ZAMBIA INSTITUTE OF PUBLIC RELATIONS AND COMMUNICATION ACT

Arrangement of Sections

    Section

PART I
PRELIMINARY PROVISIONS

    1.    Short title

    2.    Interpretation

PART II
THE ZAMBIA INSTITUTE OF PUBLIC RELATIONS AND COMMUNICATION

    3.    Establishment of Institute

    4.    Functions of Institute

    5.    Constitution

    6.    President and Vice-President of Institute

    7.    Meetings of Institute

PART III
THE COUNCIL OF INSTITUTE

    8.    Council of Institute

    9.    Functions of Council

    10.    Registrar and other staff

PART IV
REGISTRATION OF PRACTITIONERS AND ISSUANCE OF PRACTISING CERTIFICATE

    11.    Prohibition of practising without registration

    12.    Application for registration as practitioner

    13.    Registration of practitioner

    14.    Disqualification from registration

    15.    Title for registered practitioner

    16.    Change in details

    17.    Suspension and cancellation of registration

    18.    Re-registration

    19.    Prohibition of practising without valid practising certificate

    20.    Practising certificate

    21.    Display of practising certificate

    22.    Renewal of practising certificate

    23.    Suspension and cancellation of practising certificate

    24.    Maintenance of non-practising practitioner on Register

    25.    Prohibition of transfer of certificate of registration or practising certificate

    26.    Duplicate certificate of registration or practising certificate

    27.    Surrender of cancelled certificate of registration or practising certificate

    28.    Register

    29.    Publication of copies of Register

    30.    Offences relating to registration

PART V
DISCIPLINARY MATTERS

    31.    Code of ethics

    32.    Professional misconduct

    33.    Initiation of disciplinary action

    34.    Disciplinary Committee

    35.    Functions of Disciplinary Committee

    36.    Proceedings of Disciplinary Committee

    37.    Powers of Disciplinary Committee

    38.    Sanctions for professional misconduct by Disciplinary Committee

    39.    Report by Disciplinary Committee

    40.    Rules relating to disciplinary proceedings

PART VI
INSPECTORATE

    41.    Inspectors

    42.    Powers of inspectors

PART VII
GENERAL PROVISIONS

    43.    False or misleading statement

    44.    Appeals

    45.    Jurisdiction over acts committed outside Republic

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

    47.    Offence by principal officers of body corporate or unincorporate body

    48.    Administrative penalty

    49.    Immunity

    50.    Guidelines

    51.    Regulations

    52.    Savings and transitional provisions

        FIRST SCHEDULE

        SECOND SCHEDULE

AN ACT

to continue the existence of the Zambia Public Relations Association and re-name it as Zambia Institute of Public Relations and Communication and re-define its functions; provide for registration of public relations and communication professionals; regulate public relations and communication professionals conduct; constitute the Council of the Institute and provide for its functions; and provide for matters connected with, or incidental to, the foregoing.

[11th August, 2022]

Act 11 of 2022.

PART I
PRELIMINARY PROVISIONS

1.    Short title

This Act may be cited as the Zambia Institute of Public Relations and Communication Act.

2.    Interpretation

In this Act unless the context otherwise requires—

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

"certificate of registration" means the certificate of registration issued under section 13;

"Chairperson" means the person appointed Chairperson of the Disciplinary Committee under section 34;

"code of ethics" means the code of professional ethics developed and published by the Institute for the purposes of this Act;

"constitution" means a constitution of the Institute adopted in accordance with section 5;

"Council" means the Council of the Zambia Institute of Public Relations and Communication constituted under section 8;

"council member" means a person elected or nominated as a council member under section 8;

"disciplinary code" means the disciplinary code developed by the Council to regulate the conduct of the professionals;

"Disciplinary Committee" means the Disciplinary Committee of the Institute constituted under section 34;

"Higher Education Authority" means the Higher Education Authority established under the Higher Education Authority Act;

"higher education institution" has the meaning assigned to the words in the Higher Education Act;

"Institute" means the Zambia Institute of Public Relations and Communication established under section 3;

"Law Association of Zambia" means the Law Association of Zambia established under the Law Association of Zambia Act;

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

"legal practitioner" has the meaning assigned to the word "practitioner" in the Legal Practitioners Act;

"member" means a person registered as a member of the Institute in accordance with the provisions of the constitution and "membership" shall be construed accordingly;

"practitioner" means a person who possesses knowledge, training or experience in public relations, media relations, corporate communication, stakeholder relations, development communication, strategic communication, trainers in communication, public affairs, public communication, reputation management and advisory services related thereto and is registered under this Act;

"practising certificate" means a practising certificate issued under section 20;

"President" means the person elected as President of the Institute under section 6;

"professional misconduct" means the conduct referred to under section 32;

"Register" means a Register of the Institute referred to under section 28;

"Registrar" means the person appointed as Registrar of the Institute under section 10;

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

"student" means a person who is enrolled at a higher education institution recognised by the Institute and undergoing training in public relations and communication;

"Vice-Chairperson" means a person appointed as Vice-Chairperson of the Disciplinary Committee under section 34;

"Vice-President" means a person elected as Vice-President of the Institute under section 6; and

"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act.

PART II
THE ZAMBIA INSTITUTE OF PUBLIC RELATIONS AND COMMUNICATION

3.    Establishment of Institute

    (1) The Zambia Public Relations Association registered under the Societies Act is continued as if established under this Act and re-named as the Zambia Institute of Public Relations and Communication.

    (2) The Institute is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power, subject to this Act, to do acts and things that a body corporate may, by law, do or perform.

    (3) The First Schedule applies to the Institute.

4.    Functions of Institute

    (1) The functions of the Institute are to—

    (a)    register practitioners and regulate their professional conduct;

    (b)    promote alternative dispute resolution mechanisms for disputes in the public relations and communication profession;

    (c)    collaborate with State institutions on matters relating to the public relations and communication profession;

    (d)    advise Government on matters relating to the public relations and communication profession;

    (e)    undertake research in public relations and communication profession matters;

    (f)    promote and encourage internationally accepted public relations and communication best practice standards in the Republic;

    (g)    promote the public relations and communication profession in the Republic;

    (h)    recommend the development and maintenance of appropriate standards of qualifications in the public relations and communication profession to the Zambia Qualifications Authority;

    (i)    publish any journal, newsletters and other publications relating to public relations and communication profession;

    (j)    promote the rights of the public relations and communication profession;

    (k)    enforce continuing professional development requirements for practitioners; and

    (l)    collaborate with higher education institutions, Government departments and other institutions to improve the quality of the public relations and communication profession.

    (2) The Institute may—

    (a)    determine the fees payable for an inspection conducted or other services rendered for the purposes of this Act; and

    (b)    determine what portion of any fee is payable in respect of any part of a year and the date on which the fee or portion of the fee is payable.

5.    Constitution

    (1) The Institute shall, by a vote of at least two thirds of the members voting at a general meeting of the Institute adopt the constitution and may, in like manner amend it.

    (2) Subject to this Act, the constitution shall regulate the conduct of the affairs of the Institute.

    (3) Subject to sub-section (1), the constitution shall provide for the following matters—

    (a)    meetings of the Institute including the delivery of notices of the meetings, the quorum, voting, adjournments and other matters of procedure or conduct of the meetings;

    (b)    elections, qualifications and tenure of the President, Vice-President and other office bearers;

    (c)    composition, functions, powers and procedures of the committees of the Institute;

    (d)    classes of membership, their rights, privileges and obligations; and

    (e)    any other matter as the membership may determine.

6.    President and Vice-President of Institute

The members shall elect the President and Vice-President of the Institute in accordance with the provisions of the constitution.

7.    Meetings of Institute

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

    (2) The meetings of the Institute shall be conducted in accordance with the provisions of the constitution.

    (3) The validity of any proceeding, act or decision of the Institute shall not be affected by a person’s absence from a meeting of the Institute or by reason that a person not entitled to do so took part in the proceedings of a meeting of the Institute.

PART III
THE COUNCIL OF INSTITUTE

8.    Council of Institute

    (1) There is constituted the Council of the Institute which is responsible for the management and control of the affairs of the Institute.

    (2) The Council consists of the following part-time members elected in accordance with the provisions of the constitution—

    (a)    President of the Institute as Chairperson;

    (b)    Vice-President of the Institute as Vice-Chairperson;

    (c)    Treasurer;

    (d)    Secretary; and

    (e)    five other professional members.

    (3) A person does not qualify to be elected as a council member if that person—

    (a)    is found guilty of professional misconduct under this Act within a period of one year preceding the election as a member;