CHAPTER 53 - JUVENILES ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Application

Approval of Society

Authorisations

Exemption from Provisions

Approved Schools

Approved Schools Rules

Establishment of Reformatories

Juveniles (Reformatory Dietary Scales) Rules

Reformatory Schools Rules

Juveniles (Approved School) (Establishment) Notice

APPLICATION

[Section 1]

[Order by the Minister]

GN 116 of 1956,

GN 497 of 1964.

The provisions of the Act are hereby applied to the whole of Zambia with the exception of sections 32 to 42 inclusive which do not apply to the Western Province nor to any area situated in a reserve or in trust land as defined in the Zambia (State Lands and Reserves) Orders, 1928 to 1964, and the Zambia (Trust Land) Orders, 1947 to 1964.

APPROVAL OF SOCIETY

[Section 3]

[Notice by the Minister]

GN 93 of 1961.

The Management Committee of the Zambia Guild of St. Joseph’s Home is hereby approved as an approved society.

AUTHORISATIONS

[Section 7]

[Notices by the Commissioner for juvenile welfare.]

GN 1943 of 1961,

GN 185 of 1963.

The person for the time being holding the office of Chief Social Welfare Officer or Senior Social Welfare Officer, being a juveniles inspector, is hereby authorised to exercise or perform the powers and duties entrusted to the Commissioner for juvenile welfare under the provisions of the sections of the Act listed below—

Sections 3(4), 4, 19(2), 22(3), 23(a), 23(b), 28, 34, 57, 83, 84, 87 and 88.

The persons for the time being holding the offices of Senior Social Welfare Officer, being juveniles inspectors, are hereby authorised to exercise or perform the powers and duties entrusted to the Commissioner for juvenile welfare under the provisions of the section of the Act listed below—

Section 22(2)

EXEMPTION FROM PROVISIONS

[Section 53]

[Order by the Minister.]

GN 119 of 1956.

Any school entertainment approved by the Minister responsible for education is hereby exempted from the provisions of section 53 of the Act.

APPROVED SCHOOLS

[Section 75]

[Notices by the Minister]

GN 240 of 1961,

GN 363 of 1963.

Nakupota Training Centre, Ndola, and Nakambala Training School, Mazabuka, are hereby established as approved schools.

Lowden Lodge, Umtali, and Mount Hampden Training School, near Harare, are hereby approved as approved schools.

GN 1973 of 1960.

APPROVED SCHOOLS RULES

[Section 90]

Arrangement of Rules

   Rule

   1.   Title

   2.   Interpretation

   3.   Accommodation

   4.   Duties and responsibilities of Principal

   5.   Visiting committee

   6.   Care of pupils

   7.   Daily routine

   8.   Education and training

   9.   Employment

   10.   Religious instruction

   11.   Recreation, letters and visits

   12.   Discipline and punishment

   13.   Release on license

   14.   After care

   15.   Medical care

   16.   Records

   17.   Promulgation of Rules

   18.   Inspection

[Rules by the Minister]

GN 417 of 1962,

SI 63 of 1964.

1.   Title

These Rules may be cited as the Approved Schools Rules.

2.   Interpretation

In these Rules, unless the context otherwise requires—

“Commissioner” means the Commissioner for juvenile welfare or his duly authorised agent;

“Principal” means the person appointed by the Commissioner to manage an approved school;

“pupil” means a juvenile sent to an approved school in pursuance of an approved school order;

“school” means an approved school established by the Minister under sub-section (1) of section 75 of the Act;

“visiting committee” means the persons appointed by the Commissioner under rule 5(1).

[Am by SI 63 of 1964.]

3.   Accommodation

The number of pupils accommodated in a school shall not exceed such number as may be fixed for that school from time to time by the Commissioner.

4.   Duties and responsibilities of Principal

   (1) The Principal of a school shall be responsible to the Commissioner for the efficient conduct of the school.

   (2) The Principal shall keep—

      (a)   a register of admissions and discharges in which shall be recorded all admissions, licenses, revocation of licenses, recalls, releases and discharges;

      (b)   a log book in which shall be entered every event of importance connected with the school;

      (c)   a daily register of the presence or absence of each pupil; and

      (d)   a punishment book.

   (3) The Principal shall determine the duties of the members of the staff. These shall include duties connected with the supervision of the pupils in the school, their recreation and their after care, and a list of such duties shall be made available to every staff member.

   (4) When the Principal of a school is absent from the school, the Commissioner may appoint a member of the staff to perform the duties and exercise the powers of the Principal during his absence.

   (5) As soon as practicable after the admission of a pupil, the Principal shall notify that pupil’s parent or guardian of his whereabouts if such parent or guardian can be traced.

5.   Visiting committee

   (1) The Commissioner shall appoint at least four persons to be members of a visiting committee. Such persons shall reside within a reasonable distance of the school and shall act in an advisory capacity to the Principal in respect of the matters described in sub-rule (3).

   (2) The committee shall meet at the school at least monthly.

   (3) It shall be the duty of the visiting committee to satisfy themselves that the conditions of the school and the training, welfare and education of the pupils under their care are satisfactory and in this respect members of the committee may inspect the premises, books, and records of the school and consult with the Principal on any matter regarding the administration of the school, or any matter contained in these Rules and require him, if necessary, to transmit their views to the Commissioner. On such a requirement being made, the Principal shall transmit the views of the committee to the Commissioner as soon thereafter as may be reasonably practicable.

   (4) Any pupil shall have the right of personal access to the visiting committee, the Principal, the Senior Social Welfare Officer for the Province and the Commissioner.

   (5) A record of all proceedings of meetings of the visiting committee shall be kept by the secretary who shall be appointed by the Commissioner.

6.   Care of pupils

   (1) Each pupil shall be provided with a separate bed and shall be kept supplied with suitable bed clothing.

   (2) The pupils shall be supplied with sufficient and varied food based on a dietary scale approved by the Commissioner after consultation with the Director of Medical Services. A copy of the dietary scale shall be kept posted in the school kitchen.

   (3) Pupils shall be issued with suitable articles of clothing which shall remain the property of the Government:

Provided that a pupil may on his release be issued with essential articles of clothing free of charge.

7.   Daily routine

   (1) The daily routine of the school (including the hours of rising, schoolroom instruction and practical physical training, domestic work, meals, recreation and retiring) shall be in accordance with a scheme approved by the Commissioner.

   (2) A copy of the daily routine shall be kept posted in some conspicuous place in the school.

   (3) Any substantial deviation from the daily routine shall be entered in the log book.

8.   Education and training

   (1) Lower primary education shall be afforded to all pupils in a school and further education may be provided for individual pupils according to their age, aptitude and capability.

   (2) The schoolroom time-table and syllabus shall be subject to the approval of the Commissioner and a copy of the time-table shall be kept posted in the schoolroom.

   (3) All pupils shall be given vocational training in accordance with a scheme approved from time to time by the Commissioner. Any substantial deviation from the scheme shall be recorded in the log book.

   (4) The attendance of pupils in the schoolroom and at all periods of vocational training shall be recorded in the manner prescribed by the Commissioner.

9.   Employment

Pupils may be employed in performing such tasks as the Principal may from time to time prescribe, subject to their need for education, instruction, recreation and leisure. Pupils under twelve years shall not be employed except on light work.

10.   Religious instruction

Where a pupil is of a particular religious persuasion, arrangements shall be made as far as practicable for him to receive religious assistance and instruction from a minister of religion of the church to which he belongs.

11.   Recreation letters and visits

   (1) Pupils shall be encouraged to write to their parents or guardians at least once a month. Letters written by pupils shall be despatched at public expense in a plain envelope.

   (2) Pupils may be allowed visits from their parents, relatives and friends at such intervals and on such days and at such times as the Principal may determine.

   (3) Arrangements may be made for providing pupils with pocket money each week, subject to such conditions as may be prescribed by the Commissioner.

   (4) The Principal may suspend any of the facilities and privileges mentioned in this rule if he is satisfied that they interfere with the discipline of the school; any such suspension shall be recorded in the log book.

12   Discipline and punishment

   (1) The Principal may introduce any system approved by the Commissioner which will encourage good conduct and industry and will facilitate the reformative treatment of the pupils.

   (2) When punishment is necessary for the maintenance of discipline, the Principal in his discretion may adopt one of the following sanctions—

      (a)   the forfeiture of privileges under rule 11;

      (b)   separation from other pupils:

Provided that this punishment shall only be used in exceptional cases and subject to the following conditions—

      (i)   no pupil under the age of twelve years shall be kept in separation;

      (ii)   the room used for the purpose shall be light and airy and kept lighted after dark;

      (iii)   some form of occupation shall be given;

      (iv)   means of communication with a member of the staff shall be provided;

      (v)   if the separation is to be continued for more than twenty-four hours, it shall be reported immediately to the Commissioner;

      (c)   corporal punishment. Every effort shall be made to enforce discipline without resort to corporal punishment which may be used only as a last resort. Where it is found necessary, its application shall be in strict accordance with sub-rule (3).

   (3) Corporal punishment shall be subject to the following conditions—

      (a)   it shall be inflicted only with a type of cane approved by the Commissioner;

      (b)   if applied on the hands, the number of strokes shall not exceed three on each hand, but no boy over fifteen years shall be so punished;

      (c)   if applied on the posterior, it shall be over the boy’s ordinary cloth trousers and the number of strokes shall not exceed six for boys under fifteen years and eight for boys of fifteen years and over:

Provided that in exceptional cases, with the special approval of the Commissioner, twelve strokes may be administered to boys of fifteen years and over;

      (d)   no boy with any physical or mental disability shall be punished without the sanction of the medical officer;

      (e)   no corporal punishment shall be inflicted except by the Principal (or during his absence by the officer appointed under rule 4(4) to exercise the duties of the Principal);

      (f)   it shall not be inflicted in the presence of other boys;

      (g)   notwithstanding the provisions of paragraphs (e) and (f), for minor offences committed in the school-room by boys under fifteen years, the principal teacher may be authorised by the Principal to administer with a light cane, not more than two strokes on each hand. A book known as the school-room punishment book shall be kept and the principal teacher shall at once enter therein a record of any corporal punishment inflicted by him under this paragraph.

   (4) The Principal shall be responsible for the immediate recording of a punishment awarded in the punishment book which he is required to keep under rule 4 (2) and he shall enter therein such details as may be required by the Commissioner.

   (5) The punishment book shall be examined at each meeting of the visiting committee and shall be signed by the chairman. It will also be shown to the Provincial Medical Officer on his request.

   (6) No pupil shall be allowed to administer any form of punishment to any other pupil.

13.   Release on license

   (1) It shall be the duty of the Principal to recommend placement on license of each pupil as soon as the pupil has made sufficient progress in his training; and with this object in view, he shall review the progress made by each pupil and all the circumstances of the case (including home surroundings) towards the end of his first year in the school and thereafter as often as may be necessary and at least quarterly.

   (2) At each review the Principal, in consultation with the visiting committee, shall consider the date at which the pupil is likely to be fit to be placed on license. The views of the visiting committee shall be transmitted, along with the Principal’s report, to the Commissioner.

   (3) Where there is reason to believe that a pupil can be placed on license during the first twelve months of his detention, the case shall be reported by the Principal to the visiting committee and the same procedure followed as in sub-rule (2).

   (4) The Principal shall maintain a licensing register in a form prescribed by the Commissioner showing the date and result of his review of each case and the reasons for his recommendation.

14.   After care

   (1) The Principal shall see that every effort is made to obtain suitable employment for a pupil who is fit for release on license, and for this purpose he shall avail himself where necessary of any help that can be obtained, whether from public organisations or private individuals.

When the pupil’s home is unsatisfactory, he shall endeavour to place him in a hostel or other suitable lodging.

   (2) The Principal shall provide every pupil on leaving with a sufficient outfit and, if necessary, a reasonable sum for travelling and subsistence.

   (3) If the pupil is returning to the care of his parents, the Principal shall communicate with the pupil’s parents or guardian beforehand, and make adequate arrangements for his transportation and reception.

15.   Medical care

   (1) The Commissioner shall arrange for a medical officer to be appointed whose duties shall include—

      (a)   a thorough examination of each pupil as soon as possible after admission and shortly before leaving the school;

      (b)   a quarterly inspection of each juvenile;

      (c)   a general inspection of the school from a hygienic point of view and advice as to dietary and general hygiene;

      (d)   the examination and treatment of all sick and ailing pupils;

      (e)   the keeping of medical records in respect of each pupil;

      (f)   the furnishing of such reports and certificates as the Commissioner may require.

   (2) Notice of any meeting of the visiting committee shall be given to the medical officer so that he may have an opportunity of attending and presenting a report.

   (3) The Principal shall report at once any death and any case of serious illness, infectious disease, or accident involving a pupil to the parent or guardian of the pupil and to the Commissioner.

   (4) Any violent or sudden death of a pupil shall be notified immediately by the Principal to the coroner of the District in which the death occurs. A report of the proceedings at any inquest shall be sent without delay to the Commissioner.

16.   Records

The Principal shall arrange for the keeping of all registers and records required by the Commissioner and shall cause to be sent to him such returns, statements and other information as may be required by him from time to time.

17.   Promulgation of Rules

The Principal shall cause a copy of these Rules to be given to each member of the staff and to the medical officer.

18.   Inspection

The Principal shall arrange that the school shall be open at all times to inspection by or on behalf of the Commissioner and he shall give all facilities for the examination of the books and records of the school.

ESTABLISHMENT OF REFORMATORIES

[Section 91]

[Notices by the Minister]

GN 1644 of 1953,

GN 267 of 1957,

GN 22 of 1958,

GN 137 of 1958,

GN 512 of 1959,

GN 532 of 1962,

GN 1280 of 1966.

Reformatory and receiving centre established at Katombora, Livingstone District.

Government prisons at Livingstone and Lusaka established as reformatories and receiving centres.

The prisons specified in the Schedule established as reformatories and the juvenile section within each of the said prisons as a receiving centre.

SCHEDULE

Bwana Mkubwa Prison.

Chingola Prison.

Chipata Prison.

Kabwe Medium Security Prison.

Kasama Prison.

Kitwe Prison. Mongu Prison.

Ndola Prison.

Detention camp at Kabwe established as reformatory.

JUVENILES (REFORMATORY DIETARY SCALES) RULES

[Section 107]

Arrangement of Rules

   Rule

   1.   Title

   2.   Interpretation

   3.   Dietary scale

   4.   Variation of dietary scale

      SCHEDULE

[Rules by the Minister]

SI 194 of 1965.

1.   Title

These Rules may be cited as the Juveniles (Reformatory Dietary Scales) Rules.

2.   Interpretation

In these Rules, unless the context otherwise requires—

“medical officer” means a medical officer appointed or nominated in terms of section 16 of the Prisons Act;

“officer in charge” means the person appointed to control and administer a reformatory in terms of section 96 of the Act.

3.   Dietary scale

Subject to the provisions of rule 4, a person detained in a reformatory shall be placed on the dietary scale as set out in the Schedule.

4.   Variation of dietary scale

   (1) The officer in charge may, on the advice of the medical officer, increase, reduce or vary the dietary scale or substitute one item for another.

   (2) The officer in charge shall report to the Chief Inspector of Reformatories any increase, reduction, variation or substitution made by him in terms of sub-rule (1) and shall enter details of such increase, reduction, variation or substitution in a book to be kept for the purpose.

   (3) A person detained in a reformatory who is admitted to a civil hospital shall be placed on the appropriate hospital diet.

SCHEDULE

[Rule 3]

DIETARY SCALE

Daily Issues

Fresh Meat (less 25% bone) OR Fresh Fish OR Dried Fish

141.75 g

Maize Meal OR Millet Meal OR Rice (unpolished) (see Note 1)OR Bread (see Note 1)

9.45 g

Protone Soup PowderOR Milk, non-fat OR Milk Powder, non-fat .

28.35 g

Bread . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

226.8 g

OR Porridge, Flour and Rice (see Note 2) . . . . . . . . . . . . . . . . . . . . . . . . . .

226.8 g

Beans, Peas, Lentils or Dhal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42.62 g

AND Groundnuts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56.7 g

OR Cheese . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28.35 g

Dripping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28.35 g

OR Margarine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28.35 g

OR Groundnut Cooking Oil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14.2 g

OR Red Palm Oil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3.6 g

Mixed Fresh Vegetables . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

170.1 g

OR Potatoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

226.8 g

AND Sweet Potatoes (when available) (see Note 4) . . . . . . . . . . . . . . . . . . . .

226.8 g

AND Pumpkin (when available) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

113.4 g

Mixed Fresh Fruit (in season) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

113.4 g

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