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VOLUME 16

CONTENTS

Chapter 281. Local Government Act

Chapter 282. Local Government Elections Act

Chapter 283. Town and Country Planning Act

Chapter 284. Local Authorities Superannuation Fund Act

Chapter 285. Vacant

Chapter 286. Provincial and District Boundaries Act

Chapter 287. Chiefs Act

Chapter 288. District Messengers Act

Chapter 289. Registration and Development of Villages Act

Chapter 290. Markets Act

Chapter 291. Gwembe District Special (Dissolution) Act

Chapter 292. Vacant

Chapter 293. Vacant

Chapter 294. Vacant

CHAPTER 281
THE LOCAL GOVERNMENT ACT

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Section
1. Short title
2. Interpretation
PART II
ESTABLISHMENT OF COUNCILS

3. Establishment of Councils and Management Boards


4. Cities
5. Changes Affecting Districts

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 Repealed by Act No. 30 of 1995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

22. Ordinary and special meetings


23. Notice of meetings
24. Quorum
25. Presiding in council
26. Voting in council
27. Disability for voting on account of interest in contracts
28. Adjournment of meetings
29. Admission of public to meetings
30. Minutes

PART V
COMMITTEES

31. Standing and occasional committes


32. Membership of committees
33. Proceedings of committees
34. Minutes
35. Delegation of functions of council to committees
36. Reports by committees
37. Sub-committees

PART VI
FINANCE

38. Financial year


39. Estimates of revenues and expenditure
40. General and special funds
41. Arrangements for handling receipts and payments
42. Banking accounts
43. Accounts
44. Investment
45. Government grants and loans
46. Financial regulations
47. Authority to borrow and modes of borrowing
48. Foreign borrowing prohibited
49. Security for borrowing and priorities of securities
50. Suspension of repayment of sums borrowed
51. Lenders relieved from certain inquiries.
52. Appointment and remuneration of auditor
53. Functions of auditor
54. Production of documents and taking of evidence
55. Deposit of accounts and representation thereon
56. Report of auditor
57. Powers of disallowances and surcharges
58. Appeals against disallowances and surcharges
59. Payment and recovery of surcharges
60. Inspections and extraordinary audits

PART VII
FUNCTIONS

61. Power to discharge scheduled functions


62. General provision with respect to discharge of functions
63. Contracts
64. Standing orders
65. Acquisition of land
66. Acceptance of gifts of property
67. Disposal of property
68. Grants and loans by councils
69. Imposition of levies
70. Imposition of other fees and charges
71. Power to pay certain fees, allowances and expenses
72. Pensions and gratuities for officers employees and dependants
73. Aldermen
74. Freemen
75. Power of Minister to confer additional functions on councils

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

88. Appointment of Local Government Administrator and


discharge by him of functions of council
89. Revocation of appointment Order

PART X
LOCAL GOVERNMENT SERVICE AND THE LOCAL
GOVERNMENT SERVICE COMMISSION

90. Councils may appoint staff


91. Secondment to another Council
92. Regulations
93. Establishment of Provincial Local Government Appeals
Boards
94. Provisions relating to office of member
95. Allowances
96. Secretary
97. Immunity of members
98. Oath of office
99. Powers of Boards
100. Performance of functions of Boards
101. Offence of supplying false information
102. Certain Communications to be priviledged
103. Unauthorised disclosure of information
104. Offence to influence to attempt to influence Board
105. Repealed by Act No. 30 of 1995
106. Fiat of Director of Public Prosecutions

PART XI
FIRE SERVICE

107. Fire Services

PART XII
MISCELLANEOUS PROVISIONS

108. Authentication of documents and execution of deeds


109. Inspection of documents
110. Public notice
111. Service of documents
112. Legal proceedings
113. Evidence
114. Penalties for obstruction
115. Powers of arrest
116. Protection for officers and employees of council acting in good
faith
117. Validity of discharge of functions by officers and employees
of council
118. Provincial and District Local Government Officers
119. Powers of Minister to approve or determine matters
120. Inquiries

PART XIII
REPEAL, SAVINGS AND TRANSITIONAL

121. Repeal and Transitional provisions


122. Savings
123. Savings and transitional provisions consequent on the
enactment of Act No. 30 of 1995
FIRST SCHEDULE-Transfer and vesting powers
SECOND SCHEDULE-Functions of councils
THIRD SCHEDULE-Oath of members of commission
FOURTH SCHEDULE-Oath of Secretary and other employees of
council

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

ENACTED by the Parliament of Zambia. Enactment

PART I

PRELIMINARY

1. (1) This Act may be cited as the Local Government Act. Short title

2. In this Act, unless the contest otherwise requires- Interpretation

"area", in relation to a council, means the District for which the council
has been established under this Act;

"Board" means a Provincial Local Government Appeals Board


established under section ninety-three.
"building" includes any structure, whether of a permanent or temporary
nature, and a part of a building or structure;

"city" means a District for which a city is established under this Act;

"city council" means a city council established under this Act;

"committee" means a committee of a council;

"control" includes, regulate, inspect, supervise and licence;

"council" means a city council, municipal council, or district council;

"councilor" means a person elected under the Local Government


Elections Act as a councillor;

"district council" means a district council established under this Act;

"District" means a District declared under the Provincial and District Cap. 286
Boundaries Act;

"employee" in relation to a council, means a person employed by a local


authority other than an officer;

"erection" in relation to a building, includes the alteration or


enlargement of a building;

"establish" when used relating to the functions of a council, includes


acquire, erect, build, construct, name, hire, equip and furnish;

"financial regulations" means regulations made under section forty-six


of this Act;

"land" shall have the meaning assigned thereto by the Land Act; Cap. 184

"levy" means a levy imposed under this Act;

"maintain," when used in relation to the functions of a council, includes


carry on, manage, operate and keep in repair;

"member" means a member of the Board;

"municipal council" means a municipal council established under this


Act;

"municipality" means a District for which a municipal council is


established under this Act;

"officer", in relation to a council, means a person employed in the


permanent establishment of a council, and includes a person appointed
on probation in such establishment;

"principal officer" means of the Chief Executive Officer of a council


and includes any person for the time being discharging the functions of
the Chief Executive Officer;

"private street" means any street other than a public street;

"property" includes all property, movable and immovable, and all


estates, interest, easements and rights whether equitable or legal;

"the public", when used in relation to meetings of a council or


committee, includes representatives of the Press;

"public street" means-

(a) any street entered in a register of streets and roads compiled and
maintained by a council; and

(b) any street which is taken over by a council and designated as a


public street;

"Secretary" means the Secretary of a Board holding office in accordance


with section ninety-six;

"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;

"treasurer", in relation to any council for which no treasurer has been


appointed, means the principal officer of the council;

"water-course" includes a canal and a canoe channel;

"water main" includes conduits, pipelines, valves, valve chambers,


meters, meter-houses, break-pressure tanks, scour chambers, scour
pipes, culverts, cuts, bridges, tunnels and all other things necessary in
connection with any water main;

"waterworks" includes streams, springs, weirs, boreholes, dams,


pumping stations, reservoirs, tanks, sluices, machinery, buildings, lands
and all other works and things necessary for taking, impounding,
discharging, storing, treating and filtering water.
(As amended by Act No. 19 of 1992 and Act No. 30 of 1995)

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:

Provided that a township council or management board shall be


established under this section only on the recommendation of the
appropriate city council, municipal council or district council.
As amended by Act No. 19 of 1992

4. (1) The President, may by statutory proclamation, confer on any Cities


municipal council established therefor the status respectively of a city
and a city council and shall determine the name by which such city and
city council shall be known.
(2) On and after the date on which a proclamation under this section has
effect, any reference in any written law, contract or other instrument or
document to the name of the municipality or municipal council to which
the proclamation relates shall be constructed as a reference to the name
of the city or city council, as the case may be, as determined by the
proclamation.

5. (1) Whenever as a consequence of any statutory order made by the Changes


President under the Provincial and District Boundaries Act- affecting
Districts
Cap. 286

(a) a new District is established;

(b) the area of any District is altered;

(c) a District ceases to exist;


the Minister may, by statutory order (in this Act referred to as a transfer
and vesting order), make any such provisions as may be in accordance
with the First Schedule for such changes as are necessary or appropriate
as regards the constitution, property, rights, obligation 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.

(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

6. Every council shall be a body corporate with perpetual succession Incorporation of


and a common seal, capable of suing and of being sued in its corporate councils
name, and with power, subject to the provisions of this Act and of any
other written law, to do all such other acts and things as a body corporate
may do by law and as are necessary for, or incidental to, the carrying out
of its functions and powers as set out in this Act.

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.

(2) The Minister may, subject to the provisions of subsection (1) by


statutory order and after consultation with the Council, alter the
corporate name of a 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.

9. (1) A council shall consist of- Composition of


council

(a) the members of Parliament in the district;

(b) two representatives of the Chiefs, appointed by all the Chiefs in


the district; and

(c) all the elected councillors in the district.

(2) After consultation with a council, the Minister may, by statutory


order, alter the number of councillors of which the council consists.
(As amended by Act No. 19 of 1992 and Act No. 30 of 1995)

10. Repealed by Act No. 30 of 1995.

11. No person shall be qualified for election as a councillor who is Disqualification


disqualified from election to a council under the Local Government of councillor
Elections Act.

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

(2) A representative of the Chief shall be appointed to hold office under


paragraph (b) of subsection (1) of section nine in such manner, and for
such term, not exceeding three years, as the chiefs in the district shall
determine.
(As amended by Act No. 30 of 1995)

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.

14. (1) The office of a councillor shall become vacant- Vacation of


office by
councillor

(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

(c) if the holder of the office accepts any remuneration for or on


account of anything done as a councillor, other than a fee or allowance
authorised by or under this Act; or

(d) if, having been elected to office as the endorsed candidate of a


political party, the holder of the office ceases to be a member of that
party; or

(e) if the holder of the office-


(i) being a member of a political party joins a political party other
than the one of which he was an authorised candidate when he was
elected;
(ii) resigns from a political party to become an independent; or
(iii) being an independent, joins a political party;

(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.

(3) Every vacancy occurring in accordance with the preceeding


provisions of this section shall be a casual vacancy in the membership of
a council and the principal officer of the council shall give public notice
thereof.

(4) When a member of Parliament in the district ceases to be a member


of Parliament, his office as a councillor shall be vacant until the
corresponding vacancy in the National Assembly is filled.
(As ammended by Act No. 30 of 1993 and Act No. 30 of 1995)

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.

(2) A councillor elected to fill a casual vacancy in the membership of a


council shall subject to the provisions of the subsection (1) of section
fourteen hold office until the expiration of the period during which the
councillor whose place he fills would, but for his office becoming
vacant, have continued in office.

Mayor, Deputy Mayor, Chairman and Vice-Chairman


16. (1) There shall be- Election of
mayor, deputy
mayor,
Chairman and
Vice Chairman

(a) for every city or municipal council, a mayor and a deputy mayor;

(b) for every township or district council, a chairman and vice


chairman; who shall be elected by the council from among persons who
are Councillors.

Provided that a councillor who is a member of Parliament or a chief


shall not be eligible for the office of Mayor, Deputy Mayor, Chairman
or Vice-Chairman of the council.

(2) The mayor, deputy mayor, chairman or vice-chairman of a council


shall be elected annually at the first ordinary meeting of council held
after the 1st September in that year.

(3) No person shall hold office as mayor, deputy mayor, chairman or


vice-chairman of a council for more than two consecutive terms and
where a person has held any such office for two consecutive terms he
may not be elected to that office again until after the expiration of two
years from the date on which he last held such office.
(As ammended by Act No. 19 of 1992 and Act No. 30 of 1995)

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

(c) if the holder of the office is removed from office by a resolution


of the council supported by the votes of not less than two-thirds of the
whole number of councillors of which the council consists; 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

(e) in the case of the office of deputy mayor or vice-chairman, if the


holder of the office is elected to the office of mayor or chairman, as the
case may be.

(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.

(3) Every vacancy occuring in accordance with the provisions of this


section shall be a casual vacancy in the office of mayor, deputy mayor,
chairman or vice-chairman, as the case may be of a council and the
principal officer of the council shall give notice thereof to 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

(2) A person elected to fill a causal vacancy in the office of mayor,


deputy mayor, chairman or vice-chairman of a council shall, subject to
the provisions of this Act, hold office until the expiration of the period
during which the person whose place he fills would, but for his office
becoming vacant, have continued in office.

20. Whenever the office of mayor or chairman of a council is vacant or Discharge of


the mayor or chairman is absent or is for any other cause prevented from functions of
or incapable of discharging the functions of his office- mayor or
(a) the deputy or vice-chairman of the council; or chairman
during vacancy
(b) if the office of deputy mayor or vice-chairman is vacant or the or absence
deputy mayor or vice-chairman is absent or is for any other cause
prevented from or incapable of discharging the functions of his office, a
councillor elected by the council;
shall discharge the functions of the office of the mayor or chairman of
the council.

21. Any functions discharged by a person purporting to hold or Validity of


discharge the functions of the office of mayor, deputy mayor, chairman discharge of
or vice-chairman of a council shall not be invalidated only by reason of a functions
defect afterwards discovered in the election or qualifications of such
person.

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:

Provided that the first ordinary meeting of a council newly established


under this Act shall be held at such place, on such day and at such time
as the Minister may appoint.

(2) The mayor or chairman of a council may convene a special meeting


of the council at any time, and shall convene a special meeting within
twenty-one days, or such lesser period as may be prescribed by the
standing orders of the council, after he receives a written request
therefor signed by not less than one-third of the whole number of
councillors of which the council consists and stating clearly the
purposes for which the special meeting is to be convened.

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) No business shall be transacted at a special meeting of a council


other than that specified in the notice relating thereto.

24. (1) Subject to the provisions of this section- Quorum

(a) at an ordinary meeting of a council, one-half of the whole


number of councillors of which the council consists shall form a quorum
etc.

(b) at a special meeting of a council, two-thirds of the whole number


of councillors of which the council consists shall form a quorum.

(2) Where, owing to-

(a) vacancies in the membership of a council; or

(b) the disablement of councillors under section twenty-seven; or

(c) a combination of the circumstances referred to in paragraphs (a)


and (b);
less than two-thirds of the whole number of councillors of which a
council consists are at the same time able to take part in the
consideration or discussion of, or to vote on, any question, the quorum
of the council in any proceedings relating to that question shall be
determined by reference to the number of councillors who actually hold
office on the council and who are not under a disablement imposed by
section twenty-seven instead of by reference to the whole number of
councillors of which the council consists.

25. There shall preside at any meeting of a council- Presiding in


(a) the mayor or chairman. council

(b) in the absence of the mayor or chairman, the deputy mayor or


vice-chairman; or
(c) in the absence of the mayor and the deputy mayor or the
chairman and the vice-chairman, such councillor as the council may
elect for that meeting.
26. (1) Save as otherwise provided by this Act or any other written law, Voting in
any question proposed for decision by a council shall be determined by a council
majority of the votes of the councillors present and voting at a meeting
of the council at which a quorum is present.

(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.

Provided that this section shall not apply to an interest in a contract or


other matter which a councillor may have as an occupier of a house
owned by the council or as a rate payer or inhabitant of the area of the
council or as an ordinary consumer of electricity or water, or to an
interest in any matter relating to the terms on which the right to
participate in any service, including the supply of goods, is offered to
the public.

(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-

(a) he or any nominee of his is a member or director of a company or


other body with which the contract is made or is proposed to be made or
which has a direct pecuniary interest in the matter under consideration;
or

(b) he is a partner, or is in the employment, of a person with whom


the contract is made or is proposed to be made or who has a direct
pecuniary interest in the other matter under consideration:
Provided that-
(i) this subsection shall not apply to membership of, or employment
under, any statutory corporation;

(ii) a member or director of a company or body shall not, by reason


only of his membership or directorship, be treated as being so interested
if he is not beneficially interested in any shares of that company or other
body.

(3) Where a councillor has indirectly a pecuniary interest in a contract


or other matter and would not fall to be treated as having such an interest
but for the fact that he has a beneficial interest in shares of a company or
other body then, if the total nominal value of these shares does not
exceed one-hundredth of the total nominal value of the issued share
capital of the company or body, so much of subsection (1) as prohibits
him from taking part in the consideration or discussion of, and from
voting on any question with respect to, the contract or other matter shall
not apply to him, without prejudice, however, to the duty of disclosure
imposed by subsection (1):

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.

(5) A general notice given in writing to the principal officer of a council


by a councillor to the effect that he or his spouse is a member or director
or in the employment of a specified company or other body, or that he or
his spouse is a partner or in the employment of a specified person, shall,
unless and until the notice is withdrawn, be deemed to be a sufficient
closure of his interest in any contract, proposed contract or other matter
relating to that company or other body or to that person which may be
the subject of consideration after the date of the notice.

(6) The principal officer of a council shall record in a book to be kept


for that purpose, particulars of any disclosure made under subsection
(1), and of any notice given under sub-section (5), and the book shall be
open at all reasonable times to the inspection of any councillor.

(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.

(8) No prosecution shall be instituted against any person for an offence


under this section except by or on behalf of the Director of Public
Prosecutions.

(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.

(10) In this section, the expression "shares" includes stock and


debentures and the expression "share capital" shall be construed
accordingly.
(As amended by Act No. 13 of 1994)

28. (1) A council may adjourn any meeting of the council from time to Adjournment of
time and from place to place. meetings

(2) If at any meeting of a council a quorum is not present, the


councillors present or, if there are no councillors present, the principal
officer of the council shall adjourn the meeting and may appoint for the
adjourned meeting such place, day and time as may be considered
suitable.

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.

(2) The minutes of the proceedings of a council shall, after amendment


if necessary, be confirmed by the council as a true record of the
proceedings and signed by the person presiding at the same or the next
meeting of the council.

(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.

(4) The minutes of the proceedings of a council, other than proceedings


from which the public have been excluded in pursuance of a resolution
adopted under subsection (2) of section twenty-nine, shall, at all
reasonable times, be open to the inspection of any interested person.

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.

(2) A council consisting of more than six councillors shall in the


exercise of the powers conferred by subsection (1), establish a standing
committee (hereinafter referred to as the Finance Committee) for the
purpose of-

(a) advising the council on financial matters; and

(b) discharging such functions of the council relating to finance as


may be delegated to it under this Act or as may be conferred or imposed
upon it by or under any other written law.

(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-

(i) no person other than a councillor shall be a member of the


Finance Committee;

(ii) not less than two-thirds of the members of a committee, other


than the Finance Committee, shall be councillors.

(2) A person shall cease to be a member of a committee if-

(a) being a councillor at the time of his appointment, he ceases to be


a councillor; or

(b) not being a councillor at the time of his appointment, he ceases


to be qualified for election as a councillor; or

(c) his appointment is revoked by the council.

(3) There shall be a chairman of every committee, who shall be elected


by the committee from amongst the members of the committee who are
councillors and who shall hold office until such time as-

(a) he ceases to be a member of the committee; or

(b) he is removed from office by the committee:

Provided that, in the exercise of its powers under this subsection, a


committee shall act in accordance with any directions of the council.

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

(2) Meetings of a committee shall not be open to the public.

The quorum at a meeting of a committee shall be such number of


members as may be prescribed by the Standing orders of the council or,
if no quorum is so prescribed, two members.

(4) There shall preside at any meeting of a committee-

(a) the chairman; or

(b) in the absence of the chairman, such member of the committee as


the committee may elect for that meeting.

(5) Any question proposed for decision by a committee shall be


determined by a majority of the votes of the members present and voting
at a meeting of the committee at which a quorum is present.

(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.

(7) Section twenty-seven shall apply in respect of members of a


committee as it applies in respect of councillors, subject to the following
modifications:

(a) references to meetings of the committee shall be substituted for


references to meetings of the council;

(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.

(2) The minutes of the proceedings of a committee shall, after


amendment if necessary, be confirmed by the committee as a true record
of the proceedings and signed by the person presiding at the same or the
next ensuring meeting of the committee.

(3) Within one month after the minutes of any proceedings of a


committee have been confirmed and signed, there shall be furnished to
the Minister such number of copies thereof as the Minister may
determine.

(4) The minutes of such proceedings at a meeting of a committee as


relate to the discharge of functions delegated to it by the council shall, at
all reasonable times, be open to the inspection of any interested person:

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.

(2) A council shall not-

(a) delegate the power to discharge any functions of the council to a


committee which includes persons who are not councillors; or

(b) delegate to any committee the power-


(i) to make and levy a rate; or
(ii) to adopt estimates of the revenues and expenditure of the
council; or
(iii) to borrow money; or
(iv) to impose fees and charges; or
(iv) to make by-laws; or
(vi) in the case of a city council or municipal council, to make
appointments to the dignity of alderman or to admit or annul the
admission of a person to the status of honorary freeman of the
city or municipality.

(3) A council may withdraw or alter any delegation to a committee, but


no such withdrawal or alteration shall affect anything done in pursuance
of any decision lawfully taken by the committee.

(4) Any function discharged by a committee in the exercise of powers


delegated to it under this section shall be deemed to have been
discharged by the council.
(As amended by Act No. 19 of 1992)

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.

(2) Subject to the provisions of the standing orders of a council, a


sub-committee shall determine its own procedure.

(3) A sub-committee shall not discharge any functions of the council


which have been delegated to the committee by which it was appointed.

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.

(2) Where in any financial year it appears to a council that expenditure


for a special purpose is desirable and that no provision or insufficient
provision has been made for it in annual estimates for that year, the
council may cause to be prepared and adopt supplementary estimates in
respect thereof for the approval of the Minister.

(3) All annual and supplementary estimates of a council shall be


prepared in such form and contain such information as may be
prescribed by financial regulations.

(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.

(5) The annual estimates of a council shall, at all reasonable times, be


open to the inspection of any interested person.

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.

(2) A council may, in accordance with financial regulations, establish


special funds as part of the general fund, and shall establish any such
fund if required by or under financial regulations to do so.

41. Subject to the provisions of financial regulations, a council shall Arrangements


make safe and efficient arrangements for the receipt of moneys paid to it for handling
and the issue of moneys payable by it and those arrangements shall be receipts and
carried out under the supervision of the treasurer of the council. payments

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.

(2) Save as otherwise provided by financial regulations, all receipts of a


council shall be paid into the banking account or accounts kept by the
council and all amounts payable by a council shall be paid therefrom.

(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:

Provided that no council resolution shall be required for any investment


where maturity period shall not be more than ninety days from the date
of investment.

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.

(2) Any constituency development grant or loan made by the Minister


under this section shall be paid out of moneys appropriated by
Parliament for the purpose.

(3) The Government shall make specific grants to the council concerned
for-

(a) water and sanitation;

(b) health services;

(c) fire services;


(d) road services;

(e) police services;

(f) primary education;

(g) agricultural services;


(As amended by Act No. 19 of 1992 and Act No. 30 of 1995)

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-

(a) the keeping of the accounts of councils, including separate


accounts of any undertaking or service established and maintained by
the council, and the form of, and information to be included in, the
account of councils and the summarised statements thereof;

(b) the payment of moneys into and from banking accounts;

(c) the form of, and information to be included in, the annual and
supplementary estimates of councils;

(d) the establishment of special funds and the payment of moneys


into and the withdrawal of moneys from such funds;

(e) the composition or remission of debts due to councils.


(As amended by Act No. 19 of 1992 and Act No. 30 of 1995)

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

(b) by the issue of stock or bonds;


(c) by mortgage;
(d) by temporary loan or overdrat from a bank or other source;
(e) by loan from any other source.

48. Notwithstanding the provisions of section forty-seven, no council Foreign


shall borrow money or receive any grant of money from a foreign borrowing
government or foreign organisation. prohibited

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.

50. Where any sum of money is borrowed by a council, it shall be Suspension of


lawful for any annual provision required to be made by the council for repayment of
the repayment of the sum so borrowed to be suspended, with the consent sums borrowed
of the lender, for such period (not exceeding five years) as the Minister
may determine.

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

(2) There shall be payable by a council in respect of the services of the


auditor to the council such fee as the Minister may determine and that
fee shall be paid into the general revenues of the Republic or, if the
auditor is not a public officer, to the auditor.

53. It shall be the duty of the auditor to a council- Functions of


(a) to audit the accounts of the council for the financial year in auditor
respect of which he is appointed;
(b) to investigate such specific matters, if any, relating to the
accounts of the council for that financial year as the Minister or the
council may direct;
(c) to report to the council on his audit and investigations;
(d) to report to the council any case in which it appears to him that-

(i) any expenditure has been incurred contrary to law;

(ii) any sum has not been duly brought into account;

(iii) any loss or deficiency has been incurred.

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.

(2) Any person summoned to appear before the auditor to a council


who, without sufficient cause-
(a) refuses or fails to comply with the summons; or

(b) having appeared before the auditor, refuses to be examined on


oath or affirmation or to take such oath or affirmation; or

(c) having taken such oath or affirmation, refuses to answer such


questions pertaining to the accounts of the council as are put to him;
shall be guilty of an offence and liable on conviction for every such
refusal or failure, to a fine not exceeding one hundred and sixty penalty
units or to imprisonment for a period not exceeding six months or to
both.
(As amended by Act No. 13 of 1994)

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;

(b) the period during which representations regarding the accounts


of the council may be made to the auditor to the council; and

(c) the name and address of the auditor to the council.

(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

(b) by arrangement with the auditor, in person or by his


representative.

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

(b) a copy of the audited summarised statement of accounts of the


council.

(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.

(4) The Minister may give to a council such directions as he thinks


necessary to ensure that the council acts in conformity with any
recommendations contained in the report of the auditor.

(5) Without limiting the operation of section eighty-eight, where a


council fails to transmit to the Minister, within the time allowed under
subsection (2), the report and statement of accounts referred to in that
subsection, the Minister may, for as long thereafter as the council
continues to fail to transmit them, suspend or withhold grants due to the
council
(As amended by Act No. 30 of 1995)
57. (1) The Minister shall cause any part of the report of the auditor to a Powers of
council made in pursuance of paragraph (d) of section fifty-three to be disallowances
brought to the notice of any councillor or officer or employee of the and surcharges
council who may be affected thereby and shall afford to every such
person an opportunity of furnishing an explanation to the Minister.

(2) After considering any explanation furnished to him under


subsection (1), the Minister shall-

(a) disallow any expenditure which has been incurred contrary to


law;

(b) surcharge the amount of any expenditure disallowed upon the


person or persons responsible for incurring or authorising the
expenditure;

(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:

Provided that, if the Minister is satisfied that-


(i) any person upon whom a surcharge might be made under this
subsection acted reasonably by or in the belief that his action
was authorised by law; or
(ii) the act or omission which might have involved the making of a
surcharge under this subsection took place in such circumstances
as to make it fair and equitable that a disallowance or surcharge
should not be made;
the Minister may abstain from making a disallowance or surcharge or
make any such reduction in such disallowance or surcharge as he deems
equitable.
(3) The Minister may direct a council to make such adjustments to its
accounts arising from any disallowances made in pursuance of
paragraph (a) of subsection (2) as he thinks necessary.

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-

(a) confirm, vary or quash the decision of the Minister;

(b) remit the case to the Minister with such directions as it thinks fit
for giving effect to the decision on appeal;

(c) make such other order as to costs or otherwise as may to it seem


just.

(3) The Chief Justice may, by statutory instrument, make rules


providing for the period within which appeals under this section may be
brought and otherwise regulating such appeals.

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.

(2) The Minister may authorise the payment of a surcharge in


instalment:

Provided that if default is made in the payment of any instalment the


balance of the surchage outstanding shall thereupon become payable.
(3) The amount of any surcharge which is not paid shall be recoverable
by the council as a civil debt.

(4) In any proceedings for the recovery of the amount of a surcharge, a


certificate signed by the Minister shall be conclusive evidence of the
facts certified and a certificate signed by the treasurer of the council that
the sum certified to be due has not been paid to him shall be conclusive
evidence of nonpayment unless it is proved that the sum certified to be
due has been paid since the date of the certificate.

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.

(2) The provisions of-

(a) sections fifty-three and fifty-four; and

(b) sections fifty-seven, fifty-eight and fifty-nine;


shall, with the necessary modifications, and subject to the provisions of
this section apply in relation to an extraordinary audit of the accounts of
a council conducted under this section as they apply in relation to an
ordinary audit of such accounts

(3) An auditor shall, after completing an extraordinary audit of the


accounts of a council and his investigations, if any, make his report to
the Minister and shall submit a copy of the report 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

62. (1) A council may discharge any functions conferred on it by or General


under this Act within the area of the council and unless the context provision with
otherwise requires, a council may, with the, approval of the Minister respect to
discharge any such function outside the area of the council. discharge of
functions

(2) A council may do anything necessary for or incidental to the


discharge of any function conferred on it by or under this Act.

(3) Whenever by or under this Act power is conferred on a council to


establish and maintain an undertaking, service on facility, the council
may-

(a) control the undertaking, service or facility and prohibit use of it


by the public or any class of the public;

(b) join with the Government, another council or any other person or
authority in establishing and maintaining the undertaking, service or
facility;

(c) abolish or discontinue the undertaking, service or facility.

(4) Save as otherwise expressly provided by this Act, a council shall


discharge any function conferred on it by or under this Act subject to
and in accordance with the provisions of any other written law relating
to the discharge of that function by the council.
63. (1) A council may enter into contracts necessary for the discharge Contracts
of any of its functions.

(2) All contracts made by a council shall be made in accordance with


the standing orders of the council and, in the case of contracts for the
execution of works or the supply of goods or materials, the standing
orders shall-

(a) require that, except as otherwise provided by or under the


standing orders, notice of the intention of the council to enter into the
contract shall be published and tenders invited; and

(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;

(b) for regulating the entering into of contracts by the council.

(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-

(a) if it is necessary for preserving order at the meeting; or

(b) whilst any contract, proposed contract or other matter in which


the councillor or member has any pecuniary interest, direct or
indirect, is under consideration.

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-

(a) in the interests of public safety, public order, public morality,


public health or town and country planning; or

(b) in order to secure the development or utilisation of that or other


land for a purpose beneficial to the inhabitants of the area of the
council acquire the land under the powers conferred by that Act.
All expenses and compensation thereby incurred shall be paid by
the council into the general revenues of the Republic and, upon
such payment being made, the estate of any land so acquired by
the President shall be transferred to the council at the cost of the
council.

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

(a) towards the establishment or maintenance of the institutions


hereinafter mentioned, not being of a private character, that is to
say:
(i) hospitals, libraries, art galleries, museums and musical or
scientific institutions;
(ii) universities, colleges and schools;
(iii) institutions providing accommodation for the aged, destitute or
infirm, or for orphans;
(iv) such other institutions as the council may determine;

(b) to persons for educational purposes;

(c) to officers or employees of the council for such purposes as the


Minister may determine.

(2) A council may make grants of money to any association of local


authorities formed for the purposes of consultations as to the common
interest of those authorities.
(3) A council may, with the approval of the Minister, make loans of
money-

(a) to another council;

(b) to any person or authority for the erection purchase and


maintenance of buildings for use as dwellings or clubs and,
where it is in the public interest, for use for business or
professional purposes.

69. (1) A council may, make by-laws imposing all or any of the Imposition of
following levies: levies

(a) a levy on leviable persons owning or occupying property or


premises situated within the area of the council;

(b) a levy on leviable persons carrying on a business, trade or


occupation within the area of the council;

(c) a levy on the purchase or sale of a commodity within the area of


the council.

(2) By-laws imposing a levy may-

(a) make different provision with respect to different classes of property


or premises, different classes of businesses, trade or occupations and
different classes of commodities;

(b) make provision for-


(i) specifying the manner and times at which and the persons by
whom a levy shall be paid and collected;
(ii) exemptions from a levy;
(iii) suspending a levy, in whole or in part.

(3) The proceeds of a levy shall accrue to the council.

(4) The amount of any levy which is not paid shall be recoverable by the
council as a civil debt.

(5) For the purpose of this section, "leviable person" means-

(a) any person apparently of or above the age of eighteen years; and

(b) any body of persons, corporate or unincorporate.

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;

(b) for any service or facility provided or goods or documents


supplied by the council in pursuance of or in connection with the
discharge of any function of the council.

(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

(a) pay fees to councillors;

(b) pay allowances to councillors, officers and employees of the


council in respect of travelling, subsistence and out-of pocket expenses
incurred by them on the business of the Council.
(c) pay allowances to the spouse of the mayor or chairman and of
the principal officer of the council in respect of travelling, subsistence
and out-of pocket expenses incurred by the spouse in attending, by
invitation, a conference or function of national or local importance;

(d) pay expenses incurred in undertaking public hospitality.

(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.

Provided that whenever the functions of the mayor or chairman of the


council are discharged in any continuous period not being less than
thirty days, by the deputy mayor or the vice-chairman of the council a
proportionate part of the allowance under this section shall be paid for
such period to the deputy mayor or vice-chairman of the council.

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.

(2) Where no fund referred to in subsection (1) has been established or


in cases where no benefit accrues from any such fund which has been
established, a council may, with the approval of the Minister, grant from
its general fund pensions and gratuties to officers on their retirement
from the service of the council and to the dependants of deceased
officers.

(3) Where any officer or dependant of a deceased officer is in receipt of


a pension from a fund referred to in subsection (1), a council may, with
the approval of the Minister, from its general fund grant to such officer
or dependant an additional or increased pension or gratuity in respect of
any service of the officer or deceased officer in relation to which no
pension or gratuity is payable from the fund:

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.

(4) For the purpose of this section "officer" means an officer or


employee of council.

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;

(b) if it considers that a person appointed to the dignity of alderman


has subsequently ceased to be worthy of the dignity, revoke the
appointment.

(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.

(3) An alderman shall be entitled whether or not he is a councillor, to


retain the title of alderman.

(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-

(a) admit to the status of honorary freeman of the city or


municipality persons of distinction and persons who have rendered
eminent services to the city or municipality;

(b) if it considers that a person admitted to the status of honorary


freeman of the city or municipality has subsequently ceased to be
worthy thereof, annul the admission of the person to such status.

(2) The power of admitting or annulling the admission of a person to the


status of honorary freeman of a city or municipality shall not be
exercised except by resolution of the city or municipal council
supported by the votes of not less than two-thirds of the whole number
of councillors.

(3) The principal officer of a municipal council shall keep a list, to be


styled the honorary freemen's roll, in which shall be inscribed the names
of all persons admitted to the status of honorary freeman of the
municipality and from which shall be removed the name of any person
whose admission to that status has been annulled.

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

BY-LAWS AND REGULATIONS

Power to make by-laws

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;

(b) for prohibiting any of the things which it is empowered by or


under this Act to prohibit;

(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;

(d) for providing for the issue or supply of licences permits,


certificates and other instruments and documents.

(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

Provided that nothing in this section shall be construed as precluding the


use of another laguage as well as English to bring the content of any
such by-law to the notice of any person concerned.

78. A by-law made by a council under this Act may- Conferring of


powers on officers
(a) require acts or things to be performed or done to the satisfaction and agents of
of an officer or agent of the council and may empower an officer or council
agent of the council to issue directions to any person requiring acts or
things to be performed or done, imposing conditions and prescribing
periods and dates upon, within or before which such acts or things shall
be performed or done or such conditions shall be fulfilled; and
(b) confer on the officers and agents of the council such powers of
entry, inspection, inquiry and execution of works as may be reasonably
necessary for the proper carrying out or enforcement thereof.

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-

(a) a fine of eighty penalty units or imprisonment for a period of six


months, or both; and

(b) in the case of a continuing contravention of such by-law, a fine


of sixteen penalty units for every day during which the contravention
continues.
(2) A by-law made by a council under this Act may provide that in
addition to or in substitution for any penalty prescribed for a
contravention of such by-law, any expenses incurred by the council in
consequence of such contravention or in the execution of any work
directed by or under such by-law to be executed by any person and not
executed by him, shall be paid by the person committing the
contravention or failing to execute the work.

(3) Where any person is convicted of contravening any condition


subject to which a licence or permit has been issued to him under any
by-law or regulation made under this Act, the court which convicts him
may in addition to or in substitution for any penalty prescribed for a
contravention of such by-law or regulation, revoke the licence or permit
in respect of which the offence was committed.
(As amended by Act No. 13 of 1994)

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.

Procedure for Making By-laws and Powers of Minister

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-

(a) the intention to apply for confirmation of the by-law;

(b) the deposit of the by-law required by this section and the right to
inspect such by-law;

(c) the procedure for lodging objections to the by-law.


(3) Any interested person may, at any time before application is made
for confirmation of the by-law, lodge an objection in writing to the
by-law with the principal officer of the council and shall furnish a copy
of his objection to the Minister.

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

(2) An application by a council for the confirmation of any by-law by


the Minister shall be accompanied by-

(a) three authenticated copies of the by-law;

(b) an authenticated copy of the minutes of the meeting of the


council at which the by-law was made;

(c) a certificate, signed by the principal officer of the council, that


the provisions of section eighty-one have been complied with;
and

(d) the comments of the council on any objections lodged.

(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

(2) Before exercising the powers conferred by subsection (1), the


Minister shall give the council reasonable notice of his intentions and
shall afford the council an opportunity of making representations to him
thereon.

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

(a) apply all or any regulations made under section eighty-four to


the whole or any part of the area of the council;
(b) withdraw the application of any regulations so applied.

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

LOCAL GOVERNMENT ADMINISTRATOR

88. (1) Whenever, by reason of the refusal, failure or inability of a Appointment of


council adequately to discharge all or any of its functions, the Minister Local Government
Administrator and
considers it necessary or expedient in the interest of local administration
to do so, he may, by statutory order- discharge by him
of functions of
council

(a) appoint a public officer to be the Local Government


Administrator for that council; and

(b) notwithstanding anything contained in this Act-

(i) suspend all councillors of the council from performing all of


their functions as councillors and empower the Local
Government Administrator to discharge all the functions of the
council; and

(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.

(2) Any functions of the council discharged by a Local Government


Administrator under subsection (1) shall be deemed to have been
discharged by the council in accordance with this Act.

(3) The Local Government Administrator shall relinquish office upon


the lifting of the suspension or the election of a new council, as the case
may be.

(As amended by Act No. 30 of 1995)

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

Provided that the Minister may, if he considers it desirable in the interest


of local administration, extend the order for further periods of ninety
days at a time.

(2) On the revocation of the order appointing the Local Government


Administrator made under section eighty-eight the Local Government
Administrator shall cease to discharge the functions of the council, and
such functions shall be invested in and discharged by the council as
constituted in accordance with section nine.
PART X

SERVICE WITH COUNCILS AND PROVINCIAL


LOCAL GOVERNMENT APPEALS BOARDS

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.

(As amended by Act No. 30 of 1995)

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.

(2) A council may, in accordance with regulations issued by the


Minister, make arrangements with any Ministry or statutory corporation
for the secondment to the council of an officer of the civil service or of
any such corporation.

(As amended by Act No. 30 of 1995)

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.

(2) Without prejudice to the generality of subsection (1), regulations


made under this section may provide for-

(a) the creation or abolition of any post in a council;

(b) the terms and conditions of appointment, promotion, transfer,


dismissal, discharge and discipline of officers and employees;
(c) the qualifications for appointment to any post in a council;

(d) a right of appeal to a provincial local government appeals board


by an officer or employee and the procedures to be followed for
such appeals;

(e) the establishment of a council secretariat under the supervision


of the principal officer of the council, the other members of the
secretariat, and their functions; or

(f) the training of employees and officials of a council and the


standards for promotion.

(3) Regulations under this section may make different provisions for
different categories of councils and different categories of officers or
employees.

(As amended by Act No. 30 of 1995)

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.

(3) A person shall not be qualified for appointment as a member of a


board if-

(a) he holds the office of President of the Republic;

(b) he is a member of the National Assembly;

(c) he is a councillor;

(d) he is employed in any council;

(e) he is a member of any staff association of a council, a trade


union or any other similar organisation;

(f) he is, under any law in force in Zambia, adjudged or otherwise


declared to be of unsound mind;

(g) he has been sentenced to a term of imprisonment exceeding six


months; or

(h) he is an undischarged bankrupt, having been adjudged or


otherwise declared bankrupt, under any law in force in Zambia.

(4) One of the members of the board shall be appointed by the Minister
as Chairman of the board.

(As amended by Act No. 30 of 1995)

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;

(b) the office of a member shall become vacant-


(i) at the expiry of the term for which he was appointed or
re-appointed;
(ii) if any circumstances arise that, if he were not a member, would
cause him to be disqualified for appointment as such;
(iii) if he dies; or
(iv) if he resigns his office as such.

(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.

(5) A member may resign from office by notice in writing addressed to


the Minister, and the resignation shall take effect when it is accepted by
the Minister.
(As amended by Act No. 30 of 1995)

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)

97. No action or other proceedings shall be brought against any Immunity of


member of a board for or in respect of any act done or omitted to be done members
in good faith in the exercise or purported exercise of his powers under
this Act or any regulation or rule made thereunder.
(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-

(a) he has no religious belief; or

(b) the taking of an oath is contrary to his religious belief;


he may take and subscribe a solemn affirmation in the form prescribed
by subsection (1) substituting the words "solemnly and sincerely declare
and affirm" for the word "swear" and omitting the words "SO HELP ME
GOD".
(As amended by Act No. 30 of 1995)

99. (1) The functions of a board shall be to- Powers of boards

(a) hear grievances from officers relating to promotions or


demotions;

(b) review disciplinary cases from the council relating to officers


and employees of that council; and

(c) hear appeals on disciplinary matters from officers and


employees of such councils.

(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;

(b) whenever it considers it expedient for the proper discharge of its


functions, a board may invite any person to advise the board
upon any matter being considered by the board, but the board
shall not be bound to accept such advice.

(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)

102. Notwithstanding anything to the contrary in any other written Certain


law, no person shall in any legal proceedings be permitted or compelled communications to
be privileged
to produce or disclose any communication, written or oral, which has
taken place between a board or any member of a board or officer of the
board, or any council or any person employed by a council, or between
the members or officers or employees of the council in exercise of, or in
connection with the exercise of, any of the functions of a board, unless
the Minister has consented in writing to such production or disclosure.
(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.

(2) Any person who knowingly contravenes subsection (1) 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.

(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)

105. Repealed 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

107. The Minister may, by statutory instrument- Fire services

(a) establish a fire authority for any area;


(b) alter the area of any fire authority;
(c) require a council to carry out the functions of a fire authority;
(d) require a fire authority to enter into arrangements with other fire
authorities or other organisations for mutual co-operation and
assistance;
(e) prescribe the powers and functions of a fire authority;
(f) regulate the operations of any fire brigade;
(g) regulate the standards for providing, maintaining and operating
by any person of-
(i) adequate fire-fighting equipment;
(ii) fire-prevention equipment or service;

(iii) fire-escape facilities in any premises;


(h) provide for the inspection of any premises by fire inspectors or
fire officers;
(j) provide for the qualifications for appointment, powers and
functions of fire inspectors or fire officers, and for their names to
be notified in the Gazette; and
(i) provide for such matters as to him appear necessary for the
purposes of ensuring adequate fire services in any area.

PART XII

MISCELLANEOUS PROVISIONS

108. (1) A document requiring authentication by a council shall be Authentication of


sufficiently authenticated if signed by the principal officer of the council documents and
execution of deeds
or any other officer of the council authorised in that behalf by resolution
of the council.

(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.

(3) Any document purporting to be a document duly authenticated or


executed by or on behalf of a council shall, unless the contrary is proved,
be deemed to be a document so executed or authenticated.

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.

(2) A document shall be deemed to be open to the inspection of any


person or class of persons at all reasonable times if it is open to such
inspection at the offices of a council during the normal office hours of
the council.

110. A public notice required to be given by a council or by an officer Public notice


of a council shall be given by publication of the notice in a newspaper
circulating in the area of the council or in such other manner as the
Minister may approve.

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

(b) by post addressed to the principal officer of the council.

(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-

(a) personally upon such person, any agent of such person


empowered to accept service on his behalf or any adult of the
family of such person;

(b) by post addressed to the person at the last address known to the
council; or

(c) by affixing a copy of the document on some conspicuous part of


any premises or land to which it relates or in connection with
which it is authorised or required to be served; 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.

(2) Where a council deems it expedient for the promotion or protection


of the interests of the inhabitants of its area, it may institute or defend
any civil proceedings.

(3) A council may by resolution authorise any officer of the council,


either generally or in respect of any particular matter, to institute or
defend on its behalf proceedings before any subordinate court or to
appear on its behalf before a subordinate court in any proceedings
instituted by it or on its behalf or against it; and any officer so authorised
shall be entitled to institute or defend any such proceedings and to
conduct any such proceedings although he is not a legal practitioner.

(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.

113. (1) The minutes of a meeting of a council or committee purporting Evidence


to be signed as provided by this Act, and any copy of or extract
therefrom duly authenticated shall be prima facie evidence in any
proceedings of the facts set out therein without proof of-

(a) the signature of the person presiding at the meeting; or

(b) the meeting to which the minutes refer having been duly
convened or held; or

(c) the person attending such meetings having been councillors or


members of the committee as the case may be.

(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.

114. Any person who- Penalties for


obstruction
(a) wilfully obstructs any officer, employee or agent of a council in
the discharge of his functions; or
(b) being the occupier of any premises, prevents the owner of such
premises from executing any work which he is required by or
under this Act to execute, or otherwise prevents the owner of
such premises from complying with any of the lawful
requirements of a council or of an officer, employee or agent of a
council; or
(c) being the occupier of any premises, on demand made by an
officer, employee or agent of a council, refuses or wilfully
mistakes the name of the owner of such premises;
shall be guilty of an offence and liable, on conviction, to a fine not
exceeding eighty penalty units or to imprisonment for a period not
exceeding six months, or to both.
(As amended by Act No. 13 of 1994)

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.

(2) Any officer of a council who is authorised thereto by the council


with the approval of the Inspector General of Police, may, when wearing
such uniform or bearing such visible badge of office as the council may
determine, arrest without warrant any person upon reasonable suspicion
of his having committed a contravention of this Act within the area of
the Council and may detain such person until he can be delivered into
the custody of a police officer to be dealt with according to law.

(3) No person shall be arrested or detained without warrant under this


section unless reasonable grounds exist for believing that, except by the
arrest of the person, he could not be found or made answerable to justice
without undue delay.

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.

117. Any function discharged by a person purporting to be an officer Validity of


or employee of a council shall not be invalidated only by reason of a discharge of
functions by
defect afterwards discovered in the appointment or qualifications of officers and
such officer or employee. employees of
council

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.

(2) A Provincial Local Government Officer and a District Local


Government Officer shall within the Province or District for which he is
appointed-

(a) discharge such functions of the Minister under Statutory


Functions Act and this Act as may be delegated to him; and

(b) discharge such other functions as may be conferred or imposed


upon him by or under any written law.

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

(a) approve, confirm or determine the matter generally or specially


and subject to such conditions and limitations as may be
specified in the approval, confirmation or determination;

(b) withdraw or alter any approval, confirmation or determination


so given or made;

Provided that no such withdrawal or alteration shall affect anything


lawfully done in pursuance of the approval, confirmation or
determination.
(2) Any approval, confirmation or determination of the Minister for the
purposes of this Act shall be signified-

(a) by statutory order; or

(b) by notice in writing addressed to the principal officer of the


council concerned;
and the withdrawal or alteration of any such approval, confirmation or
determination shall be signified in like manner.

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.

(3) Nothing in this section shall be construed as requiring the Minister,


in the discharge of his functions under this Act, to give effect to any
recommendations made to him under subsection (1).

PART XIII

REPEAL, SAVINGS AND TRANSITIONAL

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.

(5) Where as a consequence of any statutory order made by the


President under Provincial and District Boundaries Act-

(a) a new District is established;

(b) the area of any District is altered;

(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.

(2) The abolition of the Local Government Service Commission by the


Local Government (Amendment) Act, 1995 shall not affect, in any
manner, the employment of any person with a council.
(As amended by Act No. 30 of 1995)
FIRST SCHEDULE
(Section 5 and 121)

TRANSFER AND VESTING ORDERS

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.

5. To establish and maintain farms and allotment gardens. Agriculture


6. To take and require the taking of measures for the-
(a) storage, market and preservation of agricultural produce;
(b) conservation of natural resources, and
(c) prevention of soil erosion, including the prohibition and control of cultivation.
7. To take and require the taking of measures for control of grass weeds and wild vegetation
and for the suppression and control of plant and insect pests and diseases.
8. To maintain, protect and control local forests and woodlands.
9. To control the keeping and movement of livestock.
10. To establish and maintain ponds.
11. To establish and maintain grazing grounds.
12. To take measures for the destruction and control of bees and of dangerous animals and
reptiles.
13. To control the slaughtering of animals the meat of which is intended for human
consumption; to control the sale of such meat; and to require the disposal of diseased
animals and carcasses and of meat which is unfit for human consumption.
14. To establish and maintain abattoirs, cold storage facilities and plans for the processing
of by-products from abattoirs.
15. To control the movement of the carcasses of animals.
16. (a) to establish and maintain roads;
(b) to exercise general control, care and maintenance of all public roads, streets, avenues,
lanes, sanitary lanes and footwalks forming part thereof, bridges, squares, ferries and water
courses and to remove all obstacles therefrom;
(c) to close or divert any public road street or throughfare;
(d) to close or divert ferries and water courses;
(e) to declare a street or road to be a public street or road;
(f) to compile and maintain a register of all public streets and roads;
(g) to make up to tarmacadamised standard any private street and to charge the statutory
leaseholders or occupiers of the land abutting on such streets in proportion to frontage and
to recover the costs as a civil debt; and
17. To prohibit and control the erection and laying in, under or over, and the removal from,
streets and other public places of-
(a) posts, wires, pipes, conduits, cable and other apparatus;
(b) temporary platforms, seats and other structures;
(b) street decorations.
18. To control traffic and the parking of vehicles and, for that purpose to establish and
maintain parking meters and premises for the parking of vehicles.
19. To take measures for the promotion of road safety.

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.

38. To establish and maintain a public transport service. Education


39. To establish and maintain colleges, schools and day nurseries.

40. To establish and maintain environmental health services. Public


(As amended by Act No. 22 of 1995) Health
41. To establish and maintain cremeteries, cremetoria and mortuaries and otherwise to
provide for and control the burial of the dead, and destitute persons who die in the area of
the council.
42. To control the manufacture, storage, sale and use of petroleum, fireworks, gas and other
combustible or dangerous substances; and to establish and maintain magazines and other
facilities for the storage thereof.
43. To take and require the taking of measures for the preservation and improvement of
public health and the prevention and abatement of nuisances including measures for the
extermination of mosquitoes and other insects rats, mice and other vermin.

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.

49. To provide for and maintain- Registration


(a) the enumeration and registration of persons or property for any purpose connected with
the administration of the area of the council;
(b) the registration of births, marriages and deaths;
(c) the registration of clubs; and
(d) the registration of such transactions in connections with land charges as may be
prescribed in any written law relating to land charges.

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))

OATH OF MEMBERS OF BOARD

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

THE LOCAL GOVERNMENT ACT Statutory


SECTIONS 3 AND 121(3)-THE LOCAL GOVERNMENT Instruments
138 of 1991
(ESTABLISHMENT OF COUNCILS) AND (TRANSFER AND VESTING)
104 of 1992
ORDER
51 of 1993
Order by the Minister 154 of 1996
164 of 1996
30 of 1997
62 of 1997

PART I
E STABLISHMENT OF C OUNCILS

1. This Order may be cited as the Local Government (Establishment of Title


Councils) and (Transfer and Vesting) Order.

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

3. In this part unless the context otherwise requires- Interpretation

"Predecessor" means a council established under the Local Act No. 15 of


Administration Act, 1980; 1980

"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

(a) the undertaking of the Predecessor including the funds, accounts


and investments of the Predecessor;

(b) subject to this Order, all property rights, liabilities and


obligations which immediately before the publication of this
Order were property, rights, liabilities and obligations of the
Predecessor.

(2) Subject to the approval of the Successor and as hereinafter


provided, every bond, deed and agreement for personal service to which
the Predecessor was a party before the publication of this Order, whether
in writing or not, and whether or not of such a nature that the rights,
liabilities and obligations thereunder could be assigned, shall, unless its
subject matter or terms make it impossible that it should have effect as
modified in the manner provided by this subsection, have effect as from
the date of the assignment thereof as if-

(a) the Successor had been a party thereto;

(b) for any reference to the Predecessor there were substituted, as


respects anything falling to be done on or after the date of
publication of this Order, a reference to the Successor;

(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.

(3) Subject to subsection (2) documents other than those referred to


therein, which refer specifically or generally to the Predecessor shall be
construed in accordance with the said subsection as far as applicable.

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.

6. (1) Whenever in pursuance of this Act, any property, rights, Registration of


liabilities or obligations of the Predecessor are deemed transferred in property to be
respect of which transfer of any written law provides for registration, the transferred to
Successor shall make an application in writing to the proper officer of Successor
the appropriate registration authority for the registration of the transfer.

(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.

(2) Any legal proceedings or application to any authority pending


immediately before the date of publication of this Order by or against
the Predecessor may be continued by or against the Successor.
(3) After the date of publication of this Order proceedings in respect of
any right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the Predecessor may be instituted by or against
the Successor.
District Council

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)

THE LOCAL GOVERNMENT SERVICE ACT

THE LOCAL GOVERNMENT SERVICE REGULATIONS


[ARRANGEMENT OF REGULATIONS]

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

37. Presiding at meetings


38. Record of meetings
39. Decisions by Commission
40. Dissent
41. Quorum

PART V
M ISCELLANEOUS

42. Production of relevant documents, etc.


43. Correspondence
44. Power to review staff complements and gradings
45. Examinations and training
46. Standing Orders
47. Service by post in certain cases
48. Cases not otherwise provided for
SCHEDULE-Classes of persons not subject to Regulations

THE LOCAL GOVERNMENT ACT Statutory


SECTION 93-LOCAL GOVERNMENT SERVICE REGULATIONS Instrument
94 of 1992
Regulations by the Minister

PART I
P RELIMINARY

1. These Regulations may be cited as the Local Government Service Title


Regulations.

2. In these Regulations, unless the context otherwise requires- Interpretation


"appointing authority" means the Commission and includes any person
to whom the Commission may have delegated its powers under
subsection (3) of section six of the Act;
"basic salary" means salary exclusive of all allowances (including any
inducement allowance) and of any direct payment made under any
assistance scheme;
"chief officer" means a Director of Administration, Director of Finance,
Director of Engineering Services, Director of Housing and Social
Services, Director of Legal Services and Director of Public Health or
such other person as the Minister may, by Gazette notice declare to be a
chief officer;
"Commission" means the Local Government Service Commission
established under section ninety-four;
"local government employee" means a person employed in the local
government service;
"local government service" means the unified service of the local
government covering all persons employed by and receiving salary or
wages from a local authority;
"officer" in relation to any local authority means a person appointed to
an office in the permanent establishment and includes a person
appointed on probation to such office;
"permanent establishment" means the list of offices laid down from time
to time by the Commission, with the approval of the Minister, as being
the permanent establishment of the local government service;
"principal officer" means in relation to a city or municipal council, the
Town Clerk, and in relation to a township or district council, the
Township or District Manager.
"secretary" means the person appointed secretary to the Commission
under section ninety-six.

3. These Regulations shall apply to all local government employees Application


except the classes of persons specified in the Schedule to these
Regulations.

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

7. An application for the constitution of a local government office Constitution of


shall be made to the Commission by a principal officer and every such local
application shall state- government
(a) the title of the office; office

(b) the salary or salary scale to be attached to such office;


(c) whether the proposed office is to be permanent;
(d) the reason why the constitution of such office is considered
desirable;
(e) the qualifications which will be required for any holder of the
proposed office and the duties which any such holder will be
required to perform;
(f) whether or not funds to service the post are available; and
(g) such other details as the Commission may require.

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.

9. (1) Where a vacancy occurs or it is expected that a vacancy will Notification of


occur in any local government office the principal officer shall notify vacancies
the Secretary and shall state whether, in his opinion the vacancy should
be filled by the promotion of an officer serving in the local authority in
which such office exists.

(2) Where a principal officer recommends the promotion or transfer of


an officer serving in the local authority in which the office exists, he
shall furnish the Secretary with the record of service in Zambia of the
officer recommended.

(3) Where the principal officer is unable to recommend the promotion


or transfer of an officer serving in the local authority to fill any vacant
office, he shall report to the Secretary the names of the officers serving
in the cadre or grade from which promotion or transfer would normally
be made, together with his reasons for not recommending any of those
officers for promotion or transfer.

10. (1) Subject to sub-regulation (2), applications for appointment to Advertisement


vacant offices shall be invited by public advertisement in Zambia, or
with the approval of the Minister, outside Zambia, in such manner as
may be determined by the Commission.

(2) A vacant office shall not be advertised-


(a) where the Commission is satisfied that the office should be filled
by the promotion, or re-engagement of an officer serving in the
local authority in which the vacancy exists or the continued
employment of an officer on temporary terms; or
(b) in Zambia, where the Commission is satisfied that, in response to
advertisements in Zambia, there is no reasonable likelihood of
any application being received from a candidate who is qualified
and suitable for the office.

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.

12. In exercising its powers in connection with the appointment, Selection of


promotion or transfer of officers in the service, the Commission shall candidates
primarily have regard to the necessity of maintaining a high standard of
professional conduct and efficiency in the local government service and
in so far as it is compatible with that objective shall-
(a) give the consideration to qualified officers currently in the
service of a local authority and to citizens of Zambia; or
(b) in the case of officers in the service, take into account their
qualifications, experience and merit.

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.

14. (1) In selecting candidates for appointment, an appointing Criterion for


authority shall have regard primarily to the efficiency of the local appointments
government service.

(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.

(3) Notwithstanding sub-regulation (2), the Minister, may, in


consultation with the Commission waive the requirements to a scheme
of service, if it is in the interests of the local government service to do so.

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.

(2) No person shall be appointed to an office in the local government


service unless he holds such qualifications as have been prescribed for
appointment to that office.

(3) No person who is not a citizen of Zambia shall be appointed to any


office in the local government service, unless the appointing authority is
satisfied that it is not feasible to fill the office by the appointment of a
citizen of Zambia who is qualified and suitable to hold that office.

(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.

(2) Where any person who is required to serve on probation under


sub-regulation (1) has previously been employed in the service of
Government or a local authority or in such other service as the
Commission may determine, the period of such previous service may, in
the discretion of the appointing authority, be regarded as service on
probation for the purposes of sub-regulation (1).

(3) Notwithstanding anything contained in sub-regulation (1) or (2), a


local government officer shall remain on probation until he is informed
in writing by the appointing authority that-
(a) he is confirmed in his office; or
(b) his appointment is terminated.

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.

(2) An officer shall at all times conduct himself in a manner respectful


to superior officers.

(3) An officer shall report to the principal officer any misconduct or


negligence of a subordinate employee which may come to his notice.

(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.

(6) A candidate before his being appointed, or an officer before his


being posted, to the service of a local authority shall disclose to the
Commission the particulars of any investment, or shareholding which he
owns or any other direct or indirect interest which he has in any business
or industrial concern or in any local occupation or undertaking.

(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.

(8) No officer shall, without the authority of the Commission have


access to records relating personally to himself, nor shall he without
special permission of the Commission or local authority, as the case may
be, take copies of any such records, or of minutes or correspondence
concerning the Commission or local authority, even though such
records, minutes or correspondence pass through his hands in the course
of his duties.

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.

(2) A local authority shall permit any member or officer of the


Commission authorised by the Commission in that behalf to enter its
office and to inspect and take copies of any books, accounts, records or
other documents kept therein.

(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.

22. The transfer of a local government officer involving increase of Transfers


salary or promotion to a higher grade or class or, owing to exigencies of
the service shall be directed by the Commission, provided that the
Commission reserves the right to transfer any officer in any other
circumstances from one local authority to another.
PART III
D ISCIPLINE

23. Where disciplinary proceedings are to be taken or may be taken Disciplinary


against an officer, the appropriate procedure shall be commenced as control to be
soon as possible. prompt

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:

Provided that where such misconduct amounts to a criminal offence, the


Commission shall ascertain from the Director of Public Prosecutions
whether any criminal proceedings in respect of such offence have been
or, are likely to be instituted, and the Commission shall not direct the
institution of any disciplinary proceedings until the result of the criminal
proceedings becomes known.

(3) Whenever criminal proceedings are instituted against an officer, the


principal officer shall forthwith submit a report to the Secretary, setting
out the facts of the case.

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.

(2) Whenever a principal officer or a chief officer interdicts an officer,


under these Regulations, he shall notify such officer in writing of the
reasons therefore and shall deliver a copy of such notice to the
Secretary.

(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.

(4) Where criminal proceedings or disciplinary proceedings have been


instituted against such an officer under interdiction and such officer-
(a) is not convicted as a result of such criminal proceedings, if any;
and
(b) is not subjected to any punishment under these Regulations as a
result of such disciplinary proceedings; the whole amount of his salary
withheld under sub-regulation (3) shall upon the expiry of the period of
his interdiction, be paid to him.

(5) Where criminal proceedings or disciplinary proceedings have been


instituted against an officer under interdiction and such officer-
(a) is or is not convicted as a result of such criminal proceedings, if
any; and
(b) is subjected to any punishment under these Regulations other
than dismissal, as a result of such disciplinary proceedings, he shall,
upon the expiry of the period of his interdiction, be paid such proportion
of his salary withheld under sub-regulation (3) as the Commission may
direct.

(6) Subject to the provisions of sub-regulation (3), the interdiction of an


officer shall have effect during such period and in accordance with such
conditions, as the Commission shall specify in writing to such officer,
but where it appears expedient the Commission may at any time during
such period abridge or extend such period by further notice in writing to
any such officer.

(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.

27. (1) Where an officer is convicted of an offence such as would Suspension


warrant disciplinary proceedings for his dismissal, the principal officer after conviction
shall, by notice in writing, to the officer, suspend him from the exercise
of the powers and functions of his office, and shall cause a copy of such
notice to be delivered to the Secretary.

(2) Where disciplinary proceedings are instituted against an officer


suspended under sub-regulation (1), the principal officer shall direct that
the salary of such officer be withheld, as from the date of his suspension,
pending the determination of such disciplinary proceedings.

(3) Where disciplinary proceedings instituted against any officer


suspended under sub-regulation (1) do not result in his dismissal, he
shall be paid such proportion of his salary withheld under sub-regulation
(2) as the Commission may direct.

(4) Subject to the provisions of this regulation, the suspension of an


officer shall have effect for such period, and in accordance with such
conditions as the Commission may specify by notice, in writing, to such
officer, but where it so appears expedient, the Commission may, at any
time during such period, reduce or extend such period by a like notice.

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.

(3) Upon the conviction of an officer to whom this regulation applies,


the principal officer shall obtain-
(a) a true copy of the charge;
(b) a true copy of the judgement of the court by whom such officer
was convicted;
(c) in the case of any appeal, a true copy of the judgement of any
court by whom such appeal was determined; and
(d) a true record of the proceedings of any such court if available.

(4) The principal shall institute proceedings against an officer, under


this regulation, by delivering to such officer a written statement setting
out particulars of the charge or charges and the grounds upon which
such disciplinary proceedings are instituted, together with a notice
requiring such officer to submit to him within such period as the
principal officer shall specify, an exculpatory statement, in writing, of
the grounds on which such an officer relies to exculpate himself.

(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.

(6) Notwithstanding the provisions of regulations 30, 31 and 32, the


Commission may consider any disciplinary proceedings instituted
against an officer under such regulation upon perusal of the documents
referred to in sub-regulation (5) and may, in like manner, determine
whether such officer is to be dismissed or subjected to some other
punishment on account of the offence of which he is convicted.

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.

30. (1) Subject to regulations 24 and 28 disciplinary proceedings Institution of


under these regulations may be instituted by- disciplinary
(a) the principal officers; or proceedings

(b) a chief officer, in relation to an officer serving within his


jurisdiction, unless the misconduct is such that it calls for a punishment
greater than that which a chief officer is competent to impose under
regulation 33 (3):

Provided that the principal officer may institute disciplinary


proceedings even in cases where a chief officer is competent to do so.

(2) Except as provided in regulation 28-


(a) any disciplinary proceedings shall be formal disciplinary
proceedings to be conducted in accordance with the provisions of
regulation 31-
(i) if the officer affected by the proceedings (hereinafter
referred to as "the concerned officer") is a chief
officer; or
(ii) if, as a result of such proceedings, the concerned
officer is likely to be awarded the punishment of
dismissal, discharge, reduction of rank or reduction
in salary; and
(b) all other disciplinary proceedings shall be summary disciplinary
proceedings to be conducted in accordance with the provisions of
regulation 32.

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.

(3) The Commission shall consider any case submitted to it under


paragraph (c) of sub-regulation (2), and the documents referred to
therein and may-
(a) either exculpate the concerned officer and direct the principal
officer to inform the concerned officer accordingly; or
(b) 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.

(4) Where it appears to the Commission, upon consideration of the


report of the principal officer and the exculpatory statement, if any, of
the accused officer, and all other documents submitted to it under
sub-regulation (4), that further investigation of the case is necessary, the
commission shall, subject to the provisions of sub-regulation (5),
appoint a committee to carry out such further investigation as the
commission may direct.

(5) A committee appointed under sub-regulation (4) (hereinafter


referred to as "the committee") shall consist of not less than three
members-
(a) one of whom shall be a person possessing legal qualifications;
and
(b) the other two shall be appointed having due regard to the rank
and responsibilities of the concerned officer.

(6) The committee shall, as soon as may be practicable and before it


takes any further step in carrying out an investigation under this
regulation, give notice, in writing, to the concerned officer stating that,
at a date, and at a place and time, specified in such notice, it intends to
investigate such matters as shall be specified in such notice and that the
concerned officer is required or, as the case may be, permitted to appear
before the committee during such investigation.

(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.

(9) Where it appears to the committee, as a result of its investigation


under this regulation that there are grounds for instituting disciplinary
proceedings, other than those in respect of which the committee is
appointed, the committee shall so inform the Commission in writing.

(10) On completion of its investigation under this regulation the


committee shall prepare and submit to the Commission a written report
setting out the matters investigated by the committee and such report
shall include-
(a) a statement whether, in the opinion of the majority of the
members of the committee, the concerned officer is guilty of the charge
alleged against him and investigated by the committee, and a brief
statement of the reasons for that opinion;
(b) particulars of any matters which, in the opinion of the majority
of the members of the committee, tend to aggravate or mitigate, as the
case may be, the gravity of the case; and
(c) a clear summary of the findings of the committee or, in the case
of dissent among the members, of the majority of the members thereof,
on the matters investigated by the committee, but the committee shall
not make any recommendation as to, or otherwise comment on, the form
of punishment that may be imposed on the concerned officer.

(11) The Commission may, after considering the report submitted to it


under sub-regulation (10), refer the report back to the committee for
clarification of such matters arising therefrom or for such further
investigation and report, as the Commission may direct; and the
committee shall comply with any such direction as soon as may be
practicable.

(12) The Commission shall consider all matters submitted to it for


consideration and determination under this regulation, including any
report submitted under sub-regulation (10) or (11), and, subject to the
provisions of regulation 33, determine whether any punishment is to be
imposed on the concerned officer, and give directions accordingly.

(13) Any punishment imposed under this regulation shall be


communicated to the concerned officer by the principal officer by
means of a notice in writing, and, except in the case of a punishment
imposed by the Commission such notice shall also state that the
concerned officer has a right of appeal under regulation 35.

32. (1) Where any summary disciplinary proceedings are to be Summary


instituted against an officer, the principal officer shall do so, after such disciplinary
investigations as he considers necessary, by delivering or causing to be proceedings
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 as the principal officer shall specify, an exculpatory statement in
writing of the grounds on which the concerned officer relies to exculpate
himself.

(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.

(3) Notwithstanding sub-regulation (1), where it appears to the


principal, after such investigations as he considers necessary, that
disciplinary proceedings instituted under this regulation would warrant
a punishment not more severe than a reprimand, the principal officer
may institute such disciplinary proceedings by conveying a reprimand
to the concerned officer without a written statement of the charge or of
the grounds upon which such disciplinary proceedings are instituted,
and it shall be sufficient compliance with this regulation if the principal
officer, by notice in writing given to the concerned officer, thereafter,
confirms such reprimand and specifies the reasons therefor.

(4) Except in the case of a reprimand imposed under sub-regulation (3),


the principal officer shall by notice in writing communicate to the
concerned officer any punishment imposed on him under this
regulation.

(5) Except in the case of a severe reprimand or a reprimand the


principal officer shall also inform the concerned officer of his right to
appeal under regulation 35.

(6) The provisions of this regulation shall apply to any disciplinary


proceedings instituted by a chief officer, and in its application to such
proceedings, this regulation shall be read as if the words "chief officer"
were substituted for the words "principal officer", wherever they occur.

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.

35. (1) Except in the case of a punishment imposed by the Appeals


Commission, an officer may appeal to the Commission against any
punishment other than severe reprimand or reprimand imposed on him
under these Regulations.

(2) Every appeal under this regulation shall be addressed to the


Secretary and set out clearly the grounds of appeal, and shall be
delivered to the principal officer or chief officer who conducted the
disciplinary proceedings, not later than twenty-one days of the receipt
by the concerned officer of the notice informing him of the punishment
imposed on him.

(3) Every appeal received by a chief officer shall be submitted by him


to the principal officer, who shall without undue delay transmit the same
as well as every appeal received by him directly from a concerned
officer to the Secretary for consideration and determination by the
Commission.

(4) In considering any appeal under this regulation, the Commission


may give such directions as it may deem necessary for the purpose of
determining the appeal.

(5) Every determination of the Commission under this regulation shall


have effect in accordance with the directions of the Commission and
notice in writing thereof shall be given to the appellant by the principal
officer.

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

39. Decisions by the Commission shall be taken at a meeting, by Decisions by


majority of votes of the members present and voting. the
Commission

40. A member shall be entitled to dissent from a decision of the Dissent


Commission and to have his dissent and the reason therefor set out in the
records of the Commission.

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.

45. (1) The Commission shall conduct written examinations as Examinations


provided for in approved schemes of service and for other purposes of and training
the local government service.

(2) The procedure laid down in these Regulations for making


appointments shall, as far as may be, be followed in selecting an officer
for any special course of study or training which on completion will
qualify the officer for promotion or appointment to a higher post.

(3) The Commission shall in consultation with the Government decide


on training policies and programmes for the local government officers.

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.

47. Where under the provisions of these Regulations- Service by post


(a) it is necessary in certain cases

(i) to deliver, or serve any notice, charge or other


document to or upon any officer; or
(ii) to communicate any information to any officer by
reason of such officer having absented himself from
duty; and
(b) it is not possible to effect such service, or to communicate such
information to such officer personally, it shall be sufficient if such
notice, charge or other document or a letter showing such information, is
served upon such officer by post to his last known address.
48. Any case not covered by these Regulations shall be reported to the Cases not
Secretary, and the Commission shall determine the procedure to be otherwise
adopted in relation thereto. provided for

SCHEDULE
CLASSES OF PERSONS NOT SUBJECT TO THESE REGULATIONS

1. National Joint Council employees

2. Part time junior employees

THE LOCAL GOVERNMENT ACT CAP. 281


SECTION 71-THE LOCAL GOVERNMENT (COUNCILLORS'
Statutory
ALLOWANCES) ORDER
Instrument
Order by the Minister
34 of 1993

1. This Order may be cited as the Local Government (Councillors' Title


Allowances) Order.

2. The allowances payable to councillors shall be as set out in the Allowances


Schedule hereto. payable to
councillors

3. The Local Government (Councillors' Allowances) Order 1992, is Revocation of


hereby revoked. S.I. No.
161 of 1992

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

Chairman, District Council 1. Annual Allowance 120,000.00


2. Subsistence Allowance (per 15,000.00
night)
3. Sitting Allowance (per day) 7,500.00

Chairman, Township Council 1. Annual Allowance 60,000.00


2. Subsistence Allowance (per 10,000.00
night)
3. Sitting Allowance (per day) 5,000.00

Chairman, Management Board 1. Annual Allowance 30,000.00


2. Subsistence Allowance (per 10,000.00
night)
3. Sitting Allowance (per day) 2,500.00

Councillor, City and Municipal 1. Subsistence Allowance (per 10,000.00


night)
2. Sitting Allowance (per day) 5,000.00

Councillor, District and Township 1. Subsistence Allowance (per 10,000.00


night)
2. Sitting Allowance (per day) 5,000.00
3. Transport Allowance (per 1,500.00
session)

Councillor, Management Board 1. Subsistence Allowance (per 5,000.00


night)
2. Sitting Allowance (per day) 2,000.00

TRAVELLING OUTSIDE ZAMBIA

Councillor, City Municipal, District or Township 1. Subsistence Allowance while travelling


Council and Management Board
on duty outside Zambia to:
(a) North America, South America, New Zealand, Australia, Europe, West Africa and Japan (per night)

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.

THE LOCAL GOVERNMENT ACT CAP. 281


SECTION 84-THE LOCAL GOVERNMENT (COUNCILLORS) (CONDUCT
Statutory
AND MODE OF DRESSING AT MEETINGS) REGULATIONS
Instrument
Regulations by the Minister
140 of 1995

1. These Regulations may be cited as the Local Government Title


(Councillors) (Conduct and Mode of Dressing at Meetings)
Regulations.

2. These Regulations shall apply to all councillors in Zambia. Application

3. In these Regulations, unless the context otherwise requires- Interpretation


"allowances" means councillors' allowances determined by the Minister Cap. 281
as provided for under the Local Government Act, 1991, by Statutory
Instrument;
"meeting" means an ordinary or special meeting of a council of a
committee;
"principal officer" in relation to a city or a municipal council means the
Town Clerk; and in relation to a district or a township council, the
Council Secretary;
"special meeting" means a meeting of the council authorised to be held
under subsection (2) of section twenty-two of the Act.

4. (1) A councillor shall not, at any meeting of the council or Misconduct,


committee- use of abusive
(a) misconduct himself by persistently disregarding the ruling of the language etc. at
meetings of
Chair, or behaving irregularly or offensively; or council or
(b) use abusive language or, in any way, disturb the business of the committee
council.

(2) Where a councillor moves a motion "that the councillor named do


leave the meeting", the chairman shall ask the councillor moving the
motion to state his reasons and the Chairman shall put the question to the
councillors as to whether that councillor should be removed from the
meeting and the councillors shall have a secret vote on it.

(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.

5. (1) A councillor shall, by resolution of the council, be suspended for Suspension of


a period of six months if he- councillor
(a) misconducts himself so as to create the lack of confidence of the
public in, or lower the integrity of, the council; or
(b) behaves in such a way as to create, in the mind of the ordinary
citizen, lack of confidence in the performance of his duties.

(2) A councillor suspended under sub-regulation (1) shall not during


the period of suspension, attend any council or committee meetings held
during the civic year in which the councillor is suspended and shall not
receive any allowance.

(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) A councillor who contravenes sub-regulation (1) shall be guilty of


an offence and shall by resolution of the Council be suspended for six
months.

(2) Where a councillor is suspended under sub-regulation (2),


sub-regulations (2) and (3) of regulation 5 shall apply.

7. (1) A councillor shall declare interest in a matter involving contracts Declaration of


or other transactions with the Council if he or his spouse has a direct or interest
indirect pecuniary interest in it.

(2) If a councillor does not declare interest under sub-regulation (1) the
contract or transaction shall be nullified.

(3) Where a contract or transaction is nullified under sub-regulation


(2), payment shall be made for work so far done by the contractor or
person transacting with the council.

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.

(2) A councillor who does not attend a full session of a council or


committee meeting shall not be entitled to any sitting and subsistence
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

(2) Notwithstanding subsection (1) a councillor in a district council


may not wear a robe and a wig, but shall be decently dressed when
attending a council or a committee meeting.

(3) Acouncillor who contravenes sub-regulations (1) and (2) shall be


suspended from attending the council or committee meeting for which
he is not properly dressed and shall not receive any sitting allowance for
that meeting.

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.

(2) The councillor referred to in sub-regulation (1) shall send a copy of


the appeal to the principal officer of the council who shall forward it to
the Minister.

11. The Minister shall determine the appeal within thirty days of Determination
receipt of the appeal. of appeal

THE LOCAL GOVERNMENT ACT CAP. 281


SECTION 88-THE LOCAL GOVERNMENT (APPOINTMENT OF LOCAL
Statutory
GOVERNMENT ADMINISTRATORS) ORDER
Instrument
Order by the Minister 135 of 1992

1. This Order may be cited as the Local Government (Appointment of Title


Local Government Administrators) Order.

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.

3. The Councillors for each Council established under Statutory Suspension of


Instrument No. 138 of 1991, are hereby suspended from performing Councillors
their functions as Councillors.
4. The Local Government (Appointment of District Administrators) Revocation of
Order, 1992, is hereby revoked. S.I. No.
55 of 1992

APPENDIX

(Paragraph 2)
SCHEDULE
(Paragraph 2)
LUSAKA PROVINCE

Lusaka City Council Mr W. M. Kabimba


Luangwa District Council Mr C. K. Chisunka
Lusaka Rural Council Mr R. N. Shangobeka

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

THE LOCAL GOVERNMENT ACT CAP. 281


SECTION 85-THE LOCAL GOVERNMENT (STREET VENDING AND
Statutory
NUISANCES) (APPLICATION) ORDER Instrument
Order by the Minister 57 of 1992
1. This Order may be cited as the Local Government (Street Vending Title
and Nuisances) (Application) Order.

2. The Local Government (Street Vending and Nuisances) Regulations Application of


shall apply to the whole area of all councils. Regulations

THE LOCAL GOVERNMENT ACT CAP. 281


SECTION 93-THE LOCAL GOVERNMENT (COUNCIL SECRETARIAT)
Statutory
(MEMBER'S FUNCTIONS) ORDER
Instrument
Order by the Minister
56 of 1992

1. This Order may be cited as the Local Government (Council Title


Secretariat) (Member's Functions) Order.

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.

THE LOCAL GOVERNMENT ACT CAP. 281


SECTION 84-THE LOCAL GOVERNMENT (STREET VENDING AND
Statutory
NUISANCES) (NO. 2) REGULATIONS
Instrument
Regulations by the Minister
134 of 1992
Act No.
13 of 1994

1. These Regulations may be cited as the Local Government (Street Title


Vending and Nuisances) (No. 2) Regulations.

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. (1) Where any person is summoned under these Regulations to Admission of


appear before a subordinate court or is arrested or informed by a police guilt
officer that proceedings will be instituted against him, in respect of any Cap. 88
offence committed under these Regulations, but who does not wish to
appear in court, he may, before appearing in court to answer the charge
against him, sign and deliver to the prescribed officer an Admission of
Guilt form set out in the Second Schedule.

(2) Where any person admits in accordance with sub-regulation (1),


that he is guilty of the offence charged the procedure set out in section
one hundred and twenty-one of the Criminal Procedure Code shall
apply, with the necessary modifications, and he shall pay, in respect of
that offence, the fine set out in the First Schedule.

(3) For the purposes of this regulation "prescribed officer" means any
police officer of or above the rank of Sub-Inspector.

4. The Local Government (Street Vending and Nuisances) Regulations, Revocation of


1992, are hereby revoked. S.I. No. 54 of
1992

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-

(a) the sum of penalty units being the


maximum amount of the fine which may be imposed by the court (or as the case
may be, the amount fixed by the prescribed officer);
(b) as security for the payment within one month, of any fine
which may be imposed on me by the court.

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.

THE LOCAL GOVERNMENT ACT CAP. 281


SECTION 93-THE LOCAL GOVERNMENT (CREATION AND ABOLITION OF
Statutory
POSTS) REGULATIONS Instrument
Regulations by the Minister 53 of 1992
104 of 1992
146 of 1993

1. These Regulations may be cited as the Local Government (Creation Title


and Abolition of Posts) Regulations.

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

City Council and Municipal Council:


(a) Town Clerk
(b) Director of Administration
(c) Director of Finance
(d) Director of Legal Services
(e) Director of Engineering Services
(f) Director of Housing and Social Services
(g) Director of Public Health
District Council:
(a) Secretary
(b) Deputy Secretary
(c) District Treasurer
(d) Director of Works

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

1. These Regulations may be cited as the Local Administration (Trade Title


Effluent) Regulations.*
*These Regulations are continued in operation by virtue of section 15 of the Interpretation and General
Provisions Act Cap. 2.

2. In these Regulations, unless the context otherwise requires- Interpretation


"area" means the area under the jurisdiction of the Council;
"average sewage strength" means all sewage, domestic and trade
effluent received at the Council's sewage purification works;
"chemical parameters" means the group of substances listed in items 7
to 53 of the First Schedule;
"Council" means any council to which these Regulations have been
applied in accordance with section sixty-five of the Act;
"operating day" means the period of twenty-four hours commencing at
midnight and ending the following mid-night;
"physical parameters" means the physical characteristics listed in items
1 to 6 of the First Schedule;
"public sewer" means a sewer belonging to the Council;
"trade effluent" means water or any other liquid which has been used for
medical, trade or industrial purposes and as a result of such use has been
polluted within or beyond the legally enforceable limiting values with
respect to physical, chemical and microbiological characteristics and so
requires treatment before discharge into the environment.

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

(2) In granting permission under sub-regulation (1), the Council may


impose such conditions as it considers necessary, and may at any time
vary such conditions or revoke such permission.
(3) The point at or through which trade effluent is to be discharged shall
be subject to the prior written permission of the Council; and where
appropriate, such discharge shall be made through such approved
connection to the sewer as is maintained by the Council.
*These Regulations are continued in operation by virtue of section 15 of the Interpretation and General
Provisions Act Cap. 2.

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.

5. The Council may prescribe- Regulating


(a) the hours during which trade effluent may be discharged into a discharge of
sewer; trade effluent

(b) the maximum hourly rate at which trade effluent may be


discharged into a sewer; and
(c) the total volume of trade effluent which may be discharged into a
sewer during an operating day.

6. (1) A composite sample shall be obtained by collecting effluent Methods and


discharged from a plant during an operating day either- frequency of
(a) continually during a sampling period of twenty-four hours at a sampling and
rate in proportion to the flow rate of the effluent discharged; or analysis

(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.

(2) The frequency of sampling and analysis of the composite samples


shall be done on a regular basis to be determined by the Council.

(3) The concentration in milligrammes per litre of any substance


described in any item of the First Schedule in each composite sample
shall be determined by the method set out therein.

(4) The procedures pertaining to sampling, preservation, storage and


analysis of samples as outlined in the publication Standard Methods for
the Examination of Water and Waste Water, (15th Edition, 1980) or any
other method approved in writing by the Minister, shall be adhered to.

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.

(As amended by Act No. 13 of 1994)

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.

(2) In addition to or in substitution for the penalty prescribed in


sub-regulation (1), the court may order that any expenses incurred by the
Council in consequence of such contravention be paid by the convicted
person.
(As amended by Act No. 13 of 1994)

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.

(2) No person shall be convicted of an offence under regulation 13 if


such offence was committed during the period specified under
sub-regulation (1).

FIRST SCHEDULE
(Regulation 4)
TABLE OF STANDARDS FOR TRADE AND OTHER EFFLUENTS

Column 1 Column 2 Column 3


TRADE EFFLUENT INTO SEWAGE AND OTHER
SUBSTANCE PUBLIC SEWER EFFLUENT

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

The formula for working out the charges shall be as follows:

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.

Explanatory Notes on Formula


(i) The cost in fee units per 1,000 litres for V, B and S are to be determined by the Council at the commencement of each financial
year and are to be based on the annual costs ascertained for the purpose of the rate levy for sewers and sewage disposal for that year.
(ii) The values of X, Y, Z and Q are the means of the results from the analysis of samples taken during the preceding financial
year.
(iii) The values for W and R are the means from the analysis of hourly samples taken over a series of 24-hour periods during the
previous financial year.
(iv) The factors of 20 and 7 in relation to Y and Z arise from the limits of toxic materials which may be discharged under the
conditions of the consent.
(v) COD means the chemical oxygen demand of a sample of trade effluent measured in accordance with the methods used at the
Water Pollution Research Laboratory, Stevenage (WPL Procedure No. 17, February, 1969).
(vi) Suspended solids means those solids retained on a Whatman GF/C glass fibre filter paper when a shaken sample is filtered.
(vii) The determination of chromium compounds is done by using Atomic Absorption Spectrophotometer.
(viii) Cyanogen compound is determined by distillation and titrimetric method using Rhodamine as indicator as described in
"American Standard Methods for the Examination of Water and Waste Water 14th edition".
(ix) The toxic metals, copper, cadmium, nickel, zinc and tin are determined by using Atomic Absorption Spectrophotometer.
(x) The volume of effluent discharged shall be based on figures obtained during the year from meters or flow recording apparatus
as assessed and certified by a Council officer authorised by the Council for the purpose or as otherwise agreed, assessed and certified by
the said Council officer. In assessing the volume of trade effluent discharged, records of the water consumed at the premises shall be
taken into account and due allowance made for use for domestic and other purposes not related to trade effluent.
The minimum quarterly charge for the disposal of any trade effluent shall be fifty fee units.

THE LOCAL GOVERNMENT ACT CAP. 281

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.*

2. The provisions of the Local Administration (Trade Effluent) Application of


Regulations, 1985, shall as from 1st May, 1988, apply to the whole area S.I. No. 161 of
of the Mufulira District Council. 1985
*This Order is continued in operation by virtue of section 15 of the Interpretation and General Provisions
Act Cap. 2.

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

Order by the Minister


1. This Order may be cited as the Kabwe Urban District Council (Trade Title
Effluent) Regulations (Application) Order.*

2. The provisions of the Local Administration (Trade Effluent) Application of


Regulations, 1985, shall as from 1st May, 1989, apply to the whole area S.I. No. 161 of
of the Kabwe Urban District Council. 1985
*This Order is continued in operation by virtue of section 15 of the Interpretation and General Provisions
Act Cap. 2.

THE LOCAL AUTHORITIES (FINANCIAL)


REGULATIONS [ARRANGEMENT OF REGULATIONS]

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

12. Responsibilities of Treasurer


13. Erasures in accounts
14. Register of cheques and cash
15. Approval of accounting system and forms
16. Register of official accounting documents
17. Observance of instructions
18. Delegation of responsibility
19. Banking of cheques and cash
20. Reconciliation of bank accounts
21. Checking of cash
22. Procedure at the end of financial year
23. Internal audit

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

29. Definition of "safes"


30. Responsibility for obtaining safes
31. Care of safes and keys
32. Loss of keys
33. Private money not to be kept in Council safe
34. Register
35. Weekly check
36. Cash in transit

PART V
B A
ANK CCOUNTS AND C HEQUES

37. Bank accounts and signatories


38. Use of private accounts prohibited
39. Security of unused cheques
40. Lost cheques
41. Overdraft
42. Signing of cheques
43. Acceptance of cheques
44. Security of cheques received
45. Cashing of cheques from public money
46. Bank statements
47. Receipts and payments account and cash flow statements
48. Audit of cheques
49. Security of cheques in payment for goods supplied on Local
Purchase Order

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

68. Private use of revenue prohibited


69. Receipts to be issued
70. Classification of revenue
71. Cash collection sheets
72. Bringing revenue to account
73. Cash surplus
74. Revenue collectors not to open mail
75. Providing information for collection of revenue
76. Outstanding debts
77. Write-off by Council

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

99. Day of payment


100. Calculation of salary
101. Adjustment of salary or other moneys due to death, etc.
102. Salaries of convicted officers
103. Method of payment and deductions for officers
104. Method of payment
105. Gross salary and deductions to be charged
106. Unclaimed wages
107. Security precautions with regard to payments of wages
Regulation
108. Internal check over payment of wages
109. Attendance records

PART X
IMPRESTS

110. Types of imprest


111. Special imprests outside Zambia
112. Sub-imprests
113. Amount of standing imprest
114. Amount of special imprest
115. Special imprests limitation
116. Restriction in use of imprests
117. Register of imprests
118. Cash book for imprests
119. Retirement of special imprests
120. Retirement of standing imprests

PART XI
H T
ANDING AND AKING OVER

121. Handing-over procedure


122. Safe keys
123. Discrepancies on handing over
124. Handing-over certificate

PART XII
L C M
OSSES OF OUNCIL ONEY AND STORES

125. Definition of "losses"


126. Report of losses
127. Investigation of losses
128. Write-off by Treasurer
129. Report by the Treasurer
130. Write-off by Council
131. Assessment of claim against defaulting officer
132. Action for recovery

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

141. Custody of stocks and stores


142. Stock limit
143. Providing Information
144. Stocktaking
145. Record of Stocks and Stores

PART XVI
S D
ECURITY AND ISPOSAL OF A SSETS

146. Physical verifications


147. Care of Safes and Keys
148. Custody of Cash Boxes
149. Disposal of surplus materials

PART XVII
INVENTORIES

150. Inventories
151. Physical check
152. Council property to be used for Council purposes
153. Legal Documents

PART XVIII
INSURANCE

154. Insurance covers


155. Changes in policies

SECTION 46-THE LOCAL AUTHORITIES (FINANCIAL) REGULATIONS Statutory


Instrument
Regulations by the Minister
125 of 1992

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.

3. In these Regulations, unless the context otherwise requires- Interpretation


"accounting unit" means the Treasurer's Department of the Council;
"advance" means any recoverable sum of money issued to any person
where such advance is in the Council's interest and is repayable at some
future date;
"collector of revenue" means an officer of the Council who is charged
with the duty of collecting any type of Council revenue;
"controlling officer" means the chief executive of the Council;
"Council" means a district council established or deemed to have been
established under section three of the Act;
"head of department" means an officer responsible for the
administration of a separate department of the Council;
"internal auditor" means any person assigned the duties of internal
auditor, for the time being, by the Council or any person designated as
internal auditor by the Local Government Service Commission;
"inescapable commitments" means-
i) salaries and wages;
ii) petrol and oils;
iii) electricity and telephone bills;
iv) stationery; or
v) emergencies;
"purchasing officer" means any officer whose responsibility is to sign an
order for the purchase of any goods or the rendering of any service;
"Treasurer" includes a Director of Finance.

PART II
E STIMATES

4. (1) The estimates of capital and recurrent expenditure submitted to Forms of


the Minister for approval in accordance with section thirty-nine of the estimates
Act shall be set out as follows:
(a) the total estimated expenditure shall be shown in respect of each
capital project;
(b) the total estimated expenditure on all capital projects shall be
shown;
(c) the total estimated expenditure shall be shown under each head
of recurrent expenditure;
(d) sub-heads shall be shown under each head of recurrent
expenditure;
(e) the first sub-head under each head of recurrent expenditure shall
be estimated expenditure on employees in respect of such head of
recurrent expenditure; and
(f) items of expenditure shall be shown in respect of each sub-head
of recurrent expenditure.

(2) The detailed form of capital and recurrent estimates shall be for all
Councils as advised by the Minister.

5. (1) The annual estimates of revenue and expenditure shall be Preparation of


prepared by the heads of department in consultation with the Treasurer, estimates
in accordance with the guidelines, if any, issued by the Minister.

(2) The Treasurer shall collate the estimates approved by the


Committees and report to the Finance Committee.

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.

9. Where there is expenditure which is not approved in the estimates or Procedures if no


there is excess expenditure on an item which appears in the estimates, provision or
the head of department shall after consultation with the Treasurer as the inadequate
case may be, inform the Committee concerned explaining the reasons provision
for the excess expenditure.

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.

(2) An application made under sub-regulation (1) shall show


corresponding savings from any other head of expenditure or evidence
that the additional expenditure will be met from an overall additional
income or fund balances.

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.

(2) Where there is an overall shortfall in income the Council shall


review and restrict the expenditure so that adequate surplus balances
meet the excess over income.

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.

13. (1) No erasures shall be made in accounts. Erasures in


accounts
(2) Corrections must be made by striking out the incorrect figures and
writing the correct figures above them.

(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.

(4) No alterations shall be made on figures already audited.

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

27. Whenever any matter arises which involves, or is thought to Irregularities


involve, irregularity in financial stores or accounting transaction in any
department of the Council, the head of the department concerned shall
forthwith notify the Treasurer who shall, after consultation with the
controlling officer where necessary, take such steps as are considered
necessary by way of investigation and report.

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

(b) receipts of all types-ten years.


(c) payment and journal vouchers-six years.
(d) establishment and salary records required for superannuation
purposes-twelve years from the date on which a permanent officer
leaves service; and
(e) contract documents-twelve years from the date of final payment.

(2) Notwithstanding the periods specified in subsection (1), the records


shall be kept until they are audited or until a court case relating thereto,
if any, is settled.

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.

32. When the key to a safe is lost- Loss of keys


(a) the loss will be reported immediately to the head of department
concerned, the Treasurer and the local police;
(b) the safe shall be sealed and the room in which it is kept, shall be
locked at all times; and if an exceptionally large sum is in the safe,
arrangements must be made for the posting of a guard;
(c) the officer responsible for the safe custody of the key shall make
good the cost of repairs and replacement of the key.

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.

(3) Before a replacement cheque is issued for a lost or stolen cheque,


the payee shall sign an indemnity in the form set out in the Schedule.

41. (1) Council bank accounts shall not be overdrawn. Overdraft

(2) No temporary advance shall be obtained from a bank without the


prior approval of the Council.

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

(2) An officer shall before acceptance of a cheque identify the person


presenting the cheque and ensure that-
(a) the cheque is not post-dated or out of date;
(b) the amount in words and figures agree;
(c) alterations of any kind are signed by every signatory to the
cheque; and
(d) the cheque is correctly signed and dated by the drawer.

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.

(4) Certificates of destruction, listing the serial numbers of all receipt


forms destroyed, shall be signed by both officers and the original of the
certificate of destruction shall be filed by the officer responsible for the
custody of the forms.

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.

65. No duplicate of a licence shall be issued unless approval is Duplicate


specifically provided in a written law or regulation. licences

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

(2) No receipt form shall be used as a copy for an original receipt


previously issued.

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.

(3) If the Council authorises that a debt be written-off, necessary


accounting adjustments shall be made.

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

80. Vouchers shall be legible, typewritten or made out in ink or Preparation of


indelible pencil. 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.

(3) Copies of payment vouchers shall be initialled by the signing


officer or stamped with his name stamp.

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

(b) the goods have been supplied or the services provided as


certified by the receiving officer;
(c) the prices charged are either according to contract or approved
rates, or are fair and reasonable according to current local rates;
(d) the payment is covered by proper authority and is a proper
charge to Council funds.
(e) the calculations are correct;
(f) the persons named as payees are those entitled to receive
payments; and
(g) payment of the amount stated on the voucher shall not cause an
excess over the amount allocated.
85. An officer signing vouchers related to payments which are Recoverable
recoverable shall be responsible for ensuring that proper arrangements payments
exist for the recoveries to be made.

86. (1) Vouchers relating to purchases shall be supported by the Suppliers'


suppliers'invoices. invoices to be
attached
(2) Payment shall not be made on statements of account only.

(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.

(3) The certificate required by regulation 87 shall be recorded on the


payment voucher.

89. (1) Payment shall be made by cheque payable to those to whom Methods of
payment is due. payment

(2) Each cheque shall be crossed, except in the following


circumstances:
(a) Where there is a standing imprest for the net total of vouchers of
wages to be paid in cash to employees, cheques shall be paid to the
holder of the post held by the officer responsible for drawing the cash
and paying the wages:
Provided that the name of the responsible officer shall be added
in brackets; and
(b) open cheques paid to the payee may be issued for personal
imprests and, on request, salaries, wages and other personal payments
due to Council employees.

90. (1) When an open cheque is issued, a receipt of acknowledgement Security of


of the cheque shall be obtained from the payee before the cheque is open cheques
handed over.

(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.

92. All signatories of cheques shall ensure, when signing- Responsibilities


(a) that original documents (invoices, salary sheets, claim forms, of cheque
etc.) are attached; signatories

(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.

93. Payments shall be made to persons or firms to whom payment is Delivery of


due in the following circumstances: cash or cheques
(a) on the written authority of the person or firm to whom the
payment is due or on the production of a power of attorney or letter of
administration;
(b) where the timely payment of wages to an employee is
impracticable and delay would cause hardship, a paying officer may
make payment to an authorised third party who shall give a receipt for
the payment; and
(c) where payment is made to a duly appointed receiver, an official
receiver, a trustee in bankruptcy or to a third person under a court order.

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

(2) Reference to restricted documents shall be made by officers


authorised by the Treasurer.

(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

(2) Salaries for a part of any month shall be calculated in proportion to


the number of days in that particular month.

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

(2) The gross emoluments shall be charged against the relevant


sub-head and deductions be credited to the appropriate account.

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.

109. Heads of department shall- Attendance


(a) ensure that there is an adequate system of control over the records
employment of labour;
(b) check the attendance of employees;
(c) check that overtime is recorded separately showing the hours
authorised and the hours actually worked; and
(d) ensure that detailed instructions are issued according to the
record.

PART X
IMPRESTS

110. There shall be the following types of imprests: Types of


(a) standing imprest, which is normally issued to facilitate the imprest
payment of wages and enable minor local purchases to be made when it
is not possible for payment to be made through an accounting unit; and
(b) special imprest, which is a temporary imprest, issued to provide
officers with funds to meet expenses when travelling on duty or for
some other duly authorised special purpose.

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.

(2) Sub-imprests shall be surrendered to the holder of the standing


imprest and retired when the holder of the standing imprest hands over
to another officer.

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

(2) All instructions contained in the provisions of regulations 110, 115,


116, 119 and 120 shall be printed on the front of the register and shall be
complied with by all officers authorised to issue 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.

(5) Separate registers may be maintained for special and standing


imprests.

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.

(4) Revenue receipts shall not be recorded in the cash book.


119. (1) A special imprest shall be retired immediately the purpose for Retirement of
which they are issued has been fulfilled. special imprests

(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

121. The following procedures shall be followed each time an Handing-over


accounting officer hands over to another accounting officer: procedure
(a) any cash books and stamp registers for which the handing over
officer is responsible shall be ruled off and balanced with cash and
stamps on hand, and the balance of the cash book or stamp register shall
be entered, dated and signed by both officers;
(b) all cash should be banked by the handing over officer before the
hand-over if possible;
(c) the two officers concerned shall check that the balance of unused
receipt books recorded in the receipt book register is on hand and both
officers shall sign and date the register to this effect;
(d) both officers shall make a note of all unused receipts on issue to
collectors of revenue which are not available for examination at the time
of handing and taking-over;
(e) both officers shall rule off stores records and shall check that
these agree with the physical stocks on hand and shall date and sign
individual stock sheets; and
(f) the officer handing over shall ensure that the expenditure and
commitment records in his control are up to date and these records shall
be dated and signed by both officers.

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.

124. (1) On completion of the hand-over, a certificate shall be signed to Handing-over


the effect that the requirements of this part have been fulfilled. certificate

(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.

(2) The supervising officer shall at the conclusion of the investigations,


report the loss to the Treasurer, attaching a police report where
necessary.

(3) The report shall be made even if police investigations or


proceedings are not complete and where necessary the Treasurer shall
report the matter to the insurer.

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

133. The procurement of supplies, works or services required by the Regulations


Council shall be governed by the Standing Orders. governing all
purchases

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

(2) The borrowing or re-borrowing of moneys authorised by the


Council and all other matters in connection with the raising or
repayment of loans shall be subject to the supervision and control of the
Treasurer who shall periodically report to the Council.

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.

140. (1) The Treasurer shall keep a register of investments. Register of


investments
(2) The register shall be maintained for the proper control over the
Council's investments and the interest received in respect of those
investments.

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.

143. Heads of department shall supply information to the Treasurer Providing


relating to stocks and stores as he may require. information

144. Any surplus or shortage revealed at any stock-taking shall be Stocktaking


reported to the appropriate committee for authority to make necessary
adjustments.

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

146. Every head of department shall be responsible for maintaining Physical


proper security at all times for buildings, stocks, stores, furniture, verification
equipment, cash and any other asset under him.

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

149. Surplus materials, stores or equipment shall be disposed of by Disposal of


competitive tender or public auction unless the committee concerned surplus material
decides otherwise in a particular case.

PART XVII
INVENTORIES

150. An inventory shall be maintained by all departments in which Inventories


shall be recorded an adequate description of furniture, fittings and
equipment, plant and machinery.

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

In consideration of the issue to me of a replacement Cheque No.


for the sum of K .................................... in payment of .............................
which I have lost (or which has been stolen), I hereby indemnify the Council
against any loss whatsoever in connection therewith and I agree to refund the sum of
K ................................................... in the event of the original Cheque No.
being negotiated.
Signed
Name in Block Capitals
Date
Address

THE LOCAL GOVERNMENT ACT CAP. 281


SECTION 102-THE LOCAL ADMINISTRATION (FIRE SERVICES) Statutory
REGULATIONS Instrument
Regulations by the Minister 121 of 1991
Act 13 of 1994

PART I
G ENERAL

1. These Regulations may be cited as the Local Administration (Fire Title


Services) Regulations.*
* These Regulations are continued in operation by virtue of section 15 of the Interpretation and General
Provisions Act Cap. 2.

2. In these Regulations, unless the context otherwise requires- Interpretation


"area" means the area under the jurisdiction of a fire authority; Cap. 464

"designated premises" means premises referred to in sub-regulation (2)


of regulation 4;
"equipment" includes engines, vehicles, appliances, apparatus, uniforms
and badges of rank;
"explosive" means a substance liable to explode spontaneously or by
proximity to an ignition source;
"fire authority" means a District Council declared as such under
regulation 3;
"fire certificate" means a certificate issued under sub-regulation (2) of
regulation 6;
"fire-fighting purposes" includes the extinction of fires, protection of
life or property from fire;
"fire inspector" means an officer appointed under sub-regulation (1) of
regulation 6;
"inflammable material" means a gaseous, liquid, or solid material
having a flash point, below 23 degrees celsius;
"means of escape" means any structure or physical means attached to or
forming an integral part of a building through which persons can escape
from fire by unaided effort to a place of safety;
"plant" means an erection or assembly of any mechanical contrivance
used for the manufacture, adaption or alteration of any commercial or
industrial substances or process;
"premises" includes a building, part of a building or plant;
"public place" shall have the meaning assigned to it by section two of
the Roads and Road Traffic Act.
* These Regulations are continued in operation by virtue of section 15 of the Interpretation and General
Provisions Act Cap. 2.

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:

Provided that any organisation or institution operating in the area may,


with the approval of the Minister, establish and maintain a fire brigade.

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

(b) provision of sleeping accommodation;


(c) entertainment, recreation or for club, society or association
activities;
(d) teaching, training, instruction or research;
(e) access to the premises by members of the public whether on
payment of a fee or otherwise; and
(f) premises used as office premises or shop premises where more
than ten persons are employed to work either within or outside the
buildings or plant.

(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.

(3) A fire certificate may be issued subject to such conditions as the


authority deems fit.

(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.

8. (1) A fire authority may cause to be inspected any designated Inspection of


premises- designated
(a) to ascertain whether there is a fire certificate in force in respect premises
of those premises; and
(b) where there is a fire certificate in force, to ascertain whether the
use of the premises conform to the certificate:

Provided that where a building or part of a building is used as a dwelling


building no inspection shall be carried out unless the occupier has been
given a notice of not less than twenty-four hours.

(2) Any person having responsibility for any premises as a leaseholder,


occupier or an employee in respect of those premises, shall give such
assistance to the inspector as is within his responsibility, so as to enable
the inspector to discharge his duties in respect of those premises.

PART II
F -F
IRE E IGHTING QUIPMENT

9. (1) There shall be provided and maintained in respect of every Fire-fighting


designated building appropriate fire-fighting equipment adequate for the equipment
protection of the building in respect of which it is provided, and-
(a) such equipment shall be placed in such a way that it shall be
available for use; and
(b) such provision shall be made by the occupier to the satisfaction
of the fire authority.

(2) The fire-fighting equipment required to be provided by the occupier


under sub-regulation (1) shall include one or more of the following:
(a) hydrants, hose, hose reels and rising mains;
(b) portable fire-fighting equipment;
(c) automatic fixed fire-fighting installations to deliver water, gas,
foam or dry powder;

(3) All fire-fighting equipment provided under this regulation shall be


of a make approved by the fire authority and the leaseholder or occupier
of the building concerned shall be responsible for the inspection and
maintenance of such equipment to the satisfaction of the fire authority.

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

11. In this Part, unless the context otherwise requires- Interpretation


"exit" means a route by way of a room, doorway, corridor, staircase or
other means of passage not being a lift, escalator or doorway containing
a revolving door and by means of which a person may reach a place of
safety, and in relating to-
(a) any point on a storey of a building means a route
from that point;
(b) any room means a route from a doorway of the
room;
(c) any storey of a building, means a route from a
point of exit from the storey;
(d) any flat, means a route from an entrance to the
flat;
"place of safety" means-
(a) an open space in the open air at ground level; or
(b) an enclosed space at ground level which has a
means of access to such an enclosed space by means
of an exit or exits having a width or aggregate width of
the exits leading from the building to the unenclosed
space.

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.

(2) Emergency means of escape shall be provided in the case of-


(a) new building of two storeys if the fire authority so requires;
or
(b) new buildings of over two storeys in which case the means of
escape shall be sufficient in number in order to ensure that no part of the
building is more than twenty-five metres from such means of escape.

(3) All emergency means of escape in case of fire or accident provided


under the provisions of sub-regulation (2) shall be properly spaced from
each other and shall each lead to a place of safety.

(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.

(2) In the event of a failure on the part of a person on whom a written


notice has been served in terms of sub-regulation (1), the fire authority
may execute the improvements, repairs or replacements of such means
of escape and shall be entitled to recover the cost from such person as a
civil debt.

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.

(2) In relation to any building or part of a building, the fire authority


may dispense with any requirement of this Part as respects any
arrangements for lessening danger from fire or any means of escape in
case of fire or any arrangements in connection therewith in the event of
any circumstances in or affecting that building or part of a building or
the use of which that building is part rendering unnecessary the keeping
and maintenance of such arrangements safeguards or means of escape.

15. (1) Where in pursuance of sub-regulation (2) of regulation 12, Emergency


staircases are provided as emergency means of escape in case of fire, staircases
such staircases shall-
(a) be constructed and situated in a building to the satisfaction of the
fire authority;
(b) be constructed of steel, wrought iron or other suitable
fire-resisting material throughout;
(c) be at least one metre in width;
(d) extend from the lowest storey to the highest storey or flat roof of
the building;
(e) be provided at all times with direct and unobstructed access to a
place of safety;
(f) be provided throughout their length with strong handrails at least
three quarters of a metre in height measured at the nosing of steps and
treads and one metre in height measured at landings;
(g) be provided with landings or balconies at least two metres by
one metre in dimension at each floor level;
(h) be provided with means of direct access to each floor by a door
which shall be so constructed as to open outwards in such a way that it
shall not cause obstruction to the staircase and shall be fitted with panic
bolts which may be fitted with a key to open from outside, but in no case
shall a key to open from inside;
(k) be maintained in a satisfactory condition at a time;
(j) be protected against heat and smoke by the provision of fire
resisting and smoke stop doors and windows on all openings within two
metres of such staircase.

(2) All exits from a building to an emergency staircase shall, where


required by a fire authority be provided with notices indicating the
position of such exits.

(3) In case of a public building there shall be exhibited immediately


above the inside of every emergency exit door a painted and lighted
notice displaying the words "EXIT" or "WAYOUT" and such notice be
kept uncovered and unconcealed by any obstruction whatsoever during
the time when the public building is open to the public or when in use.
16. (1) Every building of five or more storeys shall be provided with a Provision of
lift and no lift shall be provided in any building except in accordance lifts
with the provisions of these regulations.

(2) The lift cage shall-


(a) be equipped with means of proper ventilation, but otherwise it
shall be a fully enclosed structure;
(b) be equipped with means of artificial lighting, available both in
normal operation and on the failure of the main power supply to the lift;
(c) have displayed conspicuously therein a notice stating the
maximum working load and the maximum number of passengers who
can safely be permitted to be carried in the cage;
(d) be fitted with self-closing doors and where required by a fire
authority suitable smoke-stop doors shall be provided;
and
(e) be fitted with a suitable device for making an alarm signal
capable of being heard outside the lift shaft.

(3) Each landing door shall be self-closing and shall be constructed in


such a way that it will open by sliding or by sliding and folding.

(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.

(5) In every building of three or more storeys where a lift is provided,


the lift shall be protected by doors and shutters having a fire resistance
of not less than half an hour.

(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:

Provided that nothing in this sub-regulation shall be so construed as to


prevent the incorporation of safety devices which will subject to suitable
safeguards, permit the opening of a lift door or landing door in an
emergency.

(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.

(8) This regulation shall not be deemed to prohibit the construction of


lifts with open metal grillage, suitably protected, situated in the well of
the staircase, provided the lift shaft is surrounded by a wall as required
in the foregoing sub-regulations.

(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

19. No person shall disclose to an unauthorised person any information No disclosure


obtained by him from any premises in the course of discharging his of information
duties. to unauthorised
person

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.

(2) In addition to or in substitution for the penalty prescribed in


sub-regulation (1), the court may order that any expenses incurred by the
fire authority in consequence of such contravention be paid by the
convicted person.

(As amended by Act No. 13 of 1994)

SCHEDULE
(Regulations (5) and (6))

FSR FORM 1

PART I

APPLICATION FOR FIRE CERTIFICATE


1. Full name of applicant
Postal Address
2. Premises in respect of which a fire certificate is required:
Stand No
Name of Street
District
3. Name of leaseholder
4. Use of premises

5. (a) If premises consists of a single building state the number of floors in the building

(b) If the premises consist of a number of buildings state:


(i)
(ii)
6. Maximum number of persons likely to be on the premises at any one time:
(a) Staff
(b) Other persons
7. Approximate date of completion of construction of premises

8. Explosives and inflammable materials kept on the premises:


(a) Explosives
(i) type
(ii) quantity
(b) Inflammable materials
(i) type
(ii) quantity
9. Fire Inspector's report (in detail)

10. (a) Premises inspected by


(b) Name of Fire Authority
Date Serial No. ....................

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.

THE LOCAL GOVERNMENT ACT CAP. 281


SECTION 107-THE LOCAL GOVERNMENT (FIRE INSPECTORS) ORDER Statutory
Instrument
Order by the Minister
84 of 1993

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

Kabwe Municipal Council Mr Danny Banda


Mr Peter Chipwanya
Mr Clement Zulu
Mr Goodson Ngoma
Kapiri Mposhi District Council Mr Robby Chungwa
Copperbelt Province

Ndola City Council Mr Phillip Syakutela


Mr Robert Samukoko
Mr Vernatius Chanda
Mr Wilson Daka
Kitwe City Council Mr Peter Sakala
Mr Joseph Mwape
Mr Gibson Makalu
Mr Stanley Sichivula
Mufulira Municipal Council Mr Donald Kateule
Mr Dickson Banda
Mr Safelino Kabwe
Luanshya Municipal Council
Mr Baldwin K. Mukeya
Mr B. Maabwe
Mr Abby C. Banda
Mr Rodgers Kakunta
Southern Province

Livingstone Municipal Council Mr Renny Shindelele


Mr Benard Cheelo
Mr Joseph Lifumbo
Mr Ignatius Simaata
Mr Misheck Ngoma
Mr Michael Kalamba
Choma District Council Mr Bryson Hakayobe
Monze District Council Mr George Chikale
Mazabuka District Council Mr Funny Kasunda
Mr Albert Kampengele
Eastern Province
Chipata Municipal Council Mr Mutale S. Kaziya
CAP. 281
THE LOCAL GOVERNMENT ACT Statutory
SECTION 94-THE LOCAL ADMINISTRATION (PROVINCIAL SERVICE Instrument
BOARD'S MEMBERS' ALLOWANCES) REGULATIONS 122 of 1991
Regulations by the Minister

1. These Regulations may be cited as the Local Administration Title


(Provincial Service Board's Members'Allowances) Regulations.*
*These Regulations are continued in operation by virtue of section 15 of the Interpretation and General
Provisions Act Cap. 2.

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)

Nature of Allowance: Rate


1. Sitting Allowance where member resides-
(i) within 15 km from Headquarters of the Province .. .. .. ..
K400.00
(ii) beyond 1 km but within 30 km from the Provincial Headquarters .. ..
K450.00
(iii) beyond 30 km from the Provincial Headquarters .. .. .. ..
K550.00
2. Daily subsistence allowance for expenses incurred while on duty in Zambia .. ..
K1,050.00

THE LOCAL GOVERNMENT ACT CAP. 281


SECTIONS 56 AND 59-THE KITWE DISTRICT COUNCIL (PUBLIC LIBRARY) Statutory
BY-LAWS Instrument
By-laws made by the Council and confirmed by the 58 of 1983
Act 13 of 1994
Prime Minister

PART I
P RELIMINARY

1. These By-laws may be cited as the Kitwe District Council (Public Title
Library) By-laws.

2. In these By-laws, unless the context otherwise requires- Interpretation


"book" means a book, chart, deed, engraving, etching, gramophone
record, magazine, map, music score, newspaper, pamphlet, periodical,
photograph, picture, print and every other article of a like nature
forming part of the contents of the Library;
"Council" means the Kitwe District Council;
"lending department" means the department of the Library from which
books may be borrowed for reading outside the Library;
"Librarian" means the Librarian appointed by the Council;
"Library" means the collection of books under the control of the
Librarian made available by the Council for the use of the public;
"resident" means any person who is either living in, or employed in, the
area under the jurisdiction of the Council;
"ticket" means a card pocket issued in respect of each ticket holder and
includes a special ticket.

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

4. Admission to the lending department of the Library shall be Admission to


restricted to ticket holders but their representatives may be admitted at lending
the discretion of the Librarian. department
*These By-laws are continued in operation by virtue of section 15 of the Interpretation and General
Provisions Act Cap. 2.

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

7. On becoming a member of the lending department a person shall be Issue of tickets


entitled to receive a maximum of four ordinary tickets from the
Librarian.

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.

10. Additional special tickets up to a maximum of three may be Additional


obtained from the Librarian on further payment of a deposit of one special tickets
kwacha for each special ticket.

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.

(As amended by Act No. 13 of 1994)

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.

24. If an infectious disease occurs in any house containing books Provisions in


borrowed from the Library, the borrower shall hand over such books to case of
the Council's Medical Officer of Health or any Health Inspector acting infectious
on his behalf. Until such infected house is declared free of disease by the disease
Council's Medical Officer of Health, no books shall be issued from the
Library to any person or persons residing therein.

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

39. A person who is offensively unclean in person or in dress or who is Uncleanliness


suffering from an offensive or infectious disease shall not enter or use and infectious
the Library. disease

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

45. Any person guilty of an offence, contravention of or default in Penalties


complying with any of these By-laws shall be liable on conviction to a
fine not exceeding twenty five penalty units.

(As amended by Act No. 13 of 1994)

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

(2) A person shall not slaughter or cause to be slaughtered at any place


within the township boundary, other than the abattoir, any animal the
flesh of which is intended for sale as food for human consumption.

(3) Any person who slaughters or skins any animal shall-


(a) dispose of or destroy all waste or refuse resulting from such
slaughter or skinning in such place and in such manner as the Council
may direct; and
(b) maintain in a clean and sanitary condition to the satisfaction of
the Council as its authorised agent, the abattoir or place appointed for
such slaughter.

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.

(3) Every certificate shall be clearly exhibited at all times in the


butchery to which it relates.

(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

12. A person shall not spit in the butchery. Prohibition of


spitting

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.

THE LOCAL GOVERNMENT ACT CAP. 281


SECTIONS 76-THE KATETE DISTRICT COUNCIL (VILLAGE CLEANLINESS) Statutory
BY-LAWS Instrument
By-laws made by the Council and confirmed by the 46 of 1994
Act 13 of 1994
Prime Minister
1. These By-laws may be cited as the Katete District Council (Village Title
Cleanliness) By-laws.

2. In these By-laws, unless the context otherwise requires- Interpretation


"area" means the area under the jurisdiction of the Katete District Cap. 289
Council;
"Council" means Katete District Council;
"village" means a community of households established under the
Registration and Development of Village Act within the Council
Boundaries;
"cleanliness" means the maintenance of stipulated health standards for
prevention of communicable diseases;

"nuisance" means a condition liable to be injurious and dangerous to Cap. 295


health as defined under section sixty-seven of the Public Health Act;
"domestic dwelling" means any form of building in human use, or
intended for human use, whether for purposes of business, residence or
amusement;
"refuse pit" means a pit dug for disposal of domestic household refuse;
"latrine" includes a privy, urinal, pail closet, pit closet, earth closet,
chemical closet, water closet;
"latrine accommodation" includes a receptacle for human excreta,
together with the structure containing and including such receptacle and
the fittings and apparatus connected therewith;
"occupier" includes any person in actual occupation of land or premises
without regard to the title under which he occupies.

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.

(3) No compensation shall be paid by the Council to the owner or


occupier of any such dwelling or other structure which may be damaged
in respect of a demolition order.

(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.

(2) In addition to any penalty prescribed by sub-by-law (1), the court


may order that any expenses incurred by the Council in consequence of
such contravention be paid by the person committing the contravention.

(As amended by Act No. 13 of 1994)

THE LOCAL GOVERNMENT ACT CAP. 281


SECTIONS 61 AND 76-THE KATETE DISTRICT COUNCIL (ESTABLISHMENT Statutory
OF WASTE DISPOSAL SITES) BY-LAWS Instrument
By-laws made by the Council and confirmed by the 143 of 1994

Prime Minister

1. These By-laws may be cited as the Katete District Council Title


(Establishment of Waste Disposal Sites) By-laws.

2. In these By-laws, unless the context otherwise requires- Interpretation


Cap. 204
"area" means the area under the jurisdiction of the Council;
"commercial wastes" means the wastes discharged from industrial
activities;
"Council" means the Katete District Council;
"refuse" means wastes as defined under the Environmental Protection
and Pollution Control Act, and includes hazardous wastes.

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

3. Local Government Electoral Commission


4. Secretary to Commission
5. Procedure of Commission
6. Appointment of election officers
7. Conduct and expenses of Local Government elections
8. Powers of Commission
PART III
DELIMITATION OF WARDS

9. Division of area of councils into wards

PART IV
HOLDING OF ELECTIONS

10. Ordinary elections


11. Nomination of candidates
12. By-elections
13. Representation of wards and tenure of office
14. Qualification for voting
15. Disqualification from voting
16. Qualification of councillors
17. Disqualification of councillors

PART V
ELECTION PETITIONS

18. Avoidance of elections


19. Who may present election petition
20. Relief which may be claimed in election
21. Form and procedure for presentation of election petition
22. Duty of Registrar to make out list of election petitions
23. Rules of practice and procedure; security for costs
24. Withdrawal of election petitions
25. Substitution of new petitioners
26. Abatement of election petitions
27. Trial of election petitions
28. Provisions as to witnesses
29. Conclusion of trial of election petition
30. Provisions as to costs

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

47. Repealed by Act No. 17 of 1994

48. When incapacity may be removed


49. No person required to state how he voted
50. Evidence as to holding of election
51. Validation of certain documents
52. Transitional provisions in respect of elections in 1991

CHAPTER 282 Act No.


21 of 1991
LOCAL GOVERNMENT ELECTIONS 26 of 1992
18 of 1992
An Act to provide for the conduct of local government 31 of 1993
elections; to establish the Local Government Electoral 13 of 1994
Commission and to specify the functions thereof; and to 14 of 1994
provide for matters incidental to or connected with the 8 of 2004
foregoing.
[6th September, 1991

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.

(3) Nothing in this section shall be construed as to prohibit the making


of any statutory instrument under this Act during the interim period for
the purpose of regulating the conduct of any election following the
expiry of the interim period or providing for the division of the areas of
councils into wards and prescribing the boundaries of such wards for the
purpose of any election following the expiry of the interim period.
(As amended by Act No. 8 of 2004)
Interpretation
2. (1) In this Act, unless the context otherwise requires-
"area", in relation to a council, has the meaning assigned to it by section
two of the Local Government Act; Cap. 281

"by-election" means an election held in accordance with section twelve;


"candidate" means any person nominated as a candidate for election as a
councillor;
"casual vacancy" means a vacancy in the office of councillor occurring
by virtue of section nineteen of the Local Government Act;
"Commission" means the Local Government Electoral Commission Cap. 281
established under section three;
"corrupt practice" means any act punishable under section forty-one;
"costs" include charges and expenses;
"council" means a city council, municipal council, township council or
district council established or deemed to be established under the Local
Government Act;
Cap. 281
"councillor" means a person elected under this Act to the office of
councillor of a council;
"Director of Elections" means the person for the time being holding or
acting in the public office of Director of Elections;
"District Executive Secretary" in relation to a council, has the meaning
assigned to it by section two of the Local Government Act;
"election" means an election to the office of councillor of a council; Cap. 281
"election officer" has the meaning assigned to it in section six;
"election petition" means an election petition referred to in section
eighteen;
"employee", in relation to a council, has the meaning assigned to it by
section two of the Local Government Act;
"illegal practice" means any act which is an illegal practice under Part Cap. 281
VI;
"interim period" means the period commencing at the commencement
of this Act and expiring on such date as the President may, by statutory
order, prescribe;
"officer", in relation to a council, has the meaning assigned to it by
section two of the Local Government Act;
"ordinary election" means an election held in accordance with section Cap. 281
ten;
"petitioner", in relation to an election petition means any person referred
to in section nineteen who signs and presents such election petition
under section twenty-one, and includes any person substituted for the
petitioner under section twenty-five or twenty-six;
"polling district" means a polling district declared to be such under
section seventeen of the Electoral Act;
"register of voters" means a register of voters prepared and in force
under the Electoral Act; Cap. 13

"registered" means registered in a register of voters and "registration"


shall be construed accordingly;
"Registrar" means the Registrar of the High Court;
"respondent" has the meaning assigned to it under section twenty-one;
"returning officer" means a person appointed as such under this Act;
"voter" means a person entitled to vote at an election under section
fourteen;
"ward" means any of the divisions into which a council area is divided
under section nine;
(2) For the purpose of this Act, "election expenses" means expenses
incurred, whether before, during or after an election, on account of, or in
respect of, the conduct or management of such election by or on behalf
of a candidate:

Provided that the following expenses shall not be deemed to be election


expenses:
(i) any moneys expended or expenses incurred by any association
or group of persons or by any person in the general interests of a
political party or organisation or its candidates generally, not being
moneys expended or expenses incurred directly in the particular interest
of any particular candidate or expenditure incurred by a political party
with the consent of a candidate and apportioned to such candidate under
this Act;
(ii) any moneys expended or expenses incurred by any political
party or organisation in the printing, publication or distribution of the
official organ of that political party or organisation; or
(iii) any moneys deposited by or on behalf of a candidate with an
election officer under any provision of this Act relating to the
nomination of candidates for election.

PART II

LOCAL GOVERNMENT ELECTORAL COMMISSION

3. (1) There is hereby established a Local Government Electoral Local


Commission for the purpose of supervising the conduct of elections held Government
under this Act. Electoral
Commission

(2) The Commission shall consist of a Chairman and two other


members who shall be appointed by the President.

(3) A person shall not be qualified for appointment as Chairman of the


Commission unless he holds or has held high judicial office.

(4) A person shall not be qualified for appointment as a member of the


Commission if he is a member of the National Assembly, or a
councillor, or an officer or any employee of a council.

(5) If the office of Chairman or if any other member of the Commission


falls vacant or the holder of the office becomes unable for any reason to
discharge his functions as a member of the Commission, the President
may appoint another person qualified for appointment to be the
Chairman or, a member of the Commission, as the case may be.

(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.

(3) Subject to subsection (2), the Commission may act notwithstanding


the absence of any member or any vacancy in the office of any member.

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.

(2) In respect of any election, an election officer may, if so empowered


by the Commission under regulations made under section eight, appoint
any fit person to be an election officer and may in any case, subject to
the general or special directions of the Commission, appoint any fit
person to assist him in the exercise of his functions under this Act;

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.

(4) The Commission may at any time revoke the appointment of an


election officer.

(5) Every election officer shall be paid such remuneration and


allowances in respect of his duties as the Commission may determine.

(6) In this section, "election officer" means a person appointed under


this Act to be-

(a) a returning officer;

(b) a presiding officer;

(c) a polling assistant; or

(d) a counting assistant;


and includes any person appointed by an election officer under
subsection (2); and where functions are conferred on the Director of
Elections under this Act in respect of an election, includes the Director
of Elections.

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.

(2) Without prejudice to the generality of subsection (1), the


Commission may, be statutory instrument, make regulations providing
for all or any of the following matters:
(i) the division of the area of councils into wards;
(ii) the establishment of polling stations in a ward;
(iii) the nomination of candidates for any election; and the
withdrawal of nominations duly made;
(iv) the making and determination of appeals against the
rejection of nominations by a returning officer;
(v) the publication of names of candidates whose nominations
are accepted;
(vi) the payment of election fees by candidates;
(vii) the use, and the allocation of, symbols at an election;
(viii) the appointment, and the duties of, election agents and
polling agents;
(ix) the fixing of dates and times for the taking of polls;
(x) the equipment and facilities to be provided at polling
stations;
(xi) the persons who may be admitted to polling stations;
(xii) the manner and procedure of voting at an election;
(xiii) the manner of ascertaining the identity of persons wishing
to vote at elections and whether such persons are qualified to vote;
(xiv) the manner in which persons who are blind, or otherwise
incapacitated, may vote;
(xv) voting by persons employed on election duties on the day
of an election;
(xvi) the maintenance of secrecy at elections;
(xvii) the postponement of, the adjournment of, or an extension
of, time for a poll in case of riot or open violence at an election;
(xviii) the administering of oaths or affirmations by election
officers in respect of such matters as may be prescribed;
(xix) the procedure to be followed at the conclusion of a poll in
an election;
(xx) the procedure for counting votes in an election, and the
circumstances in which votes in an election may be rejected by a
returning officer as invalid;
(xxi) for the purpose of declaring any candidate duly elected,
the procedure to be followed where there is an equality of votes between
candidates in an election;
(xxii) the procedure to be followed where only one person or
where no person is duly nominated for election in a ward;
(xxiii) the declaration, notification and publication of the result of
an election;
(xxiv) the custody and disposal of nomination papers, ballot
papers, records, documents and other things relating to the conduct of
elections;
(xxv) election expenses and returns relating to such expenses;
(xxvi) the notification and publication of any casual vacancy in
the elected membership of a council;
(xxvii) the forms and records to be used for any of the purposes of
this Act; and
(xxviii) any matter to be prescribed under this Act.

(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.

(5) Subject to the provisions of subsection (4), a police officer may


arrest without warrant any person reasonably suspected by the police
officer of having committed or attempted to commit an offence against
this Act.
(As amended by Act No. 13 of 1994)

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

10. (1) An ordinary election of councillors in every ward of every Ordinary


council throughout Zambia shall with effect from 2001 to be held every elections 1992
five years, on such date as the President shall, by statutory order,
prescribe:
(As amended by Act No. 8 of 2004)

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

(b) where for any reason no candidate is elected at an election in any


ward further elections shall be held in the ward until a candidate is duly
elected.

(2) Whenever-

(a) a new council is established; or

(b) an alteration is made in the division of the area of an existing


council into wards or in the definition of the boundaries of any ward;
the President may, by statutory order, direct that any ordinary election of
councillors in every ward or in any particular ward of that council shall
be held on such date as may be appointed by the order.

(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.

(3) In this section-


"national registration card" means a valid national registration card
Cap. 126
issued under the National Registration Act;
"Voter's registration card" means a valid voter's registration card issued
under the Electoral Act. Cap. 13

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.

Provided that a poll shall not be taken in any by-election in respect of


which only one candidate is validly nominated for election.

(2) Unless the Commission otherwise, by statutory order, directs, a


by-election to fill a casual vacancy in the office of a councillor shall not
be held in any ward in which an ordinary election of councillors is or
may be required to be held under section ten.

(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:

Provided that every councillor of a council elected in the ordinary


elections held in 2001 shall be deemed to have been elected to hold
office for a period of five year commencing on the date of such election
and shall continue in office up to the date of the announcement of the
next ordinary election.
(As amended by Act No. 8 of 2004)

14. (1) Subject to the other provisions of this Act- Qualification


for voting

(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.

(2) Every person shall, whenever he wishes to vote at an election under


this Act, identify himself to an election officer in such manner as may be
prescribed and no person shall be entitled to vote more than once at any
such election.
(As amended by Act No. 18 of 1992)

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.

16. Subject to the provisions of section seventeen, a person shall be Qualification of


qualified for election as a councillor of any council if, and shall not be councillors
qualified to be so elected unless-
(a) he is a citizen of Zambia;
(b) he has attained the age of twenty-one years; and
(c) he is ordinarily resident in the area of that council

17. (1) A person shall not be qualified for election as a councillor if he- Disqualification
of councillors

(a) is, under any law in force in Zambia, adjudged or declared to be


of unsound mind;

(b) is under sentence of death imposed on him by any court in


Zambia or a sentence of imprisonment has been imposed on him by that
court or is substituted by a competent authority for some other sentence
imposed on him by that court;

(c) is an undischarged bankrupt, adjudged or declared bankrupt


under any law in force in Zambia, or has made a composition or
arrangement with his creditors and has not paid his debts in full;

(d) is an officer or an employee of a council;

(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

(f) is an election officer.

(2) No person convicted of corrupt practices or illegal practices by a


court of law after an election petition under this Act, shall be qualified to
be nominated for election as a councillor for a period of five years from
the date of that conviction.
(3) In this section, the reference to a sentence or imprison-ment includes
a sentence or imprisonment which is suspended or a sentence of
imprisonment imposed in default of payment of a fine.
(As amended by Act No. 18 of 1992)

PART V

ELECTION PETITIONS

18. (1) No election of a candidate as a councillor shall be questioned Avoidance of


except by an election petition presented under this Part. elections

(2) The election of a candidate as a councillor shall be void on any of


the following grounds if it is proved to the satisfaction of the court upon
the trial of an election petition:

(a) that by reason of any corrupt practice committed in connection


with the election or by reason of other misconduct, the majority of
voters in a ward were or may have been prevented from electing the
candidate in that ward whom they preferred;

(b) subject to subsection (4), that there has been a non-compliance


with the provisions of this Act relating to the conduct of elections, and it
appears to the court that the election was not conducted in accordance
with the principles laid down in such provisions and that such
non-compliance affected the result of the election;

(c) that any corrupt practice or illegal practice was committed in


connection with the election by, or with the knowledge and consent or
approval of, the candidate or his election agent or his polling agents; or

(d) that the candidate was at the time of his election a person not
qualified or a person disqualified for election as a councillor.

(3) Notwithstanding subsection, (2) where upon the trial of an election


petition, the court finds that any corrupt practice or illegal practice has
been committed by, or with the knowledge and consent or approval of,
any agent of the candidate whose election is the subject of the election
petition, and the court further finds that such candidate has proved that-

(a) no corrupt practice or illegal practice was committed by the


candidate himself or by his election agent, or with the knowledge and
consent or approval of the candidate or his election agent;

(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.

(4) No election shall be declared void by reason only of any act or


omission by an election officer in breach of his official duty in
connection with an election if it appears to the court that the election was
so conducted as to be substantially in accordance with the Act, and that
such act or omission did not affect the result of that election.

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) a declaration that the election was void; or


(b) a declaration that any candidate was duly elected.

(2) In addition to the reliefs, specified in subsection (1), a petitioner


may apply to the court, upon the trial of an election petition, for a
scrutiny to be carried out by the court in such manner as the court may
determine.

(3) On a scrutiny at the trial of an election petition, the following votes


only shall be held invalid:

(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;

(c) the vote of any person who committed or procured the


commission of personation at the election to which the election petition
relates, contrary to this Act;

(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.

(4) In this section-


"secrutiny" means an inquiry as to the validity of the votes cast,
including the determination of the number of valid votes cast, for each
candidate in the election in respect of which the application for a
scrutiny is made,

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.

(4) Not withstanding subsection (3), when the election of a councillor


(hereinafter referred to as "the respondent") is questioned upon an
allegation of a corrupt practice or an illegal practice, the election petition
may be presented-

(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

(b) if the election petition specifically alleges a payment of money


or some other act to have been made or done since the day referred to in
paragraph (a) by the respondent or his election agent, or with the privity
of the respondent or of his election agent in pursuance or in furtherance
of the corrupt practice or illegal practice alleged in the election petition,
at any time within thirty days after the date of such Payment or other act.

(5) Where an election petition is presented under this section, the


Registrar shall in writing so inform the Commission and the principal
officer of the council to which the petition relates.

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.

(2) After the presentation of an election petition, every petitioner to the


petition shall deposit in the court, as security for costs, such sum being
not less than one thousand kwacha as the court may order, and such
security shall be given within such time and in such manner and form as
the Chief Justice may prescribe by rules under this section, or, in the
absence of such rules, as the court may order.

(3) Where, after the presentation of an election petition, no security for


costs is given as required by or under this section, such petition shall be
dismissed by the court and shall be struck off the list made out under
section twenty-two:

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

(2) No application for leave to withdraw an election petition shall be


made until notice of intention to withdraw such election petition has
been given in such manner as the Chief Justice may prescribe by rules
under section twenty-three.

(3) Where an election petition is presented by two or more petitioners,


an application to withdraw such election petition shall not be made
except with the consent of all the petitioners to the petition.

(4) The court may, upon an application for leave to withdraw an


election petition, make such order as to costs as it may think just.

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.

(2) Subject to the other provisions of this section, the substituted


petitioner shall, as nearly as may be, stand in the same position and be
subject to the same liabilities under this Act as the petitioner for who he
is substituted (hereafter referred to as "the original 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.

(4) Unless the court gives directions as provided in sub-section (3),


subsections (2) and (3) of section twenty-three shall apply to the
substituted petitioner as they apply in relation to a petitioner presenting
an election petition.

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.

(3) On the abatement of an election petition under sub-section (1), any


person who might have 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 as a petitioner in place of
the deceased petitioner and the court may, if it thinks fit, order that such
person be substituted accordingly.

(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.

(2) An election petition shall be tried in open 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.

(5) On the trial of an election petition, a record of all evidence given


orally in such trial shall be taken, and this record shall, at the conclusion
of the proceedings, be delivered to the Secretary of the Commission by
the Registrar.

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 after such examination by the court of such witness or


person, such witness or person may be cross-examined by or on behalf
of the petitioner or the respondent.

(2) A person who is called as a witness at the trial of an election


petition shall not be excused from answering any question relating to
any offence connected with an election on the ground that the answer
thereto may tend to incriminate him, or on the ground of privilege:

Provided that-

(i) a witness who answers to the satisfaction of the court every


question which he is required to answer under this section, and which
answers may tend to incriminate him, shall not be liable to prosecution
for any offence committed by him in connection with that election and
in respect of which he is so examined, and such witness shall be entitled
to receive a certificate of indemnity under the hand of the Registrar
stating that he is freed and discharged from liability to prosecution for
that offence;

(ii) an answer by a witness to a question before the court under this


section shall not, except in the case of any criminal proceedings for
giving false evidence in respect of such evidence, be admissible in any
proceedings, civil or criminal, in evidence against him.

(3) Where a person has received a certificate of indemnity under


subsection (2), and any legal proceedings are at any time brought against
him for any offence to which such certificate relates, the court having
cognisance of the case shall, on proof of the certificate of indemnity,
stay such proceedings and may award to that person such costs as he
may have been put to in such proceedings.

(4) All reasonable expenses incurred by any person in attending at or


appearing before the court to give evidence as a witness at the trial of an
election petition shall be allowed to such a person according to the scale
of allowances and expenses appropriate in civil proceedings before the
court.
29. (1) At the conclusion of the trial of an election petition, the court Conclusion of
shall determine whether the respondent, any other and which person, trial of election
was duly elected, or whether the election to which the election petition petition
relates was void, and the Registrar shall, as soon as may be, submit a
copy of such determination to the Commission and to the principal
officer of the council to which the petition relates.

(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.

(5) Where a determination under subsection (1) alters the result of an


election as previously declared, it shall be the duty of the Commission to
publish the result as so altered in the Gazette.

(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-

(a) the evidence given in the proceedings in respect of such corrupt


practice or illegal practice;

(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-

(a) the Commission; and

(b) the Director of Public Prosecutions.

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:

Provided that notice of such application shall be given, in such manner


as may be prescribed by rules under section twenty-three, to the party by
or on whose behalf such deposit was made or for whom such surety gave
a recognisance, requiring such party, or such surety and such party, as
the case may be, to state, within such time and in such manner as may be
so prescribed, whether he resists the application.

(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.

(6) Money deposited as security shall, when no longer needed as


security for costs, be returned to the person in whose name it is
deposited or to any person entitled to receive the money by order of the
court, which may be made upon motion after notice and proof that all
just claims have been satisfied or otherwise sufficiently provided for as
the court may require.

PART VI

CORRUPT AND ILLEGAL PRACTICE AND ELECTION


OFFENCES

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.

32. Any person who- Personation


(a) at any election applies for a ballot paper in the name of some
person, living or dead, or of a fictitious person;
(b) having voted once at any election, applies again at the same
election for a ballot paper; or
(c) votes or induces or procures any person to vote at any election
knowing that he or that person is not entitled to vote at that election;
shall be guity of the offence of personation.

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

(a) makes use of or threatens to make use of any force, violence or


restraint upon any other person;

(b) inflicts or threatens to inflict by himself or by any other person,


or by any supernatural or non-natural means, any temporal or spiritual
injury, damage, harm or loss upon or against any person; or

(c) does or threatens to do anything to the disadvantage of any


person;
in order to induce or compel that person-

(i) to sign or refrain from signing a nomination paper;

(ii) to vote or refrain from voting; or

(iii) to refrain from offering himself as a candidate for an election;


on account of that person having-
A. signed or refrained from signing a nomination paper;
B. voted or refrained from voting at any election; or
C. refrained from offering himself as a candidate; shall be guilty of
the offence of undue influence.
(2) Any person who, by abducting, duress or any fraudulent device or
contrivance impedes or prevents the free exercise of his vote by any
voter or thereby compels, induces or prevails upon any vote at any
election shall be guilty of the offence of undue 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)

42. (1) Any person who- Election


offences

(a) forges or counterfeits or fraudulently destroys any ballot paper


of any person;

(b) without due authority, supplies or causes to be supplied any


ballot paper to any person;

(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;

(h) without due authority, destroys, takes, opens or otherwise


interferes with any ballot box or packet or ballot paper in use or intended
to be used for the purpose of an election;

(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;

(j) manufactures, constructs, has in his possession, supplies or uses


for the purpose of any election, or causes to be manufactured,
constructed, supplied or used for the purpose of any election, any
appliance, device or mechanism by which a ballot paper may be
extracted or manipulated after having been deposited in a ballot box in
the course of polling at any polling station;

(k) on any polling day, at the entrance of or within a polling station,


or in any public or private place within four hundred metres from the
entrance to such polling station-
(i) canvasses for votes;
(ii) solicits the vote of any person;
(iii) induces any person not to vote; or
(iv) induces any person not to vote for a particular candidate;

(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;

(n) not being a presiding officer, a polling assistant, a candidate or a


polling agent in the course of his functions within a polling station,
makes any record showing that any particular person has voted in an
election;

(o) without lawful authority, destroys, mutilates, defaces or removes


any notice which is exhibited under the regulations made under this Act
or any such regulations;

(p) wilfully obstructs or interferes with an election officer in the


execution of his duties;

(q) makes a false answer to any question lawfully put to him by a


presiding officer or polling assistant in connection with the conduct of
an election;

(r) having been lawfully required or directed by an election officer


to leave a polling station or its precincts fails to comply with such
requirement or direction;

(s) associates himself or any candidate with or uses any symbol in


the course of an election unless such symbol is authorised for such
purpose or use by regulations made under this Act;

(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)

(2) In a prosecution for an offence in relation to nomination paper,


ballot box or ballot paper, the property in such nomination paper, ballot
box or ballot paper, as well as the property in the counterfoil of any
ballot paper may be stated to be in the returning officer at that election.
(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.

(2) No person, except a presiding officer acting under the provisions of


this Act, shall obtain or attempt to obtain in a polling station information
as to the candidate for whom any person in such polling station is about
to vote or has voted, or communicate at any time to any person any
information obtained in a polling station as to the candidate for whom
any person in such polling station is about to vote or has voted, or as to
the number on the ballot Paper issued to any person at such polling
station.
(3) Every person in attendance at the counting of the votes shall
maintain, and aid in maintaining, the secrecy of the voting and shall not
ascertain or attempt to ascertain at such counting the number on any
ballot paper or communicate any information obtained at such counting
as to the candidate for whom any vote is given by any particular ballot
paper.

(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.

51. No misnomer or any inaccurate description of any person or place Validation of


in any register, list, nomination paper, notice or other document required certain
for the purpose of this Act shall affect the full operation of the document documents
in respect to that person or place in any case where the description of the
person or place is such as to be commonly understood.

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);

(e) where the Minister makes an order referred to in paragraph (a) in


respect of any area or council, the foregoing provisions shall have effect
in relation to such area or council as from the date of publication of the
order in the Gazette and, notwithstanding that such order is expressed to
come into operation at a later date, any order made by the Commission
under section nine as provided in paragraph (c) and any order made by
the President under section ten as provided in paragraph (d) in relation
to such area or council prior to such later date shall be considered to
have effect as from the date of publication thereof in the Gazette;
(f) where the Minister makes an order referred to in paragraph (a)
altering the area of a council, any reference in this Act a council to all,
for the purposes of this section and as from the date of publication of the
order in the Gazette, be deemed to include a reference to a council as so
altered;
(g) where the Minister makes an order referred to in paragraph (a)
declaring that any area shall cease to be a municipality or a township or
a rural area, any reference in this Act to a council shall, for the purposes
of this section and as from the date of publication of the order in the
Gazette, be deemed not to be a reference to the council for such
municipality or township or rural area, as the case may be.

SUBSIDIARY LEGISLATION

THE LOCAL GOVERNMENT ELECTIONS ACT


THE LOCAL GOVERNMENT ELECTIONS
REGULATIONS [ARRANGEMENT OF REGULATIONS]
PART I
PRELIMINARY
Regulation
1. Title
2. Interpretation
3. Functions of Director of Elections
4. Election officers
5. Form of oath or affirmation for election officers
6. Revocation of appointments of election officer to be notified

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.

(2) Where any act or thing is required or authorised to be done under


these Regulations in the presence of a candidate or an election or agent
or a polling agent, the non-attendance of any such person at the time and
place appointed for the purpose shall not, if such act or thing is
otherwise properly done, invalidate the act or thing done.

3. The Director of Elections shall- Functions of


(a) ensure that every election officer performs his functions under Director of
these Regulations with impartiality and in accordance with the Elections
provisions thereof;
(b) issue to any election officer such instructions as he may deem
necessary to ensure compliance with the provisions of these regulations;
(c) perform all the functions as are conferred or imposed on him by
these Regulations.

4. (1) In respect of each council there shall be- Election


officers

(a) a returning officer who shall be such person as the Commission


shall appoint as the returning officer for that council; and

(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

(c) such approved number of counting assistants as the returning officer


for that council may, by notice in writing, appoint.

(2) In respect of each ward there shall be such approved number of


presiding officers and polling assistants as the returning officer for that
ward may, by notice in writing, appoint.

(3) Whenever-

(a) a returning officer appoints any person to assist him in the


exercise of his functions under paragraph (b) of sub-regulation (1);

(b) a returning officer appoints any person to be a counting assistant


under paragraph (c) of sub-regulation (1); or

(c) a returning officer appoints any person to be a presiding officer


or a polling assistant under sub-regulation (2);
he shall deliver a copy of the notice therein referred to, to the Director of
Elections.

(4) In this regulation-


"approved" means approved by the Director of Elections.
5. Every returning officer, assistant returning officer, counting Form of oath or
assistant, presiding officer and polling assistant shall, before exercising affirmation for
any of the functions conferred upon him under these Regulations or election officers
under any other written law, take and subscribe an oath, or make an
affirmation in lieu thereof, before a magistrate or returning officer in the
appropriate form set out in form LGE 1 in the Schedule to these
Regulations.

6. (1) Where the Commission revokes the appointment of a returning Revocation of


officer it shall publish a notice of such revocation in the Gazette. appointments of
election officers
to be notified

(2) Where a returning officer revokes the appointment of an election


officer appointed by him the returning officer shall give notice in
writing of the revocation to the person concerned and shall deliver a
copy of the notice to the Director of Elections.

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

8. Regulation 7 shall apply to any vacancy in the elected membership Application of


of a council deemed to continue by virtue of subsection (4) of section regulation 7
twenty-nine of the Act, as it applies to any causal vacancy.

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

(2) Every nomination paper shall be countersigned with the acceptance


of the candidate and shall subject to section eleven of the Act, be lodged
with the returning officer appointed for the ward in respect of which the
nomination is made within the period appointed for that ward.

(3) Every candidate shall state in the nomination paper to be lodged by


him under sub-regulation (2)-

(a) the name of the political party which supports his nomination; or

(b) if no political party supports his nomination, that he is an


independent candidate; and

(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.

11. Every nomination paper lodged by a candidate under regulation 10 Nomination


shall be accompanied by a statutory declaration in form LGE 3 in the paper to be
Schedule to these Regulations made and subscribed by the candidate accompanied by
before a magistrate, declaring that the candidate is qualified for statutory
elections. declaration

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

(2) If a candidate for election in a ward so requests, the returning officer


for that ward shall examine his nomination paper before it is lodged with
the returning officer and shall advise the candidate whether in his
opinion the nomination paper is in order.

(3) The question whether any, and if so what, advice was given under
sub-regulation (2) shall not be inquired in any court.

14. No candidate shall be entitled to be nominated for election in more Prohibition of


than one ward and, if any candidate is nominated for election in more nomination of
than one ward, each and every nomination in respect of that candidate candidate in
shall be invalidated. more than one
ward

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-

(a) that the nomination paper is not subscribed or countersigned or


completed or lodged in compliance with the provisions of regulation 10;
or

(b) that the nomination paper is not accompanied by statutory


declaration made and subscribed in compliance with the provisions of
regulation 11; or
(c) that the sum of forty fee units is not paid by the candidate
concerned in compliance with the provisions of regulation 12.

(2) where a returning officer determines that a nomination paper is


invalid he shall reject the nomination of the candidate concerned and
shall endorse on the nomination paper the reasons for his determination
and shall sign the endorsement.

(3) The determination of the returning officer that a nomination paper is


invalid shall not be questioned except by way of an election petition
presented in accordance with the provisions of the Act.

(4) A returning officer shall, subject to the directions of the


Commission, retain in safe custody any nomination paper lodged with
him under regulation 10.
(As amended by Act No. 13 of 1994)

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

(a) in the case of an ordinary election inform the President, by notice


in writing, of that fact and the President shall thereupon declare all
proceedings relating to the election in such ward to be void and shall
exercise his powers under the Act to appoint another day for receiving
nominations in such ward and for the taking of a poll therein; or

(b) in the case of an election arising from a casual vacancy, declare


all proceedings relating to the election in that ward to be void and shall
exercise its powers under the Act to appoint another day for receiving
nominations in that ward and for the taking of a poll therein:

Provided that no fresh nominations shall be necessary in the case of a


candidate who was validly nominated for election in that ward at the
time when the proceedings relating to the election were declared void.

(2) In the case of an election in which only one candidate is validly


nominated the provisions of subregulation (1) shall apply as if for the
words "before the close of the poll" there were substituted for the words
"before the expiry of the day appointed for the holding of an election".

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.

(2) A candidate whose nomination is supported by a political party shall


use the symbol registered in respect of that party under regulation 23.

(3) A candidate under sub-regulation (3) of regulation 10 to be an


independent candidate shall use a symbol allocated to him and
registered by the Director of Elections under regulation 23.

(4) Notwithstanding regulation 23 the same symbol shall not be used by


two or more candidates in the same ward.

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

(2) A political party cantesting an election shall apply through its


secretary to the Director of Elections for registration of a symbol chosen
by that party for use by candidates supported by that party at elections
and, subject to sub-regulation (4) and (5), the Director of Elections shall
register such symbol:

Provided that a political party may apply to the Director of Elections to


cancel the registration of a symbol registered in respect of such party
under this regulation and for the registration of a symbol in place
thereof.

(3) The Director of Elections shall allocate and register, in respect of


any candidate stated under subregulation (3) of regulation 10 to be an
independent candidate for election in any ward, a symbol for use by
each candidate in that election:

Provided that the candidate may apply to the Director of Elections to


cancel the registration of a symbol allocated by the Director of Elections
as aforesaid and for the registration of a symbol chosen by such
candidate.

(4) The following shall not be registered as symbols:

(a) the Armorial Ensigns or the National Flag of Zambia;

(b) any device or emblem which in the opinion of the Director of


Elections, is normally associated with any tribe or religion or the regalia
of a chief;

(c) any symbol or part of a symbol which, under the provisions of


this regulation, is currently registered in respect of any political party or
candidate;

(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.

(3) Where a candidate revokes the appointment of his election agent, or


if his election agent dies, the candidate shall inform the returning officer
in writing thereof and, if the candidate appoints some other person to be
his election agent, he shall forthwith notify the returning officer in
writing of the name and address of the person so appointed.

(4) No person shall be deemed to be the election agent of a candidate


unless he is appointed in accordance with this regulation.

(5) Where no election agent is appointed by a candidate the candidate


himself shall be deemed to be his own election agent, but may, at any
time before the commencement of the poll, appoint any person to be his
election agent and shall forthwith notify the returning officer in writing
of the name and address of the person so appointed.

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:

Provided that no such polling agent may attend at a polling station


unless the candidate or the election agent by whom he is appointed has
complied with the provisions of sub-regulation (2).

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:

Provided that no certificate shall be issued unless the election officer is


satisfied that the applicant is a voter registered in a polling district for
which he is responsible under section thirteen and fourteen of the Act.

(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.

(3) Any voter to whom a certificate is issued under sub-regulation (1)


shall deliver that certificate to the presiding officer at the time he applies
for a ballot paper.

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-

(i) the names of the candidates for election in that ward in


alphabetical order of surnames; and

(ii) the symbol allocated under regulation 23 in respect of each


candidate for election in that ward.

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;

(b) the symbol allocated under regulation 23 in respect of each


candidate for election in that ward.

(2) Every ballot paper shall be attached to a counterfoil bearing the


same serial number as that printed on the ballot paper.

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-

(a) a member or the Secretary of the Commission and members of


its staff authorised in that behalf;

(b) the Director of Elections;


(c) the returning officer or assistant returning officer for the council
area in which the polling station is situated;

(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;

(f) the election agents of the candidate;

(g) the polling agent appointed under regulation 28 by each such


candidate in respect of the polling station;

(h) a police officer on duty;

(i) any person authorised in writing by the Director of Elections to


enter and remain in the polling station;
to leave the polling station and its precincts:

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.

(3) Every candidate, election agent, polling agent or person authorised


in writing by the Director of Elections to enter and remain in a polling
station shall, before attending at the taking of a poll in any polling
station in a ward, take and subscribe an oath or make affirmation in lieu
thereof, in the form prescribed in regulation 5 and, for that purpose, the
returning officer for the ward shall have the power to administer the
oath.

(4) The powers conferred by this regulation shall not be exercised so as


to prevent any voter who is otherwise entitled to vote at a polling station
from having an opportunity of voting at the polling station.

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

(b) produce his voter's registration card to the presiding officer or


polling assistant at the polling station; and

(c) identify himself by producing the national egistration card


bearing the national registration number recorded on his voter's
registration card; and

(d) if so required by the presiding officer or polling assistant,


present both his hands for inspection by the officer;
and no person shall be issued with a ballot paper unless he complies with
the requirements set out in paragraphs (a) to (d).

(2) A presiding officer or polling assistant at a polling station may put to


any applicant for a ballot paper such questions as he may consider
necessary to enable him to identify the applicant with a name on the
copy of the register of voters at the polling station.

(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

(c) that the applicant has properly identified himself under


paragraph (c) of sub-regulation (1); and

(d) that the applicant has not previously voted in the election in
respect of which he is applying for a ballot paper.

38. If a presiding officer or polling assistant at a polling station is Procedure for


satisfied under regulation 37 that an applicant is entitled to be issued casting vote
with a ballot paper, and to vote, the following procedure shall subject to
the provisions of regulation 42, be followed:
(a) the voter shall, prior to receiving a ballot paper, immerse a
thumb up to at least the whole exposed nail in ink provided by the
presiding officer or polling assistant.
Provided that-

(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;

(ii) in the case of a voter without any thumb of fingers, this


paragraph shall not apply; and
(h) before issuing a ballot paper to the voter the presiding officer or
polling assistant shall-

(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;

(iii) stamp the ballot paper with the official mark;

(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.

(3) On or after the expiry of the period of two minutes referred to in


sub-regulation (2) the presiding officer may direct the person concerned
to place the ballot paper issued to that person in the ballot box and to
leave the polling station and its precincts and not to return thereto during
the period of the poll.

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

(b) a voter who declares orally that he is unable to read or otherwise


asks for the assistance of the presiding officer;
enter a compartment with the voter in order to assist him to cast his vote
pursuant to paragraph (d) of regulation 38 and, subject to the said
provisions, shall mark the ballot paper issued to the voter opposite the
name of the candidate as the voter may signify and shall, with the assent
of the voter, place the ballot paper in the ballot box on behalf of the
voter.

(2) The relative or friend referred to in paragraph (1) shall be a


registered voter in that polling district and shall not be a person who has
already assisted another voter in that election.

(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.

(2) Any voter to whom a certificate is issued under sub-regulation (1)


shall deliver the certificate to the presiding officer when he applies for a
ballot paper.

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.

(5) Where a returning officer is notified under subregulation (4) of the


postponement or adjournment of a poll he shall forthwith notify the
Director of Elections 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:

Provided that such packet shall not be sealed but shall be


securely fastened.

(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

(a) a member or the Secretary of the Commission and members of


its staff authorised in that behalf;

(b) the Director of Elections;

(c) the returning officer and any assistant returning officer for the
ward;

(d) the counting assistants appointed by the returning officer;

(e) the candidates for election in the ward;

(f) the election agents appointed by the candidates;

(g) one polling agent in respect of each candidate;

(h) a police officer on duty;

(i) any person authorised in writing by the Director of Elections;


may attend.

(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.

(3) The returning officer shall submit to the Director of Elections a


written report of the result of the examination carried out under
sub-regulation (2) if the examination reveals that the seals of any packet
or ballot box are broken

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

(c) on which anything is written or marked by which the voter can


be identified; other than the number printed on the ballot paper; or

(d) which is unmarked or invalid for uncertainty.

(2) A ballot paper on which the vote is marked-

(a) elsewhere than in the proper place; or

(b) otherwise than by means of a cross; or

(c) by more than one mark;


shall not by reason thereof be invalid if an intention that the vote shall be
for one or other of the candidates clearly appears, and the way the paper
is marked does not of itself identify the voter and it is not shown that he
can be identified thereby.

(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-

(a) want of official mark;

(b) voting for more than one candidate;

(c) writing or mark by which the voter could be identified;


(d) unmarked or invalid for uncertainty:
and any candidate, his election agent or polling agent present may copy
the statement.

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.

(2) No step shall be taken by the returning officer on the completion of


the counting or of any recounting of the votes until the candidates,
election agents and polling agents present at the completion thereof have
been given a reasonable opportunity to exercise the right conferred by
this regulation.

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.

(2) If there is again an equality of votes as a result of the recount, the


returning officer shall forthwith decide between those candidates by lot
in such manner as the Commissioner may determine and shall proceed
as if the candidate on whom the lot falls had received an additional vote.

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.

56. The decision of a returning officer on any question arising in Questions


respect of any ballot paper or as to the declaration of the result of the poll arising on
shall not be questioned except by an election petition presented under decision of
the provisions of the Act. returning
officer

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

(a) in respect of each polling district, the packet marked "B"


containing the unused ballot papers together with their counterfoils and
the spoilt ballot papers;

(b) in respect of each polling district, the packet marked "C"


containing the copy of the register of voters and the certificate placed
therein under regulation 46;

(c) the packets containing the ballot papers counted in respect of


each of the candidates and sealed under regulation 57; and

(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:

Provided that where the Commission has been informed under


sub-section (5) of section twenty-one of the Act that an election petition
has been presented in respect of the election the packets shall not be
destroyed until such time as the trial of the election petition has been
finally determined.
PART V
CORRUPT AND ILLEGAL
PRACTICES AND ELECTION
OFFENCES
60. (1) Any person who, directly or indirectly, by himself or by any Bribery
other 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, promises, procurement or agreement


to or for any person in order to induce that person to produce 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, 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 the 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 election;
(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 or agreeing to refrain from voting at any
election;

(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

(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 voter for the
purpose of inducing him to vote or refrain from voting;
shall be guilty of the offence of bribery.

(2) Nothing in this regulation shall be construed as applying to any


money paid or agreed to be paid for or on account of any expenditure
bona fide and lawfully incurred in respect of the conduct or management
of an election.

61. Any person who- Personation


(a) at any election applies for a ballot paper in the name of some
other person, living or dead, or of a fictious person; or
(b) having voted once at any election, applies again at the same
election for a ballot paper; or
(c) votes or induces or procures any person to vote at any election
knowing that he or that person is not entitled to vote at that election;
shall be guilty of the offence of personation.

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

(a) makes use of or threatens to make use of any force, violence or


restraint upon any other person; or

(b) inflicts or threatens to inflict by himself or any other person, or


by any supernatural or non-natural means or pretended supernatural or
non-natural means, any temporal or spiritual injury, damage, harm or
loss upon or against any person; or

(c) does or threatens to do anything to the disadvantage of any


person;
in order to induce or compel that person-
(i) to sign a nomination paper or refrain from signing a nomination
paper; or
(ii) to vote or refrain from voting; or
(iii) to refrain from offering himself as a candidate for election;
or on account of that person having-
(A) signed or refrained from signing a nomination paper; or
(B) voted or refrained from voting at any election; or
(C) refrained from offering himself as a candidate;
shall be guilty of the offence of undue influence.

(2) Any person who, by abduction, duress or any fraudulent device or


contrivance, impedes or prevents the free exercise of the vote of any
voter or thereby compels, induces or prevails upon any voter either to
give or to refrain from giving his vote at any election, shall be guilty of
the offence of undue 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

(2) Any person who, before or during an election, publishes a false


statement of fact in relation to the personal character or conduct of a
candidate in that 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.

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.

(2) Any person who knowingly makes a false statement in a statutory


declaration made and subscribed under regulation 11 shall be guilty of
an illegal practice.

(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)

71. (1) Any person who- Election


offences

(a) forges or counterfeits or fraudulently defaces or fraudulently


destroys any ballot paper or the official mark on any ballot paper;

(b) without due authority, supplies or causes to be supplied any


ballot paper to any person;

(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;

(e) not being a person entitled under these Regulations to be in


possession of a ballot paper, official seal or official mark has any such
ballot paper 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;

(h) without due authority, destroys, takes, opens or otherwise


interfers with any ballot box or packet of ballot papers in use or intended
to be used for the purpose of an election;

(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;

(j) manufactures, constructs, has in his possession, supplies or uses


for the purpose of an election, or causes to be manufactured,
constructed, supplied or used for the purposes of any election any
appliance, device or mechanism by which a ballot paper may be
extracted or manipulated after having been desposited in a ballot box in
the course of polling at any polling station;

(k) on any polling day, at the entrance to or within a polling station,


or in any public place or in any private place within the entrance to the
polling station-
(i) canvasses for votes;
(ii) solicits the vote of any person;
(iii) induces any person not to vote; or
(iv) induces any person not to vote for a particular candidate;

(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;

(n) not being a presiding officer, a polling assistant, a candidate, an


election agent or a polling agent in the course of his functions within a
polling station makes any record showing that any particular person has
voted in an election;

(o) without lawful authority, destroys, mutilates, defaces or removes


any notice which is exibited under these Regulations, or any document
made available for inspection under these Regulations;

(p) wilfully obstructs or interferes with an election officer in the


execution of his duties.

(q) makes a false answer to any question put to him by a presiding


officer or a polling assistant under sub-regulation (2) of regulation 37.

(r) in contravention of regulation 44 has any communication with a


voter while the voter is in the precincts of a polling station for the
purpose of voting;
(s) having been required under sub-regulation (2) of regulation 36
or directed under sub-regulation (3) of regulation 39 to leave a polling
station, fails to leave the polling station or the precincts thereof;

(t) associates himself or any candidate with, or uses, any symbol in


the course of an election unless the use of such symbol is authosied
under regulation 23;
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.

(2) Any person who attempts to commit an offence against this


regulation shall be liable to the punishment prescribed for that offence.

(3) In a prosecution for an offence in relation to a nomination paper,


ballot box or ballot paper, the property in the nomination paper, ballot
box or ballot paper as well as the property in the counterfoil or any ballot
paper, may be stated to be in the returning officer at that election.
(As amended by Act No. 13 of 1994)

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.

(2) No person, except a presiding officer acting under regulation 42,


shall obtain or attempt to obtain in a polling station information as to the
candidate for whom any person in the polling station is about to vote or
has voted or communicate at any time to any person any information
obtained in a polling station as to the candidate for whom any person in
the polling station is about to vote or has voted, or as to the number on
the ballot paper issued to any person at the pollingstation.

(3) Every person in attendance at the counting of the votes shall


maintain, and aid in maintaining, the secrecy of the voting and shall not
ascertain or attempt to ascertain at the counting the number on any ballot
paper or communicate any information obtained at the counting relating
to the candidate for whom any vote is given by any particular ballot
paper.

(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.

(3) For the purposes of this regulation-

(a) any process for producing copies of a document other than by


copying it by hand shall be deemed to be printing and the expression
"printer" shall be construed accordingly; and

(b) "electoral matter" shall be deemed to include all matters which,


on the face of them are intended or calculated to affect the result of an
election.

(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

(a) distributing copies to the public;

(b) being read out for broadcasting over the Zambia National
Broadcasting Corporation radio and television networks;

(c) being advertised in the local press in conformity with regulation


74;

(d) being read out at a public meeting; and

(e) any other lawful method.

(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-

(a) 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;

(b) be confined to discussion 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; and

(c) not be seditious or inflamatory or against any written law and


shall not in any way be calculated to incite hatred, public disorder,
breaches of the peace and violence.

(2) An oral statement, as specified in sub-regulation (1), may be made


only at a public meeting arranged and supervised by or on behalf of the
Commission at which the speakers shall be persons
who have previously indicated in writing to the Commission their wish
to address a public meeting and have indicated the party they support.

Provided that-

(a) separate meetings shall be arranged for persons speaking on


behalf of the party they support; and

(b) the Commission shall ensure that an equal number of meetings


for contesting parties unless no person has come forward to indicate a
wish to speak on behalf of any party.

(3) The Commission or an officer authorised in that behalf shall


publicise the time and venue of each public meeting indicating the party
the speakers will support.

(4) The Commission or an officer authorised in that behalf shall notify,


in advance, the officer commanding or the officer-in-charge of police in
the locality of any meeting and the officer commanding or the
officer-in-charge of police shall cause the attendance of an adequate
number of police officers to ensure the maintenance of law and order
and compliance with the provisions of this Part.

(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.

(5) Any person who directly or indirectly, by himself or by any other


person does or threatens to do anything to the disadvantage of any
person-

(a) in order to induce or compel that person to canvass or refrain


from canvassing or on account of that person having canvassed or
refrained from canvassing in connection with the elections under the
Act; or

(b) in order to induce or compel that person to attend or refrain from


attending a public meeting or on account of that person having attended
or refrained from attending a public meeting held in connection with the
election under the Act;
shall be guilty of an offence.

(6) Any person who, by abduction, duress or any fraudulent device or


contrivance, impedes or prevents the free exercise of the right of any
person to canvass under this Part, or thereby compels, induces or
prevails upon any person either to canvas or to refrain from canvassing
for elections under the Act 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
________________

THE LOCAL GOVERNMENT ELECTIONS REGULATIONS

OATH OR AFFIRMATION
________________

(Regulation 5, 36 and 48)

I, ..................................................having been

appointed as ................................................for the

....................................ward(s) of the........................................................................

Council, swear/solemnly and sincerely affirm that-


*(a) I will carry out the duties required of me as a result of my appointment impartially and
to the best of my ability without fear or favour to any person or persons; and
(b) I will not directly or indirectly reveal to any person any matter that may come to my
knowledge or notice as a result of my appointment unless so authorised by law.

Signed ............................................................

Name/Affirmed before me this......................................................................day of ............

....................................................................., 19............
Signed ............................................................

Sworn/Affirmed before me this.....................................................................day of ............


....................................................................., 19............
Signed ............................................................

Name IN BLOCK LETTERS ..........................................


Magistrate/Returning Officer
*in case of candidate, election agent or polling agent delete paragraph (a).
FORM LGE 2

REPUBLIC OF ZAMBIA
The Local Government Elections Regulations
(Regulations 2 and 10)

NOMINATION PAPER

To: The Returning Officer, ...................Ward.....................................Council,


We, the undersigned voters in the above-named ward do hereby nominate-
First Names (in Block Capitals) .....................................
Surname (in Block Capitals) ....................................
Residential Address ........................................
.............................................................
Postal address .......................................
..........................................................
to stand as a candidate for election in the .........................Ward
of the..........................................................Council

Full name Polling district Number of Signature


in block
capitals in which registered voter' or thumb-
as a voter registration card print*
Proposed by
Seconded by
Supported by
Supported by
Supported by
Supported by
Supported by
Supported by
Supported by
Supported by

*To be placed on this form in the presence of the Returning Officer.


And I, the said (full name in Block Capitals) .......................
hereby declare-
(a) that I accept the nomination;
(b) that my nomination is supported by the (name of political party)
........................................./that I am an
independent candidate;*
(c) that my political symbol is ..........................
(d) that I have appointed (full name) .......................
of address
to be my Election Agent.
In accordance with regulation 11 I have completed below a statutory declaration in
respect of my nomination as a candidate.
Date.....................................................................
......................................................................................
Signature of Candidate
Signed by all parties in my presence and received by me at (time)
................................on the......................................................day

of.......................................................19...........
......................................................................................
Signatire of
Returning Officer

*Delete whichever is not applicable

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........................................................................................

PENALTY FOR GIVING FALSE INFORMATION


By virtue of the Local Government Elections Regulations, the penalty for making a
false statement is imprisonment for a period not exceeding two years or a fine not
exceeding four hundred penalty units or both.
(As amended by S.I. No 185 of 1993 and Act No. 13 of 1994)
FORM LGE 4

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

CERTIFICATE OF AUTHORITY TO VOTE AT A POLLING STATION FOR


PERSONS EMPLOYED

ON ELECTION DUTIES

(Regulation 43)

To: Presiding Officer ..................................Polling

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

BALLOT PAPER ACCOUNT


_____________

(Regulations 2 and 4)

Polling Station.............................Ward.............................................................
Council .................................Date of Poll........................................, 19.......

To be completed by Returning To be completed by Presiding Officer at close


Officer on issue of ballot papers
of the Poll
Number Total of
used Columns
excluding Number Number 2-4
Total spoilt of spoilt of unused (This must
number ballot ballot ballot equal
Ballot papers supplied supplied papers papers papers Column 1)
Ballot paper (1) (2) (3) (4) (5)
numbered-
(a) ................to ......inc.
(b) ................to ......inc.
(c) ................to ......inc.
(d) ................to ......inc.
(e) ................to ......inc.
(f) ................to ......inc.
(g) ................to ......inc.
(h) ................to ......inc.
(i) ................to ......inc.
(j) ................to ......inc.
(k) ................to ......inc.
(l) ................to ......inc.
(m) ...............to ......inc.
(n) ................to ......inc.
(o) ................to ......inc.
(p) ................to ......inc.
(q) ................to ......inc.
(r) ................to ......inc.
(s) ................to ......inc.
(t) ................to ......inc.
TOTALS

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
______________

STATEMENT OF REJECTED BALLOT PAPERS


(Regulation 51)

......................... Ward ............................................................ Council

Date of Poll ..............................., 19............

1. No official mark ...........................


2. Votes shown for more than one candidate ...................
3. Voter identified by mark ......................
4. Unmarked or invalid due to uncertainty

Reason for rejection by Returning Officer

1. No official mark ........................... ....................


2. Votes shown for more than one candidate ...................
................... ...................
3. Voter identified by mark ...................... ...................
4. Unmarked or invalid due to uncertainty

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

I, (full name of Returning Officer) .............................


being the Returning officer for the ............... Ward, do hereby
declare that I have, in accordance with the law, ascertained the result of the Poll in the said
Ward and that there have been given to:
(1) ............................................................ ...................................... ................ Votes
(2) ............................................................ ....................................... ............... Votes
(3) ............................................................ ..................................... ................. Votes
(4) ............................................................ ................................... ................... Votes
(5) ............................................................ ................................... ................... Votes
and I therefore declare the said .....................to be this
day duly elected as a member of the ....................Council
for the................................................................................................Ward.
I further declare that a total of ...............ballot papers have been
rejected by me as invalid.
Date ................................. Signed .............................................
Full name in BLOCK CAPITALS ........................

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)

REPORT ON VERIFICATION OF BALLOT PAPER ACCOUNTS

To: Director of Elections


P.O. Box 50274
Lusaka
I, the undersigned, being the Returning Officer for the .............
Ward ............Council, hereby report that I have in
accordance with Regulation 58 of the above Regulations, verified the ballot paper accounts
received from the Presiding Officer of every Polling Station in the Ward by comparing
them with the number of ballot papers contained in each ballot box and the total number of
unused and spoilt ballot papers delivered to me by such Presiding Officer.
The result of such verification is as follows:
1. Total number of ballot papers issued by me to Presiding
Officers........................................................

Details obtained from Details obtained from physical


Ballot Paper Accounts check by Returning Officer

2. Number used excluding spoilt 5. Total number of ballot papers


ballot.............. contained
in all boxes
3. Number of spoilt 6. Total number of spoilt ballot papers
papers on hand
7. Total number of unused ballot papers
4. Number of unused ballot papers returned
by Presiding Officers

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)
_____________

CERTIFICATE OF AUTHORITY TO VOTE AT POLLING STATION

To: Presiding Officer .................Polling Station.................................


....................................
.............................................................Ward
The person specified below has applied under regulation 30 (1) for a certificate of
registration as a voter and I am satisfied that such person is registered as a voter in
accordance with the details shown.

VOTER'S ROLL NO. POLLING DISTRICT

SURNAME

OTHER NAME(s) (First name in full other names initials only)

RESIDENTIAL ADDRESS (Not. P.O. Box No.)

NATIONAL REGISTRATION NUMBER

Date.........................................................., 19....... ................................................


Electoral Officer

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

Rules by the Acting Chief Justice

1. These Rules may be cited as the Local Government Electoral Title


Petition Rules.

2. An election petition shall be in the form set in the First Schedule. Form of petition

3. (1) The petition shall be in paragraphs confined to a particular Petition to be in


subject matter. paragraphs

(2) Each paragraph shall be numbered consecutively.

4. The petition shall- Contents of


(a) state the person presenting the petition as prescribed in section petition
nineteen of the Act;
(b) state the result of the election;
(c) state the facts and ground relied on to sustain the prayer; and
(d) conclude with a prayer that-

(i) the election should be declared void; or

(ii) the specified person should be declared duly elected.

5. (1) No evidence shall be stated in the petition. Evidence

(2) The court may order-

(a) such particulars as may be necessary to prevent surprise and


unnecessary expense and to ensure a fair trial in the same manner as in
ordinary proceedings before a Court; and
(b) costs.

6. (1) The petitioner shall serve or cause to be served a copy of the Service of
petition on the respondent. petition

(2) The service under sub-rule (1) shall be by personal service.

(3) The Registrar may with or without application make an order to


substitute the service under sub-rule (1) with service by registered letter,
addressed to the respondent at the postal address declared in his
nomination paper, or by publication in a newspaper circulating in
Zambia.

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.

(6) The Registrar shall notify the petitioner-

(a) on the amount of the costs determined by the Judge; and

(b) on the manner in which the costs shall be paid.

(7) The petitioner shall pay the costs not later than seven days of such
notification.

(8) A person who acts as a recognizance, shall prepare an affidavit


stating that he owns real or personal property to satisfy the debt
amounting to the value of the sum for which he is bound by his
recognizance.

(9) The affidavit shall be lodged with the Registrar.

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.

10. (1) A notice of intention to withdraw an election petition shall be Notice of


lodged with the Registrar. intention to
withdraw
petition

(2) The notice shall-

(a) be in writing, signed by the petitioner, or by all the petitioners if


they are more than one;
(b) state the name and address of the petitioner and respondent; and

(c) state the intention of the petitioner to apply to Court to withdraw


the election petition.

(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.

11. (1) The notice of application to withdraw a petition shall be in Notice of


writing and signed by the petitioner, or by all the petitioners if there are application to
more than one. withdraw
petition

(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.

(2) The notice of the date of hearing of an application to withdraw a


petition shall be published in at least one newspaper circulating in
Zambia.

(3) The notice of the date of hearing of an application to withdraw a


petition shall state that any person who has an interest in the hearing
may apply to the Court to be substituted as the petitioner.

(4) An application by any person who has an interest referred to in


sub-rule (3) shall be supported by an affidavit stating that the applicant
is qualified to be a petitioner under section nineteen of the Act.
14. The court may make an order for costs as it may deem necessary. Costs

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.

(2) Such notice shall be in writing, signed by the applicant, and


addressed to the party by or on whose behalf such deposit was made, or
for whom such surety gave a recognizance.

(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

(2) In postponement date shall be published in a newspaper circulating


in Zambia at least seven days before the new date of trial.

(3) A trial of an election petition may be adjourned from time to time.

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

ELECTION FOR (here state Ward) HELD ON THE


DAY OF
The Petition of
whose names are subscribed.
1. Your petitioner is-
(insert which of the following is appropriate)
(a) a person who lawfully voted;
(b) a person who lawfully had a right to vote;
(c) a person who had a right to be nominated as a candidate at the aforesaid election;
(d) a person who has a right to be elected as a Councillor at the aforesaid election;
(e) a person who was a candidate at the aforesaid election;
(f) the Attorney-General.
2. And your petitioner/s state/s that the election was held on the
day of
when and
were
candidates and the returning officer has returned
as being duly
elected.
3. And your petitioner/s say/s that (here state the facts and grounds on which the
petitioner/s relies/rely/
WHEREOF your petitioner/s pray/s that it may be determined that the said
was not duly elected or returned and that the election was void (or that the said
was duly elected or ought to have been returned).
Signed.....................................................
................................................................

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

15. Order for preparation of development plans


16. Preparation of development plans
17. Approval of development plans
18. Revocation or modification of approved development plans
PART IV
PROCEDURE FOR THE PREPARATION AND
SUBMISSION OF DEVELOPMENT PLANS AND THEIR
MODIFICATION AND EXTENSION

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

22. Permission required for development and subdivision


23. Development or subdivision orders
24. Delegation to planning authorities
25. Application for planning permission
26. Additional powers of Minister to give directions to any
planning authority
27. Supplementary provisions re grant of planning permission
28. Supplementary provisions re grant of permission to subdivide
29. Additional provisions for appeal to Tribunal
30. Revocation and modification of planning permission by the
Minister
31. Enforcement of planning control
32. Supplementary provisions as to enforcement including
penalties
33. Repealed operation of enforcement notices

PART VI
COMPENSATION FOR REFUSAL OR CONDITIONAL
GRANT OF PLANNING PERMISSION

34. Definition of "planning decision"


35. Compensation for planning decision
36. No compensation payable in certain cases
37. No compensation if other development permitted
38. Exclusion and limitation of compensation in certain other cases
39. General provisions as to claims for compensation

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

44. Preparation of regional plan


45. Appointment of regional planning authority
46. Approval of regional plan
47. Revocation or modification of approved regional plan
48. Application to Customary Areas and townships

PART IX
GENERAL

49. Power to hold or cause the holding of public inquiries


50. Service of notices
51. Right of entry
52. Additional consent required
53. Regulations
54. Savings
55. Acts, orders and conditions given or imposed under former Act

FIRST SCHEDULE-Planning authorities with delegated powers and


responsibilities on the appointed day

SECOND SCHEDULE-Matters for which provision may be made in a


development plan

THIRD SCHEDULE-Matters which may be included in permission to


subdivide

CHAPTER 283 32 of 1961


25 of 1962
28 of 1964
TOWN AND COUNTRY PLANNING 16 of 1965
28 of 1965
69 of 1965
An Act to make provision for the appointment of 46 of 1969
planning authorities, for the establishment of a Town 47 of 1970
53 of 1970
and Country Planning Tribunal, for the preparation, 21 of 1997
approval and revocation of development plans, for the Government Notice
control of development and subdivision of land, for the 232 of 1964
Statutory
assessment and payment of compensation in respect of Instrument
planning decisions, for the preparation, approval and 65 of 1965
revocation or modification of regional plans; and for Acts No
13 of 1994
matters connected with and incidental to the foregoing. 29 of 1995

[16th November, 1962]

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.

2. In this Act, unless the context otherwise requires- Interpretation

"advertisement" means any word, letter, model, sign, placard, board,


notice, device or representation, whether illuminated or not, in the
nature of and employed wholly or in part for the purpose of
advertisement or announcement and, without prejudice to the foregoing
definition, includes any hoarding or similar structure used or adapted for
use for the display of advertisement, and references to the display of
advertisements shall be construed accordingly;

"agriculture" means the use of land exclusively or mainly for


agriculture, whether as arable, pasture, ranching, grazing, orchard or
seed growing, or for fish farming, forestry or
for the breeding and keeping of livestock including any creature kept for
the production of food, wool, silk, skins or fur, and includes buildings
necessary therefor and uses ancillary thereto;

"appointed day" means the 16th November, 1962;

"approved development plan" means a development plan and any


amendment or modification thereof approved by the Minister under
section seventeen;

"building" includes any structure or erection and any part of a building


so defined, but does not include plant or machinery comprised in a
building;

"building line" means a line specifying the minimum distance between


the boundary of a stand, lot, plot or road, and any building or proposed
building on the stand, lot or plot;

"class", in relation to development, means the group of land or building


uses to which the development is deemed to belong by virtue of any
regulation made under section fifty-three;

"Customary Area" has the meaning assigned thereto by section two of Cap. 184
the Lands Act;

"development" has the meaning assigned to it by section twenty-two and


"develop" has a corresponding meaning;

"development order" has the meaning assigned thereto by section


twenty-three;

"Director" means the Director of Physical Planning and Housing who


is a public officer in charge of town and country plaaning;

"Environmental Council of Zambia" means the


Environmenatal Council of Zambia established under Cap. 204
section three of the Environmental Protection and
Pollution Control Act;
"erection", in relation to buildings, includes extension, alteration
and re-erection;

"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;

"functions" includes power and duties;

"Government purpose" means a purpose of the Government of Zambia;

"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;

"Natural Resources Board" means the Natural Resources Advisory


Board established under the provisions of section three of the Natural
Resources Conservation 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;

and includes the liquidator of any company which is an owner as


aforesaid, and the representative recognised by law of any owner as
aforesaid who has died, become insolvent, assigned his estate for the
benefit of his creditors, or is under any legal disability;

"planning authority" means the local or other authority appointed by or


under the provisions of section five and shall, for the purposes of Parts V
and VI, include the Environmental Council of Zambia;

"prescribed" means prescribed by regulation made under the provisions


of this Act;

"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

"statutory undertaker" means Zambia Railways, and any body


responsible under any written law for the supply of water or electricity
within Zambia, and *any other body which the Minister may be
statutory notice specify;

* 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.

"subdivision" has the meaning assigned to it by section twenty-two and


"subdivide" has a corresponding meaning;

"subdivision order" has the meaning assigned thereto by section


twenty-three;

"township authority" means a township council;

"Tribunal" means the Town and Country Planning Tribunal established


under the provisions of section six.
(As amended by No. 69 of 1965, S.I. No. 65 of 1965, No. 53 of 1970 and
No. 21 of 1997)

*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.

(3) (Repealed by No. 47 of 1970)


(4) Notwithstanding the provisions of any other law, this Act shall Cap. 213
apply in all matters relating to land zoning and development.

(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

(2) Where, after consultation as provided in subsection (1), the


Republic and the planning authority are not in agreement concerning the
carrying out of any development or subdivision of land, the planning
authority may, within twenty-eight days of the completion of the said
consultation, make written submissions to the Minister against the
proposed development or subdivision of land.

(3) As soon as may be after the receipt of the aforesaid written


submissions, the Minister shall refer them, together with any written
submissions on behalf of the Republic, to the Tribunal.

(4) The Tribunal shall consider the written submissions referred to it


and shall give the Minister its opinion concerning the proposed
development or subdivision of land.

(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.

(8) The decision of the Minister on any written submissions made to


him shall be final and shall not be challenged in any proceedings
whatsoever.
(No. 28 of 1964 as amended by S.I. No. 65 of 1965 amended by Act No.
21 1997)

5. (1) The Minister shall designate the Director as the strategic planning
authority to-

(a) exercise such other functions as the Minister may delegate to


the Director under section twenty-four; or
(b) exercise such other functions as may be prescribed by the
Minister;

(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:

(a) to prepare a structure plan or local plan ordered under the


provisions of section fifteen;

(b) to exercise such functions as may be delegated to it under the


provisions of section twenty-four.

(4) The Minister may, by statutory notice, change the constitution in


whole or in part of any planning authority appointed under the
provisions of subsection (2):
Provided that no change shall be made before the expiry of twenty-eight
days' notice of the proposed change has been given by the Minister to
the planning authority having jurisdiction at the time of such notice, and
such planning authority may within such period of twenty-eight days
request an inquiry under the provisions of section forty-nine, in which
case no change shall be made until the inquiry has been held, and its
decision, which shall be binding on the Minister, made known by public
notice.

(5) The Minister may prescribe the procedure to be followed by the


planning authorities appointed under the provisions of subsection (2).
(As amended by No. 25 of 1962 and No. 21 of 1997)

PART II

TOWN AND COUNTRY PLANNING TRIBUNAL

6. There is hereby established a Tribunal to be known as the Town and Establishment


Country Planning Tribunal which shall have the jurisdiction, power and of Tribunal
authority conferred upon it by this Act and by any regulation made
hereunder.

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.

(2) The president of the Tribunal shall be a barrister or solicitor entitled


to practise in Zambia, or a person who holds or has held judicial office.

(3) The Tribunal shall consist of the president or the vice-president of


the Tribunal and such other members, not less than two in number, as
may be appointed by the Judicial Service Commission from time to time
to sit with the president or the vice-president as members of the Tribunal
for the determination of any matter before the Tribunal:

Provided that one of the members of the Tribunal so appointed shall be a


Chartered Planner of the Town Planning Institute of the United
Kingdom or hold such similar qualification as the Minister may
approve.

(4) If the president or the vice-president of the Tribunal considers that


any matter which has been brought before the Tribunal is likely to
involve professional or special considerations, other than considerations
pertaining to town and country planning, he may, with the agreement of
the Minister, appoint a suitable person to advise the Tribunal on the said
professional or special considerations.

(5) The Minister shall appoint a secretary to the Tribunal.


(As amended by G.N. No. 232 of 1964, No. 16 of 1965
and S.I. No. 65 of 1965)

8. (1) The Judicial Service Commission may appoint a vice-president Appointment of


of the Tribunal who shall hold office for such period and subject to such vice-president
conditions as may be agreed.

(2) The vice-president of the Tribunal shall be a barrister or solicitor


entitled to practise in Zambia, or a person who holds or has held judicial
office.

(3) The president of the Tribunal or, if the president is unable to do so


because of illness or other cause, the Minister, may call upon the
vice-president to exercise and perform such functions of the president
for such period as the president or the Minister may specify, and
thereupon the vice-president shall, and the president shall not, exercise
and perform such functions for such period.
(No. 16 of 1965)

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);

(c) if the Tribunal, after considering any matter brought before it


under this section, is of the opinion that the appeal should be allowed, it
shall, before making any order under the provisions of paragraph (b),
afford the Minister or planning authority an opportunity of making
representations as to any conditions or requirements which he or it
considers ought to be included in the order and shall afford the appellant
an opportunity of replying thereto, and thereafter the Tribunal may
make such order in the matter as it thinks fit, and any such order shall be
binding on the Minister, planning authority and the appellant:

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;

(d) all matters requiring to be determined by the Tribunal shall be


decided by a majority of votes and such decision shall be the
determination of the Tribunal:

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)

14. The Minister may, by statutory instrument, make regulations Regulations


prescribing-
(a) the rules of procedure to be adopted by the Tribunal;
(b) the manner in which costs and charges imposed by the Tribunal
may be recovered.
PART III

STRUCTURE PLANS OR LOCAL PLANS

15. (1) The Minister may by statutory notice- Order for


preparation of
structure plans
or local plans

(a) order a development plan to be prepared for any area specified in


such notice and may stipulate after consultation with the planning
authority the time to be granted to the planning authority for the
preparation and submission of the development plan to him, and may
extend such time;

(b) change the area of a development plan by additions or


exclusions;

(c) change the area of an approved development plan by exclusions:

Provided that the order to prepare a development plan or a notice


changing the area of a development plan or an approved development
plan shall not become operative until forty-five days after the date of
publication of the said order or notice, and any interested person may,
within twenty-one days after the date of the said publication, object to
the Minister to the preparation of such a plan or such change in area and,
where any person does so object, the Minister may, prior to the expiry of
the said forty-five days, order a public inquiry thereinto under section
forty-nine, in which case the said order or notice shall not become
operative until the Minister by statutory notice so declares.

(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.

(5) A structure plan prepared under section (4)-

(a) may maintain the contents of the approved local plans; and

(b) shall be submitted by the planning authority to the Minister for


approval.

(As amended by Act No. 21 of 1997)

16. (1) A planning authority shall submit to the Minister for approval a structure plan
structure plan comprising:

(a) a survey of the planning area which shall include-


(i) the principal and economic charateristics of the area of planning
authority including the principal characteristics of any
neighbouring areas;
(ii) the size, composition and distribution of the population of the
area;
(iii) the communication, transport system and traffic of the area or
neighbouring areas;
(iv) the effect of any changes which may affecr the development of
the area or the planning of such development;
(v) any changes anticipated during the period of the plan; and
(vi) such other matters as maybe prescribed by the Minister.;

(b) a written submission-


(i) stating the policy and general proposals of the planning authority
in respect of the development and other use of the plan in that
area including measures for the management of traffic;
(ii) stating the relationship of the proposals to general proposals for
the development and use of land in neighbouring areas which
affect that area; and
(iii) containing such other matters as amy be prescribed by the
Minister by statutory instrument.; and

(c) such diagrams, illustrations and descriptive matters as the local


authority may consider appropriate to explain or illustrate the proposals
in the plan.
(2) In formulating it's policy and general proposals under sub-paragraph
(i) of paragraph (b) of subsection (1), the planning authority shall ensure
that the policy and proposals are justified by the results of the survey in
paragraph (a) of subsection (1) and that the policy and proposals
include-

(a) current policies with respect to economic planning and development


of the region;

(b) the resources which will be available for carrying out the proposals
of the structure plan; and

(c) such other matters as the Minister may direct.

(3) A planning auhtority shall, in a proposal in respect fo land in its area,


indicate areas in whole or in part which-

(a) it has designated for development, redevelopment or improvement;


and

(b) have been proposed to be designated as a Statutory and Improvement


Area under the Housing (Statutory and Improvement Areas) Act.

(4) A planning authority shall before submitting a structure plan to the


Minister under subsection (1)- Cap. 194

(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;

(c) afford interested persons an opportunity to make representations on


the proposals; and

(d) consider any representations made to it under paragraph (b).

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.

(2) A planning authority that is directed by the director to prepare a local


plan shall-
(a) prepare a survey of planning area; Local plans

(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;

(d) afford interested persons an opportunity to make representations on


the proposals; and

(e) consider any representations made to it under paragraph (c).

(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.

(5) A planning authority shall by resolution adopt a local plan prepared


under this section and submit it to the Director.

(6) The Minister-

(a) shall before approving a structure plan consider any representations


submitted by any person in respect of the structure plan; and

(b) may cause a public inquiry to be conducted by the Tribunal in


respect fo the representations.

(7) The director-

(a) shall before approving a local plan consider any representations


submitted by any person in respect of the local plan; and

(b) may cause a public inquiry to be conducted by the Tribunal in


respect of the representations.

(8) Part shall apply for the purposes of considering representations in


respect of a local plan or structure plan.
(As amended by S.I. No. 65 of 1965 and repealed and replaced by Act
No. 21 of 1997)

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

(a) approve it in whole, or in part with or without modifications; or

(b) reject it.

(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.

(As repealed and replaced by Act No. 21 of 1997)

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

(a) within the period prescribed as may be specified in the direction


from the Minister or Director, as the case may be;

submit to the Minister or Director for approval, proposals for the


alteration of an approved structure plan or local plan.

(2) The planning authority shall furnish to the Minister or Director, as


the case may be, a report comprising such modifications to the structure
plan or local plan as may be necessary.

(As repealed and replaced by Act. No. 21 of 1997)

PART IV

PROCEDURE FOR THE PREPARATION AND


SUBMISSION OF STRUCTURE PLANS OR LOCAL
PLANS AND THEIR MODIFICATION AND
EXTENSION

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

(2) When a structure plan or local plan is submitted to the Minister or


Director, the planning authority shall give public notice that the
structure plan or local plan is open for inspection at such place or places
as shall be notified as aforesaid.

(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.

(4) A copy of any representation in connection with or objection to a


structure plan or local plan shall be lodged with the planning authority
by the person making such representation or objection within the time
specified in the notice under the provision of subsection (3).

(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.

(As amended by Act No. 21 of 1997)

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.

(2) If the Minister or Director decides not to cause a public inquiry to be


held, he shall, before approving the structure plan or local plan, afford to
the planning authority and to any person who has duly made a
representation or objection to the planning authority and who has not
withdrawn such representation or objection, and such other persons as
he may deem fit, an opportunity of appearing before and being heard by
a person appointed by him for that purpose.

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.

(As amended by Act No. 21 of 1997)

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

(2) The provisions of this Part, in so far as they relate to development,


shall apply only-

(a) in areas in respect of which there is an order, made under the


provisions of this Act, to prepare a structure plan or local plan; and

(b) in areas subject to an approved structure plan or local 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.

(3) In this Act, "subdivision", in relation to land, means the division of


any holding of land into two or more parts, whether the subdivision is
effected for purposes of conveyance, transfer, partition, sale, gift, lease,
mortgage or any other purpose, and "subdivide" has a corresponding
meaning.

(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;

(b) the carrying out of works for the rebuilding, maintenance,


improvement or other alteration of any building, being works which
affect only the interior of the building or which do not materially affect
the external appearance of the building;

(c) the construction of roads in an area not subject to a structure plan


or local plan or approved structure plan or local plan, in respect of which
the Director of Roads is the highway authority;
(d) the carrying out by a highway authority of any works required
for the maintenance or improvement of a road, being works carried out
on land within the boundaries of a road or road reserve;

(e) the carrying out by any local authority or any statutory


undertaker of any works for the purpose of constructing, inspecting,
repairing or renewing any sewers, drains, pipes, cables, rails or such
other apparatus as 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;

(h) the erection of temporary buildings required in connection with


any development for which planning consent has been given, for a
period not exceeding twelve months or for such longer period as the
Minister or the planning authority may permit;

(i) the construction and maintenance of roadways, paths, standings


and similar paved areas within a holding, or within any public open
space;

(j) development outside a development plan area in any of the


following, namely, forest reserves protected forest areas and game
reserves, but excluding the siting of buildings within nine hundred and
fifteen metres from the centre line of any road or proposed road;

(k) any other operation which may be prescribed.


(As amended by Act No. 21 of 1997)

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;

(b) in any other case, by the Minister on an application in that behalf


made to him in accordance with the provisions of the order.

(2) Subject to subsection (4), the permission granted by any


development or subdivision order may be granted either unconditionally
or subject to such conditions or limitations as may be specified in such
order.

(3) Without restricting the generality of subsection (2), a development


order that grants permission for any development may-

(a) where permission is thereby granted for the erection, extension


or alteration of any buildings, require the approval of the Minister to be
obtained with respect to the external design, appearance or materials
used;

(b) where permission is thereby granted for development of any


specified class, enable the Minister to direct that the permission shall not
apply either in relation to development in any particular area or in
relation to any particular development.

(4) The Minister may, in any subdivision order in respect of land


situated outside the area of a structure plan or local plan or approved
structure plan or local plan, grant permission-

(a) for residential purposes or purposes ancillary thereto:

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-

(i) the said functions of the Minister shall be delegated to the


appropriate planning authority set out in the First Schedule when any
development or subdivision order is made affecting any of the areas set
out in the First Schedule;

(ii) in respect of 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, the Minister shall, when any
subdivision order is made affecting any area, delegate the said functions
to the Envirnmental Council of Zambia in respect of that area.

(2) Without restricting the generality of subsection (1), the Minister


may make provision in any instrument of delegation for transferring to
any planning authority to whom functions are delegated in accordance
with this section any liability to pay compensation under this Act in
respect of anything done by that planning authority in the exercise of
functions delegated to it as aforesaid:

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.

(As amende by Act No. 21 of 1997)


25. (1) Subject to the provisions of this section, where application is Application for
made to the Minister or planning authority to whom functions have been planning
delegated under section twenty-four for permission to develop or permission
subdivide land, the Minister or planning authority may grant permission
either unconditionally or subject to such conditions as he thinks fit, or
may refuse permission and, in dealing with any such application, the
Minister or said planning authority shall have regard to the provisions of
the structure plan or local planor approved structure plan or local plan, if
any, so far as material thereto, and to any other material considerations:

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.

(2) Without restricting the generality of subsection (1), conditions may


be imposed on the grant of permission to develop or subdivide land
thereunder-

(a) for regulating the development, subdivision or use of any land or


requiring the carrying out of works on any such land, so far as appears to
the Minister or planning authority to be expedient for the purpose of or
in connection with the development or subdivision authorised by the
permission;

(b) for requiring the removal of any buildings or works authorised


by the permission, or the discontinuance of any use of land so
authorised, at the expiration of a specified period, and the carrying out
of any works required for the reinstatement of land at the expiration of
that period.

(3) Provision may be made by a development or subdivision order for


regulating the manner in which applications for permission to develop
or subdivide land are to be made to, and dealt with by the Minister or
planning authority and in particular-

(a) for requiring the planning authority, before granting or refusing


permission for any development or subdivision, to consult with such
authorities or persons as may be specified by the order or by directions
given by the Minister thereunder;

(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;

(c) for requiring the planning authority to furnish to the Minister,


and to such other persons as may be specified by or under the order, such
information as may be so specified with respect to applications for
permission made to it, including information as to the manner in which
any such 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.

(As amended by Act No. 21 of 1997)

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.

(2) Where an application for permission to develop or subdivide land is


referred to the Minister under this section, subsections (1) and (2) of
section twenty-five shall apply, subject to any necessary modifications in
relation to the determination of the application by the Minister as they
apply in relation to the determination of such an application by the
planning authority.

(3) If the Minister, after consultation with a planning authority to whom


functions have been delegated under section twenty-four, considers that
the said planning authority has granted permission to any person to
develop or subdivide land in a manner which is contrary to the
provisions of an approved structure plan or local plan, he may, not later
than two years from the date of the granting of such permission, direct
the said planning authority to cancel such permission and the planning
authority so directed shall comply with the directions so given.

(4) Where any permission is cancelled under the provisions of


subsection (3), the person to whom permission was granted shall be
entitled to claim compensation from the planning authority in respect of
any expenditure incurred by him in carrying out work that is rendered
abortive by the cancellation of such permission and in respect of any
other loss or damage which is directly attributable to the cancellation of
such permission, and the planning authority shall pay compensation to
such person in respect of any such expenditure, loss or damage.

(As amended by Act No. 21 of 1997)

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.

(2) Any such permission as is mentioned in subsection (1) may be


granted so as to take effect from the date on which the buildings or
works were constructed or carried out, or the use was instituted, or from
the expiration of the said period, as the case may be.

(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

(a) demand further information from the applicant; or

(b) demand that public notice inviting objection to the application


within a specified time and in a prescribed form shall be given at the cost
of the applicant; or

(c) approve the application subject to such written conditions as is


deemed fit to impose in accordance with the Third Schedule, and any
person developing the land pursuant to such approval shall comply with
all conditions so imposed; or

(d) approve the application in principle and require a detailed


application to be submitted in terms of subsection (3); or

(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.

(3) Where a detailed application is required under the provisions of this


section, the Minister or planning authority shall notify the applicant of
such matters listed in the Third Schedule which are to be included in the
detailed application.

(4) On receipt of a detailed application, the Minister or planning


authority shall approve the application absolutely or subject to such
modifications, amendments and conditions as he deems fit to impose in
accordance with the Third Schedule, and any person developing the land
pursuant to such approval shall comply with such conditions.

(5) If no detailed application is received within six months of the date


on which notification was given under subsection (3), or within such
further period of time as the Minister or planning authority may agree in
writing prior to the expiration of the said period of six months, the
application shall be deemed to be withdrawn and the approval in
principle granted under subsection (1) shall be deemed to be cancelled.

(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:

Provided that the Minister or the planning authority, on application by


the owner of the land, may extend the said period prior to its expiration
where considered necessary.

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.

(2) Any person, other than an applicant, or any local or township


authority who is dissatisfied with any decision made by the Minister or a
planning authority to whom functions have been delegated under
section twenty-four in connection with an application for permission to
develop or subdivide land, may, within twenty-eight days from the
making of such decision or such longer period as the Tribunal in writing
may agree, and in the manner prescribed, appeal to the Tribunal.

(3) Notwithstanding the provisions of subsection (1) or (2), the Tribunal


shall not be required to entertain an appeal under the said subsection (1)
or (2) in respect of the determination of an application for permission to
develop or subdivide land-

(a) if it appears to the president or the vice-president of the Tribunal


that permission for that development or subdivision could not have been
granted otherwise than subject to the conditions imposed, having regard
to the provisions of section twenty-five and of the appropriate
development order or subdivision order and to any directions given
under such order; or

(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.

(2) The power conferred by this section to revoke or modify permission


to develop or subdivide land may be exercised-

(a) where the permission relates to the carrying out of building or


other operations, at any time before those operations have been
completed;
(b) where the permission relates to a change of the use of any land,
at any time before the change has taken place:

Provided that the revocation or modification of permission for the


carrying out of building or other operations shall not affect so much of
those operations as has been previously carried out.

(3) Where permission to develop or subdivide land is revoked or


modified by an order made under this section, then if, on a claim made
to the Minister or planning authority within six months of the making of
the order, it is shown that any person interested in the land has incurred
expenditure in carrying out work that is rendered abortive by the
revocation or modification, or has otherwise sustained loss or damage
that is directly attributable to the revocation or modification, the
Minister or planning authority shall pay to that person compensation in
respect of that expenditure, loss or damage.

(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.

(5) Where permission for the development of land granted by a


development or subdivision order has been withdrawn, whether by the
revocation or modification of the order or by the issue of directions
under powers in that behalf conferred by the order, then if, on an
application made in that behalf under this Part, permission for that
development is refused or is granted subject to conditions other than
those previously imposed by the development or subdivision order, the
foregoing provisions of this section shall apply as if the permission
granted under this Part by the Minister or planning authority had been
revoked or modified by an order made under this section.

(6) Where the permission that is revoked or modified by an order under


this section is permission for which compensation would be payable
under Part VI in the circumstances therein mentioned, the provisions of
sections thirty-five and thirty-nine shall apply as if for references in
section thirty-five to the refusal of the permission or the imposition of
conditions on the grant thereof were substituted references to the
revocation of permission or the modification thereof by the imposition
of conditions, and subsection (1) of section thirty-five shall have effect
as if for the words "if the permission had been granted or had been
granted unconditionally" there were substituted the words "if the
permission had not been revoked or had not been modified".

(7) Where, by virtue of the provisions of this section, compensation is


payable in respect of expenditure incurred in carrying out any work on
land, then if the President or the local or township authority purchases
any interest in that land, or a claim for compensation is made in respect
of any such interest under section thirty-five, any compensation payable
in respect of the acquisition of that interest or, as the case may be, any
compensation payable in respect of the interest under section thirty-five,
shall be reduced by an amount equal to the value of the works in respect
of which compensation is payable under this section.
(As amended by S.I. No. 65 of 1965 and Act No. 21 of 1997)

31. (1) If it appears to the Minister or planning authority to whom Enforcement of


functions have been delegated under section twenty-four that any planning
development or subdivision of land has been carried out after the control
appointed day without the grant of permission required in that behalf
under this Part, or that any conditions subject to which such permission
was granted in respect of any development or subdivision have not been
complied with, then the Minister or planning authority may, within four
years of such development being carried out, or, in case of
non-compliance with a condition, within four years after the date of the
alleged failure to comply with it, if he considers it expedient so to do
having regard to the provisions of the appropriate structure plan or local
plan or approved structure plan or local plan, if any, and to any other
material considerations, serve on the owner and occupier of the land a
notice (hereinafter called an enforcement notice) under this section.

(2) If it appears to the Minister or planning authority to whom functions


have been delegated under section twenty-four that-

(a) any use of land should be discontinued or that any conditions


should be imposed on the continuance thereof; or
(b) that any buildings or works should be altered or removed;
then the Minister or planning authority may by an enforcement notice
served on the owner and occupier require the discontinuance of that use,
or impose such conditions as may be specified in that notice on the
continuance thereof or require such steps as may be specified to be taken
for the alteration or removal of the building or works, as the case may
be:

Provided that no such enforcement notice shall be served on an owner or


occupier by a planning authority, other than any authority specified in
the First Schedule, unless and until the Minister shall have approved
such enforcement notice.

(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.

(4) Except as otherwise provided in this section, an enforcement notice


shall take effect at the expiration of such period (not being less than
twenty-eight days after the service thereof) as may be specified therein.

(5) When, within the period mentioned in subsection (4), an appeal is


made to the Tribunal under this section by a person on whom the
enforcement notice was served, the operation of the enforcement notice
shall be suspended pending the final determination or withdrawal of the
appeal.

(6) If any person on whom an enforcement notice is served under


subsection (1) is aggrieved by the enforcement notice, he may, at any
time within the period mentioned in subsection (4), appeal against the
enforcement notice to the Tribunal; and on any such appeal the
Tribunal-

(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;

(b) in any other case shall dismiss the appeal.

(7) If any person on whom an enforcement notice is served under


subsection (2) is aggrieved by the enforcement notice, he may, at any
time within the period mentioned in subsection (4), appeal against the
enforcement notice to the Tribunal, and the Tribunal may in respect of
such enforcement notice make any order which it is empowered to make
under the provision of section eleven.

(8) Where the enforcement notice is varied or the appeal is dismissed,


then, subject to paragraph (a) of subsection (6), the Tribunal may, if it
thinks fit, direct that the enforcement notice shall not come into force
until such date (not being later than twenty-eight days from the
determination of the appeal) as the Tribunal thinks fit.

(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.

(As amended by Act No. 21 of 1997)

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.

(2) Where, by virtue of an enforcement notice, any use of land is


required to be discontinued, or any conditions are required to be
complied with in respect of any use of land or in respect of the carrying
out of any operations thereon, then if any person, without the grant of
permission in that behalf under this Part, uses the land or causes or
permits the land to be used, or carries out or causes or permits to be
carried out those operations, in contravention of the enforcement notice,
he shall be guilty of an offence and liable on summary conviction to a
fine not exceeding fifteen thousand penalty units and, in case of a
continuing offence, to a further fine not exceeding one hundred and fifty
penalty units for every day after the first day during which the use is so
continued.
(As amended by No. 13 of 1994)

33. (1) Compliance with an enforcement notice, whether as respects- Repeated


operation of
enforcement
notices

(a) the demolition or alteration of any buildings or works; or

(b) the discontinuance of any use of land; or

(c) any other requirements in the enforcement notice;


shall not discharge the enforcement notice.

(2) Without restricting the generality of subsection (1), where any


development is carried out on land by way of reinstating or restoring
buildings or works that have been demolished or altered in compliance
with an enforcement notice, the enforcement notice shall,
notwithstanding that its terms are not apt for the purpose, be deemed to
apply in relation to the buildings or works as reinstated or restored as it
applied in relation to the buildings or works before they were
demolished or altered and subsections (1) and (2) of section thirty-two
shall apply accordingly.

PART VI

COMPENSATION FOR REFUSAL OR CONDITIONAL


GRANT
OF PLANNING PERMISSION

34. In this Part, "planning decision" means, in the case of an Definition of


application for permission made under Part V, a refusal by the Minister "planning
or planning authority to whom functions have been delegated under decision''
section twenty-four of that permission, or a grant thereof by the Minister
or planning authority subject to conditions, or a notice served under the
provisions of subsection (2) of section thirty-one.

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.

(2) Where an order is made under subsection (2) of section thirty-one


requiring any use of land to be discontinued or imposing conditions on
the continuance thereof, or requiring any buildings or works on land to
be altered or removed, then if, on a claim made to the Minister or the
planning authority, as the case may be, it is shown that any person has
suffered damage in consequence of the order by the depreciation of any
interest in the land to which he is entitled or by being disturbed in his
enjoyment of the land, the Minister or planning authority shall pay to
that person compensation in respect of that damage.

(3) In determining for the purposes of subsection (1) to what extent, if


any, the value of any interest in land is less than it would have been if the
permission therein referred to had been granted or had been granted
unconditionally, it shall be assumed that any subsequent application for
permission in respect of the land would be determined in the same way,
except that if, on the refusal of permission for the development in
respect of which the application is made, the Minister or planning
authority undertakes to grant permission for any other development of
the land in the event of an application being made in that behalf, regard
shall be had to the undertaking in determining the matter aforesaid.

36. (1) Compensation under subsection (1) of section thirty-five shall No


not be payable- compensation
payable in
certain cases

(a) in respect of the refusal of permission for any development that


consists of or includes the making of any material change in the use of
any buildings or land;

(b) in respect of the refusal of permission to develop or subdivide


land if the reason or one of the reasons for the refusal is, and is stated to
be, that development of the kind proposed would be premature by
reference to either or both of the following matters, that is to say:
(i) the order of priority, if any, indicated in the structure plan or
local plan for the area in which the land is situated for development in
that area;
(ii) any existing deficiency in the provision of roads, water supplies,
sewerage or other public services, and the period within which any such
deficiency may reasonably be expected to be made good;

(c) in respect of the refusal of permission to develop and subdivide


land if the reason or one of the reasons stated for the refusal is that the
land is physically unsuitable for the proposed development, or would be
prejudicial to natural resources and public health or dangerous to human
life;

(d) in respect of the imposition, on the granting of permission to


develop and subdivide land, of any condition relating to-
(i) the number or disposition of buildings on any land;
(ii) the dimensions, cost, design, structure or external appearance of
any building, or the materials to be used in its construction;
(iii) the manner in which any land is to be laid out for the purposes of
the development, including the provision of facilities for the parking,
loading or fuelling of vehicles on the land;
(iv) the use of any buildings or land;
(v) the location or design of any means of access to a highway or the
materials to be used in the construction thereof;
(vi) the provision of any roads, surface water drainage, water supply
or sewerage including sewage disposal plant;
(vii) cash or land endowment;
(viii) the transfer of ownership of lands reserved for the President or
the local authority or township authority, as the case may be;

(e) in respect of any planning decision on an application for consent


to the display of advertisements;

(f) in respect of the subdivision of land, any condition stipulated


under subsection (4) of section twenty-three;

(g) in respect of the refusal to subdivide agricultural land for


agricultural purposes where the refusal is on the ground that such
subdivision would be uneconomic or would render the holding
uneconomic for agricultural purposes;

(h) in respect of the granting of permission subject to conditions to


subdivide agricultural land for agricultural purposes.

(2) For the purposes of this section, a planning decision whereby


permission to develop or subdivide land is granted subject to a condition
prohibiting development or subdivision of a specified portion of that
land shall be treated as a decision refusing the permission as respects
that portion of the land only.
(As amended by S.I. No. 65 of 1965 and Act No. 21 of 1997)

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

(2) Where planning permission for development or subdivision to


which this section applies is available with respect to a portion only of
the land, this section shall have effect only in so far as the interest
subsists in that portion.
(3) Where a claim for compensation under this Part is made in respect
of an interest in any land, planning permission for development or
subdivision to which this section applies shall be taken for the purposes
of this section to be available with respect to that land or a portion
thereof if, immediately before the Minister or planning authority gives
notice of the findings in respect of that claim, there is in force with
respect to that land or a portion thereof a grant of, or an undertaking by
the Minister or planning authority to whom functions have been
delegated under section twenty-four to grant, planning permission for
some such development or subdivision subject to no conditions other
than such as are mentioned in paragraph (d) of subsection (1) of section
thirty-six.

(4) This section applies to any development of a residential, commercial


or industrial character, if the development consists wholly or mainly of
the construction of houses, flats, shop or office premises, hotels, garages
and petrol filling stations, cinemas, or industrial buildings (including
warehouses), or any combination thereof.

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

Provided that, where a person elects to claim compensation under this


Act, he shall not be entitled to receive any greater compensation under
this Act than he would have received under the said other Act.

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.

(3) The Minister may, by statutory instrument, make regulations-

(a) prescribing the form in which claims for compensation under


this Part are to be made;

(b) requiring a claimant to provide the Minister or planning


authority with such evidence in support of the claim, and such
information as to the interest of the claimant in the land to which the
claim relates, and as to the interests of other persons therein that are
known to the claimant, as may be prescribed.

(4) Compensation payable under this Part shall in default of


determination by agreement be determined by the High Court in
accordance with such procedure as shall be prescribed.

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.

(2) If the Minister or planning authority fails to effect the acquisition of


such reserved land within such period as may be prescribed, the
Minister, on request being made by the owner of the land, shall order the
deletion of the reservation of such land from the approved structure plan
or local plan and shall substitute a zoning of the predominant use of the
surrounding area, and the approved structure plan or local plan shall be
amended and revised accordingly.

(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-

(a) so great a proportion of his land cannot be permitted to be


developed that the remainder is incapable of reasonable beneficial use;
or

(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

with the agreement of the Minister or planning authority, as the case


may be, dispose of land acquired (whether compulsorily or by
agreement) under this Part to any body or person for development in
accordance with permission granted under Part V.
(As amended by S.I. No. 65 of 1965)

43. (1) In its application to this Act, Lands Acquisition Act, shall be Assessment of valuation
Cap. 189
read as if-

(a) section eleven were deleted;

(b) in the case of acquisition by a local authority-


(i) every reference to the President or the Minister was a reference
to the local authority acquiring the land;
(ii) the reference to the Government in the proviso to subsection (1)
of section fifteen was a reference to the local authority acquiring the
land;
(iii) in section twenty-one, for the words "the President" were
substituted the words "the local authority".

(2) Where land is being compulsorily acquired by a local authority, then


the forms in the Schedule to the Lands Acquisition Act, may be so
varied as to render them applicable to acquisition by such local
authority.
(As amended by S.I. No. 65 of 1965)

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.

(2) A regional plan shall consist of a report of the survey in respect of


the area to which the plan relates and the survey shall be carried out in
such manner as may be prescribed, together with such maps and
descriptive matter as may be necessary to indicate the manner in which
land in the area may be used.
(As amended by G.N. No. 232 of 1964)

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.

(2) A regional planning authority appointed under the provision of


subsection (1) shall, when preparing a regional plan, consult with such
authorities, persons or bodies as the Minister may from time to time
direct.
(3) A regional planning authority shall, when it has prepared a regional
plan, submit such plan in duplicate to the Minister.
(As amended by G.N. No. 232 of 1964)

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:

Provided that a regional plan shall not be approved with modifications


unless and until the Minister has had consultation with the said planning
authorities concerning the modifications which it is proposed to make.
(As amended by G.N. No. 232 of 1964 and Act No. 21 of 1997)

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

(2) The provisions of a regional plan shall bind the Republic.


(As amended by S.I. No. 65 of 1965)

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

thereon to him in such manner as he may direct;

(b) detail the terms of reference of such public inquiry.

(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

authorised in writing by the Minister or by any planning authority shall


have the right to enter upon any land or premises at all reasonable times
with such men, vehicles, materials and instruments and to do all such
acts thereon as are necessary for or incidental to the exercise of the
powers conferred, or the performance of the duties imposed by this Act:
Provided that no person shall have the right to enter upon the said land
until the expiry of a period of twenty-four hours after the serving of
notice on the owner or occupier of the said land.

(2) The exercise of the rights conferred by subsection (1) shall be


subject to any owner or occupier of any land or premises affected being
entitled to compensation for any damage caused by the persons entering
upon the land or premises under the provisions conferred by this section:

Provided that no matter or thing done by any duly authorised person in


the proper execution of his duties in respect of any provision of this
section shall make such person liable to any personal action, liability,
claim or demand whatsoever.

(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

carrying this Act into effect.

(2) In particular and without prejudice to the generality of the


foregoing, such regulations may be made-

(a) prescribing the form of application, grant or refusal to subdivide


or develop land, the information and documents to be submitted and the
publication of any conditions of approval of such application;

(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;

(d) prescribing the form and contents of a planning survey, regional


survey and plan;

(e) prescribing anything which may or is to be prescribed.


(As amended by Act No. 21 of 1997)

54. The provisions of the former Act are hereby repealed: Savings

Provided that any application to subdivide land or establish a township


which had been granted under the former Act, but had not been fully
approved in detail on the appointed day, shall remain subject to the
provisions of the former Act up to the date of the final approval of the
application or, if the applicant so desires, a fresh application may be
made under the provisions of this Act.

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.

(2) The functions of the Town Planning Board and Responsible


Authorities under the provisions of any scheme approved under section
nineteen or twenty-eight of the former Act shall be exercised by the
Minister:

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;

**(ii) the said functions shall be delegated to the appropriate planning


authority set out in the First Schedule when any such scheme affects any
of the areas set out in the First Schedule, and such delegation shall not be
made subject to any conditions, directions or reservations.

* (1) Powers delegated to Lusaka Planning Authority in respect of the


following townships:Avondale Park Private Township (General Notice
No. 2232 of 1965).Barlaston Park Township (General Notice No. 2232
of 1965).Buckley's Township (General Notice No. 2232 of
1965).Handsworth Park Township (Government Notice No. 258 of
1963).Jesmondene Private Township (General Notice No. 2232 of
1965).St Mary's Private Township (General Notice No. 2232 of 1965).
(2) Powers delegated to Southern Planning Authority in respect of the
following townships:Chelston Township (General Notice No. 1282 of
1963).Lilanda Estates Limited Private Township (General Notice No.
1121 of 1963).

** Powers delegated to appropriate City and Municipal Councils by


Government Notice No. 23 of 1963.

(3) For the purposes of this section-


"Responsible Authorities" means Responsible Authorities appointed
under the provisions of section thirty-two of the former Act;
"Town Planning Board" means the Town Planning Board constituted
under the provisions of section seven of the former Act.
(As amended by No. 25 of 1962)
FIRST SCHEDULE
(Sections 5, 24 and 55)

PLANNING AUTHORITIES WITH DELEGATED POWERS AND


RESPONSIBILITIES ON THE APPOINTED DAY

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)

MATTERS FOR WHICH PROVISION MAY BE MADE IN A DEVELOPMENT PLAN

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.

PART II. PUBLIC SERVICES

Facilitating by reservation of land or any other measures the establishment, extension or


improvement of works by local or township authorities or by undertakers, in relation to
power, lighting, water supply, sewerage, sewage disposal, drainage, refuse disposal and
other public services.

PART III. BUILDINGS AND OTHER STRUCTURES

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.

PART IV. USE OF LAND

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.

PART VI. TRANSPORT AND COMMUNICATIONS

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.

PART VII. MISCELLANEOUS

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)

MATTERS WHICH MAY BE INCLUDED IN PERMISSION TO


SUBDIVIDE

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

SECTION 3-THE TOWN AND COUNTRY PLANNING


ACT
(APPLICATION) ORDER

Order by the President

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)

SECTION 3-THE TOWN AND COUNTRY PLANNING


ACT
(APPLICATION) ORDER

Order by the President

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

Starting at point A, the junction of the main Mansa-Kawambwa Road


with a road connecting the Kawambwa-Mushota Road to the main
Mansa-Kawambwa Road the boundary proceeds westwards in a straight
line for a distance of 2,000 metres to point B on a footpath; thence in a
north-westerly direction along this footpath for a distance of 175 metres
to where it meets the road running to the west from Old Messenger's
Compound; thence along this road in a north-easterly direction for a
distance of 60 metres to point C; thence in a north-westerly direction for
a distance of 1,370 metres to point D which is 114 metres north of the
centre line of the road from Kawambwa to Chief Munkanta's Village;
thence north-eastwards for a distance of 380 metres to point E on the
track running north from Kawambwa-Munkanta Road; thence
northwards along this track to an unnamed stream; thence up this stream
to its source and on to the junction of the Kawambwa-Mporokoso Road
with the Kawambwa-Nchelenge Road; thence south-eastwards
following a cut line for a distance of 310 metres to point F; thence
northwards for a distance of 200 metres to point G; thence
south-eastwards along a footpath for a distance of 375 metres to point H;
thence in an easterly direction for a distance of 780 metres to point J;
thence southwards for a distance of 1,140 metres to the north-eastern
corner of the Kawambwa Airfield; thence southwards for a distance of
1,140 metres to the north-eastern corner of the Kawambwa Airfield;
thence for a distance of 125 metres to point K the south-eastern corner of
the aforesaid Airfield; thence following the footpath in a south-westerly
direction for a distance of 150 metres to where it meets the
Kawambwa-Mushota Road; thence south-westwards in a straight line
for a distance of 1,720 metres to point A, the point of starting.
All distances are approximate.
The above described area is in extent 810 hectares approximately.

SAMFYA

Starting at point A, situated at the north-eastern corner of the Forest


Plantation, the boundary proceeds in a westerly direction for a distance
of 1,710 metres to point B, where this line meets the edge of the
Chimana Dambo; thence following the edge of this dambo in a
north-easterly direction for a distance of 3,230 metres to point C, where
the main Samfya-Mansa road crosses the dambo; thence following this
road in a north-westerly direction for a distance of 1,190 metres to point
D; thence on a bearing of 85.5 degrees for a distance of 180 metres to
point E, the junction of a track that runs along the north-western
boundary of the Secondary School with a minor road running to the
north of the main Samfya-Mansa road; thence north-eastwards,
northwards and north-westwards along the centre of the road past the
Secondary School and continuing along this road for a total distance of
3,360 metres to point F; thence eastwards through Lake Chifunauli for a
distance of 3,042 metres to its intersection with the Lake Bangweulu
shoreline; thence southwards along the Lake shoreline for a distance of
6,803 metres to the mouth of the Makula Dambo adjacent to the Samfya
Harbour entrance; thence along the northern edge of this dambo to a
point and then leaving the edge of the dambo westwards across the road
on to point G, on the south-eastern boundary of the Forest Plantation for
a total distance of 3,130 metres; thence following the plantation
boundary northwards for a distance of 2,100 metres to point A, the point
of starting.
All bearings and distances are approximate.
The above described area is in extent 670 hectares approximately.

ZAMBEZI

Starting from point A, at the centre line of the intersection of the


Zambezi-Chavuma Road and Chilenga Stream, the boundary proceeds
upstream along its centre line, for a distance of 550 metres to point B,
where the footpath from the Chilenga Primary School crosses the
Chilenga Stream; thence on a straight line on a bearing of 125 degrees
for a distance of 3,300 metres to the intersection of the Lishipa Village
track with the main track leading towards the sand and gravel pits,
south-west of Lishipa Village; thence along the latter track for a distance
of 280 metres to point C; where the minor track crosses the Luampungu
Stream; thence following the stream centre line downstream for a
distance of 1,200 metres to point D, where the Old Kabompo Road
crosses the stream; thence along the centre line of the road in an easterly
direction for a distance of 40 metres to point E; thence following the
track on a bearing of 185 degrees for a distance of 785 metres to the
main Zambezi-Kabompo Road at point F; thence on a bearing of 208
degrees for a distance of 1,900 metres to point G on the
Zambezi-Chitokoloki Road, 840 metres south-east of the low cost
housing area attached to the Secondary School; thence on a bearing of
268 degrees for a distance of 980 metres touching the northern edge of
permanent water on Lake Musekelembwa to point H, on a track from
Secondary School to the small pier on the Zambezi River; thence
following this track for a distance of 680 metres to point I which is
adjacent to the pier; thence in a straight line across the Zambezi River on
a bearing of 203 degrees for a distance of 230 metres to point J; thence
up the Zambezi River along the western bank for a distance of 780
metres to point K, the confluence of Mwalya Stream with the Zambezi
River; thence the boundary follows the eastern bank of Mwalya Stream
to where it meets Lake Mwalya; thence following the eastern edge of
that lake's permanent water to point L, at the estuary of an unnamed
stream for a total distance of 2,580 metres; thence in a straight line on a
bearing of 355 degrees for a distance of 1,000 metres to the Old
Zambezi/Chinyama Litapi causeway at point M, being the beacon
marking the most westerly point of the former Boma Boundary; thence
along the old causeway for a distance of 780 metres to point N, being the
former pontoon mooring (now crossing point); thence across the
Zambezi on a bearing of 40 degrees for a distance of 320 metres to the
old pontoon mooring on the eastern bank at point O; thence along the
more northerly track on a bearing of 60 degrees for a distance of 100
metres to point P, whereat the track meets the boundary between the
flats/dambo area and the permanently well drained land; thence in a
northerly direction along the boundary between the flats and the
permanently well drained ground for a distance of 1,550 metres to the
centre line of the new Chinyama Litapi track at point Q; thence
following the centre line of the track eastwards for a distance of 120
metres to point R being the intersection with the centre line of the
Zambezi-Chavuma Road; thence along this road on a bearing of 335
degrees for a distance of 730 metres to point A, the point of starting.
All bearings are from true north and all distances are approximate.
The above described area, in extent 1,500 hectares approximately, is
shown bordered green on Plan No. T2/2, deposited in the office of the
Surveyor-General, signed by him and dated the 7th July, 1976.
(S.I. no. 45 of 1978)

SECTION 3-THE TOWN AND COUNTRY PLANNING


ACT
(APPLICATION) ORDER

Order by the President

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

in section two of the Lands Act.


SCHEDULE
(Paragraph 2)

AREA IN KAPUTA RURAL DISTRICT TO WHICH THIS ACT


APPLIES

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

Order by the President

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

Starting at the point where the international boundary between Zambia


and Zimbabwe crosses the Kariba Dam, the boundary proceeds in the
southwesterly direction along the international boundary for a distance
of approximately 4 450 metres to point A; thence on a bearing of 270
degrees for a distance of approximately 7 300 metres to point B; thence
on a bearing of 0 degrees for a distance of approximately 4 900 metres to
point C; thence on a bearing of 90 degrees for a distance of
approximately 3 850 metres to point D; thence south-eastwards along a
track leading to Sianzala Village for approximately 1 750 metres to
point E; thence southwards, south of the Sianzala Village, eastwards and
north-eastwards along the top of the hills for approximately 4 000
metres to point F; thence southwards for approximately 100 metres to
the source of the Nansimba River; thence down the Nansimba River to
its confluence with the Zambezi River and then in a straight line to the
international boundary between Zambia and Zimbabwe; thence up the
Zambezi River and following the said international boundary to Kariba
Dam, the point of starting.
All bearings and distances are approximate. Bearings are taken from
Grid North.
The above described area in extent 2 340 hectares approximately is
shown bordered green on Plan No. T60\3, deposited in the office of the
Surveyor-General, signed by him and dated 26th October, 1981.
(S.I. no 137 of 1981)

SECTION 3-THE TOWN AND COUNTRY PLANNING


ACT
(APPLICATION) ORDER

Order by the President

1. This Order may be cited as the Town and Country Planning Act Title

(Application) Order, 1982.

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)

SECTION 3-THE TOWN AND COUNTRY PLANNING


ACT (APPLICATION)
ORDER, 1983

Order by the President

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

Starting at the intersection of Roads M10 and RD321, the boundary


proceeds on a bearing of 280 degrees for a distance of 380 metres;
thence on a bearing of 350 degrees for a distance of 400 metres; thence
on a bearing of 4 degrees for a distance of 5,300 metres; thence on a
bearing of 15 degrees for a distance of 750 metres; thence on a bearing
of 328 degrees for a distance of 400 metres; thence on a bearing of 312
degrees for a distance of 570 metres; thence on a bearing of 317 degrees
for a distance of 200 metres; thence on a bearing of 322 degrees for a
distance of 360 metres; thence on a bearing of 353 degrees for a distance
of 80 metres; thence on a bearing of 75 degrees for a distance of 960
metres; thence on a bearing of 8 degrees for a distance of 1,430 metres,
along the Mongu/Senanga Road, thence on a bearing of 90 degrees for a
distance of 3,400 metres; thence on a bearing of 180 degrees for a
distance of 2 370 metres; thence on a bearing of 270 degrees for a
distance of 730 metres; thence on a bearing of 217 degrees for a distance
of 2 950 metres; thence on a bearing of 273 degrees for a distance of 630
metres; thence on a bearing of 280 degrees for a distance of 150 metres
to the intersection of Roads M10 and RD321, the point of starting.
All distances and bearings are approximate, and all bearings are from
true North.
The above described area in extent 1,350 hectares approximately is
shown bordered green on Plan No. T67/1 deposited in the office of the
Surveyor-General, signed by him and dated 6th July, 1983.

SECTION 3-THE TOWN AND COUNTRY PLANNING


ACT
(APPLICATION) ORDER

Order by the President

1. This Order may be cited as the Town and Country Planning Act Title

(Application) Order, 1984.

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

Starting at Beacon A at the intersection of Road D316 and D319, the


boundary proceeds on bearing of 353 degrees for a distance of 450
metres to Beacon B; thence on a bearing of 36 degrees for a distance of
250 metres to Beacon C; thence on a bearing of 60 degrees for a distance
of 180 metres to Beacon D; thence on a bearing of 113 degrees for a
distance of 500 metres to Beacon E; thence on a bearing of 46 degrees
for a distance of 150 metres to Beacon F; thence on a bearing of 69
degrees for a distance of 150 metres to Beacon G; thence on a bearing of
111 degrees for a distance of 120 metres to Beacon H; thence on a
bearing of 130 degrees for a distance of 380 metres to Beacon J; thence
on a bearing of 80 degrees for a distance of 170 metres to Beacon K;
thence on a bearing of 45 degrees for a distance of 440 metres to Beacon
L; on the Luanginga River; thence along the right bank of the Luanginga
River for 6 000 metres to its confluence with an unnamed tributary;
thence up this tributary to Beacon M at its source; thence on a bearing of
265 degrees for a distance of 1 950 metres to Beacon N on the western
edge of the Kalabo-Kalongola Pontoon Road D319; thence along this
road for 1 259 metres to Beacon P; thence on a bearing of 266 degrees
for a distance of 330 metres to Beacon Q; thence on a bearing of 356
degrees for a distance of 500 metres to Beacon R; thence on a bearing of
86 degrees for a distance of 330 metres to Beacon S on Road D319;
thence along this road for a distance of 340 metres to Beacon A, the
point of starting.
All distances are approximate, and all bearings are from true north.
The above described area in extent 1 085 hectares approximately is
shown bordered green on Plan No. T21/1 deposited in the Office of the
Surveyor-General, signed by him and dated 6th July, 1983.
(S.I. no 73 of 1984)

SECTION 3-THE TOWN AND COUNTRY PLANNING


ACT (APPLICATION)
(NO.2) ORDER

Order by the President

1. This Order may be cited as the Town and Country Planning Act Title

(Application) (No. 2) 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)
LUKULU

Starting at Beacon F, the north-eastern corner beacon of the airfield, the


boundary proceeds on a bearing of 161 degrees for a distance of 190
metres to Beacon G; thence on a bearing of 184 degrees for a distance of
2 350 metres to Beacon H; thence on a bearing of 125 degrees for a
distance of 190 metres to Beacon L6 passing through Beacon L5; thence
in a southerly direction on a bearing of 149 degrees for a distance of 370
metres to Beacon L7; thence westwards on a bearing of 243 degrees for
a distance of 420 metres to Beacon L8; thence on a bearing of 274
degrees for a distance of 370 metres to Beacon L9; thence on a bearing
of 306 degrees for a distance of 450 metres to Beacon L10; thence on a
bearing of 239 degrees for a distance of 340 metres to Beacon L11;
thence on a bearing of 299 degrees for a distance of 730 metres to
Beacon L12; thence on a bearing of 249 degrees for a distance of 940
metres passing through Beacon L13 to Beacon A on the eastern bank of
the Zambezi River; thence on a bearing of 354 degrees for a distance of
3 170 metres to Beacon B on the north extremity of Sancta Maria
Mission; thence eastwards on a bearing of 96 degrees for a distance of
620 metres to Beacon C; thence northwards on a bearing of 13 degrees
for a distance of 180 metres to Beacon D, the western boundary of the
leprosarium; thence eastwards on a bearing of 108 degrees following the
northerly boundary of the leprosarium for a distance of 820 metres to
Beacon E, on the northern boundary of the airfield; thence on a bearing
of 67 degrees for a distance of 1 050 metres along the northern boundary
of the said field to Beacon F, the point of starting.
All distances are approximate, and all bearings are from true north.
The above described area in extent 726 hectares approximately is shown
bordered green on Plan No. T148, deposited in the office of the
Surveyor-General, signed by him and dated 5th April, 1974.
(S.I. no 74 of 1984)

SECTION 3-THE TOWN AND COUNTRY PLANNING


ACT
(APPLICATION) (NO. 4) ORDER

Order by the President

1. This Order may be cited as the Town and Country Planning Act Title

(Application) (No. 4) Order, 1984.

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

Starting at Beacon A on the Nchelenge/Munungo Road, about 130


metres north of the hospital, the boundary proceeds eastwards for a
distance of about 1 005 metres to Beacon B; thence southwards for a
distance of about 5 500 metres to Beacon C; thence westwards for a
distance of about 1 600 metres to Beacon D; about 1 000 metres south of
Nchelenge Boma on the Nchelenge/Mwense Road; thence westwards
along a footpath for a distance of about 550 metres to Beacon E on the
shore of Lake Mweru; thence northwards following the shore line for a
distance of about 7 900 metres to Beacon F north of the hospital; thence
south eastwards for a distance of about 460 metres to Beacon A, the
point of starting. All distances are approximate.
The above described area, in extent 1 600 hectares approximately, is
shown bordered green on Plan No. T150 deposited in the Office of the
Surveyor-General, signed by him and dated 1st October, 1976.
(S.I. No 153 of 1984)

SECTION 3-THE TOWN AND COUNTRY PLANNING


ACT
(APPLICATION) (NO. 3) ORDER

Order by the President

1. This Order may be cited as the Town and Country Planning Act Title

(Application) (No. 3) 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)

MWENSE

Starting at the confluence of Mwense Stream and the Nsakaluba Stream


the boundary follows eastwards along the western edge of Nsakaluba
Stream for a distance of 2 700 metres to Beacon A; thence southwards
for a distance of 2 100 metres to Beacon B on the Mwense River; thence
downwards along the western edge of Mwense River for a distance of 2
500 metres to the confluence of Mwense Stream and Nsakaluba Stream,
the point of starting. All distances are approximate.
The above described area, in extent 400 hectares approximately, is
shown bordered green on Plan No. T154 deposited in the office of the
Surveyor-General, signed by him and dated 4th July, 1984.
(S.I. No 152 of 1984)

SECTION 3-THE TOWN AND COUNTRY PLANNING


ACT
(APPLICATION) ORDER

Order by the President

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)

SECTION 3-THE TOWN AND COUNTRY PLANNING


ACT
(APPLICATION) ORDER

Order by the President

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)

SECTION 3-THE TOWN AND COUNTRY PLANNING


ACT
(APPLICATION) (NO. 2) ORDER

Order by the President

1. This Order may be cited as the Town and Country Planning Act Title

(Application) (No. 2) 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)

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN) (MPIKA)
ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Mpika) Order.

2. 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.
MPI/84.

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN) (CHOMA)
ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Choma) Order.


2. The Southern Planning Authority is hereby ordered to prepare a Order to prepare
Development Plan
Development Plan for the area within the blue border on Plan No.
CHO/221.

3. A copy of Plan No. CHO/221 may be inspected at the office of the


Southern Planning Authority, Government Road, Lusaka, or at the
office of the Choma Township Council, during normal working hours
until the 30th 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 30th
April, 1976.
(S.I. no 73 of 1976)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN) (KAPIRI
MPOSHI)
ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Kapiri Mposhi) Order.

2. The Southern 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.
KAP/81.

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)

SECTION 18-THE TOWN AND COUNTRY PLANNING


(LUSAKA DEVELOPMENT PLAN) (REVOCATION)
ORDER
Order by the Minister

1. This Order may be cited as the Town and Country Planning (Lusaka Title

Development Plan) (Revocation) Order.

2. Following upon the submission of a proposal by the Lusaka Revocation of Lusaka


Development Plan
Planning Authority in terms of subsection (2) of section eighteen of the
Town and Country Planning Act, it has been decided to revoke the
Lusaka Development Plan as approved by Government Notice No. 289
of 1958 and Government Notice No. 8 of 1959 and the said Lusaka
Development Plan together with the said Government Notices shall
stand revoked on the expiry of forty-five days after the publication of
this order.

(S.I. no. 80 of 1976)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN)
(LUSAKA) ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Lusaka) Order.

2. The Lusaka 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.
LUS/357.

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.

4. The Government Notices and the Statutory Instrument specified in Revocation

the Schedule are hereby revoked.


SCHEDULE
Government Notice No. 306 of 1951
Government Notice No. 301 of 1952
Government Notice No. 115 of 1956
Government Notice No. 274 of 1963
Government Notice No. 45 of 1964
Statutory Instrument No. 299 of 1965
(S.I. no 81 of 1976)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN)
(MWOMBEZHI) NOTICE

Order by the Minister

1. This Notice may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Mwombezhi) Notice.

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.

(2) Any interested person who objects to the preparation of the


development plan may, within the period of twenty-one days following
the publication of this Notice in the Gazette, send his objection in
writing to the Minister, Ministry of Local Government and Housing,
P.O. Box RW27, Lusaka.
(S.I. no 141 of 1976)
SECTION 15-THE TOWN AND COUNTRY PLANNING
(PREPARATION OF DEVELOPMENT PLAN)
(MAZABUKA) ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Mazabuka) Order.

2. The Southern Planning Authority is hereby ordered to prepare a Order to prepare


Development Plan
Development Plan for the area within the blue border on Plan No.
MAZ/94.

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN) (KAFUE)
ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Kafue) Order, 1977.

2. The Southern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the blue border on Plan No.
KAF/116.

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN) (MANSA)
ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Mansa) Order.

2. The Northern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the green border on Plan No.
T17/3.

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN)
(LUANSHYA) ORDER

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Luanshya) Order.

2. The Luanshya Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the green border on Plan No.
T82/7.

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)

SECTION 18-THE TOWN AND COUNTRY PLANNING


(LUANSHYA DEVELOPMENT PLAN) (REVOCATION)
ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Luanshya Development Plan) (Revocation) Order.

2. Following upon the submission of a proposal by the Luanshya Revocation of Luanshya


Development Plan
Planning Authority in terms of subsection (2) of section eighteen of the
Town and Country Planning Act, it has been decided to revoke the
Luanshya Development Plan as approved by Government Notice No.
187 of 1961 and the said Luanshya Development Plan together with the
said Government Notice shall stand revoked on the expiry of forty-five
days after the publication of this Order.

(S.I. no 145 of 1977)

SECTION 24-THE TOWN AND COUNTRY PLANNING


(DELEGATION
OF FUNCTIONS) (NORTHERN PLANNING
AUTHORITY) ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Delegation of Functions) (Northern Planning Authority) Order.

2. The functions of the Minister under subsections (1) and (2) of Delegation of functions

section twenty-five of the Act relating to the grant or refusal of


permission to develop or subdivide land in respect of the areas of the
Kalulushi Township and the Chiliabombwe Township are hereby
delegated to the Northern Planning Authority.
(S.I. no 175 of 1977)
SECTION 15-THE TOWN AND COUNTRY PLANNING
(PREPARATION
OF DEVELOPMENT PLAN) (CHILILABOMBWE)
ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Chililabombwe) Order.

2. The Northern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the green border on Plan No. C.1.

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION
OF DEVELOPMENT PLAN) (CHINGOLA) ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Chingola) Order.

2. The Chingola Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the green border on Plan No. C.17.

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.

4. The Government Notices specified in the Schedule are hereby Revocation

revoked.
(S.I. No. 201 of 1977)

SCHEDULE
(Paragraph 4)
Government Notice No. 351 of 1959
Government Notice No. 377 of 1963

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN) (NDOLA)
ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Ndola) Order.

2. The Ndola Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the green border on Plan No.
T122/7.

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)

SECTION 18-THE TOWN AND COUNTRY PLANNING


(CHINGOLA DEVELOPMENT PLAN) (REVOCATION)
ORDER

Order by the Minister


1. This Order may be cited as the Town and Country Planning Title

(Chingola Development Plan) (Revocation) Order.

2. Following upon the submission of a proposal by the Chingola Revocation of Chingola


Development Plan
Planning Authority in terms of subsection (2) of section eighteen of the
Town and Country Planning Act, it has been decided to revoke the
Chingola Development Plan as approved by Government Notice No.
351 of 1959 and the said Chingola Development Plan together with the
said Government Notice shall stand revoked on the expiry of forty-five
days after the publication of this Order.

(S.I. no 80 of 1978)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN)
(SAMFYA) ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Samfya) Order, 1978.

2. The Northern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the blue border on Plan No.
SAM/54.

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN)
(ZAMBEZI) ORDER

Order by the Minister


1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Zambezi) Order.

2. The Northern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area bordered blue on Plan No. ZAM/172.

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN)
(KAWAMBWA) ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Kawambwa) Order.

2. The Northern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the blue border on Plan No.
KAW/87.

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)

SECTION 18-THE TOWN AND COUNTRY PLANNING


(MUFULIRA DEVELOPMENT PLAN) (REVOCATION)
ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Mufulira Development Plan) (Revocation) Order.

2. Following upon the submission of a proposal by the Mufulira Revocation of Mufulira


Development Plan
Planning Authority in terms of subsection (2) of section eighteen of the
Town and Country Planning Act, it has been decided to revoke the
Mufulira Development Plan as approved by Government Notice No.
174 of 1961 and the said Mufulira Development Plan together with the
said Government Notice shall stand revoked on the expiry of forty-five
days after the publication of this Order.

(S.I. no 136 of 1978)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN)
(MUFULIRA) ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Mufulira) Order.

2. The Mufulira Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the green border on Plan No.
T.77/11.

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

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Kasempa) Order.

2. The Northern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the blue border on Plan No.
KASE/85.

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF
DEVELOPMENT PLAN) (MPULUNGU) ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Mpulungu) Order.

2. The Northern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the red border on Plan No.
MPU/66A.

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN)
(ZAMBIA/TANZANIA RAILWAY CORRIDOR)
NOTICE

Notice by the Minister

1. This Notice may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Zambia\Tanzania Railway


Corridor) Notice.

2. The Northern Planning Authority is hereby ordered to prepare Order to prepare


development plans
development plans for the areas within the borders on Plans specified in
column 2 of the Schedule hereto.

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

Area Plan No.


(1) (2)
29. Milunga TAZ/N/6
30. Sabwa TAZ/N/6
31. Mwenda TAZ/N/6
32. Chilonga TAZ/N/7
33. Lusu River TAZ/N/7
34. Kapoko TAZ/N/7
35. Mikaeli TAZ/N/7
36. Kalonje TAZ/N/7
37. Salomo TAZ/N/7
38. Lubanshi TAZ/N/8
39. Mununga TAZ/N/8
40. Finkuli TAZ/N/8
41. Lubunga TAZ/N/3
49. Lukulu TAZ/8/8
(S.I. no 179 of 1979)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN)
(ZAMBIA\TANZANIA RAILWAY CORRIDOR) (NO.
2) NOTICE

Notice by the Minister

1. This Notice may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Zambia/Tanzania Railway


Corridor) (No. 2) Notice.
2. The Southern Planning Authority is hereby ordered to prepare Order to prepare
development plans
development plans for the areas within the borders on Plans specified in
column 2 of the Schedule hereto.

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

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN)
(MUMBWA) NOTICE

Notice by the Minister

1. This Notice may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Mumbwa) Notice.

2. The Southern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the blue border on Plan No.
MUM/13A.
3. A copy of Plan No. MUM/13A 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 Mumbwa Rural Council, 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 18 of 1981)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN)
(SIAVONGA) NOTICE

1. This Notice may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Siavonga) Notice.

2. The Southern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the red border on Plan No.
SIA/119.

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.

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN) (MONGU)
NOTICE

Notice by the Minister

1. This Notice may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Mongu) Notice.

2. The Southern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the red border on Plan No.
MONG/146.

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN)
(SENANGA) NOTICE

Notice by the Minister

1. This Notice may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Senanga) Notice.

2. The Southern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the blue border on Plan No.
SENA/31.

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


ACT
(PREPARATION OF DEVELOPMENT PLAN)
(MWENSE) NOTICE.

Notice by the Minister


1. This Notice may be cited as the Town and Country Planning Act Title

(Preparation of Development Plan) (Mwense) Notice.

2. The Northern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the green border on Plan No.
TPN/MWE/F13.

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN)
(NCHELENGE) KASHIKISHIKI) NOTICE

Notice by the Minister

1. This Notice may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Nchelenge) Notice.

2. The Northern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the green border on Plan No.
NCHE/10.

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)

SECTION 15-THE TOWN AND COUNTRY PLANNING


(PREPARATION OF DEVELOPMENT PLAN) (KAOMA)
ORDER

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Preparation of Development Plan) (Kaoma) Order.

2. The Southern Planning Authority is hereby ordered to prepare a Order to prepare


development plan
development plan for the area within the green border on Plan No. T.
38/1.

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)

SECTIONS 5-THE TOWN AND COUNTRY PLANNING


(APPOINTMENT OF PLANNING AUTHORITIES)
REGULATIONS

Regulations by the Minister

1. These Regulations may be cited as the Town and Country Planning Title

(Appointment of Planning Authorities) Regulations.

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

Regulations by the Minister

1. These Regulations may be cited as the Town and Country Planning Title

(Planning Authority Procedure) Regulations.


2. These Regulations shall apply to all planning authorities appointed Application

under the provisions of subsection (2) of section five of the Act.

3. In these Regulations, unless the context otherwise requires- Interpretation

"appointed person" means the chairman, members and alternate


members of the authority;

"authority" means a planning authority appointed under the provisions


of subsection (2) of section five of the Act;

"chairman" means the person appointed to be chairman of the planning


authority, and shall include the appointed person elected to preside at a
meeting in his absence;

"executive officer" means the executive officer and secretary of an


authority.

4. (1) An authority shall meet as often as occasion may require but at Meetings

intervals of not more than three months.

(2) The chairman shall convene a meeting of an authority on request by


the Minister or person authorised to act on his behalf.

5. Three appointed persons shall form a quorum of a meeting of an Quorum

authority:

Provided that, in the case of the Copperbelt Planning Authority, four


appointed persons shall be required to form a quorum.
(As amended by S.I. no 29 of 1991)

6. The chairman shall preside at all meetings of an authority. In the Chairman

absence of the chairman from a meeting at any time, the appointed


persons present at that meeting shall elect one of their number to preside
thereat.
7. (1) All matters coming or arising before a meeting of an authority Voting

shall be decided by a majority of the appointed persons present and


voting at the meeting.

(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.

9. An authority may at any time resolve into committee, whereupon Committee

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

on the matter by specific invitation of the other appointed persons.

(2) Any appointed person having such an interest as aforesaid shall


declare the same to the authority as soon as the discussion starts and
shall thereupon retire and remain absent from the meeting while the
matter is under discussion unless he is invited to provide information.

(3) Any invitation to give information or any declaration of interest and


retirement shall be recorded in the minutes.

(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

officer or any other person authorised so to do to undertake matters on


its behalf.

12. Minutes of the proceedings of every meeting of an authority shall Minutes of meetings

be regularly entered in a book to be kept for that purpose and shall be


signed by the chairman at the subsequent meeting.

13. Every notice, plan or other document requiring authentication by Authentication of


documents
an authority shall be sufficiently authenticated if signed by the person
authorised so to do by a resolution of that authority.

14. Copies of all agendas and minutes of an authority shall be Minutes

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

Regulations by the Minister

1. These Regulations may be cited as the Town and Country Planning Title

(Fees and Allowances) Regulations.

2. In these Regulations, unless the context otherwise requires- Fees

"adviser" means a person appointed by the president of the Tribunal,


with the consent of the Minister, to advise the Tribunal on matters
involving professional or special considerations.

3. (1) Any member of the Tribunal who is a Chartered Planner of the Interpretation

Town Planning Institute of the United Kingdom or who holds a similar


qualification which has been approved by the Minister shall, for each
hour when he is engaged in discharging his duties as a member of the
Tribunal, receive a fee of 1 fee unit subject to a maximum fee of 47 fee
units respect of any one day. The president, the vice-president and any
other member of the Tribunal shall, in respect of any period when they
are discharging their duties as members of the Tribunal, be entitled to
such fees as are in accordance with the amounts laid down from time to
time by Government direction.
(2) Any adviser shall, for each hour when he is engaged in so advising,
receive a fee of 1 fee unit subject to a maximum in any one day of 47 fee
units.
(As amended by No. 65 of 1965 and Act No. 13 of 1993)

4. The president, the vice-president, members of the Tribunal and any Allowances

adviser shall be paid such sum in respect of expenses incurred by them


in travelling and subsistence when discharging their duties as is in
accordance with the amounts laid down from time to time by
Government direction.

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.

THE TOWN AND COUNTRY PLANNING (APPEALS)


REGULATIONS

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

Regulations by the Minister

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

under the provisions of sections eleven, twenty-nine and thirty-one of


the Act.

3. In these Regulations, unless the context otherwise requires- Interpretation

"appellant" means any applicant or person or any local or township


authority who appeals to the Tribunal;

"interested party" means the appellant, respondent or any objector;

"objector" means any person, other than an appellant or a respondent,


who wishes to exercise his right to be heard in any appeal under the
provisions of section eleven (1) (a) of the Act;

"president" means the president of the Tribunal appointed under the


provisions of section seven (1) of the Act;

"respondent" means the Minister or planning authority against whose


decision, enforcement notice or order an appeal is made to the Tribunal;
"secretary" means the secretary to the Tribunal appointed under the
provisions of section seven (5) of the Act;

"vice-president" means the vice-president of the Tribunal appointed


under the provisions of section eight (1) of the Act.

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

twenty-nine of the Act and it appears to the president or the


vice-president that permission for the development or subdivision could
not have been granted otherwise than subject to the conditions imposed
having regard to the provisions of section twenty-five of the Act and of
the appropriate development order and to any directions given under
that order, he shall by notice served on the appellant and respondent give
the reasons for his decision.

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

shall contain, in addition to the residential or business and postal address


of the objector at which notices may be served, a statement (hereinafter
called the "objector's case") setting forth the grounds of the objector for
wishing to be heard and all the facts which he considers material and
relevant thereto and his contentions in law based thereon.

(2) Upon serving notice of intention to be heard on the secretary, the


objector shall forthwith serve a copy of such notice upon the appellant
and upon the respondent.

8. (1) Within fourteen days from the date of receipt of the copy of the Respondent's case

appellant's case, or such longer period as the president or the


vice-president in writing may agree, the respondent shall lodge with the
secretary a statement in writing (hereinafter called the "respondent's
case") in quadruplicate setting forth-

(a) the reasons for the decision appealed against;

(b) which of the allegations in the appellant's case he admits as


correct and which he denies;

(c) all other facts which he considers relevant and material to the
determination of the appeal; and

(d) his contentions in law.

(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.

(2) If the president or the vice-president considers that such request is


reasonable, the appeal may be determined on such notice of appeal, the
appellant's case, the respondent's case and the objector's case or the
Tribunal may, before determining the matter under appeal, require any
interested party to submit within a time to be specified by the Tribunal
any further information it may consider necessary.

(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

apply, mutatis mutandis, to the hearing of any appeal to the Tribunal.

(3) Where an appellant or an objector is not legally represented and the


Tribunal considers that he is unable to do his case justice, it shall assist
him to represent adequately his case by asking questions of any of the
interested parties or by asking any witnesses such questions as it may
deem necessary.

(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

appeal or application, it shall have full power to do so upon such terms


and for such time as seems fit.

14. The determination of every appeal shall be pronounced either Determination of appeal

immediately after the termination of the hearing or as soon as is


reasonably practicable thereafter at some subsequent date.

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

within which to appeal, shall be made to the Tribunal by notice and,


upon serving such notice upon the Tribunal, the applicant shall serve a
copy of such notice upon the respondent.

(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.

*Where necessary insert the Natural Resources Board.


PART II

(Regulation 9)
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 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.

*Where necessary insert the Natural Resources Board.


Government
SECTION 15-PREPARATION OF DEVELOPMENT Notices
PLANS 274 of 1963
45 of 1964

Orders by the Minister

The City of Lusaka Planning Authority is hereby ordered to prepare a


development plan in respect of each of the following areas:
(a) City of Lusaka Development Plan No. 2. The area at Chunga
within the boundary shown on Plan No. TP.140/32.
(b) City of Lusaka Development Plan No. 3. The area east of and
including the Kafue Road and within the boundary shown on Plan No.
TP.140/33.

(c) Lusaka Development Plan No. 4. The two areas at Handsworth


Park within the boundaries shown on Plan No. TP.140338.

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 Southern Planning Authority is hereby ordered to prepare a Statutory Instrument


69 of 1965
development plan for Chelston and any extension thereof.

The Southern Planning Authority is hereby ordered to prepare a Government Notice


175 of 1964
development plan in respect of Kabulonga.

The Southern Planning Authority is hereby ordered to prepare a Statutory Instrument


120 of 1972
development plan for the area within the border edged blue on Plan No.
JAM/134.

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.

The Copperbelt Planning Authority is hereby ordered to prepare a Government Notices


296 of 1962
development plan in respect of the Copperbelt Province but excluding 322 of 1963
Statutory Instrument
all Trust Land and Reserves and all mine townships therein and 65 of 1965

excluding the City of Kitwe, the City of Ndola, Chingola Municipality,


Luanshya Municipality and Mulfulira Municipality, and the said
development plan shall be submitted for approval within a period of
three years from the 14th December, 1962:

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 Chingola Planning Authority is hereby ordered to prepare a Government Notice


377 of 1963
development plan in respect of the following area:

Chingola Development Plan No. 2.

The area within the boundary shown on Plan No. TP/INT/1963.

The Livingstone Planning Authority is hereby ordered to prepare a Statutory Instrument


256 of 1972
development plan for the area within the border edged blue on Plan No.
LIV/177.

The Luanshya Planning Authority is hereby ordered to prepare a Government Notice


107 of 1964
development plan in respect of the following area:

Luanshya Development Plan No. 3


The area within the boundary shown edged blue on Plan No.
W/LUA/C/4.

The Mufulira Planning Authority is hereby ordered to prepare a Government Notice


207 of 1963
development plan in respect of the following area:

Mufulira Development Plan No. 2.

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.

The Western Planning Authority is hereby ordered to prepare Government Notice


106 of 1964
development plans in respect of all townships in the Copperbelt
Province for which a township council has been appointed under section
seven of the Local Government Act and any extensions of such
townships.

The Northern Planning Authority is hereby ordered to prepare a Cap. 480

development plan in respect of each of the following:


*(a) Samfya
*(b) Kabompo.

*A description of the area of these former townships is contained in the


Declaration of Townships made under section 3 of the Townships Act,
Chapter 120 of the 1963 Edition of the Laws.

SECTION 23-THE TOWN AND COUNTRY PLANNING


Government
DEVELOPMENT ORDER Notices
Order by the Minister 348 of 1962
98 of 1964
Statutory
Instruments
65 of 1965
337 of 1969

1. This Order may be cited as the Town and Country Planning Title

Development Order.

2. This Order shall apply to all land- Application


(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 of 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.

3. In this Order, unless the context otherwise requires- Interpretation

"planning authority" means a planning authority to which functions


have been delegated under the provisions of section twenty-four of the
Act.
(As amended by No. 65 of 1965)

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

specified in the Schedule is permitted by this Order and may be


undertaken upon land to which this Order applies without the
permission of the Minister or planning authority, as the case may be:

Provided that the permission granted by this Order in respect of any


such class of development shall be subject to any condition or limitation
imposed in the Schedule in relation to that class.

(2) Nothing in this paragraph or in the Schedule shall be deemed to


permit any development which is not in accordance with any condition
imposed when permission is granted or deemed to be granted under Part
V of the Act otherwise than by this Order.

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

(b) any particular development, specified in the direction, falling


within any of the said classes.

(2) Notice of any direction specifying any particular area under


paragraph (a) of sub-paragraph (1) shall be given by public notice by the
Minister, and such notice shall contain a concise statement of the effect
of the direction and name a place or places where a copy thereof and a
map defining the area to which it relates may be seen at all normal hours
of official business; and any such direction shall come into force on the
date on which notice thereof is first published.

(3) Notice of any direction specifying any particular development under


paragraph (b) of sub-paragraph (1) shall be served by the planning
authority on the owner of the land affected, and any such direction shall
come into force on the date on which notice thereof is served on the
owner.

(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:

(a) maintenance of bridges, buildings and railway stations;

(b) alteration and maintenance of railway track, and provision and


maintenance of track equipment, including signal boxes, signalling
apparatus and other appliances and works required in connection with
the movement of traffic by rail;

(c) maintenance of harbours, quays, wharves and canals;

(d) provision and maintenance of mechanical apparatus or


appliances required for the purposes of shipping or in connection with
the embarking, disembarking, loading, discharging or transport of
passengers, livestock or goods at a harbour, quay or wharf;
(e) any development required in connection with the improvement
and maintenance or repair of water courses or drainage works, or sewers
or sewage disposal works.

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.

(2) Where an applicant so desires, an application, hereinafter called an


application in principle, may be made under sub-paragraph (1) for
permission for the use of any building or land or for the erection of any
building, and any approval thereof shall be subject to the subsequent
approval of the Minister or planning authority with respect to any matter
relating to the siting, design or external appearance of the building, or
the means of access thereto, in which case particulars and plans in
regard to these matters shall not be required and permission may be
granted subject as aforesaid (with or without other conditions) or
refused:

Provided that-

(i) where such permission is granted, it shall be expressed to be


granted under this sub-paragraph on an application in principle and the
approval of the Minister or planning authority shall be required with
respect to the matters reserved in the permission before any
development is commenced;

(ii) where the Minister or planning authority is of the opinion that in


the circumstances of the case the application for permission ought not to
be considered separately from the siting, design or external appearance
of the building, or the means of access thereto, he or it shall, within
forty-two days from the receipt of the application in principle, serve
notice on the applicant that he or it is unable to entertain such
application, specifying the matters as to which he or it requires further
information for the purpose of arriving at a decision in respect of the
proposed development, and the applicant may either furnish the
information so required (in which event the application shall be treated
as if it had been received on the date when such information was
furnished and had included such information) or appeal to the Tribunal
within twenty-eight days of receiving such notice, or such longer period
as the Tribunal in writing may agree, as if the application in principle
had been refused by the Minister or planning authority.

(3) On receipt of an application under this paragraph or under paragraph


7, the Minister or planning authority shall send to the applicant an
acknowledgment in writing thereof, which acknowledgment shall not be
deemed to be a notice or document for the purposes of paragraph 16.

9. (1) Before granting permission for development in either of the Consultations

following cases, whether unconditionally or subject to conditions, the


Minister or planning authority shall consult with the following
authorities:

(a) where it appears to the Minister or planning authority that the


development is likely to affect adversely any land in the area of any
local or township authority, with such authority;

(b) where it appears to the Minister or planning authority that the


development is likely to create or attract traffic which will result in a
material increase in the volume of traffic entering or leaving a main road
or using a level crossing over a railway, with the appropriate highway or
railway authority.

(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.

(3) Every such notice shall be in writing, and in the case of an


application for permission or approval where the Minister or planning
authority decides to grant such permission or approval subject to
conditions or to refuse it, or in the case of an application for
determination under paragraph 7 (whether forming part of an
application for permission or approval or not) where the Minister or
planning authority determines that the carrying out of the proposals
therein would constitute or involve development, he or it shall state the
reasons therefor in such notice.

12. The Minister or planning authority, as the case may be, shall keep a Register of applications

separate register containing the following information in respect of all


applications for permission to develop with which he or it is concerned,
namely:
(a) particulars of any application for permission to develop made to
him or it in respect of any land, including the stand, plot, lot or farm
number of the property, and the road, district and town in which it is
situate, the name and address of the applicant, the registered number and
date of receipt of the application, and brief particulars of the
development forming the subject of the application;
(b) particulars of any direction given under the Act or this Order in
respect of the application;
(c) the decision of the Minister or planning authority in respect of
the application and the date of such decision;
(d) the date and effect of any decision of the Minister in respect of
any application referred to him under section twenty-six of the Act;
(e) the date and effect of any determination or order of the Tribunal
in respect of an appeal against a decision on the application;
(f) the date and effect of any decision of the High Court in respect of
an appeal against the determination of the Tribunal.

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

happening of the event in respect of which an entry is required to be


made.

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

Order shall be served or given in accordance with the provisions of


section fifty of the Act:

Provided that any notice of an unconditional grant of planning


permission which is to be served under paragraph 11 may be served in
accordance with the provisions of section fifty of the Act as though the
word "registered" were deleted from the said section.
(As amended by No. 98 of 1964)

SCHEDULE
(Paragraph 5)
PART I

CLASSES OF DEVELOPMENT PERMITTED SUBJECT TO CONDITIONS


The following development is permitted under paragraph 5 subject to the conditions set out
opposite the description of that development in Column (2).
The references in that column except where otherwise mentioned are to the standard
conditions as numbered and set out in Part II.
Column (1) Column (2)
Description of Development Conditions
Class I-Development within the curtilage 1. The height of such buildings shall not
of a dwelling-house exceed the height of the riginal dwelling-
The enlargement, improvement or other house.
alteration of a dwelling-house materially 2. Standard conditions Nos. 1,
affecting the external appearance of the 2 and 3.
building so long as the cubic content of the original
dwelling-house (as ascertained by external
measurement) is not exceeded by more than 1,750
cubic feet or one-tenth whichever is the greater
subject to a maximum of 4,000 cubic feet.
Class II-Sundry minor operations
1. The erection or construction of gates, Standard conditions Nos. 1 and 2.
fences, walls or other means of enclo-
sure not being within the curtilage of a dwelling-
house not exceeding seven feet in height and
the maintenance, improvement or other alteration
of such gates, fences, walls or other means of
enclosure, except on land at the junction of two
roads in front of a line joining a point on the
boundary of each road reserve at a distance
of thirty feet from the intersection of such
road reserves, extended if necessary.
2. The painting of the exterior of any building
or work otherwise than for the purpose of
advertisement.
Class III-Changes of use
Development consisting of a change of use to-
(a) as a light industrial building as defined
by the Town and Country Planning
(Use Groups) Regulations from use as
a general industrial building as so defined;
(b) use as any type of shop except-
(i) a drive-in shop;
(ii) a fried fish shop;
(iii) a butcher's shop;
(iv) a shop for the sale of pet animals or birds;
(v) a shop for the sale of motor vehicles;
from use as any type of shop except a
drive-in shop.
Column (1) Column (2)
Description of Development Conditions
Class IV-Temporary buildings and uses
The use of land (other than a building Standard conditions Nos. 1, 2 and 3.
or the curtilage of a building) for
any purpose for not more than
twenty-eight days in total in any
calendar year, and the erection or
placing of movable structures on
the land for the purposes of that
use.
Class V-Development for industrial
purposes
The deposit by an industrial undertaker Standard conditions Nos. 1 and 2.
of waste material or refuse resulting from
an industrial process on any land comprised
in a site which was used for such deposit,
otherwise than in contravention of previous
planning control, on the appointed day.
Class VI-Repairs to roads and ways
The carrying out of works required Standard conditions Nos. 1 and 2.
for maintenance or improvement of roads
or ways not under the control of a highway
authority being works carried out on land
within the existing limits of such roads or
ways.
Class VII-Rebuilding of existing
buildings, works and plant
The rebuilding, restoration or 1. The cubic content of the original
replacement of buildings, works or plant building or of the works or plant shall not
which were in existence on the appointed be increased by more than ten per centum.
day 2. There shall be no material alteration from the
external appearance, as on the appointed day,
except with the approval of the Minister or planning
authority, as the case may be.
3. Standard conditions Nos. 1, 2 and 3.
Class VIII-Development by local or
township authorities
1. The erection or construction and the
maintenance, improvement or other alteration
by a local or township authority of-
(a) such ancillary buildings, works Standard conditions Nos. 1, 2 and 3.
and equipment as are required on
land belonging to or maintained by
them for the purposes of any
related and appropriate functions
exercised by them on that land;
(b) lamp standards, fire alarms, Standard condition No. 2.
public drinking fountains, street
nameplates, refuse bins or baskets,
information kiosks, passenger
shelters, public shelters and seats,
barriers for the control of persons
who are waiting to enter public
vehicles and such other similar
structures or works as may be
required in connection with the
operation of any public service.
2. The deposit by a local or township Standard conditions Nos. 1 and 2.
authority of waste mateterial or refuse on any
land comprised in a site which was used for
that purpose, otherwise than in contravention
of a planning permission, on the appointed day.

Column (1) Column (2)


Description of Development Conditions
Class IX-Development of site and service
schemes
The erection of buildings and the use of Standard conditions Nos. 1, 2 and 3.
land for any purposes for which the
erection of such buildings or the use of
such land is in accordance with a layout
approved by the planning authority as a
site and service scheme.
(As amended by No. 98 of 1964 and No. 337 of 1969)

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

section 3 of the Local Government Act.


Column (1) Column (2)
Description of Development Conditions
Class X-Conforming development
Where a layout or subdivisional plan 1. In residential use zones for the erec-
has been lawfully approved and any tion of dwelling-houses only, the approved
conditions contained in such approval subdivision of plot or stand shall not be
have been fulfilled, the erection in any greater than one and one-quarter acres in
use zone of buildings or the use of land extent.
for any purpose for which the permission 2. The Minister is satisfied that adequate
of the planning authority is not normally provision for parking, loading and unload-
required by the approved written ing of vehicles in the case of industrial and
document. commercial buildings or uses has been made.
3. The approval of the Minister to
the external design appearance and
materials in the case of commercial
buildings and uses has been obtained.
4. If the development is likely to
affect adversely any land in the area
of any local or other township
authority or is likely to create or
attract traffic which will result in a
material increase in the volume of
traffic entering or leaving a main road
or using a level crossing over a
railway, the provisions of paragraph 9
shall first be complied with.
5. For the purpose of the Town and
Country Planning (Appeals)
Regulations, any development
permitted under this Class shall be
treated as though it had been
approved by the planning authority,
and the date of receipt or issue of any
building permit given under any
building by-laws or the Public Health
(Building) Regulations or in the case
of a use of land the date on which it
was first so used shall be regarded as
the date of making a decision.
6. Standard conditions Nos. 1, 2 and
3.
(As amended by No. 98 of 1964)

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

three of the Act applies.

3. In this Order, unles the context otherwise requires- Interpretation

"planning authority" means a planning authority to which functions


have been delegated under the provisions of section twenty-four of the
Act.
(As amended by No. 65 of 1965)

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

otherwise provided in this Order, be made in accordance with the


provisions of the Town and Country Planning (Application for Planning
Permission) Regulations.

(2) For the avoidance of doubt it is hereby declared that, on receipt of an


application for permission to subdivide made under the provisions of
section twenty-five of the Act, the Minister or planning authority may-

(a) demand further information from the applicant; or

(b) demand that public notice inviting objection to the application


within a specified time in the form set out in the Schedule shall be given
at the cost of the applicant; or

(c) approve the application subject to such written conditions as is


deemed fit to impose in accordance with the Third Schedule to the Act,
and any person developing the land pursuant to such approval shall
comply with all conditions so imposed; or

(d) approve the application in principle and require a detailed


application to be submitted in terms of subsection (3) of section
twenty-eight of the Act; or

(e) reject the application and state the reasons for the rejection.

(3) Where an applicant so desires, an application, hereinafter called an


application in principle, may be made under sub-paragraph (1), and any
approval thereof shall be subject to the subsequent approval of the
Minister or planning authority of a detailed application.

(4) On receipt of any application for permission to subdivide, the


Minister or planning authority, as the case may be, shall send to the
applicant an acknowledgment thereof, which acknowledgment shall not
be deemed to be a notice or document for the purposes of paragraph 13.

6. (1) Before granting permission to subdivide in either of the Consultations

following cases, whether unconditionally or subject to conditions, the


Minister or planning authority shall consult with the following
authorities:
(a) where it appears to the Minister or planning authority that any
development likely to arise out of such subdivision is likely to affect
adversely land in the area of any local or township authority, with that
authority;

(b) where it appears to the Minister or planning authority that any


development likely to arise out of such subdivision is likely to create or
attract traffic which will result in material increase in the volume of
traffic entering or leaving a main road or using a level crossing over a
railway, with the appropriate highway or railway authority.

(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.

7. 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.

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.

(3) Every such notice shall be in writing and, in the case of an


application for permission or approval where the Minister or planning
authority decides to grant such permission or approval subject to
conditions or to refuse it, he or it shall state the reasons therefor in such
notice.

9. The Minister or planning authority, as the case may be, shall keep a Register of applications

separate register containing the following information in respect of all


applications for permission to subdivide land with which he or it is
concerned, namely:
(a) particulars of any application for permission to subdivide made
to him or it in respect of any land, including the stand, plot, lot or farm
number of the property and the road, district and town in which it is
situate, the name and address of the applicant, the registered number and
date of receipt of the application, and brief particulars of the subdivision
forming the subject of the application;
(b) particulars of any direction given under the Act or this Order in
respect of the application;
(c) the decision of the Minister or planning authority in respect of
the application and the date of such decision;
(d) the date and effect of any decision of the Minister in respect of
any application referred to him under section twenty-six of the Act;
(e) the date and effect of any determination or order of the Tribunal
in respect of an appeal against a decision on the application;
(f) the date and effect of any decision of the High Court in respect of
an appeal against the determination of the Tribunal.

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

happening of the event in respect of which an entry is required to be


made.

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

Order shall be served or given in accordance with the provisions of


section fifty of the Act:

Provided that any notice of an unconditional grant of planning


permission which is to be served under paragraph 8 may be served in
accordance with the provisions of section fifty of the Act as though the
word "registered" were deleted from the said section.
(As amended by No. 97 of 1964)

SCHEDULE
(Form of advertisement)

THE TOWN AND COUNTRY PLANNING ACT

(Section 28)

APPLICATION FOR PERMISSION TO SUBDIVIDE


NOTICE IS HEREBY GIVEN that ........................
of .............................
has applied to the ...................Planning Authority/Natural
Resources Board/Minister of Provincial and Local Government for permission to subdivide
land situated at (address of property) .................
......................................
A plan of the site and plans and details of the proposed subdivision is deposited at
...................................
....................and may be inspected free of charge between
the hours of ................ and ................................ . on ..............................
and .........................
*until the ................... day of ................................................., 19......
Any person who wishes to make any representations on or objections to the proposed
subdivision should serve notice of such representations or objections in writing on the
..................... Planning Authority/
Natural Resources Board/Minister of Provincial and Local Government, P.O. Box ...........,
..........not later than the **........................................................
day of ..............., 19.......... and shall at the same time submit
a copy of such representations or objections by notice served on the undersigned at the
address mentioned below.
Signed........................................................................
Dated this ................day ...........................
of ................19....... ......................
*Not less than fourteen days from the date of the first advertisement shall be allowed for the
inspection of the plan.

**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

Order by the Minister

1. This Order may be cited as the Town and Country Planning Title

(Delegation of Functions) Order.

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.

3. Government Notice No. 354 of 1962 is hereby revoked. Revocation of G.N.No.


354 of 1962

Government
SECTION 24-DELEGATION OF POWERS TO THE Notice
NORTHERN PLANNING AUTHORITY 356 of 1962

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, 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

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, 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

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 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

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 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

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. 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

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. 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

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 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

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. T95/5
which are in excess of the area described in the Schedule to the
Municipality of Chingola (Area) Order, 1968 (Statutory Instrument No.
411 of 1968) are hereby delegated to the Municipal Council of
Chingola, and any liability to pay compensation under the Act in respect
of anything done by the Municipal Council of Chingola in exercise of
the functions dele-gated to it are hereby transferred to the Municipal
Council of Chingola, 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-DELEGATON OF POWERS TO THE Notice
LUANSHYA PLANNING AUTHORITY 108 of 1964

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
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

Regulations by the Minister

1. These Regulations may be cited as the Town and Country Planning Title

(Claim for Compensation) Regulations.

2. These Regulations shall apply to all claims for compensation made Application
under the provisions of Part VI of the Act.

3. In these Regulations, unless the context otherwise requires- Interpretation

"claimant" means any person claiming compensation under the


provisions of Part VI of the Act,

"planning authority" means a planning authority to which functions


have been delegated under the provisions of section twenty-four of the
Act, and includes in the case of subdivision for agricultural purposes of
agricultural land situated outside areas subject to a development plan or
approved development plan the Natural Resources Board;

"planning decision" means in the case of an application for permission


made under Part V of the Act a refusal of the Minister or planning
authority of that permission or a grant thereof by the Minister or
planning authority subject to conditions or a notice served under the
provisions of subsection (2) of section thirty-one of the Act.
(As amended by No. 65 of 1965)

4. Any person wishing to make a claim for compensation under the Making of claim

provisions of Part VI of the Act shall do so on a form, issued by and


obtainable from the Minister or planning authority, as set out in the
Schedule.

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:

Provided that the Minister or planning authority 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 claim.

6. If required by the Minister or planning authority by a direction in Supporting evidence

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

CLAIM FOR PAYMENT OF COMPENSATION

To the ............................................................. (Insert Minister of Provincial and Local


P.O. Box......................................................... Government or the planning authority)
........................................................................
I declare that the statements made on this form are true to the best of my knowledge and belief and I hereby c
compensation to the amount set out hereunder to be due to me.
(Signed)
.......................................................................
....................................................................................
P.O. Box .........................................................

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.)?

2. (i) Do you know of any other person who has an interest in or


rights over the land (e.g. as lessee, sole mortgagee, owner of an
easement, etc.)? If so give name and address of each person and nature
and date of creation of his interest or right.
(ii) Give details of any outgoings affecting the land, other than
ordinary rates and taxes.

3. Give such particulars as you can (including reference number and


date) of the planning decision or enforcement notice which gives rise to
your claim for compensation.
4. (i) Give particulars of any development, subdivision, use or change
of use since 16th November, 1962.
(ii) State whether planning permission was given for any of the
above (give reference number and date).
(iii) Give details (with reference number and date) of any planning
consents given under the former Act.

5. State what amount you claim as the depreciation in value of your


interest in the land caused by the planning decision and state how you
arrive at this figure.
Government
SECTION 53-THE TOWN AND COUNTRY PLANNING Notices
(APPLICATION FOR PLANNING PERMISSION) 360 of 1962
96 of 1964
REGULATIONS Statutory
Regulations by the Minister Instruments
65 of 1965
347 of 1966

1. These Regulations may be cited as the Town and Country Planning Title

(Application for Planning Permission) Regulations.

2. These Regulations shall apply to any application for permission to Application

develop or subdivide land or for any approval or determination under a


development or subdivision order.

3. In these Regulations, unless the context otherwise requires- Interpretation

"Order" means any order made under the provisions of section


twenty-three of the Act;

"planning authority" means a planning authority to which functions


have been delegated under the provisions of section twenty-four of the
Act.
(As amended by No. 65 of 1965)

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.

(2) In the case of an application for determination whether any


operations on land or any change in the use of any land or building
would constitute or involve development of that land or building, it shall
not be necessary to furnish plans and drawings, other than a plan
sufficient to identify the land to which the application relates, in any
case where the proposal is sufficiently described by the particulars
together with that plan.

5. (1) All applications for planning permission or for determination Submission of


shall be submitted to the Minister or planning authority, as the case may applications

be.

(2) Except in the area of a city or a municipality, an application for


planning permission to develop or subdivide land, or for determination
whether or not development is involved, may be submitted to the
planning authority through the authority having local authority
jurisdiction in the area to which the application relates, and the
necessary application forms may be obtained from the authority.

(3) For the avoidance of doubt an application for permission to Forms and notices

subdivide for agricultural purposes agricultural land situated outside


areas subject to a development plan or approved development plan shall
be submitted to the Natural Resources Board.

6. The application forms shall be in the form or substantially in the


form as set out in the Schedule and any notices issued in connection with
the said application forms shall be in the form as set out in the Schedule.

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

THE TOWN AND COUNTRY PLANNING ACT

APPLICATION FOR PERMISSION TO DEVELOP


(Paragraph 8. The Town and Country Planning Development Order)
To the ...............................................
(insert name and address of the planning authority)
I/We hereby apply for permission to develop as described in this application and on the
attached plans and drawings.
Date................................................................. Signature of Applicant or Agent
...............
If signed by Agent state:
Name ...........................
Address ........................
Profession .................................

1. If an application in principle has previously


been submitted state the registered number of the
application.

2. State whether subdivision is involved and if so


whether permission has been applied for and give
registered number of the application.

3. (a) Stand, Lot or Farm No. ........(a)


(b) Road, District and Town .............(b)

4. Applicant's name and address

5. Owner's name and address

6. If applicant is not the owner, state interest in


the land, e.g. lessee, prospective purchaser, etc.,
and whether the consent of the owner to this
application has been obtained.

7. Describe briefly the proposed development


including the purposes for which land and\or
buildings are to be used.

8. State the purpose for which land and/or


buildings are now used. If not now used, the
purpose for which and date on which they were
last used.

9. State whether the construction of a new or


alteration of an existing means of access to or
from a road is involved.

10. If the proposed development consists only of


a change of use and does not involve building
operations state the exact nature of such change.

11. If the site abuts on a road junction, give details


and height of any proposed walls, fences, etc.,
fronting thereon.

12. State method of-


(a) water supply.................................... (a)
(b) sewage disposal .............................. (b)
(c) surface water disposal..................... (c)
(d) refuse disposal ................................ (d)

13. Give details of any relevant easements


affecting the proposals.

14. State the-


(a) area of land affected........................ (a)
(b) area of buildings ............................. (b)
(c) percentage of site covered-
(i) by existing buildings....................... (i)
(ii) by proposed buildings..................... (ii)

15. State the materials to be used for-


(a) external walls .................................. (a)
(b) roof.................................................. (b)
16. If the building is to be used for more than one Ground floor
purpose state the floor area and nature of each First floor
use. Second floor
Third floor
Fourth floor, etc.

17. If the building is to be used wholly or partly


for commercial or industrial purposes state-
(a) the nature of the proposed use or uses (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 wholesale sales on the
premises ..................................... (e)

18. 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 those 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,
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

THE TOWN AND COUNTRY PLANNING ACT

APPLICATION FOR PERMISSION TO SUBDIVIDE LAND

(Paragraph 5. The Town and Country Planning Subdivision Order)


To the .................................................
(insert name and address of the planning authority)
I/We hereby apply for permission to subdivde land as described in this application and
on the attached plans and drawings.
Date................................................................. Signature of Applicant or Agent
...............
If signed by Agent state:
Name ...........................
Address ........................
Profession .................................

1. If an application in principle has previously


been submitted state the registered number of the
application.

2. (a) Stand, Lot or Farm No. .............. (a)


(b) Road, District and Town................. (b)

3. Applicant's name and address

4. Owner's name and address


5. If applicant is not the owner, state interest in
land, e.g. lessee, prospective purchaser, etc., and
whether the consent of the owner to this
application has been obtained.

6. Describe briefly the proposed subdivision


including the purposes for which land and/or
buildings are to be used.

7. State the purpose for which land and/or


buildings are now used. If not now used, the
purpose for which and date on which they were
last used.

8. State whether the construction of a new or


alteration of an existing means of access to or
from a road is involved.

9. State method of-


(a) water supply.................................... (a)
(b) sewage disposal .............................. (b)
(c) surface water disposal..................... (c)
(d) refuse disposal ................................ (d)

10. Give details of any relevant easements


affecting the proposals.

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)

12. State area of smallest residential stand.

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.

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.
Subdivision Plan (other than an Estate Layout): To a scale appropriate to the area of the
land, showing-
(a) the boundaries of the land, the number and area of any existing or proposed
subdivisions, and the existing and proposed use thereof;
(b) the position of any existing or proposed buildings on the land and of any roads,
carriageways, service or sanitary lanes or roads or any footpaths adjacent to the land;
(c) the position, width and gradient of all existing and proposed means of access from
the land to any road.
NOTE.-The Subdivision Plan may be combined with the Site Plan if the scale permits.

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

THE TOWN AND COUNTRY PLANNING ACT


APPLICATION FOR PERMISSION IN PRINCIPLE TO DEVELOP/SUBDIVIDE
LAND
(Paragraph 8 (2). The Town and Country Planning Development Order)
(Paragraph 5 (3). The Town and Country Planning Subdivision Order)
To the .................................................
(insert name and address of the planning authority)
I/We hereby apply for permission in principle to develop/subdivide land as described in
this application and on the attached plans and drawings.
Date................................................................. Signature of Applicant or Agent
...............
If signed by Agent state:
Name ...........................
Address ........................
Profession .................................

1. (a) Stand, Lot or Farm No. of the site (a)


(b) Road, District and Town................. (b)

2. Applicant's name and address

3. Owner's name and address

4. If applicant is not the owner, state interest in


the land, e.g. lessee, prospective purchaser and
whether consent of owner to this application has
been obtained.

5. Describe briefly but adequately the proposed


development or subdivision including purposes
for which land and/or buildings are to be used.

6. State the purpose for which the land and/or


buildings are now used. If not now used state the
purpose for which and date on which they were
last used.

7. State whether the construction of a new or


alteration of an existing means of access to or
from a road is involved.

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.

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.
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)
______________
D/
FORM T. & C.P. 4 Registered
number of
application

THE TOWN AND COUNTRY PLANNING ACT

APPLICATION FOR PERMISSION TO DEVELOP STATE LAND

(Paragraph 8. The Town and Country Planning Development Order)


To the.
(insert name and address of the planning authority)
I/We hereby apply for permission to develop as described in this application and on the
attached plans and drawings.
Date................................................................. Signature of Applicant or Agent
...............
If signed by Agent state:
Name ...........................
Address ........................
Profession .................................

1. (a) Stand, Lot or Farm No. of the site (a)


(b) Road, District and Town ................. (b)

2. Applicant's name and address

3. Describe briefly the proposed development


including the purposes for which land and/or
buildings are to be used.

4. State the purpose for which land and\or


buildings are now used. If not now used, the
purpose for which and date on which they were
last used.

5. State whether the construction of a new or


alteration of an existing means of access to or
from a road is involved.

6. If the proposed development consists only of


a change of use and does not involve building
operations state the exact nature of such change.

7. If the site abuts on a road junction, give details


and height of any proposed walls, fences, etc.,
fronting thereon.

8. State method of-


(a) water supply ............................. (b)
(b) sewage disposal ...................... .. (b)
(c) surface water disposal ............ .. (c)
(d) refuse disposal ........................ .. (d)

9. Give details of any relevant easements


affecting the proposals.

10. State the-


(a) area of land affected ................. (a)
(b) area of buildings (proposed and existing) (b)
(c) percentage of site covered-
(i) by existing buildings ............ (c) (i)
(ii) ..........by proposed buildings .. (ii)

11. State the materials to be used for-


(a) external walls........................... . (a)
(b) roof .......................................... . (b)

12. If the building is to be used for more Ground


Floor.................................................................................
than one purpose state the floor area First
Floor......................................................................................
and nature of each use. Second
Floor.................................................................................
Third
Floor.....................................................................................
Fourth Floor,
etc............................................................................

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

THE TOWN AND COUNTRY PLANNING ACT

APPLICATION FOR PERMISSION TO SUBDIVIDE AGRICULTURAL LAND


FOR AGRICULTURAL PURPOSES

(Paragraph 5. The Town and Country Planning Subdivision Order)


To The Natural Resources Board,
P.O. Box 55,
Lusaka.
I/We hereby apply for permission to subdivide land as described in this application and
on the attached plans and diagrams.
Date................................................................. Signature of Applicant or Agent
...............
If signed by Agent state:
Name ...........................
Address ........................
Profession .................................

1. If an application in principle has previously


been submitted state the registered number of
the application and the decision.

Cap. 293

2. Farm number and address of the land to be


subdivided in sufficient detail to enable it to
be readily identified.

3. Name and postal address of applicant (IN


BLOCK CAPITALS). State whether Mr.,
Mrs. or Miss.

4. State applicant's interest in the land (e.g.


owner, lessee, tenant, prospective purchaser,
etc.)

5. If applicant is not the owner of the land state


name and postal address of owner. In such
case evidence of the consent of the owner to
the proposed subdivision must be attached to
this form.

6. State the acreage of the holding and of each


proposed subdivision.

7. Describe briefly the present land use and


system of farming carried out on the present
holding and to be carried out on-
(a) the remaining unit of that holding (a)
and
(b) each proposed subdivision ...... (b)

8. State what residential and/or other buildings


are to be constructed on each proposed
subdivision.

9. State the source of water supply for-


(a) domestic .................................. (a)
and
(b) agricultural purposes on each proposed
subdivision ............................................. (b)

10. Give particulars of any easements,


encumbrances, notarial leases or mortgage
bonds affecting the holding.
11. State whether each proposed subdivision is to
be by way of sale, gift, lease or mortgage.

12. Give any other information of which the


applicant wishes the Natural Resources
Board to be aware.

FOR OFFICE USE ONLY

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.............................................................
............

THE TOWN AND COUNTRY PLANNING ACT


APPLICATION FOR DETERMINATION WHETHER DEVELOPMENT IS
INVOLVED

(Paragraph 7. The Town and Country Planning Development Order)


To the...................................................................................(insert name and address of the
Minister or planning authority).
I/We hereby apply for a determination whether the carrying out of the operations on
or the making of the change in use of the land as described in this application and shown on
the attached plan would constitute or involve development and, if so, whether an
application for planning permission is required.
Date................................................................. Signature of Applicant or Agent
...............
If signed by Agent state:
Name ...........................
Address ........................
Profession .................................

1. (a) Stand, Plot, Lot or Farm No..... (a)


(b) Road, District and Town .......... (b)

2. Owner's name and address

3. Applicant's name and address


4. State briefly the operations or change in use of
land proposed. If more than one use, give details.

5. State the purpose for which the land and/or


buildings are now used. If used for more than one
purpose give details.

6. State whether the construction of a new or


alteration of an existing means of access to or
from a road is involved.

7. Give any other details the applicant may consider necessary.

FOR OFFICE USE ONLY

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

THE TOWN AND COUNTRY PLANNING ACT

ACKNOWLEDGEMENT OF APPLICATION FOR PLANNING PERMISSION


OR DETERMINATION

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

THE TOWN AND COUNTRY PLANNING ACT

NOTIFICATION OF APPROVAL/REFUSAL OF PLANNING PERMISSION

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

THE TOWN AND COUNTRY PLANNING ACT

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

(To be printed in duplicate)


(No. 96 of 1964)
THE TOWN AND COUNTRY PLANNING
(DEVELOPMENT PLANS)
REGULATIONS [ARRANGEMENT OF REGULATIONS]

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

FIRST SCHEDULE-Particulars and proposals to be included in the


various maps and documents forming the development plan

SECOND SCHEDULE-Prescribed forms

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

(Development Plans) Regulations.


2. These Regulations shall apply to all development plans submitted to Application

the Minister under the provisions of Parts III and IV of the Act.

3. In these Regulations, unless the context otherwise requires- Interpretation

"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;

"planning authority" means the local or other authority appointed by or


under the provisions of section five of the Act.
(As amended by No. 65 of 1965)

4. (1) Every map comprised in a development plan shall include a key Scale of map

describing the notation used.

(2) Except where otherwise provided, the following scales shall be used
for maps comprised in a development plan:

(a) maps covering the planning area of any city, municipality or


township, one inch to five hundred feet;

(b) maps covering any other planning area 1/50,000;

(c) Comprehensive development maps, one inch to two hundred


feet.

(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.

(2) A proposal for modification of an approved development plan shall


consist of such maps and documents as may be appropriate to the
proposals and shall include a statement of the reasons for the proposal
and any such map or document may be in substitution for any part of any
map or document or in addition to any map or document forming part of
the approved development plan.

(3) A proposal for the revocation of an approved development plan


shall include a statement of the reasons for the proposal.

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

utilities map showing particulars 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.
(As amended by S.I. No. 58 of 1976)

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

proposed that land may be developed during the subsequent period of


thirty years 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 map relates.

(2) Notwithstanding the provisions of sub-regulation (1), the basic map


shall include reservations of land for any public purpose, whether or not
it is considered that such land will be so used within the subsequent
period of thirty years, in every case where the boundaries or the
approximate boundaries of the reservation are known at the time of
preparation of the map.

(3) Notwithstanding the provisions of sub-regulation (1), the basic map


may include reservations of land for any public purpose where it is
known that such reservation will eventually be required and the site, size
or boundaries have not been decided and any such reservation shall be
diagrammatic and in the form set out in Part I of the First Schedule.

(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

compulsory acquisition shall designate such land on a map to be known


as a designation map and such map shall show particulars and proposals
in respect of the items specified in Part I of the First Schedule.
(As amended by S.I. No 58 of 1976)

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.

(2) Notwithstanding the provisions of sub-regulation (1), a planning


authority, in the case of any area set out in the First Schedule to the Act
shall and, in any other case, may, show its proposals for the
development or redevelopment of the principal business area on a
comprehensive development map.
(As amended by S.I. No 58 of 1976)

12. Every development plan shall contain a document to be known as a Written statement

written statement and such written statement shall include-


(a) a summary of the main proposals of the development plan with
such descriptive matter as the planning authority considers necessary to
illustrate the various proposals shown on the basic map or as the
Minister may from time to time direct for that purpose;
(b) in relation to any comprehensive development map, except a
map prepared under the provisions of sub-regulation (2) of regulation
11, a statement in accordance with the provisions of subsection (3) of
section sixteen of the Act of the purpose or purposes for which the area
is to be developed or redeveloped as a whole;
(c) in relation to any designation map designating land allocated by
the development plan for any Government purposes or for the purpose
of any function of a local or township authority, a statement identifying
separately the land allocated for each Government purpose or to each
local or township authority and the purpose for which such land is
allocated and, in relation to any such map designating land comprised in
an area of comprehensive development or contiguous or adjacent to any
such area or for the purpose of securing its use in the manner proposed
by the development plan, a statement identifying the land proposed for
each use and the nature of that use.

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

Minister a certified copy of any advertisement published or notice


served in pursuance of these Regulations or Parts III and IV of the Act.

(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.

(2) When the Minister has approved a development plan, certified


copies of the basic map and any designation map and any
comprehensive development map and the written statement and written
document shall be kept at the offices of the planning authority and any
local or township authority having jurisdiction in any planning area
covered by the development plan and made available for inspection by
the public during normal hours of official business.

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

The colours specified hereunder to be used on the various maps are


obligatory on all duplicates and certified copies submitted to the
Minister, but shall not nevertheless form part of the development plan
and copies of any map offered for sale to the public need not be so
coloured.
All references to colours are to the Standard Town and Country
Planning Colours approved by the British Colour Council.

PART I

Regulation 6: Land Utilisation Map


Regulation 7: Public Utilities Map
Regulation 9: Basic Map
Regulation 10: Designation Map
Regulation 11: Comprehensive Development Map
The whole of a site should be coloured on the Land Utilisation Map to
indicate the predominant use, but where there are two more or less equal
but different uses they should be indicated separately. Where the ground
floor use differs from the predominant use it should be indicated
separately by a band along the frontage with the appropriate symbol or
colour inside that band. The principal business area shall if necessary for
clarity be shown on a separate map to a scale of 1:2 500.
Existing uses to be outlined by a solid black line, and shaded by evenly
spaced black dots, sized and spaced according to the scale of the map.
Proposed uses to be outlined by a solid black line, not shaded, and
indicated by the appropriate use letters.
Deferred uses (proposed uses for the plan period subsequent to the first
ten years) to be outlined by a solid black line and not shaded, with the
appropriate letters in brackets.
(As amended by S.I. no 58 of 1976)

Use Symbol Colour

1. Boundary of planning Thick dot/dash line


9mm blue 2.1 border
area outside boundary
2. Boundary of local or Thick black dotted
ownship authority area line with name of
authorities inside
boundary
3. Boundary of comprehensive Small inverted "V's"
Opaque white ink border
development area inside boundary inside boundary
4. Reservations
(a) Public buildings and P....................................
Red 1
cultural uses
Community centre, public hall PC
Entertainment, theatre, cinema PE
Drive-in-cinema ............. PM
Social club ...................... PS
Church ............................ PW
Public conveniences ....... PT
Museum, cultural village PV
(b) Administration ............... A.................................... Red 2
Central Government office AC
Local Government office AL
Post Office...................... AP
(c) Institutions ..................... . G.................................... Orange
(a) Education................... P.................................... (Four parts
Orange 1 to
one
part Red 2)
University .................. GEU
Training and technical GET
colleges
Secondary school....... GES
Primary school........... GEP
Nursery school........... GEN
(b) Health ........................ GH
Hospital...................... GHO
Mental hospital .......... GHM
Rural health centre, clinic, GHC
dispensary
(c) Others ........................ GO
Police station and camp GCP
Prison......................... GOG
Military uses .............. GOM
Research station......... GOR
(stating type)
(d) Public utilities................ X.................................... Red brown 1.1
Electricity ....................... XE
Water .............................. XW
Sewage disposal ............. XS
Refuse disposal............... XR
Fire station...................... XF
*-surface ..................... v ___v
/\
-underground ............ v _ v
/\
Telephone or telegraph lines
-surface | | | | | | | | | | | | | |
-underground I I I I I I I I I
Sewers* -| -| -| -| -|
Water mains* -.. -..-..-
* Capacities or sizes should be figured.

Use Symbol Colour

(e) Open space and recreation O....................................


Green 1.1
(a) Public open space ...... OP
Park and play area ..... OPP
Playing fields, tennis court OPF
Swimming pool ......... OPS
Golf course ................ OPG
Racetrack, stadium, ... OPR
showground
Camp or caravan site . OPC
(b) Private open space ..... OV
Park or play area........ OVP
Playing fields, tennis courts OVF
Swimming pool ......... OVS
Golf course ................ OVG
Race track .................. OVR
Camp or caravan site . OVC
Riding school............. OVE
(c) Green belt .................. OGB
5. Transport........................ T
(a) Roads ............................. Road width drawn to scale
Existing........................... ══════
Proposed .........................
-small scale ................. ═ ═█═

-large scale.................. ═ ═█═


Number and ultimate width in 12 mm


diameter
circle
Road closure ................... Narrow hatching over portion affected and
number in 6 mm diameter circle
Car park .......................... TCP.................................... Green grey 1.1
Lorry park....................... TLP
Street parking ................. Black chevrons along portion so used
Bus station ...................... TBS
Service station ................ TS
Motel .............................. TM
(b) Railway
Existing........................... ++++++++++++++
Proposed ......................... ++ ++ ++
Railways reservation ...... TRY.................................... Light paynes grey
water

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

Use Symbol Colour

9. Commercial ................... B ....................................... Blue 2.1


Shopping ............................. BS
Special shopping ................. BSS
Office .................................. BC
Bank .................................... BL
Licensed premises ............... BL
Retail market ....................... BM

10. Residential ....................................... Green


U brown 1.5
Residential R ....................................... Yellow 2.1
Block of flats ....................... RF
Boarding-house ................... RB
Residential hotel, licensed... RL
Residential hotel, private..... RP
} ......................................
shade of yellow
Deeper

Residential hotel, motel....... RM


Squatter compound ............. RSC
..................................... Brown 2
edging inside
boundary
Site and service scheme ...... RSS ..................................... Brown 1.1

11. Mining and quarrying M ....................................... Grey 1.2


Surface working .................. MS
Mine plant ........................... MP
Mining claim area ............... MC
Slimes dam .......................... MD
Slag heap ............................. MH
Magazine ............................. MM
Limit of underground working -.. -..-..-
12. Miscellaneous
Cemetery or crematorium ... CE ..................................... Green brown 2
Building line (show distance in -.-.-.-
black) (10 m)
Land covered by water ........ LW ..................................... Blue 1
Water protection area .......... W ..................................... Blue 1 edging
Land unsuitable for building US ..................................... Yellow
brown 1
development
Undetermined land use........ UL ..................................... Uncoloured
Undeveloped ....................... V ..................................... Uncoloured
(As amended by S.I. No. 180 of 1979)

13. Areas for compulsory acquisition . Thick line around


Orange 1
boundary and
inside red 1 border
numbered
14. Diagrammatic reservation 12 mm diameter circle
(Regulation 9 (3)) with appropriate
symbol
PART II

(Regulation 8)

WRITTEN ANALYSIS

The Report of Survey


The Report
1.......................................Introduction The Maps and documents
Notations, zones and reservations
Non-conforming uses
2.......................................History History of the town
General survey of plan
Main planning problems
3.......................................Population Population trends
Population structure
Children of school age
4.......................................Housing needs Population densities
Family sizes
5.......................................Areas of development Town centre
Residential areas
Commercial areas
Industrial areas
Other areas
6.......................................Employment Structure and ratios
Trends and requirements
Distance home to work
7.......................................Communications Roads and vehicle parks
Railways and bus services
Airfields
8.......................................Minerals Sand, gravel, copper, etc.
9.......................................Education Kindergarten, primary and secondary schools
Post-secondary and adult schools
10.......................................Social Health and welfare
Civic and cultural facilities
Cemeteries
11.......................................Open spaces Standards and distribution
Playing fields
Other types
Proposals in development plan
12.......................................Shopping facilities Situation and areas served
13.......................................Public utilities Water
Electricity
Sewerage and sewage disposal
Refuse disposal
14.......................................Government development Housing
Offices
Works
Police
15. Conclusions
Appendix
Table 1 .............................. Distribution of Population
Table 2 .............................. Distribution of Shops
Table 3 .............................. Distribution of Open Spaces
Table 4 .............................. Distribution of Schools
Table 5 .............................. Distribution of Industry
Table 6 .............................. Employment Summary
Table 7 .............................. Changes in Land Use
The tables are set out in a standard form so that the information may be readily extracted
and collated for Zambia as a whole. They may not be fully applicable in every case and
planning authorities should adapt them where necessary.
Table 1 DISTRIBUTION OF POPULATION

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

Existing shops at time of survey 19..... At beginning of plan period 1


Residential
Area No. Frontage/ Fr
No. of No./1,000 Foot 1,000 Foot Estimated
shops population frontage population frontage population pop
1.
2.
3.
Central area
Other areas
Total
Table 3 DISTRIBUTION O

Residential Area No. Existing at time of survey Land r


19.... At beginning of plan
19....
Acreage/1,000 Acreag
Acreage population Acreage popul

1. Public playing fields


Other public open spaces
Private playing fields
Other private open spaces

Total open space

2. Public playing fields


Other public open spaces
Private playing fields
Other private open spaces

Total open space

All other areas:


Public playing fields
Other public open spaces
Private playing fields
Other private open spaces

Total open space


Table 4 DISTRIBUTION OF SCHOOLS

Estimated at time of survey 19.... Estimated at end of first stage 19....


Agreage/ Agreag
Residential
Area No. No. of No. of 1,0000 No. of No. of 1,0000
classes pupils Acreage population classes pupils Acreage populati
1. Local
primary................
Local
secondary..........
2. Local
primary................
Local
secondary..........
3. Local
primary................
Local
secondary..........

Non-local .....................

Secondary....................
Other
schools...............
Table 5 DISTRIBUTION OF INDUSTRY

Acreage of existing industries Acreage zoned at beginning


Type of industry at time of survey 19.... of plan period 19....

Light:
Serviced
Unserviced
General:
Serviced
Unserviced
Special:
Serviced
Unserviced
Table 6 EMPLOYMENT SUMMARY

Number of persons employed


195..population
Industrial Classification
Total Percentage
Males Females employed of Males Fe
population
1. Primary production::
Agriculture, forestry, etc.

Mining and quarrying

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....

1. Net residential use


2. Industry
3. Education including playing
fields
4. Open spaces not included in
above:
(i) public playing fields
(ii) private playing fields
(iii) other open spaces
5. Other major uses:
(i) Commercial:
(a) in town centres
(b) in other areas
(ii) Central and Local
Government:
(a) in town centres
(b) in other areas
(iii) Hospitals..
(iv) Railways..
(v) Airports and airfields
6. Mining
7. Other land

Total acreage of planning area


PART IV

(Regulation 9)

BASIC MAP

Use Symbol Colour

1. Boundary of planning Thick dot/dash line


3/ inch blue 2.1 border area
8
outside boundary
2. Boundary of local or Thick dotted line
ownship authority area with name of
authorities inside
boundary
3. Boundary of comprehensive Small inverted "v's"
Opaque white ink border
development area inside boundary inside boundary
4. Limits of underground Dash three dot line
mineral working
5. Land subject to special Edged and wide
restrictions hatched with nature
of restriction shown
6. Reservations
(a) Aerodrome or airstrip ..... . AD ...................... Yellow green 1.2
Allotment, public............ . AL ...................... Green brown 1.1
Forest reserve ................. . WR ..................... Green brown 1.1
Protected woodland ........ . WP ..................... Green brown 1.1
(b) Open spaces:
Public:
Garden or park................ O
Golf course ..................... OG
Playing field, tennis court, etc. OF
Race track....................... OR
Stadium........................... OS
Private:
Garden or park................ O2
Golf course ..................... O2G
Playing field, tennis court, etc. O2F
Race track....................... O2R
Miscellaneous:
Camping site................... CS....................... Yellow green 1.2
Caravan site .................... CA ...................... Yellow green 1.2
Camping and caravan site ............................ CAS Yellow green
1.2 ........................................
Magazine ........................ D with danger area Grey 1.3 inside
a F inch
in thick circle...... grey 1 border
Mission .. ........................ M ........................ Brown 2.3 diluted 1:16
(c) Public buildings and places of assembly
Civic centre .................... P ......................... Red 1.1
Central or local government .......................... P2 Red 1.1 office
Drive-in cinema.............. P9 ....................... Green grey 1.1

(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

(e) Hospital ......................... H......................... Red 1.1 (where large


Hospital, mental ............. HM ..................... grounds are attached
-yellow green 1.2)
(f) Public undertaking ......... Red brown 1.1
Electricity ....................... X
Water .............................. X2
Sewage disposal ............. X3
Refuse disposal............... X4
Fire station...................... X5
Wireless or television station X6

Use Symbol Colour

(g) School, college, etc. Red 1.1 (where large


Primary school................ S grounds are attached
Secondary school............ S2 -yellow green 1.2)
Teachers' training school S3
Trade school ................... S4
Technical institute .......... S5
Other schools.................. S6
Boarding or residential schools
and private schools should be
distinguished by adding the
letter "R" or "P" after the
appropriate symbol.
(h) Vehicle parks
Car park .......................... CP....................... Green grey 1
Bus or lorry park ............ VP....................... Green grey 1
Roadside parking in principal Black chevrons along
business area................... portion so used
7. Communications
Railway operational area..... T ......................... Light Paynes grey
water colour
Roads
Existing inter-territorial....... Thick solid line
or territorial main
roads
New road or road widening Thick broken line
with number and
ultimate width in
G inch diameter
circle
Road closure Narrow
hatching ....
over portion
affected
and number
in .........
1/4 inch
diameter ....
circle
8. Building line Dot dash line with
distance in black
9. Land covered by water ... L ........................ Blue 1
Zones
10. Residential
(a) Residential...................... R ......................... Yellow 2.1
(b) Special residential .......... RS....................... Yellow 2
(c) Deferred residential ....... RD ...................... Yellow 2.3
(d) Site and service scheme. RSS..................... Brown 1.1
11. Commercial
General business.................. B ......................... Blue 2.1
Special business .................. B2 ....................... Blue 2
Office .................................. - .......................... Green blue 1.1

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

Use Symbol Colour

(c) Deferred industry unclassified FD Outer edge of F


inch
red purple 1.3 border

13. Undetermined .................... U......................... Blue 2 diluted 1.32

14. Rural ................................. UL ...................... Yellow brown 1.2

15. Agricultural ....................... AG ...................... Green brown 1.4


16. Diagrammatic reservations 1/2 inch diameter circle
(Regulation 9 (3)) with appropriate symbol
(As amended by No. 323 of 1968 and No. 336 of 1969)

PART V

(Regulation 10)

DESIGNATION MAP
Use Symbol Colour

1. Boundary of planning area Think dot/dash line


Inner edge of 3/8 inch
cobalt blue ink border
2. Boundary of local or township Thick dotted line with
authority area name of authority
inside boundary
3. Each area to be compulsorily Thick line around
Orange 1 inside red 1
acquired. boundary and border
numbered

PART VI

(Regulation 11)

COMPREHENSIVE DEVELOPMENT MAP

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)

NOTICE OF SUBMISSION OF DEVELOPMENT PLAN

THE TOWN AND COUNTRY PLANNING ACT

(Name of Planning Authority)

(Title of Development Plan)


NOTICE IS HEREBY GIVEN that the above Development Plan was on the day
of submitted to the Minister of Provincial
and Local Government for approval.
The Development Plan relates to land situate within

A duplicate of the Development Plan as submitted for approval has been


deposited for
public inspection at the offices of the Planning Authority
at
The duplicate so deposited is available for inspection free of charge by all persons
interested at the above-mentioned address between the hours of and

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)

NOTICE OF APPROVAL OF DEVELOPMENT PLAN

THE TOWN AND COUNTRY PLANNING ACT

(Name of Planning Authority)

(Title of Development Plan)


NOTICE IS HEREBY GIVEN that on the day of .............
the Minister of Provincial and Local Government Approved (with modifications) the above
Development Plan.
A certified copy of the Development Plan as approved has been deposited at the offices
of the Planning Authority
at
(1) and at the offices of the
at
The copy of the Development Plan so deposited will be open for inspection free of
charge by an interested person between the hours of

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

(Enforcement Notices) Regulations.

2. These Regulations shall apply to any enforcement notice served Application

under the provisions of section thirty-one of the Act.

3. In these Regulations, unless the context otherwise requires- Interpretation

"enforcement notice" means an enforcement notice served under the


provisions of section thirty-one of the Act;

"planning authority" means a planning authority to which functions


have been delegated under the provisions of section twenty-four of the
Act.
(As amended by No. 65 of 1965)

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 register containing the following information in respect of every


enforcement notice he or it serves, namely:

(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;

(b) the date the enforcement notice is to take effect;


(c) the date and effect of any determination of the Tribunal in
respect of an appeal against 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.

(2) Every enforcement notice in respect of which an entry is made in the


register shall be numbered and such numbers shall run consecutively.

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

happening of the event in respect of which an entry is required to be


made.

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

subject to which permission for the development\subdivision of land as described


hereunder was granted in respect thereof under Part V of the Town and Country Planning
Act has/have not been complied with.
2. (Description of development or subdivision of land)

3. You are hereby required to (describe the steps to be taken)

within a period of from the


date of this notice or such extended period as the
Planning Authority/Natural Resources Board/Minister of Provincial and Local Govern-
ment may in writing allow, failing which the
Planning Authority/Natural Resources Board/Minister of Provincial and Local
Government may enter on the land and do those things and may recover as a civil debt in
any court of competent jurisdiction from the person who is then the owner of the land to
which this
notice relates any expenses reasonably incurred by the said
Planning Authority/Natural Resources Board/Minister of Provincial and Local
Government in that behalf.
4. If any person uses or causes or permits to be used the land to which this notice relates
or carries out or causes or permits to be carried out operations on the said land in
contravention of this notice without the grant of permission in that behalf under Part V of
the Town and Country Planning Act, he shall be guilty of an offence.
5. This notice shall take effect on the ..... .... day of ........... 19........
6. If you are aggrieved by this notice you may appeal to the Town and Country Planning
Tribunal in accordance with the Town and Country Planning (Appeals) Regulations before
the aforesaid..........................................day of ..................................19.... in which case the
operation of this notice shall be suspended pending the final determination or withdrawal of
the appeal.
Dated this .......................................... .day of (Signed)
................................................. 19....

*Delete whichever is inapplicable.


PART II
ENFORCEMENT NOTICE

THE TOWN AND COUNTRY PLANNING ACT (Section 31 (2))


To

1. You are hereby required to


(describe steps to be taken and the description of the property)

within a period of from the date of this


notice or such extended period as the Planning
Authority/Natural Resources Board/Minister of Provincial and Local Government may in
writing allow.
2. If any person uses or causes or permits to be used the land to which this notice relates
or carries out or causes or permits to be carried out operations on the said land in
contravention of this notice without the grant of permission in that behalf under Part V of
the Town and Country Planning Act, he shall be guilty of an offence.
3. This notice shall take effect on the day of
19...........
4. If you are aggrieved by this notice you may appeal to the Town and Country Planning
Tribunal in accordance with the Town and Country Planning (Appeals) Regulations before
the aforesaid day of...................................19...........
in which case the operation of this notice shall be suspended pending the final
determination or withdrawal of the appeal.
5. In certain circumstances a claim for compensation may arise as a result of this notice and
the circumstances in which such compensation is payable are set out in Part VI of the Town
and Country Planning Act.
Dated this .......................................... .day of (Signed)
................................................. 19....
Government
SECTION 53-THE TOWN AND COUNTRY PLANNING Notice
(USE GROUPS) REGULATIONS 359 of 1962

Regulations by the Minister

1. These Regulations may be cited as the Town and Country Planning Title

(Use Groups) Regulations.

2. These Regulations shall apply to all land- Application

(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.

3. In these Regulations, unless the context otherwise requires- Interpretation

"building" includes any structure or erection and any part of a building


so defined, but does not include plant or machinery comprised in a
building, and references to a building shall, except where otherwise
provided, include references to land occupied therewith and used for the
same purposes as that building;

"funfair" includes an amusement arcade or pin-table saloon;

"general industrial building" means an industrial building other than a


light industrial building or a special industrial building;

"industrial building" means a building (other than a shop, or a building


in or adjacent to and belonging to a quarry or mine) used for the carrying
on of any process for or incidental to any of the following purposes,
namely:

(a) the making of any article or of any part of an article; or

(b) the alteration, repair, ornamentation, finishing, cleaning,


washing, packing or canning, or adapting for sale, or breaking up or
demolition of any article; or

(c) without prejudice to the foregoing paragraphs, the getting,


dressing or treatment of minerals;

being a process carried on in the course of trade or business other


than agriculture;

"light industrial building" means an industrial building (not being a


special industrial building) in which the processes carried on or the
machinery installed are such as could be carried on or installed in any
residential area without detriment to the amenity of that area by reason
of noise, vibration, smell, fumes, smoke, soot, ash, dust or grift;

"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;

"special industrial building" means an industrial building used for one or


more of the purposes specified in Use Groups 18, 19, 20, 21 and 22 in
the Schedule.

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.

(2) A use which is ordinarily incidental to and included in any use


specified in the Schedule is not excluded from that use as an incident
thereto merely by reason of its specification in the Schedule as a
separate use.
SCHEDULE
(Regulations 3 and 4)

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.

NOTICES AND ORDERS MADE UNDER THE


TOWN PLANNING ACT-CHAPTER 123
OF THE 1959 EDITION OF THE LAWS

(Section 15 of the Interpretation and General Provisions Act)

APPROVED SCHEMES

Area Government Notice

Avondale Park 88 of 1956 as amended by 219 of 1957

Barlaston Park 214 of 1954

Buckley's 242 of 1952

Buckley's 156 of 1957

Chelston 94 of 1960 as amended by 102 of 1960

Chingola 351 of 1959

Handsworth Park 47 of 1955 as amended by 8 and 268 of 1962

Jesmondene 153 of 1956

Kabwe 246 of 1962

Kabwe 248 of 1962

Kitwe 291 of 1958 and 7 of 1959


Kitwe 266 of 1962

Kitwe 322 of 1962

Lilanda 137 of 1958 as amended by 323 of 1959, 315 of 1961 and 100 and
347 of 1962

Luanshya 187 of 1961

Lusaka 300 of 1952 as amended by 237 of 1963

Lusaka 289 of 1958 and 8 of 1959 and 99 of 1964

Mufulira 174 of 1961 as amended by 206 of 1963

St. Mary's Estate 157 of 1956

PREPARATION BY THE TOWN PLANNING BOARD


OF A SCHEME FOR CERTAIN AREAS

Area Government Notice

Kitwe 314 of 1961

Luanshya 346 of 1962

Lusaka 326 of 1962

Ndola 316 of 1958

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

(Delegation of Functions) Order

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.

3. Government Notice No. 354 of 1962 is hereby revoked. Revocation of


G.N. No.
345 of 1962

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

Starting at the confluence of the Zambezi and Nakakuyu Rivers, the


boundary proceedings up the Nakakuyu River for a distance of 550
meters to the confluence of the Nakakuyu River with an unnamed
tributary; thence the boundary proceeds up this unnamed stream to its
confluence with another second unnamed stream; thence the boundary
proceeds up the second unnamed stream crossing the Chirundu/Kafue
Road-T2 Road to its source; thence on a bearing of 66 degrees for a
distance of 960 meters to point D at the source of an unnamed tributary
of the Namusasu River; thence down the Namusasu River to its
confluence with the Zambezi River; thence in a straight line to the
international boundary between Zambia and Zimbabwe; thence up the
Zambezi River; thence in a straight line in the north-western direction to
the confluence of the Nakakuyu and Zambezi Rivers, the point of
starting.
1. all bearings and distances are approximate; and
2. bearings are taken from the North.
The above described area in extent 395 hectares approximately is shown
bordered green on Plan No. T86/3 deposited in the Office of the
Surveyor-General, signed by him and dated 29th May, 1992.

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

13. Local authorities


14. (Repealed by No. 52 of 1970)

15. Members of Fund


16. Evidence of health
17. (Repealed by No. 52 of 1970)

18. Temporary employees

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

25. Retirement benefit


26. Retirement due to age, etc.
27. Retirement due to ill health
28. Retirement due to reorganisation, etc.
29. Retirement in favour of citizens of Zambia
30. Lump sum where annuity not payable
31. Retirement of female member on marriage
32. Dismissal
33. Lump sum in other cases
34. Re-employment of member
35. Death of member
36. Benefits not assignable
37. Annuity on insolvency
38. Effect of conviction

PART VII
MISCELLANEOUS

39. Interchange and secondment of members


40. Powers of Committee
41. Rules
42. Indemnities
43. Disputes
44. Application
45. Recovery of debts from benefits
46. Information to be furnished by or in respect of eligible
employees and members
47. Payment to dependants
48. Payment of benefits free of bank commission

FIRST SCHEDULE-Amounts payable in terms of section 25 (b) in


commutation of each K1 of annuity on retirement in terms of section 26,
28 or 29

SECOND SCHEDULE-Calculation of additional retirement benefit for


the purposes of section 29

THIRD SCHEDULE-Amounts payable in commutation of each K1 of


annuity on retirement in terms of section 28 or 29

CHAPTER 284 22 of 1962


22 of 1964
69 of 1965
LOCAL AUTHORITIES SUPERANNUATION FUND Government
Notices
An Act to make provision for the establishment of a 202 of 1964
Superannuation Fund for employees of local authorities 497 of 1964
and other public bodies; to provide for the vesting of Act
such Fund in a Management Committee and for the 52 of 1970
powers and duties of such Committee; to provide for 17 of 1989
the payment of contributions to and pensions and 14 of 1990
gratuities from such Fund; and to provide for matters 26 of 1991
incidental to and connected with the foregoing. 27 of 1992
[1st May, 1963] 13 of 1993

PART I

PRELIMINARY

1. This Act may be cited as the Local Authorities Superannuation Fund Short title
Act.

2. In this Act, unless the context otherwise requires- Interpretation

"the actuary" means the actuary appointed under the provisions of


subsection (1) of section nine;

"admitted in ill health", in relation to a member, means admitted to the


Fund on the basis of paragraph (b) of subsection (2) of section sixteen,
or deemed to have been admitted in ill health by virtue of the provisions
of subsection (3) or (4) of the said section;

"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;

"associated authority" means a local authority declared to be an


associated authority under the provisions of subsection (1) of section
thirteen and a local authority which becomes an associated authority
under the provisions of subsection (3) of the said section;
"benefit" means a retirement benefit, additional retirement benefit,
annuity, lump sum or other benefit payable to a member or his
dependants out of the Fund;

"Board" means the Board of the local Authorities Superannuation Fund


established under section five;

"continuous service" has the meaning assigned to it by section three;

"contributions" includes contributions paid into the existing fund;

"dependant", in relation to a member, means-

(a) any of the following persons whose name has been notified to
the Committee in writing by such member:

(i) the spouse or minor child of such member;

(ii) a parent, brother, sister, stepchild, minor adopted


child or adult child of such member wholly or in
part dependent upon such member for support
and maintenance; and

(iii) any other person who satisfies the Committee


that he is wholly dependent upon such member
for support and maintenance; or

(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-

(i) the spouse of such member;

(ii) if such spouse is deceased, all minor children of


such member together with all minor
stepchildren and minor adopted children of such
member who are wholly or in part dependent
upon him for support and maintenance;

"designated employees" means-


(a) all officers of an associated authority; and

(b) all servants of an associated authority who belong to a class or


description which the associated authority has by a statutory resolution
specified as a class or description, the members of, or persons falling
within which, are to be designated employees;

"eligible employee" means-

(a) an officer or servant in the whole time service of a local


authority on a permanent engagement; or

(b) an officer or servant engaged under contract who at the


*commencement of Act No. 52 of 1970 is a member of the Fund;

* 27th October, 1970.

who has attained the age of eighteen years and who is a


designated employee;

"employer", in relation to any person, means the local authority by


which such person is employed;

"existing fund" means the Zambia Local Authorities Superannuation


Fund established under the provisions of the Zambia Local Authorities
(Superannuation Fund) Rules, 1954;
*27th October, 1970.

"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

"the Fund" means the Local Authorities Superannuation Fund


established under the provisions of section four;

"the Inaugural Committee" means the committee managing the existing


fund immediately before the commencement of this Act;

"local authority" means-

(a) city council;


(b) a municipal council;

(c) a township council;

(d) a district council;

(e) the Committee;

(f) any other authority or body of persons of Zambia which the


Minister may, at the request of such authority or body and with the prior
approval of the Committee, declare by statutory notice to be a local
authority for the purposes of this Act;

"member" means any employee of a local authority who is contributing


to the Fund and any person who is in receipt of an annuity;

"officer" means an employee as to whom either of the following


conditions is satisfied, that is to say:

(a) that his duties are wholly or mainly administrative, professional


or technical; or

(b) that his salary or wages, including cost-of-living allowance, if


any, is at a rate greater than five hundred kwacha per annum;

"pension age" means the age of fifty-five years;

"pensionable emoluments" means-

(a) salary or wages, including cost-of-living allowance, if any;

(b) whenever free quarters are provided as a condition of service, an


amount equal to one-sixth of the amount mentioned in paragraph (a) of
this definition, subject to a maximum of four hundred kwacha; or

(c) where any allowance is given in lieu of the provision of free


quarters, an amount equal to one-sixth of the amount mentioned in
paragraph (a) of this
definition, subject to a maximum of four hundred
kwacha;
but does not include any other allowance or any bonus or
payment for overtime;

"retirement benefit" means the benefits mentioned in section


twenty-five;

"retiring pensionable emoluments" means the members annual salary at


the time of retiment;

"servant" means an employee who is not an officer and who has


completed two years' unbroken service with an associated authority;

"statutory resolution" means, in relation to an associated authority, a


resolution passed in the manner in which an ordinary resolution of the
authority may be passed, except that twenty-eight days' notice of the
meeting at which the resolution is passed and of the terms of the
resolution and the fact that it is to be proposed at that meeting, must be
given in the manner in which notice for convening ordinary meetings of
the authority may be given;

"whole time service" means service wherein an employee devotes


substantially the whole of his time in the employment of one or more
local authorities.
(As amended by No. 22 of 1964, No. 69 of 1965,
Act No. 52 of 1970,
17 of 1989,
No. 14 of 1990
and No. 13 of 1994)

3. (1) For the purposes of this Act- Continuous


"continuous service" means the last unbroken service with a local service
authority after the attainment of the age of eighteen years, and such
service shall be calculated by the year and the month, any fraction of a
month being disregarded:
Provided that where a member has made a payment for the
purpose of reckoning service in accordance with the provisions of any
rule made under paragraph (e) of subsection (1) of section forty-one, a
local authority shall include a local authority, other than an associated
authority, constituted under the law of the country concerned and shall
also include a civil service, a public authority or a board where
superannuation transfer rights exist in the country concerned between
local authorities of that country and such service, authority or board.

(2) In determining the last unbroken service of any person, the


following shall not constitute breaks in service:

(a) authorised leave of absence;

(b) a break in service regarded as leave without pay or otherwise


condoned by the Committee;

(c) a period of suspension followed by reinstatement in the same or


another office or post;

(d) a break in service whilst transferring from one associated


authority to another if such break is condoned by the Committee;

(e) a period of war service with Her Britannic Majesty's Armed or


Civil Defence Forces prior to the 1st January, 1954.

(3) In calculating the period of the continuous service of a member, any


period in respect of which such member did not make payments to the
existing fund or to the Fund after the local authority concerned first
became associated with the existing fund or became an associated
authority shall not be taken into account.
(As amended by No. 52 of 1970)

PART II

ESTABLISHMENT OF FUND AND MANAGEMENT


COMMITTEE

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.

(2) Until the Management Committee has been constituted in


accordance with rules made under the provisions of section forty-one,
the Inaugural Committee may exercise the powers and perform the
duties conferred or imposed upon the Committee by this Act, but, as
soon as the Management Committee has been so constituted, the
Minister shall thereupon publish a statutory notice dissolving the
Inaugural Committee.
(As amended by Act no 17 of 1989)

PART III

FINANCE AND MANAGEMENT

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.

7. The Fund shall consist of- Property of


(a) the assets vested in the Committee under the provisions of Fund
section six;
(b) contributions and interest paid into the Fund in accordance with
the provisions of this Act;
(c) income and capital appreciation derived from the holding of the
assets of the Fund in any form;
(d) any other sums or assets accruing to the Fund.
8. There shall be charged on and discharged from the Fund- Application of
(a) the payment of benefits in accordance with the provisions of this Fund
Act;
(b) the whole of the expenses incurred in connection with or
incidental to the management and administration of the Fund, including
the cost of staff and the audit and actuarial investigations of the Fund;
(c) any losses incurred on the realisation, or decrease in the value, of
any assets of the Fund;
(d) any other payments authorised to be made out of the Fund under
the provisions of this Act or rules made thereunder.

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

(2) The Committee shall appoint a person to be Chief Executive and


may appoint such other officers as may be required for the efficient
administration of the Fund.
(As amended by Act no 17 of 1989)

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:

Provided that no such amount shall be specified when the


Government's original contributions have been refunded to the
Government;

(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-

(a) increase or decrease the rates of contribution payable in respect


of members:

Provided that contributions payable by associated authorities


shall never be lower than the contributions payable by members;

(b) require any associated authority to pay such sums of money as


the actuary may determine to cover any deficiency directly attributable
to the action of such authority.

(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

(d) whether the expenses of the Committee incurred in the year


concerned in connection with or incidental to the management and
administration of the Fund exceed seven per centum of the total income
of the Fund for the year.

(4) The Committee shall consider any recommendation made by the


auditor under paragraph (d of subsection (3) and may require the
associated authority, from which expenses are recommended by the
auditor to be recovered, to pay those expenses.

(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;

(b) in deposits with or in the shares of any registered building


society or any registered commercial bank, subject to the prior written
approval of the Minister;

(c) in stocks, securities or funds issued by or on behalf of the


Government or in stocks, securities or funds guaranteed by the
Government;

(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;

(e) in such other security or securities as may be approved,


generally or specially, by the Minister.

(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.

(4) Any contribution payable by the associated authorities under the


provisions of subsection (2) shall be contributed by such authorities in
proportion to the contributions paid by each such authority in respect of
the current service of members during the financial year in respect of
which such contribution is payable.
(As amended by Act no 14 of 1990)

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.

(2) A local authority not referred to in subsection (1) may make


application to the Committee for admission to the Fund and, after
considering a report made by the actuary on such application, the
Committee shall, subject to the approval of the Minister, inform such
local authority of the terms and conditions upon, and the date from,
which it is prepared to admit such local authority to the Fund.

(3) Upon written notification by a local authority which has made


application under subsection (2) to the Committee that such local
authority has accepted the terms, conditions and date notified to it under
the said subsection, such local authority shall become an associated
authority with effect from the said date.

(4) Notwithstanding the provisions of any other written law, an


associated authority shall not have power to discontinue its association
with the Fund.

14. (Repealed by No. 52 of 1970)

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.

(4) Subject to the provisions of subsection (6), where a local authority


becomes an associated authority on some date (herein after referred to as
the admission date) subsequent to the appointed day-

(a) any person who was an eligible employee of such authority on


the admission date 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 admission date
and shall on giving such notice become a member with effect from the
admission date:

Provided that on such admission date the age of such person


does not exceed fifty years and he has not at any time prior to the
admission date been eligible for membership of either the existing fund
or the Fund and failed to become a member;

(b) any person who becomes an eligible employee of such authority


after the admission date shall become a member upon the date upon
which he becomes an eligible employee if, at that date, his age does not
exceed fifty years and if he has not at any time prior to the admission
date been eligible for membership of either the existing fund or the Fund
and failed to become a member.

(5) An associated authority shall notify the Committee immediately any


of its employees become members under the provisions of subsections
(2), (3) and (4).

(6) A person who being an eligible employee becomes a member of the


Fund shall, subject to the provisions of section thirty-four, continue to
be a member so long as he continues in the employment of an associated
authority, whether or not he remains an eligible employee.
(As amended by No. 52 of 1970)

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.

(2) If, on consideration of the evidence provided by a member under


subsection (1), the Committee is of the opinion that such member-

(a) is in a good state of health, he shall be eligible for full benefits in


accordance with the provisions of this Act; or

(b) is not in a good state of health, he shall be eligible for full


benefits except as otherwise expressly provided by this Act.

(3) Any member who fails to comply with the requirements of


subsection (1) shall be deemed not to be in a good state of health and to
have been admitted in ill health.

(4) Where the Committtee is satisfied that a member has knowingly


made any false statement, or has knowingly failed to disclose any
information relating to his state of health, and that, by reason of such
statement or failure, the Committee was wrongly induced to form the
opinion that such member was in a good state of health, the Committee
may, in its discretion, determine that such member was not in a good
state of health at the date of his admission to membership of the Fund
and shall be deemed to have been admitted in ill health.
(As amended by No. 52 of 1970)

17. (Repealed by No. 52 of 1970)

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

(2) Any member who elects to regard temporary service as continuous


service under subsection (2) of section eighteen shall pay contributions
to the Fund, together with two per centum of such contributions in
respect of each year or part of a year included in the period concerned in
one sum or in such instalments as the Committee may direct, together
with interest, at such rate not exceeding eight per centum per annum as
the Committee may determine, upon any portion of such amount
remaining unpaid after the date upon which he became an eligible
employee:

Provided that all contributions under this subsection shall be paid within
two years of the date of the first payment made in respect thereof.

*27th October, 1970.

(3) Where payment of contributions is being made by instalments and


the member concerned dies or ceases to contribute to the Fund before he
has completed the payment of such instalment, any benefit to which he
or his dependants or estate are entitled shall be calculated as if he had
completed the payment of such instalments and-

(a) where a lump sum is payable, the balance of such instalments,


together with interest at such rate not exceeding eight per centum per
annum as the Committee may determine, shall be deducted from such
lump sum; or

(b) where an annuity is payable, the instalments outstanding,


together with interest at such rate not exceeding eight per centum per
annum as the Committee may determine, shall be deducted from the
annuity payments, and, if the member concerned dies before such
instalments and such interest are recovered, the balance outstanding
shall be deducted from any payments from the Fund which thereupon
become payable.
(As amended by Act No. 7 of 1989)

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-

(a) certify to the Committee in writing the amount of the


contributions and interest deducted from members in the employ of such
authority during the preceding month and shall pay such amount into the
Fund; and

(b) furnish to the Committee such further information as the


Committee may require for the purposes of this Act.

(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.

(2) Where a member is on leave without pay, he may elect to pay


contributions to the Fund for the period of such leave based on the full
pensionable emoluments received by him in the month immediately
preceding that in which such leave commenced, and for all the purposes
of this Act his pensionable emoluments shall be deemed to be those
received by him in such month for so long as he is on such leave, but
failing such election no contributions shall be payable by or in respect of
such member for such period, and such period shall not be reckoned in
calculating the continuous service of such member.

(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 the Committee may, upon written application made by


such member in that behalf, permit such contributions and interest to be
recovered by the associated authority concerned from the emoluments
of such member over a period of not more than six months together with
additional interest at the rate of four per centum per annum.

23. Notwithstanding any other provisions of this Act, if the Probationary


appointment of a member is not confirmed by the associated authority service
concerned after a probationary period not exceeding six months, he shall
cease to be a member and all contributions paid by, or in respect of, him
shall be refunded to the member or the associated authority concerned,
as the case may be:

Provided that-

(i) where a member who has not completed such probationary


period leaves the employment of the local authority concerned and
thereupon enters the employment of another associated authority, he
shall not cease to be a member and such contributions shall not be
refunded as aforesaid;

(ii) a member whose probationary period is extended by the


associated authority concerned beyond six months by not more than
another six months shall not cease to be a member and such
contributions shall not be refunded as aforesaid if, at the expiry of the
first six months of his probationary period, he produces to the
Committee a certificate or other evidence from such associated
authority that his probationary period has been so extended.

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.

(2) Where the pensionable emoluments of a member are temporarily


reduced and he has elected to contribute to the Fund on the basis of his
pensionable emoluments immediately prior to such reduction, the
Committee may, upon written application made in that behalf by the
member at the time of such reduction, permit the difference between the
contributions payable on the basis of his full pensionable emoluments
and his reduced emoluments to be recovered by the associated authority
concerned from the emoluments of such member over a period of not
more than six months from the restoration of his full pensionable
emoluments.

(3) If a member transfers from the service of one associated authority to


the service of another such authority, and his pensionable emoluments
with such latter authority are less than those he enjoyed immediately
prior to such transfer, the provisions of subsection (1) shall, mutatis
mutandis, apply:

Provided that-

(i) such member did not leave the service of the former authority on
account of misconduct; and

(ii) the consent of the authority to which he has transferred is first


obtained.

PART VI

RETIREMENTS AND BENEFITS

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.

26. (1) A member- Retirement due


to age, etc.

(a) shall retire on attaining pension age;


(b) may, on giving due notice, retire at any time during the five
years before that member attains pension age; or

(c) shall retire after completing twenty-two years of service;

(2) A member who retires under subsection (1) shall be granted


terminal benefits.

(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-

(a) was not occasioned by his own default, and-


(i) if he was admitted to the Fund on the basis of paragraph (a) of
subsection (2) of section sixteen and has had at least ten years'
continuous service, he shall be granted a retirement benefit;
(ii) if he was admitted in ill health, he shall be granted the benefit
mentioned in section thirty;

(b) was occasioned by his own default, he shall be granted a lump


sum in accordance with the provisions of section thirty-three as if he had
retired voluntarily.

(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:

Provided that, if such practitioners cannot reach agreement, they may


appoint a third medical practitioner to act with them as a third member
of the board, or, failing such appointment within a reasonable time, the
Committee may appoint a medical practitioner to act as such third
member, and, in either such case, a report of the majority of the
members of the board shall be deemed to be the report of the board.

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) such member shall be granted a retirement benefit; and

(b) one-third of the retirement benefit payable to such member may


be commuted for a lump sum at the rate laid down for his age, at the date
of the termination of his service, in the First Schedule.

(2) A member entitled to the benefits mentioned in subsection (1) may


elect that the provisions of this subsection shall apply to him instead of
the provisions of subsection (1) and if he so elects-

(a) the retirement benefit to which the member is entitled shall be


payable annually until the date on which he attains the pension age and
shall then cease:

Provided that in the event of the death of such beneficiary


prior to the date on which he would have attained the pension age, his
widow and children shall be entitled to a benefit calculated in
accordance with the provisions of subsection (2) of section thiry-five,
and it shall be payable until the date upon which such beneficiary would
have attained the pension age and shall then cease; and

(b) he shall receive a lump sum equal to the amount of his


contributions and of all other contributions paid in respect of his service,
together with interest thereon at the rate of four per centum per annum,
compounded annually; and

(c) one-third of any retirement benefit payable to him may be


commuted at a rate laid down for his age, at the date of the termination
of his service, in the Third Schedule.
(3) The employer of a member entitled to the benefits mentioned in
subsection (1) or (2) 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; and

(b) all benefits paid to the widow and children in accordance with
the provisions of paragraph (a) of subsection (2); and

(c) such portion of any lump sum paid to the member in


commutation of any portion of his retirement benefit as the actuary may
recommend.

(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-

(a) a retirement benefit for each completed month of continuous


service up to the date of termination calculated in accordance with
section twenty-five; and

(b) except in the case of a married female member, an additional


retirement benefit for each completed month of continuous service, not
exceeding a total of three hundred and sixty months, calculated at the
rate laid down for his age at the date of termination in the Second
Schedule.

(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

(b) one-third of any retirement benefit or additional retirement


benefit payable to the member may be commuted for a lump sum at the
rate laid down for his age at the date of termination in the First Schedule.

(3) A member entitled to the benefits mentioned in subsection (1) may


elect that the provisions of this subsection shall apply to him and, if he
so elects-
(a) the retirement benefit to which the member is entitled shall be
payable annually until the date on which he attains the pension age and
shall then cease:

Provided that, in the event of the death of such beneficiary


prior to the date on which he would have attained the pension age, his
widow and children shall be entitled to a benefit calculated in
accordance with the provisions of subsection (2) of section thirty-five,
and it shall be payable until the date upon which such beneficiary would
have attained the pension age and shall then cease;

(b) the additional retirement benefit to which the member is entitled


shall be payable annually during his lifetime;

(c) he shall receive a lump sum equal to the amount of his


contributions and of all other contributions paid in respect of his service,
together with interest thereon at the rate of four per centum per annum,
compounded annually; and

(d) one-third of any retirment benefit or additional retirement


benefit payable to him may be commuted-
(i) in the case of a retirement benefit, at the rate laid down for his
age, at the date of the termination of his service, in the Third Schedule;
and
(ii) in the case of an additional retirement benefit, at the rate laid
down for his age, at the date of the termination of his service, in the First
Schedule.

(4) An election made under subsection (3)-

(a) shall be made in writing to the Committee; and

(b) shall be irrevocable.

(5) An additional retirement benefit to which a member is entitled under


paragraph (b) of subsection (1) shall not be construed as an annuity for
the purposes of section thirty-five.

(6) The aggregate of the retirement benefit and additional retirement


benefit to which, before deduction of any communtation, a member is
entitled under subsection (1) shall not exceed-

(a) the retirement benefit which he would have been entitled to be


granted had he continued until he attained the pension age to hold the
office held by him immediately before the date of termination; or

(b) forty-seven sixtieths of the annual average of pensionable


emoluments on which his retirement benefit is calculated.

(7) Where a member is entitled to the benefits mentioned in subsection


(1) and to any sums payable in pursuance of a contract between the
member and his employer by way of liquidated damages for breach of
that contract, then, notwithstanding the foregoing provisions of this
section, no additional retirement benefit or lump sum in commutation of
any portion thereof shall be payable to the member under this section
until such time as the sums paid in pursuance of the contract are equal to
the amount of the additional retirement benefit which would have been
payable to the member if this subsection had not been in force.

(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);

(c) such proportion of any lump sum paid to the member in


commutation of any portion of his retirement benefit as the actuary may
recommend;

(d) all additional retirement benefits paid to the member; and

(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.

(10) For the purposes of this section-


"date of termination" means the date on which the termination of the
services of a member takes effect;
"married female member" does not include a female member living
apart from her husband under a decree of court or a deed of separation.
(No. 22d of as amended by No. 52 of 1970)

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)

32. If a member is dismissed from the service of his employer as a Dismissal


result of his grave misconduct, dishonesty or fraud, or if he is allowed to
resign or retire in order to avoid such dismissal, he shall receive a lump
sum equal to the amount of the contributions paid by him, and, for the
purposes of this section, any resignation tendered by a member during
an inquiry into his conduct and before the result of such inquiry is
announced shall be deemed to be a resignation in order to avoid
dismissal.

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.

34. If a member leaves the service of his employer in the Re-employment


circumstances in which the provisions of section twenty-three, thirty, of member
thirty-one or thirty-three apply to him, and is re-employed in
circumstances in which he qualifies as an eligible employee by the same
or any other associated authority within twelve months or such longer
period as the Committee may approve of the date of his leaving such
service, the break in his service shall be condoned and he shall again
contribute to the Fund as from the date of his re-employment:

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-

* 27th October, 1970.

(a) his widow shall be granted a lump sum equal to one-quarter of


his retiring pensionable emoluments and an annuity equal to
one-two-thousandth of his retiring pensionable emoluments for each
completed month of the period which is the sum of-
(i) his continuous service; and
(ii) one-half of the period from the date of his death up to the date on
which he would have attained the pension age had he lived; and

(b) an annuity shall be granted in respect of his children equal to-


(i) three-quarters of the annuity payable to his widow for so long as
there are three or more children; or
(ii) one-half of the annuity payable to his widow for so long as there
are two children; or
(iii) one-quarter of the annuity payable to his widow for so long as
there is one child:

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-

* 27th October, 1970.

(a) his widow shall be granted an annuity equal to thirty-six per


centum of the annuity, before any commutation, to which he became
entitled on retirement; and

(b) an annuity calculated in terms of sub-paragraph (i), (ii) or (iii) of


paragraph (b) of subsection (1), as the case may be, shall be granted in
respect of his children.

(3) Subject to the provisions of section thirty, if a male member dies


whilst in the service of his employer and no annuity is payable under
subsection (1), or if a female member dies whilst in the service

*27th October, 1970.

of her employer, there shall be paid to the dependants of such person a


lump sum equal to ten per centum of the deceased member's retiring
pensionable emoluments for each year of continuous service and five
per centum of his or her retiring pensionable emoluments for each year
of the period, reckoned in years and complete months, from the date of
his or her death up to the date on which he or she would have attained
the pension age had he or she lived:

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.

(5) If no claim is made by a dependant under subsection (3) or (4)


within six months after the death of a member and the Committee has,
within such six months, been unable to establish the existence or
whereabout of a dependant, it shall be assumed that no dependants exist,
and the provisions of subsection (3) or (4), as the case may be, shall
apply with the substitution of the word "estate" for the word
"dependant" therein, and there shall be no claim admissible on the Fund
after payment has been made accordingly.

(6) Subject to the provisions of this Act-

(a) an annuity granted to a member shall cease on his death;

(b) an annuity granted to a widow shall cease on her re-marriage or


death, and in such event any annuity granted in respect of the children of
her deceased husband shall be doubled;

(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:

Provided that the Committee may, in its absolute discretion,


apportion the annuity or lump sum amongst the children and pay any
child's portion to him direct or to such person on his behalf as it thinks
fit.

(7) Notwithstanding anything contained in this Act, when the final


annuity payment has been made under subsection (1) or (2) in respect of
a deceased member, if the total amount of the payments of lump sum
and annuity in terms of subsection (1) or (2) is less than the amount that
would have been paid under subsection (3) or (4), as the case may be,
where no annuity had become payable, the shortfall shall be paid to such
persons and at such times as the Committee deems fit.
(No. 52 of 1970)

36. (1) Except as provided in section forty-five, no benefit or right to a Benefits not
benefit shall- assignable

(a) be assignable or transferable except for the purpose of satisfying


an order of a court for the periodical payment of sums of money towards
the maintenance of the wife, or former wife, or minor child of the
member concerned; or

(b) be liable to be attached, sequestered or levied upon for or in


respect of any debt or claim whatsoever.

(2) If any member attempts to assign or transfer any benefit in


contravention of subsection (1), the Committee may withhold, suspend
or discontinue payment of such benefit, and may direct that the whole or
any portion of such benefit be paid to any dependants of such member
for such period as it may think fit.

37. (1) If any member in receipt of an annuity is adjudged a bankrupt or Annuity on


is declared insolvent by a court, the payment of such annuity shall insolvency
forthwith cease.

(2) Where payment of an annuity ceases under subsection (1), the


Committee may, in its discretion, from time to time during the
remainder of the life of such member, or during such shorter period or
periods, continuous or discontinuous, as the Committee shall think fit,
pay all or any part of such annuity for the maintenance and personal
support of such member or any or all of his dependants, and any such
payment made to such member shall be for his own personal use and
shall not in any way be attached or appropriated by the trustee in
bankruptcy or creditors of such member or form part of his insolvent
estate.

(3) Where the payment of an annuity ceases under subsection (1), it


shall be revived on the discharge in bankruptcy of the member
concerned, and in such event such annuity shall be paid to such member
at the same rate and under the same conditions as before the cessation of
payment, together with any arrears which may have accrued.

(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-

(a) providing for the establishment and composition of the


Committee and the terms of office of the members thereof;

(b) providing for the nomination or election of the members of the


Committee;

(c) providing for the formation of sub-committees of the Committee


and for the delegation of powers to sub-committees by the Committee;

(d) regulating the procedure of the Committee and of


sub-committees and prescribing the voting powers of members thereof;

(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;

(g) prescribing the extent to which retirement benefits granted prior


to a prescribed date shall be increased and providing that the last
employer of a member shall, out of its own revenue, refund to the
Committee all payments made, in accordance with rules made under this
paragraph, to such member or beneficiary, his widow, children or other
dependents;

(h) generally providing for the regulation, management and


administration of the Fund and all matters arising therefrom.

(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.

(4) Notwithstanding the provisions of the Laws of Zambia (Revised


Edition) Act, the Attorney-General shall not be obliged to publish in the
Laws of Zambia or in any periodical supplement to the Laws of Zambia
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

(2) If a member is indebted to the associated authority which employs


or employed him, the Committee shall, at the request of such authority,
pay such debt to such authority by deduction from any benefit payable
to such member or his dependants.

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

(a) of the date of his birth; and

(b) if he is a married man, or a widower with children or other


dependants, of the dates of birth of his wife, children and dependants (if
any); and

(c) if the eligible employee is either a single man or woman, with


dependants, of the dates of the births of his or her dependants.

(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-

(a) the birth of any child;

(b) the marriage of any child;

(c) the adoption of any child;

(d) the legitimation of any child;

(e) the death of his wife or any of his children or other dependants;

(f) the annulment or dissolution of his marriage.

(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-

(a) the date of death of such member;

(b) the birth, if any, of a posthumous child;

(c) the marriage, if any, of a child of such member;

(d) the death, if any, of a child or dependent of such member;

(e) in the case of a widow, her re-marriage, if any.

(5) A male member who contracts or who has contracted a marriage


under a system permitting of polygamy shall notify the Committee,
within three months of the event, at no expense to the Fund-

(a) the name of each wife;


(b) the names of the children of each marriage;

(c) the dissolution of any marriage, by death, divorce or annulment.

(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.

(7) No payment of any annuity, lump sum or other benefit to a widow,


child or other dependant shall be made until evidence of the events
necessary to satisfy the Committee of his or her entitlement to receive
such payments has been furnished.

(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

Rules by the Minister

1. These Rules may be cited as the Local Authorities Superannuation Title


Fund (Board) Rules.

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.

(2) In these Rules-


"member" means a member of the Board:
"General Manager" means the person appointed Chief Executive under
subsection (2) of section nine of the Act.

3. (1) The Board shall consist of the following members: Composition of


Board

(a) the Permanent Secretary in the Ministry responsible for local


government administration;

(b) the Deputy Secretary in charge of local authorities finances in


the Ministry responsible for local government administration;

(c) one member appointed by the Minister from four representatives


nominated by the Local Government Association of Zambia;

(d) one member appointed by the Minister from four representatives


nominated by Zambia Union Local Authorities Workers' Union;

(e) one member appointed by the Minister from two representatives


nominated by the management of Zambia Electricity Supply
Corporation (ZESCO);
(f) one member appointed by the Minister from two representatives
nominated by the Board of the National Housing Authority (NHA);

(g) one member appointed by the Minister from two representatives


nominated by the management of the Zambia National Providend Fund
(ZNPF); and

(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).

4. A member referred to in sub-rule (1) of rule 3- Tenure of office

(a) shall hold office-


(i) for a term of three years, but shall be eligible for re-appointment;
or
(ii) until his membership is revoked by the Minister;
(iii) until he ceases to be eligible to be a Board member; and

(b) may resign his office by giving not less than one month's notice
in writing to the Minister.

5. The office of member shall become vacant if- Vacation of


(a) in the case of member referred to in paragraph (a), (b), (d), (e), office
(f), (g) and (h) of rule 3, he absents himself from three consecutive
meetings of the Board without leave given by the Chairman; or
(b) in the case of a member referred to in paragraph (c) of rule 3 he
ceases to be a contributor to the Fund.

6. (1) The Board shall meet every two months during each period of Meetings
twelve months.

(2) A special meeting of the Board shall be called by the Chairman


within twenty-one days of the receipt by him of a written request in that
behalf signed by a majority of the members.
(3) Meetings of the Board shall be held in Lusaka provided that where
the situation so warrants the Chairman may convine a meeting to be held
outside Lusaka.

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.

8. Minutes of the proceedings of every meeting of the Board shall be Minutes of


regularly entered into a book to be kept for that purpose and such proceedings
minutes shall be evidence that they are a correct record by the Chairman
or by the person presiding over that 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

PROVINCIAL AND DISTRICT BOUNDARIES 8 of 1965

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.

2. The Republic of Zambia shall be divided into the Provinces Provinces


mentioned in the first column of the First Schedule and such Provinces
shall be known by the names therein assigned to them.

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.

4. The boundaries of each District shall be as specified in the Second Boundaries of


Schedule. Districts

5. The Provinces and Districts (Division) Order, 1977 is hereby Revocation of


revoked. Statutory
Instrument
211 of 1977

FIRST SCHEDULE
(Paragraphs 2 and 3)

PROVINCES AND DISTRICTS

1. The Central Province 1. The Chibombo District


2. The Kabwe District
3. The Kapiri Mposhi District
4. The Mkushi District
5. The Mumbwa District
6. The Serenje District
2. The Copperbelt Province 1. The Chililabombwe District
2. The Chingola District
3. The Kalulushi District
4. The Kitwe District
5. The Luanshya District
6. The Lufwanyama District
7. The Mpongwe District
8. The Masaiti District
9. The Mufulira District
10. The Ndola District
3. The Eastern Province 1. The Chadiza District
2. The Chama District
3. The Chipata District
4. The Katete District
5. The Lundazi District
6. The Nyimba District
7. The Petauke District
4. The Luapula Province 1. The Kawambwa District
2. The Mansa District
3. The Mwense District
4. The Nchelenge District
5. The Samfya District
5. The Lusaka Province 1. The Chongwe District
2. The Kafue District
3. The Luangwa District
4. The Lusaka District
6. The Northern Province 1. The Chilubi District
2. The Chinsali District
3. The Isoka District
4. The Kaputa District
5. The Kasama District
6. The Lubingu District
7. The Mbala District
8. The Mpika District
9. The Mporokoso District
10. The Nakonde District
7. The North-Western Province 1. The Mufumbwe District
2. The Kabompo District
3. The Kasempa District
4. The Mwinilunga District
5. The Solwezi District
6. The Zambezi District
8. The Southern Province 1. The Choma District
2. The Mazabuka District
3. The Monze District
4. The Gwembe District
5. The Namwala District
6. The Livingstone District
7. The Kalomo District
8. The Siavonga District
9. The Sinazongwe District
9. The Western Province 1. The Kalabo District
2. The Kaoma District
3. The Lukulu District
4. The Mongu District
5. The Senanga District
6. The Sesheke District

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.

KAPIRI MPOSHI DISTRICT

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

Starting at the Boundary Post No. 7 on the Zambia - Zaire International


Boundary, the boundary follows the International Boundary Beacon No.
1 thence on a bearing of 195 degrees for a distance of 8 kilometres to the
source of the Mulembo River; thence down the Mulembo River to its
confluence with the Lukusashi River; thence down the Lukusashi River
to its confluence with the Lunsemfwa River; thence up to Lumsemfwa
River to its confluence with the Shindabwe River; thence on a bearing of
180 degrees for a distance of approximately 19 kilometres; thence on a
bearing of 270 degrees for a distance of 16 kilometres to beacon MA
173 the north-eastern corner beacon of the cancelled mineral area
Blanche No. 266m, thence in a westerly direction along the northern
boundary of this cancelled mineral area through Beacon MA 13 to
Beacon MA 138 the north western corner beacon thereof; thence on a
bearing of 312 degrees for a distance of 18 kilometres to the confluence
of the Lunsemfwa and Mwampula Rivers near Beacon RY39; thence on
a hearing of 228 degrees for a distance of 17 kilometres to the most
easterly peak of Kito Hills, thence westwards for a distance of 15
kilometres to Beacon H the south-eastern corner-beacon of Farm 217a
"Formoshi", thence northwards along the eastern and north-eastern
boundaries of Farm 217a through Beacon G to Beacon F; thence along
line GF produced in a north-westerly direction to where it meets the
Chifomoshi River, thence down the Chifomoshi River to its confluence
with the Muchinda River, thence on a bearing of 342 degrees for a
distance of 5.5 kilometres to Kalilangoma Hills; thence on a bearing of
300 degrees for a distance of 9.5 kilometres to the confluence of the
Mulungushi and Ilunga Rivers; thence north-eastwards following the
crest of the Muchinga Escarpment to the Lunsemfwa River; thence
north eastwards following the crest of the Muchinga Escarpment to the
Lunsemfwa River; thence up the Lunsemfwa River to its confluence
with the Mubalashi River; thence up the Mubalashi River to its source,
thence on a bearing of 269 degrees for a distance of 4 kilometres to the
Boundary Post No. 7 the point of starting.

MUMBWA DISTRICT

Starting at Beacon KNPW 32 on the western edge of the Kafue National


Park, the boundary runs along the National Park boundary through
Beacons KNPW 32 to Beacon KNPW 61 inclusive; thence on a bearing
of 96 degrees for a distance of 65 kilometres to the confluence of the
Kafue and Lalafuta Rivers; thence up the Kafue River to a point due
south of the Kayamba Hills; thence due north for 20 of 56 degrees for a
distance of 17 kilometres to the source of the Kasanga River; thence
down the Kasanga River to its confluence with the Kafue River; thence
down the Kafue River to its confluence with the Lukanga River; thence
on a bearing of 186 degrees for distance of 22 kilometres to the source of
the Kamwala River; thence on a bearing of 128 degrees for a distance of
5 kilometres to the source of the Mwapula River; thence on a bearing of
176 degrees for a distance of 22 kilometres to the source of the Mundu
River; thence on a bearing of 160 degrees for a distance of 5 kilometres
to the source of Mafuta River; thence on a bearing of 140 degrees for a
distance of 5 kilometres to the source of the Lunjofwa River; thence on a
bearing of 110 degrees for a distance of 33 kilometres to the source of
Kabile River; thence down the Kabile River to its confluence with the
Mwembeshi for a distance of 27 kilometres; thence on a bearing of 245
degrees for a distance of 10 kilometres to the Lusaka-Mumbawa Road
M9; thence along the Lusaka-Mumbwa Road M9 in a south-easterly
direction for a distance of 17 kilometres to the point where it crosses the
Kabile River. Thence down the Kabile River to its confluence with the
Mwembeshi River; thence down the Mwembeshi River to its confluence
with the Mukombwe River; thence up the Mukombwe River along the
southern boundaries of Farm No. 2000, Farm No. 1942 to the
north-western boundary of Farm No. 3156; thence southwards along the
western boundary of Farm No. 3156 to Beacon H2; thence
north-eastwards along the boundary of Farm No. 3156 to Beacon V4 the
most easterly beacon of Farm No. 3156; thence south-wards following
the western boundaries of Farm No. 899 to Beacon V101; thence on a
bearing of 166 degrees for a distance of 5.5 kilometres to Beacon V119
the north-westerly beacon of Farm No. 524; thence southwards along
the western boundary of Farm No. 524 to Sanje Hill; thence on a bearing
of 184 degrees for a distance of 7 kilometres to Mamfwa Hill; thence on
a bearing of 286 degrees for a distance of 18 kilometres to the
Mwembeshi River; thence down the Mwembeshi River to its
Confluence with the Kafue River; thence up the Kafue River to its
confluence with the Luwato Lagoon; thence up the Luwato Lagoon to
its western extremity; thence on a bearing of 210 degrees for a distance
of 14 kilometres to a point on the Kafue River opposite the north-eastern
eastern corner Beacon Z of Farm No. 55a; thence up the north-western
corner Beacon V of Farm No. 55a; up the Kafue River thence on a
bearing of 344 degrees for a distance of 28 kilometres to a point 6.5
kilometres north-west of the westerly source of the Nangoma River;
thence on a bearing of 271 degrees for a distance of 24 kilometres to
Shimalula pool; thence on a bearing of 16 degrees for a distance of 13
kilometres to a point east of Chibila River; thence on a bearing of 270
degrees for a distance of 7 kilometres to Chibila River; thence on a
bearing of 280 degrees for a distance of 13 kilometres to Chalobeti Hill
passing through a point 1.5 kilometres south of the Old
Mumbwa-Namwala Mail Path crossing the Chibila River; thence on a
bearing of 270 degrees for distance of 45 kilometres to Chinenga Old
Boma; thence on a bearing of 277 degrees for a distance of 43
kilometres to the confluence of the Mwenge and Kafue Rivers; thence
on a bearing of 271 degrees for a distance of 70 kilometres to Beacon
No. KNPW32 on the western edge of Kafue National Park, the point of
starting.

SERENJE DISTRICT

Starting at Boundary Beacon No. XXVIII, of the Zambia-Zaire


International Boundary, the boundary follows the Luapula River
upstream to its confluence with the Lulimala River; thence up the
Lulimala River to its confluence with the Moboshi River; thence up the
Moboshi River to its source; thence south-eastwards and southwards
following the watershed between the Lulimala, Lukulu, Mupamadzi and
Kapemba Rivers on the north and the Mulembo, Lusiwasi and
Mutisanse Rivers on the south for approximately 197 kilometres to a
point on the Luangwa River due south of that watershed; thence down
the Luangwa River to latitude 13% 56' South, thence due west along this
latitude for approximately 85 kilometres to its intersection with the
Mulembo River; thence up the Mulembo River to its source; thence in a
north-westerly direction for approximately 8 kilometres to Boundary
Beacon No. 1 of the Zambia Zaire International Boundary (watershed
section); thence due north along the International Boundary to
Boundary Beacon No. XXVIII, the point of starting.

COPPERBELT PROVINCE

CHILILABOMBWE DISTRICT

Starting at Boundary Post 26 on the Zambia Zaire International


Boundary, the boundary follows the Zambia-Zaire International
Boundary in an easterly direction to Beacon 23 III; thence in a straight
line south-westwards to the source of the Mundela Stream; thence down
the Mundela Stream to its confluence with the Kafue River; thence up
the Kafue River to its confluence with the Chilima Stream; thence up the
Chilima Stream up its confluence with the Mulilamana Stream; thence
up the Mulilamana Stream to its source; thence in a straight line in an
easterly direction to the point of starting.

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

Starting at the source of the Mwambeshi River, the boundary follows


this river downstream to the western boundary of the Mwambeshi South
Special Grant No. 439m; thence northwards along this western
boundary to Beacon M219; thence north-westwards, northwards and
northeastwards along the boundaries of the Mwembeshi North Special
Grant No. 440m and the Pitanda Special Grant No. 524m through
beacons G400, P213, P212, P211, P210 and P209 to Beacon P208;
thence for approximately 0.75 kilometres along the boundary of the
Pitanda Special Grant No. 524 towards Beacon P216 to the northern
tributary of the Musenga Stream; thence up this tributary to its
north-western source; thence north eastwards for approximately 1.5
kilometres across the Zambia Railways Strip Reserve to Beacon CG504,
the westernmost corner beacon of Lot No. 1311/M (formerly Lot No.
113/M); thence along the western and northern boundaries of this Lot
through Beacons CG505 and CG506 to Beacon CG500; its easternmost
corner beacon; thence south eastwards for approximately 0.5 kilometres
to the source of the Musakashi River; thence down the Musakashi River
to its confluence with the Kafue River; thence down the Kafue River to
the western edge of the Kitwe-Mufulira Road Reserve; thence
south-westwards along this edge of the Kitwe-Mufulira Road Reserve
and across the Chingola-Kitwe Road Reserve to the southern edge of
this Road Reserve of this Road Reserve; thence south-eastwards along
this edge of the Chingola-Kitwe Road Reserve for approximately 7
kilometres to the southern boundary of Farm No. 2493 (now forms part
of National Forest No. 8: Ichimpe) thence south-westwards along the
south-western boundary of Farm No. 2493 to Beacon RU183; thence
south-eastwards along the western boundary of the Nkana Special Area
C2 No. 772m to Beacon U418; thence eastwards to Beacon U419;
thence southwards to Beacon U420 which is near the northern point of
Chibuluma; thence down the Chibuluma Stream to its confluence with
the Kasombo Stream; thence up the Kasombo Stream to its source;
thence north-westwards to Beacon M208 on the Kalulushi Special Grant
No. 437m; thence south-westwards along the eastern boundary of the
Kalulushi Special Grant No. 437m to Beacon M209; thence
south-westwards for approximately 2 kilometres to the source of the
Shibolo Stream; thence down the Shibolo Stream to its confluence with
the Kalulushi Stream; thence up the Kalulushi Stream to its source;
thence south-westwards for approximately 39 kilometres to a point due
south-west of the source of the Filando Stream; thence north eastwards
for approximately 2.5 kilometres to the source of the Filando Stream;
thence down the Filando Stream to its confluence with the West
Katembula River; thence up the West Katembula River to its confluence
with the Chisanga Stream and up the Chisanga Stream to its source;
thence northwards for approximately 2 kilometres to the source of the
Mwambeshi River, the point of starting.

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

Starting on the confluence of the Kafue and Kafulafuta Rivers, the


boundary follows the Kafue River upstream for a distance of
approximately 24 kilometres to the Mpata Gorge on the Kafue River;
thence southeastwards for a distance of approximately 25 kilometres to
the confluence of the Luanshya and Kafubu Rivers; thence upstream the
Kafubu River to a point approximately 2 kilometres above the
confluence of the Little Munkulungwe and Kafubu Rivers; thence
north-eastwards for a distance of approximately 7 kilometres to a point a
kilometre due north of the source of an unnamed tributary of the Little
Munkulungwe; thence southeastwards for a distance of approximately 8
kilometres to the Big Munkulungwe River, 0.5. kilometre below the
confluence of the Washa River and Big Munkulungwe River; thence up
the Big Munkulungwe River to its confluence with the Makubi River;
thence up the Makubi River to Beacon E on the western boundary of the
Zambia Railways Strip Reserve; thence crossing the Zambia Railways
Strip Reserve to Beacon Le 57, on the eastern boundary of the Zambia
Railways Strip Reserve; thence along the southern, eastern and northern
boundaries of Farm 416a through Beacons D and C to Beacon Y164, the
southeastern corner of Farm 1468; thence northwards along the eastern
boundary of this farm through Beacons V80, V81 and V82 V83 and Lot
81/M through Beacons M335, M334, Y160, V53 and V55 to the point
where the northern boundary of this farm intersects the Watesi River;
thence down this river to its confluence with the Itawa River; thence
down this river to Beacon VR51, the northwestern corner of Farm No.
1008 and along the eastern boundaries of Farms No. 1008, 746 and 747
and along the northern boundary of Farm 747 through Beacons H362,
H361, L747, L746, H360, L742 and L641 to Beacon H359, the
northwestern corner of Farm 747; thence northwards along the Zambia
Railways Strip Reserve through Beacons H076 and H079 and along the
eastern boundary of Farm 2647 and along the northward production of
this eastern boundary of Farm No. 2647 and along the northward
production of this eastern boundary to the point where this production
intersects the Zambia-Zaire International Boundary; thence in a general
south easterly direction along the International Boundary to Boundary
Pillar No. 7; thence in a straight line eastwards for a distance of
approximately 4 kilometres to the source of the Mubalashi River; thence
down the Mubalashi River to its confluence with the Mobi Stream;
thence down in a westerly direction for a distance of approximately 9
kilometres to the south-eastern corner of the Katanino Local Forest No.
34; thence along the southern boundary of this Local Forest to the point
where it crosses the Zambia Railways Strip Reserve, thence generally
southwards along this eastern boundary of the Zambia Railways Strip
Reserve Skirting the Lubwe crossing loop, the eastern portion of
Kashitu Reserve and the eastern boundaries of Fubera Siding Reserve
Right to a point opposite Mile Reg 1373; thence westwards through
Mile Peg 1373 for a distance of approximately 11 kilometres to the
confluence of the Mukwa and Lukanga Rivers; thence down the
Lukanga River to its confluence with the Lukanga Rivers; thence
northwards along the western boundary of the Lukanga Forest Reserve
No. 33 (now cancelled) for a distance of approximately 17 kilometres to
a point thereon; thence northwestwards for a distance of 7 kilometres to
the source of Kantolo Stream; thence down the Kantolo Stream to its
confluence with the Lwankuni River; thence the Lwakuni River to its
confluence with the Kafulafuta River; thence down the Kafulafuta River
to its confluence with the Kafue River, the point of starting.

LUFWANYAMA DISTRICT

Starting at a point on the Solwezi - Chingola Road, T5, at point 4


kilometres due north of the source of Luswishi River, the boundary
follows the road eastwards for a distance of approximately 49
kilometres; thence south eastwards and northeastwards between the
sources of the Munchishi East Stream to the north and Miwale and
Milopa Streams to the south to the aforesaid road, thence across the road
eastwards and back to the road for a distance of approximately 4
kilometres; thence in a south easterly direction for a distance of
approximately 13 kilometres to a point approximately 2 kilometres due
north of the source of the Chipopo Stream; thence in a straight line for a
distance of approximately 16 kilometres to the source of the Katembula
West River; thence down this River to its confluence with the Filando
Stream; thence up this stream to its source; thence south eastwards for a
distance of 2.5 kilometres; thence eastwards for a distance of
approximately 39 kilometres to the source of the Kalulushi River;
thence down the Kalulushi River to its confluence with the Kafue River;
thence down the Kafue River to its confluence with the Lwabufubu
Stream; thence up the Lwabufubu Stream to its source; thence
southwards for a distance of approximately 15 kilometres to Nitumba
Hill; thence southwestwards in a straight line for a distance of
approximately 18 kilometres to a point on the Luswishi River; thence up
the Luswishi River for a distance of approximately 25 kilometres to the
confluence of the Luswishi River with the Funda Stream; for a distance
of approximately 24 kilometres to the confluence of the Miuinga River
with the Kishi River; thence up the Miuinga River to its source; thence
in a straight line due north for a distance of approximately 3 kilometres
to the watershed separating the Lunga River from the Kafue and
Luswishi Rivers; thence northwards along the watershed for a distance
of approximately 41 kilometres; thence westwards 3 kilometres to the
source of Mwinilunga Stream; thence down this stream to its confluence
with the Chambanyama Stream; thence up this stream to its source;
thence northwestwards to the confluence of the Kawena and
Chansangwa Streams; thence up the Chansangwa Stream to its source;
thence northwestwards to the confluence of the Luangezhi and
Chipupushi Rivers; thence up the Chipupushi River to its source; thence
to the source of Kashekesha River; thence down this river to its
confluence with the Luswishi River; thence up the Luswishi River to its
source; thence northwards in a straight line for a distance of 4 kilometres
to the Solwezi-Chingola Road, T5, the point of starting.

MPONGWE DISTRICT

Starting at the confluence of the Kafue and Kafulafuta Rivers, the


boundary follows the Kafulafuta River upstream to its confluence with
the Lwankuni Stream; thence up the Lwankuni Stream to its confluence
with the Kantolo Stream; thence up the Kantolo Stream to its source;
thence in a straight line for a distance of approximately 7 kilometres to a
point on the western boundary of the Lukanga Forest Reserve No. 33
(now cancelled); thence southwards along the western boundary of the
Lukanga Forest Reserve No. 33 (now cancelled) for a distance of
approximately 17 kilometres to the confluence of the Lukanga and
Lukanda Rivers; thence down the Lukanga River to it's confluence with
the Mushipashi River; thence upstream the Mushipashi River to its
source; thence northwards for a distance of approximately 18 kilometres
to the source of Ipumbu River; thence down the Ipumbu River to its
confluence with the Kafue River; thence down the Kafue River to its
confluence with the Luswishi River; thence upstream the Luswishi
River to its confluence with the Miunga River; thence in a straight line
due west for a distance of approximately 56 kilometres to a point on the
watershed separating the Lunga River from the Kafue and Luswishi
Rivers; thence northwards along this watershed for a distance of
approximately 74 kilometres to a point 3 kilometres due north of the
source of Miunga River; thence in a straight line for a distance of
approximately 3 kilometres to the source of the Mininga River; thence
down the Mininga River to its confluence with the Kisha River; thence
in a straight line eastwards for a distance of approximately 14 kilometres
to the confluence of the Luswishi River and Funda Stream; thence down
the Luswishi River for a distance of the Luswishi River for a distance of
approximately 16 kilometres; thence in a straight line north-eastwards
for a distance of approximately 12 kilometres to Humba Hill; thence in a
straight line northwards for a distance of 15 kilometres to the source of
the Lwabufubu Stream; thence down the Lwabufubu Stream to its
confluence with the Kafue River; thence upstream the Kafue River to its
confluence with the Kafulafuta River, the point of starting.

MUFULIRA DISTRICT

Starting at Beacon BP23\III on the Zambia-Zaire International


Boundary, the boundary follows the International Boundary in an
eastward direction to Beacon BP18K; thence south-westwards for
approximately 0.5 kilometres to a point on the southern edge of the
Ndola-Mufulira Main Road Reserve; thence northwards for
approximately 2 kilometres along the Road Reserve to the Mutupa
Stream; thence down the Mutupa Stream to its confluence with the
Kafue River; thence up the the Kafue River to its confluence with the
Musakashi River; thence up the Musakashi River to a point where it
crosses the eastern boundary of National Forest No. 12; Luano; thence
north-eastwards for approximately 6 kilometres to the Mbafi Stream;
thence down the Mbafi Stream to its confluence with the Kafue River;
thence up the Kafue River to its confluence with the Mundela Stream;
thence up the Mundela Stream to its source; thence in a
north-eastwardly direction for approximately 8 kilometres to Beacon
BP23\III on the Zambia-Zaire International Boundary, the point of
starting.

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

Starting at Beacon 38 (the common boundary beacon of Zambia,


Malwai and Mozambique), the boundary follows the
Zambia-Mozambique International Boundary in a westerly direction to
where the Nsadzu River crosses the International Boundary; thence up
the Nsadzu River to its confluence with the Katiula Stream; thence up
the Katiula Stream to the D125 road; thence in a generally north-easterly
direction along the D125 road to its junction with the D127 road at
Kazimuli; thence due east to the D404 road; thence in a south-easterly
direction along the D404 road to the Kapundi Stream; thence up the
Kapundi Stream to where it is intersected by the north-eastern boundary
of Kapundi State Land Block; thence in a south-easterly direction to the
south-easterly beacon of Kapundi State Land Block, a point where the
Trust Land No. XXVIII, Ngoni Reserve No. II, Trust Land No. XXVI
and Chewa Reserve No. III meet; thence in a south-easterly direction
along the boundaries of Trust Land No. XXVI and Chewa Reserve No.
III to a point on the Mbazi Hill; thence in a northerly direction to the
Satwe Hill; thence in a north-westerly direction/Mkoma; thence in a
north-easterly direction to a point on the Zambia-Malawi International
Boundary on Chinsali Hill; thence following the International Boundary
generally southward to Beacon 38, the point of starting.

CHAMA DISTRICT

Starting at the confluence of the Kawondo River and the Luangwa


River, the boundary follows the Luangwa River upstream to its
confluence with the Lufila River; thence up the Lufila River to its
confluence with the Luswa River; thence up the Luswa River to its
confluence with the Kampanga Stream; thence up the Kampanga
Stream to its confluence with the Multipula Stream; thence up with the
Mutipula Stream to its confluence with the Chindoshi Stream; thence up
with the Chindoshi Stream to its source; thence in an easterly direction
to the beacon on the Iwewe Hill; thence in a northerly direction to the
beacon on the Mabundu Hill (source of the Mabundu Stream); thence in
a north-easterly direction to the beacon on the Ngostungwa Hill, thence
in a north-westerly direction crossing the confluence of the Chiteya
Stream and the Kabali Stream to the beacon on the Nangoye Hill; thence
in a northerly direction to the source of the Chimimbya Stream; thence
down the Chimimbya Stream to its confluence with the Mwambwa
River; thence up the Mwambwa River to its confluence with the
Visonge Stream; thence up the Visonge Stream to its source; thence in a
northerly direction along the watershed and then in a north-easterly
direction passing through the headwaters of the Musi River to the source
of the Nkanka River; thence down the Nkanka River to its confluence
with the Mwitakuwili Stream; thence up to Mwitakuwili Stream to its
source; thence in a north-easterly direction to the source of the
Lupandizi Stream; thence down the Lupandizi Stream to its confluence
with the Luangwa River; thence up the Luangwa River to its confluence
with the Vitukutu Stream: thence up the Vitukutu Stream to its source;
thence in southerly direction to the confluence of the Chilumbi Stream
and the Kamimbi Stream; thence up the Kamimbi Stream to its source,
in the Mukutu Hills; thence in a southerly direction to the source of the
Matendo Stream; thence down the Matendo Stream to its confluence
with the Luwumbu River (also known as the Chire River); thence up the
Luwumbu or Chire River to its source; thence due east to the
Zambia-Malawi International Boundary; thence southwards along the
Zambia-Malawi International Boundary to a point due east of Manda
Hill; thence on a true bearing of 208 degrees for a distance of
approximately 30 kilometres to a point approximately 10 kilometres
south-east of the Matupasi Hills; these on a true bearing of 173 for a
distance of approximately 6 kilometres to the Lundazi River; thence
down the Lundazi River to its confluence with the Chasato Stream;
thence northwards and then westwards, along the Chasato Stream to the
point directly north of Manjawila Village of Chief Chifunda and
Chinyambi Village of Chief Kazembe; thence southwards passing
half-way between the two villages aforesaid and crossing the Lundazi
River; thence continuing in a southerly direction passing half-way
between Lembani Village of Chief Chifunda and Chiweza Village of
Chief Kazembe to Kazutu Stream; thence down the Kazutu Stream for
approximately 1.8 kilometres to the point where the D.105 Road
(Zokwe Road) crosses the Kazutu Stream; thence in a south-easterly
direction along the D105 Road to the point where the road crosses the
Kawendo River; thence down the Kawendo River to its confluence with
the Luangwa River; the point of starting.

CHIPATA DISTRICT

Starting at a point on the Zambia-Malawi International Boundary on


Chinsala Hill, the boundary follows a southward direction to Mkoma
Hill; thence south-eastwards to Satwe Hill; thence in a southerly
direction to Kamundi Hill; thence in a south-easterly direction to Luoli
Hill; thence in a south-westerly direction to Mbozi Hill; thence in a
north-westerly direction along the boundaries of Trust Land No. XXVI
and Chewa Reserve No. III to a beacon on the Kapundi State Land
Block; thence along the north-eastern boundary of the Kapundi State
Land Block to where it is intersected by the Kapundi Stream; thence
down the Kapundi State Land Block to D404 road; thence along the
D404 roads in a north-westerly direction to a point due east of the
junction of the D125 and D127 roads at Kazimuli; thence due west to
this junction; thence in a south-westerly direction along the D125 and its
junction with the D126 road; thence along the Great East Road in a
westerly direction to the Milanzi River; thence down the Milanzi River
to its confluence with a stream on the Zumwanda Reserve No. IV
boundary approximately 9 kilometres north-northeast of Pumbe Hill;
thence in a southerly direction along this stream for approximately 5
kilometres; then in a south-westerly direction for approximately 1
kilometre to where the D598 road is intersected by a track; thence in a
south-westerly direction for approximately 2.5 kilometres to where the
D411 Road crosses a stream; thence down this stream to its confluence
with the Lupande River; thence down the Lupande River to its
confluence with the Nyamadzi River; thence up the Nyamadzi River for
approximately 7 kilometres to a point due east of the source of the
Chisache Stream; thence due west to the source of the Chisache Stream;
thence in a north-westerly direction for approximately 25 kilometres to
the source of the Kazutu Stream; thence down the Kazutu Stream to its
confluence with the Lusangazi River; thence down the Lusangazi River
to its confluence with the Luangwa River; thence up the Luangwa River
to its confluence with the Chinchele Stream; thence up the Chinchele
Stream to its source; thence in an east-south-easterly direction for a
distance of approximately 48 kilometres to a point on the Lukuzye River
where it emerges from the Machinje Hills; thence up the Lukuzye River
to its confluence with the Chenje River; thence up the Chenje River to
its source; thence in a south-easterly direction for a distance of
approximately 6 kilometres to the Mkunku Hill; thence in a
south-easterly direction for approximately 2 kilometres to the
Chipata-Lundazi Road; thence in a south-south-easterly direction for
approximately 6 kilometres to the source of the Lukusuzi River; thence
due east for approximately 0.5 kilometres to the Zambia-Malawi
International Boundary; thence southwards along the Zambia-Malawi
International Boundary to Chinsala Hill the point of starting.

KATETE DISTRICT

Starting at the point where the Nsazu River crosses the


Zambia-Mozambique International Boundary, the boundary follows the
Zambia-Mozambique International Boundary in a westerly direction to
the point where the Mimbayakana Stream crosses the
Zambia-Mozambique International Boundary; thence up the
Mimbayakana Stream to its confluence with the Kankhadze Stream;
thence up the Kankhadze Stream in a northerly direction to its source,
close to the southern flank of the Chilulu Hills; thence in a straight line
to the southernmost flank of the Main Chilulu Hills; thence in a straight
line to the southernmost flank of the Chilulu Hills; thence up the Main
Chilulu Hills bisecting the Main Chilulu Hills along their axis to their
northernmost flank; thence in a straight line northwards to the source of
the Mlangali Stream; thence northwards along the Mlangali Stream
crossing the Old D514 Road and the New D514 Road to the confluence
of the Mlangali Stream with the Msunda River; thence down the
Msunda River in a north-easterly direction to its confluence with the
Kapoche River; thence up the Kapoche River to the south-eastern
beacon of Farm No. D218; thence along the eastern boundary of Farm
No. D218 to its northern boundary and thence to the north-eastern
corner of Farm No. D195 (Chassa Mission); thence along the northern
boundary of Farm No. D195 to its north-western beacon; thence due
north for approximately 24 kilometres to the Old Great East Road;
thence in a westerly direction along the Old Great East Road for
approximately 31 kilometres to Beacon J4; then due north for
approximately 3 kilometres to Beacon K1; thence due north for
approximately 15 kilometres to Beacon K7; thence due east for
approximately 6.5 kilometres to Beacon H11; thence due north for
approximately 3 kilometres 2.5 kilometres to Beacon H12; thence due
east for approximately 3 kilometres to Beacon G11; thence due north for
approximately 9.5. kilometres to Beacon G15; thence due east for
approximately 13 kilometres to Beacon C12; thence due south for
approximately 2.5 kilometres to Beacon C11; thence due east for
approximately 11 kilometres to the Nyamadzi River; thence down the
Nyamadzi River to its confluence with the Lupande River; thence up the
Lupande River for approximately 3 kilometres to the first stream
encountered; thence up this first stream encountered to the D411 Road;
thence in a south-easterly direction for approximately 2.5 kilometres to
Mwanza School; thence in a north-easterly direction along a track for
approximately 3 kilometres to the D598 Road; thence in a north-easterly
direction for approximately 1 kilometre to the source of the first stream
encountered aforesaid; thence down this stream for approximately 5
kilometres to the Milanzi River; thence up the Milanzi River to the
Great East Road; thence in an easterly direction along the Great East
Road to its junction with the D126 Road; thence in a southerly direction
along the D126 Road to its junction with the D125 Road; thence in a
south-westerly direction along the D125 Road to the Katiula Stream;
thence down the Katiula Stream to its confluence with the Nsadzu
River; thence down the Nsadzu River to the Zambia-Mozambique
International Boundary; the point of starting.

LUNDAZI DISTRICT

Starting at a point on the Zambia-Malawi International Boundary due


east of Manda Hill, the boundary follows the Zambia-Malawi
International Boundary southwards to a point due east of the source of
the Lukusuzi River; thence due west to the source of the Lukusuzi
River; thence in a north-north-westerly direction for approximately 6
kilometres to the Chipata-Lundazi Road; thence in a north-westerly
direction for approximately 2 kilometres to Mkunku Hill; thence in a
west-north-westerly direction for approximately 6 kilometres to the
Kalungu Hill; thence in a north-westerly direction for approximately 17
kilometres to the source of the Chenje River; thence down the Chenje
River to its confluence with the Lukuzye River; thence down the
Lukuzye River to the point it enters the Machinje Hills; thence in a
west-north-westerly direction for approximately 48 kilometres to the
source of the Chinchele Stream; thence down the Chinchele Stream to
its confluence with the Luangwa River; thence up the Luangwa River to
its confluence with the Kawondo River; thence up the Kawondo River
to the D105 Road (Zokwe Road); thence along D195 Road in a
generally north-westerly direction to the point where it crosses the
Kazutu Stream; thence up the Kazutu Stream for approximately 1.8
kilometres to the point half-way between Mulope Village of Chief
Chifunda and Simayaba Village of Chief Kazembe; thence continuing
in the same direction passing half-way between Lembani Village of
Chief Chifunda and Chiweza Village of Chief Kazembe crossing the
Lundazi River passing half-way between Manjawila Village of Chief
Chifunda and Chinyambi Village of Chief Kazembe to a point on the
Chasato Stream; thence northwards and then eastwards, along the
Chasato Stream to its confluence with the Lundazi River; thence on a
true bearing of approximately 353 degrees for approximately 6
kilometres to a point approximately 10 kilometres south-east of
Mafupasi Hills: thence on a true bearing of approximately 28 degrees
for a distance of approximately 30 kilometres to Nyamalya Hill; thence
in a straight line north-eastwards to Manda Hill; thence due east to the
Zambi-Malawi International Boundary; the point of starting.

NYIMBA DISTRICT

Starting at the confluence of the Luangwa and Msanzara Rivers, the


boundary follows the Msanzara River upstream to its confluence with
the Nyamkuya River: thence up the Nyamkuya River to its source of
West of Old Petauke; thence in the South Western direction for a
distance of approximately 8 kilometres to Mtikila Stream; thence up the
Mtikila Stream for a distance of approximately 1300 metres; thence in
the south south-western direction for approximately 1000 metres to the
north-western corner of, Mvuvye National Forest No. 32 and continuing
along the western boundary of this national forest to a point where it
crosses the Misewe Stream; thence up the Misewe Stream to its source;
thence in the north-eastern direction for a distance of approximately
4500 metres to a point on the Mtululwe Stream due east of the source of
the Kalulu Stream; thence down the Mtululwe Stream to its confluence
with Mvuvye River; thence upstream the Kaluka Stream to its sources;
thence in a straight line in the south eastern direction for approximately
13 kilometres to the Great East Road, T4; thence in the northern western
direction for approximately 4000 metres to the source of the Kanyena
Stream; thence in the south western direction for approximately 5500
metres to the Great East Road, T4; thence in the south western direction
leaving Kasusa school to the east for distance of about 6 kilometres to a
point near Chizongwe Village; thence in the eastern for 1000 metres to a
point on the Trust Land boundary; thence in the southern direction for a
distance of 4 kilometres to a point on the Mwembezi River; thence down
the Mwembezi River to its confluence with the Nyimba River and down
the Nyimba River to its confluence with the Ntotwe Stream; thence up
the Ntotwe Stream to a point due north eat of source of the Mpande
Stream; thence in the south western direction for a distance of
approximately 12 kilometres passing through the source of the Mpande
Stream to the point where the Msengezi River crosses the
Zambia\Mozambique International Boundary; thence south westwards
along the Zambia\Mozambique International Boundary to Beacon 1
situated on the bank of the Luangwa River, thence boundary follows the
Luangwa River upstream in the northern direction to its confluence with
the Lunsenfwa River; thence up the Lunsemfwa River to its confluence
with the Lunsemfwa River; thence up the Lunsemfwa River to its
confluence with the Lukusashi River; thence up the Lukusashi River to
its confluence with the Mulembo River; thence up the Mulembo River
for a distance of approximately 34 kilometres to a point of latitude of 13
degrees 56 south; thence due east for approximately 85 kilometres to the
Luangwa River; thence up the Luangwa River to its confluence with the
Msanzara River; point of starting.

PETAUKE DISTRICT

Starting at the confluence of the Luangwa River with the Msanzara


River, the boundary follows the Luangwa River upstream to its
confluence with the Lusangazi River; thence up the Lusangazi River to
its confluence with the Kazutu Stream; thence up the Kazutu Stream to
its source; thence in a south eastern direction for approximately 25
kilometres to the source of the Chisoche Stream; thence due east for
approximately 13 kilometres to the Nyamadzi River; thence up the
Nyamadzi River for approximately 22 kilometres to a point due east of
Beacon C11; thence due west for approximately 2.3 kilometres to
Beacon C12; thence due west for approximately 13 kilometres to
Beacon G15; thence due south for approximately 9.5 kilometres to
Beacon G11; thence due west for approximately 3 kilometres to Beacon
H11; thence due west for approximately 6.5 kilometres to Beacon K7;
thence due south for approximately 15 kilometres to Beacon K1; thence
due east for approximately 3 kilometres to Beacon J4; thence due south
for approximately 9.5 kilometres to Beacon J1, on the Old Great East
Road; thence along the Old Great Road in an eastern direction for
approximately 24 kilometres to a point due north western beacon of
Farm No D195 (Chassa Mission); thence southwards to the north
western corner of Farm No. D195 (Chassa Mission); thence along the
boundary of Farm D 195 to the north western of Farm D 218; thence
along the northern boundary of Farm D 2218 to its north eastern corner;
thence southwards along the boundary of Farm D 218 to its southeastern
beacon on the Kapoche River; thence in the south western direction
along the Msundu River; thence in the south western direction along the
Msundu River to its confluence with the Mlangali Stream; thence
southwards following the Mlangali Stream crossing and in this order the
new D514 road and the Old D514 road to its source; thence southwards
to the northern most flank of the main Chilulu Hills; thence down the
main Chilulu Hills bisecting the main Chilulu Hills along their axis to
their southern most flank; thence in a straight line southwards to the
source of the Kankhadze Stream; thence down the Kankhadze Stream to
its confluence with the Mimbayakana Stream; thence down the
Mimbayakana Stream to the point where crosses the
Zambia/Mozambique International Boundary; thence along the
Zambia/Mozambique International Boundary; thence in the north
eastern direction passing through the source of the Mpande Stream for a
distance of approximately 12 kilometres to a point on the Ntotwe
Stream; thence down the Ntotwe Stream to its confluence with the
Nyimba River and up the Nyimba River to its confluence with the
Mwembezi River; thence up the Mwembezi River for a distance of
approximately 15 kilometres; thence in the northern direction for
distance of approximately 4 kilometres to a point on the Trust Land
boundary; thence in the north western direction for approximately 1000
metres; thence in the north western direction for a distance of
approximately 4 kilometres to a point near Chizongwe Village; thence
in the north western, leaving Kasusa school to the east for a distance of
approximately 6 kilometres to a point on the great East Road, T4; thence
in the north eastern direction for a distance of approximately 5500
metres to the source of the Kanyena Stream; thence in the south eastern
direction for approximately 4 kilometres to the Great East Road, T4;
thence in the north eastern direction for a distance of approximately
5500 metres to the source of the Kanyena Stream; thence in the south
eastern direction for approximately 4 kilometres to the Great East Road,
T4; thence in the north western direction for a distance of approximately
13 kilometres to the source of the Kaluka Stream; thence down the
Kaluka Stream to its confluence with the Mvuvye River; thence up the
Mvuvye River to its confluence with the Mtululwe Stream; thence up
the Mtululwe Stream to a point due east of the source Kalulu Stream;
thence in the south western direction for a distance of approximately
4500 metres to the source of the Misewe Stream; thence down the
Misewe Stream to the point where the Misewe Stream crosses the
western boundary of the Mvuvye National Forest No. 32; thence along
the western boundary of the Mvuvye National Forest No. 32 to its north
western corner; thence in north north-western direction for a distance of
approximately 1000 metres to the Mtikila Stream; thence down the
Mtikila Stream for a distance of approximately 1300 metres; thence
north eastern direction for a distance of approximately 8 kilometres to
the source of the Nyamkuya Stream west of Old Petauke; thence down
the Nyamkuya Stream to its confluence with the Msanzara River; thence
down the Msanzara River to its confluence with the Luangwa River the
point of starting.
LUAPULA PROVINCE

KAWAMBWA DISTRICT

Starting at a point on the Zambia-Zaire International Boundary on the


Luapula River approximately 6.5 kilometres north of its confluence with
the Kapwishi River, the boundary follows a north-easterly direction for
approximately 6 kilometres to the southernmost tip of Mofwe Lagoon;
thence along the southern shore of the Mofwe Lagoon to the easterly of
the Mbeleshi River; thence in a northerly direction along the Muchinga
Escarpment for approximately 53 kilometres to a point where the
Mwatishi River intersects the escarpment; thence in a south-easterly
direction for approximately 19.5 kilometres to a point on the
Mwansamila River; thence in a north-easterly direction for
approximately 12 kilometres to a point approximately 4 kilometres due
east of the Mwansamila River; thence in a northerly direction for
approximately 6 kilometres to a point on the Lwankole Stream; thence
in a south easterly direction for approximately 12.5 kilometres to a point
on the Kalambanji Stream; thence due east for approximately 4
kilometres to the Kalungwishi River; thence up the Kalungwishi River
to its confluence with the Ngona Stream; thence up the Ngona Stream to
its source; thence in south-westerly direction for approximately 4.5
kilometres to the source of the Lufubu River; thence down the Lufubu
River to its confluence with the Greater Lwenge Stream; thence up the
Greater Lwenge Stream to its source; thence in a west-south-westerly
direction for approximately 15 kilometres to the source of the
Lupoposhi River; thence down the Lupoposhi River to its confluence
with the Fisaka Stream; thence up the Fisaka Stream to its source;
thence in a north-north-easterly direction for approximately 8
kilometres to the source of the Chikuma Stream; thence down the
Chikuma Stream to its confluence with the Luongo River; thence down
the Luongo River to its confluence with the Chibalashi River; thence up
the Chibalashi River to its source; thence in a west-north-westerly
direction for approximately 9 kilometres to the source of the Akatoba
River; thence down the Akatoba River for approximately 5 kilometres;
thence in a southerly direction for approximately 10 kilometres to the
source of an unnamed stream; thence down this unnamed stream to its
confluence with the Mununshi River; thence down the Mununshi River
to a point due east-north-east of the northermost corner of the Kaombe
Lagoon; thence west-south-west for approximately 2.5 kilometres to the
northernmost part of the Kaombe Lagoon; thence along the eastern and
southern shores of the Kaombe Lagoon to the south-westerly tip of this
lagoon; thence in a westerly direction for approximately 2 kilometres to
a point on the Luapula River; thence down the Luapula River which
forms the Zambia-Zaire International Boundary to a point
approximately 6.5 kilometres north of the confluence of the Luapula
River with the Kapwishi River, the point of starting.

MANSA DISTRICT

Starting at the confluence of the Luapula and Kasenga Rivers, the


boundary follows the Kasenga River upstream to its source; thence
northwards along the Muchinga Escarpment for approximately 15
kilometres to the Mumbuluma Falls on the Lwamfumu River; thence
northwards along the same escarpment for approximately 21 kilometres
to the source of the Ifumampelo River; thence down the Ifumampelo
River to its confluence with the Luongo River; thence up the Luongo
River to its confluence with Lufubu River; thence up the Lufubu River
to its confluence with the Luchinka River; thence up this river to its
source; thence in a south eastwards direction for approximately 18
kilometres to the source of the Mwampanda River; thence in a southerly
direction for approximately 0.5 kilometres to the source of the Lunda
River; thence down the Lunda River to its confluence with the
Litandashi River; thence down the Litandashi River to where it flows
into Lake Kasongole; thence eastwards along the southern shores of
Lake Kasongole and Lake Chifunauti; thence due east across the
Lifungwe Peninsula to a point approximately 1 kilometre off the
western shore of Lake Bangweulu where this peninsula joins the
mainland; thence southwards through Lake Bangweulu for
approximately 6 kilometres off the western shore of Lake Bangweulu
and south of Nganda Point; thence south westwards for approximately 4
kilometres to Lake Chibinde; thence in a south-westerly direction for
approximately 6.5 kilometres to a point on the watershed between the
Munimbwe River to the north and the Makasa River to the south; thence
southwards to the source of the Luchiya River; thence in a south
westerly direction for approximately 3.5 kilometres to the source of the
Kamibanya River; thence in a southerly direction for approximately 2
kilometres to the source of the Kabalelo River; thence in a
south-south-easterly direction for approximately 4.5 kilometres to the
source of the Mwanda River; thence in a south-westerly direction for
approximately 2 kilometres to the source of the Musaba River; thence
down the Musaba River to a point thereon approximately 3 kilometres
due east of the junction of the Samfya-Kapalala D451 and the
Mansa-Kapalala D100 Roads; thence due west to the said junction;
thence southwards along the Mansa-Kapalala D100 Road for
approximately 66 kilometres to where the D100 Road crosses the source
of the Kaloshi River; thence south-eastwards along the watershed of the
Lwimbe and Kaloshi Rivers and Lubwe and Chitopa Rivers to the
confluence of the Lumania River with the Kishikishi River; thence
down the Kishikishi River to its confluence with the Luapula River; on
the Zambia-Zaire International Boundary; thence in a general
north-westerly and northerly direction along the said International
Boundary to the confluence of the Luapula and Kasenga Rivers, the
point of starting.

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

Starting at a point on the Luapula River on the Zambia-Zaire


International Boundary approximately 0.5 kilometres north or Beacon
XXVIII the boundary follows the International Boundary down the
Luapula River to its confluence with the Kashikishi River; thence up the
Kashikishi River to its confluence with the Lumania River; thence in a
north-westerly direction between the sources of Lubwe and Chipote
Rivers and Lwimbe and Kaloshi Rivers for approximately 18.5
kilometres to the point where the Mansa-Kapalala D100 Road crosses
the source junction with the Samfya-Kapalala D451 Road; thence due
east for approximately 3 kilometres to Musaba River; thence up the
Musaba River to the Mwanda River; thence in a north-north-westerly
direction for approximately 4.5 kilometres to the source of the Kabalelo
River; thence in a northerly direction for approximately 2 kilometres to
the source of the Kamibanya River; thence in a north-easterly direction
for approximately 3.5 kilometres to the source of the Luchibya River;
thence in a northerly direction for approximately 3 kilometres to the
source of the Makasa River; thence northwards to a point on the
watershed between the Munimbwe River on the north and the Makasa
River to the south; thence in a north-easterly direction for approximately
6.5 kilometres to Lake Chimbinde; thence in a north-easterly direction
for approximately 4 kilometres to a point approximately 1 kilometre off
the western shore of Lake Bangweulu and south of Nganda Point;
thence northwards through Lake Bangweulu for approximately 6
kilometres to a point approximately 1 kilometre off the shore where the
Lifunge Peninsula joins the mainland; thence due west across this
peninsula to the southern edge of Lake Chifunduli; thence along the
southern shores of Lake Chifunduli and Lake Kasongole to where the
Litandashi River flows into Lake Kasongole; thence up the Litandashi
River to the source of its most westerly tributary north of Musera
School; thence in a northerly direction for approximately 2 kilometres to
the source of the Muchinka Stream; thence down the Muchinka Stream
to its confluence with the Mwampanda River; thence down the
Mwampanda River to its confluene with the Katilye Lagoon; thence
north-eastwards and eastwards to a point on the eastern shore of the
Katilye Lagoon; thence south-eastwards for approximately 7.5
kilometres to Kasaba Lagoon; thence in a south-easterly direction
passing through Kasaba and Kamponda Lagoons and the ostiary of the
Lupoposhi River to a point in Lake Bangweulu between Chindo and
Ibula Islands; thence south-south-eastwards for approximately 18
kilometres to a point approximately 4 kilometres north-east of Chishi
Island; thence south-south-westwards for approximately 46 kilometres
passing between Mbabala and Chilubi Island to a point in the centre
where the Luapula River leaves Lake Walilupe; thence in a
north-easterly direction for approximately 30 kilometres to Kawena
Point on Chilubi Island; thence in an easterly direction for
approximately 12 kilometres to the western tip of Nsumbu Island thence
across this island to the southern tip on the eastern side; thence in a
south-easterly direction for approximately 38 kilometres south to the tip
of Chisale Island; thence in a southeasterly direction for approximately
13 kilometres to a point on an unnamed tributary of the Chambeshi
River; thence in a south westerly direction for approximately 9
kilometres to a point on an unnamed tributary of the Munikashi River;
thence down this unnamed tributary to the Munilkshi River; thence
south-westwards for approximately 19 kilometres to a point just
south-east of Kaloma Island; thence south-westwards for approximately
12 kilometres to a point on the Lumbatwe River; thence
west-south-westwards for approximately 50 kilometres to the
confluence of the Chambeshi River and the Luapula River; thence down
the Luapula River to a point in midstream approximately 0.5 kilometres
north of Beacon XXVIII on the Zambia-Zaire International Boundary,
the point of starting.

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

Starting at the confluence of the Kafue and Mwembeshi Rivers the


boundary follows the Mwembeshi River upstream for a distance of 8
kilometres; thence on a bearing of 106 degrees for a distance of 18
kilometres to Mamfwa Hill; thence on a bearing of 4 degrees for a
distance 7 kilometres to Sanje Hill; thence northwards along the western
boundary of Farm 524 to Beacon V119; thence on a bearing of 346
degrees for a distance of 5.5 kilometres to Beacon V101 the south most
beacon of Farm 899; thence following the western boundary of Farm
899 to Beacon V4, thence in a south-westerly direction of Beacon H2
the southern most boundary beacon of Farm 3156; thence along the
western boundary of Farm 3156 to the Mukombwe River, thence down
the Mukombwe River to its confluence with the Mwembeshi River;
thence up the Mwembeshi River to its confluence with the Namayani
River; thence up the Namayani River to a point where it crosses the
northern boundary of subdivision A of Farm 190a near Beacon M' 503,
the north-eastern corner beacon of Farm 190a; thence north-eastwards
along the western boundary of Farm 1962 to its intersection with the
Chunga River; thence up the Chunga River to Beacon N112, the north
eastern corner beacon of Farm 692; thence southwards along the eastern
boundaries of Farm 692; 197a, 2037, 15a, 201a subdivision A of Farm
396a through Beacons P6, H313, EX40, PN716, EX30, PN560, C120,
C101 to Beacons B5; thence westwards to HT 177, thence along the
southern boundary of Farm No. 50a to Beacon PN23, the south eastern
corner Beacon of Farm 50a eastern; thence the southern boundary of 50a
for a distance of 1250 metres to Beacon DCA; thence southwards to
Beacon AC; thence in a straight line for 200 metres to Shiwanyama
River; thence down the Shiwanyama River to beacon PN 46; thence
eastwards to Beacon PN45; thence south-eastwards to Beacon K4 on the
Munkolo River; thence up the Munkolo River to Beacon HT77; thence
south eastwards to Beacon HT74; thence north eastwards on a bearing
of 721/2 degrees for a distance of 1274 metres to Beacon HT66, thence south-eastwards on a bearing of
1461/2 degrees for a distance of 290 metres to Beacon HT 59; the eastern corner beacon of Lot 1154/M;
thence in a northern boundary of Farm 1880 through Beacon R4 to Beacon B143, on the western edge of the
Zambia Railways Strip Reserve; thence eastwards across the Zambia Railways Strip Reserve to Beacon
R144, the south western corner beacon of Farm 407a; thence northwards along the zambia Railways Strip
Reserve to Beacon B92; thence eastwards along the northern boundary of Farm 407a to Beacon B93; the
south-eastern corner beacon of Farm 405a; thence northwards along the western boundaries of Farm 406a
and Lusaka South Local Forest No. 26 through Beacons B94, B95, B96 and C383 to Beacon C382; thence
eastwards for a distance of 2240 metres to the western edge of Lot 1019/M; thence southwards along the
western and southern boundaries of Lot 1019/M through Beacon RD 126 to Beacon RD125; thence
northwards along the eastern boundaries of Lot1019/M for a distance of approximately 1040 metres; thence
along the northern and eastern boundaries of Lusaka South Local Forest through Beacons F113 and F110 to
Beacons SE3, thence to Beacon KL594; thence eastwards through KL 595, to Beacon F90, the
South-western corner of Beacon of Farm 311a, thence to beacon F98, the south-eastern corner beacon of
Farm 311a, thence south-eastwards and southwards through Beacon RD39 and C367 to Beacon C366 the
south-western corner Beacon of Farm 902; thence north-eastwards to Beacon F17, the south-eastern corner
beacon of farm 322a on the boundary of Soli Wa Manyika Reserve No. VIII, thence south-eastwards
following the Soli Wa Manyika Reserve boundary for a distance of 9 kilometres; thence north-eastwards
along the Soli Wa Manyika Reserve boundary for a distance of 21 kilometres to the confluence of the
Luimba and Chongwe Rivers; thence down the Chongwe River to its confluence with the Zambezi River;
thence in a straight line to the International Boundary between Zambia and Zimbabwe; thence up the
Zambezi River following the international boundary to a point opposite the confluence of the Kafue and
Zambezi Rivers; thence in a straight line to the confluence of the Kafue and Zambezi Rivers; thence up the
Kafue River to its confluence with the Mwembeshi River; the point of starting.

LUANGWA DISTRICT

Starting at the confluence of the Mulambwa River and the Luangwa


River; the boundary follows the Luangwa River downstream along the
Zambia-Mozambique International Boundary to its confluence with the
Zambezi River; thence up the Zambezi River along the
Zambia-Zimbabwe International Boundary to its confluence with the
Chongwe River; thence up the Chongwe River for a distance of 5.6
kilometres to a point where the Chongwe River emerges from the
escarpment; thence on a bearing of 57 degrees for a distance of 46
kilometres to Chivago Hill; thence on a bearing of 44 degrees for a
distance of 18 kilometres to Kaulashishi Hill; thence on a bearing of 66
degrees for a distance of 17 kilometres to Malowa Hill; thence on a
bearing of 53 degrees for a distance of 23 kilometres to Chakweva Hill;
thence on a bearing of 16 degrees for a distance of 7 kilometres to the
highest point on the Chiliwe Champanshya Hill; thence on a bearing of
24 degrees for a distance of 10 kilometres to a point on the Mulambwa
River due south of Mkukunya Hill; thence eastwards down the
Mulambwa River to its confluence with the Luangwa River; the point of
starting.

LUSAKA DISTRICT

Starting at Beacon N112 the north-eastern corner beacon of Farm No.


692 the boundary follows the Chunga River in an easterly direction to
Beacon P10; thence on a bearing of 82 degrees for a distance of 2,930
metres to a point on the Great North Road; thence northwards along the
Great North Road to its junction with the D176 Road (Ngwerere Road);
thence eastwards along the D176 Road for 3 kilometres; thence due east
to Beacon B52 the north-western beacon of Farm No. 1140; thence
southwards along the western boundary of Farm No. 1140 to Beacon
Y405; thence following the southern boundary of Farm No. 1140 to
Beacon 443 the south-eastern corner beacon of Farm No. 1140; thence
across the Zambia Railways Reserve to its eastern edge; thence
southwards along the eastern edge of Zambia Railways Strip Reserve to
Beacon 0438; thence along the southern boundary of Farm No. 2778 to
Beacon UU; thence along the southern edge of Farm No 372a to Beacon
BYY on the eastern bank of the Ngwerere River; thence on a bearing of
1461/2 degrees for a distance of 2,475 metres to Beacon OH587 being the eastern beacon of Subdivision 1
of Subdivision F of Farm No. 32a; thence on a bearing of 1931/2 degrees for a distance of 800 metres to
Beacon OH588 the most southerly Beacon of Subdivision 1 of Subdivision F of Farm No. 32a; thence along
the southern boundaries of Subdivisions E and F of Farm No 32a to Beacon Y39a; thence in a north-easterly
direction to Beacon OH839 the north-western corner of Subdivision H of Farm No. 32a; thence in
south-westerly direction to Beacon N the south-eastern corner beacon of Subdivision H of Farm No. 32a;
thence in a south-easterly direction along the western boundaries of Subdivisions 2, 3, 4, and 5 of
Subdivision A of Farm No. 379a to Beacon B73; thence in a southerly direction through Beacons B72 and
B91 crossing the Chalimbana River to Beacon GAU; thence to Beacon MA 221 and Beacon F3 the
north-westernly corner beacon of Subdivision B of Farm No 298a; thence in a south-easterly direction to
Beacon F4 on the left bank of the Mukamunya River; thence northwards down the Mukamunya River to
Beacon A4, the south-western corner beacon of Farm No. 301a; thence along the southern boundary of Farm
No. 301a to Beacon F 102; thence along the western boundary of Farm No. 451a in a southerly direction
through Beacon F105 to Beacon F105 to Beacon F103 the north-eastern corner beacon of Farm No. 2658;
thence along the northern boundary of Farm No. 2658 through Beacon F106 to Beacon F110; thence in a
north-westerly direction along the boundary of Local Forest No. 26: Lusaka South to Beacon F113; thence in
a westerly direction along the northern boundary of Local Forest No. 26: Lusaka South through Beacon
W118 to a point approximately 4,080 metres west of Beacon W118; thence in a southerly direction to
Beacon RD125 the south-eastern corner beacon of Lot No. 1019/M; thence along the southern and northern
boundaries of Lot No. 1019/M to a point on the northern boundary of Local Forest No. 26: Lusaka South
approximately 2,240 metres east of Beacon c382; thence to Beacon C382 the north-western corner beacon of
Local Forest No. 26: Lusaka South; thence in a southerly direction along the western boundaries of Local
Forest No. 26: Lusaka South and Farm No. 407a to Beacon B92 on the eastern edge of Zambia Railways
Strip Reserve; thence southwards along the Zambia Railway Strip Reserve to Beacon B144, the
south-westerly beacon of Farm No. 407a thence across the Zambia Railways Strips Reserve in a westerly
direction to Beacon B143; thence in a westerly direction along the northern boundary of Farm No. 1880
through Beacon R4 to Beacon S4; thence in a southerly direction to Beacon HT59 the eastern corner beacon
of Lot No. 1159M; thence on a bearing of 321/2 degrees to Beacon HT66; thence on a bearing of 2521/2
degrees for a distance of 1,240 metres to Beacon HT74; thence in a north-westerly direction to Beacon HT77
on the Monkolo River; thence along the Monkolo River in a southerly direction to Beacon K4 the
south-eastern corner beacon of Farm No. 204a; thence in a southerly direction to Beacon PN45; thence in a
westerly direction Beacon PN46 on the Shawanyama River; thence in a northerly and westerly direction up
this river to a point 200 metres south of Beacon AC; thence in a northerly direction through Beacon AC to
Beacon DCA; thence on a bearing of 691/2 degrees for a distance of 1,250 metres to Beacon PN23, the
south-eastern corner beacon of Farm No 50a; thence along the eastern boundary of Farm No. 50a to Beacon
HT177; thence in an easterly direction to Beacon B5, the south-easterly corner beacon of Subdivision A of
Farm No. 396a; thence in a north-north-westerly direction along the eastern boundaries of Subdivision A of
Farm No. 396a and Farm No. 201a through Beacon C110 to Beacon C120, the eastern corner beacon of
Farm No. 255a; thence in a northerly direction along the eastern boundaries of Farm No. 15a, Farm No.
2037, Farm No. 197a and Farm No. 692 through Beacons PN560 EX30, PN716 EX40, H303, P6 to Beacon
N112, the point of starting.

NORTHERN PROVINCE

CHILUBI DISTRICT

Starting at the confluence of the Lubansenshi River with the Chambeshi


River, the boundary follows the Chambeshi River downstream to Lake
Chaya leaving the lake to the east; thence down an unnamed tributary of
the Chambeshi River to its confluence with another unnamed tributary;
thence north-westwards for a distance of approximately 13 kilometres to
the western tip of the Chisale Island; thence continuing in the same
direction for a distance of approximately 38 kilometres to the
south-eastern tip of the Nsumbu Island; thence westwards for a distance
of approximately 12 kilometres to Kawena Point; thence
south-westwards for approximately 30 kilometres to the point where the
Luapula leaves Lake Walilupe; thence north-westwards to a point
midway between Chindo Island and Ibula Island; thence on a bearing of
230 degrees for a distance of approximately 7 kilometres to the point
where the Lupepe Stream enters Lake Bangweulu; thence up the Lupepe
Stream to its source; thence continuing in the same direction for a
distance of approximately 22 kilometres to the confluence of the Kalindi
Stream with the Lwelangwa Stream; thence down the Lwelangwa
Stream to its confluence with the Luena River; thence up the Luena
River to a point south-west of Mubanga Village; thence on a bearing of
358 degrees for a distance of approximately 3 kilometres to a point on
the Kapunda Mubende Dambo; thence in a south-easterly direction a
point on the Lumbwe Masabo Dambo; thence in a straight line in a
south-easterly direction to the source of the Bulilo Stream; thence down
the Bulilo Stream to its confluence with the Lubilikila Stream; thence
down the Lubilikila Stream to its confluence with the Lukutu River;
thence down the Lukutu River to its confluence with the Kasala Stream;
thence up the Kasala Stream to its source; thence eastwards to the
Lubansenshi River; thence down the Lubanseshi River, crossing Lake
Bumba, to its confluence with the Chambeshi River; the point of
starting.

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

Starting at the confluence of the Kachinga Stream and the Nkanka


River, the boundary follows the Kachinga Stream upstream to its
source; thence in a northern direction to the source of the Mitawa
Stream; thence down the Mitawa Stream to its confluence with the
Kasakalawe Stream to its confluence with the Milalo Stream; thence up
the Milalo Stream to its source; thence in the north western direction to
the source of the Vilolo Stream; thence down the Vilolo Stream to its
confluence with the Manseke Stream; thence up the Manseke Stream to
its source; thence northwards to the source of the Mbewa Stream; thence
down Mbewa Stream to its confluence with the Kalambansama Stream;
thence the Kalambansama Stream to its confluence with the Chilunda
Stream; thence down the Chilunda Stream to its confluence with the
Luanga (or Lungu) Stream; thence down the Luanga (or Lungu) Stream
to its confluence with the Kalungu River; thence up the Kalunga River
to its confluence with the Nakawale Stream; thence eastwards crossing
the Lusonsa Plan to the source of Kalupe Stream; thence up the Isalala
River to the point where it crosses the Zambia Malawi International
Boundary; thence southwards following the Zambia Malawi
International Boundary to a point due eat of the source of the Luwambu
or Chire River; thence due west to the source of Luwambu or Chire
River; thence down the Luwambu or Chire River to its confluence with
the Matendo Stream; thence up the Matendo Stream tol its source;
thence in the northerly direction for a distance of approximately 10
kilometres to the source of the Kamimbi Stream in the Makutu Hills;
thence down the Mamimbi Stream to its confluence with the Chilumbe
Stream; thence in a westerly direction to the source of the Vitukutu
Stream; thence down the Vitukutu Stream to its confluence with the
Luangwa River; thence down the Luangwa River to its confluence with
the Lupandizi Stream; thence up the Lupandizi Stream to its source;
thence in the south westerly direction for a distance of approximately 22
kilometres to the source of the Mwita-Kuwili Stream to its confluence
with the Nkanka River and up the Nkanka River to its confluence with
the Kachinga Stream, the point of starting.
KAPUTA DISTRICT

Starting at the confluence of the Kalungwishi River and the Luntomfwe


River, the boundary follows the Luntomfwe River to its source; thence
generally north-eastwards for approximately 48 kilometres passing
through the Chisebwe Hills to Kisebwe Beacon; thence in a
north-easterly direction for approximately 11 kilometres to a point on
the Musongoshi River approximately 4 kilometres from the point where
this river crosses the Zambia-Zaire International Boundary; thence up
this river to the said International Boundary; thence along the
International Boundary north-eastwards to a common meeting place
between Zambia, Zaire and Tanzania, in Lake Tanganyika; thence south
- westwards for approximately 39 kilometres to Cape Nundo on the
shore of Lake Tanganyika between Sumbu and Nkamba Bays; thence
south-westwards for approximately 26 kilometres to the confluence of
the Chisala and Kamwinda Streams; thence up the Kamwinda Stream to
its source; thence down this stream to its confluence with the Lufubu
River; thence down the Lufubu River to its confluence with the Chitete
Stream; thence up the Chitele Stream to a point on the Muchinga
Escarpment; thence generally westwards along the escarpment for
approximately 108 kilometres passing through the Kalamba Tsetse
Control Post to a point on the Mukubwa River 6.5 kilometres below the
Lupupa Falls; thence south-westwards for approximately 15 kilometres
to a point on the Itabu River 3 kilometres below the Tangumwila Falls;
thence down the Itabu River to its confluence with the Kalungwishi
River; thence down the Kalungwishi River to its confluence with the
Luntomfwe River, the point of starting.

KASAMA DISTRICT

Starting at the confluence of the Chambeshi and Lubansenshi Rivers,


the most southerly part of the District, the boundary follows the
Lubansenshi River upstream to its confluence with the Fitaba River;
thence up the Fitaba River to its source; thence eastwards for
approximately 2 kilometres along the southern base of the Mpalapala
Hills to the source of the Mayebwe Stream; thence down the Mayebwe
Stream to its confluence with the Lubushi Stream; thence up the
Lubushi Stream to its source; thence northwards for approximately 2
kilometres to the source of the Mungwe Stream; thence up the Mungwe
Stream to its confluence with the Lubala River; thence up the Lubala
River to its confluence with the Lukulu River; thence up the Lukulu
River to its confluence with the Mwelekumbi River; thence up the
Mwelekumbi River to its easternmost source; thence eastwards for
approximately 7.5 kilometres to the source of the Kapobo Stream;
thence down the Kapobo Stream to its confluence with the Kafubu
River; thence down the Kafubu River to its confluence with the Luombe
River; thence up the Kafubu River to its confluence with the Lupombo
Stream; thence up the Lupombo Stream to its source; thence
south-eastwards for approximately 4 kilometres to the most westerly
source of the Luela River; thence down the Luela River to its confluence
with the Chambeshi River; thence up the Chambeshi River to its
confluence with the Chalukila Stream; thence up the Chalukila Stream
to its source; thence in a south-easterly direction for approximately 3
kilometres to the source of the Imabwe Stream; thence down the
Imabwe Stream to its confluence with the Kabisha River; thence up the
Kabisha River to its confluence with the Ikuwa Stream; thence up the
Ikuwa Stream to its source; thence north-eastwards for approximately
2.5 kilometres to the source of the Ntumba River; thence down the
Ntumba River to its confluence with the Chozi River; thence down the
Chozi River to its confluence with the Kalungu River; thence down the
Kalungu River to its confluence with the Kalungu River; thence down
the Kalungu River to its confluence with the Chambeshi River; thence
down the Chambeshi River to its confluence with the Lubansenshi
River, the point of starting.

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

Starting at the International Boundary Beacon B562 on the


Zambia-Tanzania International Boundary, the boundary runs
southwards to the source of the Chitene River; thence down the Chitene
River to its confluence with the Mukalizi River; thence down this river
to its confluence with the Chozi River; thence down the Chozi River to
its confluence with the Ntumba River; thence up the Ntumba River to its
source; thence south-westwards for approximately 2.5 kilometres to the
source of the Ikuwa Stream; thence down this stream to its confluence
with the Kabisha River; thence down this river to its confluence with the
Imabwe Stream; thence up the Imabwe Stream to its source; thence
north-westwards for approximately 3 kilometres to the source of the
Chalukila Stream; thence down this stream to its confluence with the
Chambeshi River; thence down the Chambeshi River to its confluence
with the Luela River; thence up this river to its most westerly source;
thence north-westwards for approximately 4 kilometres to the source of
the Lupombo Stream passing through the Kamblwanda Hill; thence
down the Lupombe River to its confluence with the Lupombe River;
thence down the Lupombe River to its confluence with the Mwelushi
River; thence up the Mwelushi River to its confluence with the
Kasingashi Stream; thence up this stream to its source near the D19
road; thence westwards along the D19 road for approximately 67
kilometres; thence due north to a point on the Muchinga Escarpment on
the watershed between the Lufubu River on the north and the Luangwa
and Luombe Rivers on the south; thence westwards and northwards
along the escarpment for approximately 106 kilometres to the source of
the Chitete Stream; thence down the Chitete Stream to its confluence
with the Lufubu River; thence down the Lufubu River to its confluence
with the Chisomfwe Stream; thence up this stream to its source; thence
down the Kamwinda Stream to its confluence with the Chisala Stream;
thence down this stream to its confluence with Chikaka Stream; thence
north-eastwards for approximately 26 kilometres to Cape Nundo on
Lake Tanganyika between Sumbu and Nkamba Bays; thence
northwards to the common meeting place of the Zambia, Tanzania and
Zaire International Boundaries in Lake Tanganyika; thence generally
south-eastwards along the Zambia-Tanzania International Boundary to
Beacon B562, the point of starting.

MPIKA DISTRICT

Starting at a point on the Zambia-Zaire International Boundary on the


Luapula River, the boundary follows the Luapula River upstream for
approximately 35 kilometres; thence in an east north-easterly direction
for approximately 50 kilometres to a point on the Lumbatwa River;
thence in a north-easterly direction for approximately 12 kilometres to a
point south-east of Kaloma Island; thence in a north-easterly direction
for approximately 19 kilometres to the confluence of the Munikashi
River and an unnamed tributary; thence up this unnamed tributary to its
source; thence in a north-easterly direction for approximately 9
kilometres to the source of an unnamed tributary of the Chambeshi
River; thence down this unnamed tributary to its confluence with the
Chambeshi River; thence up the Chambeshi River to its confluence with
the Mansha River; thence up the Mansha River to its confluence with
the Lubabala River; thence up the Lubabala River to its confluence with
the Kampemba Stream; thence up the Kampemba Stream to its source;
thence in a south-westerly direction for approximately 9 kilometres to
the source of the Lwanya River; thence in an easterly direction for
approximately 3 kilometres to the source of the Tulo Stream; thence
down the Tulo Stream to its confluence with the Kanchibya River;
thence down the Kanchibya River to its confluence with the Kanyelele
River; thence up the Kanyelele River to its source; thence in an easterly
and southerly direction for approximately 10 kilometres through
Mukowonshi Trigonometrical Beacon to Mulumewangombe Hill;
thence in a southerly direction to the confluence of the Kabale River and
Kamisengo Stream; thence in a south-easterly direction for
approximately 8 kilometres to the confluence of the Mukungwa Stream
and the Mwatesi Stream near the Mpika-Chinsale Road; thence in a
south-westerly direction for approximately 6 kilometres along the
Mpika-Chinsali Road to the source of the Mwatesi Stream; thence in an
easterly direction for approximately 6 kilometres to the source of the
Kapamba River; thence down the Kapamba River to its intersection with
the south-west boundary of Farm No. 1367 Kapamba River to its
intersection with the south-west boundary Beacon C786 situated on the
right bank of the Isase Stream; thence down the Isase Stream to its
confluence with the Kapamba River; thence down the Kapamba River to
its confluence with the Mwanswa Stream; thence up the Mwanswa
Stream to its source; thence in an easterly direction for approximately 5
kilometres to the source of the Chawala Stream; thence down the
Chawala Stream to its confluence with the Mwaleshi River; thence up
the Mwaleshi River to its confluence with the Chitwe Stream; thence up
the Chitwe Stream to its source; thence in a northerly direction for
approximately 8 kilometres to the confluence of the Lufila River and the
Mumbo Stream; thence up the Mumbo Stream to its source; thence in an
easterly direction for approximately 4 kilometres to the confluene of the
Chishibesonde Stream and the Mumbwe Stream; thence down the
Mumbwe Stream to its confluence with the Luswa River; thence down
the Luswa River to its confluence with the Lufila River; thence down
the Lufila River to its confluence with the Luangwa River; thence down
the Luangwa River to a point south of the watershed between the
Mutisanse, Lusiwasi and Mulembo Rivers to the south and Kapemba,
Mupamadzi, Lukulu and Lulimala Rivers to the north; thence along the
waterside between these rivers for approximately 197 kilometres to the
source of the Moboshi River; thence down the Moboshi River to its
confluence with Lulimalu River; thence down the Lulimalu River to its
confluence with the Luapula River on the Zambia-Zaire International
Boundary, the point of starting.

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

Starting at boundary Beacon No. B562, on the Zambia Tanzania


International Boundary. The Boundary proceeds in the south eastern
direction along the Zambia Tanzania International boundary to
boundary Beacon No. B588, the common boundary of Zambia,
Tanzania and Malawi; thence the boundary continues southwards along
the Zambia Malawi International Boundary to a point where the
International Boundary crosses the Isalala River; thence down the
Isalala River to its confluence with the Kalupe Stream; thence upstream
the Kalupe Stream to its source; thence the boundary proceeds
westwards crossing the Lusonso Plain to the confluence of the Kalungu
River with the Nakawale Stream; its confluence with the Chozi River;
thence up the Chozi River to its confluence with the Chitini Stream;
thence up the Chitini Stream to its source; thence northwards to
boundary Beacon No. B562, the point of starting.

NORTH-WESTERN PROVINCE

MUFUMBWE DISTRICT

Starting at the confluence of the Kabompo and Kasamba Rivers, the


boundary follows the Kabompo River upstream to its confluence with
the Chifuwe River; thence up the Chifuwe River to its source; thence in
a south-easterly direction for approximately 4 kilometres to the source
of the Tunta River; thence in a southerly direction to the source of the
Nyansonse River; thence down the Nyansonse River to its confluence
with the Musondwedji North River; thence down the Musondwedji
North River to its confluence with the Kabangala River; thence in a
south-easterly direction for approximately 12 kilometres to the
Musondwedji South River; thence down the Musondwedji South River
to its confluence with the Musondwedji River; thence down the
Musondwedji River to its confluence with the Kabishonga River; thence
in a westerly direction for a distance of approximately 23 and half
kilometres crossing the Mufumbwe River to where it meets the
Intensive Conservation Area boundary; thence in a northerly direction
for approximately 9 kilometres along the I.C.A. boundary to Kanyeye
River; thence up the Kanyeye River to its source; thence continuing
along the I.C.A. boundary in a south-westerly direction for a total
distance of approximately 31 kilometres to the Kabompo/Kasempa
district boundary, on the Kamweji River; thence up the Shitoto River to
its source; thence in a north-westerly direction for approximately 5
kilometres to the source of the Lubomba River; thence down the
Lubomba River to its confluence with the Chifuwe River; thence down
the Chifuwe River to its confluence with the Lungwe River; thence in a
northerly direction for approximately 6 kilometres to the source of the
Kasamba River; thence down the Kasamba River to its confluence with
the Kabompo River, the point of starting.

KABOMPO DISTRICT

Starting at the confluence of the Kabompo and Kasamba Rivers, the


boundary follows the Kabompo River upstream to its confluence with
the Chifuwe River; thence up the Chifuwe River to its source; thence in
a south-easterly direction for approximately 4 kilometres to the source
of the Tunta River; thence in a southerly direction to the source of the
Nyansonso River; thence down the Nyansonso River to its confluence
with the Musondwedji North River; thence down the the Kabangala
River; thence in a south-easterly direction for approximately 12
kilometres to the Musondwedji South River; thence down the
Musondwedji South River to its confluence with the Musondwedji
River; thence down the Musondwedji River to its confluence with the
Kabishonga River; thence in a westerly direction for a distance of
approximately 23 and half kilometres crossing the Mufumbwe River to
where it meets the Intensive Conservation Area boundary; thence in a
northerly direction for approximately 9 kilometres along the I.C.A.
boundary to Kanyeye River; thence up the Kanyeye River to its source;
thence continuing along the I.C.A. boundary in a south-westerly
direction for a total distance of approximately 31 kilometres to the
Kabompo/Kasempa district boundary, on the Kamweji River; thence up
the Shitobo River to its confluence with the Shitobo River; thence up to
the Shitobo River to its source; thence in a north-westerly direction for
approximately 5 kilometres to the source of the Lubomba River; thence
down the Lubomba River to its confluence with the Chifuwe River;
thence down the Chifuwe River to its confluence with the Lungwe
River; thence in a northerly direction for approximately 6 kilometres to
the source of the Kasamba River; thence down the Kasamba River to its
confluence with the Kabompo River, the point of starting.

KASEMPA DISTRICT

Starting at the confluence of the Dongwe and Kamweji Rivers, the


boundary follows Kamweji River upstream for a distance of 33
kilometres to where it meets the Intensive Conservation Area boundary;
thence following the I.C.A. boundary in an easterly and north-easterly
direction for a distance of approximately 31 kilometres to the source of
the Kanyeye River; thence down the Kanyeye River to the eastern
boundary of the I.C.A. boundary; thence southwards along the I.C.A.
boundary for a distance of approximately 9 kilometres; thence due east
for an approximately distance of 23 and half kilometres crossing the
Mufumbwe River to the confluence of Kabishonga and Musondwedji
Rivers; thence up the Musondwedji River to its confluence with the
Musondwedji South River; thence up the Musondwedji South River for
a distance of approximately 13 kilometres; thence in a north-westerly
direction for 12 kilometres to the confluence of the Musondwedji North
and Kabangala Rivers; thence up the Musondwedji North River to its
confluence with the Nyansonso River; thence up the Musondwedji
North River to its source; thence in a notherly direction to the source of
the Tunta River; thence in a north-easterly direction for approximately
34 kilometres to the confluence of the Mushingashi and Kamanu Rivers;
thence up the Kamanu River to its confluence with the Wabusa River;
thence up the Wabusa River to its source; thence in a south-easterly
direction for approximately 10.5 kilometres to a point on the Masha
River; thence in an easterly direction for a distance of approximately 20
kilometres to the confluence of the Mushishima and Jibombo Rivers;
thence down the Mushishima River to its confluence with the Luma
River; thence down the Luma River to its confluence with the Lungu
River; thence down the Lung River to its confluence with the
Mushingashi River; thence up the Lungu River to its confluence with
the Mushingashi River; thence up the Mushingashi River to its
confluence with the Chifukula River; thence up the Chifukula River to
its source; thence southwards to a point on the watershed between the
Lungu and Luswishi Rivers; thence southwards for approximately 70
kilometres along the watershed between Lungu/Luswishi and
Lungu/Luawamala Rivers to the most northerly point of the Kayamaba
Hills; thence along the Kayamba Hills to their most southerly point;
thence due south for approximately 20 kilometres to the Kafue River;
thence due Kafue River to its confluence with the Lufupa River; thence
in a westerly direction for approximately 65 kilometres to the source of
the Lalafuta River; thence down the Lalafuta River to its confluence
with the Dongwe River; thence down the Dongwe River to its
confluence with the Kamweji River, the point of starting.

MWINILUNGA DISTRICT

Starting at the point on the Zambia-Zaire International Boundary,


approximately 1 kilometre to the east of the source of the Manguma
River, the boundary runs in a straight line eastwards to the said source;
thence south-westwards down this stream to its confluence with the
Ngohzo River; thence down the Ngohzo River to its confluence with the
Kabompo River; thence continuing south-westwards down the
Kabompo River to its confluence with the West Lunga River; thence
westwards up the Ndashi Stream to the most southerly of its two
sources; thence in a straight line south-westwards for a distance of
approximately 8 kilometres to the source of the Lwampali Stream;
thence down the Lwampali Stream; thence northwards up the latter
stream for a distance of approximately 9.5 kilometres to its confluence
with an unnamed stream; thence westwards up this unnamed stream to
its source; thence in a straight line westwards to the source of the
Malembela River; thence westwards down the Malembela River to its
confluence with the Nyela River on the Zambia-Angola Boundary;
thence northwards following this boundary to the common boundary
beacon of the Zambia-Angola-Zaire International Boundaries; thence
southwards and eastwards following the Zambia-Zaire International
Boundary, to the point of starting.

SOLWEZI DISTRICT

Starting at Boundary Pillar BP26 on the Zambia-Zaire International


Boundary, the boundary goes due west for approximately 1 kilometre to
the source of the Mulilamana Stream; thence down the Mulilamana
Stream to its confluence with the Chirema Stream; thence down the
Chirema Stream to its confluence with the Kafue River; thence up the
Kafue River to its confluence with the Mwitimpi Stream; thence up the
Mwitimpi Stream to its source; thence due south for approximately 5
kilometres to the T5 (Chingola-Solwezi) road; thence westwards along
the T5 road for approximately 27 kilometres to a point approximately 4
kilometres due north of the source of the Luswishi River; thence due
south to the south to the source of the Luswishi River; thence down the
Luswishi River to its confluence with the Kashekeshe Stream; thence up
the Kashekeshe Stream to its source; thence in a south-westerly
direction for approximately 1.5 kilometres to the source of the
Chipupushi River; thence down the Chipupushi River to its confluence
with the Luangenzi Stream; thence in a south-easterly direction for
approximately 6 kilometres to the source of the Chasangwa Stream;
thence down the Chasangwa Stream to its confluence with the Kamena
Stream; thence in an easterly direction for approximately 4 kilometres to
the source of the Chabanyama Stream; thence down the Chabanayama
Stream to its confluence with the Mushingashi River; thence down the
Mushingashi River to its confluence with the Masasa Stream; thence
eastwards up the Masasa Stream to its source; thence due east for
approximately 3 kilometres to a point on the watershed between the
Lungu and Luswishi Rivers; thence southwards along the watershed for
approximately 60 kilometres to a point approximately 5 kilometres due
east of the source of the Chifukwa Stream; thence due west to the source
of the Chifukwa Stream; thence down the Chifukwa Stream to its
confluence with the Mushingashi River; thence down the Mushingashi
River to its confluence with the Lungu River; thence up the Lungu River
to its confluence with the Luma River; thence up the Luma River to its
confluence with the Mushishima River; thence up the Mushishima
River to its confluence with the Jibombo Stream; thence in a westerly
direction for approximately 20 kilometres to a point on the Mesha
Stream; thence in a north-westerly direction for approximately 10.5
kilometres to the source of the Wabusa Stream; thence down the
Wabusa Stream to its confluence with the Kamanu Stream; thence down
the Kamanu Stream to its confluence with the Mushingashi River;
thence in a west-south-westerly direction for approximately 34
kilometres to the source of the Tunta Stream; thence in a north-westerly
direction for approximately 4 kilometres to the source of Chifuwa River;
thence down the Chifuwa River to its confluence with the Kabompo
River; thence up the Kabompo River to its confluence with the Ngohze
Stream; thence up the Ngohze Stream to its confluence with the
Manguma Stream; thence up the Manguma Stream to its source; thence
due east for approximately 1 kilometre to the Zambia-Zaire
International Boundary; thence eastwards along the International
Boundary to Boundary Pillar BP26, the point of starting.

ZAMBEZI DISTRICT

Starting at a point on the Zambia-Angola International Boundary, where


it is interesected by the Lutembwe River near Boundary Pillar M10, the
boundary follows the International Boundary northwards and eastwards
to where the International Boundary is intersected by the Makonda
River; thence down the Makonda River to its confluence with the
Kanubondo Stream; thence up the Kanubondo Stream to its source;
thence in a north-easterly direction for approximately 8 kilometres to the
source of the Chativika Stream; thence down the Chativika Stream to its
confluence with the Chito River; thence in a south-south-easterly
direction for approximately 8 kilometres to the source of the Kalwilo
River; thence down the Mumbeji River to its confluence with the
Kabompo River; thence down the Kabompo River to its confluence with
the Zambezi River; thence up the Zambezi River to its confluence with
the Kabula Stream; thence up the Kabula Stream to its source; thence in
a northerly direction for approximately 6 kilometres to the source of the
Mukumba Stream; thence down the Mukumba Stream to its confluence
with the Kashiji River; thence due west for approximately 4 kilometres
to a point on the Kashiji-Chinonwe watershed; thence north-westwards
along the watershed for approximately 20 kilometres to a point 8
kilometres north-east of the confluence of the Kawelele and Chinonwe
Rivers; thence in a south-westerly direction for approximately 8
kilometres to the confluence of the Kawelele and Chinonwe Rivers;
thence in a south-westerly direction for approximately 9 kilometres to
the confluence of the Litapi and Lungwebungu Rivers; thence up the
Lungwebungu River to its confluence with the Lutembwe River; thence
up the Lutembwe River to where it intersects the Zambia-Angola
International Boundary, the point of starting.

SOUTHERN PROVINCE

CHOMA DISTRICT

Starting at a beacon on Kasyalila Hill 1.5 kilometres west of Gwembe


Boma, the boundary runs on a bearing of approximately 3071/2 degrees for
approximately 9.5 kilometres; thence on a bearing of approximately 3071/2 degrees for approximately 25.5
kilometres; thence on a bearing of approximately 40 degrees for approximately 17 kilo metres to Kauba Hill;
thence southwards following the Zambezi Valley escarpment for approximately 86 kilometres to a point
where the Zhimu River breaks through the escarpment; thence up the Zhimu River to its source; thence
northwards to Beacon J1, the most southerly corner Beacon of Farm No. 27a; thence along the eastern
boundary of Farm No. 2552, and along the southern boundary of Farm No. 3570 and then along the western
boundary of Farm No 3569; thence along the south-western boundaries on the western edge of the Zambia
Railway Reserve; thence northwards along the Railways Reserve to the point where it meets the southern
boundary of the Tara Reserve; thence north-westwards, north-eastwards and south-eastwards along the
boundaries of the Tara Reserve to the point where it meets the western edge of the Zambia Railways
Reserve; thence north-eastwards along the western edge of the Railway Reserve to Beacon D, the
south-eastern corner beacon of Farm No. 3191; thence along the south-western boundaries of Farms Nos.
3191, 3190 and 1636 to Beacon MC25 on the Nanjili River; thence up the Nanjili River to 1634 and the
north-eastern boundary of Farm No. 1633, and the north-western boundary of Farm No. 2107 to Beacon
OH14; thence northwards for approximately 9 kilometres to Konyimbwe Hill; thence north-westwards
passing through the Maliko Hills to the source of the Silukuyu River; thence down the Silukuyu River to its
confluence with the Munyeke River; thence down the Munyeke River to a point due south of the western end
of the Munamunji Rocks; thence northwards passing through the western end of these rocks to the source of
the Mpinda River; thence down the Mpinda River to its confluence with the Nagimburu River; thence
eastwards for approximately 9 kilometres to a point on the Munyeke River opposite Nkata Store; thence up
the Munyeke River for approximately 1.5 kilometres; thence on a bearing of approximately 3221/2 degrees
for approximately 9.5 kilometres to Beacon Z; thence on a bearing of approximately 3361/2 degrees for
approximately 10.5 kilometres to Beacon Y; thence on a bearing of approximately 2021/2 degrees for
approximately 12 kilometres to Beacon X on the Bwengwa River; thence up the Bwengwa River for
approximately 24 kilometres to a point about 3 kilometres north of the point where the Pemba-Namwala
Road crosses the river; thence on a bearing of approximately 285 degrees to the point of intersection of the
Pemba-Namwala Road with a road leading to farms in the Monze District; thence along the main road for
approximately 3 kilometres; thence along the north-western and north-eastern boundaries of Pemba
Township to Beacon Z242, the eastern corner beacon of the Pemba Township; thence south-westwards to
Beacon GN806, the northern beacon of Farm No. 2817; thence along the northern boundary of this farm to
Beacon GN807 on the boundary of Farm No. 1024; thence along the northern boundary of Farm No. 1024 to
the point where the Magoye River crosses the boundary; thence down the Magoye River to a point about 4
kilometres west of Mayula Hill; thence eastwards through the Mayula Hill to Silusuwa Hill; thence
south-eastwards to a beacon on Kasyalila Hill, the point of starting.

GWEMBE DISTRICT

Starting at Nakosonso Hill, on the Zambezi Valley escarpment, the


boundary proceeds southwards in a straight line to the confluence of
Lutembo and Lufua Rivers; thence down the Lufua River to its
confluence with the Zambezi River; thence in the south eastern direction
of a point on the International Boundary between Zambia and
Zimbabwe; thence up stream along the International Boundary to a point
south east of the confluence of the Zambezi River with the Jongolo
River; thence in a straight line north westwards to the confluence of the
Jongolo River and the Zambezi River; thence up the Jongolo River to
the point where it intersects the Zambezi Valley escarpment; thence
north eastwards along the edge of this escarpment passing north
eastwards along the edge of this escarpment passing through Kauba
Hills to the point where Chesia Stream breaks though the escarpment;
thence in a northerly direction to a point on the Tonga Reserve
Boundary 6.5 kilometres southwest of Zingwe Hill; thence in a straight
line in a north-westerly direction to a point 1.5 kilometres west of the
Gwembe Boma; thence north eastwards in a straight line to a point 1.5
kilometres north of Gwembe Boma; thence in a straight line eastwards
to a point on the Zambezi Valley escarpment about nine and half
kilometres north east of Zingwe Hill; thence it follows the escarpment
north eastwards to Nakasonso Hill, the point of starting.

KALOMO DISTRICT

Starting at a point on the Zambezi River where the International


boundaries of Zambia, Botswana and Namibia meet, the boundary
follows the Zambezi River upstream to its confluence with the Kasaya
River; thence up the Kasaya River to its confluence with the Machili
River; thence up the Machili River to a point due west of Beacon Y1 of
Farm No. 946; thence due east to Beacon Y1; thence eastwards,
northwards and westwards along the boundaries of Farm No. 946
through Beacons Y2, Y3, Y4, Y5, Y6, Y7, Y16 and Y15 to Beacon Y8
on the left bank of the Machili River; thence up the Machili River to its
source; thence eastwards for approximately 80 kilometres following the
watershed between Nazhila, Choma, Kafwifwi, Nkala and Musa Rivers
to the north and Ngwezi, Mulobezi and Kalobe Rivers to the south to the
source of the Siazungu River; thence north-eastwards for approximately
55 kilometres to a point on the southern edge of the Idiamala Pool;
thence east-north-eastwards for approximately 27 kilometres to Beacon
G on the Shapiwa River approximately 1.5 kilometres east of the point
where the path from Kalomo to Luchena crosses the Shapiwa River;
thence in a north-easterly direction for approximately 13 kilometres to
Beacon F at the confluence of the Sikaleta and Kayasankuni Stream;
thence in a south-easterly direction for approximately 10 kilometres to
Beacon E at the Lungunya River and Mukamufu Stream confluence;
thence down the Lungunya River for approximately 15 kilometres to a
point approximately 4 kilometres due north of where the Munyeke River
passes through the Situka Hill; thence due south to the Munyeke River;
thence up the Munyeke River to its confluence with the Sulukuya River;
thence up the Sulukuya River to its source; thence in a south-easterly
direction for approximately 6 kilometres to Konyimbwe Hill; thence in a
southerly direction for approximately 9 kilometres to Beacon OH14, the
north-westerly Beacon of Farm No. 2107 on the right bank of the
Musumanene River; thence in a south-westerly direction following the
boundary of Farm No. 2107 to Beacon M174, the north-eastern beacon
of Farm No. 1633 to Beacon MC19, the most northerly Beacon of Farms
Nos. 1633 and 1634; thence in a south-westerly direction to Beacon
MC19a, the north-west corner beacon of Farm No. 1634; thence
south-eastwards to a point on the Nanjali River; thence down the Nanjali
River to where it is intersected by the southern boundary of Farm No.
1636; thence south-eastwards along the southern boundary of Farm No.
1636 and Farm No. 1637 through Beacon MC27 to Beacon D on the
western edge of the Zambia Railways Strip Reserve; thence in a
south-westerly direction along the Zambia Railways Strip Reserve to
where it meets the north-eastern boundary of Tara; thence
north-westwards, south-westwards and the south-eastwards following
the Tara boundary to where it rejoins the western edge of the Zambia
Railways Strip Reserve; thence in a south-westerly direction along the
western edge of the Zambia Railways Strip Reserve to Mile Peg 1064;
thence in a south-easterly direction for approximately 9 kilometres to
the Mwemba River; thence up the Mwemba River to its source; thence
in a north-easterly direction for approximately 7 kilometres to Beacon
J1, the most southerly beacon of Farm No. 27a; thence in a
south-easterly direction for approximately 3.5 kilometres to the source
of the Zhimu River; thence down the Zhimu River to a point where it
emerges from the Zambezi Valley escarpment; thence in a
south-westerly direction along the edge of the Zambezi Valley
escarpment to the northern edge of the Malabo range of hills; thence
southwards along the Malabo range of hills to Kumateye Hill; thence
due west for approximately 26 kilometres to the source of the Mulola
River; thence down the Mulola River to its confluence with the Zambezi
River to a point on the Zambia-Rhodesia International Boundary; thence
up the Zambezi River following the International Boundary to a point
near the confluence of the Zambezi River and the Songwe River; thence
up the Songwe River to its confluence with the Lutwa Stream; thence up
the Lutwa Stream to its source; thence due north for approximately 7
kilometres to a point on the Nansanzu River; thence up the Nansanzu
River to where it is intersected by the south-eastern boundary of Farm
No. 2a near Beacon F274; thence in a north-easterly direction following
the eastern boundaries of Farms Nos. 2a, 3335 and 426a to Beacon
F310, the most easterly beacon of Farm No. 426a; thence
north-westwards following the north-eastern boundaries of Farms Nos.
422a and 426a to Beacon D, the most northerly Beacon of Farm No.
422a; thence in a north-easterly direction for approximately 5
kilometres to the Machinga Hill; thence continuing north-eastwards for
approximately 1 kilometre to Beacon Y34, the most southerly beacon of
Farm No. 3555; thence north-eastwards and north-westwards following
the boundaries of Farm No. 3555 through Beacon 1240 to Beacon 1269
on the south-eastern corner of Farm No. 860 (Makoli Reserve East);
thence north-eastwards and north-westwards following the boundaries
of Farm No. 860 through Beacon 1262 to Beacon 1261 on the eastern
edge of the Zambia Railways Strip Reserve; thence northwards along
the eastern edge of the Zambia Railways Strip Reserve to Beacon 1246,
the most westerly beacon of Farm No. 853; thence westwards crossing
the Zambia Railways Strip Reserve to Beacon 1247, the north-eastern
beacon of Farm No. 854; thence north-westwards and south-westwards
following the boundaries of Farm No. 856; thence north-westwards,
south-westwards and south-eastwards following the boundaries of Farm
No. 856 to Beacon 1258 on the north-western boundary of Farm No.
859 (Makoli Siding Reserve West); thence south-westwards and
south-eastwards following the boundaries of Farm NO. 859 through
Beacon 1266 to Beacon 1265 on the western edge of the Zambia
Railways Strip Reserve; thence south-westwards following the Zambia
Railways Strip Reserve to where it meets the Kabuyu Siding Reserve;
thence north-westwards, south-westwards and south-eastwards
following the boundary of Kabuyu Siding Reserve to where it meets the
Zambia Railways Strip Reserve; thence south-westwards following the
Zambia Railways Strip Reserve to Beacon Y98, the most easterly
beacon of Senkobo; thence north-westwards and south-westwards
following the boundaries of Senkobo through Beacon Y97 to Beacon E,
the most easterly beacon of Farm No. 1a; thence in a north-westerly,
south-westerly and south-easterly direction following the boundaries of
Farm No. 1a to Beacon Y106 on the Zambia Railways Strip Reserve;
thence south-westwards along the Zambia Railways Strip Reserve to
Beacon 0902, the north-easterly beacon of Farm No. 1059; thence
westwards along the northern boundary of Farm No. 1059 to Beacon
0903; thence continuing in a westerly direction for approximately 6
kilometres to the Sinde River; thence down the Sinde River to Beacon P,
the most northerly beacon of Farm No. 11a; thence due west for
approximately 16 kilometres to a point due north of Beacon C164, the
south-western corner beacon of Farm No. 3214 and approximately 1.5
kilometres west of Beacon C166 of Farm No. 749; thence due south for
approximately 10 kilometres passing through Beacon C164 to a point on
the Zambia-Zimbabwe International Boundary on the Zambezi River;
thence westwards along the Zambia-Zimbabwe International Boundary
on the Zambezi River; thence westwards along the Zambia-Zimbabwe
International Boundary, to the point of starting.

LIVINGSTONE DISTRICT

Starting at a point on the Sinde River near Beacon P, the northernmost


beacon of Farm No. 11a, the boundary follows the Sinde River upstream
to a point approximately 3 kilometres south of Beacon F248, the
south-eastern corner beacon of Farm No. 420a "Kaunga"; thence
eastwards for approxiamtely 6 kilometres to Beacon 0903, the
north-western corner beacon of Farm No. 1059; thence along the
northern boundary of this farm to Beacon 0902 on the abandoned
Zambia Railways Strip Reserve; thence north-eastwards along the
western edge of the Railway Reserve to Beacon Y106 which is on the
Zambia Railways Strip Reserve; thence along the boundaries of Farm
No. 1a through Beacons A, B and D to Beacon E; thence along the
boundaries of Senkobo through Beacon Y97 to Beacon Y98, the
easternmost corner beacon of Senkobo; thence north-eastwards along
the western boundary of the Zambia Railways Strip Reserve to where it
meets the Kabuyu Siding Reserve; thence along the boundaries of the
Kabuyu Siding Reserve to Beacon 1265, the south-eastern corner
beacon of Farm No. 859 Makoli Siding Reserve West; thence along the
boundaries of this farm through Beacon 1266 to Beacon 1258, the
southern corner beacon of Farm No 856; thence north-westwards,
north-eastwards and south-eastwards along the boundaries of this farm
of Beacon 1249, the south-western corner beacon of Farm No. 854;
thence north-eastwards and south-eastwards through Beacon 1248 to
Beacon 1247 on the western edge of the Zambia Railways Strip
Reserve; thence eastwards across the Strip Reserve to Beacon 1246 on
its eastern edge; thence south-wards along the eastern edge of the Strip
Reserve to Beacon 1261, the north-western corner beacon of Farm No.
860 Makoli Reserve East; thence south-eastwards and south-westwards
along the boundary of this farm through Beacon 1262 to Beacon 1269,
the northernmost corner beacon of Farm No. 3555 (formerly Farm No.
972); thence south-eastwards and south-westwards along the boundary
of this farm through Beacons 1240 and Y34 passing through the
Muchinga Hills to Beacon D, the northerly corner beacon of Farm No.
422a; thence along the north-eastern boundaries of Farms Nos. 422a and
426a to Beacon F310, the eastern corner beacon of Farm No 426a;
thence south-westwards along the boundaries of Farms Nos. 426a, 3335
and 2a to Beacon F214 on the Nansanzu Stream; thence down the
Nansanzu Stream to Beacon GN475, the northern corner beacon of
Farm No. 2258; thence southwards along the eastern boundary of this
farm passing through Beacon GN476 for approximately 7 kilometres to
the source of the Lutwa Stream; thence down the Lutwa Stream to its
confluence with the Songwe Stream; thence down the Songwe to its
confluence with the Zambezi River; thence in a straight line westwards
to the point where this line intersect the International Boundary between
Zambia and Zimbabwe; thence up the Zambezi River along the
International Boundary to a point opposite Beacon C164, the south-west
corner beacon of Farm No. 3214, and approximately 1.5 kilometres west
of Beacon C166 of Farm No. 749; thence northwards for approximately
10.5 kilometres passing through Beacons C164, Y802 and SH72; thence
in a straight line due east for approximately 15.5 kilometres to a point on
the Sinde River near Beacon P, the northernmost corner beacon of Farm
No. 11a, the point of starting.

MAZABUKA DISTRICT

Starting at Beacon Z, the north-eastern beacon of Farm No. 55a


"Lochinvar Ranch", the boundary runs on a bearing of approximately
202 degrees for approximately 15 kilometres to the western extremity of
the Luwato Lagoon; thence north-eastwards and south-eastwards down
this lagoon to its confluence with the Kafue River; thence eastwards
down the Kafue River to its confluence with the Wamba River; thence
south-westwards up the Wamba River to its confluence with the
Lusangazi River; thence up the Lusangazi River to a point north of the
source of the Nakayambwe River; thence south-westwards to the source
of the Nakayambwe River; down this river to its confluence with the
Musaya and Malengo Rivers; thence up the Malengo River to its source;
thence on a bearing of approximately 301/2 degrees to the point where the Lusitu River
breaks through the escarpment to the Zambezi River; thence on a bearing of approximately 71 degrees for
approximately 30 kilometres to Nakasonsa Hill; thence on a bearing of approximately 105 degrees for
approximately 34 kilometres; thence north-westwards on a bearing of approximately 1231/2 degrees for
approximately 22.5 kilometres to Beacon H145, the eastern corner Beacon of Farm No. 581 on the south
bank of the Nalube River; thence down the Nalube River to its confluence with the Magoye River; thence
down the Magoye River to Beacon SW38 the north-eastern corner Beacon of Farm No. 3389; thence in a
westerly direction along the northern boundary of Farm No. 3389 to Beacon H372, the north-western corner
beacon of this farm; thence across the Zambia Railways Strip Reserve to Beacon SW16, the most southerly
corner beacon of Farm No. 2613; thence along the south-western boundaries of Farms Nos. 2613 and 2612
to Beacon SW15, the westerly corner beacon of Farm No. 2612; thence on a bearing of approximately 139
degrees for approximately 38 kilometres to Beacon Z, the point of starting.

MONZE DISTRICT

Starting at Beacon A on the Izhimo Plain, the boundary runs on a


bearing of approximately 13 degrees for approximately 5 kilometres to
the source of the Luinga River; thence down the Luinga River for
approximately 16 kilometres; thence on a bearing of approximately 75
degrees for approximately 9.5 kilometres to Beacon J1, the
south-western corner beacon of Farm No. 55a "Lochinvar Ranch";
thence along the western boundary of Farm No. 55a through Beacon K1
to Beacon V on the south bank of the Kafue River; thence down the
Kafue River to Beacon Z the north-eastern corner of Farm No. 55a;
thence on a bearing of approximately 139 degrees for approximately 38
kilometres to Beacon SW15, the western beacon of Farm No. 2612;
thence south-eastwards along the south-western boundaries of Farms
Nos. 2612 and 2613 to Beacon SW16; thence across the Zambia
Railways Strip to Beacon H372, the north-western corner beacon of
Farm No. 3389; thence along the northern boundary of Farm No. 3389
to Beacon SW38, the north-eastern corner of this farm; thence up the
Magoye River to its confluence with the Nalube River; thence up the
Nalube River to Beacon H145, the eastern beacon of Farm No. 58;
thence on a bearing of approximately 1231/2 degrees for approximately 22.5
kilometres; thence on a bearing of approximately 105 degrees for approximately 34 kilometres to Nakasonsa
Hill; thence on a bearing of approximately 251 degrees for a distance of approximately 41.5 kilometres;
thence north-westwards to a bearing of approximately 265 degrees for approximately 18 kilometres to a
point about 1.5 kilometres north of Gwembe Boma; thence in a straight line to Kasyalila Hill about 1.5
kilometres west of Gwembe Boma; thence westwards through Silusuwo and Mayula Hills to a beacon on the
Magoye River 4 kilometres west of Mayula Hill; thence up the Magoye River to the point where it crosses
the northern boundary of Farm No. 1024; thence along this boundary to Beacon GN807, the south-eastern
corner beacon of Farm No. 2817; thence along the north-eastern boundary of this farm to Beacon GN806 on
the south-eastern boundary of Pemba Township; thence north-easterly along this boundary of Pemba
Township to Beacon Z242, the eastern corner beacon of Pemba Township; thence north-westwards along
the north-eastern boundary of Pemba Township to Beacon Z249, the north-western corner beacon of Pemba
Township; thence south-westwards along the north-western boundary to the point where the
Pemba-Namwala Road crosses the Pemba Township boundary; thence north-westwards for approximately 3
kilometres to a beacon at the point of intersection of this road and the road leading to Farm No. 261a; thence
on a bearing approximately 285 degrees for approximately 25 kilometres to a beacon on the Bwengwa River;
thence down the Bwengwa River for approximately 24 kilometres to Beacon X on the Bwengwa River;
thence on a bearing of approximately 2381/2 degrees for approximately 13 kilometres to Beacon Y; thence
on a bearing of 3361/2 degrees for approximately 10.5 kilometres to Beacon Z; thence on a bearing of
approximately 52 degrees for approximately 5 kilometres to Beacon A, the point of starting.

NAMWALA DISTRICT

Starting at Beacon KNPW32 on the watershed between Zambezi and


Kafue Basins and approximately 70 kilometres due west of the Kafue
and Mwengwa Rivers, the boundary runs eastwards to the said
confluence; thence continuing eastwards for approximately 40
kilometres to Chinenga Old Boma; thence eastwards for approximately
43 kilometres to Chalobeti Hills; thence south-eastwards through a point
on the Chibila River 1.5 kilometres south of the crossing of the Old
Mumbwa-Namwala Mail Path for a distance of approximately 7
kilometres to a point east of the Chibila River; thence south-westwards
for approximately 12 kilometres to Shimalula Pool; thence due east for
approximately 24 kilometres; thence south-eastwards for approximately
8 kilometres to a point about 9.6 kilometres south-west of Beacon E65A
of Farm No. 3131 "Blue Lagoon"; thence south-south eastwards to a
point on the Kafue River 6.5 kilometres from the north-western Beacon
V of Farm No. 55a "Lochinvar"; thence up the Kafue River to a point on
the left bank opposite Beacon J1; thence south-westwards for
approximately 10 kilometres to the confluence of the Luinga Stream and
Mutama (Bwengwa) River; thence up the Mutoma Stream to the point
where the Road B92 crosses it; thence south-westwards through a series
of beacons to Beacon A at Izhimo Marsh; thence south-westwards for
approximately 5 kilometres to Beacon Z; thence westwards for
approximately 9.5 kilometres to Beacon A on the west bank of the
Munyeke River and 11 kilometres downstream from Mapanza Mission;
thence down the Munyeke River and for approximately 1.5 kilometres
to Beacon B on the west bank of the Munyeke River north of Masensa;
thence westwards for approximately 9 kilometres to Kunga Kasika at
the confluence of the Chitongomungu and Mpinda Streams; thence up
the Mpinda Stream to its source; thence south-westwards to Beacon C at
Mobola approximately 9.5 kilometres due north of Beacon D at the west
end of the Munamunji Rocks; thence due south through the said beacon
to the Lungunya River; thence up this river to Beacon E at its confluence
with the Mukafumu Stream; thence north-westwards to Beacon F on the
Sikaleta at its confluence with the Kayasankuni Stream; thence
north-westwards to Beacon G on the Shapwiya Stream approximately
1.5 kilometres east of the point where the path from Kalomo to Luchena
crosses the Shapwiya Stream; thence westwards for approximately 27
kilometres to the southern edge of the Idiomaala Pool; thence
south-westwards for approximately 55 kilometres to the source of the
Siazingu River on the watershed between Nanzhila, Choma, Kafwifwi,
Nkala and Musa Rivers on the north and the Ngwezi, Mulobezi and
Kalobe Rivers on the south; thence generally northwards along this
watershed passing through Beacons KNPW1 to KNPW31, inclusive, for
approximately 205 kilometres to Beacon KNPW32, the point of
starting.

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

Starting at a point on the International Boundary between Zambia and


Zimbabwe in the Zambezi River, south of the confluence of the Mulola
River and Zambezi River, the boundary runs in a straight line
northwards to the said confluence; thence in the general northern
direction up the Mulola River to its source; thence in a straight line in an
eastern direction of the Kamateye Hill; thence edge of the Zambezi
Valley escarpment; thence north eastwards along the edge of this
escarpment to the point where the Jongolo River intersects this
escarpment; thence down the Jongolo River line to a point on the
International Boundary between Zambia and Zimbabwe; thence
generally in the southern direction along the International Boundary to a
point south of the confluence of the Mulola River with the Zambezi
River, the point of starting.

WESTERN PROVINCE

KALABO DISTRICT

Starting at latitude 14 degrees South on the Zambia-Angola


International Boundary, the boundary runs in a south-easterly direction
for approximately 64 kilometres to the confluence of the Mulonga
Stream and the Luambimba River; thence down the Luambimba River
to its confluence with the Walote Stream; thence in a south-easterly
direction for approximately 27 kilometres to the confluence of the
Luena River and the Zambezi River; thence down the Zambezi River to
its confluence with the Luanginga River; thence up the Luanginga River
to its confluence with the Ilukuti Canal; thence along the IIukuti Canal
to Simbuyu Lake; thence across Simbuyu Lake to IIute Canal; thence
along the IIute Canal to Lake IIute; thence due west to a point
immediately north of Manduwani Village and due west of the north
western limit of Lake IIute; thence southwards along the western edge
of the Kalamba Forest for approximately 52 kilometres; thence in a
south-westerly direction for approximately 59 kilometres to a point on
the Southern Lueti River; thence in a south-westerly direction for
approximately 70 kilometres to Boundary Pillar 37 on the
Zambia-Angola International Boundary; thence along this International
Boundary to the point where latitude 14 degrees South intersects this
International Boundary, the point of starting.

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

Starting at a point on the Zambezi-Angola International Boundary


where it is intersected by the Lutembwe River near Beacon M10, the
boundary follows the Lutembwe River down stream to its confluence
with the Lungwebungu River; thence down the Lungwebungu River to
its confluence with the Litapi River; thence in a north-easterly direction
for approximately 9 kilometres to the source of the Kawelele River;
thence down the Kawelele River to its confluence with the Chinonwe
River; thence north-eastwards for approximately 8 kilometres to a point
on the Kashiji-Chinonwe watershed; thence south-eastwards for
approximately 20 kilometres to a point approximately 4 kilometres due
west of the confluence of the Kashiji River and the Mukumba Stream;
thence due east to the confluence of the Kashiji River and the Mukumba
Stream; thence up the Mukumba Stream to its source; thence in a
southerly direction for approximately 6 kilometres to the source of the
Kabula Stream; thence down the Kabula Stream to its confluence with
the Zambezi River; thence down the Zambezi River to its confluence
with the Kabompo River; thence up the Kabompo River to its
confluence with the Dongwe River; thence up the Dongwe River to its
confluence with the Mwimba River; thence up the Mwimba River to its
source; thence in a south-westerly direction for approximately 14
kilometres to the source of the Nabowa River; thence down the Nabowa
River to its confluence with the Luena River; thence down the Luena
River to its confluence with the Zambezi River; thence in a
north-westerly direction for approximately 27 kilometres to the
confluence of the Luambimba River and the Walota Stream; thence up
the Luambimba River to its confluence with the Mulonga Stream;
thence in a north-westerly direction for approximately 64 kilometres to a
point where latitude 14 degrees South intersects the Zambia-Angola
International Boundary; thence northwards along the International
Boundary to where it is intersected by the Lutembwe River, the point of
starting.

MONGU DISTRICT

Starting at the confluence of the Zambezi and Luena Rivers, the


boundary follows the Luena River upstream to its confluence with the
Likolomani River; thence in a southerly direction for approximately 23
kilometres to a point 1.5 kilometres west of Kaba Hill Mission; thence in
a south-easterly direction for approximately 74 kilometres to the
confluence of the Nakayembe and Siyowe Rivers; thence in a
south-westerly direction for approximately 62 kilometres to Kaulu
Plain; thence in a north-westerly direction for approximately 40
kilometres to Mwanalushi Village; thence in a north-westerly direction
for approximately 40 kilometres to a point just north of Kataba Plain;
thence in a south-westerly direction for approximately 17 kilometres to
a point just south of Namushakende; thence in a westerly direction for
approximately 9 kilometres to the confluence of the Zambezi and Little
Rivers; thence up the Zambezi River for approximately 6.5 kilometres;
thence in a south-westerly direction for approximately 18 kilometres to
the western edge of the Kalamba Forest; thence northwards along the
western edge of Kalamba Forest for approximately 52 kilometres to a
point immediately north of Manduwani Village and due west of the
North-western limit of the IIute Lake; thence eastwards across Lake
IIute to the point where the IIute Canal enters it; thence south-eastwards
along this canal to Lake Simbuyu; thence south-eastwards across Lake
Simbuyu to the western end of the IIukuti Canal; thence south-eastwards
along this canal to the Luanginga River; thence down the Luanginga
River to its confluence with the Zambezi River; thence up the Zambezi
River to its confluence with the Luena River, the point of starting.

SENANGA DISTRICT

Starting on the Zambia-Angola International Boundary at Boundary


Pillar 37, the boundary follows a north-easterly direction for
approximately 70 kilometres to a point on the Southern Lueti River;
thence in a north-easterly direction for approximately 77 kilometres to a
point on the Zambezi River approximately 6.5 kilometres upstream
from its confluence with Little River; thence down the Zambezi River to
its confluence with Little River; thence in an easterly direction for
approximately 9 kilometres to a point just south of Namushakende;
thence in a north-easterly direction for approximately 17 kilometres to a
point just north of Kataba Plain; thence in a south-easterly direction for
approximately 40 kilometres to Mwanalushi Village; thence in a
south-easterly direction for approximately 35 kilometres to Kaulu Plain;
thence in a north-easterly direction for approximately 62 kilometres to
the confluence of the Nakayembo and Siyowe Rivers; thence
south-eastwards for approximately 55 kilometres to the source of the
Lumbe River; thence down the Lumbe River to its confluence with the
Zambezi River; thence in a south-south-westerly direction for
approximately 20 kilometres to the Nalusuku Pool; thence in a southerly
direction for approximately 5 kilometres to Kashoka Old Village;
thence in a westerly direction for approximately 15 kilometres to
Selonga Old Village; thence in a southerly direction for approximately 9
kilometres to Changa Pool; thence in a south-westerly direction for
approximately 18 kilometres to Malombe Pool; thence in a
south-westerly direction for approximately 9 kilometres to Kasaya Pool;
thence in a south-westerly direction for approximately 29 kilometres to
the confluence of the Kalabo Dambo and Kwando River; thence up the
Kwando River following the Zambia-angola International Boundary to
Boundary Pillar No. 37, the point of starting.

SESHEKE DISTRICT

Starting at a point on the Zambia-Namibia-Angola International


Boundary, the boundary follows the Zambia-Angola International
Boundary westwards along the Kwando River to its confluence with the
Kalao Dambo; thence in a north-easterly direction for approximately 29
kilometres to Kasaya Pool; thence in a north-easterly direction for
approximately 9 kilometres to Malombe Pool; thence in a north-easterly
direction approximately 18 kilometres to Changa Pool; thence in a
northerly direction for approximately 9 kilometres to Selonga Old
Village; thence in an easterly direction for approximately 15 kilometres
to Kashoka Old Village; thence in a northerly direction for
approximately 5 kilometres to Nalusuku Pool; thence in a
north-north-easterly direction for approximately 20 kilometres to the
Zambezi River and the Lumbe River; thence up the Lumbe River to its
source; thence southwards and eastwards along the watershed of the
Luampo River and the Njoko River for approximately 120 kilometres to
the source of the Machili River; thence down the Machili River to a
point due west of Beacon Y8, the north-western corner beacon of Farm
No. 946; thence along the northern, eastern and southern boundaries of
Farm No. 946 through Beacons Y8, Y7, Y6, Y5, Y4, Y3, Y2 and Y1 on
the left bank of the Machili River; thence down the Machili River to its
confluence with the Kasoya River; thence down the Kasoya River to its
confluence with the Zambezi River at a point on the Zambia-Namibia
International Boundary; thence in a westerly direction along the
International Boudary to where it meets the Zambia-Angola
International Boundary, the point of starting.

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

An Act to make provision for the recognition, appointment and 67 of 1965


functions of Chiefs and Deputy Chiefs; for the exclusion of former 13 of 1994
Chiefs and Deputy Chiefs from specified areas in the interests of public
order; for the appointment and functions of kapasus; and for matters
incidental to or connected with the foregoing.
[1st November, 1965]

1. This Act may be cited as the Chiefs Act. Short title

2. In this Act, unless the context otherwise requires- Interpretation

"Chief" means a person recognised under this Act as the holder of an


office specified by or under section three;

"Deputy Chief" means a person holding office under this Act as the
deputy to a Chief;

"kapasu" means a person holding or acting in the office of kapasu to a


Chief or Deputy 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 office of Litunga of the Western Province or of any other


chiefly office in the Western Province specified in the order;

(b) the office of Paramount Chief, Senior Chief, Chief or Sub-Chief.

(2) No person shall be recognised under this section as the holder of an


office unless-

(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

(b the withdrawal of the recognition accorded to the person is


necessary in the interests of peace, order and good government.

(2) Where the President deems it expedient to inquire or cause inquiry


to be made into the question of the withdrawal of the recognition
accorded to a person under this Act, he may, by statutory order, suspend
the recognition so accorded until such time as the inquiry has been
completed and the President has made a decision on the question.

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-

(a) appoint any person as the deputy to that Chief; and

(b) subject to the provisions of subsection (2), transfer to the person


so appointed, for such period as the order remains in force, all or any of
the functions of the office of that Chief.

(2) The traditional functions of the office of a Chief under African


customary law shall not be transferred under this section to a Deputy
Chief except to the extent that such functions may competently be
discharged under African customary law by a person other than a Chief.

7. (1) Where the recognition accorded to a person as a Chief or the Exclusion of


appointment of a person as a Deputy Chief has been withdrawn or former Chief or
revoked under this Act, and the President is satisfied that the presence of Deputy Chief
such person in any area would be prejudicial to the maintenance of from specified
public order in that area, the President may, by notice under his hand, area
prohibit such person from being within the area specified in the notice
on and after a date specified in the notice, except in such circumstances
and on such conditions, if any, as may be specified in the notice.

(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.

(4) Any person who contravenes the provisions of a notice in force


under subsection (1) shall, for every such contravention, be guilty of an
offence and liable on conviction to imprisonment for a period not
exceeding six months.

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.

(2) Power to make appointments to hold or act in the office of kapasu to


a Chief or Deputy Chief, to exercise disciplinary control over persons
holding or acting in such offices, to remove such persons from office,
and to determine the salaries and allowances payable to, the uniform or
badge of office to be worn by, and the other conditions of service of
persons holding or acting in such offices shall vest in the President.

(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

(b) such functions as may be conferred or imposed upon him by this


Act or by or under any other written law.

(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.

(2) Whenever a riot, affray or similar disorder occurs in the area of a


Chief, a kapasu thereto directed by the Chief may, when in uniform or
wearing his badge of office-

(a) require any male person in the vicinity to assist him in quelling
the riot, affray or disorder;

(b) arrest, without warrant, any person upon reasonable suspicion of


his having committed an offence in connection with the riot, affray or
disorder and detain any person so arrested until he can be delivered into
the custody of a police officer or brought before a court of competent
jurisdiction to be dealt with according to law.

(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.

(4) In this section-

(a) "area", in relation to a Chief, means the area in Zambia within


which recognition is accorded to the Chief under this Act;

(b) references to a Chief shall, in a case where the functions of the


office of a Chief under this section have been transferred to a Deputy
Chief, be construed as references to the Deputy Chief.
(As amended by Act No. 13 of 1994)

12. Any person who- Offences and


(a) not being a Chief or a Deputy Chief, holds himself out to be such penalties
or purports to discharge any of the functions of the office of Chief or
Deputy Chief; or
(b) conspires against or in any manner attempts to undermine the
lawful power or authority of a Chief or Deputy Chief; or
(c) obstructs or interferes with the lawful discharge by a Chief or
Deputy Chief of any of the functions of his office;
shall be guilty of an offence and shall be liable on conviction-
(i) for a contravention of paragraph (a) or (b), to a fine not
exceeding three thousand penalty units or to imprisonment for a period
not exceeding one year, or to both;
(ii) for a contravention of paragraph (c), to a fine not exceeding
seven hundred and fifty penalty units or to imprisonment for a period
not exceeding three months, or to both.
(As amended by Act No. 13 of 1994)

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-

(a) was recognised by the President to be of chiefly status in the


Western Province; or

(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.

(2) Any person who, immediately before the commencement of this


Act, held an appointment as the deputy to a Chief under the Native
Authority Act, Chapter 157 of the 1965 Edition of the Laws, shall be
deemed to have been appointed to the equivalent office under this Act;
and any functions of the office of a Chief which were lawfully vested in
him under that Act shall be deemed to have been transferred to him
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

3. Appointment of District Messengers


4. Postings
5. Conditions of service

PART III
POWERS, DUTIES AND DISCIPLINE OF DISTRICT
MESSENGERS

6. Powers and duties, etc., of District Messengers

PART IV
MISCELLANEOUS

7. Obstruction, etc., of District Messengers


8. Offences
9. General penalty
10. Regulations

SCHEDULE-Form of declaration

CHAPTER 288
DISTRICT MESSENGERS

An Act to provide for the appointment, conditions of service, powers, 48 of 1960


duties and discipline of District Messengers; and to provide for matters Government
incidental to or connected with the foregoing. Notices
[2nd December, 1960] 339 of 1964
497 of 1964
Statutory
Instrument
66 of 1965
Act No. 13 of
1994

PART I

PRELIMINARY
1. This Act may be cited as the District Messengers Act. Short title

2. In this Act, unless the context otherwise requires- Interpretation

"District Messenger" means a person employed as a District Messenger


or appointed thereafter as a District Messenger;

PART II

APPOINTMENT AND CONDITIONS OF SERVICE OF


DISTRICT MESSENGERS

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

(2) Every person shall, before making the declaration required by


subsection (1), answer truthfully any questions as to his previous career
or service in any capacity, either in Zambia or elsewhere, which may be
put to him by an Administrative Officer for purposes related to his
proposed appointment or service.
(As amended by G.N. No. 339 of 1964)

4. Every District Messenger shall be liable to serve in any part of Postings


Zambia.

5. Every District Messenger shall be a member of the Civil Service Conditions of


and, subject to the provisions of this Act and of any regulations made service
hereunder, the conditions of service and superannuation privileges of Cap. 260
District Messengers shall be in accordance with the Rules.

PART III

POWERS, DUTIES AND DISCIPLINE OF DISTRICT


MESSENGERS

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.

(2) A reference in any written law to a non-cognizable offence shall, for


the purposes of the exercise of powers of arrest by a District Messenger,
be deemed to include a reference to an offence against African
customary law.

(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;

(b) report to the Administrative Officer in charge of the office to


which he is for the time being attached all matters which may directly or
indirectly come to his knowledge affecting the general administration of
the Republic;

(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)

8. Any person who is not a District Messenger who- Offences


(a) wears any dress which is the same as, or is a colourable imitation
of, any uniform worn by District Messengers; or
(b) unless duly authorised so to do, gives, lends, sells or supplies in
any manner for any purpose to any person any such dress; or
(c) represents by words or conduct that he or any other person is a
District Messenger knowing that such representation is false;
shall be guilty of an offence.
(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

THE REGISTRATION AND DEVELOPMENT OF


VILLAGES ACT

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Section
1. Short title
2. Interpretation

PART II
REGISTRATION OF VILLAGES AND THEIR
INHABITANTS

3. Registration of villages and their inhabitants


4. Change of village
5. Special provisions for registration of certain persons

PART III
PROVISIONS RELATING TO THE ESTABLISHMENT,
COMPOSITION
AND FUNCTIONS OF A VILLAGE PRODUCTIVITY
COMMITTEE

6. Provisions relating to the establishment and composition of a


Village Productivity Committee
7. Election of members of Productivity Committee
8. Functions and duties of Productivity Committee
9. Funds of Productivity Committee
10. Powers and duties of Chairman of Productivity Committee

PART IV
PROVISIONS RELATING TO THE ESTABLISHMENT,
COMPOSITION
AND FUNCTIONS OF A WARD COUNCIL

11. Provisions relating to the establishment and composition of a


Ward Council
12. Functions and duties of Ward Council
13. Powers and duties of Chairman of Ward Council

PART V
PROVISIONS RELATING TO THE ESTABLISHMENT,
COMPOSITION
AND FUNCTIONS OF A WARD DEVELOPMENT
COMMITTEE

14. Provisions relating to the establishment of a Ward


Development Committee
15. Functions and duties of Ward Development Committee
16. Funds of Ward Development Committee

PART VI
POWERS AND DUTIES OF A CHIEF

17. Powers of a Chief


18. Duties of a Chief

PART VII
OFFENCES, PENALTIES AND GENERAL

19. Offences and penalties


20. Regulations

FIRST SCHEDULE-Functions and duties of a Productivity Committee

SECOND SCHEDULE-Functions and duties of a Ward Council

THIRD SCHEDULE-Functions and duties of a Ward Development


Committee
CHAPTER 289

REGISTRATION AND DEVELOPMENT OF VILLAGES 30 of 1971


13 of 1994

An Act to provide for the registration of villages and of the inhabitants


thereof; to provide for the establishment of Village Productivity
Committees, Ward Councils and Ward Development Committees; and
to provide for matters connected with or incidental to the foregoing.
[19th October, 1971]

PART I

PRELIMINARY

1. This Act may be cited as the Registration and Development of Short title
Villages Act.

2. In this Act, unless the context otherwise requires- Interpretation

"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;

"Headman" means a villager who is recognised as the Headman of a


village in a rural area by all or a majority of the other villagers under
their customary law to be their Headman and who is also recognised as
such by their Chief;

"household" means an inhabitant including all members of his own


immediate family;

"inhabitant" means a villager who has attained the age of fourteen years
and who habitually and in fact resides in a village;

"prescribed" means prescribed by statutory instrument by the Minister;

"rural area" shall have the meaning assigned to it in section two of the Cap. 281
Local Government Act;

"village" means a settlement in a rural area of which there is a Headman


recognised as such by all or a majority of the villagers and their Chief
under their customary law, and "villager" shall be construed
accordingly;

"ward" shall have the meaning assigned to it in section two of the Local Cap. 282
Government Elections Act;

PART II

REGISTRATION OF VILLAGES AND THEIR


INHABITANTS

3. (1) A District Secretary in a rural area shall- Registration of


villages and
their inhabitants

(a) supply to a Chief in his district-


(i) a prescribed form of register (hereinafter referred to as "the
village register") for the purpose of recording therein the particulars
mentioned in subsection (2) in respect of each village within his area;
and
(ii) a prescribed form of master register (hereinafter referred to as
"the master village register") for the purpose of recording therein all the
particulars recorded in each village register in his area;

(b) assist a Headman in his district to prepare and maintain the


village register;

(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;

(b) whenever required by his Chief or by his District Secretary,


permit his Chief or his District Secretary to inspect and to take a copy of
the entries in the village register for the purpose of compiling and
maintaining the master village register;

(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.

(3) A Chief shall in his area-

(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.

4. Every person who, having been registered as an inhabitant of a Change of


village pursuant to subsection (2) of section three, ceases to be an village
inhabitant of that village, either by becoming an inhabitant of another
village or otherwise, shall inform the Headman of his village that he has
ceased to be an inhabitant of that village and, thereupon, the Headman
of his village shall amend his village register accordingly; and, if he
becomes an inhabitant of another village, he shall forthwith inform the
Headman of the second-named village that he has become an inhabitant
of such village and, thereupon, the Headman of the second-named
village shall inform his Chief of such change of habitation in accordance
with the aforementioned subsection (2).

5. (1) Notwithstanding the provisions contained in this Part, a Special


Headman shall, on request made to him in writing by a citizen of provisions for
Zambia, record in the village register the particulars, or such of the registration of
particulars as are furnished by him to the Headman mentioned in certain persons
subsection (2) (a) of section three, if the person who makes such request
satisfies the following conditions:

(a) he has attained the age of at least fourteen years at the time of
making such request;

(b) he, either of his parents, one of his grandparents or great


grandparents was born in that village;

(c) he is not an inhabitant of that village or of any other village.

(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

PROVISIONS RELATING TO THE ESTABLISHMENT,


COMPOSITION AND FUNCTIONS OF A VILLAGE
PRODUCTIVITY COMMITTEE

6. (1) There shall be established a Village Productivity Committee Provisions


(hereinafter referred to as the "Productivity Committee") for each relating to the
village within the Republic consisting of- establishment
and
composition of
a Village
Productivity
Committee

(a) not less than twenty households; or

(b) in the case of a village having less than twenty households, a


combination of such villages provided that, in such a case, the number
of such villages does not exceed five in number.

(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-

(a) a Chairman who shall be-


(i) in the case of the Productivity Committee representing one
village, the village Headman;
(ii) in the case of the Productivity Committee representing more
than one village, such person as the Productivity Committee may elect
from among its members;

(b) a Secretary/Treasurer who shall be elected or appointed from


among its members.

(3) The term of office of the Chairman of the Productivity Committee


shall be for a period of three years and he shall not be entitled to receive
any remuneration in respect of such office.

(4) The Secretary/Treasurer shall be the chief administrative and


finance officer of the Productivity Committee, and shall be responsible
for the co-ordination of all the work of the Productivity Committee and
for the keeping of all records relating to its proceedings and decisions,
and for ensuring the implementation of such decisions.

(5) The term of office of the Secretary/Treasurer of the Productivity


Committee shall be for a period of three years and he shall not be
entitled to receive any remuneration in respect of such office.

7. (1) A Chief having jurisdiction in the area in which a Productivity Election of


Committee is to be established shall summon the first meeting of the members of
inhabitants of each village, or combination of villages as mentioned in Productivity
subsection (1) of section six, within his jurisdiction for the purpose of Committee
electing members of the Productivity Committee. Such meeting shall be
held as soon as practicable after the commencement of this Act, and the
result of the election at such meeting shall be determined by a majority
of votes of the inhabitants present and voting at the meeting.

(2) The members of the Productivity Committee shall be elected every


three years.

(3) In the event of any vacancy occurring in the membership of the


Productivity Committee, either by reason of death of any member or for
any reason whatsoever, an election shall be held to fill such vacancy in
the manner prescribed in subsection (1).

(4) A person shall cease to be a member of the Productivity Committee-

(a) if he ceases to be an inhabitant of a village represented by the


Productivity Committee;

(b) if he remains out of his village for more than three months; or

(c) if he fails to attend two consecutive meetings without the


permission of the Chairman of the Productivity Committee.
(5) A meeting of the Productivity Committee shall be held as required
by the Chairman or at the request of any member of the Productivity
Committee made to the Chairman for that purpose and any such meeting
may be adjourned from time to time and from place to place.

(6) At any meeting of the Productivity Committee a majority of its


members shall form a quorum.

(7) Any question proposed for decision by the Productivity Committee


shall be determined by a majority of votes of the members present and
voting at that meeting.

(8) At any meeting of the Productivity Committee 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.

8. The functions and duties of the Productivity Committee shall be as Functions and
described in the First Schedule. duties of
Productivity
Committee

9. The funds of the Productivity Committee may consist of collections Funds of


from the inhabitants of the village or villages, as the case may be, and it Productivity
shall be the duty of the Secretary/Treasurer to ensure that such funds are Committee
kept in such bank or building society as he may be directed by the
Productivity Committee and he shall keep and maintain a true record of
all receipts and payments and he shall account for the same to the
Productivity Committee when required so to do.

10. The Chairman of the Productivity Committee- Powers and


(a) shall be the chief executive of the Productivity Committee and duties of
shall be responsible for its overall organisation; Chairman of
Productivity
(b) shall preside at its meetings; Committee
(c) shall report the proceedings and outcome of such meetings to the
Ward Council mentioned in section eleven;
(d) shall report all decisions reached at each meeting of the Ward
Council mentioned in section eleven and of the Ward Development
Committee mentioned in section fourteen (including a report of
developments, economic and social, throughout Zambia, affecting the
interests and development of the ward) to the Productivity Committee.

PART IV

PROVISIONS RELATING TO THE ESTABLISHMENT,


COMPOSITION AND FUNCTIONS OF A WARD
COUNCIL

11. (1) There shall be established a Council (hereinafter referred to as Provisions


the "Ward Council") in each ward of a rural area, consisting of the relating to the
following members, namely: establishment
and
composition of
a Ward council

(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;

(b) two representatives of each Productivity Committee within the


area of the ward, one of whom shall be the Chairman of each such
Productivity Committee.

(2) There shall be a Secretary/Treasurer of the Ward Council who shall


be elected from among its members and appointed to hold a like office
by the Ward Development Committee mentioned in section fourteen,
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.

(4) The Secretary/Treasurer shall be the chief administrative and


finance officer both of the Ward Council and the said Ward
Development Committee and, in addition to his duties specified in
subsection (2) of section sixteen, he shall be responsible for the
co-ordination of the work of the Ward Council and the said Ward
Development Committee and for keeping the respective records of their
proceedings and decisions, and for ensuring the implementation of such
decisions.

(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

13. The Chairman of the Ward Council- Powers and


(a) shall be the chief executive of the Ward Council and shall be duties of
responsible for its overall organisation; Chairman of
Ward Council
(b) shall preside at its meetings;
(c) shall report the proceedings and outcome of each meeting of the
Ward Council to-

(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

(iii) the Chief having jurisdiction in the area of the ward;


(d) shall report to the Ward Council all decisions reached by the said
rural council or by the said District Governor on any matter or matters
reported to them under paragraph (c), including a report of
developments, economic and social, throughout Zambia, affecting the
interests and development of the ward.

PART V

PROVISIONS RELATING TO THE ESTABLISHMENT,


COMPOSITION AND FUNCTIONS OF A WARD
DEVELOPMENT COMMITTEE

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

(2) The Ward Development Committee shall consist of-


(a) the Chairman who shall be the Chairman of the Ward Council
mentioned in section thirteen;

(b) other members not exceeding nine in number including the


Secretary/Treasurer.

(3) The members of the Ward Development Committee except the


Chairman shall be elected every three years.

(4) The Chairman may at any time convene a meeting of the Ward
Development Committee.

(5) At any meeting of the Ward Development Committee a majority of


its members shall form a quorum.

(6) Any question proposed for decision of the Ward Development


Committee shall be determined by a majority of votes of the members
present and voting at the meeting.

(7) At any meeting of the Ward Development Committee 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.

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

(a) such sums as may be received by it by way of contributions from


the inhabitants of the ward or from any Productivity Committees in the
ward; and
(b) such sums as it may receive by way of grants or donations.

(2) It shall be the duty of the Secretary/Treasurer to ensure that any


funds received pursuant to subsection (1) are paid to the treasurer of the
rural council of the rural area of which the Chairman of the Ward
Development Committee is a councillor, and the said treasurer shall not
make any payment out of such funds except upon production of a
requisition for such payment duly signed by the Chairman of the Ward
Development Committee, and the said treasurer shall keep and maintain
a true record of all receipts and payments.

(3) The treasurer mentioned in subsection (2) shall direct the


Secretary/Treasurer of the Ward Development Committee in the manner
in which the Secretary/Treasurer shall keep records of all moneys
received and payments made on behalf of the Ward 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

POWERS AND DUTIES OF A CHIEF

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

OFFENCES, PENALTIES AND GENERAL

19. Any inhabitant of a village who- Offences and


(a) when required, fails to furnish the particulars and other penalties
information mentioned in and in accordance with section three; or
(b) on ceasing to be an inhabitant of a village, fails to inform
forthwith the Headman of that village that he has so ceased to be an
inhabitant of that village in accordance with section four; or
(c) on becoming an inhabitant of another village, fails to inform
forthwith the Headman of that village that he has become an inhabitant
of that village in accordance with section four; or
(d) wilfully obstructs a Chief or Headman or any other person
assisting him in his duties under this Act; or
(e) in giving any information for the purposes of this Act,
knowingly or recklessly makes any statement which is false in any
material particular; or
(f) contravenes any of the provisions of this Act or any regulations
made thereunder or, without lawful cause, fails to comply with any
lawful demand or requirement under this Act or such regulations;
shall be guilty of an offence and be liable to a fine not exceeding one
hundred and fifty penalty units or to imprisonment for a term not
exceeding one month, or to both.
(As amended by Act No. 13 of 1994)

20. The Minister may, by statutory instrument, make regulations- Regulations


(a) prescribing anything to be prescribed or which may be
prescribed under this Act;
(b) generally for the better carrying out of the provisions of this Act.
FIRST SCHEDULE
(Section 8)

FUNCTIONS AND DUTIES OF A PRODUCTIVITY COMMITTEE

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)

FUNCTIONS AND DUTIES OF A WARD COUNCIL

1. To elect the members of the Ward Development Committee.


2. To discuss in general problems of the ward and make decisions to guide the Ward
Development Committee in the administration of the ward.
3. To review plans for the development of the ward and to approve programmes for its
development.
4. To assist the Ward Development Committee in assessing the requirements of the
villagers in the ward and in organising ways and means whereby the Ward Development
Committee can assist in improving the economic and social conditions of the villagers.
5. Generally to help facilitate in every possible way the work of the Ward Development
Committee.
THIRD SCHEDULE
(Section 15)

FUNCTIONS AND DUTIES OF A WARD DEVELOPMENT


COMMITTEE

1. To provide an efficient and effective administrative machinery for the villagers in a


ward.
2. To supervise the work of Productivity Committees.
3. To organise an efficient and effective utilisation of the ward's natural and human
resources in order to increase the capacity of the villagers in the ward to raise their
standards of living. The Ward Development Committee shall assess the total needs of the
ward, working out priorities and harmonising them with overall Government priorities in
order to achieve for the ward maximum advantage from the implementation of the projects
under the management of the ward and those under Government control.
4. To create machinery through which the villagers can undertake increasing
responsibilities to solve their individual, family, village and ward problems.
5. To assist the villagers in a ward to understand the role of individuals, families and
villages in the Republic.
6. To support and facilitate regional planning through the rural council responsible for the
area of a ward.
7. To provide efficient and modern techniques for raising productivity in the area of a ward
and, in particular, the Ward Development Committee shall-
(a) determine the best crop for the area and ensure the highest level of productivity of that
crop;
(b) give maximum attention to the rearing of animals best suited to the area to ensure
maximum financial return;
(c) discourage the villagers from growing unproductive crops and from keeping animals
purely for traditional prestige;
(d) ensure the highest standards of maintenance of paddocks and improvement in grazing;
(e) encourage the villagers to move from unproductive areas to areas with greater prospects
for economic advancement and prosperity;
(f) make use of water where it is available for irrigation purposes so that the ward can grow
more than one crop annually;
(g) participate in the construction and maintenance of water drainage systems.
8. To assist in the construction of road networks within the area of a ward.
9. To encourage the establishment of co-operative societies to engage in agricultural
production, marketing, transportation and construction and also to establish consumer
co-operatives.
10. To encourage individual and family savings and investment.
11. To encourage the growth of small-scale industries in the area of a ward.
12. To encourage inter-ward co-operation in schemes of communal interest.
13. To assist in the organisation and co-ordination of inter-village schemes for the
construction and maintenance of school buildings in the area of a ward.
14. To ensure that there is proper cleanliness and sanitation in each village in the area of a
ward.

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

1. This Act may be cited as the Markets Act. Short title

2. In this Act, unless the context otherwise requires- Interpretation

"local authority" means a municipal council, township council or rural


council.
(No. 69 of 1965)

3. (1) The Minister or, with the approval of the Minister, a local Establishment
authority, may- of markets

(a) establish 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;

(d) demolish, reconstruct, abolish, close or move, any market; and

(e) appoint inspectors of markets.

(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)

4. Every market established- Management of


(a) in the area of a local authority, shall be under the control and markets
management of that local authority;
(b) in any other area, shall be under the control and management of
the Provincial Local Government Officer for the Province in which such
area is situate.
(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;

(b) prescribing the goods which may be sold in any market;

(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;

(d) requiring goods brought into markets for sale to be sold by


public auction, and imposing and providing for the collection of a fee
payable on the amount realised;

(e) enabling the local authority from time to time to determine by


resolution stallages, rents or tolls and fees for inspection of produce and
providing for the collection thereof;

(f) enabling the local authority from time to time to determine by


resolution the days and the hours during each day on which a market
may be held and preventing the sale and purchase of goods in the
markets on any days or at any hours except those determined;

(g) prescribing the weights, scales and measures to be used in the


sale of any particular produce and regulating the use thereof;

(h) the examination of produce or articles of food and prohibiting


the adulteration thereof;

(i) enabling the local authority from time to time to determine by


resolution the maximum price which may be demanded on the sale by
retail of any article of food in a market;
(j) regulating the duties and conduct of inspectors and other persons
appointed for the purposes of this Act;

(k) prohibiting the purchase of any specified kind of goods for


export from any specified area except at a specified market;

(l) prescribing that purchases of any specified kind of goods on any


market shall be paid for in cash;

(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:

Provided that nothing in this subsection shall be construed as precluding


the use of another language as well as English to bring the content of any
such by-laws to the notice of any person concerned.

(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)

6. The Minister may, in respect of a particular market established Market leases


under this Act, authorise the grant (in this Act referred to as "a market
lease") of the right to collect and retain the fees, other than inspection
fees, and the stallages, rents and tolls prescribed for such market by
by-laws made under subsection (1) of section five in consideration of the
payment of such sum of money as may be agreed between the grantee
and the authority empowered under subsection (4) to make such grant.

(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:

(a) in the area of a local authority, that local authority;

(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:

(a) an undertaking by the market lessee not to demand any fee,


stallage, rent or toll in excess of the amount prescribed;

(b) the payment by the market lessee of an amount by way of


deposit upon the signature of the lease and a provision for the forfeiture
of such deposit if the Provincial Local Government Officer is satisfied
that the market lessee has been guilty of a breach or non-performance of
any undertaking or condition on his part to be observed or performed
under the lease, the decision of the Provincial Local Government
Officer to be final;

(c) an undertaking by the market lessee to issue receipts in respect


of sums collected and retained by him, such receipts to be of a form
approved by the authority empowered to grant the lease and to be
identifiable by illiterate persons in respect of the amounts for which they
are issued by reason of their colour or of designs thereon.
(As amended by G.N. Nos. 202 and 481 of 1964 and
No. 69 of 1965)
7. All stallages, rents, tolls and fees collected by, and all sums paid in Fees, etc., to be
consideration of the grant of market leases to, a local authority shall be paid into
paid into the general fund of the local authority. general fund of
(No. 69 of 1965) local authority

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

(a) establish any market;

(b) being the owner, lessee or occupier of land, permit a market to


be established thereon; or

(c) maintain, conduct or manage a market established in breach of


the provisions of this section.

(2) Any person contravening any of the provisions of subsection (1)


shall be liable to a fine not exceeding one thousand five hundred penalty
units and a further fine not exceeding one hundred and fifty penalty
units in respect of every day on which the offence is continued after
conviction.
(As amended by G.N. No. 338 of 1964 and Act No. 13 of 1993)

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

SECTION 3-ESTABLISHMENT OF MARKETS

Orders by the Minister

A. MARKETS UNDER THE


CONTROL AND MANAGEMENT
OF
LOCAL AUTHORITIES
(Section 4 (a))
Local Authority Description of Market Government
Notices or
Statutory
Instruments

BUTONDO MINE Township BUTONDO MINE TOWNSHIP MARKET 179 of 1962


Management Board
All that area within the Butondo Mine Township which is bounded
by the carpark on the northside, the main road on the south, and the
west sides, and the shopping area on the east side.
*CHELSTON Division CHELSTON MARKET 148 of 1969

All that area known as Chelston Market in Block 41, Chelston


North, bounded to the south-west, to the north-west and to the
north-east by market buildings with a plinth area of 338.9921 square
metres, and to the south-east by a wire fence enclosing an open space
of 963.1872 square metres, the whole covering an area of 1302.1793
square metres.

*CHIBULUMA Division CHIBULUMA MARKET 43 of 1950

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.

*CHILILABOMBWE CHILILABOMBWE MARKET 62 of 1963

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.

Municipal Council of CHINGOLA MARKET 159 of 1963


CHINGOLA 315 of 1970
All that portion of the Chingola Municipality, 0.0934857 hec-tare in extent, known as Stand No.
1204 in 13th Street, Chingola.

District No. 17/7 and thereon marked "Market", which plan is deposited with the Town Clerk,
Municipal Council of Chingola.

*The areas of the former townships of Chelston, Chibuluma and


Chililabombwe are incorporated in the Lusaka City Area (S.I. No.
152 of 1970), the Kitwe City Area (S.I. No. 150 of 1970) and the
Chingola Municipal Area (S.I. No. 149 of 1970) respectively.

Local Authority Description of Market Government


Notices or
Statutory
Instruments

Municipal Council of CHINGOLA MARKET 159 of 1963


CHINGOLA
All that portion of the Chingola Municipality known as Chiwempala
Plot No. 24 as shown on Plan No. District No. 17/7 and hereon
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.

CHINSALI Township CHINSALI MARKET 181 of 1963


Council
All that area of land approximately 0.4047 hectares in extent around
the building in *Chinsali known as the Old Dispensary.
* 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.

CHIPATA CHIPATA SUBURB MARKET 59 of 1950

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.

CHIPATA TOWNSHIP MARKET


All that area situated on the corner of the road leading from the
Government offices to Chipata Town and the road leading to
Lunkwakwa Drift and the Suburb.

CHIPATA Rural CHITANDIKA MARKET 139 of


1979
Council
All that area approximately 62 square metres in extent and shown
bordered green on Drawing No. 1/CH/M/67, a copy of which is
deposited in the office of the Secretary, Chipata Rural Council.

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.

MTENGULENI MARKET 139 of 1979

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.

*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.

Local Authority Description of Market Government


Notices or
Statutory
Instruments

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.

CHIPATA District Council MAMBWE MARKET 112 of 1981

All that area known as Mambwe Market, Chipata, being 7 200


square metres in extent, and shown bordered red on the Chipata District Council Plan No.
CHIPT/2473 a copy of which is deposited in the Office of the District Executive Secretary, Chipata
District Council.

CHOMA Township CHOMA MARKET 116 of 1963

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.

Municipal Council of KABWE MARKET 139 of 1963


KABWE
All that portion of Site No. 1241 shown coloured red in Plan No.
H/20 which is deposited in the office of the Town Clerk, Kabwe.

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.

GWEMBE Rural Council MAAMBA MARKET 50 of 1972

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.

SINAZEZE MARKET 50 of 1972

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.

MUNYUMBWE MARKET 50 of 1972

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.

CHIPEPO HARBOUR MARKET 50 of 1972

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.

Local Authority Description of Market Government


Notices or
Statutory
Instruments

NANCHANVWA MARKET 50 of 1972

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.

GWENA FISH MARKET 50 of 1972

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.

SIAVONGA MARKET 50 of 1972

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.

LUSITU MARKEt 50 of 1972

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.

SINAZONGWE MARKET 50 of 1972

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.

KAFUE Township Council KAFUE MARKET 201 of 1969


63 of 1971
All that portion of Plot No. 305 in Nan'gongwe Suburb known as the
Beit Hall, and shown coloured red on Plan No. E.12/12 which is
deposited in the office of the Secretary, Kafue Township Council.

KAFUE TOWNSHIP MARKET


All that portion of an unsurveyed plot situate in Nangogwe Suburb
known as the Old Beer Hall and shown bordered red on Plan No.
68/70 which is deposited in the office of the Secretary, Kafue
Township Council.

KALABO Rural Council KALABO MARKET 333 of 1970

All that area approximately 0.20235 hectare in extent which lies at


the extreme end of the old Kalabo airstrip and which is situate close
to the curve of the road leading from Malamba Compound to
Namushakende Compound and is shown bordered red on Tracing
No. KBO/7 which is deposited in the office of the Principal Officer,
Kalabo Rural Council.

KAPUTA Rural Council KASONGOLE MARKET 82 of 1979

All that area approximately 24 square metres in extent and shown


bordered red on Plan No. 6/S/22/2, a copy of which is deposited in
the office of the Secretary, Kaputa Rural Council.

CHILOMWA MARKET 82 of 1979

All that area approximately 24 square metres in extent and shown


bordered red on Plan No. 7/S/23/3, a copy of which is deposited in
the office of the Secretary, Kaputa Rural Council.

Local Authority Description of Market Government


Notices or
Statutory
Instruments

KAPUTA MARKET 82 of 1979

All that area approximately 57 square metres in extent and shown


bordered red on Plan No. 8/S/24/4, a copy of which is deposited in
the office of the Secretary, Kaputa 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.

KALOMO KALOMO MARKET 114 of


Township Council 1963
All that portion of Stand No. 93 of the Kalomo Township which is
described on Drawing No. KALO/TP 5A of the 15th May, 1961, and
described thereon as the market area. A copy of the drawing is
deposited with the Secretary of the Kalomo Township Council and
on that copy the area of the market is bordered in blue.

KALULUSHI KALULUSHI (LUATO ROAD) MARKET 72 of


Division 1963
All that area, which is within the beacons marked A, B, C, D, E, F,
427 of
G, H, I, J, K to the extent of 0.7074156 hectares in Kalulushi shown
1964
as Stand No. 561 on the Plan No. SC50-217, dated 5th March, 1964,
deposited in the Works Office of Kalulushi Division, City Council
of Kitwe.

KALULLUSHI (PRAIN DRIVE) MARKET


All that portion of Stand No. 566 comprising 0.089035 hectare and
shown coloured red on the plan of the Kalulushi Township deposited
in the office of the Secretary of the Kalulushi Township Council.

KANSUSWA KANSUSWA MARKET 383 of


Township Council 1958
All that piece of land known as Plot No. 286 of the Kansuswa
Township and shown on the Kansuswa Township plan which is
deposited with the local authority.

KOMA Rural Council KAOMA MARKET 307 of 1950

All that area shown as the Market Place on the *Kaoma Plan which
is deposited in the office of the District Scretary, Kaoma.

* 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.
Local Authority Description of Market Government
Notices or
Statutory
Instruments

KASAMA KASAMA MARKET 52 of


Township Council 1939
All that area shown as the Market Place on the Kasama Township
60 of
Survey Plan No. T.25, which is deposited at the office of the local
1945
authority.

KATETE Rural KATETE BOMA MARKET 143 of 1980

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.

MARAMBA MARKET 143 of 1980

All that piece of land within the Livingstone Municipality,


approximately 3160.458 square metres in extent, situate on Stand
No. 2072 which is shown on General Plan No. 110/61 which was
approved on 11th April, 1962, and which is lodged in the offices of
the Surveyor-General, but excluding Shops Nos. 9, 23, 40 and 50
more particularly shown on Plan 276/1/BA dated February, 1959,
which is deposited in the offices of the Municipal Council of
Livingstone.

Municipal Council of LINDA MARKET 115 of 1963


LIVINGSTONE
All that piece of land within the Livingstone Municipality,
approximately 1337.76 square metres in extent, situate on Stand No.
2074 which is shown on General Plan No. 64/61 which is lodged in
the offices of the Surveyor-General, but excluding Shops Nos. 1, 10,
20 and 31 more particularly shown on Plan No. 11BA, dated
February, 1956, which is deposited in the offices of the Municipal
Council of Livingstone.

Municipal Council of LUANSHYA MARKET 80 of 1963


LUANSHYA
All that portion of the Luanshya Municipality being a triangular plot
bounded on the west by 15th Street, on the south by the railway, and
on the north by Market Street.

LUNDAZI Rural LUNDAZI MARKET 119 of 1963

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.

City Council of LUSAKA CHILENJE MARKET 63 of 1963

All that area, approximately 0.20235 hectare in extent, known as


Plot No. U3035, Lusaka, situated within the Chilenje Housing Area
in the Lusaka City, as shown on the plan which is deposited in the
office of the Town Clerk, City Council of Lusaka.

LONGACRES MARKET 27 of 1981

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.

* 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.

Local Authority Description of Market

NORTHMEAD MARKET 27 of 1981

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.

KAUNDA SQUARE STAGE I MARKET 27 of 1981

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.

CHUNGA MARKET 27 of 1981


All that area approximately 1,380 square metres in extent and shown
bordered red on Plan No. D.188, a copy of which is deposited in the
office of the District Executive Secretary, Lusaka District Council.

CHIBOLYA MARKET 27 of 1981

All that area approximately 12,849 square metres in extent and


shown bordered red on Plan No. B.481, a copy of which is deposited
in the office of the District Executive Secretary, Lusaka District
Council.

LIBALA MARKET 27 of 1981

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.

KASAMA TOWN MARKET 120 of 1961

The area immediately in front of Plots Nos. 223 to 231 off


Mackinnon Road as indicated on the Kasama Township Plan which
is deposited in the offices of the Kasama Township Council.

KASEMPA Rural KASEMPA MARKET 313 of 1970

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.

*KASOMPE KASOMPE MARKET 326 of 1956

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.

KAWAMBWA KAWAMBWA MARKET 84 of 1939

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.

City Council of KITWE BUCHI MARKET 165 of 1963


133 of 1968
32 of 1971
Sub 4 of Stand No. 4274 bounded by Beacons HT588, HT589,
HT590, HT591 (0.5807445 hectares), Buchi, Kitwe.

Local Authority Description of Market Government


Notices or
Statutory
Instruments

BULANGILILO TEMPORARY MARKET


All that area approximately 0.48564 hectares in extent, being part of
Stand No. 3687, Kitwe, off Kazembe Road, Bulangililo, and shown
edged black on Drawing TP/87/20 which is deposited in the office of
the Town Clerk, City Council of Kitwe.

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.

MAZABUKA Rural Council THE KAFUE GORGE MARKET 27 of 1971

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.

MAZABUKA Rural Council MAZABUKA MARKET 117 of 1963

All that area of land approximately 0.4047 hectare in extent situate


within the Mazabuka Township Council Area and shown on
Mazabuka Zoning Plan No. MAZ/9E, which plan can be seen at the
offices of the Mazabuka Township Council.

MKUSHI Rural Council MKUSHI MARKET 319 of 1966

All that area known as Mkushi Market approximately 0.20235


hectare in extent and shown on Plan No. MKU/36 deposited in the
office of the District Secretary, Mkushi.
MONZE Township Council MONZE MARKET 113 of 1963

All that area of land approximately 0.4047 hectare in extent situate


within the Monze Township Council Area and shown on Monze
Zoning Plan No. MON/3H, which plan can be seen at the offices of
the Monze Township Council.

MUFULIRA Municipal MULUNDU MARKET 86 of 1977


Council
All that area approximately 0.088 hectares in extent, being part of
Stand No. 1583, situate in the Murundu Housing Area in the
Mufulira Municipality, and shown bordered red on Drawing No.
1B/254, a copy of which is deposited in the office of the Town Clerk,
Municipal Council of Mufulira.

CHIBOLYA MARKET 86 of 1977

All that area approximately 0.387 hectares in extent, being part of


Stand No. 1181, situate in the Chibolya Housing Area in the
Mufulira Municipality, and shown bordered red on Plan No. 3A/4, a
copy of which is deposited in the office of the Town Clerk,
Municipal Council of Mufulira.

Local Authority Description of Market Government


Notices or
Statutory
Instruments

MUMBWA Rural Council MUMBWA MARKET 67 of 1974

All that area shown as the market place on Mumbwa Township


Survey Plan No. MUM/87, Tracing No. L149, deposited in the
office of the Surveyor-General, Lusaka.

MUFULIRA Municipal CHIBOTE MARKET 56 of 1979


Council
All that area known as Chibote Market, Mufulira, being 1.51
hectares in extent, and shown bordered red on the Mufulira
Municipal Council Plan No. 2A/56A, a copy of which is deposited in
the office of the Town Clerk, Municipal Council of Mufulira.

MUFULIRA (MOKAMBO MINI-MARKET) 107 of 1974

All that area known as Mokambo Mini-Market, Mufulira, in extent


0.252 hectares (0.623 acres) and bounded on the north by Bwangalo
Bar, on the north-east by main road to Zaire, on the west and south
by unsurveyed land and more particularly delineated as the area
enclosed by Beacons MMC1, MMC2, MMC3 and MMC4 on
Drawing Number 1B/209 which is deposited in the Office of the
Town Clerk, Municipal Council of Mufulira and thereon bordered
red.

MUFULIRA (CHIKALABWAMBA MINI-MARKET) 107 of 1974

All that area known as Chikalabwamba Mini-Market, Mufulira, in


extent 0.037 hectares (0.092 acres) and bounded on the north-west
by an unnamed road, on the south-west by a proposed road and
parking and on the south-east by a commercial plot more particularly
portion of Lot 156/M and Subdivision J of Farm No. 932 delineated
as the area enclosed by Beacons, A, B, C and D on Drawing Number
4A/32 which is deposited in the Office of the Town Clerk, Municipal
Council of Mufulira and thereon bordered red.

Municipal Council of BUSEKO MARKET 80 of 1963


LUANSHYA 100 of 1971
All that piece of land, rectangular in shape, bounded in the south by
Link Road, in the east by Kapindula Street, in the west by a line
approximately 59.436 metres from Kapindula Street and in the north
by a line 33.528 metres from Link Road and parallel to Link Road,
all this land of a size of approximately 2.0235 hectares as indicated
on Plan No. Q/D/50 of the Municipal Council of Luanshya.

LUANSHYA MARKET 100 of 1971

All that portion of the Luanshya Municipality being a triangular plot


bounded on the west by 15th Street, on the south by the railway, and
on the north by Market Street.

LUANSHYA (MIKOMFWA) MARKET


An area of 0.64752 hectares approximately forming a demarcated
portion of Stand No. 1351, Luanshya.
The market is situate on the north-west side of the junction of
Finnigan Road and Malila Street, is shown bordered green on Plan
No. S.827 deposited in the office of the Town Clerk, Municipal
Council of Luanshya, and is bounded as follows:
Starting at Beacon LMB, its south-west corner beacon, the boundary
proceeds due north for a distance of 54.864 metres to a point 6.096
metres due south of Beacon LMA; thence north-eastwards for a
distance of 8.619744 metres to a point 6.096 metres due east of that
beacon; thence due east for a distance of 94.488 metres to a point
6.096 metres due west of Beacon LMD; thence south-eastwards for
a distance of 8.619744 metres feet to a point 6.096 metres due south
of that beacon; thence due south for a distance of 54.864 metres to
Beacon LMC; thence due west for a distance of 106.68 metres to
Beacon LMB, the point of starting.

Local Authority Description of Market Government


Notices or
Statutory
Instruments

TUMFWANE MARKET 100 of 1971

All that piece of land, rectangular in shape, bounded in the north by


Road "A" running east-west from Mwewa Street approximately
85.344 metres away from Mwewa Street at its western boundary,
bounded in the east by Road "B" starting in the north off Road "A"
and running to the south along Tumfwane Centre, bounded in the
south by a road 38.7096 metres away from Road "A" and parallel to
Road "A" and bounded in the west by a line 24.384 metres away
from Road "B" and parallel to Road "B", all this piece of land with
an area of approximately 0.8094 hectares as indicated on Plan No.
Q/D/50 of the Municipal Council of Luanshya.

LUANSHYA Municipal KALALA MARKET 191 of 1977


Council
All that piece of land known as Site No. 2 and shown bordered red
on Plan No. Q/D/50, a copy of which is deposited in the office of the
Town Clerk, Municipal Council of Luanshya.

NDEKE MARKET 191 of 1977

All that area approximately 0.12 hectare in extent, known as Stand


No. 1541 and shown bordered red on Plan No. Q/D/110G, a copy of
which is deposited in the office of the Town Clerk, Municipal
Council of Luanshya.

FISENGE MARKET 191 of 1977

All that area approximately 0.20 hectare in extent, being part of


Stand No. 440, situated in the Fisenge Housing Area of the
Luanshya Municipality, and shown bordered red on Plan No.
Q/D/78, a copy of which is deposited in the office of the Town
Clerk, Municipal Council of Luanshya.

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.

Local Authority Description of Market Government


Notices or
Statutory
Instruments

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.

LUBUTO WEST MARKET 208 of 1977

All that area approximately 4,714.82 square metres in extent, being


part of Stand No. 4504, situated in the Lubuto Housing Area of the
Ndola City, and shown bordered red on Drawing No. TP233/1, a
copy of which is deposited in the office of the Town Clerk, Ndola
City Council.

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.

SOLWEZI Rural Council SOLWEZI MARKET 87 of 1959

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.

TWAPIA Township Council TWAPIA MARKET 43 of 1950

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.

ZAMBEZI Rural Council ZAMBEZI MARKET 283 of 1960

All that area of *Zambezi situated opposite Queen Elizabeth


Hospital bordered blue on Plan No. NW/BAL/D/4 of October, 1959,
which is deposited at the office of the District Secretary, Zambezi.

MUKUNI Rural Council CHISAMBA MARKET 225 of 1973

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.

KAPIRI MPOSHI MARKET 225 of 1973

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.

Local Authority Description of Market Government


Notices or
Statutory
Instruments

SENANGA Rural Council NANJUCHA MARKET 118 of 1973

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

KALOMO Rural Council ZIMBA MARKET 68 of 1979

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.

RUFUNSA Rural Council CHILANGA FREEDOM COMPOUND MARKET 11 of 1977

All that area of approximately 0.407 hectare in extent shown on the


Rufunsa Rural Council Drawing No. 3/69 which is deposited in the
office of the Secretary of the Council.

CHAINDA MARKET 11 of 1977

All that area of approximately 0.47 hectare in extent shown on the


Rufunsa Rural Council Drawing No. PW/6/74 which is deposited in
the office of the Secretary of the Council.

CHONGWE MARKET 11 of 1977

All that area of approximately 0.407 hectare in extent shown on the


Rufunsa Rural Council Drawing No. PW/3/72 which is deposited in
the office of the Secretary of the Council.

CHIMUSANYA MARKET 11 of 1977

All that area of approximately 0.407 hectare in extent shown on


Rufunsa Rural Council Drawing No. PW/2/70 which is deposited in
the office of the Secretary of the Council.

KATETE Rural KATETE BOMA MARKET 143 of 1980

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.

SINDA MARKET 143 of 1980

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.

LUSAKA (INDEPENDENCE AVENUE) MARKET 110 of 1960

All that area, approximately 1168.7736 hectares in extent, known as


Plot No. 3502, Lusaka, situated in the Second Class Trading Area on
Independence Avenue in the Lusaka Municipal Area.

LUSAKA (KANYAMA) MARKET 296 of 1966

All that area shown as the Market Site on Plan No. S.9.236 deposited
in the office of the Town Clerk, Lusaka.

Local Authority Description of Market Government


Notices or
Statutory
Instruments

LUSAKA (LIVINGSTONE ROAD) MARKET 81 of 1963

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.

MATERO MARKET 64 of 1963

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.

LUWINGU Rural Council LUWINGU MARKET 25 of 1963

All that area of approximately 0.4047 hectare shown as the market


place on the *Luwingu Plan which is deposited in the office of the
District Secretary, Luwingu.
*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.

MANSA Township Council MANSA MARKET 86 of 1939

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.

MANSA NO. 1 MARKET 54 of 1959

All that area approximately 0.303525 hectares in extent which lies


on the west side of the Mansa-Kawambwa Road on Plot No. 276 and
which is shown as the No. 1 Market on Drawing No. TP.4 deposited
at the office of the District Secretary, Mansa.

MANSA NO. 2 MARKET 55 of 1959

All that area approximately 0.4047 hectare in extent which lies on


the south side of the Development Area Training Centre Road, and
which is shown as the No. 2 Market on the copy of Drawing No.
TP.4 deposited at the office of the District Secretary, Mansa.

MAZABUKA Township MAZABUKA MARKET 117 of 1963


Council
All that area of land approximately 0.4047 hectares in extent situate
within the Mazabuka Township Council Area and shown on
Mazabuka Zoning Plan No. MAZ/9E, which plan can be seen at the
offices of the Mazabuka Township Council.

MBALA Rural Council MPULUNGU MARKET 350 of 1969

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.

MBALA Township Council MBULU MARKET 243 of 1963

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.

Local Authority Description of Market Government


Notices or
Statutory
Instruments

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.

MKUSHI Rural Council MKUSHI MARKET 319 of 1966

All that area known as Mkushi Market approximately half an acre in


extent and shown on Plan No. MKU/36 deposited in the office of the
District Secretary, Mkushi.

MONGU Township Council MONGU MARKET 263 of 1958

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.

MONZE Township Council MONZE MARKET 113 of 1963

All that area of land approximately 0.4047 hectares in extent situate


within the Monze Township Council Area and shown on Monze
Zoning Plan No. MON/3H, which plan can be seen at the offices of
the Monze Township Council.

MPIKA Rural Council MPIKA MARKET 172 of 1963

All that area known as Mpika Market in extent approximately


one-sixth of an acre, and shown on Plan No. 418 deposited in the
office of the District Secretary, Mpika, and thereon bordered red.

MPOROKOSO MPOROKOSO MARKET 19 of 1960

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.

Municipal Council of MUFULIRA MARKET 77 of 1963


MUFULIRA
All that area approximately 0.5285382 hectare in extent known as
Stand No. 786 on the corner of Main Street and Cartmel-Robinson
Street and bounded on one side by the Mufulira Mine Township
boundary.

MUFULIRA (CENTRAL) MARKET


All that area known as Stand No. 1097, Mufulira, in extent
1.7434476 hectares, and bounded on the north by an unnamed road,
on the east by Cartmel-Robinson Street, on the south-west by Sub 1
of Sub C of Farm No. 935, and on the west by unsurveyed land more
particularly delineated as the area enclosed by Beasons P1, P2, P3
and P4 on a plan which is deposited in the office of the Town Clerk,
Municipal Council of Mufulira, and thereon bordered red.

MUFULIRA (KAMUCANGA) MARKET


All that area known as the Kamucanga Market, in extent
approximately 0.020235 hectares, being a part of Stand No. 1182,
Mufulira, and as shown on drawing No. 2A/18 deposited in the
office of the Town Clerk, Municipal Council of Mufulira.

Local Authority Description of Market Government


Notices or
Statutory
Instruments

MUFULIRA (KWACHA) MARKET 280 of 1965

All that area in extent 0.3184989 hectare approximately, bounded by


Beacons OB74, OB75, OB85, OB79 and OB86, and more
particularly delineated on Plan No. S416 deposited in the office of
the Town Clerk, Municipal Council of Mufulira, and thereon
bordered red.

MUKOBEKO MUKOBEKO MARKET 382 of 1958

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.

City Council of NDOLA CHAMPION MARKET 359 of 1969

All that area approximately 0.3747522 hectare in extent being part


of Farm No. 2575 situated withi Chifubu, Ndola, adjacent to Burton
Street, and as shown coloured red upon Drawing No. TP.215
deposited in the office of the Town Clerk, Civic Centre,
Independence Way, Ndola.
upon Drawing No. TP.215 deposited in the office of the Town Clerk,
Civic Centre, Independence Way, Ndola.

B. MARKETS UNDER THE


CONTROL AND MANAGEMENT
OF
P L G
ROVINCIAL O OCAL OVERNMENT FFICERS

(Section 4 (a))
Local Authority Description of Market Government
Notices

KAPIRI MPOSHI KAPIRI MPOSHI MARKET 85 of 1958

All that area, approximately 0.4047 hectare in extent, shown as the


Market Place on the *Kapiri Mposhi Plan, deposited in the office of
the District Secretary, Kabwe Rural District.
* 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.

BWILE (Kawambwa) KALOBWA MARKET 146 of 1961

The area shown on a plan marked BNA/1 and deposited with the
District Secretary, Kawambwa.

BWILE (Mporokoso) KATETE MARKET 148 of 1956

That building known as the Bwile (Katete) Market building situate


in Chief Puta's village in the Bwile Area of Mporokoso District.

CHAVUMA (Zambezi) CHAVUMA MARKET 149 of 1960

That building known as the Chavuma Market building situated at


Chavuma Court under Chieftainess Luweji in the Chavuma Area of
the Zambezi District.

LUNDA (Kawambwa) 1. That building known as the Lunda Market building situate in 114 of 1952

Chief Mulundu's village in the Lunda Area of Kawambwa District.


2. That building known as the Lunda Market building situate in
Chief Kashiba's village in the Lunda Area of Kawambwa District.
3. That building known as the Lunda Market building situate in
Chief Lubunda's village in the Lunda Area of Kawambwa District.
4. That building known as the Lunda Market building situate in
village Musangu, under Chief Lubunda, in the Lunda Area of
Kawambwa District.
5. That building known as the Lunda Market building situate in
village Lwamfwe, under Chief Lukwesa, in the Lunda Area of
Kawambwa District.
6. That building known as the Lunda Market building situate in
Chipunka village, under Senior Chief Kazembe, in the Lunda Area
of Kawambwa District.
7. That building known as the Lunda Market building situate in
Chipita area, under Senior Chief Kazembe, in the Lunda Area of
Kawambwa District.
8. That building known as the Lunda Market building situate in
Mwansabombwe, under Senior Chief Kazembe, in the Lunda Area
of Kawambwa District.
9. That building known as the Lunda Market building situate in
Chief Kanyembo's village in the Lunda Area of Kawambwa District.
10. That building known as the Lunda Market building situate in
Chief Kambwali's village in the Lunda Area of Kawambwa District.

Local Authority Description of Market Government


Notices

KASHIKISHI MARKET 155 of 1960

That area shown on a plan marked NA/1 and deposited with the
District Secretary, Kawambwa.

NTOTO MARKET 145 of 1961

The area shown on a plan marked LNA/2 and deposited with the
District Secretary, Kawambwa.

LUNDA (Zambezi) MUKANDAKUNDA MARKET 144 of 1961

That building known as the Lunda Market building situate at


Mukandakunda Court, under Chief Ishinde, in the Lunda Area of
Zambezi District.
LUNGU (Mbala) ISOKA MARKET 71 of 1954
232 of 1954
Those buildings known as the Isoka Market buildings in Chief
Tafuna's village in the Lungu Area of Mbala District.

LUVALE (Zambezi) 1. That building known as the Luvale Market building situate in 1 of 1955

Chief Ndungu's village in the Luvale Area of Zambezi District.


2. That building known as the Luvale Market building situate in
Makinjila village under Chief Ndungu in the Luvale Area of
Zambezi District.
3. That building known as the Luvale Market building situate in
Chief Kucheka's village in the Luvale Area of Zambezi District.
4. That building known as the Luvale Market building situate in
Muyembe village under Chief Kucheka in the Luvale Area of
Zambezi District.
5. That building known as the Luvale Market building situate in
Sefu village under Chief Kucheka in the Luvale Area of Zambezi
District.
6. That building known as the Luvale Market building situate in
Chief Chinyama Litapi's village in the Luvale Area of Zambezi
District.
7. That building known as the Luvale Market building situate in
Mulungu village under Chief Chinyama Litapi in the Luvale Area of
Zambezi District.
8. That building known as the Luvale Market building situate in
Chesita village under Chief Chinyama Litapi in the Luvale Area of
Zambezi District.

MBALA Rural Council MPULUNGU MARKET 350 of 1969

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.

MBALA Township MBALA NEW MBULU MARKET 101 of 1971

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.

MBALA OLD MBULU MARKET 101 of 1971


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 Secretary, Mbala Township Council.

Local Authority Description of Market Government


Notices

MBALA Township Council MBALA TOWN MARKET 101 of 1971


-continued
All that area known as Stand No. 211 Mbala, a plan of which area is
deposited in the office of the Secretary, Mbala Township Council.

MONGU Rural Council LIMULUNGA MARKET 307 of 1970

All that area approximately 0.20235 hectares in extent, being


bordered red as shown on Plan No. MGU/1005 which is deposited in
the office of the Principal Officer, Mongu Rural Council.

LUKULU MARKET 307 of 1970

All that area approximately 2229.6 square metres in extent, being


bordered red and shown as the Market Place on the Mongu Rural
Council Sketch Plan No. 2 which is deposited in the office of the
Principal Officer, Mongu Rural Council.

NAMUSHEKENDE MARKET 307 of 1970

That building known as Namushekende Market building situate


approximately 27.432 metres west of Mulamba Compound and
twenty yards north of ZCBC shop at Namushekende and shown on
Mongu Rural Council Sketch Plan dated 4th December, 1969, which
is deposited in the office of the Principal Officer, Mongu Rural
Council.

USHAA MARKET 307 of 1970

All that area approximately 374.5728 square metres in extent, being


bordered red and shown as the Market Place on the Mongu Rural
Council Sketch Plan No. 1 which is deposited in the office of the
Principal Officer, Mongu Rural Council.

MONGU Township Council MONGU MARKET 263 of 1958


329 of 1970
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 Secretary, Mongu Township Council.

MONGU SUBURBS MARKET


All that area approximately 0.20235 hectares in extent, situate
immediately to the south of Mongu suburbs and is described as
Mongu Suburbs Market on Sheet No. D-2 AM-A30600/123 of
Mongu Development Plan which is deposited in the office of the
Secretary, Mongu Township Council.

MPIKA Rural Council CHIBANSA MARKET 172 of 1963


317 of 1970
All that area known as the Chibansa Market in extent approximately
0.0667445 hectares, situate in front of Mpika Rural Council Rest
House and shown dotted red on the Mpika Rural Council Chibansa
Market Sketch Plan which is deposited in the office of the Principal
Officer, Mpika Rural Council.

MPIKA MARKET 172 of 1963

All that area known as Mpika Market in extent approximately


0.06745 hectare, and shown on Plan No. 418 deposited in the office
of the Principal Officer, Mpika Rural Council, and thereon bordered
red.

MPOROKOSO Rural Council CHISHAMWAMBA MARKET 19 of 1960


62 of 1971
All that area approximately 0.101175 hectares in extent, situate on
the north side of the Chishamwamba Welfare Hall and shown
bordered blue on the Mporokoso Rural Council sketch plan which is
deposited in the office of the Principal Officer, Mporokoso Rural
Council.

Local Authority Description of Market Government


Notices

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.

KASAMA District Council CHIKUMANINO MARKET 113 of 1991


All that area approximately 4900 metres in extent known as Stand
No. 1891 and shown bordered red in the plan No. KAS/1322, a copy
of which is deposited with the Kasama District Council.

TAZARA HEAVY INDUSTRIAL AREA MARKET 113 of 1991

All that area approximately 6013 square metres in extent, known as


Stand No. 1684 and shown bordered red on Plan No. KAS/1323, a
copy of which is deposited with the Kasama District Council.

NDOLA Urban NDEKE MARKET 126 of 1976

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.

NEW TWAPIA MARKET 126 of 1976

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.

TWAPIA MARKET 126 of 1976

All that area approximately 0.329 of a hectare in extent, being part of


Plot No. 470, situate in 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.

HILLCREST MARKET 126 of 1976

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.

MUSHILI MARKET 126 of 1976

All that area approximately 0.66 of a hectare in extent, being part of


Lot 319/M, situate within the Mushili Housing Area in the Ndola
City, and shown edged red on Drawing No. TP/321/A, a copy of
which is deposited in the office of the Town Clerk, City Council of
Ndola.

Local Authority Description of Market Government


Notices

NDOLA Urban KAWAMA MARKET 126 of 1976


-continued
All that area approximately 0.15 of a hectare in extent, being an
unsurveyed portion of land fronting Paul Mulenga Road, Kawama,
and shown edged red on Drawing No. TP/180/3, a copy of which is
deposited in the office of the Town Clerk, City Council of Ndola.

CHIPULUKUSU MARKET 126 of 1976

All that area, being an unsurveyed portion of land fronting


Chipulukusu Road, Chipulukusu, and shown edged red on Drawing
No. 1/21/375, a copy of which is deposited in the office of the Town
Clerk, City Council of Ndola.

PAMODZI MARKET 126 of 1976

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.

SINIA MARKET 126 of 1976

All that area approximately 5,775 square metres in extent, situate


within the Sinia Housing Area in the Ndola City, and shown edged
red on Drawing No. 5/5/475, a copy of which is deposited in the
office of the Town Clerk, City Council of Ndola.

NSENGA-AMBO (Petauke) KAGONA MARKET 233 of 1940

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.

MWANJAWANTHU MARKET 141 of 1940

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.

SHILA (Kawambwa) KABUTA MARKET 148 of 1961

The area shown on a plan marked SNA/1 and deposited with the
District Secretary, Kawambwa.

MUKWAKWA MARKET 147 of 1961

The area shown on a plan marked SNA/2 and deposited with the
District Secretary, Kawambwa.

LIVINGSTONE Municipal DAMBWA MARKET 83 of 1977


Council
All that area approximately 0.92 hectares in extent, being part of
Stand No. 2613, and shown on the Livingstone Municipal Council
Plan No. 816/L, a copy of which is deposited in the office of the
Town Clerk, Municipal Council of Livingstone.

Local Authority Description of Market Government


Notices

LIVINGSTONE Municipal LIBUYU MARKET 83 of 1977


Council
-continued
All that area approximately 7.76 hectares in extent, being part of
Stand No. 2073, and shown on the Livingstone Municipal Council
Plan No. 697/L, a copy of which is deposited in the office of the
Town Clerk, Municipal Council of Livingstone.

ZIMBA MARKET 68 of 1979

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.

ISOKA Rural Council ISOKA MARKET 207 of 1977

All that area approximately 0.02 hectare in extent, shown bordered


red on Plan No. ISO/46, a copy of which is deposited in the office of
the Secretary, Isoka Rural Council.
NAKONDE MARKET 207 of 1977

All that area approximately 0.03 hectare in extent, shown bordered


red on Plan No. NAK/11 (PO), a copy of which is deposited in the
office of the Secretary, Isoka Rural Council.

THE LOCAL AUTHORITY MARKET REGULATIONS

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

1. These Regulations may be cited as the Local Authority Market Title


Regulations.

2. After consultation with a local authority, the Minister may, by Application


statutory order, declare that on and after a date specified in the statutory
order all or any of these Regulations shall apply, or shall cease to apply,
to the whole or any part of the area of that local authority.

3. (1) In these Regulations, unless the context otherwise requires- Interpretation


"goods" means- Cap. 295

(a) foodstuffs, livestock and other agricultural and natural products,


the growth or produce of Zambia;
(b) articles of handicraft made and sold by or on behalf of the same
person not being a company or firm and 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;
"health inspector" has the meaning assigned to it by the Public Health
Act;
"inspector of markets" means a person appointed by the local authority
to be an inspector of markets or authorised by the local authority to
discharge the functions of an inspector of markets;
"market" means a market established under the Act in an area or part of
an area to which all or any of these Regulations apply;
"stall" means any building, stand, shelter, table, place or plot in a market
set aside by the local authority for the sale of goods.

(2) Nothing in these Regulations contained shall be construed as


conferring upon a local authority any power in relation to a market
which is not within the area of that local authority.

4. No person shall in a market sell- Goods for sale


(a) anything other than goods as defined by these Regulations; or
(b) game meat; or
(c) beer of any kind.

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

(ii) the sale of goods by the persons and in the circumstances


specified in subsection (2) of section one of the Trades Licensing Act.
(No. 146 of 1969)

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:

Provided that the maximum price determined under these Regulations


shall not be higher than the maximum price fixed by any other written
law for sale by retail of the same article of food.
(2) No person shall sell by retail any article of food in a market at a price
higher than the price determined under this regulation.
(As amended by S.I. No. 9 of 1989)

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.

10. (1) No person shall within a market- General


regulation of
markets

(a) erect any building, tent, booth or shelter except with the
permission of the local authority; or

(b) keep or use any block, stand, vessel, container or utensil in


connection with the sale of any produce or other article, unless it is of a
nature or character approved by the inspector of markets; or

(c) gut fish or game or wash or clean vegetables or any other


produce or articles except at places provided for that purpose; 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.

(3) No person shall-

(a) use a market as a sleeping place; or

(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.

(2) All abandoned waste matter, such as loose grain sweepings,


remaining at a market after the market has closed for business on any
day shall be the property of the local authority, and no person shall
remove any such matter from the market except in accordance with the
directions of the inspector of markets.

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)

REGULATION 2 OF THE LOCAL AUTHORITY MARKET


REGULATIONS- APPLICATION

Orders by the Minister

The whole of the Regulations apply to-

City of Lusaka. (No. 319 of 197


City of Ndola. (No. 361 of 196
Chingola Municipality. (No. 314 of 197
Chinsali Rural Area. (No. 309 of 197
Gwembe Rural Area. (No. 49 of 197
Kafue Gorge Market,
Mazabuka Rural Area. (No. 28 of 197
Kafue Township. (No. 200 of 196
Kalabo Rural Area. (No. 332 of 197
Kaoma Rural Area. (No. 330 of 197
Kasempa Rural Area. (No. 312 of 197
Mansa Township. (No. 324 of 197
Mazabuka Township. (No. 310 of 197
Mbala Township. (No. 104 of 197
Mongu Rural Area. (No. 306 of 197
Mongu Township. (No. 328 of 197
Monze Township. (No. 359 of 196
Mpika Rural Area. (No. 316 of 197
Mukuni Rural Area. (No. 146 of 197
Senanga Rural Area. (No. 123 of 197
Sesheke Rural Area. (No. 326 of 197
Isoka Rural Council. (No. 57 of 197
Mwinilunga District Council. (No. 96 of 198
Kaputa District Council. (No. 42 of 198
Lukuta Rural Council. (No 106 of 198
Mwense District Council. (41 of 198

Government
SECTION 5-THE BUTONDO MARKET BY-LAWS Notices
10 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Butondo Mine Township Management Board in
accordance with the Act and may be cited as the Butondo Market
Bylaws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Butondo Mine Township Management


Board;

"market" means a market established within the Butondo Mine


Township under the Act;

"market area" means the Butondo Mine 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.

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.
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.

11. No person shall within any market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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.

13. No person renting, holding or occupying a stall within the market


shall-
(a) gut fish or game in his stall;
(b) bring into the market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

SECTION 5-THE CHIBULUMA MARKET BY-LAWS Government


Notices
45 of 1950
118 of 1950
481 of 1964
497 of 1964

1. These By-laws shall apply to the market established within the


Chibuluma Township and may be cited as the Chibuluma Market
By-laws.

2. In these By-laws, unless the context otherwise requires-

"local authority" means the Chibuluma Township Council;

"market" means the Chibuluma Market established under the Act;

"market area" means the Chibuluma Township Area;

"produce" includes agricultural and forest produce, fish, fruit, meat,


poultry, eggs, vegetables, beeswax, honey, salt and tobacco of Zambia,
and mats, baskets and other articles manufactured within Zambia;

"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.

9. 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)

10. No person shall be permitted to loiter in the market.

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.

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.

14. No person shall spit or commit a nuisance within the precincts of


the market.

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.

17. Every person wishing to sell in the market shall obtain a


stall-holder's permit from the local authority, and a scale of charges to
stall-holders up to and not exceeding two ngwee per stall per day will be
levied.

18. No person suffering from any communicable disease shall be


permitted to enter the market.

19. Spent.

20. No person shall bring, keep or suffer to be brought or kept in the


market any dog.

21. Fish shall be placed on the stalls separate from other produce.

22. The slaughtering of cattle at the market is prohibited.

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.

24. No person shall sing, shout or create other noise or disturb-ance in


the market.

SECTION 5-THE CHILILABOMBWE MARKET BY-LAWS Government


Notices
286 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Chililabombwe Township Council in accordance
with the Act and may be cited as the Chililabombwe Market Bylaws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Chililabombwe Township Council;

"market" means a market established within the township under the Act;

"market area" means the Chililabombwe 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.

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.

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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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. The local authority shall have the power-


(a) to stipulate the maximum quantity of any particular goods which
may be offered for sale on any one day;
(b) to prohibit the sale of any particular goods either generally or on
any one day; and
(c) to limit, by fixing a maximum, the number of sellers of any
particular goods on any one day.

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.

21. 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.
SECTION 5-THE CHINGOLA MARKETS BY-LAWS Government
Notices
84 of 1953
205 of 1959

1. These By-laws shall apply to the markets established within the


Chingola Municipality by the Markets Establishment (Chingola) Order,
and may be cited as the Chingola Markets By-laws.

2. In these By-laws, unless the context otherwise requires-

"local authority" means the Municipal Council of Chingola;

"market" means the Chingola Markets established under the Act;

"market area" means the Chingola Municipal Area;

"produce" means agricultural produce, fish, fruit, meat, poultry, eggs,


vegetables, mats and baskets.

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.

8. Every person wishing to sell produce in the market shall obtain a


stall-holder's permit from the local authority and the local authority may
from time to time by resolution determine a scale of charges payable by
stall-holders.
(No. 205 of 1959)

9. No building, tent, booth or shelter shall be erected in the market


without the consent of the local authority.

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.

11. No person suffering from any communicable disease shall sell or


offer for sale any produce in the market.

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.

13. No person shall spit or commit a nuisance within the precincts of


the market.

14. No person shall loiter in the market for the purpose of begging or
for any other purpose.

15. No person shall sing, shout or create other noise or disturb-ance in


the market.

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

1. These By-laws shall apply to all markets from time to time


established by the Chinsali Rural Council in accordance with the Act
and may be cited as the Chinsali Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Chinsali Rural Council;

"market" means a market established within the market area under the
Act;
"market area" means the *Chinsali area;

* 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.

"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 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 the 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.

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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

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.

SECTION 5-THE CHIPATA MARKET BY-LAWS Government


Notices
158 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Chipata Township Council in accordance with the
Act and may be cited as the Chipata Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Chipata Township Council;

"market" means a market established within the township under the Act;

"market area" means the Chipata 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.

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.

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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

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.

SECTION 5-THE CHOMA MARKET BY-LAWS Government


Notices
140 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Choma Township Council in accordance with the Act
and may be cited as the Choma Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Choma Township Council;

"market" means a market established within the township under the Act;

"market area" means the Choma 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.

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.

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.

11. No person shall within any market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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 the


market, any dog or other animal without the permission of the local
authority.

SECTION 5-THE FISENGE MARKET BY-LAWS Government


Notices
130 of 1957
481 of 1964
497 of 1964
1. These By-laws shall apply to the market established within the
Fisenge Township and may be cited as the Fisenge Market Bylaws.

2. In these By-laws, unless the context otherwise requires-

"local authority" means the Fisenge Township Council;

"market" means the Fisenge Market established under the Act;

"market area" means the Fisenge Township Area;

"produce" includes agricultural and forest produce, fish, fruit, meat,


poultry, eggs, vegetables, beeswax, honey, salt, and tobacco of Zambia,
and mats, baskets and other articles manufactured within Zambia;

"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.

9. 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 the rank of Inspector or above or any person
authorised by the local authority.
(As amended by No. 481 of 1964)

10. No person shall be permitted to loiter in the market.

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.

13. Every person offering foodstuffs in the market shall take


precautions to protect such produce from flies in accordance with the
directions of the Market Master.

14. No person shall spit or commit a nuisance within the precincts of


the market.

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.

17. Every person wishing to sell in the market shall obtain a


stall-holder's permit from the local authority and the local authority may
charge a fee per stall per day not exceeding two ngwee or such other fee
as the Minister may approve.
18. No person suffering from any communicable disease shall be
permitted to enter the market.

19. Obsolete.

20. No person shall bring, keep or suffer to be brought or kept in the


market any dog.

21. Fish shall be placed on the stalls separate from other produce.

22. The slaughtering of cattle at the market is prohibited.

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.

24. No person shall sing, shout or create other noise or disturbance in


the market.

Government
SECTION 5-THE KABWE MARKET BY-LAWS Notices
254 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Municipal Council of Kabwe in accordance with the
Act and may be cited as the Kabwe Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Municipal Council of Kabwe;

"market" means a market established within the municipality under the


Act;

"market area" means the Kabwe Municipality;

"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.

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.

11. No person shall within any market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

18. No person shall bring, keep or suffer to be brought or keep in the


market any dog or other animal without the permission of the local
authority.

SECTION 5-THE KALOMO MARKET BY-LAWS Government


Notices
87 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Kalomo Township Council in accordance with the
Act and may be cited as the Kalomo Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Kalomo Township Council;

"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.

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.

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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

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.

Government
SECTION 5-THE KALULUSHI MARKET BY-LAWS Notices
141 of 1963
497 of 1964

1. These By-laws shall apply to all market from time to time


established by the Kalulushi Township Council in accordance with the
Act and may be cited as the Kalulushi Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"goods" means-

(a) foodstuffs, livestock and other agriculture 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;

"local authority" means the Kalulushi Township Council;

"market" means a market established within the Kalulushi Township


under the Act;

"market area" means the Kalulushi Township;

"Medical Officer of Health" includes the Director of Medical Services,


the Deputy Director of Medical Services, any Government Medical
Officer, Health Officer or Health Inspector, and any medical
practitioner appointed to act as a Health Officer in the Kalulushi
Township by the Director of Medical Services;

"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.
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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.

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.

15. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

19. 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.

SECTION 5-THE KANSUSWA MARKET BY-LAWS Government


Notices
187 of 1959
2 of 1960
481 of 1964
497 of 1964

1. These By-laws shall apply to all markets established within the


Kansuswa Township and may be cited as the Kansuswa Market
By-laws.

2. In these By-laws, unless the context otherwise requires-

"local authority" means the Kansuswa Township Council;

"market" means any market established under the Act within the
Kansuswa Township;

"market area" means the Kansuswa Township Area;

"produce" includes agricultural and forest produce, fish, fruit, dried


meat, poultry, eggs, vegetables, edible insects, beeswax, honey, salt and
tobacco of Zambia and mats, baskets and other articles manufactured
within Zambia;

"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.

8. No persons shall deliver produce to the market for sale except


during the following hours:

Mondays to Fridays .. .. 06.00 hours to 18.00 hours

Saturdays. . .. .. .. 06.00 hours to 13.00 hours

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.

18. No building, tent, booth or shelter shall be erected in the market


without the consent in writing of the local authority.

19. No person shall be permitted to loiter in the market for the purpose
of begging or for any other purpose.

20. No person shall spit or commit a nuisance within the market.


21. 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.

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.

23. No person suffering from any communicable disease shall be


permitted to enter the market.

24. No person shall sing, shout or create other noise or disturb-ance in


the market.

25. No person shall bring, keep or suffer to be brought or kept in the


market any animals.

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.

SECTION 5-THE KAOMA MARKET BY-LAWS Government


Notices
201 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Kaoma Rural Council in accordance with the Act and
may be cited as the Kaoma Market By-laws.
2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Kaoma Rural Council;

"market" means a market established within the market area under the
Act;

"market area" means the *Kaoma area;

* 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.

"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 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 the 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.

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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

SECTION 5-THE KASAMA MARKET BY-LAWS Government


Notices
376 of 1962
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Kasama Township Council in accordance with the
Act and may be cited as the Kasama Market By-laws.
2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Kasama Township Council;

"market" means a market established within the township under the Act;

"market area" means the Kasama 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.

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.

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.

11. No person shall within any market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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 the


market, any dog or other animal without the permission of the local
authority.

Government
SECTION 5-THE KASOMPE MARKET BY-LAWS Notices
58 of 1957
481 of 1964
497 of 1964

1. These By-laws shall apply to the market established within the


Kasompe Township and may be cited as the Kasompe Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"local authority" means the Kasompe Township Council;

"market" means the Kasompe Market established under the Act;

"market area" means the Kasompe Township Area;

"produce" includes agricultural and forest produce, fish, fruit, meat,


poultry, eggs, vegetables, beeswax, honey, salt and tobacco of Zambia,
and mats, baskets and other articles manufactured within Zambia;

"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.

9. 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 Sub-Inspector or any person
authorised by the local authority.
(As amended by No. 481 of 1964)

10. No person shall be permitted to loiter in the market.

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.

13. Every person offering foodstuffs in the market shall take


precautions to protect such produce from flies in accordance with the
directions of the Market Master.

14. No person shall spit or commit a nuisance within the precincts of


the market.

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.

17. Every person wishing to sell in the market shall obtain a


stall-holder's permit from the local authority and the local authority may
charge a fee per stall per day not exceeding three fee units or such other
fee as the Minister may approve.
(As amended by No. 13 of 1994)

18. No person suffering from any communicable disease shall be


permitted to enter the market.

19. Obsolete.

20. No person shall bring, keep or suffer to be brought or kept in the


market any dog.

21. Fish shall be placed on the stalls separate from other produce.

22. The slaughtering of cattle at the market is prohibited.


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.

24. No person shall sing, shout or create other noise or disturbance in


the market.

Government
SECTION 5-THE KAWAMBWA MARKET BY-LAWS Notices
142 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Kawambwa Rural Council in accordance with the Act
and may be cited as the Kawambwa Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Kawambwa Rural Council;

"market" means a market established within the market area under the
Act;

"market area" means the *Kawambwa area;

* 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.

"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 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 the 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.
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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

SECTION 5-THE KITWE MARKET BY-LAWS Government


Notices
346 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the City Council of Kitwe in accordance with the Act and
may be cited as the Kitwe Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the City Council of Kitwe;

"market" means a market established within the City of Kitwe under the
Act;

"market area" means the City of Kitwe;

"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.

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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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.

13. No person renting, holding or occupying a stall within any market


shall-
(a) gut fish, poultry or game in the market;
(b) bring into the market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

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.

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.

20. No person shall use the market for begging or hawking.

SECTION 5-THE LIVINGSTONE MARKET BY-LAWS Government


Notices
417 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Municipal Council of Livingstone in accordance with
the Act and may be cited as the Livingstone Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Municipal Council of Livingstone;

"market" means a market established within the municipality under the


Act;

"market area" means the Livingstone Municipality;

"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.

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.

11. No person shall be permitted to loiter in a market for the purpose of


begging or any other purpose.
12. No person shall spit or commit a nuisance within the precincts of a
market.

13. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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.

15. No person renting, holding or occupying a stall within any market


shall-
(a) gut fish or game in his stall;
(b) bring into the market 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.

16. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

20. 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.

SECTION 5-THE LUANSHYA MARKET BY-LAWS Government


Notices
273 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Municipal Council of Luanshya in accordance with
the Act and may be cited as the Luanshya Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Municipal Council of Luanshya;

"market" means a market established within the municipality under the


Act;

"market area" means the Luanshya Municipality;

"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.

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.
11. No person shall within a market-
(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

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.
SECTION 5-THE LUNDAZI MARKET BY-LAWS Government
Notices
120 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Lundazi Rural Council in accordance with the Act
and may be cited as the Lundazi Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Lundazi Rural Council;

"market" means a market established within the market area under the
Act;

"market area" means the *Lundazi area;

* 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.

"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 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.

*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.

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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

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.

SECTION 5-THE LUSAKA MARKET BY-LAWS Government


Notices
281 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the City Council of Lusaka in accordance with the Act
and may be cited as the Lusaka Market By-Laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the City Council of Lusaka;

"market" means a market established within the City of Lusaka under


the Act;

"market area" means the City of Lusaka;

"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.

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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

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.

SECTION 5-THE LUWINGU MARKET BY-LAWS Government


Notices
326 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Luwingu Rural Council in accordance with the Act
and may be cited as the Luwingu Market By-laws.
2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Luwingu Rural Council;

"market" means a market established within the market area under the
Act;

"market area" means the *Luwingu area;

* 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.

"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 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.

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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

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.

SECTION 5-THE MANSA MARKET BY-LAWS Government


Notices
89 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Mansa Township Council in accordance with the Act
and may be cited as the Mansa Market By-laws.

2. In these By-laws, unless the context otherwise requires-


"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;

"local authority" means the Mansa Township Council;

"market" means a market established within the township under the Act;

"market area" means the Mansa 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.

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.

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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.
14. No building, tent, booth or shelter shall be erected in any market
without the consent of the local authority.

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.

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.

SECTION 5-THE MAZABUKA MARKET BY-LAWS Government


Notices
118 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Mazabuka Township Council in accordance with the
Act and may be cited as the Mazabuka Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;
"local authority" means the Mazabuka Township Council;

"market" means a market established within the township under the Act;

"market area" means the Mazabuka 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.

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.

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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

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.

SECTION 5-THE MBALA MARKET BY-LAWS Government


Notices
22 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Mbala Township Council in accordance with the Act
and may be cited as the Mbala Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Mbala Township Council;

"market" means a market established within the Mbala Township under


the Act;

"market area" means the Mbala 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.

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.
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.

(2) No person shall within any market-

(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;

(b) wash or clean vegetables or other produce or articles except at


places provided for that purpose.

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.

12. No person renting, holding or occupying a stall within any market


shall-
(a) gut fish or game in his stall;
(b) bring into the market 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.

13. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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

1. These By-laws shall apply to all markets from time to time


established by the Mongu Township Council in accordance with the Act
and may be cited as the Mongu Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Mongu Township Council;

"market" means a market established within the township under the Act;

"market area" means the Mongu 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.

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 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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose.
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 those goods which
are stored in lock-up stalls with the consent of the local authority.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

17. The local authority shall have the power-


(a) to stipulate the maximum quantity of any particular goods which
may be offered for sale on any one day;
(b) to prohibit the sale of any particular goods either generally or on
any one day; and
(c) to limit, by fixing a maximum, the numbers of sellers of any
particular goods on any one day.

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.

20. 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.

SECTION 5-THE MPIKA MARKET BY-LAWS Government


Notices
121 of 1963
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Mpika Rural Council in accordance with the Act and
may be cited as the Mpika Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Mpika Rural Council;

"market" means a market established within the market area under the
Act;

"market area" means the *Mpika area;

* 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.
"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 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.

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.

11. No person shall within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetable or other produce or articles except at
places provided for that purpose.

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 market 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.

14. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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.

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.

SECTION 5-THE MPOROKOSO MARKET BY-LAWS Government


Notices
34 of 1960
224 of 1960

1. These By-laws may be cited as the Mporokoso Market By-laws and


shall apply to the market established on the special site within the
*Mporokoso area.

* 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.

2. In these By-laws, unless the context otherwise requires-

"market" means the Mporokoso Market established under the Act;

"produce" includes agricultural produce, fish, fruit, meat, poultry, eggs


and vegetables, mats and tobacco;

"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.

7. No person shall be permitted to loiter in the market for the purpose


of begging or for any other purpose.

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.

9. No building, tent, booth or shelter shall be erected in the market


without the consent of the Mporokoso Rural Council.

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.

11. No person shall spit or commit a nuisance within the precincts of


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.

12. No person shall use the market as a sleeping place nor frequent the
market between sunset and sunrise.

13. No person suffering from any communicable disease shall be


permitted to sell or offer for sale any produce in the market.

14. The Mporokoso Rural Council may establish a scale of charges to


stall-holders up to and not exceeding two ngwee per stall per day.
(No. 224 of 1960)

Government
SECTION 5-THE MUFULIRA MARKET BY-LAWS Notices
128 of 1964
497 of 1964

1. These By-laws shall apply to all markets from time to time


established by the Municipal Council of Mufulira in accordance with the
Act and may be cited as the Mufulira Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"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;

"local authority" means the Municipal Council of Mufulira;

"market" means a market established within the municipality under the


Act;

"market area" means the Mufulira Municipality;

"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 be permitted to loiter in the market for the purpose


of begging or for any other purpose.

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.

11. 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 within a market-


(a) keep or expose for sale any article which the Market Master
considers to be of an offensive nature;
(b) wash or clean vegetables or other produce or articles except at
places provided for that purpose;
(c) wilfully damage or deface or foul or misuse any part of a market;
(d) deposit or throw on the floor of a market any refuse, fruit peels
or other fruit or vegetable substances or any substances whatsoever.

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.

14. No person renting, holding or occupying a stall within any market


shall-
(a) gut fish or game in his stall;
(b) bring into the market 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. 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.

16. No building, tent, booth or shelter shall be erected in any market


without the consent of the local authority.

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 shall have the power-


(a) to stipulate the maximum quantity of any particular goods which
may be offered for sale on any one day;
(b) to prohibit the sale of any particular goods either generally or on
any one day;
(c) to limit, by fixing a maximum, the number of sellers of any
particular goods on any one day.

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.

21. 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.

SECTION 5-THE SOLWEZI MARKET BY-LAWS Government


Notices
188 of 1959
33 of 1960
481 of 1964

1. These By-laws shall apply to the market established on the special


site within the Solwezi area by the Markets Establishment (Solwezi)
Order and may be cited as the Solwezi Market By-laws.

2. In these By-laws, unless the context otherwise requires-

"local authority" means the Solwezi Rural Council;

"market" means the Solwezi Market established under the Act;

"market area" means the *Solwezi area;

* 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.
"produce" includes agricultural produce, fish, fruit, poultry, eggs,
vegetables, local tobacco, local salt, beeswax, edible insects, cooking oil
and locally manufactured articles;

"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.

7. No person shall be permitted to loiter in the market for the purpose


of begging or for any other purpose.

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.

9. No building, tent, booth or shelter shall be erected in the market


without the consent in writing of the local authority.

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.

11. No person shall spit or commit a nuisance within the precincts of


the market.

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.

13. No person suffering from any communicable disease shall be


permitted to sell or offer for sale or barter any produce in the market.

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.

18. No person shall bring, keep or suffer to be brought or kept in the


market any dog.

19. Every person wishing to sell in the market shall obtain a


stall-holder's permit from the local authority and the local authority may
establish a scale of charges to stall-holders up to and not exceeding two
ngwee per stall per day.
20. The local authority shall have the right to fix maximum prices for
the produce which may be offered for sale 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)

Government
SECTION 5-THE TWAPIA MARKET BY-LAWS Notices
44 of 1950
118 of 1950
481 of 1964
497 of 1964

1. These By-laws shall apply to the market established within the


Twapia Township and may be cited as the Twapia Market Bylaws.

2. In these By-laws, unless the context otherwise requires-

"local authority" means the Twapia Township Council;

"market" means the Twapia Market established under the Act;

"market area" means the Twapia Township Area;

"produce" includes agricultural and forest produce, fish, fruit, meat,


poultry, eggs, vegetables, beeswax, honey, salt and tobacco of Zambia,
and mats, baskets and other articles manufactured within Zambia;

"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.

9. 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 Sub- Inspector or any person
authorised by the local authority.
(As amended by No. 481 of 1964)

10. No person shall be permitted to loiter in the market.

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.

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.

14. No person shall spit or commit a nuisance within the precincts of


the market.
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.

17. Every person wishing to sell in the market shall obtain a


stall-holder's permit from the local authority, and a scale of charges to
stall-holders up to and not exceeding three fee units per stall per day will
be levied.
(As amended by Act No. 13 of 1994)

18. No person suffering from any communicable disease shall be


permitted to enter the market.

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.

20. No person shall bring, keep or suffer to be brought or kept in the


market any dog.

21. Fish shall be placed on the stalls separate from other produce.

22. The slaughtering of cattle at the market is prohibited.

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.

24. No person shall sing, shout or create other noise or distrubance in


the market.

Government
SECTION 5-THE ZAMBEZI MARKET BY-LAWS Notices
302 of 1960
481 of 1964

1. These By-laws shall apply to the market established on the special


site within the *Zambezi area by the Market Establishment (Zambezi)
Order and may be cited as the Zambezi Market By-laws.

* 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.

2. In these By-laws, unless the context otherwise requires-

"local authority" means the Zambezi Rural Council;

"market" means the Zambezi Market established under the Act;

"market area" means the *Zambezi area;

"produce" includes agricultural produce, fish, fruit, poultry, eggs,


vegetables, local tobacco, local salt, beeswax, edible insects, cooking oil
and locally manufactured articles;

"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.

7. No person shall be permitted to loiter in the market for the purpose


of begging or for any other purpose.

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.

9. No building, tent, booth or shelter shall be erected in the market


without the consent in writing of the local authority.

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.

11. No person shall spit or commit a nuisance within the precincts of


the market.

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.

13. No person suffering from any communicable disease shall be


permitted to sell or offer for sale or barter any produce in the market.

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.

18. No person shall bring, keep or suffer to be brought or kept in the


market any dog.

19. Every person wishing to sell in the market shall obtain a


stall-holder's permit from the local authority and the local authority may
establish a scale of charges to stall-holders up to and not exceeding two
ngwee per stall per day.

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

GWEMBE DISTRICT SPECIAL FUND


(DISSOLUTION)

An Act to dissolve the Gwembe District Special Fund; to establish the


Gwembe Rural Council Fund and to vest in it the monies and assets of
the aforesaid Special Fund; to provide for the administration of and
application of the Gwembe Rural Council Fund; and to provide for
matters incidental to the foregoing.
[16th February, 1968]

1. This Act may be cited as the Gwembe District Special Fund Short title
(Dissolution) Act.

2. In this Act, unless the context otherwise requires- Interpretation

"the Fund" means the Gwembe Rural Council Fund;

"the Order" means the Zambia (Gwembe District) Orders, 1959 and App. 9
1964.

3. There is hereby established a Fund which shall be known as the Establishment


Gwembe Rural Council Fund. of Gwembe
Rural Council
Fund

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

5. The Fund shall consist of- Moneys


(a) all monies and other assets vested in the Fund by section four; payable into the
Fund
(b) all monies which shall, on and after the commencement of this
Act, be received by the Government by way of rent or other payments in
respect of leases, wayleaves or other rights granted under section 6 of
the Order;
(c) any other monies or assets which would, but for the dissolution
of the Gwembe District Special Fund, be payable into that Fund;
(d) any monies which are paid to the Minister pursuant to section
six; and
(e) any monies and other assets which vest in or accrue to the Fund
in the course of the administration of the 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;

(b) authorise payments to be made out of the Fund in defending,


settling or satisfying any claim made pursuant to subsection (3);
(c) take such steps and action as may be necessary to collect any
moneys or assets belonging to or payable to the Fund;

(d) authorise payments to be made out of the Fund in defraying the


costs of the administration of the Fund;

(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.

(3) Monies or other assets due whether before or after the


commencement of this Act to be paid by or to the Gwembe District
Special Fund shall be paid by or to the Minister; and any right of action
in respect of any such monies or assets may be prosecuted by or against
the Minister.

(4) In any action brought in pursuance of subsection (3), any defence


which would have been available to or against the Gwembe District
Special Fund or the trustees of that fund shall be available to or against
the Minister.

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