ZAMBIA NATIONAL SERVICE ACT

Arrangements of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT OF THE ZAMBIA NATIONAL SERVICE

   3.   Establishment of the Service

PART III
MEMBERS, SERVICEMEN, REGISTRATION, ENLISTMENT, ETC.

   4.   Membership of the Service

   5.   Servicemen

   6.   Appointments to permanent staff

   7.   Liability to be called up for the Service

   8.   Appointment of Registrar of Service

   9.   Rules relating to registration

   10.   Registration

   11.   Obligation of persons liable to report and service of enlistment notice

PART IV
POSTPONEMENT CERTIFICATE, NATIONAL SERVICE HARDSHIP COMMITTEE AND EXEMPTION

   12.   Postponement certificate

   13.   Appeals from determination of National Service Hardship Committee

   14.   Revocation of postponement certificate

   15.   Provisions as to National Service Hardship Committees

   16.   Exemption from liability

PART V
SECONDMENT TO THE SERVICE

   17.   Seconded members

   18.   Prolongation of engagement and secondment

   19.   Discharge

PART VI
UNITS, COMMANDANT AND RANKS OF THE SERVICE

   20.   Units of the Service

   21.   Appointment of Commandant

   22.   Powers of Commandant

   23.   Ranks and administration

PART VII
DUTIES AND EMPLOYMENT OF THE SERVICE

   24.   Duties of Servicemen

   25.   Employment of Servicemen in times of emergency

   26.   President may send Servicemen to friendly neighbouring States

PART VIII
EMPLOYER’S OBLIGATIONS

   27.   Prohibition of dismissal of employees by reason of liability for service

PART IX
DISCIPLINE

   28.   Method of dealing with disciplinary matters

   29.   Offences against discipline by Servicemen below the rank of Commandant

   30.   Procedure as to inquiries into disciplinary offences

   31.   Disposition of serious offences

   32.   Punishments

   33.   Appeals

   34.   Fines to be recovered by stoppage of allowance

   35.   Suspension of Serviceman

   36.   Servicemen subject to disciplinary code

   37.   Active participation in trade union forbidden

PART X
MISCELLANEOUS OFFENCES

   38.   Mutiny

   39.   Desertion

   40.   Absence from duty

   41.   Persons causing disaffection, etc.

   42.   Offences relating to arms, ammunition, accoutrements, etc.

   43.   Power to prosecute under other written law not affected

PART XI
ADVISORY COMMITTEE

   44.   Establishment of the Zambia National Service Advisory Committee

PART XII
FINANCE

   45.   Finance

   46.   Validation of acts done and contracts made before the establishment of the Service

   47.   Allowances

PART XIII
PENSIONS AND GRATUITIES

   48.   Pensions and gratuities

PART XIV
MISCELLANEOUS PROVISIONS

   49.   Member deemed to be a workman

   50.   Regulations, rules and orders

PART XV
DISSOLUTION OF ZAMBIA YOUTH SERVICE BOARD

   51.   Interpretation

   52.   Winding up of affairs of the Board

   53.   Vesting of land and personal property in, and transfer of contractual and other rights and liabilities to, the Government

   54.   Registration of property to be transferred by the Board

   55.   Completion of acts

   56.   Terms of service of employees of the Board transferred to the Service

   57.   Transitional provisions

   58.   Repeal

      FIRST SCHEDULE

      SECOND SCHEDULE

AN ACT

to make provision for the establishment, maintenance, government and discipline of the Zambia National Service; and to provide for matters incidental thereto or connected therewith.

[21st January, 1972]

Act 35 of 1971,

Act 13 of 1994.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Zambia National Service Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“appropriate authority” means the authority charged, in accordance with this Act, with responsibility for the matter in question:

Provided that the reference to appropriate authority in section 17 and, in so far as it relates to persons seconded to the Service, in sections 18 and 19, shall be construed as a reference to such appropriate authority aforesaid acting with the concurrence of such person having authority in or over that part of the civil or military service of the Republic from which such person is seconded as may be appointed by the President;

“appropriate tribunal” means a commanding officer or a board consisting of not less than two senior officers appointed by the Commandant;

“Assistant Commandant” means a senior Serviceman in charge of a Wing at the Headquarters of the Service;

“citizen” means a citizen of Zambia;

“city council”, “municipal council”, “district council” and “township council” have the meanings assigned thereto in section 2 of the Local Government Act;

“Commandant” means the Commandant of the Zambia National Service appointed under the provisions of section 21;

“commanding officer” means a senior officer of the Service designated as such by rules made under section 23;

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

“enlistment notice” means the enlistment notice provided for in section 11;

“local authority” means—

      (a)   a city council;

      (b)   a municipal council;

      (c)   a township council; or

      (d)   a district council:

“member”, in relation to the Service, includes a Serviceman enlisted or engaged under section 5 or 11, a person seconded to the Service in accordance with the provisions of section 17 and a person appointed to the permanent staff under section 6;

“national service register” means the register required to be kept by the Commandant under the provisions of section 8;

“postponement certificate” means a certificate which may be granted under the provisions of section 12;

“Registrar” means the person appointed under section 8 to keep the national service register;

“Regular Force” has the meaning assigned thereto in section 2 of the Defence Act;

“Service” means the Zambia National Service established under section 3;

“Serviceman” means a member of the Service enlisted or engaged under section 5 or 11 or appointed to the permanent staff under section 6.

PART II
ESTABLISHMENT OF THE ZAMBIA NATIONAL SERVICE

3.   Establishment of the Service

   (1) There shall be established and maintained a service to be known as the Zambia National Service (hereinafter called “the Service”).

   (2) The functions of the Service shall be the training of citizens to serve the Republic and the employment of its members in tasks of national importance and otherwise in the service and defence of the Republic.

   (3) The Service shall organise and run such leadership and other courses for citizens as the Minister may, by statutory instrument, prescribe. The Minister may, in such statutory instrument, prescribe—

      (a)   the duration of such courses;

      (b)   the person or class of persons liable to attend such courses; and

      (c)   matters incidental to or connected with such courses.

   (4) The supreme command of the Service shall vest in the President and he shall hold the office of Commander-in-Chief of the Service.

   (5) Subject to the provisions of this Act, the powers conferred on the President by sub-section

   (4) shall include—

      (a)   the power to determine the operational use of the Service;

      (b)   the power to appoint members and to dismiss them.

   (6) The President may, by direction in writing and subject to such conditions as he may think fit, delegate to the Minister, the Commandant or any other person any of the powers mentioned in sub-section (5).

PART III
MEMBERS, SERVICEMEN, REGISTRATION, ENLISTMENT, ETC.

4.   Membership of the Service

   (1) The Service shall consist of such number of members as may, from time to time, be determined by the President.

   (2) The members of the Service shall be—

      (a)   persons who enlist voluntarily under section 5;

      (b)   persons who are enlisted under section 11;

      (c)   persons who are appointed to the permanent staff under section 6; and

      (d)   persons in the civil or military service of the Republic who are seconded to the Service under section 17.

5.   Servicemen

   (1) The appropriate authority may enlist into the Service a male or female citizen who, at the time of his first enlistment, is between the ages of eighteen and thirty-five years (both ages inclusive).

   (2) Subject to the provisions of sub-section (3), every citizen, whether enlisted voluntarily under sub-section (1), or in consequence of an enlistment notice under section 11, shall be enlisted to serve in the Service for a period of two years.

   (3) A citizen who is a member of the class specified in the Second Schedule may—

      (a)   serve in the Service for a period of two years as provided in sub-section (2); or

      (b)   in the case of a person to whom the provisions of paragraph (b) or (c) of the Second Schedule apply, serve in the Service for a period of three months during any vacation period and a further period of one month immediately after he ceases to be a student and thereafter, in-lieu of serving in the Service, pay every month for a period of twenty months such proportion of his monthly total earnings as the Minister may by regulation prescribe; or

      (c)   serve in the Service for such period as the Minister may, by statutory instrument, prescribe and thereafter, in- lieu of service with the Service, pay every month for the period which falls short of his two year period of service such proportion of his monthly total earnings as the Minister may by regulation prescribe.

   (4) The Minister may, by statutory instrument, prescribe the proportion of monthly total earnings of a member of the class specified in the Second Schedule which is payable to the Service under paragraph (b) or (c) of sub-section (3).

   (5) After the completion of his engagement with the Service, under the provisions of sub-section (2) or paragraph (a), (b) or (c) of sub-section (3), a Serviceman shall form part of the Home Guard as defined in any written law relating to the Home Guard (hereinafter referred to as “the Home Guard”) and shall be liable to such duties as are provided in any written law applicable to a member of the Home Guard.

   (6) A member may, during the period of his service, be seconded to any person, with the consent of such person, for the purpose of undergoing a period of apprenticeship in any business, trade, profession or vocation and the Minister may, by statutory instrument, prescribe terms and conditions of such apprenticeship.

   (7) Every Serviceman shall, on first joining the Service, make the declaration set out in the First Schedule.

   (8) For the purpose of sub-section (6), a person includes the Government, a local authority or any company or association or body of persons, corporate or unincorporate.

6.   Appointments to permanent staff

   (1) Notwithstanding the provisions of section 5, appointments may be made to the permanent staff of the Service on terms other than those prescribed in the said section and a citizen appointed to the permanent staff shall, so long as he holds such appointment, be a Serviceman.

   (2) Subject to the provisions of this section, power to appoint persons to hold or to act in any office in the permanent staff of the Service (including power to confirm appointments), to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office shall vest in the President.

   (3) The President may, by directions in writing and subject to such conditions as he thinks fit, delegate any of his functions under sub-section (2) to any person.

7.   Liability to be called up for the Service

   (1) Subject to the provisions of this Act, every citizen, male or female, who has attained the age of eighteen years and has not attained an age above thirty-five years and is a member of the class specified in the Second Schedule shall be liable to have his name entered in the national service register and to be called upon to serve in the Service in accordance with the provisions of this Act.

   (2) The Minister may, by statutory instrument, add to, amend, vary or replace the Second Schedule.

   (3) Notwithstanding the provisions of sub-section (1), a citizen who is a member of the class specified in the Second Schedule shall not be liable to be called upon to serve in the Service so long as he is a student engaged in studies:

Provided that, for the purpose of this section, a student shall be deemed to be not engaged in studies during any vacation period and he may be called up for service during any such vacation period.

   (4) For the purpose of this section and the Second Schedule, a student means a full-time student.

8.   Appointment of Registrar of Service

The Commandant shall be Registrar and he shall keep a register of persons who are liable under this Act to be called up for national service (in this Act referred to as “the national service register”) and shall perform such other duties in connection with the said register and the enlistment of members of the Service as may be prescribed in this Act.

9.   Rules relating to registration

   (1) The Minister may, by statutory instrument, make rules in relation to the following matters:

      (a)   requiring the persons in charge of secondary schools or other educational or professional institutions to furnish to the Registrar particulars about students attending such schools or institutions who may be liable under this Act to be called up for the Service; and

      (b)   requiring persons whose names have been entered on the national service register to furnish to the Registrar such particulars as may be prescribed.

   (2) Rules made under sub-section (1) may make different provision in relation to different classes of persons subject to registration, and may exclude provision for any class of persons subject to registration with respect to which the Minister is satisfied that sufficient particulars can be ascertained otherwise than by virtue of such rules.

10.   Registration

   (1) It shall be the duty of the Registrar to ensure that the names and particulars of persons liable under this Act to be called up for the Service received by him are entered in the national service register.

   (2) The Registrar shall from time to time make any necessary alteration to any entry therein and shall remove from the said register the name of every person who dies before being called up for the Service or who ceases to be liable to be called up for the Service.

   (3) If at any time before being called up for the Service a person whose name is entered in the national service register changes his name or address, he shall forthwith notify the change to the Registrar and, if he fails to do so, he shall be guilty of an offence and on conviction liable to a fine not exceeding three hundred and fifty penalty units

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