CHAPTER 1 - CONSTITUTION OF ZAMBIA: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Honours and Awards for the Republic of Zambia

House of Chiefs Regulations

Proclamation No. 1 of 2003

PROROGATION OF PARLIAMENT

SUMMONING OF PARLIAMENT

HONOURS AND AWARDS FOR THE REPUBLIC OF ZAMBIA

SI 54 of 1997.

WHEREAS by Proclamation No. 6 of 1965 certain Honours and Decorations were instituted and created for the Republic:

AND WHEREAS I am satisfied that it is necessary and desirable to revise certain provisions contained in that proclamation that–

NOW THEREFORE, I FREDRICK JACOB TITUS CHILUBA, President of the Republic of Zambia, do hereby declare and proclaim that–

      (a)    the description of the insignia of the Order of the Grand Companion of Freedom is amended by the deletion of that description and the substitution therefore of the description of the Order of the Grand Companion of Freedom as set out in the Schedule to this Proclamation;

      (b)    the description of the insignia of the Order of Distinguished Service is amended by the deletion of that description and the substitution therefore of the description of the Order of Distinguished Service as set out in the Schedule to this Proclamation;

      (c)   there is hereby instituted and created the honours to be known as–

      (i)   “The President’s Insignia of Honour”;

      (ii)   “The President’s Insignia of Mercy”;

      (iii)   “The President’s Insignia of Meritorious Achievement”;

      (iv)   “The President’s Insignia of Recognition”;

      (v)   “The National Award for Excellence in Science and Technology”;

      (vi)   “Certificate of Achievement”;

      (vii)   "Certificate of Recognition”; and

      (d)   Proclamation No. 6 of 1965 contained in Statutory Instrument No. 347 of 1965 is

Accordingly amended as set out in the Schedule to this Proclamation.

SCHEDULE

1.   Honour No. 4 is amended under the heading The Fourth Divisionby the deletion of the description of the Insignia of the Order of the Grand Companion of Freedom and the substitution therefore of the following:

The insignia of the First Division of the Order of the Grand Companion of Freedom shall be a four-pointed sun-burst in gilt worn at the left breast, and at its centre in gilt shall be the Zambian Coast of Arms surrounded by a ring of scarlet enamel bearing in white enamel the words “Grand Companion of Freedom”, all supported by a spray of laurel leaves. An emerald gemstone shall be embedded to the left and to the right of the Zambian Coat of Arms. Over the right shoulder and joined at the left hip shall be a riband four inches in width, of scarlet with a strip of black one inch in width running longitudinally.

The riband shall be joined at the hip by the Badge of the Order. The Second Division insignia shall be as for the First Division, but in silver gilt embedded with one emerald below the Coat of Arms, three inches in diameter and suspended by a clasp of the Eagle of Zambia from the Riband of the Order which shall be two inches wide and worn around the neck. At the left breast shall be worn the Badge of the Order in silver gilt.

The Third Division insignia shall be as for the Second Division except that the Badge of the Order shall be in bronze and the Badge shall not be worn at the left breast. The Fourth Division insignia shall be a Riband of the Order two inches in width suspended from which shall be the Badge of the Order in bronze two inches in diameter and worn at the left breast.

2.   Honour No. 5 is amended under the heading the Fourth Division by the deletion of the description of the insignia of the Companion Order of Freedom and the substitution therefore of the following:

The insignia of the First Division shall be a four-pointed sun-burst in gilt with eagles in the four diagonals corners, at the centre of which shall be the Zambian Coat of Arms surrounded by a scroll in which shall be enamelled in black the words “Companion Order of Freedom” with an aquamarine gemstone embedded immediately before the word “Companion”, and immediately after the word “Freedom” all supported by a scarlet enamelled background, and shall be worn at the left breast. Worn from the right shoulder and joined at the left hip by the Badge of the Order shall be a riband of watered silk four inches in width of scarlet with two black stripes half an inch wide running longitudinally half an inch from each edge.

The Second Division insignia shall be the Badge of the Order, three inches in diameter in silver gilt and embedded with one aquamarine gemstone in its circumference at the bottom, suspended from the Riband of the Order, two inches wide and worn about the neck. At the left breast in silver gilt shall be the Badge of the Order. The third Division insignia shall be as for the Second Division but the Badge shall be of bronze and the Badge shall not be worn at the left breast. The Fourth Division insignia shall be the Riband of the Order, two inches wide, suspended from which shall be the Badge of the Order in bronze, two inches in diameter and worn at the left breast.

3.   Honour No. 6 is amended under the heading The Fourth Division by the deletion of the description of the insignia of the Order of Distinguished Service and the substitution therefore of the following:

The insignia of the First Division shall be an eight-pointed star five inches in diameter of gilt at centre of which shall be the Zambian Coat of Arms around which shall be an enamelled ring in orange bearing the words “Distinguished Service: Republic of Zambia”, in black enamel, embedded with a tourmaline gemstone immediately before the word “Republic” and immediately after the word “Zambia” and shall be worn at the left breast. A riband of watered silk and four inches wide in dark blue at the edges of which shall be orange strips half an inch wide, shall be worn over the right shoulder and joined at the hip by the Star of the Order. The Second Division insignia shall be the Badge of the Order, three inches in diameter in silver gilt suspended from the Riband of the Order, two inches wide and worn about the neck. At the left breast in silver gilt shall be the Badge of the Order. The Second Division insignia shall be embedded with one tourmaline gemstone at the bottom. The Third Division insignia shall be as for the Second Division but the Badge shall be of bronze and the Badge shall not be worn at the left breast. The Fourth Division insignia shall be the Riband of the Order, two inches wide suspended from which shall be the Badge Order, in bronze two inches in diameter and worn at the left breast.

4.   The following new honours and descriptions are inserted immediately after the the description of Honour No. 7:

8.   THE PRESIDENT’S INSIGNIA OF HONOUR shall comprise one division only and shall be awarded to residents of Zambia who rendered valuable services worthy of special recognition and to those who, by their loyal and meritorious conduct, have been of exceptional benefit to the country.The medal shall be bronze depicting the Schalow’s Turaco bird (Nduba or Ndubaluba) in flight,

9.   THE PRESIDENT’S INSIGNIA MERCY

Shall comprise one division and shall be awarded to Zambians and foreigners who perform acts of mercy to people in need in a single act. The medal shall bear a picture of a mother clutching a baby in her bossom, surrounded by blue enamel with the words “President’s Insignia of Mercy” in its circumference, on the obverse. The insignia shall be silver in colour and attached to a ribbon in blue and black.

10. THE PRESIDENT’S INSIGNIA OF MERITORIOUS ACHIEVEMENT

shall comprise one division and shall be awarded to persons who have distinguished themselves in any field. The medal shall be silver in colour, bear head of an elephant on the obverse and be attached to a riband in red and green.

11.   THE PRESIDENT’S INSIGNIA OF RECOGNITION

Shall comprise one division and shall be awarded to persons who through their inventiveness and initiative have contributed to the well being of the community in which they live. The medal shall be in brass, bear a picture of the Honey Guide bird perched on a branch bordered by a cluster of laurel leaves, the words “President’s Insignia of Recognition” and an amethyst gemstone embedded at the bottom of its circumference, on the obverse.

12.   THE NATIONAL AWARD FOR EXCELLENCE IN SCIENCE AND TECHNOLOGY

shall comprise one division and shall be awarded to individuals whose works represent a contribution of the highest distinction to the advancement or development of science and technology in Zambia.

The medal shall be gold in colour, of gilt and bear the inscription “Award for Excellence in Science and Technology” along the circumference of the obverse, with the following signs in the centre of the face: atomic orbits, a protein structure, the mathematical symbol, a mine shaft and a roller.

13.   CERTIFICATE OF ACHIEVEMENT

The Certificate shall bear the Zambian Coat of Arms with a one length border on the left hand side in national colours and the President’s Seal and signature. The Certificate shall be awarded to non-school going, unemployed youth, below the age of 31 years, for significant contribution to the conservation of the environment, or protection of wildlife or to the development of agriculture.

14.   CERTIFICATE OF RECOGNITION

The Certificate shall bear the Zambian Coat of Arms and a diagonal line in national colours on the bottom corner and the President’s Seal and signature. The Certificate shall be given to a youth in recognition of contribution to music, literature, sport or other forms of fine and performing arts by that youth.

6.   Honour numbers 8,9,10,11012,13,14,15,16 and 17 respectively are hereby renumbered as Honour numbers 15,16,17,18,19,20,21,22,23 and 24 respectively.

Given under my hand and the Public Seal of the Republic of Zambia at Lusaka this .......... 28 day of April, 20 ...

HOUSE OF CHIEFS REGULATIONS

[Article 136]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangements of Regulations

Regulations

   1.   Title

   2.   Interpretation

   3.   Establishment of provincial council of chiefs

   4.   Functions of provincial council of chiefs

   5.   Elections to House

   6.   Nomination of candidates

   7.   Circulation of list of candidates

   8.   Place of council meeting

   9.   Secret ballot

   10.   Provision for postal ballots

   11.   Counting of votes and announcement of results

   12.   Procedure in case of an equality of vote

   13.   Disputes over election

   14.   Clerk to notify President and Presiding Officer of Vacancies

   15.   Offences relating to election of members of House

   16.   Proceedings of House

   17.   Chairperson and Vice Chairperson to preside at meeting

   18.   Records to be kept by Clerk

   19.   Quorum

   20.   Meetings of House

   21.   Allowances

   22.   Privileges and immunities

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

      FIFTH SCHEDULE

SI 41 of 1998,

SI 7 of 2005.

 

1.   Title

These Regulations may be cited as the House of Chiefs Regulations, 1998.

 

2.   Interpretation

In these Regulations unless the context otherwise requires–

“chairperson” means the chairperson of the house of Chiefs elected pursuant to Article 132 of the Constitution;

“Chief” shall have the meaning assigned to it under the chiefs Act;

“clerk” means the clerk of the House appointed in accordance with the rules and includes any person who under the authority of the President is acting or deputising for the clerk;

“House” means the House of chiefs established under Article 130 of the Constitution;

“Member” means a member of the House of Chiefs;

“Province” shall have the meaning assigned to it under the Provincial and District Boundaries Act;

“Provincial Local government Officer” means a provincial local government officer appointed under the Local Government Act;

“Vice chairperson “ means the Vice chairperson of the House of Chiefs elected pursuant to Article 132 of the Constitution; and

“Votes and Proceedings” means the official daily record of the proceedings of the House or committee of the House.

 

3.   Establishment of provincial council of chiefs

There is hereby established for each province a provincial Council of Chiefs which shall consists of all the Chiefs resident within that province recognised under the Chiefs Act.

 

4.   Functions of provincial council of chiefs

   (1) The functions of a Provincial council of chief shall be to select members of the House of Chiefs and deal with other matter as provided under Article 131 of the Constitution.

   (2) A Provincial Council of Chief shall meet as necessary to select members of the House of Chiefs.

   (3) At a meeting of a Provincial Council of Chiefs, the Provincial Local Government Officer shall be the presiding officer for the purpose of selecting members for the House of Chiefs.

 

5.   Elections to House

Upon being requested by the clerk, the Provincial Government Officer, shall appoint a date on which a meeting of the provincial council of chiefs shall be held for the purpose of electing members to represent that Province in the House.

 

6.   Nomination of candidates

   (1) When a date has been set under the provision of regulation 5, the Presiding Officer shall call for the nomination of chiefs who are members of the provincial council for chiefs as candidates for election to the House.

   (2) Nominations shall be in the form set out in the First Schedule signed by one proposer and two seconders who shall be members of the Provincial Council of Chiefs.

   (3) Nomination forms duly completed shall reach the Presiding officer at least 14 days before the date of the meeting of the Provincial council of chiefs convened for the purpose of electing members of the house.

 

7.   Circulation of list of candidates

Upon receiving nominations properly proposed and seconded, the Presiding Officer shall cause to be circulated to all chiefs within that Province, at least seven days before the meeting of the Provincial Council of chiefs, a list of candidates for election to the House.

 

8.   Place of council meeting

On the date set by the Presiding Officer for the meeting of the Provincial council of chiefs, the chiefs shall assemble at the place decided upon by the Presiding Officer and notified to all chiefs within the Province and then proceed to elect the members of the House.

 

9.   Secret ballot

   (1) The election of the members of the House shall be by secret ballot conducted in the manner determined by the Presiding Officer so as to maintain the secrecy of the Ballot.

   (2) Each chief at the meeting of the Provincial council of chiefs shall receive from the Presiding Officer a ballot paper in the form set out in the Second Schedule and shall vote by placing a cross opposite the name of the candidate that chief wishes to elect. Each member shall have the number of votes corresponding to the number of chiefs provided for in Article 132 of the constitution to represent that province in the house.

 

10.   Provision for postal ballots

If the Presiding Officer is satisfied that a chief will be prevented by age, ill health or distance from attending the Provincial Council of Chiefs at which the election for the House is to take place and provision for postal ballots is to be made, the Presiding Officer may cause to be sent to the chief concerned a ballot paper by post in the form set out in the Third Schedule. Such a chief may then cast the vote or votes in the manner described in sub-regulation (2) of Regulation 9 and shall ensure that the ballot paper reaches the Presiding Officer by 0900 hours on the day on which meeting of the Provincial Council of Chiefs is convened to elect members of the House.

 

11.   Counting of votes and announcement of results

   (1) Upon all votes being cast, the Presiding Officer shall proceed to count the votes including those received through the post and shall announce to the provincial council of chiefs the names of those elected as members of the House. The Presiding Officer shall thereupon transmit to the clerk a certified record of the results for the information of the President and shall further transmit a copy of such record to each Chief in the Province within 14 days of a member being elected.

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