CHAPTER107
ZAMBIA POLICE ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
COMPOSITION AND ADMINISTRATION

   3.   Inspector-General to have entire command

   4.   Composition of the Force

   5.   Functions of the Force

   6.   Administration of the Force

PART III
ATTESTATION, SERVICE AND DISCHARGE

   7.   Attestation

   8.   Declaration on joining the Force

   9.   Prolongation of service in case of war

   10.   Termination of appointment of certain police officers

   11.   Release on completion of service

   12.   Arms and accoutrements to be delivered up on ceasing to belong to the Force

PART IV
POWERS, DUTIES AND PRIVILEGES OF POLICE OFFICERS

   13.   Police officers not to engage in other employment

   14.   General powers and duties of police officers

   15.   Search by police officers

   16.   Right of entry in case of fire

   17.   Power to take photographs, measurements, fingerprints, etc.

   18.   Power to lay information

   18A.   Designation of Custody Officer

   18B.   Duties of Custody Officer

   19.   No fee to be chargeable on bail bonds

   20.   Power to inspect licenses

   21.   Duty of the Force to keep order on public roads

   22.   Traffic barriers and cordons

   23.   Non-liability for act done under authority of a warrant

   24.   Power to use firearms

   25.   Power to seize weapons

PART V
OFFENCES BY POLICE OFFICERS TRIABLE BY CRIMINAL COURTS

   26.   Offences by police officers triable by criminal Courts

   27.   Apprehension of deserters

   28.   Membership of trade union forbidden

PART VI
DISCIPLINE

   29.   Methods of dealing with disciplinary matters

   30.   Offences against discipline by officers below the rank of Assistant Superintendent

   31.   Tribunals for the trial of disciplinary offences and their powers of punishment

   32.   Police Advisory Board

   33.   Powers of officer holding inquiry

   34.   Suspended punishment

   35.   Fines to be recovered by stoppage of pay

   36.   Loss or damage to arms and accoutrements to be made good by stoppage of pay

   37.   Pay not to accrue during absence without leave, imprisonment or detention

   38.   Interdiction of police officers below rank of Assistant Superintendent

   39.   Power of arrest and remand for offences

   40.   Confinement of police officer arrested or sentenced

   41.   Dismissal and reduction in rank of police officer sentenced to imprisonment

PART VII
DISPOSAL OF UNCLAIMED PROPERTY

   42.   Inventory or description of unclaimed property to be sent to subordinate court

   43.   Disposal of property which is neither money nor property subject to decay

   44.   Disposal of property subject to decay

   45.   Unclaimed money

   45A.   Establishment of vehicle parking lot

PART VIII
EMPLOYMENT OF POLICE OFFICERS ON SPECIAL DUTY AND THEMAINTENANCE OF ORDER IN DISTURBED AREAS

   46.   Employment of police officers on special duty at expense of private persons

   47.   Arrangements with other countries

PART IX
COMMUNITY CRIME PREVENTION

   48.   Establishment of community crime prevention methods

   49.   Assignment of police officer to an association

   50.   Provisions of equipment by police to association

   51.   Power of arrest by association member

   52.   Compensation

   53.   Establishment of Victim Support Unit

   54.   Repealed

   55.   Repealed

   56.   Repealed

PART X
PENSIONS AND GRATUITIES

   57.   Pensions and gratuities

PART XA
POLICE PUBLIC COMPLAINTS AUTHORITY

   57A.   Interpretation

   57B.   Complaints Authority

   57C.   Complaints Authority Composition

   57D.   Appointment of Secretary

   57E.   Immunity of members

   57F.   Allowances

   57G.   Functions of Authority

   57H.   Powers of Authority

   57I.   Lodging of Complaint

   57J.   Receipt of complaint by principal officer

   57K.   Complaints received by Inspector-General or Officer-In-Charge

   57L.   Proceedings of Authority

   57M.   Committees

   57N.   Disclosure of interest by member

   57O.   prohibition of disclosure of information

   57P.   Register of complaints

   57Q.   Authority to submit report to Minister

   57R.   Publication of quarterly report

   57S.   Offences

   57T.   Regulations

PART XI
GENERAL OFFENCES

   58.   Power to prosecute under other law not affected

   59.   Unlawful possession of articles supplied to police officers

   59A.   Sending of offensive message on police radio and telecommunications

   59B.   Transfer or loss of radio or telecommunications device

   60.   Disorderly conduct in police station, etc.

   61.   Persons causing disaffection, etc.

PART XII
MISCELLANEOUS

   62.   Regulations

   63.   Power to exempt police canteens, etc.

   64.   Repeal and savings

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to provide for the organisation, functions and discipline of the Zambia Police Force and of special constables and for matters incidental thereto.

[4th March, 1966]

Act 43 of 1965,

Act 40 of 1974,

Act 23 of1985,

Act 13 of 1994,

Act 14 of 1999,

Act 15 of 2008.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Zambia Police Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“Assistant Commissioner” includes a Senior Assistant Commissioner;

“discharge” means the removal, after due notice, from office of a police officer;

“dismiss” means the removal, without due notice, from office of a police officer;

“divisional commander of police” means a superior police officer appointed by the Inspector-General to be in charge of a police division, or, if no such officer has been appointed in relation to any police division, the Inspector-General;

“due notice” means the notice of retirement, resignation, discharge or dismissal, as the case may be, that a police officer is required to give or to be given in accordance with the conditions of service applicable to him;

“Hertzian waves” has the meaning assigned to it under the Radio communications Act;

[Ins by s 2 of Act 14 of 1999.]

“Inspector” includes a Chief Inspector, a Senior Inspector and an Sub-Inspector;

“Inspector-General” means the Inspector-General of Police;

“officer in charge of police” means the police officer appointed by the Inspector-General to be in charge of the police stationed in any place;

“pay” means the salary of a police officer in his substantive rank, but does not include any allowances which have not been specifically stated to be pensionable;

“police officer” means any member of the Force;

“police radio device” means any apparatus used by the police or belonging to the police for the transmission and reception of sound, graphic images or impulses wholly or partially by Hertzian waves;

[Ins by s 2 of Act 14 of 1999.]

“police station” means any place appointed by the Inspector-General to be a police station and includes any local area policed from such station;

“police telecommunication device” means apparatus or facilities belonging to the police or used by the police for transmission and reception of—

      (a)   speech, music or other sounds;

      (b)   visual images;

      (c)   electronic or other data;

      (d)   signals capable of being interpreted as or converted to sounds, images or data; or

      (e)   signals for actuation or control of machinery or apparatus:

whose principal utilises electrical, magnetic, electromagnetic or electrolchemical energy or any combination of them;

[Ins by s 2 of Act 14 of 1999.]

“postal article” means every article collected for conveyance by post and includes telegram and any bag, box, basket, parcel, hamper or other container or covering in which a postal article is conveyed;

[Ins by s 2 of Act 14 of 1999.]

“public place” includes—

      (a)   any highway, market place, square, road, street, bridge or other way which is lawfully used by the public;

      (b)   any place, other than a building, to which the public are for the time being entitled or permitted to have access either without any condition or upon condition of making any payment;

“superior police officer” means any police officer of or above the rank of Assistant Superintendent;

“telecommunication” has the meaning assigned to it under the Telecommunications Act;

[Ins by s 2 of Act 14 of 1999.]

“telecommunications apparatus” has the meaning assigned to it under the Telecommunications Act;

[Ins by s 2 of Act 14 of 1999.]

“the Force” means the Zambia Police Force established by law;

“Tribunal” means a police officer empowered under this Act to try offenders under section 30;

“vehicle” means any mechanically propelled machine intended for use, or capable of being used, on roads and includes a bicycle and tricycle.

[Ins by s 2 of Act 14 of 1999.]

[S 2 am by Act 40 of 1974.]

PART II
COMPOSITION AND ADMINISTRATION

3.   Inspector-General to have entire command

   (1) The Inspector-General shall, subject to the orders and directions of the President, have the command, superintendence, direction and control of the Force.

   (2) The Inspector-General may, subject to the general instructions of the Minister and to the provisions of this Act and any regulations made thereunder, from time to time make standing orders for the general government of police officers in relation to their training, arms and accoutrement, clothing and equipment, places of residence, classification and duties, as well as to their distribution and inspection, and such other orders and instructions as he may deem expedient for preventing neglect and for promoting efficiency and discipline of police officers in the discharge of their duties.

   (3) Save where a contrary intention appears, the Inspector-General may delegate any of the powers vested in him by this Act or any regulations, rules, orders or notices made thereunder or, by any other written law, to a police officer not below the rank of Assistant-Commissioner.

[S 3 am by Act 40 of 1974.]

4.   Composition of the Force

   (1) The Force shall consist of such numbers of the ranks set out in the First Schedule as the President may direct.

   (2) Police officers shall rank for seniority in the order shown in the said Schedule.

   (3) Where a police officer, other than a superior police officer, has been appointed to the Criminal Investigation Department or Special Branch, the word “Detective” shall precede the title of the rank held but the rank and seniority of such officer shall be the same as if he had not been so appointed.

   (4) The President may, by statutory instrument, amend the First Schedule.

5.   Functions of the Force

The Force shall be employed in and throughout Zambia for preserving the peace, for the prevention and detection of crime, and for the apprehension of offenders against the peace and, for the performance of such duties, may carry arms.

6.   Administration of the Force

   (1) The administration of the Force throughout Zambia shall be vested in the Inspector.

   (2) The control of the police in any place shall be vested in such police officer as may be appointed by the Inspector-General under this section to be in charge thereof.

   (3) An officer in charge of police shall carry out the orders of the Inspector-General in all matters connected with the discipline, internal administration and training of the police officers in his charge.

   (4) A police officer of or below the rank of Sub-Inspector shall not be appointed an officer in charge of police.

[S 6 am by Act 40 of 1974.]

PART III
ATTESTATION, SERVICE AND DISCHARGE

7.   Attestation

A police officer shall on his joining the Force be attested to serve in the Force for such period and on such conditions as may be prescribed.

8.   Declaration on joining the Force

   (1) A person shall on joining the Force make and sign a declaration before a magistrate or superior police officer in such manner as he may declare to be most binding on his conscience in Form 1 of the Second Schedule.

   (2) A person on joining the Force shall, before making the declaration required by sub-section (1), answer truly any question which may be put to him as to his previous service in any military, naval or air force or any other police force, and as to whether he has at any time been convicted in Zambia or elsewhere of a felony or misdemeanour.

   (3) Any person who wilfully makes a false statement in reply to a question put to him under sub-section (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred penalty units or to imprisonment for a period not exceeding one month.

[S 8 am by Act 13 of 1994.]

9.   Prolongation of service in case of war

Any police officer whose period of service expires during, or who would but for the provisions of this section resign during, any state of war, insurrection or hostilities may be retained and his service prolonged for such further period as the Minister may direct.

10.   Termination of appointment of certain police officers

The appointment of any police officer appointed by the Inspector-General may, within six months of his making and signing the declaration required by section eight be terminated by fourteen days’ notice on either side or payment of fourteen days’ salary in-lieu of notice.

[S 10 am by Act 40 of 1974.]

11.   Release on completion of service

   (1) Subject to the provisions of this Act, every police officer who has completed his period of service shall be released from service by the officer in charge of police at the place where he is stationed, unless at the date of completion of his service he stands charged with the commission of any offence against discipline under section 30, in which case his service shall be prolonged and his release from service deferred until he has undergone his trial and any punishment which may be imposed in respect of the offence charged.

   (2) Every such police officer shall, until he has received a certificate of service, remain subject to the provisions of this Act.

12.   Arms and accoutrements to be delivered up on ceasing to belong to the Force

   (1) When a person ceases to be a member of the Force, he shall forthwith deliver up to the person appointed by the Inspector-General for that purpose, or to the officer in charge of police at the place at which he was last stationed, all arms, ammunition, accoutrements, uniform and other appointments which have been supplied to him and which are the property of the Government.

   (2) Any person who, having ceased to be a member of the Force, fails to deliver up any arms, ammunition, accoutrements, uniform or other appointments in his possession as required by this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding four hundred penalty units or to imprisonment for three months, or to both, and the Court which convicted him may issue a warrant to search for and seize all such arms, ammunition, accoutrements, uniform and other appointments not so delivered up.

[S 12 am by Act 40 of 1974, 13 of 1994.]

PART IV
POWERS, DUTIES AND PRIVILEGES OF POLICE OFFICERS

13.   Police officers not to engage in other employment

No police officer shall, without the consent of the Minister, engage in any employment or office whatsoever, other than in accordance with his duties under this Act.

14.   General powers and duties of police officers

   (1) Every police officer shall exercise such powers and perform such duties as are by law conferred or imposed upon a police officer, and shall obey all lawful directions in respect of the execution of his office, which he may from time to time receive from police officers superior in rank to him.

   (2) Every police officer shall be deemed to be on duty at all times and may at any time be detailed for duty in any part of Zambia.

   (3) It shall be the duty of every police officer promptly to obey and execute all orders and warrants lawfully issued to him by any competent authority, to collect and communicate intelligence affecting the public peace, to prevent the commission of offences and public nuisances, to detect and bring offenders to justice, and to apprehend all persons whom he is legally authorised to apprehend and for whose apprehension sufficient grounds exist.

   (4) It shall be lawful for any police officer, in the interests of public order or public morality, without a warrant to enter at any hour of the day or night any place in which he has reasonable grounds to suspect that illegal drinking or gambling is taking place or dissolute or disorderly characters are resorting.

   (5) The provisions of this Act shall be in addition to and not in substitution for or in derogation of any of the powers, authorities, privileges and advantages nor in substitution for or in derogation of the duties and responsibilities of a constable at common law.

15.   Search by police officers

   (1) Whenever a police officer, of or above the rank of Inspector, has reasonable grounds for believing that anything necessary for the purpose of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, that police officer may, after recording in writing the grounds of his belief and specifying therein so far as possible, the thing for which search is to be made, search or cause search to be made for such thing in any place within the limits of such station.

[S 15(1) am by s 3 of Act 14 of 1999.]

   (2) A police officer proceeding under sub-section (1) shall, if practicable, conduct the search in person.

   (3) If a police officer proceeding under sub-section (1) is unable to conduct the search in person and there is no other person competent to make the search present at that time, he may, after recording in writing his reasons for so doing, require any police officer subordinate to him to make the search, and he shall deliver to that police officer an order in writing specifying the place to be searched and so far as possible the thing for which search is to be made, and that police officer may thereupon search for the thing in the place so specified in the order.

   (4) The provisions of the Criminal Procedure Code relating to search warrants shall, so far as may be, apply to a search made under this section.

   (5) Copies of any record made under sub-section (1) or (3) shall forthwith be sent to the nearest magistrate empowered to take cognizance of the offence and the owner or occupier of the place searched shall on application be furnished with a copy of the same by the magistrate.

   (6) The occupant of the place searched, or some other person on his behalf, shall in every instance be permitted to attend during the search.

   (7) Any police officer conducting a search of any private premises under the provisions of this section shall produce his police identity card to any person in or about the premises who may wish to confirm the authority of the police officer, and any officer required to make a search of private premises under the provisions of sub-section (3) shall in addition carry with him upon such search the order in writing mentioned in the said sub-section.

   (8) A police officer who finds the thing for which search is made shall seize it and take it before the nearest magistrate empowered to take cognizance of the offence.

16.   Right of entry in case of fire

Any police officer may break into and enter upon any premises being or appearing to be on fire, or any premises or land adjoining or adjacent thereto, without the consent of any person, and may do all acts or things as may be deemed necessary for extinguishing the fire on any premises or land, or for protecting the same or other property, or rescuing any person or property thereon from fire.

17.   Power to take photographs, measurements, fingerprints, etc.

   (1) Any police officer of or above the rank of Sergeant may on the prescribed form take or cause to be taken in his presence, for the purpose of record and identification, the measurements, photographs, fingerprints, handprints and footprints of any person in lawful custody.

   (2) A police officer acting in accordance with sub-section (1) shall certify on the form prescribed that the fingerprints have been taken by him, or that he has caused them to be taken in his presence, in accordance with the directions contained on the form, and that the particulars entered on the form are, to the best of his knowledge and belief, accurate and true.

   (3) All records of the measurements, photographs, fingerprints, handprints, and footprints and any negatives and copies of such photographs, or of photographs of such fingerprints, handprints and footprints, taken of a person under this section shall be forthwith destroyed or handed over to that person, if he is not charged with an offence or is discharged or acquitted by a Court, and has not previously been convicted by a Court.

   (4) For the purposes of this section, “person in lawful custody” means any person in lawful custody otherwise than on account of non-payment of a civil debt or under an order, writ or judgment of a Court made or given in civil proceedings or under an order for detention made under any law authorising the detention in custody of witnesses.

18.   Power to lay information

It shall be lawful for any police officer to lay any information before a magistrate and to apply for a summons, warrant, search warrant, or such other legal process as may by law issue against any person.

18A.   Designation of Custody Officer

   (1) The officer-in-charge of a police station or post or any other officer authorised by the Inspector-General shall desigante a number of police officers from among the police officers serving at the police station or post as custody officers for the purposes of this Act.

   (2) The officer-in-charge of a police station or post shall ensure that there is, in attendance at the station or post at least one male and one female Custody Officer.

[S 18A ins by s 4 of Act 14 of 1999.]

18B.   Duties of Custody Officer

   (1) The duties of a custody officer shall be to ensure that—

      (a)   a person in police custody is treated in decent and humane way;

      (b)   a person in police custody who requires medical attention has access to medical facilities;

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