LAWS OF ZAMBIA (REVISED EDITION) ACT

Arrangement of Sections

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
APPOINTMENT, FUNCTIONS AND POWERS OF COMMISSIONER

   3.   Appointment and Functions of Commissioner

   4.   Powers of Commissioner

   5.   No other power to make amendments of substance

PART III
CONTENTS OF LAWS OF ZAMBIA

   6.   Contents of the Laws of Zambia

   7.   Obsolete

   8.   Obsolete

PART IV
GENERAL

   9.   Specified date

   10.   Method of compiling Laws of Zambia

   11.   Binding of Laws of Zambia

   12.   Printing of Laws of Zambia

   13.   Bringing into force and validity of Laws of Zambia

   14.   Distribution of Laws of Zambia

PART V
SUPPLEMENTS

   15.   Periodical issue of supplements

   16.   Validity of supplements

   17.   Powers of Attorney-General

   18.   Contents of supplements

PART VI
MISCELLANEOUS

   19.   Construction of references to repealed or amended laws

   20.   Place of this Act in the Laws of Zambia

 

AN ACT

to authorise the preparation and publication of a revised edition of the Laws of Zambia and to provide for the periodical revision thereof; to provide for the appointment of a Commissioner and to specify his powers; and to provide for matters incidental to or connected with the foregoing.

[16th February, 1968]

Act 9 of 1968,

Act 25 of 1969,

Act 21 of 1971.

PART I
PRELIMINARY

 

1.   Short title

This Act may be cited as the Laws of Zambia (Revised Edition) Act.

 

2.   Interpretation

In this Act, unless the context otherwise requires—

"Act" includes an Ordinance and an Applied Act;

"Chapter" means a chapter or appendix of the Laws of Zambia;

"Commissioner" means the person appointed as such under section 3;

"law" means written law and includes the Constitution, British Acts, any Order, or any Order in Council in force in the Republic on the specified date;

"Laws of Zambia" means the revised edition of the laws of Zambia prepared in accordance with the provisions of this Act, and includes such revised edition as amended by supplements;

"specified date" means the date fixed by the Minister under section 9;

"supplement" means a supplement containing any laws as revised from time to time in accordance with the provisions of this Act.

PART II
APPOINTMENT, FUNCTIONS AND POWERS OF COMMISSIONER

 

3.   Appointment and functions of Commissioner

   (1) There shall be a Commissioner who shall be a public officer and who shall be responsible for—

      (a)   the preparation of a revised edition of the Laws of Zambia;

      (b)   making arrangements for the printing and publication of the said revised edition; and

      (c)   performing such other duties as are provided for in this Act.

   (2) Whenever it appears to the Attorney General that the Commissioner is unable from any cause to complete the revision of the laws authorised by this Act, he may designate another person to be Commissioner in his stead.

   (3) In the exercise of his powers under this Act, the Commissioner shall be subject to the direction and control of the Attorney-General and shall act in accordance with any direction of the Attorney-General.

   (4) The Commissioner shall consult the Attorney-General on legal matters arising in the course of preparing the revised edition of the Laws of Zambia.

 

{mprestriction ids="1,2,3,5"}

4.   Powers of Commissioner

   (1) In the preparation of the Laws of Zambia, the Commissioner shall, subject to the provisions of this Act, have the following powers—

      (a)   to omit—

      (i)   all laws or parts of laws which have been expressly, specifically or impliedly repealed or which have expired or have become spent or have had their effect;

      (ii)   all repealing provisions in laws, and all tables or lists of repealed laws, whether contained in schedules or otherwise;

      (iii)   all preambles or parts of preambles to laws, and all or any recitals in laws, where such omission can, in the opinion of the Commissioner, conveniently be made;

      (iv)   the enacting provisions of laws;

      (v)   all provisions prescribing the date when a law or part of a law is to come into operation, where such omission can, in the opinion of the Commissioner, conveniently be made;

      (vi)   all amending laws or parts thereof where the amendments effected thereby have been conveniently incorporated or otherwise embodied in the laws to which they relate;

      (vii)   all discriminatory expressions and expressions which have become obsolete as the result of Constitutional changes, and to substitute therefor such expressions as the Commissioner may consider necessary in order to bring the law into conformity with the Constitution;

      (viii)   Appropriation Acts, Supplementary Appropriation Acts, and any law of a temporary nature where such omission can, in the opinion of the Commissioner, conveniently be made;

      (b)   to arrange laws by chapters in such sequence and groups and generally in such order and manner as the Commissioner thinks appropriate;

      (c)   to consolidate into one law two or more laws in pari materia, making the alterations thereby rendered necessary in the consolidated law, and affixing such date thereto as may seem most convenient;

      (d)   to alter the order of sections in any law and, in all cases where it is necessary to do so, to renumber the sections;

      (e)   to alter the form or arrangement of any section of any law by transferring words, by combining it in whole or in part with another section or other sections or by dividing it into two or more subsections;

      (f)   to divide any law, whether consolidated or not, into parts or other divisions;

      (g)   to convert, in any law, sums of money expressed in pounds, shillings and pence to equivalent sums of money expressed in decimal currency, in accordance with the provisions of the Bank of Zambia Act. Cap. 360

      (h)   to add a long or short title or citation to any law which may require it and, if necessary or expedient, to alter the long title, short title or citation of any law;

      (i)   to supply or alter marginal notes and tables showing the arrangements of sections;

      (j)    to correct cross-references;

      (k)    to correct grammatical and typographical errors in any law, and for that purpose to make verbal additions, omissions or alterations not affecting the meaning of any law;

   (l)   to correct the punctuation in any law;

      (m)   to provide footnotes by way of amplification which shall not form part of the Laws of Zambia;

      (n)   to redesignate an Ordinance as an Act;

      (o)   to make such amendments, omissions or alterations of a formal nature as the Commissioner may consider necessary to bring any law into conformity with the Zambia Independence Act, 1964, of the Parliament of the United Kingdom, the Constitution of the Republic of Zambia, the Interpretation and General Provisions Act, or any Act amending or substituted for the same;

      (p)   to make such formal alterations as to names, localities, offices and otherwise as may be necessary to bring any law into conformity with the circumstances from time to time obtaining in the Republic;

      (q)   to make such adaptations of or amendments of a formal nature to any law as appear to be necessary or proper as a consequence of any change in the constitution of any Commonwealth country or the composition of the Commonwealth;

      (r)   to make such formal alterations to any law as are necessary or expedient for the purpose of securing uniformity of expression in the Laws of Zambia;

and power to do all other things relating to form and method, whether similar to the foregoing or not, which appear to the Commissioner necessary for the perfecting of the Laws of Zambia.

   (2) Sub-paragraphs (i), (ii) and (vi) of paragraph (a), and paragraph (m) of subsection (1), and no more, shall apply in respect of British Acts, Orders and Orders in Council.

   (3) The provisions of subsection (3) of section fourteen of the Interpretation and General Provisions Act shall apply to all omissions made by subsection (1) as if the laws or parts of laws omitted had been repealed.

   (4) The provisions of subsection (1) shall not apply in respect of or to the Constitution or (in so far as it forms part of the law of Zambia) the Zambia Independence Act, 1964, of the Parliament of the United Kingdom.

 

5.   No other power to make amendments of substance

Save as otherwise provided, nothing in this Act shall be taken to imply any power in the Commissioner to make any alteration or amendment in the matter or substance of any law. No other power to make amendments of substance

PART III
CONTENTS OF LAWS OF ZAMBIA

 

6.   Contents of Laws of Zambia

The Laws of Zambia shall contain—

      (a)   the Constitution as amended and in force;

      (b)   all Acts in force in the Republic on the specified date (except such laws as the Commissioner has power to omit under sections 4(1)(a)(viii) and 7) together with all rules and regulations made thereunder and such other statutory instruments made thereunder as appear to the Commissioner to be of sufficient importance to be included:

Provided, however, that the Interpretation and General Provisions Act as amended and in force up to and including the 1st April, 1997, together with all such statutory instruments made thereunder up to that date as appear to the Commissioner to be of sufficient importance shall be included in the Laws of Zambia;

      (c)   all Acts which have been enacted but not yet brought into operation on the specified date, together with all rules and regulations made thereunder and such other statutory instruments made thereunder as appear to the Commissioner to be of sufficient importance to be included;

      (d)   such British Acts, Orders and Orders in Council as the Commissioner deems appropriate to include, together with all rules and regulations made thereunder and such other statutory instruments made thereunder as appear to the Commissioner to be of sufficient importance to be included;

      (e)   a table of contents, a chronological table of Acts and an index.

[Am by Act 21 of 1971]

 

7.   Obsolete

 

8.   Obsolete

PART IV
GENERAL

 

9.   Specified date

The * Minister shall, by statutory notice, specify a date for the purposes of the revision and any Act or statutory instrument made after that date shall not be included in the Laws of Zambia.

 

10.   Method of compiling Laws of Zambia

Subject to the provisions of sections 6 and 7, the Commissioner shall cause the Laws of Zambia to be printed in loose-leaf form in chapters, a separate chapter being printed for—

      (a)   every Act and the subsidiary legislation made thereunder;

      (b)   every British Act, Order or Order in Council and the subsidiary legislation made thereunder.

 

11.   Binding of Laws of Zambia

   (1) The Commissioner shall cause sets of the various chapters which have been printed in accordance with section 10 to be bound together in such number of volumes as may be convenient.

   (2) The volumes shall be bound in such a manner as will enable any page and any chapter to be easily removed and replaced.

 

12.   Printing of Laws of Zambia

The Commissioner shall cause to be printed so many copies of the Laws of Zambia and of each separate chapter included therein as he may deem necessary.

 

13.   Bringing into force and validity of Laws of Zambia

   (1) The Commissioner shall, as soon as the Laws of Zambia are completed, transmit copies thereof to the Minister, who shall lay the same before the National Assembly.

   (2) Upon the passing of a resolution of the National Assembly authorising him so to do, the President may, by statutory order, direct that the Laws of Zambia shall come into force from such date as he may appoint.

   (3) From the date named in the order, the Laws of Zambia shall be deemed to be and shall be in all courts and for all purposes whatsoever, the sole and proper version of the laws contained therein.

   (4) The minister shall cause a printed copy of the Laws of Zambia, attested under his signature, to be enrolled on record in the office of the Registrar of the High Court and such copy shall be the original of the Laws of Zambia.

 

14.   Distribution of Laws of Zambia

The Laws of Zambia or any separate chapter thereof shall be distributed among such persons, Ministries and institutions as the Minister may direct.

PART V
SUPPLEMENTS

 

15.   Periodical issue of supplements

   (1) The Attorney-General shall, from time to time, as may seem to him expedient, prepare and cause to be published supplements to the Laws of Zambia.

   (2) Such supplements shall be in such form and shall be prepared for insertion in the Laws of Zambia in such manner as the Attorney-General may determine.

 

16.   Validity of supplements

   (1) When any supplements are published under the provisions of section 15, the Attorney-General shall, by statutory order, direct that the supplements shall come into force from the date specified in the order.

   (2) From the date named in the order, the laws or parts of laws contained in the supplements shall be deemed to be and shall be in all courts and for all purposes whatsoever, the sole and proper version of such laws or parts of laws and shall supersede any earlier version thereof.

   (3) The supplement shall be laid before the National Assembly as soon as may be expedient after the issue of the order.

 

17.   Powers of Attorney-General

   (1) In the preparation of a supplement relating to the Constitution or (in so far as it forms part of the law of Zambia), alteration shall not be made in or to the Constitution or the Constitution of Zambia Act or any provisions thereof unless that alteration has been made and has come into operation in accordance with the provisions of the Constitution.

   (2) In the preparation of any other supplement referred to in section 15, the Attorney-General shall have, mutatis mutandis, the powers conferred upon the Commissioner by section 4.

   (3) Save as otherwise provided, nothing in this Act shall be taken to imply any power in the Attorney-General to make any alteration or amendment in the matter or substance of any law.

 

18.   Contents of supplements

   (1) Subject to the provisions of section four, supplements shall contain—

      (a)   all Acts, whether in operation or not;

      (b)   all rules and regulations and such other statutory instruments as appear to the Attorney-General to be of sufficient importance to be included therein;

enacted or made since the specified date, or, thereafter, since the preparation of the immediately preceding supplements.

   (2) The Attorney-General may at any time issue as a supplement of a revised index to or amendments to the index of the Laws of Zambia in such form as he may think fit.

   (3) The Attorney-General may at any time issue as a supplement a new or revised chronological table of Acts or table of contents of the Laws of Zambia or amendments to such chronological table or table of contents.

   (4) The Attorney-General may at any time issue as a supplement to any laws or parts thereof.

PART VI
MISCELLANEOUS

 

19.   Construction of references to repealed or amended laws

Wherever in any law or in any document of whatever kind, reference is made to any law repealed or otherwise affected by the operation of this Act, the reference shall, where necessary and practicable, be deemed to extend and apply to the corresponding law in the Laws of Zambia and supplements.

 

20.   Place of this Act in the Laws of Zambia

This Act shall be printed at the commencement of the Laws of Zambia.

 
 

Popular Tags