CHAPTER 394
ZAMBIA NATIONAL TENDER BOARD ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ZAMBIA NATIONAL TENDER BOARD

   3.   Establishment of Board

   4.   Composition of Board

   5.   Tenure of office and vacancies

   6.   Remuneration and allowances of members

   7.   Functions of Board

   8.   Committees of Board

   9.   Disclosure of interest

   10.   Immunity of members

   11.   Procedure and meetings

   12.   Seal of Board

   13.   Prohibition of publication or disclosure of information to unauthorised persons

PART III
ADMINISTRATION

   14.   Appointment of Director

   15.   Secretary and other staff

   16.   Inspectorate unit

   17.   Powers of inspectors, etc.

   18.   Failure to comply with prescribed procedures

   19.   Surcharge and appeals

   20.   Payment and recovery of surcharge

   21.   Resisting or obstructing inspector, etc.

PART IV
FINANCIAL AND OTHER PROVISIONS

   22.   Funds of Board

   23.   Financial year

   24.   Books of accounts

   25.   Audit of accounts

   26.   Annual report

   27.   Regulations

AN ACT

to provide for the establishment of the Zambia National Tender Board; to regulate and control the procurement of goods and services for the Government and parastatal bodies; to consolidate the law relating to tenders generally; and to provide for matters connected with or incidental to the foregoing.

[3rd August, 1990]

Act 30 of 1982,

Act 13 of 1994.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Zambia National Tender Board Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“Board” means the Zambia National Tender Board established by section 3;

“Chairman” means the Chairman of the Board appointed under section 4;

“company” means a company registered under the Companies Act;

“Director” means the Director of the Board appointed under section 14;

“member” means a member of the Board;

“parastatal body” means a statutory corporation or body, or a company in which the Government has a majority or controlling interest, and includes a local authority;

“Secretary” means the person appointed under section 15 to be Secretary to the Board.

PART II
ZAMBIA NATIONAL TENDER BOARD

3. Establishment of Board

There is hereby established the Zambia National Tender Board which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may do by law.

4. Composition of Board

   (1) The Board shall consist of a Chairman and twelve other members of whom the following shall be ex-officio members—

      (a)   the Secretary to the Cabinet;

      (b)   the Director-General of the Zambia Industrial and Mining Corporation Limited;

      (c)   the Chairman of the Zambia Consolidated Copper Mines Limited;

      (d)   the Governor of the Bank of Zambia;

      (e)   the Permanent Secretary in the Ministry responsible for finance;

      (f)   the Permanent Secretary in the Ministry responsible for development planning; and

      (g)   the Permanent Secretary in the Ministry responsible for works and supply.

   (2) The Chairman and the other members, other than the ex-officio members, shall be appointed by the President.

   (3) Where an ex-officio member is for any reasonable cause unable to attend any meeting of the Board, he may, in writing, nominate another senior official from his organisation to attend such meeting in his stead and the person so nominated shall be deemed to be a member for the purpose of such meeting.

5. Tenure of office and vacancies

   (1) The provisions of this section shall apply to members other than the ex-officio members.

   (2) Subject to the provisions of this section, a member shall hold office for a period of two years:

Provided that, a retiring member may be reappointed.

   (3) Upon the expiry of the period for which a member is appointed, he shall continue to hold office until his successor has been appointed, but in no case shall such further period exceed three months.

   (4) A member shall cease to hold office—

      (a)   subject to sub-section (3), upon the expiry of the period for which he is appointed or reappointed;

      (b)   if he is adjudged or otherwise declared to be of unsound mind;