CHAPTER 154
ZAMBIA NATIONAL BROADCASTING CORPORATION ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ZAMBIA NATIONAL BROADCASTING CORPORATION

   3.   Establishment of Corporation

   4.   Constitution of Board of Directors

   4A.   Repealed

   5.   Tenure of office and vacancy

   6.   Director to declare connection

   7.   Functions of Corporation

   8.   Powers of Corporation

   9.   Committees of Board

   10.   Proceedings of Board

   11.   Transaction of business of an urgent nature

   12.   Validity of Board’s decisions

   13.   Contracts and instruments

   14.   Seal of Board

   15.   Disclosure of interest

   16.   Immunity of members

   17.   Appointment of Director-General and other staff

PART III
FINANCIAL PROVISIONS

   18.   Establishment and operation of general fund

   19.   Establishment and operation of general reserve account

   20.   Charges to revenue account of Corporation and investment of money in sinking funds

   21.   Funds of Corporation

   22.   Accounts

   23.   Appointment of auditors

   24.   Annual report

PART IV
TELEVISION LEVY AND INSPECTORS

   25.   Television levy

   26.   Obligation of dealer

   27.   Inspectors

   28.   Powers of inspectors

   29.   Obstruction of inspectors

   30.   Restriction on use of name of Corporation

   31.   Regulations

      SCHEDULE

AN ACT

to provide for the establishment of the Zambia National Broadcasting Corporation; to define the functions and powers of the corporation; to provide generally for the control and regulation of broadcasting and diffusion services; and to provide for matters connected with or incidential to the foregoing.

[24th April, 1987]

Act 16 of 1987,

Act 13 of 1994,

Act 20 of 2002,

Act 16 of 2010.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Zambia National Broadcasting Corporation Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“accommodation establishment” has the meaning assigned to it in the Tourism and Hospitality Act, 2010;

[Ins by s 2(b) of Act 16 of 2010.]

[“appointments committee” rep by s 2(a) of Act 16 of 2010.]

“Board” means the Board of Directors of the Corporation established by section 4;

“broadcaster” means the Corporation;

[Subs by s 2(c) of Act 20 of 2002.]

“broadcasting service” means a radiocommunication service for reception by members of the general public and the word “broadcast” shall be construed accordingly;

“Corporation” means the Zambia National Broadcasting Corporation established by section 3;

“dealer” means—

      (a)   a person who carries on a trade, business or industry in which receivers are assembled, manufactured, imported, bought, sold, exchanged, or offered or exposed for sale or exchange; or

      (b)   an auctioneer of television receivers; and cognate expressions shall be construed by reference, inter alia, to transactions or operations such as are carried on by persons referred to in paragraph (a);

[Subs by s 2(d) of Act 20 of 2002.]

“diffusion service” means—

      (a)   the dissemination by means of wires, otherwise than within the precincts of a single private residence, of the whole or any part of a broadcasting service; or

      (b)   the dissemination of music or speech by means of wires connecting two or more loudspeakers which—

      (i)   are installed in a specific building or within the precincts of a specified building; or

      (ii)   are permanently fixed, otherwise than within a single specified building, in a motor vehicle, aircraft, ship or railway train, for purposes not ancillary or incidental to or connected with any exhibition, performance, including a performance by a circus, contest, game or sport, such as—

         A.   the running of any horse race; or like; or

         B.   the holding of any concert or the production of any play, opera, ballet, pageant; or

         C.   the showing of cinematograph film; or

         D.   the holding of any agricultural, horticultural, industrial or commercial show or any dance, cabaret, garden party, fete, fair, gymkhana or the like; and “diffuse” shall be construed accordingly;

“director” means a member of the Board and includes the Chairperson and the Vice-Chairperson;

"household" means a domestic social unit consisting of a family who live together as a unit;

[Ins by s 2(b) of Act 16 of 2010.]

“inspector” means an inspector of the Corporation appointed under section 26;

[Am by s 2(b) of Act 20 of 2002.]

“listener” means a person who has in his possession a receiver otherwise than as—

      (a)   a broadcaster; or

      (b)   a dealer; or

      (c)   an operator of a diffusion service; or

      (d)   a police officer or a member of the Defence Force acting in the course of his duty;

“radiocommunication service” means the transmission of writing, signs, signals, pictures and sounds of all descriptions whatsoever, wholly or partly by means of electromagnetic waves of frequences between ten kilohertz and three million megahertz;

“receiver” means an apparatus in respect of which no licence is required in terms of the Information and Communication Technologies Act, 2009, which is designed to be used for the reception of a broadcasting service;

[Am by s 2(c) of Act 16 of 2010.]

“specified building” means a building used for industrial purposes or such other purposes as the Minister may, by statutory notice, specify;

...

[“Telecommunications Corporation” rep by s 2(a) of Act 16 of 2010.]

"television tuner" means a device capable of allowing television signals to be received by an electronic device.

[Ins by s 2(b) of Act 16 of 2010.]

PART II
ZAMBIA NATIONAL BROADCASTING CORPORATION

3.   Establishment of Corporation

There is hereby established the Zambia National Broadcasting Corporation, which shall be a body corporate with perpetual succession and a common seal, capable of sueing and of being sued in its corporate name and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform and as are necessary for, or incidental to, the carrying out of its functions and powers as set out in this Act.

4.   Constitution of Board of Directors

   (1) There is hereby constituted the Zambia National Broadcasting Corporation Board which sall, subject to the provisions of this Act, perform the functions of the Corporation under this Act.

   (2) The Board shall consist of nine part-time directors appointed by the Minister, subject to ratification by the National Assembly.

[S 4(2) am by s 3 of Act 16 of 2010.]

   (3) A person shall not be qualified to be appointed to the Board unless the person is committed to fairness, freedom of expression, openness, and accountability and when viewed collectively the person appointed shall be represntative of a broad section of the population of the Republic.

   (4) The Chairperson and Vice-Chairperson shall be elected by the directors from amongest themselves.

[S 4(3) am by s 12 of Act 20 of 2002.]

   (5) A person shall not be appointed as a director if that person—

      (a)   is not a citizen of Zambia;

      (b)   is not permanently resident in Zambia;

      (c)   is a member of Parliament or local authority;

      (d)   is an office bearer or employee of any political party;

      (e)   is an immediate family member of a person referred to in paragraph (d);

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