CHAPTER 16
PARLIAMENTARY AND MINISTERIAL CODE OF CONDUCT ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
CODE OF CONDUCT APPLICABLE TO ALL MEMBERS

   3.   Relationship between this Part and the Constitution

   4.   Member not to acquire dishonestly any pecuniary advantage

   5.   Member to disclose pecuniary interest to National Assembly

   6.   Declarations of interest in Government contracts

   7.   Failure to make declaration or making of false declaration under section 10

PART III
SUPPLEMENTARY PROVISIONS NOT APPLICABLE TO ALL MEMBERS

   8.   Relationship between this Part and the Constitution

   9.   Collective responsibility of Ministers

   10.   Annual declaration of assets, liabilities and income

PART IV
ADMINISTRATION AND ENFORCEMENT

   11.   Registration of declarations of interest and of assets

   12.   Declarations deemed to be statutory declarations

   13.   Complaints of breaches of Part II

   14.   The Tribunal

   15.   Payment of fees, remuneration or expenses

   16.   Complaints of breaches of Part III

PART V
MISCELLANEOUS

   17.   Offence of false allegation

   18.   This Act does not prevent Member or Minister from resigning

   19.   This Act does not derogate from other Acts

   20.   Regulations

AN ACT

to establish a code of conduct for Ministers and Deputy Ministers for the purposes of Article 52 of the Constitution; to establish a code of conduct for Members of the National Assembly for the purposes of Article 71 of the Constitution; and to provide for matters connected with or incidental to the foregoing.

[21st October, 1994]

Act 35 of 1994.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Parliamentary and Ministerial Code of Conduct Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“Constitution” means the Constitution of the Republic of Zambia;

“Member” means any Member of the National Assembly (including a person holding Ministerial office);

“Ministerial office” means any office of Vice-President, Minister or Deputy Minister;

“tribunal” means a tribunal appointed under section 13.

PART II
CODE OF CONDUCT APPLICABLE TO ALL MEMBERS

3. Relationship between this Part and the Constitution

   (1) The provisions of this Part shall constitute part of the code of conduct for Members for the purposes of the Constitution, a breach of which results in the vacation of the seat of the Member concerned.

   (2) The provisions of this Part, in their application to Ministers and Deputy Ministers, shall constitute part of the code of conduct for Ministers for the purposes of the Constitution.

4. Member not to acquire dishonestly or improperly any pecuniary advantage

A Member shall be considered to have breached the code of conduct if he knowingly acquires any significant pecuniary advantage, or assists in the acquisition of pecuniary advantage by another person, by—

      (a)   improperly using or benefitting from information which is obtained in the course of his official duties and which is not generally available to the public;

      (b)   disclosing any official information to unauthorised persons;

      (c)   exerting any improper influence in the appointment, promotion, or disciplining or removal of a public officer;

      (d)   directly or indirectly converting Government property for personal or any other unauthorized use; or