CHAPTER 45
FEES AND FINES ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
FEES AND FEE UNITS

   3.   Fee units

   4.   Fees expressed in kwacha amounts are to be converted to fees expressed in fees units

   5.   Method of conversion

PART III
FINES AND PENALTY UNITS

   6.   Penalty units

   7.   Fines expressed in kwacha amounts are to be converted to fines expressed in penalty units

   8.   Method of conversion

   9.   Regulations

      SCHEDULE

AN ACT

to provide for the amounts of fees and fines to be expressed in terms of the fee units and penalty units; to provide for the amounts of existing fees and fines to be converted into fee units and penalty units; and to provide for matters connected with or incidental to the foregoing.

[3rd June, 1994]

Act 13 of 1994,

Act 6 of 1996,

Act 11 of 2013.

PART I
PRELIMINARY

 

1.   Short title

      This Act may be cited as the Fees and Fines Act.

 

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“fee” includes tax, levy, charge and any other impost, whether or not a service is provided in exchange for the payment thereof;

“fine” means any pecuniary penalty that may be imposed by a court for an offence.

   (2) For the purposes of the application of this Act to other Acts—

      (a)   a reference in any other Act to a number of ngwee shall be read as a reference to the appropriate fraction of a kwacha; and

      (b)   a reference to another Act does not include a reference to any statutory instrument made under that Act.

PART II
FEES AND FEE UNITS

 

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3.   Fee units

In any written law, unless the context otherwise requires, “fee unit” means 18 ngwee.

 

4.   Fees expressed in kwacha amounts are to be converted to fees expressed in fees units

Where a provision in any Act imposes a fee and the fee is expressed as—

      (a)   a specified number of kwacha; or

      (b)   a rate whereby a specified number of kwacha is payable for a specified quantity of anything, or a specified period of time;

the provision shall be read as if the fee were expressed instead as—

      (i)   the number of fee units calculated in accordance with section 5; or

      (ii)   a rate whereby the number of fee units calculated in accordance with section 5 is payable for the specified quantity, or specified period of time;

as the case may require.

 

5.   Method of conversion

   (1) The number of fee units that corresponds, for the purposes of section 4, to the amount in kwacha of a fee shall be calculated as follows—

      (a)   the number of kwacha shall be multiplied by the appropriate multiplier;

      (b)   the result shall be divided by one hundred;

      (c)   the required number of fee units shall be—

      (i)   the quotient obtained under paragraph (b), if it is a whole number; or

      (ii)   the next highest whole number, if that quotient is not a whole number.

   (2) In this section, “appropriate multiplier”, in relation to the amount of a fee prescribed by an Act, means the number specified in the Schedule that corresponds to—

      (a)   the year in which the fee was last varied by amendment of the provision concerned; or

      (b)   if it has never been so varied, the year in which that provision came into force.

PART III
FINES AND PENALTY UNITS

 

6.   Penalty units

In any written law, unless the context otherwise requires, “penalty unit” means eighteen ngwee.

 

7.   Fines expressed in kwacha amounts are to be converted to fines expressed in penalty units

Where any Act provides that a fine may be imposed for an offence and the amount of the fine, or the maximum amount of the fine, that may be so imposed is expressed as—

      (a)   a specified number of kwacha; or

      (b)   a rate whereby a specified number of kwacha is payable in respect of a specified quantity of anything, or in respect of a specified period of time;

the provision shall be read as if the amount, or maximum amount, of the fine were expressed instead as—

      (i)   the number of penalty units calculated in accordance with section 8; or

      (ii)   a rate whereby the number of penalty units calculated in accordance with section 8 is payable in respect of the specified quantity, or specified period of time;

as the case may require.

 

8.   Method of conversion

   (1) The number of penalty units that corresponds, for the purposes of section 7, to the amount in kwacha of a fine shall be calculated as follows—

      (a)   the number of kwacha shall be multiplied by the appropriate multiplier;

      (b)   the result shall be divided by one hundred;

      (c)   the required number of penalty units shall be—

      (i)   the quotient obtained under paragraph (b), if it is a whole number; or

      (ii)   the next highest whole number, if that quotient is not a whole number.

   (2) In this section, “appropriate multiplier”, in relation to a fine imposed by a provision of any Act, means the number specified in the Schedule that corresponds to—

      (a)   the year in which the fine was last varied by amendment; or

      (b)   if it has never been so varied, the year in which that provision came into force.

9.   Regulations

The Minister may, by statutory instrument, make regulations to provide for—

      (a)   the value of a fee or penalty unit; and

      (b)   the methods and formulae for the conversion of fees and penalty units.

[S 9 ins by s 2 of Act 11 of 2013.]

SCHEDULE

[Sections 5 and 8]

MULTIPLIERS FOR FEES AND FINES IN ACTS

 

Year in which fee or fine was last varied 

Multiplier 

1970 or earlier 

1500 

1971-1975 

1000 

1976-1980 

500 

1981-1985 

250 

1986 

125 

1987 

75 

1988 

50 

1989 

25 

1990 

15 

1991 

1992 

1993 

1994 

1

 


 
 

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