ZAMBIA INSTITUTE OF MARKETING ACT

Arrangement of Sections

    Section

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
THE ZAMBIA INSTITUTE OF MARKETING

    3.    Establishment of Institute

    4.    Functions of Institute

PART III
THE COUNCIL OF THE ZAMBIA INSTITUTE OF MARKETING

    5.    Constitution of Council

    6.    Functions of Council

PART IV
REGISTRATION OF MEMBERSHIP

    7.    Marketer’s Registration Committee

    8.    Application for membership

    9.    Qualification for membership

    10.    Disqualification of member

    11.    Classes of membership

    12.    Fellow

    13.    Member

    14.    Honorary Member

    15.    Graduate Member

    16.    Student Member

    17.    Associate Member

    18.    Corporate Membership

    19.    Right to vote

    20.    Designation of members

    21.    Penalty for improper use of title or description

    22.    Register

    23.    Offences relating to practice

    24.    Offences relating to registration

    25.    Cancellation of registration

    26.    Appeal

    27.    Application for re-registration

PART V
DISCIPLINARY COMMITTEE

    28.    Disciplinary Committee

    29.    Functions of Disciplinary Committee

    30.    Proceedings of Disciplinary Committee

    31.    Powers of Disciplinary Committee

    32.    Professional misconduct

    33.    Penalties to be imposed by Disciplinary Committee

    34.    Appeals to Council

PART VI
MISCELLANEOUS

    35.    Branches of Institute

    36.    Professional fees

    37.    Professional practice

    38.    Offences and penalties

    39.    Regulations by Council

    40.    Savings and transitional provisions

    41.    Transfer of staff

        SCHEDULE

AN ACT

to establish the Zambia Institute of Marketing and to provide for its functions; to constitute the Council of the Zambia Institute of Marketing; to provide for the registration of members; and to provide for matters connected with or incidents to the foregoing.

[16th September, 2003]

Act 14 of 2003,

Act 27 of 2021.

PART I
PRELIMINARY

1.    Short title

This Act may be cited as the Zambia Institute of Marketing Act .

2.    Interpretation

In this Act, unless the context otherwise requires—

"appointed date" means the date appointed by the Minister under section 1;

"Chairperson" means—

"the Chairperson of the Registration Committee elected under sub-section (5) of section 7; or the Chairperson of the Disciplinary Committee elected under sub-section (1) of section 28";

"Council" means the Council constituted under section 5;

"corporate membership" means membership accorded to a corporate body;

"degree" means a Bachelor of Business Administration degree; Bachelor of Marketing degree; Bachelor of Commerce degree, Bachelor of Economics degree or any other degree approved by the Council;

"Disciplinary Committee" means the Disciplinary Committee of the Institute constituted under section 28;

"diploma" means a marketing diploma obtained from a recognised institution approved by the Council;

"Executive Committee" means the Executive Committee of the former Institute;

"financial year" means the period of 12 months ending 31st March in any year;

"former Institute" means the Zambia Institute of Marketing registered under the Societies Act;

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

[Ins by s 2 of Act 27 of 2021.]

"Institute" means The Zambia Institute of Marketing established under section 3;

"marketer" means any person recognised and registered as such under this Act and includes marketing and advertising consultants; and

"marketing" shall be construed accordingly;

"marketing field" includes advertising agency, marketing research agency, marketing consultancy practice, public relations agency and sales management;

"member" means a member of the Institute and "membership" shall be construed accordingly;

"practising certificate" means a certificate issued under section 8 authorising a person to practice as a marketer;

"President" means the President of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule;

"Publicity Secretary" means the Publicity Secretary of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule;

"Registrar" means the Registrar of the Institute appointed under sub-paragraph (1) of paragraph 8 of the Schedule;

"Registration Committee" means the Marketer’s Registration Committee constituted under section 7;

"related discipline" means a business discipline or professional qualification other than marketing which is approved by the Council;

"Secretary" means the Secretary of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule;

"special resolution" means a resolution passed by not less than a two-thirds majority of the total paid-up membership of the Institute duly convened with the due notice of the intention to propose such a resolution;

"Treasurer" means the Treasurer of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule;

"Vice-President" means the Vice-President of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule;

"Vice-Secretary" means the Vice-Secretary of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule;

"Vice-Treasurer" means the Vice-Treasurer of the Council elected under sub-paragraph (2) of paragraph 1 of the Schedule; and

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

[Ins by s 2 of Act 27 of 2021.]

PART II
THE ZAMBIA INSTITUTE OF MARKETING

3.    Establishment of Institute

There is hereby established the Zambia Institute of Marketing 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 as a body corporate may by law do or perform.

4.    Functions of Institute

The functions of the Institute are to—

    (a)    promote the general advancement of the marketing profession and related disciplines;

    (b)    promote, uphold and improve the standards of training, practice and professional competence of persons engaged in marketing in Zambia;

    (c)    conduct training programs accredited by the Higher Education Authority of persons in marketing;

[S 4(c) subs by s 3 of Act 27 of 2021.]

    (d)    publish text books, journals, pamphlets, newsletters or papers in marketing;

    (e)    raise the standards of marketing as a means of increasing productivity and efficiency in industry, trade and commerce;

    (f)    promote ethical and responsible practice among practitioners in the marketing profession and related disciplines;

    (g)    apply to the appropriate authorities for registration and protection of all or any badges or designations as the Institute may deem fit;

    (h)    hold meetings of the Institute for the reading and discussion of papers for professional interest and development, to make awards to authors of papers of special merit, to recognise outstanding marketing personalities and to arrange for other activities of interest or benefit to members;

    (i)    acquire, hold, take, develop, lease, hire or dispose of properties of all kinds whether movable or immovable, and to derive capital or income therefrom, for all or any of foregoing objects;

    (j)    raise or borrow money for all or any of the foregoing objects in such a manner and upon such security as may from time to time be determined by the Council or general meeting and in particular by issue of bonds, debentures, bills of exchange, promissory notes or other obligations or securities of the Institute or mortgage or charge any part of the property of the Institute;

    (k)    verify or cause to be verified by the Registration Committee qualifications of applicants for admission to membership of the Institute by examination, inquiry or otherwise in the theory or practice of marketing and grant certificates of proficiency, prizes, grants and scholarships;

    (l)    provide advisory and consultancy services in marketing; and

    (m)    do all such things as are connected with or incidental to the attainment of any of the foregoing objects.

PART III
THE COUNCIL OF THE ZAMBIA INSTITUTE OF MARKETING

5.    Constitution of Council

    (1) There is hereby constituted the Council of the Zambia Institute of Marketing.

    (2) The provisions of the Schedule shall apply to the Council.

6.    Functions of Council

The functions of the Council are to—

    (a)    exercise the functions of the Institute;

    (b)    set minimum educational qualifications for enrolment of persons as students of the Institute;

    (c)    enrol students of marketing and to keep a register of all the enroled students;

    (d)    determine fees to be paid by any member or person in respect of courses and examinations set by the Council;

    (e)    set and establish such course of study or syllabus whether graduate or otherwise as it considers necessary;

    (f)    confer certificates on persons who are successful candidates in the examinations conducted by the Council;

    (g)    set, establish and monitor standards for persons employed in marketing management;

    (h)    maintain a register of the names of all persons who are members of the Institute and the class of membership applicable to such persons;

    (i)    appoint representatives to meetings of local or international bodies where required; and