PROHIBITION OF ANTI-PERSONNEL MINES ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Meaning of “officer”

   4.   Application

PART II
THE ZAMBIA ANTI-PERSONNEL MINES ACTION CENTRE

   5.   Establishment of Centre

   6.   Constitution of Committee

   7.   Functions of Committee

   8.   Director and other public officers

PART III
PROHIBITION OF ANTI-PERSONNEL MINES

   9.   Prohibition of anti-personnel mines

   10.   Jurisdiction of courts

   11.   Exemptions to prohibitions

   12.   Transfer of anti-personnel mines

   13.   Conduct that is permitted

   14.   Restriction on the number of anti-personnel mines to be retained

   15.   Control over, possession and use of anti-personnel mines

   16.   Mine clearance activities by Zambian persons

   17.   Military activities

PART IV
DESTRUCTION AND CLEARANCE OF ANTI-PERSONNEL MINES

   18.   Surrender of anti-personnel mines and forfeiture to the State

PART V
FACT-FINDING MISSIONS

   19.   Fact-finding mission

   20.   Officers who may accompany member of fact-finding mission

   21.   Minister may issue directions

   22.   Identification certificate

   23.   Search warrants

   24.   Obligations of officer accompanying member of fact-finding mission

   25.   Obstruction of member of fact-finding mission

   26.   Privileges and immunities for fact-finding missions

   27.   Reimbursement of expenditure

   28.   Conditions imposed on member of fact-finding mission

PART VI
INFORMATION AND DOCUMENTS

   29.   Supply of information

   30.   Director may seek information

   31.   Failure to supply information an offence

   32.   False or misleading statements or documents

PART VII
INTERNATIONAL CO-OPERATION

   33.   International co-operation

PART VIII
POWERS OF DIRECTORS OF PUBLIC PROSECUTIONS

   34.   Consent of Director of Public Prosecutions

   35.   Power of Director of Public Prosecutions to obtain information

   36.   Bail where suspect or accused person is about to leave Zambia

   37.   Forfeiture in case of conviction

   38.   Offences by bodies corporate, etc.

PART IX
ENFORCEMENT AND GENERAL PROVISIONS

   39.   Power of inspection and entry

   40.   Right of search

   41.   Power to arrest

   42.   Obstruction of officer

   43.   Immunity of officer

   44.   Prosecution by officer

   45.   Regulations

AN ACT

to constitute the Zambia Anti-Personnel Mines Action Centre; to prohibit the use, stockpiling, production, development, acquisition and transfer of anti-personnel mines and ensure the destruction of the mines; to provide for fact-finding missions to Zambia; to provide for international co-operation; to implement the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, of 1997; and to provide for matters connected with and incidental to the foregoing.

[23rd July, 2004]

Act 16 of 2003.

PART I
PRELIMINARY

1.   Short title

This Act maybe cited as the Prohibition of Anti-Personnel Mines Act.

2.   Interpretation

In this Act unless the context otherwise requires—

“agent” means a person employed on behalf of the ministry responsible for foreign affairs or the Zambia Police Force to destroy anti-personnel mines or develop and conduct training in mine detection, mine clearance or mine destruction techniques;

“anti-handling device” means a device intended to protect a mine and which is part of, linked to, attached to or placed under the mine and which activates when an attempt is made to tamper with, or otherwise intentionally disturb, the mine;

“anti-personnel mine” means—

      (a)   a mine designed to be exploded by the presence, proximity or contact of a person and to incapacitate, injure or kill one or more persons; and

      (b)   for the purposes of this Act, a mine other than an antipersonnel mine shall be considered to be an anti-personnel mine if it is designed to be or can be detonated by—

      (i)   a trip-wire or break-wire;

      (ii)   a direct or indirect weight less than one hundred and fifty kilograms;

      (iii)   a sensitive fuse which can be unintentionally activated by the presence, proximity or contact of a person;

      (iv)   an anti-handling device which can be unintentionally activated by the presence, proximity or contact of a person; or

      (v)   any other mine or device which performs in a manner consistent with paragraph (a);

“armed forces” means —

      (a)   the Zambia Army;

      (b)   the Zambia Air Force;

      (c)   the Zambia National Service; and

      (d)   the Zambia Intelligence Service.

“authorised anti-personnel mine” means an anti-personnel mine authorised under section 11;

“Centre” means the Zambia Anti-Personnel Mines Action Centre established by section 5;

“Committee” means the Anti-Personnel Mines Committee constituted under section 6;

“component part” means any identifiable component of an anti-personnel mine that is designed or adapted to form part of an anti-personnel mine;

“Convention” means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction, of 18 September, 1997;

“customs officer” has the meaning assigned to it by the Customs and Excise Act;

“deal in” means any activity relating to marketing, importation, exportation, conveyance, transfer or manufacturing of antipersonnel mines, whether or not that activity is in exchange for currency or any other commodity or benefit;

“Director” means the person appointed as Director under section 8;

“export” means—

      (a)   the entering into an agreement by a person in Zambia to supply another person outside Zambia with an antipersonnel mine, whether or not in exchange for currency or any other commodity or benefit; and

      (b)   the transfer of an anti-personnel mine from Zambia to any place outside Zambia, or causing an anti-personnel mine to be so transferred, whether or not in exchange for currency or any other commodity or benefit;

“fact-finding mission” means a fact-finding mission under Article 8 of the Convention;

“import” means to bring an anti-personnel mine into any part of Zambia, whether or not in exchange for currency or any other commodity or benefit;

“information” means any record regardless of form or medium;

“manufacture” includes the design, development, production and assembly of anti-personnel mines;

“member” means a member of the Committee;

“mine” means ammunition designed to be placed under, on or near the ground or other surface area and to be exploded by the presence, proximity or contact of a person or a vehicle;

“officer” has the meaning assigned to it by section 3;

“person” means a natural or juristic person and includes a natural or juristic person of foreign nationality present or acting within the borders of Zambia;

“possess” means to have an anti-personnel mine under the control of a person or in an area under the control of a person;

“premises” means any land, building or structure and includes a vehicle, vessel, aircraft or any other means of conveyance;

“procure” means to obtain an anti-personnel mine through purchase, forfeiture, donation, cession, transfer or discovery;

“transfer” includes—

      (a)   the transfer of title to and control over an anti-personnel mine;

      (b)   the selling, hiring, letting, lending, borrowing, donating, giving, purchasing, receiving or parting with or gaining possession of an anti-personnel mine;

      (c)   the transit of anti-personnel mines into, out of, or through Zambia by any means but does not include the transfer of any area containing emplaced anti-personnel mines.

3.   Meaning of “officer”

   (1) For the purposes of this Act, “officer” means—

      (a)   a member of the Zambia Police Force;

      (b)   a member of the armed forces;

      (c)   a customs officer;

      (g)   a member of staff of the Centre designated as such; or

      (h)   any person appointed under sub-section (2).

   (2) The Minister may, on the advice of the Committee, by statutory order, appoint any person to—

      (a)   use, develop, produce, otherwise acquire, possess, retain or transfer an authorised anti-personnel mine for the purposes of developing, or training persons in, techniques or mine detection, mine clearance, mine deactivation, or mine destruction;

      (b)   seize, receive, or acquire an anti-personnel mine for the purposes of deactivating or destroying the mine;

      (c)   retain an anti-personnel mine pending the deactivation or destruction of the mine;

      (d)   transfer an anti-personnel mine for the purposes of deactivating or destroying the mine;

      (e)   deactivate or destroy an anti-personnel mine; or

      (f)   accompany or assist a member of a fact-finding mission.

4.   Application

This Act applies to—

      (a)   all Zambian citizens within and outside Zambia;

      (b)   all foreign persons living in Zambia and all foreign firms and companies operating in Zambia whether or not registered under the Companies Act;

      (c)   all bodies corporate registered in Zambia; and

      (d)   any member of an armed force including any person seconded to the armed forces whether or not such a person is a Zambian.

PART II
THE ZAMBIA ANTI-PERSONNEL MINES ACTION CENTRE

5.   Establishment of Centre

   (1) There is hereby established me Zambia Anti-Personnel Mines Action Centre which shall be responsible for all humanitarian demining programmes.

   (2) The Centre shall be a department in the Ministry responsible for foreign affairs and shall be under the control and supervision of the Minister responsible for foreign affairs.

   (3) The expenses of the Centre shall be charged upon and issued out of the general revenues of the Republic.

6.   Constitution of Committee

   (1) There is hereby constituted the Anti-Personnel Mines Committee which shall consist of the following part-time members appointed by the Minister—

      (a)   a representative of the Ministry responsible for foreign affairs, who shall be the Chairperson;

      (b)   a representative of the Ministry responsible for defence, who shall be the Vice-Chairperson;

      (c)   a representative of the Ministry responsible for home affairs;

      (d)   a representative of the Ministry responsible for finance;

      (e)   a representative of the Ministry responsible for health;

      (f)   a representative of the Ministry responsible for community development and social services;

      (g)   a representative of the Ministry responsible for lands;

      (h)   a representative of the Ministry responsible for tourism, environment and natural resources;

      (i)   a representative of the Ministry responsible for education;

      (j)   a representative of the Ministry responsible for labour;

      (k)   a representative of the Ministry responsible for information;

      (l)   a representative of the Office of the President;

      (m)   a representative of the Attorney-General; and

      (n)   the Director.

   (2) The following persons may be invited to attend meetings of the Committee but they shall have no vote—

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