ZAMBIA CHARTERED INSTITUTE OF LOGISTICS AND TRANSPORT ACT

to provide for the establishment of the Zambia Chartered Institute of Logistics and Transport and provide for its powers and functions; constitute the National Council for the Institute and provide for its functions and powers; provide for the qualifications for membership of the Institute; provide for the registration of members to practice as logisticians or transportants; provide for the constitution of the Disciplinary Committee and other committees of the Institute; and provide for matters connected with, or incidental to, the foregoing.

[12th June, 2015]

Act 4 of 2014,

SI 32 of 2015.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Zambia Chartered Institute of Logistics and Transport Act.

2. Interpretation

In this Act, unless the context otherwise requires—

“Affiliate Member” means a person admitted as an Affiliate Member of the Institute in terms of section 27;

“allied discipline” means a discipline prescribed as such by rules of the Council;

"Board” means the Logistician and Transportants Registration Board constituted under section 20;

“Chairperson” means the Chairperson of the Disciplinary Committee provided for under section 44;

“Chartered Fellow” means a person admitted as a Chartered Fellow of the Institute in terms of section 24;

“Chartered Member” means a person admitted as a Chartered Member of the Institute in terms of section 25;

“Code of Ethics” means the code of professional conduct of the Institute provided for under section 49;

“committee” means a committee of the Institute;

“Council” means the National Council of the Institute constituted under section 12;

“Disciplinary Committee” means the Disciplinary Committee of the Institute constituted under section 44;

“Honorary Secretary” means the person elected as Honorary Secretary of the Institute at an annual general meeting of the members;

“Institute” means the Zambia Chartered Institute of Logistics and Transport established under section 4;

“logistician or transportant” means a person who has undertaken a course of study to become a logistician or transportant, or both, and includes a logistics or transport consultant and logistics or transport advisor, or a combination of both;

“Member” means a person who is a Member of the Institute in terms of section 26;

“practising certificate” means a certificate issued under section 34 authorising a member to practice as a logistician or transportant;

“President” means the person elected as President of the Institute;

“Register” means the Register provided for under section 40;

“special resolution” means a resolution passed by not less than a two-third majority of the total membership of the Council or annual general meeting duly convened with the intention to propose such a resolution; and

“Vice-President” means the person elected as the Vice-President of the Institute.

3. Superiority of Act

Subject to the Constitution, where there is an inconsistency between the provisions of this Act and the provisions of another written law relating to logisticians or transportants, the provisions of this Act shall prevail to the extent of the inconsistency.

PART II
THE ZAMBIA CHARTERED INSTITUTE OF LOGISTICS AND TRANSPORT

4. Establishment of Zambia Chartered Institute of Logistics and Transport

There is established the Zambia Chartered Institute of Logistics and Transport which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and shall, subject to the provisions of this Act, have power to do all such acts and things as a body corporate may, by law, do or perform.

5. Seal of Institute

(1) The seal of the Institute shall be such device as may be determined by the Council and shall be kept by the Honorary Secretary.

(2) The affixing of the seal shall be authenticated by the President or the Vice-President and the Honorary Secretary or one other person authorised in that behalf by a resolution of the Council.

(3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Institute by the Honorary Secretary or any other person generally or specifically authorised in that behalf by the Council.

(4) A document purporting to be under the seal of the Institute or issued on behalf of the Institute shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

6. Branches and sub-branches of Institute

(1) There shall be as many branches and sub-branches of the Institute as the Council may approve, and each branch and sub-branch shall be composed of members whose major interests lie in the particular discipline with which the branch or sub-branch is concerned.

(2) The management and control of each branch or sub-branch shall vest in a committee of Chartered Members elected annually by that branch or sub-branch.

(3) A committee of a branch or sub-branch shall be responsible for all matters affecting the branch or sub-branch including the receipt and expenditure of monies relating to its activities, other than membership subscriptions.

(4) Subject to the general directions of the Council, a branch or sub-branch may regulate its own procedures.

(5) A branch or sub-branch may be dissolved only after obtaining the prior approval of the Council.

7. Functions of Institute

(1) The functions of the Institute are to promote, encourage and co-ordinate the study of the science and art of logistics and transport in all branches.

(2) Without prejudice to the generality of sub-section (1), the Institute shall—

(a) initiate and promote investigation and research into the means and methods of, and appliances for, logistics, transport, transit and locomotion;

(b) disseminate knowledge and exchange information and ideas with regard to logistics, transport, transit and locomotion and assist in the development and improvement of logistics, transport, transit and development in the best interest of the public;

(c) design, prepare and conduct, in collaboration with other national institutions, local or foreign universities, local examining bodies, professional examinations in logistics and transport and award certificates to graduates and elevate members to higher membership classes;

(d) accredit educational programmes with examinations leading to professional grades including continuous professional development programmes;

(e) co-operate with other professional institutions in the educational sector so as to raise standards in the training of logisticians and transportants;

(f) hold regular meetings and exchange of ideas for persons interested in logistics and transport through conferences, discussion groups, lectures, seminars, presentation of papers, visits to specific logistic and transport installations and other professional activities;

(g) promote and develop any scheme to elevate the status and advance the interests of the Institute;

(h) provide means for considering problems affecting the logistics and transport profession and take any action in the interest of the profession in relation to legislative or other measures affecting the profession;

(i) liaise and co-operate with government departments and other educational and appropriate institutions or bodies, both national and otherwise, concerned with or interested in the development of logistics and transport; and

(j) do all such other things as are necessary or incidental to the carrying out of its functions under this Act.

(3) The Institute may charge and collect fees in respect of programmes, publications, seminars, consultancy services and other services provided by the Institute.

8. Rules of Institute

(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 rules of the Institute to be prescribed under section 59 and may, in like manner, amend the rules.

(2) The rules referred to in sub-section (1) shall, subject to the other provisions of this Act, regulate the conduct of the affairs of the Institute.

9. Election of President and Vice-President of Institute

(1) The President and Vice-President of the Institute shall be elected at an annual general meeting of the Institute in accordance with the rules of the Institute.

(2) The President and the Vice-President shall be Chartered Fellows of the Institute.

10. Meetings of Institute and procedure at meetings

(1) Subject to the other provisions of this Act, the Institute shall conduct its meetings in accordance with the rules of the Institute.

(2) There shall preside at a meeting of the Institute—

(a) the President;

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

(c) in the absence of the President and the Vice-President, such member as the members present may elect for the purpose of that meeting.

(3) The Institute shall hold an annual general meeting within three months of the end of each financial year in accordance with the rules of the Institute.

(4) The Institute may call a special general meeting, in accordance with the rules of the Institute, on the request of 20 members of the Institute of whom at least five members shall be Chartered Fellows and seven shall be from any other class of members, and the agenda of the meeting shall be communicated to the Council at the time of the request.

(5) Notwithstanding sub-section (4), 10 percent or more of the Chartered Members may call for an extraordinary general meeting upon giving of a shorter notice, in writing, signed by a Chartered Member, in accordance with the rules of the Institute.

(6) The Honorary Secretary shall cause to be kept minutes of all proceedings and resolutions of a meeting of the Institute, in accordance with the rules of the Institute, which shall be circulated to members within 21 days from the date of the meeting to which they relate.

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

11. Director and staff of Institute

(1) The Council shall appoint the Director of the Institute on such terms and conditions as the Council may determine.

(2) The Director shall be the Registrar for the Institute and shall be responsible for the administration of the day-to-day affairs of the Institute under the general supervision of the Council.

(3) The Council may, on such terms and conditions as it may determine, appoint such other staff of the Institute as it considers necessary for the performance of the functions of the Institute.

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