FOOD RESERVE ACT

to continue the existence of the Food Reserve Agency and re-define its functions; re-constitute the Board of the Agency; to continue the existence of the National Strategic Food Reserve; to repeal and replace the Food Reserve Act, 1995; and to provide for matters connected with, or incidental to, the foregoing.

[26th October, 2020]

Act 6 of 2020.

PART I
PRELIMINARY PROVISIONS

1. Short title

This Act may be cited as the Food Reserve Act.

2. Interpretation

In this Act, unless the context otherwise requires-

"Agency" means the Food Reserve Agency continued under section 3;

"associate" has the meaning assigned to the word in the Anti-Corruption Act;

"Board" means the Board of the Agency constituted under section 6;

"Chairperson" means the person elected as Chairperson of the Board under section 6;

"committee" means a committee of the Board constituted under section 11;

"designated agricultural commodity" means cereal oilseed, stockfeed and other agricultural food commodity designated as essential for the food security of the country under section 21;

"emoluments" has the meaning assigned to the word in the Constitution;

"Emoluments Commission" means the Emoluments Commission established under the Constitution;

"Executive Director" means the person appointed as Executive Director of the Agency under section 15;

"legally disqualified" means the absence of legal capacity as provided in section 4 of the Mental Health Act;

"marketing season" means the period from the 1st May in each year to the 30th April of the following year;

"member" means a member of the Board or a committee of the Board;

"National Food Balance Sheet" means an annual comprehensive compilation of selected food supply and demand for the Republic for a specific period by the Ministry responsible for agriculture in collaboration with the Zambia Statistics Agency;

"National Strategic Food Reserve" means an inventory or stockpile of designated agricultural commodities maintained by the Agency for purposes of food security in accordance with section 19;

"processor" means a person who converts or transforms, on a commercial scale, any designated agricultural commodity into a finished or semi-finished product;

"producer" means a person who grows a designated agricultural commodity;

"purchaser" means a person who directly or indirectly purchases for oneself, or for another person a designated agricultural commodity;

"relative" has the meaning assigned to the word in the Anti-Corruption Act;

"repealed Act" means the Food Reserve Act;

"Secretary" means the person appointed as Secretary under section 16;

"shortfall" means the non-availability of a sufficient quantity of a designated agricultural commodity supplied through domestic production, food stocks or imports as defined in the National Food Balance Sheet;

"trader" means a person who, as broker, dealer, marketing company, or other purchaser, acquires any designated agricultural commodity from a producer or any other person through a purchase or otherwise, for the purpose of resale; and

"Vice-Chairperson" means the person elected as Vice-Chairperson of the Board under section 6.

PART II
FOOD RESERVE AGENCY

3. Continuation of Food Reserve Agency

(1) The Food Reserve Agency established under the repealed Act is continued as if established under this Act.

(2) The Agency is a body corporate with a common seal, capable of suing and being sued and, subject to this Act, of performing acts that a body corporate may by law do or perform.

4. Seal of Agency

(1) The seal of the Agency shall be a device that may be determined by the Agency and shall be kept by the Secretary.

(2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and in the absence of the Chairperson, the Secretary or any other person authorised in that behalf by a resolution of the Board.

(3) A contract or instrument which, if entered into, or executed by a person, not being a body corporate, is not required to be under seal, may be entered into or executed without seal on behalf of the Agency by the Executive Director or any other person authorised in that behalf by a resolution of the Board.

(4) A document purporting to be a document under the seal of the Agency or issued on behalf of the Agency shall be received in evidence and shall be executed or issued without further proof, unless the contrary is proved.

5. Functions of Agency

(1) The function of the Agency is to manage the National Strategic Food Reserve established under Part III.

(2) Despite the generality of sub-section (1), the functions of the Agency are to-

(a) market and trade a designated agricultural commodity;

(b) purchase, import, sell, trade or export a designated agricultural commodity;

(c) establish, manage, lease, and maintain a storage facility and equipment to be used in relation to a designated agricultural commodity;

(d) collect information related to the marketing of a designated agricultural commodity; and

(e) advise the Minister on matters relating to the National Strategic Food Reserve.

6. Board of Agency

(1) There is constituted a Board of the Agency which consists of the following part-time members appointed by the Minister-

(a) a representative each of an association representing-

(i) small scale farmers;

(ii) large scale farmers;

(iii) millers; and

(iv) grain traders;

(b) a representative of the Attorney-General;

(i) agriculture;

(ii) fisheries and livestock;

(iii) finance; and

(iv) commerce, trade and industry; and

(d) two persons with proven knowledge and experience in matters relevant to this Act.

(2) The ministries, institutions, or organisations under sub-section (1)(a), (b) and (c) shall nominate their representatives for appointment by the Minister.

(3) The members shall elect the Chairperson and Vice-Chairperson from among themselves.

(4) The Chairperson shall not be elected from members under sub-section (1)(b) and (c).

(5) The members under sub-section (1)(a), shall possess knowledge and experience relevant to this Act.

(6) A person shall not be appointed as a member of the Board if that person-

(a) is not a citizen;

(b) is an employee of the Agency;

(c) is convicted of an offence under this Act or any written law and is sentenced to imprisonment for a period exceeding six months without the option of a fine;

(d) is legally disqualified; or

(e) is an undischarged bankrupt.

7. Functions of Board

(1) Subject to this Act, the Board shall perform the functions of the Agency and provide strategic policy direction to the Agency.

(2) Despite sub-section (1), the functions of the Board are to-

(a) promote effective corporate governance of the Agency;

(b) formulate the policies and strategies of the Agency;

(d) approve the annual budget estimates and financial statements of the Agency.

8. Delegation of functions

(1) The Board may, by direction in writing and on conditions that the Board considers necessary, delegate to the Executive Director any of its functions under this Act.

(2) A delegation made under sub-section (1) shall not prevent the Board from performing the function so delegated.

(3) The Minister may give to the Board directions, which are consistent with this Act, relating to the performance of its functions and the Board shall give effect to those directions.

9. Tenure of office for members and vacancy

(1) A member of the Board shall hold office for a term of three years and may be re-appointed for a further term of three years on terms and conditions that may be specified in the instrument of appointment but shall not consecutively hold office for more than two terms.

(2) On the expiration of the term for which a member is appointed, the member shall continue to hold office until another member is appointed, but in no case shall the further period exceed three months.

(3) The office of a member shall become vacant if that member-

(a) dies;

(b) is adjudged bankrupt;

(c) is absent from three consecutive meetings of the Board, of which the member has had notice, without the prior approval of the Board;

(d) resigns;

(e) becomes legally disqualified;

(f) is found guilty of professional misconduct;

(g) is convicted of an offence under this Act or any written law and is sentenced to imprisonment for a period exceeding six months without the option of a fine; or

(h) ceases to be a representative of the ministry, institution, or organisation that nominated or appointed that member to sit on the Board.

(4) The Minister shall, where there is a vacancy in the membership of the Board, before the expiry of the term of office, appoint another person to replace that member but the person appointed shall hold office for the remainder of that term.

10. Proceedings of Board

(1) Subject to this Act, the Board may regulate its own procedure.

(2) The Board shall meet at least once every three months at a place that the Board may determine.

(3) The Chairperson shall, on giving notice of not less than seven days, call a meeting of the Board, if one-third or more of the members so request, in writing, except that if the urgency of a particular matter does not permit the giving of notice, a special meeting may be called on giving shorter notice.

(4) The quorum of the Board at any meeting shall be two-thirds of the members.

(5) There shall preside at a meeting of the Board-

(a) the Chairperson;

(b) in the absence of the Chairperson, the Vice-Chairperson; or

(c) in the absence of the Chairperson and the Vice-Chairperson, a member elected from among the members present at the meeting for the purpose of that meeting.

(6) A decision of the Board on any question shall be by a majority of members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have, in addition to a deliberative vote, a casting vote.

(7) Where a member is for any reason unable to attend the meeting of the Board, the member may, in writing, nominate another person from the same ministry, institution or organisation to attend the meeting in that member's place and that person shall be deemed to be a member for the purpose of that meeting but that person shall have no vote.

(8) The Board may invite any person, including an observer, whose presence, in its opinion, is desirable to attend and participate in the deliberation of a meeting of the Board, but that person or observer shall have no vote.

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

11. Committees

(1) The Board may, for the purpose of exercising its powers and the effective and efficient performance of the functions of the Agency, constitute committees and delegate to the committees functions of the Agency that it considers necessary.

(2) The Board may appoint, as members of a committee, persons who are or are not members of the Board and those persons shall hold office for a period that the Board may determine.

(3) A committee shall have the power to invite any person whose presence, in its opinion, is desirable to attend and participate in the deliberations of the meeting of the committee but that person shall have no vote.

(4) A person presiding at a meeting of a committee shall cause a record to be kept of the proceedings of the meeting and shall cause to be submitted to the Board that record, as soon as possible after a meeting of the committee.

(5) Subject to any specific or general direction of the Board and other provisions of this section, a committee may regulate its own procedure at a meeting.

12. Allowances

A member shall be paid allowances that the Emoluments Commission may, on the recommendation of the Minister, determine.

13. Disclosure of interest

(1) If any person is present at a meeting of the Board or a committee of the Board at which any matter, in which that person or any member of that person's relative or associate is directly or indirectly interested in a private capacity, is the subject of consideration, that person shall, as soon as practicable during the meeting disclose that interest and shall not, unless the Board or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter.

(2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which the disclosure is made.

14. Prohibition of publication or disclosure of information to unauthorised person

(1) A person shall not, without the consent in writing given by or on behalf of the Board or as otherwise permitted by any written law, publish or disclose to any other person, otherwise than in the course of that person's duties, the contents of any document, communication or information whatsoever, which relates to, and which has come to that person's knowledge in the course of, that person's duties under this Act.

(2) A person who contravenes sub-section (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

(3) A person who, having information which to the knowledge of that person has been published or disclosed in contravention of sub-section (1), unlawfully publishes or communicates that information to any other person, that person commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

(4) Nothing in this section shall be interpreted to prohibit the publication and dissemination of a final decision of the Board.

15. Executive Director

(1) The Board shall appoint the Executive Director who is the chief executive officer of the Agency and is, subject to the control of the Board, responsible for the day-to-day administration of the Agency.

(2) The Executive Director shall attend meetings of the Board as an ex-officio member and may address those meetings, but shall not vote on any matter.

16. Secretary and other staff of Agency

(1) The Board shall appoint the Secretary and other staff that may be necessary for the performance of the functions of the Board.

(2) The Secretary is, under the general direction of the Executive Director, responsible for the corporate secretarial affairs of the Board.

17. Emoluments and other conditions of service of Executive Director, Secretary and other staff

(1) The Emoluments Commission shall, on the recommendation of the Board, determine the emoluments of the Executive Director, Secretary and other staff of the Agency.

(2) The Board shall determine the conditions of service, other than emoluments, of the Executive Director, Secretary and other staff of the Agency.

18. Immunity of member, committee and employee

An action or other proceeding shall not lie or be instituted against a member, a committee or a member of staff of the Agency, for or in respect of any act or thing done or omitted to be done in good faith in the exercise or performance of any of the powers or functions conferred under this Act.

PART III
THE NATIONAL STRATEGIC FOOD RESERVE

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