CHAPTER 106
DEFENCE ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Provisions as to active service

   4.   Maintenance of Defence Force

   5.   Employment of Defence Force

   6.   Employment of Defence Force outside Zambia

   7.   Overseas training

PART II
DEFENCE COUNCIL

   8.   Establishment of Defence Council

PART III
OFFICERS

   9.   Officers selection board

   10.   Grant of commissions

   11.   Appointment and transfer of officers

   12.   Regulations under this Part

PART IV
ENLISTMENT AND TERMS OF SERVICE IN THE REGULAR FORCE

ENLISTMENT

   13.   Recruiting officers

   14.   Enlistment

   15.   Terms of enlistment

   16.   Re-engagement and continuation in service

   17.   Prolongation of service

DISCHARGE AND TRANSFER TO RESERVE FORCE

   18.   Discharge

   19.   Transfer to Reserve Force

   20.   Postponement of discharge or transfer pending proceedings for offences, etc.

   21.   Discharge upon prescribed grounds

   22.   Right of soldier to purchase discharge

   23.   Restrictions on reduction in rank of warrant officers and non-commissioned officers

   24.   Right of warrant officer to discharge on reduction in rank

   25.   Persons enlisting in Corps of Instructors

MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

   26.   Rules for reckoning service

   27.   Validity of attestation and enlistment

   28.   False answers in attestation papers

PART V
DISCIPLINE AND TRIAL AND PUNISHMENT OF MILITARY OFFENCES

TREACHERY, COWARDICE AND OFFENCES ARISING OUT OF MILITARY SERVICE

   29.   Aiding the enemy

   30.   Communication with the enemy

   31.   Cowardly behavior

   32.   Offences against morale

   33.   Becoming prisoner of war through disobedience or wilful neglect and failing to rejoin Force

   34.   Offences by or in relation to sentries, etc.

   35.   Looting

MUTINY AND INSUBORDINATION

   36.   Mutiny

   37.   Failure to suppress mutiny

   38.   Insubordinate behavior

   39.   Disobedience to particular orders

   40.   Obstruction of provost officers

   41.   Disobedience to standing orders

DESERTION, ABSENCE WITHOUT LEAVE, ETC.

   42.   Desertion

   43.   Absence without leave

   44.   Assisting and concealing desertion and absence without leave

   45.   Falsely obtaining or prolonging leave

   46.   Failure to perform military duties

MALINGERING AND DRUNKENNESS

   47.   Malingering

   48.   Drunkenness

OFFENCES RELATING TO PROPERTY

   49.   Offences in relation to public and service property

   50.   Offences in relation to property of members of Force

   51.   Miscellaneous offences relating to property

OFFENCES RELATING TO BILLETING AND REQUISITIONING OF VEHICLES

   52.   Billeting offences

   53.   Offences in relation to requisitioning of vehicles

FLYING, ETC., OFFENCES

   54.   Dangerous flying, etc.

   55.   Inaccurate certification of aircraft, etc.

   56.   Low flying

   57.   Annoyance by flying

OFFENCES RELATING TO, AND BY, PERSONS IN CUSTODY

   58.   Irregular arrest and confinement

   59.   Permitting escape, and unlawful release of prisoners

   60.   Resistance to arrest

   61.   Escape from confinement

OFFENCES IN RELATION TO COURTS-MARTIAL

   62.   Offences in relation to courts-martial

   63.   False evidence

MISCELLANEOUS OFFENCES

   64.   Injurious disclosures

   65.   Making of false statements on enlistment

   66.   Making of false documents

   67.   Scandalous conduct of an officer

   68.   Ill-treatment of officers or men of inferior rank

   69.   Disgraceful conduct

   70.   False accusation, etc.

   71.   Attempts to commit military offences

   72.   Conduct to the prejudice of military discipline

CIVIL OFFENCES

   73.   Civil offences

PUNISHMENTS

   74.   Punishment of officers

   75.   Punishment of soldiers

   76.   Field punishment

ARREST

   77.   Power to arrest offenders

   78.   Provisions for avoiding delay after arrest

INVESTIGATION OF, AND SUMMARY DEALING WITH, CHARGES

   79.   Investigation of charges by commanding officer

   80.   Charges to be dealt with summarily or by court-martial

   81.   Further proceedings on charges against non-commissioned officers and soldiers.

   82.   Further proceedings on charges against officers and warrant officers

   83.   Dismissal of charges referred to higher authority

   84.   Officers who are to act as commanding officers and appropriate superior authorities

   85.   Limitation of powers of summary dealing with charges

COURT-MARTIAL: GENERAL PROVISIONS

   86.   Trial by, and powers of, court-martial

   87.   Officers having power to convene court-martial

   88.   Constitution of court-martial

   89.   Supplementary provisions as to constitution of court-martial

   90.   Place for sitting of court-martial and adjournment to other places

COURT-MARTIAL: PROVISIONS RELATING TO TRIAL

   91.   Challenges by accused

   92.   Administration of oaths

   93.   Court-martial to sit in open court

   94.   Dissolution of court-martial

   95.   Decisions of court-martial

   96.   Finding and sentence

   97.   Power to convict of an offence other than that charged

   98.   Rules of evidence

   99.   Privilege of witnesses and others at court-martial

   100.   Offences by civilians in relation to court-martial

   101.   Affirmations

CONFIRMATION, REVISIONS AND REVIEW OF PROCEEDINGS OF COURT-MARTIAL

   102.   Confirmation of proceedings of court-martial

   103.   Petitions against finding or sentence

   104.   Revision of findings of court-martial

   105.   Powers of confirming officers

   106.   Confirming officers

   107.   Approval of death sentence by President

   108.   Review of finding and sentence of court-martial

   109.   Reconsideration of sentences of imprisonment and detention

REVIEW OF SUMMARY FINDINGS AND AWARDS

   110.   Review of summary findings and awards

FINDINGS OF INSANITY

   111.   Provisions where accused found insane

COMMENCEMENT, SUSPENSIONS AND DURATION OF SENTENCES

   112.   Commencement of sentences

   113.   Duration of sentences of imprisonment and detention

   114.   Suspension of sentences

   115.   Restriction on serving of sentences of detention in prisons

   116.   Special provisions as to civil prisons in Zambia

   117.   Special provisions as to carrying out or serving sentences outside Zambia

   118.   Country in which sentence of imprisonment or detention to be served

   119.   Duties of officers in charge of prisons and others to receive prisoners

TRIAL OF PERSONS CEASING TO BE SUBJECT TO MILITARY LAW UNDER THIS ACT AND TIME

LIMITS FOR TRIALS

   120.   Trial and punishment of offences under this Act notwithstanding offender ceasing to be subject thereto

   121.   Limitation of time for trial of offences under this Act

RELATIONS ETWEEN MILITARY AND CIVIL COURTS AND FINALITY OF TRIALS

   122.   Powers of civil courts

   123.   Persons not to be tried under this Act for offences already disposed of

INQUIRIES

   124.   Boards of inquiry

   125.   Inquiries into absence

MISCELLANEOUS PROVISIONS

   126.   Restitution or compensation for theft, etc.

   127.   Appointment of judge advocates

   128.   Promulgation

   129.   Custody of proceedings of court-martial and right of accused to copy thereof

   130.   Indemnity for prison officers, etc.

RULES OF PROCEDURE, ETC.

   131.   Rules of Procedure

   132.   Imprisonment and Detention Regulations

   133.   Board of Inquiry Rules

   134.   Miscellaneous regulations

INTERPRETATION OF PART V

   135.   Interpretation of Part V

PART VI
APPEALS FROM COURTS-MARTIAL

   136.   Right of appeal

   137.   Application for leave to appeal

   138.   Determination of appeals in ordinary cases

   139.   Powers of court of appeal in special cases

   140.   Commencement of sentence

   141.   Appeals to be final

   142.   Proceedings may be heard in absence of appellants

   143.   Defence of appeals

   144.   Right of appellant to present his case in writing

   145.   Suspension of death sentence

   146.   Person not to be tried again where conviction quashed

   147.   Removal of prisoners for purposes of this Part

   148.   Furnishing, on appeal, of documents relating to trial

   149.   Duties of registrar of court of appeal with respect to appeals, etc.

   150.   Saving of powers of reviewing authorities

   151.   Composition of court of appeal

   152.   Exercise of certain powers of court of appeal by a Judge

   153.   General provisions as to procedure

PART VII
FORFEITURES AND DEDUCTIONS AND ENFORCEMENT OF MAINTENANCE LIABILITIES

   154.   Forfeitures and deductions; general provisions

   155.   Forfeiture of pay for absence from duty

   156.   Deductions for payment of civil penalties

   157.   Compensation for loss occasioned by wrongful act or negligence

   158.   Deductions for barrack damage

   159.   Remission of forfeitures and deductions

   160.   Enforcement of maintenance and affiliation orders by deduction from pay

   161.   Deductions from pay for maintenance of wife or child

   162.   Limit of deductions under sections 160 and 161 and effect on forfeiture

   163.   Service of process in maintenance proceedings

PART VIII
GOVERNMENT AND GENERAL PROVISIONS

COMMAND

   164.   Command and precedence

   165.   Command of Forces

   166.   Regulations as to command

   167.   Powers of command of members of co-operating forces

REDRESS OF COMPLAINTS

   168.   Complaints by officers

   169.   Complaints by soldiers

EXEMPTIONS FOR OFFICERS AND SOLDIERS

   170.   Exemption from service as assessor

   171.   Exemption from tolls, etc.

   172.   Exemption from taking in execution of property used for military purposes

PROVISIONS RELATING TO DESERTERS AND ABSENTEES WITHOUT LEAVE

   173.   Arrest of deserters and absentees without leave

   174.   Proceedings before a civil court where persons suspected of illegal absence

   175.   Deserters and absentees without leave surrendering to police

   176.   Certificates of arrest or surrender of deserters and absentees

   177.   Duties of superintendents of prisons and others to receive deserters and absentees

OFFENCES RELATING TO MILITARY MATTERS PUNISHABLE BY CIVIL COURTS

   178.   Punishment for pretending to be a deserter and for procuring and assisting desertion

   179.   Punishment for obstructing officers or soldiers in execution of duty

   180.   Punishment for aiding malingering

   181.   Unlawful purchase, etc., of military stores

   182.   Illegal dealings in documents relating to pay, pensions, mobilisation, etc.

   183.   Unauthorised use of and dealing in decorations, etc.

PROVISIONS AS TO EVIDENCE

   184.   General provisions as to evidence

   185.   Proof of outcome of civil trial

   186.   Evidence of proceedings of court-martial

MISCELLANEOUS PROVISIONS

   187.   Temporary reception in civil custody of persons under escort

   188.   Avoidance of assignment of, or charge on, military pay, pensions, etc.

   189.   Power of certain officers to take statutory declarations

PART IX

   190.   Repealed

   191.   Repealed

   192.   Repealed

   193.   Repealed

   194.   Repealed

   195.   Repealed

   196.   Repealed

   197.   Repealed

   198.   Repealed

PART X
RESERVE FORCE

   199.   Composition

   200.   Discharge from Reserve

   201.   Reporting of Reserve

   202.   Embodiment

   203.   Postponement of discharge

   204.   Failure to attend on embodiment

   205.   Regulations under this Part

PART XI
APPLICATION OF ACT AND SUPPLEMENTARY PROVISIONS

   206.   Persons subject to military law

   207.   Application of Act to civilians

   208.   Application of Act to persons subject to the Acts

   209.   Application of Act to Home Guard and Reserve Force

   210.   Regulations

   211.   Powers exercisable in subsidiary legislation

   212.   Execution of orders, instruments, etc.

   213.   Transitional provisions

   214.   Exemption from Trades Licensing Act and Clubs’ Registration Act

   215.   Repeal of Defence Act, 1955

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to provide for the creation and maintenance in Zambia of a Defence Force consisting of an Army comprising the Regular Force of the Army, the Territorial Force of the Army, the Army Reserve and the Territorial Army Reserve, and an Air Force comprising the Regular Force of the Air Force, the Auxiliary Air Force, the Air Force Reserve and the Auxiliary Air Force Reserve; to charge the Defence Force with the defence of Zambia and with such other duties as may from time to time be determined by the President; to provide for the creation of a Defence Council to advise the President in matters of policy and matters affecting the command, discipline and administration of the Defence Force; to provide for the commissioning, appointment and transfer of officers in the Defence Force and to set out the terms and conditions of enlistment and service of soldiers in the Regular Force of the Defence Force; to provide the conditions of discharge of soldiers from the Regular Force and for their transfer to the Reserve Force; to provide for the discipline of the Defence Force and for the trial and punishment of members of the Force who commit such military offences as are set out in the Act, or civil offences; to make provision for the arrest of members of the Defence Force who commit an offence against any provision of the Act and for the investigation of and summary dealing with charges preferred against such members; to provide for the creation and constitution of courts-martial to try persons subject to military law under the Act, for the procedure to be followed by such courts- martial, for the awarding of punishments and for the confirmation, revision and review of proceedings of courts-martial and the review of summary findings and awards; to make provision for the carrying out of sentences of imprisonment awarded by courts-martial, for a right of appeal from the decision of a court-martial to the court of appeal and for the procedure in and determination of such appeals; to provide for the enforcement of maintenance and affiliation orders against members of the Defence Force by deduction from pay and for the imposition of forfeitures and deductions from the pay of such members in certain circumstances; to set out the order of precedence of officers and soldiers of the Defence Force and to make provision for the command of the Army and the command of the Air Force and for the exemption of officers and soldiers from serving as assessors in civil courts, to provide for the arrest, of deserters and absentees without leave and for the bringing of such persons before a civil court; to set out the offences relating to military matters which are punishable by civil courts and to make provision with respect to evidence in proceedings under this Act, whether before a court-martial or a civil court; to provide for the composition of and enlistment of persons in the Territorial Force, for the training of persons enlisted in such Force, for the embodiment of such Force when necessary in the public interest, for the discharge of persons from the Force and for all other matters affecting the discipline of the Force; to provide for the composition and embodiment of the Reserve Force, for the discharge of persons from that Force and for all other matters affecting the discipline of such Force; to set out the persons who are subject to military law under the Act and generally to provide for matters incidental to or connected with the foregoing; to repeal the Defence Act, 1955, and to give effect to the transitional provisions and savings set out in the Act.

[18th September, 1964]

Act 45 of 1964,

Act 1 of 1967,

Act 32 of 1971,

Act 21 of 1985,

Act 1 of 1987,

Act 24 of 1987,

Act 18 of 1988,

Act 13 of 1994,

GN 497 of 1964,

SI 8 of 1964.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Defence Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“the Acts” mean the Army Act, 1955, and Air Force Act, 1955, of the United Kingdom as amended from time to time and any enactment substituted therefor;

“acting rank” means rank of any description (however called) such that under regulations made under section 210 a commanding officer has power to order the holder to revert from that rank; and “acting warrant officer” and “acting non-commissioned officer” shall be construed accordingly;

“active service” shall be construed in accordance with section 3;

“aircraft” means any machine for flying, whether propelled by mechanical means or not, and includes any description of balloon;

“aircraft material” includes—

      (a)   parts of, and components of or accessories for, aircraft, whether for the time being in the aircraft or not;

      (b)   engines, armaments, ammunition and bombs and other missiles of any description in, or for use in, aircraft;

      (c)   any other gear, apparatus or instruments in, or for use in, aircraft;

      (d)   any apparatus used in connection with the taking-off or landing of aircraft or for detecting the movement of aircraft;

      (e)   any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft or aircraft material;

“air signal” means any message, signal or indication given, by any means whatsoever, for the guidance of aircraft or a particular aircraft;

“appropriate superior authority” has the meaning assigned to it by paragraph (b) of sub-section (1) of section 84;

“arrest” includes open arrest;

“before the enemy”, in relation to a person, means that he is in action against the enemy or about to go into action against the enemy, or is under attack or threat of imminent attack by the enemy;

“Board of Inquiry Rules” means rules made by the President under section 133;

“civil court” means a court of ordinary criminal jurisdiction, but does not, except where otherwise expressly provided, include any such court outside Zambia;

“civil offence” has the meaning assigned to it in sub-section (2) of section 73;

“colour service” means service in the Regular Force under the provisions of this Act;

“Commander” means the person appointed under section 165, and “Army Commander” and “Air Commander” shall be construed accordingly;

“commanding officer” has the meaning assigned to it in paragraph (a) of sub-section (1) of section 84;

“competent military authority” means the President or any officer as may be prescribed;

“corps” means such body of the Defence Force as may from time to time be declared by the President to be a corps for the purposes of this Act and regulations made thereunder;

“corresponding civil offence” has the meaning assigned to it in sub-section (2) of section 73;

“corresponding rank”, in relation to any rank in the Army or Air Force, means such rank in the other of those bodies as may be declared to correspond therewith by regulations made by the President under section 210;

“court-martial”, except where it is expressed to be under service law, means a court-martial under this Act;

“court of appeal” means the Supreme Court for Zambia;

“damage” includes destruction, and references to damaging shall be construed accordingly;

“date of attestation”, in relation to any person, means the date on which he is attested in accordance with the provisions of regulations;

“decoration” includes medal, medal ribbon, clasp and good-conduct badge;

“Defence Force” means the Defence Force of Zambia referred to in section 4;

“desertion” shall be construed in accordance with sub-section (2) of section 42;

“detachment” means a part of a unit which is so separated from the unit to which it belongs that the officer commanding that unit cannot effectively exercise his disciplinary powers as commanding officer over it;

“enemy” includes all persons engaged in armed operations against the Defence Force or any forces co-operating therewith and also includes all armed mutineers, armed rebels and armed rioters;

“field rank” means the rank of major and any higher rank, and “field officer” shall be construed accordingly;

“the Home Guard” means the Home Guard established under section 3 of the Home Guard Act;

“Imprisonment and Detention Regulations” means regulations made by the President under section 132;

“military custody” includes Air Force custody;

“oath” includes affirmation, and references to swearing shall be construed accordingly;

“provost officer” means a provost marshal or officer subject to service law appointed to exercise the functions conferred by or under service law on provost officers;

“public property” means any property belonging to any department of the Government or held for the purposes of any such department;

“recruiting officer” means a person authorised as such under the provisions of section 13;

“Regular Force” means the Regular Force of the Army and the Regular Force of the Air Force referred to in sub-section (1) of section 4;

“Reserve Force” means the Army Reserve, the Territorial Army Reserve, the Air Force Reserve and the Auxiliary Air Force Reserve referred to in sub-section (1) of section 4;

“Rules of Procedure” means the Rules of Procedure made by the President under section 131;

“service”, when used adjectivally, means belonging to or connected with the Defence Force or any part of the Defence Force, or any force co-operating therewith;

“service law” means this Act, the Acts and the Naval Discipline Act, 1957, of the United Kingdom as amended from time to time, and any enactment substituted therefor;

“soldier” does not include an officer but, with the modifications contained in this Act in relation to warrant officers and non-commissioned officers (which expression shall include lance-corporals), includes a warrant officer and a non-commissioned officer;

“steals” has the meaning assigned to it in section 265 of the Penal Code;

“stoppages” means the recovery, by deductions from the pay of the offender, of a specified sum by way of compensation for any expense, loss or damage occasioned by the offence;

“Territorial Force” means the Home Guard and the Auxiliary Air Force referred to in sub-section (1) of section 4;

“unit” means—

      (a)   any independent portion of the Defence Force which is not higher in the organisation of that Force than a battalion or any equivalent body of troops; or

      (b)   any other body of that Force declared by the President to be a unit;

“United Kingdom Military or Air Forces” means any of the naval, military or air forces raised in any territory within the Commonwealth, by or on behalf of Her Majesty Queen Elizabeth II of the United Kingdom of Great Britain and Northern Ireland, and includes—

      (a)   armed forces of the former Federation of Rhodesia and Nyasaland; and

      (b)   for the purposes of section 210, the Defence Force of the former Protectorate of Northern Rhodesia as existing prior to the 24th October, 1964.

   (2) References in this Act to officers and soldiers of the Defence Force shall, except in Part VII, be construed as including references to officers and soldiers attached or seconded to the Defence Force.

   (3) References in this Act to military or Army rank include references to the corresponding Air Force rank.

[S 2 am by SI 8 of 1964; Act 32 of 1971.]

3.   Provisions as to active service

   (1) In this Act, “on active service”, in relation to any unit, means that it is engaged in operations against an enemy and, in relation to a person, means that he is serving in or with such unit which is on active service.

   (2) Where it appears to the President that, by reason of the imminence of active service or of the recent existence of active service, it is necessary in the public interest that a unit should be deemed to be on active service, he may declare that for such period, not exceeding three months, beginning with the coming into force of the declaration, as may be specified therein, that unit shall be deemed to be on active service.

   (3) Where it appears to the President that it is necessary in the public interest that the period specified in a declaration under sub-section (2) should be prolonged or, if previously prolonged under this section, should be further prolonged, he may declare that the said period shall be prolonged by such time, not exceeding three months, as may be specified in the declaration under this sub-section.

   (4) If at any time while any unit is deemed to be on active service by virtue of the foregoing provisions of this section, it appears to the President that there is no longer necessity for the unit to continue to be treated as being on active service, he may declare that as from the coming into operation of the declaration the unit shall cease to be deemed to be on active service.

   (5) Any declaration under this section shall be by statutory proclamation.

[S 3 am by SI 8 of 1964.]

4.   Maintenance of Defence Force

   (1) There shall be maintained in Zambia a Defence Force which shall consist of—

      (a)   an Army comprising—

      (i)   the Regular Force of the Army;

      (ii)   the Home Guard;

      (iii)   the Army Reserve;

      (iv)   the Territorial Army Reserve; and

      (b)   an Air Force comprising—

      (i)   the Regular Force of the Air Force;

      (ii)   the Auxiliary Air Force;

      (iii)   the Air Force Reserve; and

      (iv)   the Auxiliary Air Force Reserve.

   (2) Such components of the Defence Force referred to in sub-section (1) may be formed into units or other military bodies as the President may from time to time determine.

[S 4 am by Act 32 of 1971.]

5.   Employment of Defence Force

The Defence Force shall be charged with the defence of Zambia and with such other duties as may from time to time be determined by the President.

6.   Employment of Defence Force outside Zambia

Subject to the provisions of section 7, the President may at any time order that the whole or any part of the Defence Force shall be employed out of or beyond Zambia.

7.   Overseas training

   (1) The President may order that any officer or soldier of the Regular Force or, with his consent, any officer or soldier of the Territorial Force or Reserve Force, shall proceed to any place outside Zambia for the purpose of undergoing instruction or training or for duty or employment.

   (2) The President may, if the consent of the officer or soldier concerned is first obtained, place any officer or soldier of the Defence Force at the disposal of the military authorities of any other country or territory for the purpose of his being attached to the armed forces of that country or territory.

PART II
DEFENCE COUNCIL

8.   Establishment of Defence Council

   (1) There shall be a Defence Council which shall advise the President in such matters of policy and matters affecting the command, discipline and administration of the Defence Force and shall perform such other functions and duties as may be referred to it from time to time by the President.

   (2) The members of the Defence Council shall be appointed by the President.

   (3) The President shall have power to co-opt any other person as a member of the Defence Council from time to time as he may decide.

PART III
OFFICERS

9.   Officers selection board

No person shall be granted a commission in the Defence Force unless he has been recommended by a selection board which shall be established for this purpose by the President.

10.   Grant of commissions

   (1) The power to grant commissions in the Defence Force is vested in and shall be exercised only by the President.

   (2) A commission may be granted either for an indefinite period or for a specified time.

   (3) Every officer on being granted a commission shall be issued with a commission signed by the President in a form to be prescribed.

11.   Appointment and transfer of officers

   (1) Every officer upon being granted a commission shall be appointed to one of the components of the Defence Force referred to in sub-section (1) of section 4.

   (2) The President may upon such terms and conditions as may be prescribed transfer any officer between the Regular Force and the Territorial Force, between the Regular Force and the Reserve Force, or between the Territorial Force and the Reserve Force.

12.   Regulations under this Part

   (1) Subject to the provisions of this Act, the President may, by statutory instrument, make regulations for the better carrying out of the provisions of this Part and, without prejudice to the generality of the foregoing, such regulations may make provisions with respect to all or any of the following matters, that is to say, the commissioning of officers, their terms of service, appointment, transfer, promotion, retirement, resignation, removal from office and such other matters concerning officers as may seem necessary.

   (2) The appointment, transfer, substantive promotion, retirement, resignation or removal from office of any officer shall be notified in the Gazette.

PART IV
ENLISTMENT AND TERMS OF SERVICE IN THE REGULAR FORCE

ENLISTMENT

13.   Recruiting officers

Any person authorised in that behalf by regulations, in this Act referred to as a recruiting officer, may enlist recruits in the Regular Force in the prescribed manner.

14.   Enlistment

   (1) A person offering to enlist in the Regular Force shall be given a notice in the prescribed form setting out the questions to be answered on attestation and stating the general conditions of the engagement to be entered into by him, and a recruiting officer shall not enlist any person in the Regular Force unless satisfied by that person that he has been given such a notice, understands it, and wishes to be enlisted.

   (2) A recruiting officer shall not enlist a person under the apparent age of eighteen years unless consent to the enlistment has been given in writing by his parent or guardian or, where the parents or guardian are dead or unknown, by the District Secretary of the district in which such person resides.

15.   Terms of enlistment

   (1) The term for which a person enlisting in the Regular Force may be enlisted shall be such term beginning at the date of his attestation as is mentioned in the following provisions of this section.

   (2) Where the person enlisting has apparently attained the age of eighteen years, the term shall be seven years’ colour service and five years with the Reserve Force, or as may be prescribed from time to time by regulations.

   (3) Where the person enlisting has not apparently attained the age of eighteen years, the said term shall be seven years’ colour service commencing on the date upon which he attains such age, and a term of five years thereafter with the Reserve Force, or as may be prescribed from time to time by regulations.

16.   Re-engagement and continuation in service

Any soldier of the Regular Force who at any time has completed or is within one year before completing the term of his service with the Regular Force may, with the approval of the competent military authority, re-engage for such further period or periods of service with the Regular Force and service in the Reserve Force as may be prescribed.

17.   Prolongation of service

Any soldier of the Regular Force whose service expires during a state of war, insurrection, hostilities or public emergency, may be retained in the Regular Force and his service prolonged for such period as the competent military authority may direct.

DISCHARGE AND TRANSFER TO RESERVE FORCE

18.   Discharge

   (1) Save as hereinafter in this Act provided, every soldier of the Regular Force upon becoming entitled to be discharged, shall be discharged with all convenient speed, but until discharge shall remain subject to military law under this Act.

   (2) Where a soldier of the Regular Force who is entitled to be discharged is serving out of Zambia then—

      (a)   if he requires to be discharged in Zambia, he shall be sent there free of cost with all convenient speed and shall be discharged on his arrival there or, if he consents to his discharge being delayed, within six months from his arrival; but

      (b)   if at his request he is discharged at the place where he is serving, he shall have no claim to be sent to Zambia or elsewhere.

   (3) Except in pursuance of the sentence of a court-martial, a soldier of the Regular Force shall not be discharged unless his discharge has been authorised by order of the competent military authority.

   (4) Every soldier of the Regular Force shall be given on his discharge a certificate of discharge containing such particulars as may be prescribed.

19.   Transfer to Reserve Force

   (1) Every soldier of the Regular Force upon falling to be transferred to the Reserve Force shall be transferred to the Reserve Force but until so transferred shall remain subject to military law under this Act.

   (2) Where a soldier of the Regular Force when falling to be transferred to the Reserve Force, is serving out of Zambia, he shall be sent to Zambia free of cost with all convenient speed and shall be transferred to the Reserve Force on his arrival there or, if he consents to his transfer being delayed, within six months from his arrival.

   (3) Notwithstanding the provisions of sub-sections (1) and (2), the competent military authority may, when a soldier of the Regular Force falls to be transferred to the Reserve Force as aforesaid, discharge him forthwith without giving any reason and in any such case the provisions of section18 shall apply.

20.   Postponement of discharge or transfer pending proceedings for offences, etc.

   (1) Notwithstanding anything in this Part, a soldier of the Regular Force shall not be entitled to be discharged or transferred to the Reserve Force at a time when he has become liable to be proceeded against for an offence against any of the provisions of this Act:

Provided that if it is determined that the offence shall not be tried by court-martial this sub-section shall cease to apply.

   (2) Notwithstanding anything in this Part, a soldier of the Regular Force who is serving a sentence of imprisonment or detention awarded by a court-martial or by his commanding officer, shall not be entitled to be discharged or transferred to the Reserve Force during the currency of the sentence.

21.   Discharge upon prescribed grounds

A soldier of the Regular Force may be discharged by the competent military authority at any time during the currency of any term of engagement upon grounds and subject to such special instructions as may be prescribed.

22.   Right of soldier to purchase discharge

   (1) Subject to the provisions of this section, a soldier of the Regular Force shall be entitled to claim his discharge—

      (a)   at any time within three months after the date of his first attestation upon payment of a sum to be fixed by the Commander but which shall not exceed six hundred fee units; or

      (b)   at any time thereafter, with the consent of the Army Commander or Air Commander, as the case may be, upon payment of one-half of one month’s pay for each whole year of service with the Regular Force then remaining uncompleted;

and shall be discharged with all convenient speed, but until discharge shall remain subject to military law under this Act.

   (2) Notwithstanding the provisions of sub-section (1), a soldier of the Regular Force shall not be entitled to claim his discharge pursuant to this section while soldiers of the Regular Forces are required to continue their colour service under the provisions of section 17.

[S 22 am by Act 13 of 1994.]

23.   Restrictions on reduction in rank of warrant officers and non- commissioned officers

   (1) A warrant officer or non-commissioned officer of the Regular Force (other than a lance-corporal) shall not be reduced in rank except by a sentence of a court-martial or by order of an officer not below the rank of lieutenant-colonel authorised by regulations to act for the purposes of this sub-section.

   (2) An authorisation under sub-section (1) may be given generally or subject to such limitations as may be prescribed.

   (3) For the purposes of this section, a reduction in rank does not include reversion from acting rank to substantive rank or above.

24.   Right of warrant officer to discharge on reduction in rank

A warrant officer of the Regular Force who is reduced to the rank of private soldier may thereupon claim to be discharged unless a state of war, insurrection, hostilities or public emergency exists.

25.   Persons enlisting in Corps of Instructors

Notwithstanding the provision of this Part, a person to be enlisted in the Corps of Instructors may be enlisted and discharged upon such terms and conditions as may be prescribed by the President.

MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

26.   Rules for reckoning service

In reckoning the service of any soldier of the Regular Force towards discharge or re-engagement or transfer to the Reserve Force, there shall be excluded therefrom—

      (a)   all periods during which he has been absent from his duty for any of the following causes—

      (vi)   imprisonment;

      (vii)   desertion;

      (viii)   absence without leave exceeding twenty-eight days; and

      (b)   any period ordered by a court-martial to be forfeited.

27.   Validity of attestation and enlistment

   (1) Where a person has made such declaration upon his attestation as may be prescribed and has thereafter received pay as a soldier of the Regular Force—

      (a)   the validity of his enlistment shall not be called in question on the ground of any error or omission in his attestation paper;

      (b)   after the expiration of a period of three months from the date on which he made the said declaration he shall be deemed to have been validly enlisted notwithstanding any non-compliance with the requirements of this Act or any regulation made as to enlistment or attestation or any other ground whatsoever (not being an error or omission in his attestation paper) and he shall be deemed to be a soldier of that Force until his discharge.

   (2) Where a person has received pay as a soldier of the Regular Force without having previously made such declaration as aforesaid then—

      (a)   he shall be deemed to be a soldier of that Force until discharged;

      (b)   he may claim his discharge at any time and, if he makes such claim, the claim shall be submitted as soon as may be to the competent military authority who shall, if the claim is well founded, cause him to be discharged with all convenient speed.

   (3) Nothing in the foregoing provisions of this section shall be construed as prejudicing the determination of any question as to the term for which a person was enlisted or as preventing the discharge of a person who has not claimed his discharge.

28.   False answers in attestation papers

   (1) If a person appearing before a recruiting officer for the purpose of being enlisted in the Regular Force knowingly makes a false answer to any question contained in the attestation paper and put to him by or by the direction of the recruiting officer, he shall commit an offence against this section and shall be liable on conviction to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a term not exceeding three months, or to both.

   (2) For the avoidance of doubt it is hereby declared that a person may be proceeded against under this section notwithstanding that he has since become subject to military law under this Act.

[S 28 am by Act 13 of 1994.]

PART V
DISCIPLINE AND TRIAL AND PUNISHMENT OF MILITARY OFFENCES

TREACHERY, COWARDICE AND OFFENCES ARISING OUT OF MILITARY SERVICE

29.   Aiding the enemy

   (1) Any person subject to military law under this Act who, with intent to assist the enemy—

      (a)   abandons or delivers up any place or post which it is his duty to defend, or induces any person to abandon or deliver up any place or post which it is that person’s duty to defend; or

      (b)   does any act calculated to imperil the success of operations of the Defence Force, or of any forces co-operating therewith or any part of any of those forces; or

      (c)   having been made a prisoner of war, serves with or aids the enemy in the prosecution of hostilities or of measures calculated to influence morale, or in any other manner whatsoever not authorised by international usage; or

      (d)   furnishes the enemy with arms or ammunition or with supplies of any description or with anything likely to assist him (whether similar to any of the things aforesaid or not); or

      (e)   harbours or protects an enemy not being a prisoner of war; or

      (f)   gives any false air signal or alters or interferes with any air signal or any apparatus for giving an air signal; or

      (g)   when ordered by a superior officer, or otherwise under orders, to carry out any warlike operation in the air fails to use his utmost exertions to carry such orders into effect; or

      (h)   causes the capture or destruction by the enemy of any aircraft belonging to the Defence Force;

shall, on conviction by court-martial, be liable to suffer death or any other punishment provided by this Act.

   (2) Any person subject to military law under this Act who, knowingly and without lawful excuse, does any of the acts specified in paragraphs (a) to (g) of sub-section (1) shall, where it is not proved that he acted with intent to assist the enemy, be liable on conviction by court-martial to imprisonment or any less punishment provided by this Act.

   (3) Any person subject to military law under this Act who negligently causes the capture or destruction by the enemy of any aircraft belonging to the Defence Force, or any forces co- operating therewith shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.

30.   Communication with the enemy

   (1) Any person subject to military law under this Act who, with intent to assist the enemy, communicates with or gives intelligence to the enemy shall, on conviction by court-martial, be liable to suffer death or any punishment provided by this Act.

   (2) Any person subject to military law under this Act who, without authority, communicates with or gives intelligence to the enemy shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.

   (3) In this section, “intelligence” means information which is or purports to be information as to any matter such that information about it would or might be directly or indirectly useful to an enemy, and in particular (but without prejudice to the generality of the foregoing provisions of this sub-section) information as to any matter falling within the following paragraphs, being a matter such that information as to it would or might be useful as aforesaid, that is to say—

      (a)   the number, description, armament, equipment, disposition, movement or condition of the Defence Force or of any forces co-operating therewith, or any aircraft of the Defence Force or aircraft of any such co-operating forces;

      (b)   any operations or projected operations of any of such forces, or aircraft as aforesaid;

      (c)   any code, cypher, call-sign, password or countersign;

      (d)   any measures for the defence or fortification of any place;

      (e)   the number, description or location of any prisoners of war;

      (f)   munitions of war.

31.   Cowardly behaviour

   (1) Any person subject to military law under this Act who, when before the enemy—

      (a)   leaves his post, position or other place where it is his duty to be; or

      (b)   throws away his arms, ammunition or tools; or

      (c)   does any of the acts specified in paragraphs (f) to (h) of sub-section (1) of section 29;

in such a manner as to show cowardice, or otherwise behaves in such a manner as to show cowardice, shall be guilty of an offence against this section.

   (2) Any person subject to military law under this Act who, when before the enemy, induces other persons subject to service law and before the enemy to commit an offence under sub-section (1) shall be guilty of an offence against this section.

   (3) Any person guilty of an offence against this section shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.

32.   Offences against morale

Any person subject to military law under this Act who—

      (a)   spreads (whether orally, in writing, by signal, or otherwise) reports relating to operations of the Defence Force or of any forces co-operating therewith, or of any part of those forces, being reports calculated to create despondency or unnecessary alarm; or

      (b)   when before the enemy, uses words calculated to spread despondency or unnecessary alarm;

shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.

33.   Becoming prisoner of war through disobedience or wilful neglect and failing to rejoin Force

   (1) Any person subject to military law under this Act who, through disobedience to orders or wilful neglect of his duty, is captured by the enemy shall be guilty of an offence against this section.

   (2) Any person subject to military law under this Act who, having been captured by the enemy, fails to take, or prevents or discourages any other person subject to service law captured by the enemy from taking, reasonable steps to rejoin the Defence Force which are available to him or, as the case may be, to that other person shall be guilty of an offence against this section.

   (3) Any person guilty of an offence against this section shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.

[S 33 am by SI 8 of 1964.]

34.   Offences by or in relation to sentries, etc.

   (1) Any person subject to military law under this Act who, while on guard duty—

      (a)   sleeps at his post; or

      (b)   when not on duty at his post, is asleep at a time when he is not allowed to be asleep; or

      (c)   is drunk; or

      (d)   leaves his post without having been regularly relieved, or otherwise absents himself from any place where it is his duty to be;

shall be guilty of an offence against this section.

   (2) For the purposes of this section, a person shall be treated as being drunk if, owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty.

   (3) Any person subject to military law under this Act who strikes or otherwise uses force against any person on guard duty, being a member of the Defence Force or of any forces co-operating with that Force, or who by the threat of force compels any such person to let him or any other person pass, shall be guilty of an offence against this section.

   (4) Any person guilty of an offence against this section shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act:

Provided that if the offence is not committed on active service he shall not be liable to imprisonment for more than two years.

   (5) References in this section to a person on guard duty are references to a person who—

      (a)   is posted or ordered to patrol; or

      (b)   is a member of a guard or other party mounted or ordered to patrol;

for the purpose of protecting any persons, property, premises or place.

   (6) The foregoing provisions of this section shall apply in relation to persons posted or ordered to patrol, or members of a party mounted or ordered to patrol, for the purposes of preventing or controlling access to or egress from any premises, property or place, or regulating traffic by road, by rail or on any inland navigation, as they apply to persons on guard duty.

[S 34 am by SI 8 of 1964.]

35.   Looting

Any person subject to military law under this Act who—

      (a)   steals from or with intent to steal searches the person of anyone killed or wounded in the course of warlike operations; or

      (b)   steals any property which has been left exposed or unprotected in consequence of warlike operations; or

      (c)   takes otherwise than for the public service any vehicle, equipment or stores abandoned by the enemy;

shall be guilty of looting and liable, on conviction by court-martial, to imprisonment or any less punishment provided by this Act.

MUTINY AND INSUBORDINATION

36.   Mutiny

   (1) Any person subject to military law under this Act who—

      (a)   takes part in a mutiny involving the use of violence or the threat of the use of violence, or having as its object or one of its objects the refusal or avoidance of any duty or service against, or in connection with operations against the enemy, or the impeding of the performance of any such duty or service; or

      (b)   incites any person subject to service law to take part in such a mutiny, whether actual or intended;

shall, on conviction by court-martial, be liable to suffer death or any other punishment provided by this Act.

   (2) Any person subject to military law under this Act who, in a case not falling within sub-section (1), takes part in a mutiny, or incites any person subject to service law to take part in a mutiny whether actual or intended, shall, on conviction by court-martial, be liable to imprisonment or any less punishment provided by this Act.

   (3) In this Act, “mutiny” means a combination between two or more persons subject to service law, or between persons two at least of whom are subject to service law—

      (a)   to overthrow or resist lawful authority in the Defence Force or any forces co-operating therewith or in any part of any of the said forces; or

      (b)   to disobey such authority in such circumstances as to make the disobedience subversive of discipline, or with the object of avoiding any duty or service against, or in connection with operations against, the enemy; or

      (c)   to impede the performance of any duty or service in the Defence Force or in any forces co-operating therewith or in any part of any of the said forces.

37.   Failure to suppress mutiny

Any person subject to military law under this Act who, knowing that a mutiny is taking place or is intended—

      (a)   fails to use his utmost endeavours to suppress or prevent it; or

      (b)   fails to report without delay that the mutiny is taking place or is intended;

shall, on conviction by court-martial—

      (i)   if his offence was committed with intent to assist the enemy, be liable to suffer death or any other punishment provided by this Act;

      (ii)   in any other case, be liable to imprisonment or any less punishment provided by this Act.

38.   Insubordinate behaviour

   (1) Any person subject to military law under this Act who—

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