CHAPTER 288
DISTRICT MESSENGERS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
APPOINTMENT AND CONDITIONS OF SERVICE OF DISTRICT MESSENGERS

   3.   Appointment of District Messengers

   4.   Postings

   5.   Conditions of service

PART III
POWERS, DUTIES AND DISCIPLINE OF DISTRICT MESSENGERS

   6.   Powers and duties, etc., of District Messengers

PART IV
MISCELLANEOUS

   7.   Obstruction, etc., of District Messengers

   8.   Offences

   9.   General penalty

   10.   Regulations

      SCHEDULE

AN ACT

to provide for the appointment, conditions of service, powers, duties and discipline of District Messengers; and to provide for matters incidental to or connected with the foregoing.

[2nd December, 1960]

Act 48 of 1960,

Act 13 of 1994,

GN 339 of 1964,

GN 497 of 1964,

SI 66 of 1965.

PART I
PRELIMINARY

 

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1.   Short title

This Act may be cited as the District Messengers Act.

 

2.   Interpretation

In this Act, unless the context otherwise requires—

“District Messenger” means a person employed as a District Messenger or appointed thereafter as a District Messenger.

PART II
APPOINTMENT AND CONDITIONS OF SERVICE OF DISTRICT MESSENGERS

 

3.   Appointment of District Messengers

   (1) Every District Messenger shall, before acting as such, make and sign before a Magistrate a declaration in the form set out in the Schedule.

   (2) Every person shall, before making the declaration required by sub-section (1), answer truthfully any questions as to his previous career or service in any capacity, either in Zambia or elsewhere, which may be put to him by an Administrative Officer for purposes related to his proposed appointment or service.

[S 3 am by GN 339 of 1964.]

 

4.   Postings

Every District Messenger shall be liable to serve in any part of Zambia.

 

5.   Conditions of service

Every District Messenger shall be a member of the Civil Service and, subject to the provisions of this Act and of any regulations made hereunder, the conditions of service and superannuation privileges of District Messengers shall be in accordance with the Rules.

PART III
POWERS, DUTIES AND DISCIPLINE OF DISTRICT MESSENGERS

 

6.   Powers and duties, etc., of District Messengers

   (1) Every District Messenger shall have and may exercise all the powers, rights, duties and protection for the time being conferred, imposed or afforded to police officers under the rank of Sub-Inspector by any written law or by the common law, and where, in connection with any such power, right, duty or protection reference is made in any written law to the superior officer of a police officer, such reference shall be construed, in relation to a District Messenger, as being a reference to an Administrative Officer.

   (2) A reference in any written law to a non-cognizable offence shall, for the purposes of the exercise of powers of arrest by a District Messenger, be deemed to include a reference to an offence against African customary law.

   (3) In addition to any other duties imposed upon him by this or any other written law, a District Messenger shall—

      (a)   perform and carry out any duties or instructions imposed upon or conveyed to him in accordance with any general or special directions issued by an Administrative Officer;

      (b)   report to the Administrative Officer in charge of the office to which he is for the time being attached all matters which may directly or indirectly come to his knowledge affecting the general administration of the Republic;

      (c)   at all times do, subject to any general or special directions of any Administrative Officer, all such things which are lawful and which it is necessary for him to do for the better administration of the Republic.

[S 6 am by SI 66 of 1965.]

PART IV
MISCELLANEOUS

 

7.   Obstruction, etc., of District Messengers

Any person who assaults, resists or willfully obstructs or hinders any District Messenger acting in the due execution of his duty, or who assaults, resists or willfully obstructs or hinders any other person acting in aid of a District Messenger, shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding five years.

[S 7 am by GN 339 of 1964.]

 

8.   Offences

Any person who is not a District Messenger who—

      (a)   wears any dress which is the same as, or is a colourable imitation of, any uniform worn by District Messengers; or

      (b)   unless duly authorised so to do, gives, lends, sells or supplies in any manner for any purpose to any person any such dress; or

      (c)   represents by words or conduct that he or any other person is a District Messenger knowing that such representation is false;

shall be guilty of an offence.

[S 8 am by GN 339 of 1964.]

 

9.   General penalty

Any person convicted of an offence under the provisions of this Act for which no other penalty is expressly provided shall be liable to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

[S 9 am by GN 339 of 1964; Act 13 of 1994.]

 

10.   Regulations

The Minister may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act and the general governance of District Messengers.

[S 10 am by GN 339 of 1964; SI 66 of 1965.]

SCHEDULE

[Section 3(1)]

FORM OF DECLARATION

I   do solemnly and sincerely declare that I will be faithful and bear true allegiance to the President of the Republic of Zambia during my service as a District Messenger, and will obey all lawful orders of the President and of the officers placed over me, and will subject myself to all Acts, Orders and Regulations relating to District Messengers now in force or which may from time to time be in force.

Signature or mark of District Messenger

DECLARED AT…………………………………………. this...................................................day

of …………………………………………………………………………………….20......................

BEFORE ME……………………………………………………………………………………………

(Magistrate)

[Sch am by SI 66 of 1965.]

 
 

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