the office of the Town Clerk,
Kabwe.
All that area shown as the Market Place on Gwembe Rural Council
Market Sketch Plan No. I deposited in the office of the Principal
Officer of Gwembe Rural Council.
All that area shown as the Market Place on Gwembe Rural Council
Market Sketch Plan No. II deposited in the office of the Principal
Officer of Gwembe Rural Council.
All that area shown as the Market Place on Gwembe Rural Council
Market Sketch Plan No. III deposited in the office of the Principal
Officer of Gwembe Rural Council.
All that area shown as the Market Place on Gwembe Rural Council
Market Sketch Plan No. IV deposited in the office of the Principal
Officer of Gwembe Rural Council.
All that area shown as the Market Place on Gwembe Rural Council Market Sketch Plan No. V
deposited in the office of the Principal Officer of Gwembe Rural Council.
All that area shown as the Market Place on Gwembe Rural Council
Market Sketch Plan No. VI deposited in the office of the Principal
Officer of Gwembe Rural Council.
All that area shown as the Market Place on Gwembe Rural Council
Market Sketch Plan No. VII deposited in the office of the Principal
Officer of Gwembe Rural Council.
All that area shown as the Market Place on Gwembe Rural Council
Market Sketch Plan No. VIII deposited in the office of the Principal
Officer of Gwembe Rural Council.
All that area shown as the Market Place on Gwembe Rural Council
Market Sketch Plan No. IX deposited in the office of the Principal
Officer of Gwembe Rural Council.
KASHIKISHI MARKET 82 of
1979
All that area approximately 24 square metres in extent and shown
bordered red on Plan No. 9/S/25/5, a copy of which is deposited in the office of the
Secretary, Kaputa Rural Council.
MIKOSE MARKET 82 of
1979
All that area approximately 24 square metres in extent and shown
bordered red on Plan No. 10/S/26/6, a copy of which is deposited in
the office of the Secretary, Kaputa Rural Council.
LIBONDA MARKET
All that area approximately 0.20235 hectare in extent, situate in
Libonda Village, which is described as a market area on the Kalabo
Rural Council Sketch Plan No. KRC.1/70 which is deposited in the
office of the Principal Officer, Kalabo Rural Council.
All that area shown as the Market Place on the *Kaoma Plan which
is deposited in the office of the District Scretary, Kaoma.
Council
All that area approximately 6,651 square metres in extent and shown
bordered red on Plan No. KR/M/78, a copy of which is deposited in
the office of the Secretary, Katete Rural Council.
All that area approximately 1,066 square metres in extent and shown
bordered red on Plan No. CRC/2/69, a copy of which is deposited in
the office of the Secretary, Katete Rural Council.
Council
All that area of approximately 0.4047 hectare shown as the Market
Place on the *Lundazi Plan, which is deposited in the office of the
District Secretary, Lundazi.
All that area approximately 720 square metres in extent and shown
bordered red on Plan No. B.480, a copy of which is deposited in the
office of the District Executive Secretary, Lusaka District Council.
All that area approximately 1,419 square metres in extent and shown
bordered red on Plan No. D.187, a copy of which is deposited in the
office of the District Executive Secretary, Lusaka District Council.
All that area approximately 2,056 square metres in extent and shown
bordered red on Plan No. A.1273, a copy of which is deposited in the
office of the District Executive Secretary, Lusaka District Council.
All that area approximately 3,536 square metres in extent and shown
bordered red on Plan No. D.189, a copy of which is deposited in the
office of the District Executive Secretary, Lusaka District Council.
Council
All that area comprising Stand No. B.M. and shown marked red on
the Kasempa Rural Council special area Sketch Plan No. KAE/B/2
which is deposited in the office of the Principal Officer, Kasempa
Rural Council.
Division
Plots Nos. 194 and 204, Kasompe, as shown on the Kasompe Plan
which is deposited in the Works Office of Kasompe Division,
Municipal Council of Chingola.
Rural Council
All that area shown as the Market Place on the Kawambwa Survey
Plan No. T.29 which may be seen either at the District Secretary's
office, Kawambwa, or at the office of the Surveyor-General, Lusaka.
CHIMWEMWE MARKET
All that area approximately 0.48564 hectares in extent, being an
unsurveyed portion of land fronting Fyakapale Road, Chimwemwe,
and shown on Drawing 8/8/10A which is deposited in the office of
the Town Clerk, City Council of Kitwe.
KITWE MARKET
Stand No. 2522 (3.2080569 hectares in extent) fronting Hobart
Avenue, Kitwe.
All that area demarcated in red as the Market on the Kafue Gorge
Camp III Centre Site Plan No. VBB11732 dated November, 1968, a
copy of which is deposited in the Office of the Secretary, Mazabuka
Rural Council.
CHIFUBU MARKET
All that area approximately 0.983421 hectares in extent being part of
Farm No. 2575 situated within Chifubu, Ndola, and adjacent to
Market Street, and as shown coloured red upon Drawing No. TP.215
deposited in the office of the Town Clerk, Civic Centre,
Independence Way, Ndola.
CHISOKONE MARKET
All that area approximately 0.453264 hectares in extent being part of
Stand No. 2121 situated within the Central Area of Ndola between
Chisokone Avenue and Livingstone Road and as shown coloured
red upon Drawing No. TP.215 deposited in the office of the Town
Clerk, Civic Centre, Independence Way, Ndola.
KABUSHI MARKET
All that area approximately 0.56658 hectares in extent being part of
Stand No. 3250 situated within Kabushi, Ndola, adjacent to Church
Road, and as shown coloured red upon Drawing No. TP.215
deposited in the office of the Town Clerk, Civic Centre,
Independence Way, Ndola.
LUBUTO MARKET
All that area approximately 0.6284991 hectares in extent situated in
the centre of Lubuto, Ndola, adjacent to an unnamed street, and as
shown coloured red upon Drawing No. TP.215 deposited in the
office of the Town Clerk, Civic Centre, Independence Way, Ndola.
MAIN MARKET
All that area approximately 0.2784336 hectares in extent being part
of Stand No. 3250 situated within Main, Ndola, at the junction of
Masala Road and Williams Road, and as shown coloured red upon
Drawing No. TP.215 deposited in the office of the Town Clerk,
Civic Centre, Independence Way, Ndola.
MASALA MARKET
All that area approximately 0.1513578 hectares in extent being part
of Stand No. 3250 situated within Masala, Ndola, at the junction of
Kilimanjaro Road and Kashitu Road, and as shown coloured red
upon Drawing No. TP.215 deposited in the office of the Town Clerk,
Civic Centre, Independence Way, Ndola.
The open area situated between Plots Nos. U.40 and U.41 and the
main road in *Solwezi.
* A description of the area of this former township is contained in
the Declaration of Townships made under section 3 of the
Townships Act, Chapter 120 of the 1963 Edition of the Laws.
All that piece of land known as Plot No. 225 of the Twapia
Township and shown on the Twapia Township Plan which is
deposited with the local authority.
All that area shown as the market place on Mukuni Rural Council
Sketch Plan No. MRC-00/33-34/72, deposited in the office of the
Principal Officer of the Mukuni Rural Council.
All that area shown as the market place on Mukuni Rural Council
Sketch Plan No. MRC-00/31-32/72, deposited in the office of the
Principal Officer of the Mukuni Rural Council.
All that area shown as the market place on Senanga Rural Council
Sketch Plan No. 3, which is deposited in the office of the Principal
Officer of Senanga Rural Council
All that area known as Zimba Market, Kalomo, being 1,776 square
metres in extent, and shown bordered red on the Kalomo Rural
Council Plan No. ZIM/12, a copy of which is deposited in the office
of the Secretary, Rural Council of Kalomo.
Council
All that area approximately 6,651 square metres in extent and shown
bordered red on Plan No. KR/M/78, a copy of which is deposited in
the office of the Secretary, Katete Rural Council.
KATETE STORES MARKET 143 of 1980
All that area approximately 1,066 square metres in extent and shown
bordered red on Plan No. CRC/2/69, a copy of which is deposited in
the office of the Secretary, Katete Rural Council.
All that area approximately 9,639 square metres in extent and shown
bordered red on Plan No. CRC/1/69, a copy of which is deposited in
the office of the Secretary, Katete Rural Council.
All that area shown as the Market Site on Plan No. S.9.236 deposited
in the office of the Town Clerk, Lusaka.
That area known as Stand No. 118, Livingstone Road, Lusaka, plan
of which area is deposited in the office of the Town Clerk, City
Council of Lusaka.
The 0.20235 hectare fenced plot in the Matero Housing Area in the
Lusaka City as shown on Public Works Department Plan No.
D.1108/32, copy of which is deposited in the office of the Town
Clerk, City Council of Lusaka.
All that area shown as the Market Place on the Mansa Township
Survey Plan No. 94A which is deposited at the office of the District
Secretary, Mansa, and a copy of which may be seen at the office of
the Surveyor-General, Lusaka.
All that area of Plot No. 88, bordered red on Plan No. MPU/30
which is deposited in the office of the Secretary, Mbala Rural
Council.
All that area shown as the Market Place on the Mbala Township
Survey Plan No. 8 N.E.R., a tracing of which is deposited in the
office of the Surveyor-General, Lusaka.
TOWN MARKET
That area known as Stand No. 211, Mbala, plan of which area is
deposited in the office of the Secretary, Mbala Township Council.
All that area of 0.20235 hectares shown as the Mongu Market on the
Mongu Township Survey Plan No. WN.110/5 which is deposited in
the office of the District Secretary, Mongu.
Rural Council
All that area of approximately 0.4047 hectare shown as the market
place on the *Mporokoso Plan which is deposited in the office of the
District Secretary, Mporokoso.
* A description of the area of this former township is contained in
the Declaration of Townships made under section 3 of the
Townships Act, Chapter 120 of the 1963 Edition of the Laws.
Township Council
All that piece of land known as Plot No. 95 of the Mukobeko
Township and shown on the Mukobeko Township plan which is
deposited with the local authority.
(Section 4 (a))
Local Authority Description of Market Government
Notices
The area shown on a plan marked BNA/1 and deposited with the
District Secretary, Kawambwa.
LUNDA (Kawambwa) 1. That building known as the Lunda Market building situate in 114 of 1952
That area shown on a plan marked NA/1 and deposited with the
District Secretary, Kawambwa.
The area shown on a plan marked LNA/2 and deposited with the
District Secretary, Kawambwa.
LUVALE (Zambezi) 1. That building known as the Luvale Market building situate in 1 of 1955
All that area of Plot No. 88, bordered red on Plan No. MPU/30
which is deposited in the office of the Secretary, Mbala Rural
Council.
Council
All that area approximately 0.4047 hectare in extent, which lies to
the north of New Mbulu Suburb near the intersection of Abel
Mumba Road and Tafuna Road, a plan of which area is deposited in
the office of the Secretary, Mbala Township Council.
CHISHELA MARKET
All that area approximately 0.20235 hectare in extent, situate on the
north side of Mporokoso-Nsumbu road in Kaputa District and
shown bordered blue on the Mporokoso Rural Council sketch plan
which is deposited in the office of the Principal Officer, Mporokoso
Rural Council.
All that area approximately 708 square metres in extent, being part
of Subdivision No. 8 of Subdivision Q of Farm No. 416a, situate
within the Ndeke Housing Area in the Ndola City, and shown edged
red on Drawing No. TP/160/5, a copy of which is deposited in the
office of the Town Clerk, City Council of Ndola.
All that piece of land known as Plot No. 880, situate within the
Twapia Housing Area in the Ndola City, and shown edged red on
Plan No. TP/319/B/2, a copy of which is deposited in the office of
the Town Clerk, City Council of Ndola.
All that area approximately 604 square metres in extent, being part
of Stand No. 4493, situate in the Hillcrest Housing Area in the Ndola
City, and shown edged red on Drawing No. TP/163/G, a copy of
which is deposited in the office of the Town Clerk, City Council of
Ndola.
All that area approximately 557 square metres in extent, being part
of Stand No. 4437, situate within the Pamodzi Housing Area in the
Ndola City, and shown edged red on Drawing No. TP/208/E, a copy
of which is deposited in the office of the Town Clerk, City Council
of Ndola.
All that area, in extent about 83.61 metres, which is within the
beacons marked A, B, C and D, situated approximately 500 yards
north of the village of Headman Kagona, in Chief Nyanje's area, in
the Petauke District, and as shown on a plan numbered M.2, which is
deposited at the office of the District Secretary, Petauke.
All that area, in extent about 83.61 metres, which is within the
beacons marked A, B, C and D, situated approximately 600 yards
north-east of the village of Mwanjawanthu in the Petauke District
and as shown on a plan numbered M.1 which is deposited at the
office of the District Secretary, Petauke.
The area shown on a plan marked SNA/1 and deposited with the
District Secretary, Kawambwa.
The area shown on a plan marked SNA/2 and deposited with the
District Secretary, Kawambwa.
All that area known as Zimba Market, Kalomo, being 1,776 square
metres in extent, and shown bordered red on the Kalomo Rural
Council Plan No. ZIM/12, a copy of which is deposited in the office
of the Secretary, Rural Council of Kalomo.
ARRANGEMENT OF REGULATIONS
Regulation
1. Title
2. Application
3. Interpretation
4. Goods for sale
5. Sale of goods within specified area
6. Times for transaction of business
7. Stallages, rents, tolls and fees
8. Maximum prices
8A. Use of metric weight
9. Reservation of stalls
10. General regulation of markets
11. General powers of inspector of markets and health inspectors
12. Removal of goods and waste
13. Publication of resolutions
Statutory
SECTION 5-THE LOCAL AUTHORITY MARKET Instruments
REGULATIONS 215 of 1968
146 of 1969
Regulations by the Minister Act No.
13 of 1994
5. No person shall, in any public place within a radius of two miles Sale of goods
from the centre of a market, sell any goods except in a market: within specified
area
Provided that the provisions of this regulation shall not apply in relation
to-
(i) the sale of goods in accordance with the provisions of a licence Cap. 393
granted under the Trades Licensing Act; or
6. (1) The local authority may from time to time determine by Times for
resolution the days of the week and the hours during each day of the transaction of
week during which a market shall be open for business. business
(2) No person shall sell or purchase any goods in a market except when
the market is open for business.
7. (1) The local authority may from time to time determine by Stallages, rents,
resolution stallages, rents or tolls and fees for the inspection of produce tolls and fees
to be paid to the local authority by persons wishing to sell goods in a
market:
Provided that no such resolution shall have effect unless and until
approved by the Minister.
(2) Any stallages, rents, tolls or fees payable under this regulation shall
be collected by the inspector of markets.
(3) No person shall sell any goods in a market unless he has paid the
stallages, rents, tolls or fees payable by him in accordance with the
provisions of this regulation.
8. (1) The local authority may from time to time determine by Maximum
resolution the maximum prices which may be demanded on the sale by prices
retail of any article of food in a market:
8A. (1) No person shall sell or offer to sell in a market any article of Use of metric
food the price of which is controlled unless the price thereof is quoted weight
and charged by reference to metric weight or to such other unit as is used
by the Price Controller.
(2) It shall be the duty of every person selling or offering to sell any
article of food in a market to provide and use appropriate scales to
comply with this regulation.
(As amended by S.I. No. 187 of 1974)
9. (1) The inspector of markets may reserve any stall in the market for Reservation of
the sale of any particular kind of goods. stalls
(2) No person shall from any stall reserved for the sale of a particular
kind of goods sell any other goods.
(a) erect any building, tent, booth or shelter except with the
permission of the local authority; or
(d) keep any chickens, ducks, doves or other birds for sale except in
a cage or crate.
(2) No person shall bring or keep or allow to be brought or kept in a
market any dog.
(b) frequent a market between sunset and sunrise, except with the
permission of the inspector of markets.
11. (1) The inspector of markets may, subject to the provisions of these General powers
Regulations, give to any person using a market or stall such directions as of inspector of
may be reasonably necessary for the purpose of keeping order, markets and
preventing obstructions and maintaining cleanliness therein or in the health
approaches thereto. inspectors
(2) The inspector of markets or a health inspector may direct any person
selling rotten or dirty produce in a market to destroy such produce or
remove it from the market.
(3) No person shall fail to comply with any direction given under this
regulation.
12. (1) Every person renting, holding, occupying or using a stall within Removal of
a market shall, as soon as practicable after the market has closed for goods and
business on any day, remove from the market all goods belonging to waste
him.
13. No resolution of the local authority for the purposes of these Publication of
Regulations shall have force and effect unless there is posted up in a takeover
conspicuous place in the market to which it relates a copy of the resolutions
resolution or a notice conveying the purport of the resolution.
14. Any person who contravenes these Regulations shall be guilty of Penalty
an offence and shall be liable upon conviction-
(a) in the case of a first offence, to a fine not exceeding twenty five
penalty units or to imprisonment for a period not exceeding three
months, or both;
(b) in the case of a second or subsequent offence, to a fine not
exceeding twenty five penalty units or to imprisonment for a period not
exceeding six months, or both.
(As amended by S.I. No. 9 of 1989 and Act No. 13 of 1993)
Government
SECTION 5-THE BUTONDO MARKET BY-LAWS Notices
10 of 1963
497 of 1964
"goods" means-
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
10. No person suffering from any communicable disease shall be
permitted to sell or offer for sale any produce or any other specified
goods in a market.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset ad sunrise without the consent of the Market
Master. All goods shall be removed from a market during the hours that
the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master
16. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in any market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
18. No person shall bring, keep or suffer to be brought or kept in a
market, any animal without the permission of the local authority.
"stall" includes any building, room, stand, table, space, plot or other
place in the market used, or intended to be used, for sale of produce.
3. The market shall be under the control of the Market Master, who
shall be appointed by and be responsible to the local authority.
4. No person shall sell or offer for sale or barter any produce within the
market area other than in the market or in licensed trading premises,
except with the permission of the local authority.
5. All persons using the market shall obey the reasonable directions of
the Market Master or his assistants for the purpose of preserving
cleanliness and order in the market.
6. The market shall be open for business daily from 07.00 hours until
18.00 hours, except on Sundays.
7. No person shall buy, sell or offer for sale or barter any livestock
except live poultry.
8. No person shall buy, sell or offer for sale or barter any produce in the
market except when it is open for business.
11. Stall-holders or traders using the market shall keep their stalls and
produce in a clean and orderly condition and shall dispose of any litter or
refuse in accordance with the directions of the Market Master.
13. Every person offering foodstuffs for sale in the market shall take
precautions to protect such produce from flies in accordance with the
directions of the Market Master.
15. No person shall use the market as a sleeping place nor, unless
authorised by the Market Master, enter the precincts of the market
between sunset and sunrise.
16. Except with the permission of the Market Master, no fish may be
brought into the market unless gutted.
19. Spent.
21. Fish shall be placed on the stalls separate from other produce.
23. The local authority shall have the power to restrict or forbid the
sale of any produce and shall also have the power to restrict the number
of sellers of any particular produce.
"goods" means-
"market" means a market established within the township under the Act;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in the market.
18. No person shall within a market sell anything not being goods as
defined in these By-laws or any goods the sale of which is forbidden
under by-law 17.
19. The local authority may supply scales and prescribe the use of such
scales for the sale of any particular goods in any one or more markets.
20. When scales are provided the Market Master shall have the right to
weigh goods sold by weight.
3. No persons shall sell or offer for sale any produce in any street or in
any public place within the market area other than in the
market except with the permission of the local authority.
4. The market shall be under the control of the Market Master who
shall be appointed by and be responsible to the local authority.
5. All persons using the market shall obey the reasonable directions of
the Market Master or Medical Officer of Health or their assistants for the
purpose of preserving cleanliness and order in the market.
6. The market shall be open on such days and at such times as the local
authority may from time to time determine by resolution.
(No. 205 of 1959)
7. No person shall buy, sell or offer for sale or barter any produce in the
market except when it is open for business.
10. Stall-holders or traders using the market shall keep their stalls and
produce in a clean and orderly condition and shall dispose of any litter or
refuse in accordance with the directions of the Market Master in that
regard.
12. Every person offering foodstuffs for sale in the market shall take
all necessary precautions to protect such foodstuffs from flies and
contamination in accordance with the directions of the Market Master.
14. No person shall loiter in the market for the purpose of begging or
for any other purpose.
16. No unauthorised person shall use the market as a sleeping place nor
frequent the market between sunset and sunrise.
17. No person shall sell or offer for sale in the market any livestock
except live poultry or any fish or meat except with the permission of the
Market Master.
18. The Market Master shall have the right to refuse to allow goods to
be sold which he considers unfit for human consumption.
19. The local authority shall have the right to fix maximum prices for
the produce which may be offered for sale in the market.
20. The local authority shall have the power to restrict or forbid the
sale of any produce and shall also have the power to restrict the number
of sellers of any particular produce.
Government
SECTION 5-THE CHINSALI MARKET BY-LAWS Notices
143 of 1963
497 of 1964
"goods" means-
"market" means a market established within the market area under the
Act;
"market area" means the *Chinsali area;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine and the local
authority may in fixing such times prescribe different times for the sale
of different articles. The local authority may also appoint hours during
which certain articles intended for sale on any market may be delivered
to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine the maximum
prices which may be demanded on the sale by retail of any article of
food in the market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
"goods" means-
(a) foodstuffs, livestock and other agricultural and natural products,
the growth or produce of Zambia; or
(b) articles of handicraft made of which not less than seventy-five
per centum in content or value of the materials used shall have been
grown or produced in Zambia;
"market" means a market established within the township under the Act;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in the market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
"goods" means-
"market" means a market established within the township under the Act;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in any market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
"stall" includes any building, room, stand, table, space, plot or other
place in the market used, or intended to be used, for sale of produce.
3. The market shall be under the control of the Market Master, who
shall be appointed by and be responsible to the local authority.
4. No person shall sell or offer for sale or barter any produce within the
market area other than in the market or in licensed trading premises,
except with the permission of the local authority.
5. All persons using the market shall obey the reasonable directions of
the Market Master or his assistants for the purpose of preserving
cleanliness and order in the market.
6. The market shall be open for business daily from 7 a.m. until 6 p.m.
except on Sundays.
7. No person shall buy, sell or offer for sale or barter any livestock
except live poultry.
8. No person shall buy, sell or offer for sale or barter any produce in the
market except when it is open for business.
11. Stall-holders or traders using the market shall keep their stalls and
produce in a clean and orderly condition and shall dispose of any litter or
refuse in accordance with the directions of the Market Master.
15. No person shall use the market as a sleeping place nor, unless
authorised by the Market Master, enter the precincts of the market
between sunset and sunrise.
16. Except with the permission of the Market Master, no fish may be
brought into the market unless gutted.
19. Obsolete.
21. Fish shall be placed on the stalls separate from other produce.
23. The local authority shall have the power to restrict or forbid the
sale of any produce and shall also have the power to restrict the number
of sellers of any particular produce.
Government
SECTION 5-THE KABWE MARKET BY-LAWS Notices
254 of 1963
497 of 1964
"goods" means-
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business, except that holders of stalls
provided with lock-up stores shall be permitted to store their goods
therein during the hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
foodstuff in the market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
"goods" means-
"market" means a market established within the township under the Act;
"market area" means the Kalomo Township;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in the market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
Government
SECTION 5-THE KALULUSHI MARKET BY-LAWS Notices
141 of 1963
497 of 1964
"goods" means-
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
10. No person suffering from any communicable disease shall be
permitted to sell or offer for sale any produce or any other specified
goods in a market.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
14. Every person offering foodstuffs for sale in a market shall take all
reasonable precautions to protect such foodstuffs from flies and
contamination in accordance with the directions of the Market Master or
Medical Officer of Health, and all such foodstuffs shall be kept in the
stalls provided for this purpose.
16. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
17. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in the market.
18. No person shall within a market sell anything not being goods as
defined in these By-laws.
"market" means any market established under the Act within the
Kansuswa Township;
"stall" includes any building, room, stand, table, space, plot or other
place in the market used, or intended to be used, for the sale of produce.
3. No person shall sell, offer or expose for sale or barter any produce Cap. 393
within the market area other than in a market established under the Act
or in trading premises licensed under the Trades Licensing Act.
4. The market shall be under the control of the Market Master, who
shall be appointed by and be responsible to the local authority (the
expression Market Master in these By-laws shall include all his duly
appointed assistants).
5. All persons using the market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness or order in
the market or for maintaining the orderly sale of goods or articles or of
produce in the market.
6. The market shall be open for business daily from 07.00 hours to
18.00 hours or such other hours as the local authority may from time to
time by resolution determine and the local authority may in fixing such
times prescribe different times for the sale of different produce.
(As amended by No. 2 of 1960)
7. No person shall buy, sell or offer for sale or barter any produce in the
market except when it is open for business.
9. No person shall buy, sell or offer for sale or barter in the market any
goods, produce or articles other than produce of or articles
manufactured within Zambia.
10. No person shall sell or offer for sale or barter any produce in the
market except from a stall in the market.
11. The Market Master on the directions of the local authority may
reserve any table or stall in the market for any specific purpose.
12. Every person wishing to sell or offer for sale or barter any produce
in the market shall pay to the Market Master such stallages, rents or tolls
and fees as shall from time to time be determined by resolution of the
local authority.
13. The Market Master shall keep a record of complaints made to him
by any person using the market, such record being open to inspection by
any police officer of or above the rank of Assistant Inspector or any
person authorised by the local authority.
(As amended by No. 481 of 1964)
14. Stall-holders or traders using the market shall keep their stalls and
produce in a clean and orderly condition and shall dispose of any litter or
refuse in accordance with the directions of the Market Master.
15. Every person offering foodstuffs for sale in the market shall take
precautions to protect such produce from dust and flies in accordance
with the directions of the Market Master.
16. No person shall buy, sell or offer for sale or barter any livestock
except live poultry. The Market Master should he deem it necessary may
cause any poultry on the market to be fed and watered and may recover
the cost thereof from the owner.
17. Except with the permission in writing of the Market Master all
produce or articles shall be removed from the market during the hours
that the market is closed.
19. No person shall be permitted to loiter in the market for the purpose
of begging or for any other purpose.
22. No person shall solicit or demand any moneys from any person
whether frequenting or selling any produce in the market unless
specially authorised in writing by the local authority so to do.
26. Except with the permission of the local authority no fish shall be
brought into the market unless gutted. Fish shall be placed on stalls
separate from other produce.
27. Fresh fruit, vegetables and meat shall be placed on clean stalls or
tables or on clean matting.
28. The local authority may from time to time determine by resolution
the maximum price which may be demanded on the sale by retail in the
market of any article of food.
"goods" means-
"market" means a market established within the market area under the
Act;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine and the local
authority may in fixing such times prescribe different times for the sale
of different articles. The local authority may also appoint hours during
which certain articles intended for sale on any market may be delivered
to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine the maximum
prices which may be demanded on the sale by retail of any article of
food in the market.
17. No person shall within a market sell anything not being goods as
defined in these Bylaws.
"goods" means-
"market" means a market established within the township under the Act;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in any market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
Government
SECTION 5-THE KASOMPE MARKET BY-LAWS Notices
58 of 1957
481 of 1964
497 of 1964
"stall" includes any building, room, stand, table, space, plot or other
place in the market used, or intended to be used, for sale of produce.
3. The market shall be under the control of the Market Master, who
shall be appointed by and be responsible to the local authority.
4. No person shall sell or offer for sale or barter any produce within the
market area other than in the market or in licensed trading premises,
except with the permission of the local authority.
5. All persons using the market shall obey the reasonable directions of
the Market Master or his assistants for the purpose of preserving
cleanliness and order in the market.
6. The market shall be open for business daily from 7 a.m. until 6 p.m.
except on Sundays.
7. No person shall buy, sell or offer for sale or barter any livestock
except live poultry.
8. No person shall buy, sell or offer for sale or barter any produce in the
market except when it is open for business.
11. Stall-holders or traders using the market shall keep their stalls and
produce in a clean and orderly condition and shall dispose of any litter or
refuse in accordance with the directions of the Market Master.
12. No building, tent, booth or shelter shall be erected in the market
without the consent in writing of the local authority.
15. No person shall use the market as a sleeping place nor, unless
authorised by the Market Master, enter the precincts of the market
between sunset and sunrise.
16. Except with the permission of the Market Master, no fish may be
brought into the market unless gutted.
19. Obsolete.
21. Fish shall be placed on the stalls separate from other produce.
Government
SECTION 5-THE KAWAMBWA MARKET BY-LAWS Notices
142 of 1963
497 of 1964
"goods" means-
"market" means a market established within the market area under the
Act;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine and the local
authority may in fixing such times prescribe different times for the sale
of different articles. The local authority may also appoint hours during
which certain articles intended for sale on any market may be delivered
to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
10. No person suffering from any communicable disease shall be
permitted to sell or offer for sale any produce or any other specified
goods in a market.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine the maximum
prices which may be demanded on the sale by retail of any article of
food in the market.
17. No person shall within a market sell anything not being goods as
defined in these Bylaws.
18. No person shall bring, keep or suffer to be brought or kept in the
market any dog or other animal without the permission of the local
authority.
"goods" means-
"market" means a market established within the City of Kitwe under the
Act;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
3. A market shall be under the control of a Market Master, who shall be
appointed by and be responsible to the local authority (the expression
Market Master in these By-laws shall include all his duly appointed
assistants).
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business unless permission is
obtained from the Market Master.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in the market.
17. No person shall within the market sell anything not being goods as
defined in these By-laws.
19. Stall-holders shall keep their stalls and produce in a clean and
orderly condition and shall dispose of any litter or refuse in accordance
with the instructions of the Market Master.
"goods" means-
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
3. A market shall be under the control of a Market Master, who shall be
appointed by and be responsible to the local authority (the expression
Market Master in these By-laws shall include all his duly appointed
assistants).
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market, and shall take precautions to protect foodstuffs from flies.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
14. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business:
Provided that any person duly authorised thereto by the Market Master
may store goods in the lock-up premises provided for that purpose in a
market.
17. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
18. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in the market.
19. No person shall within a market sell anything not being goods as
defined in these By-laws.
"goods" means-
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in the market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
"goods" means-
"market" means a market established within the market area under the
Act;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine and the local
authority may in fixing such times prescribe different times for the sale
of different articles. The local authority may also appoint hours during
which certain articles intended for sale on any market may be delivered
to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine the maximum
prices which may be demanded on the sale by retail of any article of
food in the market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
"goods" means-
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in the market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
"goods" means-
"market" means a market established within the market area under the
Act;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
* A description of the area of this former township is contained in the Declaration of Townships made under
section 3 of the Townships Act, Chapter 120 of 1963 Edition of the Laws.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine and the local
authority may in fixing such times prescribe different times for the sale
of different articles. The local authority may also appoint hours during
which certain articles intended for sale on any market may be delivered
to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
13. No person renting, holding or occupying a stall within any market
shall-
(a) gut fish or game in his stall;
(b) bring into the matket or keep or use therein any block, stand,
vessel, container or utensil which is not of the nature or character
approved by the Market Master.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine the maximum
prices which may be demanded on the sale by retail of any article of
food in the market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
"market" means a market established within the township under the Act;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in the market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
"goods" means-
"market" means a market established within the township under the Act;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in the market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
"goods" means-
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
10. (1) No person suffering from any communicable disease shall be
permitted to sell or offer for sale any produce or any other specified
goods in a market.
(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
11. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
14. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
15. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in the market.
16. No person shall within a market sell anything not being goods as
defined in these By-laws.
Government
SECTION 5-THE MONGU MARKET BY-LAWS Notices
84 of 1963
497 of 1964
"goods" means-
"market" means a market established within the township under the Act;
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine and the local
authority may in fixing such times prescribe different times for the sale
of different articles. The local authority may also appoint hours during
which certain articles intended for sale on any market may be delivered
to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
15. Every person offering goods for sale in a market shall take
precautions in accordance with the directions of the Market Master to
protect such goods from flies or other forms of contamination.
16. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
18. The local authority may from time to time determine the maximum
prices which may be demanded on the sale by retail of any article of
food in the market.
19. No person shall within a market sell anything not being goods as
defined in these By-laws or any goods the sale of which is forbidden
under by-law 17.
"goods" means-
"market" means a market established within the market area under the
Act;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
4. The Market Master may reserve any stall in a market for the sale of
any specified goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine and the local
authority may in fixing such times prescribe different times for the sale
of different articles. The local authority may also appoint hours during
which certain articles intended for sale on any market may be delivered
to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
9. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
12. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business.
15. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
16. The local authority may from time to time determine the maximum
prices which may be demanded on the sale by retail of any article of
food in the market.
17. No person shall within a market sell anything not being goods as
defined in these By-laws.
"stall" includes any building, room, stand, table, space, plot or other
place in the market used, or intended to be used, for the sale of produce.
3. The market shall be under the control of the Market Master, who
shall be appointed by and be responsible to the Mporokoso Rural
Council.
4. All persons using the market shall obey the reasonable directions of
the Market Master or his assistants for the purpose of preserving
cleanliness and order in the market.
5. The market shall be open for business daily, except Sundays, from
07.00 hours until 18.00 hours.
6. No person shall buy, sell or offer for sale or barter any produce in the
market except when it is open for business.
8. Stall-holders or traders using the market shall keep their stalls and
produce in a clean and orderly condition and shall dispose of any litter or
refuse in accordance with the directions of the Market Master in that
regard.
10. Every person offering foodstuffs for sale in the market shall take
precautions to protect such produce from flies in accordance with the
directions of the Market Master.
12. No person shall use the market as a sleeping place nor frequent the
market between sunset and sunrise.
Government
SECTION 5-THE MUFULIRA MARKET BY-LAWS Notices
128 of 1964
497 of 1964
"goods" means-
"public place" includes any street, passage or way or building and any
place or vehicle within an area to which, for the time being, the public
are entitled or permitted to have access, either without any conditions, or
upon condition of making any payment;
"stall" means any building, stand, shelter, table, place or plot in the
market set aside by the local authority for the sale of goods.
5. Every person wishing to sell goods in any market shall pay to the
Market Master such stallages, rents or tolls and fees as shall from time to
time be determined by resolution of the local authority.
6. All persons using any market shall obey the reasonable directions of
the Market Master for the purpose of preserving cleanliness and order in
the market.
7. A market shall be open for business on such days and at such times
as the local authority may from time to time determine by resolution and
the local authority may in fixing such times prescribe different times for
the sale of different articles. The local authority may also appoint hours
during which certain articles intended for sale on any market may be
delivered to the market.
8. No person shall, within the market area, sell or offer for sale or
barter any goods in any public place other than in a market, except with
the permission of the local authority.
10. No person shall buy or sell or offer for sale or barter any goods in
any market except when it is open for business.
13. No person shall use any market as a sleeping place, nor frequent
any market between sunset and sunrise without the consent of the
Market Master. All goods shall be removed from a market during the
hours that the market is closed for business:
Provided that this provision shall not apply to any goods properly
deposited in storage facilities for the keeping of such goods provided by
the local authority at a market.
15. Every person offering foodstuffs for sale in a market shall take
precautions to protect such goods from dust and flies in accordance with
the directions of the Market Master.
17. All waste matter such as loose grain sweepings and the like in a
market shall be the property of the local authority, and no person shall at
any time remove or attempt to remove such waste matter from the
market, except as directed by the Market Master.
19. The local authority may from time to time determine by resolution
the maximum prices which may be demanded on the sale by retail of any
article of food in the market.
20. No person shall within a market sell anything not being goods as
defined in these By-laws.
"stall" includes any building, room, stand, table, space, plot or other
place in the market used, or intended to be used, for the sale or barter of
produce.
3. The market shall be under the control of the Market Master who
shall be appointed by and be responsible to the local authority for the
proper management thereof.
4. All persons using the market shall obey the reasonable directions of
the Market Master or his assistants for the purpose of preserving
cleanliness and order in the market.
5. The market shall be open for business daily, except Sundays, from
07.00 hours until 18.00 hours.
6. No person shall buy or sell or offer for sale or barter any produce in
the market except when it is open for business.
8. Stall-holders or traders using the market shall keep their stalls and
produce in a clean and orderly condition and shall dispose of any litter or
refuse in accordance with the directions of the Market Master in that
regard.
10. Every person offering foodstuffs for sale or barter in the market
shall take precautions to protect such produce from flies in accordance
with the directions of the Market Master.
*A description of the area of this former township is contained in the
Declaration of Townships made under section 3 of the Townships Act,
Chapter 120 of the 1963 Edition of the Laws.
12. No person shall use the market as a sleeping place nor frequent the
market between sunset and sunrise, without the consent of the Market
Master.
14. No person shall sell or barter or offer for sale or barter any produce Cap. 393
within the market area except in the market or in premises licensed
under the Trades Licensing Act or except with the permission in writing
of the local authority.
(No. 33 of 1960)
15. No person shall buy or offer for sale or barter any livestock in the
market except live poultry.
16. Fish shall be bought, sold or offered for barter only on the stalls
specifically appointed for that purpose.
17. The Market Master shall have the right to refuse to allow goods to
be sold which, in his discretion, he considers unfit for consumption.
21. The Market Master shall keep a record of complaints made to him
by any person using the market, such record being open to inspection by
any person authorised by the local authority.
(As amended by No. 481 of 1964)
Government
SECTION 5-THE TWAPIA MARKET BY-LAWS Notices
44 of 1950
118 of 1950
481 of 1964
497 of 1964
"stall" includes any building, room, stand, table, space, plot or other
place in the market used, or intended to be used, for the sale of produce.
3. The market shall be under the control of the Market Master, who
shall be appointed by and be responsible to the local authority.
4. No person shall sell or offer for sale or barter any produce within the
market area other than in the market or in licensed trading premises,
except with the permission of the local authority.
5. All persons using the market shall obey the reasonable directions of
the Market Master or his assistants for the purpose of preserving
cleanliness and order in the market
6. The market shall be open for business daily from 7 a.m. until 6 p.m.,
except on Sundays.
7. No person shall buy, sell or offer for sale or barter any livestock
except live poultry.
8. No person shall buy, sell or offer for sale or barter any produce in the
market except when it is open for business.
11. Stall-holders or traders using the market shall keep their stalls and
produce in a clean and orderly condition and shall dispose of any litter or
refuse in accordance with the directions of the Market Master.
13. Every person offering foodstuffs for sale in the market shall take
precautions to protect such produce from flies in accordance with the
directions of the Market Master.
16. Except with the permission of the Market Master, no fish may be
brought into the market unless gutted.
19. No person other than an African shall sell or offer for sale any
produce in the market, nor shall any person, other than an African,
employ an African to sell or offer for sale any produce on his behalf.
21. Fish shall be placed on the stalls separate from other produce.
23. The local authority shall have the power to restrict or forbid the
sale of any produce and shall also have the power to restrict the number
of sellers of any particular produce.
Government
SECTION 5-THE ZAMBEZI MARKET BY-LAWS Notices
302 of 1960
481 of 1964
"stall" includes any building, room, stand, table, space, plot or other
place in the market used, or intended to be used, for the sale or barter of
produce.
3. The market shall be under the control of the Market Master who
shall be appointed by and be responsible to the local authority for the
proper management thereof.
4. All persons using the market shall obey the reasonable directions of
the Market Master or his assistants for the purpose of preserving
cleanliness and order in the market.
5. The market shall be open for business daily, except Sundays, from
07.00 hours until 18.00 hours, and on Saturdays when the market shall
be open from 07.00 hours to 12.30 hours.
6. No person shall buy or sell or offer for sale or barter any produce in
the market except when it is open for business.
8. Stall-holders or traders using the market shall keep their stall and
produce in a clean and orderly condition and shall dispose of any litter or
refuse in accordance with the directions of the Market Master in that
regard.
10. Every person offering foodstuffs for sale or barter in the market
shall take precautions to protect such produce from flies in accordance
with the directions of the Market Master.
12. No person shall use the market as a sleeping place nor frequent the
market between sunset and sunrise, without the consent of the Market
Master.
14. No person shall within the market area sell or offer for sale or
barter any produce in any street or public place other than in the market
or any other established market.
15. No person shall buy or offer for sale or barter any livestock in the
market except live poultry.
16. Fish shall be bought, sold or offered for barter only on the stalls
specifically appointed for that purpose.
17. The Market Master shall have the right to refuse to allow goods to
be sold which, in his discretion, he considers unfit for consumption.
20. The local authority shall have the right to determine by resolution
the maximum price which may be demanded on the sale by retail of any
article of food in the market.
21. The Market Master shall keep a record of complaints made to him
by any person using the market, such record being open to inspection by
any person authorised by the local authority.
(As amended by No. 481 of 1964)
CHAPTER 291
THE GWEMBE DISTRICT SPECIAL FUND (DISSOLUTION)
ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Establishment of Gwembe Rural Council Fund
4. Transfer of assets of Gwembe District Special Fund
5. Monies payable into the Fund
6. Administration of the Fund
CHAPTER 291 5 of 1968
1. This Act may be cited as the Gwembe District Special Fund Short title
(Dissolution) Act.
"the Order" means the Zambia (Gwembe District) Orders, 1959 and App. 9
1964.
4. On the commencement of this Act all moneys and other assets on Transfer of
that date in or standing to the credit of the Gwembe District Special assets of
Fund established under section 9 of the Order, Appendix 5 of the 1965 Gwembe
Edition of the Laws, shall vest in the Minister and thereupon the District Special
Gwembe District Special Fund shall stand dissolved. Fund
6. (1) The Fund shall be administered by the Minister for the purpose of Administration
making grants to the Gwembe Rural Council, and without prejudice to of the Fund
the generality of the foregoing, such grants may be made for the
maintenance of a water supply to and within the Gwembe Rural Area.
(2) For the purpose of administering the Fund, the Minister may-
(a) invest any moneys for the time being standing to the credit of the
Fund in such stocks, shares, funds, securities or other investments or
property as he may in his discretion think fit with power to realise any
monies so invested and reinvest as aforesaid;
(e) take such other steps and action as may be necessary for the
administration of the Fund and for the carrying out of the purposes of the
Fund.