CHAPTER 154
ZAMBIA NATIONAL BROADCASTING CORPORATION ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ZAMBIA NATIONAL BROADCASTING CORPORATION

   3.   Establishment of Corporation

   4.   Constitution of Board of Directors

   4A.   Repealed

   5.   Tenure of office and vacancy

   6.   Director to declare connection

   7.   Functions of Corporation

   8.   Powers of Corporation

   9.   Committees of Board

   10.   Proceedings of Board

   11.   Transaction of business of an urgent nature

   12.   Validity of Board’s decisions

   13.   Contracts and instruments

   14.   Seal of Board

   15.   Disclosure of interest

   16.   Immunity of members

   17.   Appointment of Director-General and other staff

PART III
FINANCIAL PROVISIONS

   18.   Establishment and operation of general fund

   19.   Establishment and operation of general reserve account

   20.   Charges to revenue account of Corporation and investment of money in sinking funds

   21.   Funds of Corporation

   22.   Accounts

   23.   Appointment of auditors

   24.   Annual report

PART IV
[REPEALED]

[Part IV (ss 25 to 31) repealed .]

      SCHEDULE

AN ACT

to provide for the establishment of the Zambia National Broadcasting Corporation; to define the functions and powers of the corporation; to provide generally for the control and regulation of broadcasting and diffusion services; and to provide for matters connected with or incidential to the foregoing.

[24th April, 1987]

Act 16 of 1987,

Act 13 of 1994,

Act 20 of 2002,

Act 16 of 2010,

Act 17 of 2017*.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Zambia National Broadcasting Corporation Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

...

[“accommodation establishment” rep by s 2 of Act 17 of 2017.]

[“appointments committee” rep by s 2(a) of Act 16 of 2010.]

“Board” means the Board of Directors of the Corporation established by section 4;

“broadcaster” means the Corporation;

[Subs by s 2(c) of Act 20 of 2002.]

“broadcasting service” means a radiocommunication service for reception by members of the general public and the word “broadcast” shall be construed accordingly;

“Corporation” means the Zambia National Broadcasting Corporation established by section 3;

“dealer” means—

   (a)   a person who carries on a trade, business or industry in which receivers are assembled, manufactured, imported, bought, sold, exchanged, or offered or exposed for sale or exchange; or

   (b)   an auctioneer of television receivers; and cognate expressions shall be construed by reference, inter alia, to transactions or operations such as are carried on by persons referred to in paragraph (a);

[Subs by s 2(d) of Act 20 of 2002.]

“diffusion service” means—

   (a)   the dissemination by means of wires, otherwise than within the precincts of a single private residence, of the whole or any part of a broadcasting service; or

   (b)   the dissemination of music or speech by means of wires connecting two or more loudspeakers which—

      (i)   are installed in a specific building or within the precincts of a specified building; or

      (ii)   are permanently fixed, otherwise than within a single specified building, in a motor vehicle, aircraft, ship or railway train, for purposes not ancillary or incidental to or connected with any exhibition, performance, including a performance by a circus, contest, game or sport, such as—

         A.   the running of any horse race; or like; or

         B.   the holding of any concert or the production of any play, opera, ballet, pageant; or

         C.   the showing of cinematograph film; or

         D.   the holding of any agricultural, horticultural, industrial or commercial show or any dance, cabaret, garden party, fete, fair, gymkhana or the like; and “diffuse” shall be construed accordingly;

“director” means a member of the Board and includes the Chairperson and the Vice-Chairperson;

...

[“household” rep by s 2 of Act 17 of 2017.]

“inspector” means an inspector of the Corporation appointed under section 26;

[Am by s 2(b) of Act 20 of 2002.]

“listener” means a person who has in his possession a receiver otherwise than as—

   (a)   a broadcaster; or

   (b)   a dealer; or

   (c)   an operator of a diffusion service; or

   (d)   a police officer or a member of the Defence Force acting in the course of his duty;

“radiocommunication service” means the transmission of writing, signs, signals, pictures and sounds of all descriptions whatsoever, wholly or partly by means of electromagnetic waves of frequences between ten kilohertz and three million megahertz;

...

[“receiver” rep by s 2 of Act 17 of 2017.]

“specified building” means a building used for industrial purposes or such other purposes as the Minister may, by statutory notice, specify;

...

[“Telecommunications Corporation” rep by s 2(a) of Act 16 of 2010.]

...

[“television tuner” rep by s 2 of Act 17 of 2017.]

PART II
ZAMBIA NATIONAL BROADCASTING CORPORATION

3.   Establishment of Corporation

There is hereby established the Zambia National Broadcasting Corporation, which shall be a body corporate with perpetual succession and a common seal, capable of sueing and of being sued in its corporate name and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform and as are necessary for, or incidental to, the carrying out of its functions and powers as set out in this Act.

4.   Constitution of Board of Directors

   (1) There is hereby constituted the Zambia National Broadcasting Corporation Board which sall, subject to the provisions of this Act, perform the functions of the Corporation under this Act.

   (2) The Board shall consist of nine part-time directors appointed by the Minister, subject to ratification by the National Assembly.

[S 4(2) am by s 3 of Act 16 of 2010.]

   (3) A person shall not be qualified to be appointed to the Board unless the person is committed to fairness, freedom of expression, openness, and accountability and when viewed collectively the person appointed shall be represntative of a broad section of the population of the Republic.

   (4) The Chairperson and Vice-Chairperson shall be elected by the directors from amongest themselves.

[S 4(3) am by s 12 of Act 20 of 2002.]

   (5) A person shall not be appointed as a director if that person—

   (a)   is not a citizen of Zambia;

   (b)   is not permanently resident in Zambia;

   (c)   is a member of Parliament or local authority;

   (d)   is an office bearer or employee of any political party;

   (e)   is an immediate family member of a person referred to in paragraph (d);

   (f)   is an undischarged bankrupt;

   (g)   has been convicted of an offence involving fraud or dishonesty; or

   (h)   has been convicted of an offence under any other written law and sentenced to a term of imprisonment of not less than six months, without the option of a fine.

   (6) The directors shall be paid such allowances as the Board may, with the approval of the Minister, determine.

   (7) Except as otherweise provided in this Act, the Board shall not be subject to the direction of any other person or authority.

[S 4 subs by s 3 of Act 20 of 2002.]

4A.   …

[S 4A rep by s 4 of Act 16 of 2010.]

5.   Tenure of office and vacancy

   (1) Subject to the other provisions of this Act, a director shall hold office for a period of three years from the date of appointment and may be re-appointed for one further term of three years.

   (2) On the expiration of the period for which a director is appointed, the Director shall continue to hold office until the directors successor is appointed but in no case shall such further period exceed three months.

   (3) The office of a director shall become vacant—

   (a)   upon resignation;

   (b)   upon the death of the director;

   (c)   if that director without good cause or approval of the Chairperson is absent is absent from three consecutive meetings of the Board of which that director had notice;

   (d)   if that director is adjudged bankrupt;

   (e)   if director is declared to be of unsound mind; and

   (f)   if the director is convicted of an offence for a period exceeding six months without the option of a fine or convicted of any offence involving dishonesty.

   (4) A director may resign from office by giving one month’s notice in writing to the Minister.

   (5) Whenever the office of a director of a director becomes vacant before the expiry of the term of office the Minister may, on the recommendation of appointments committee and subject to ratification by the National Assembly, appoint another director in place of the director who vacates office but such director shall hold office only for the unexpired term.

[S 5 subs by s 5 of Act 20 of 2002.]

6.   Director to declare connection

Within seven days of the date of his appointment as Chairperson or director as the case may be, the Chairperson or director shall submit to the Minister a statement in writing of any directorship, office, post, shareholding or financial interest, direct or indirect, held or acquired by him or his spouse in a company or firm which carries on a radiocommunication service or operates a diffusion service or deals in receivers or manufactures, assembles, imports or sells apparatus or equipment for use in radiocommunication or diffusion services.

7.   Functions of Corporation

   (1) The functions of the Corporation shall be to—

   (a)   provide varied and balanced programming for all sections of the populations;

   (b)   serve the public interest;

   (c)   meet high professional quality standards;

   (d)   offer programmes that provide information, entertainment and education;

   (e)   contribute to the development of free and informed opinions and as such, constitute an important element of the democratic process;

   (f)   reflect, as comprehensively as possible, the range of opinions and political, philosophical, religious, scientific, and artistic trends;

   (g)   reflect and promote Zambia’s national culture, diversity and unity;

   (h)   reflect human dignity and human rights and freedoms and contribute to the tolerance of different opinions and beliefs;

   (i)   further international understanding and the public’s sense of peace and social justice;

   (j)   defend democratic freedoms;

   (k)   enhance the protection of the environment;

   (l)   contribute to the realisation of equal treatment between men and women;

   (m)   broadcast news and current affairs programmes which shall be comprehensive, unbiased and independent and commentary which shall be clearly distinguished from news;

   (n)   promote productions of Zambian origin; and

   (o)   carry on or operate such other services including diffusion services and undertakings as in the opinion of the Board, are conductive to the exercise of its functions under this Act.

[S 7 subs by s 6 of Act 20 of 2002.]

8.   Powers of Corporation

The Corporation shall have power, subject to the provisions of this Act, to do all or any of the matters and things specified in the Schedule.

9.   Committees of Board

   (1) The Board may, for the purpose of performing the Corporation’s functions under this Act, establish committees and may delegate to any such committee such of its functions as it thinks fit.

   (2) The Board may appoint as members of a committee established under sub-section (1) persons who are or are not members of the Board and such persons shall serve for such period as the Board may determine.

   (3) Subject to any specific or general directions of the Board any committee established under sub-section (1) may regulate its own procedure.

10.   Proceedings of Board

   (1) Subject to the provisions of this section, the Board may regulate its own procedure.

   (2) The Board shall hold its first meeting on such date and at such place and time as the Minister may determine; and thereafter the Board shall meet for the transaction of business at such places and at such times as the Board may determine.

   (3) The Chairperson of the Board may at any time and shall, at the request of three directors, convene a special meeting of the Board.

   (4) A notice convening a special meeting of the Board shall state the purposes for which the meeting is to be convened.

   (5) Where the Chairperson of the Board is prevented by illness, absence from Zambia or other cause from exercising his functions on the Board, the Vice-Chairperson shall exercise the powers and fulfil the duties and functions of the Chairperson.

   (6) Where the Chairperson and the Vice-Chairperson are absent from any meeting of the Board there shall preside at that meeting such director as the directors present may elect for the purpose of that meeting.

   (7) The quorum at a meeting of the Board shall be five directors.

[S 10(7) am by s 7 of Act 20 of 2002.]

   (8) All acts, matters or things authorised or required to be done by the Board may be decided by resolution of a meeting at which a quorum is present.

   (9) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of every meeting of any committee established by the Board.

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