CHAPTER 109 - ZAMBIA SECURITY INTELLIGENCE SERVICE ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Zambia Security Intelligence Service Act (Commencement) Order, 1998

Zambia Security Intelligence Service (Retirement Age and Benefits) Regulations, 2006

Zambia Security Intelligence Service Regulations

ZAMBIA SECURITY INTELLIGENCE SERVICE ACT (COMMENCEMENT) ORDER, 1998

[Section 1]

Arrangements of Paragraphs

Paragraph

   1.   Title

   2.   Commencement of act No. 14 of 1998

SI 139 of 1998.

 

1.   Title

This Order may be cited as the Zambia Security Intelligence Service (commencement) Order, 1998.

 

2.   Commencement of act No. 14 of 1998

The Zambia Security Intelligence Service Act shall come into operation on the date of publication of this Order.

ZAMBIA SECURITY INTELLIGENCE SERVICE (RETIREMENT AGE AND BENEFITS) REGULATIONS, 2006

[Section 19]

Arrangement of Regulations

Regulation

   1.   Title

   2.   Interpretation

   3.   Age of retirement of intelligence officer

   4.   Application for retirement

   5.   Retirement benefits

SI 76 of 2006.

 

1.   Title

These Regulations may be cited as the Zambia Security Intelligence Service (Retirement Age and Benefits) Regulations, 2006.

 

2.   Interpretation

In these Regulations, unless the context otherwise requires–

“intelligence officer” has the meaning assigned to it by section 2 of the Act; and

“service” means the Zambia Security Intelligence Service established under the Act.

 

3.   Age of retirement of intelligence officer

   (1) Notwithstanding the provisions of section 33 of the Public Service Pension Act, 1996, and subject to sub-regulations 2, an intelligence officer shall retire on the fifth anniversary of the date of the officer’s birth.

   (2) Notwithstanding sub-regulations (1), an intelligence officer may, on giving 12 months notice, and subject to the approval of the Director-General, retire on or after attaining the age of 45 years or after completing 20 years service whichever is earlier.

 

4.   Application for retirement

An application to retire shall be submitted in writing to the Director General who shall, if satisfied–

      (a)   that the officer’s retirement shall not adversely affect the discipline, efficiency and operation of the service; and

      (b)   that funds to pay the officer’s retirement benefits are available.

 

5.   Retirement benefits

An officer who retires under Regulations 3 shall, with effect from the date of the officer’s retirement, be entitled to retirement benefits as specified in paragraph (a) or (b), as the case may be, of section 41 of the Public Service Pensions Act, 1996.

ZAMBIA SECURITY INTELLIGENCE SERVICE REGULATIONS

[Section 10]

[RETAINED AS PER SECTION 15 OF THE INTERPRETATION AND GENERAL PROVISIONS ACT]

Arrangement of Regulations

   Regulation

   1.   Title

   2.   Interpretation

   3.   Application

   4.   Contracts of Service

   5.   Recruitment interviews and staff selection

   6.   Notification of Service posts

   7.   Constitution of Service posts

   8.   Abolition of Service posts

   9.   Application for appointment

   10.   Appointments to the Service

   11.   Age of appointment

   12.   Probation

   13.   Person appointed to the Service to be given a letter

   14.   Director-General to determine suitability of candidate

   15.   Offer of permanent and pensionable appointment

   16.   Procedure where an officer holds a probationary appointment

   17.   Promotions

   18.   Transfer within the Service

   19.   Transfer from the Service

   20.   Termination of probationary appointments

   21.   Resignation by an officer on permanent and pensionable establishment

   22.   Resignation by an officer on probation

   23.   Qualification for retirement

   24.   Procedure when criminal offence has been committed

   25.   Interdiction of officer

   26.   Suspension of disciplinary proceedings pending final determination of criminal proceeding

   27.   Suspension following criminal conviction

   28.   Proceedings after acquittal of criminal charge

   29.   Offences against discipline

   30.   Punishments which may be imposed

   31.   Report and review of disciplinary proceedings

   32.   Appeals

   33.   Appeals Tribunal

   34.   Disciplinary proceedings against, and appeal by Directors

   35.   Dismissal notwithstanding pending criminal proceedings

   36.   Service of documents

   37.   Grievances

   38.   Boards of Inquiry

   39.   Committees

   40.   Annual Reports

   41.   Responsibility for stores etc.

   42.   Every officer to perform all lawful duties and obey all lawful instructions

   43.   Member of Service not to engage in any other employment

   44.   Declarations on joining the Service

   45.   Provisions of the Civil Service (Local Conditions) Pensions Act Cap. 260 to apply to officers in the service

      SCHEDULE

[Regulations by the President]

PART I
PRELIMINARY

 

1.   Title

These Regulations may be cited as the Zambia Security Intelligence Service Regulations.

 

2.   Interpretation

In these Regulations, unless the context otherwise requires—

"General Orders" means the General Orders of the Public Service;

"Officer-in-Charge" means the Director-General or any other officer appointed by the Director-General to be in control of a sector of the Service;

"responsible officer" means Officer-in-Charge;

"secretary" means secretary to the Staff Board established under section 8 of the Zambia Security Intelligence Service Act;

"Service" means the Zambia Security Intelligence Service.

 

3.   Application

   (1) These Regulations apply to all members of the Service appointed under section 4 of the Act, other than the Director-General, and the classes of persons specified in Part I of the Schedule.

   (2) Any part of the General Orders that may be necessary for application in the Service but are not provided for in these Regulations, shall be derived therefrom and applied as if the same were part of these Regulations and shall have the same force.

 

4.   Contracts of Service

A contract of service entered into prior to commencement of the Act, between a member of the Service and the Service acting on behalf of the Public Service Commission, is deemed to have been made between such member and the Service, and the provisions of these Regulations shall apply to such contract:

Provided that any such member shall not be subject to any condition of service which is less favourable to him than any corresponding condition which applied to him immediately before the said date.

PART II
APPOINTMENTS, CONDITIONS OF SERVICE (CONFIRMATION OF APPOINTMENTS, PROMOTIONS, PASSING OF PROMOTION BARS AND TRANSFERS) AND TERMINATION OF APPOINTMENTS

 

5.   Recruitment interviews and staff selection

The Director-General may, by orders or instructions, make conditions to govern the recruitment, interviews and staff selection of candidates for appointment to the Service.

 

6.   Notification of Service posts

Once in every year the Director-General shall publish by "Service Order" notice, a list of all posts.

 

7.   Constitution of Service posts

   (1) An application for establishment of a Service post, of and above the rank of Director, shall be made to the President or such other person or authority as the President may designate in that behalf, by the Director-General; and of any other rank below the rank of Director, to the Director-General, by the Director responsible for staff matters.

   (2) Every such application shall state—

      (a)   the title of the post;

      (b)   the salary scale to be attached to that post;

      (c)   whether the proposed post is to be permanent;

      (d)   the reason why that post is considered necessary or desirable;

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