ZAMBEZI RIVER AUTHORITY ACT: INDEX TO SUBSIDIARY LEGISLATION
Zambezi River Authority (Terms and Conditions of Service) By-Laws
Zambezi River Authority (Water Tariffs) By-Laws
Zambezi River Authority (Kariba Dam Wall) By-Laws
ZAMBEZI RIVER AUTHORITY (TERMS AND CONDITIONS OF SERVICE) BY-LAWS
[Article 10]
Arrangement of By-laws
By-law
PART I
PRELIMINARY
1. Title
2. Interpretation
PART II
GENERAL
2A. Employee’s dependants
3. Probation
4. Additional remuneration
5. Hours of work
6. Retirement
7. Restructuring and re-organisation
8. Repatriation
9. Notice of resignation
10. ...
11. Misconduct
12. Conflict of interest
13. Prohibition and suspension
14. ...
15. Salary advances
16. Housing allowance
17. Overtime
18. ...
19. Danger allowance
20. Acting and responsibility allowance
21. Special skill allowance
22. ...
23. Location allowance
24. Motor vehicle loan scheme and maintenance allowance
24A. Gratuity
24B. Group accident policy
24C. Professional membership
24D. Social club membership
24E. Protective clothing or equipment
24F. Provision of loans
24G. Long service award upon retirement
24H. Provision of travel and subsistence allowances within or outside the Contracting States
24I. Communication allowance
25. ...
26. ...
27. Settling-in allowance
28. ...
29. Disturbance allowance
30. Electricity and water allowance
31. Transport and transport allowance
32. Kilometre allowance
33. ...
34. Foreign travel
35. Medical scheme
36. Specialist medical treatment
37. Medical aid for retirees
38. Group life assurance
39. Pension scheme
PART III
LEAVE
40. Grant or refusal of leave
41. Classification of employees' job titles, grades and leave days
42. Maximum continuous period of annual leave
43. Circumstances in which sick leave may be granted
44. Grant of sick leave
45. Further sick leave pending decision of medical practitioners
46. Grant of annual leave in lieu of sick leave
47. Reporting of absence from duty
48. Employee to submit to medical examination when required by the Authority
49. Leave for urgent personal reasons
50. Special leave
51. Study leave
52. Benefit payable on death
53. Terminal benefits on grounds of ill health
54. Leave benefits on retirement
55. Leave benefits on resignation
56. Leave benefits on termination
57. Application for leave
58. Notice of the grant of leave
59. Failure to resume duty after leave
60. Resumption of duty before expiry of leave
60A. Unpaid leave
60B. Mother’s day
60C. Maternity leave
60D. Paternity leave
PART IV
EMPLOYEES RETAINED FROM CENTRAL AFRICAN POWER CORPORATION
61. Former conditions of service
62. ...
63. Revocation of SI 1 of 1989
[By-laws by the Council of Ministers]
SI 2 of 1995,
SI 90 of 1997,
SI 46 of 2019,
SI 58 of 2022.
PART I
PRELIMINARY
These By-laws may be cited as the Zambezi River Authority (Terms and Conditions of Service) By-Laws.
[By-Law 1 am by by-Law 2 of SI 90 of 1997.]
In these By-laws, unless inconsistent with the context—
"Authority" means the Zambezi River Authority established by the Zambezi River Authority Act;
"basic pay" means the salary of an employee excluding any other allowances that may be payable to an employee on a monthly basis by the Authority;
[Ins by by-law 3 of SI 90 of 1997; subs by by-law 2(a) of SI 46 of 2019.]
"dependant" means—
(a) a registered spouse of an employee of the Authority; or
(b) a biological, adopted or step child of an employee who is of or below the age of 18 years or above 18 years but below 21 years and undergoing full-time education and dependent on the employee;
[Subs by by-law 2(a) of SI 46 of 2019.]
"employee" has the meaning assigned to the word in the Employment Code Act, 2019, and has the corresponding meaning in the applicable law of the other Contracting State;
[Subs by by-law 2(a) of SI 46 of 2019.]
"gross pay" means the salary of an employee including any other allowances that may be payable to an employee on a monthly basis by the Authority;
[Ins by by-law 2(b) of SI 46 of 2019.]
"Head of Department" means the person having the overall responsibility for any particular department within the Authority or in the absence of such person, any person designated to act in his place;
"leave" means leave of absence from duty;
"length of service" means the continuous period of service the employee has served with the Authority or its predecessor, which period shall be calculated from the original date of engagement;
"medical doctor" has the meaning assigned to the words in the Health Professions Act, 2009;
[Ins by by-law 2(b) of SI 46 of 2019.]
"pay" means the salary of an employee together with such allowances as may be payable to him;
"retirement age" means the age of retirement as specified in by-law 6;
"working day" means any day of the week except Saturday, Sunday, and public holidays.
PART II
GENERAL
(1) An employee shall register with the Authority a maximum of five dependants.
(2) When registering a dependant, the employee shall provide, in the case of a—
(a) child, a birth certificate, birth record, national identity card or proof of adoption; and
(b) spouse, a marriage certificate.
[By-law 2A ins by by-law 3 of SI 46 of 2019.]
(1) Subject to this by-law, a person who is offered employment by the Authority shall serve a probationary period of three months.
(2) A person shall not be confirmed to the service of the Authority without passing a medical examination conducted by a medical doctor.
(3) A person serving on probation may resign by giving 24 hours’ notice of the intention to do so.
(4) The Authority may terminate the service of a person serving on probation by giving 24 hours’ notice of the intention to do so.
(5) An employee appointed to a position in a higher grade shall serve a probationary period of three months.
(6) The Authority may dispense with the requirement for a probationary period referred to in sub-by-law (5), if the employee has acted in the position for a period ranging from three to six months prior to the promotion.
(7) An employee on probation referred to in sub-by-law (5) may resign by giving notice of intention to resign in accordance with the notice period applicable to the employee.
[By-law 3 subs by by-law 4 of SI 46 of 2019.]
Save as may otherwise be prescribed, an employee shall not be entitled to additional remuneration in respect of any duty or work which he is required to perform whether during or after the normal hours of work.
The normal hours of work shall be as laid down from time to time by the Authority.
(1) Subject to by-law 9 an employee may retire from service with the Authority on his 55th birthday or at any time thereafter and shall retire not later than his 60th birthday unless the Authority extends his retirement age in accordance with sub-by-law (2).
(2) The Chief Executive may, upon application made by an employee, at any time during six months following his 59>th> birthday, extend the employee’s retirement age to a date not later than his 65th birthday.
[By-law 6(2) am by by-law 4 of SI 90 of 1997.]
(3) By-law 9 applies with necessary modifications, to a period of notice in relation to an employee wishing to retire in terms of this by-law, except that an employee listed in Parts B, C and D of the Second Schedule whose service has been extended under sub-by-law (2), shall give three months’ notice.
[By-law 6(3) subs by by-law 5 of SI 46 of 2019.]
7. Restructuring and re-organisation
(1) Where a post of an employee becomes surplus due to the re-organisation or re-structuring of the Authority or any station of the Authority the employee shall be declared redundant or be retrenched and such employees shall be paid—
(a) a severance benefit of three months current basic pay; and
(b) a redundancy package calculated as follows—
(2) Where the Authority requires an employee to be deployed or transferred to another station on account of the re-organisation or re-structuring of the Authority or any station of the Authority and such employee is unable to be redeployed or transferred due to special circumstances, the Authority shall pay a severance benefit to such employee in accordance with sub-by-law (1).
[By-law 7(2) am by by-law 6 of SI 46 of 2019.]
(1) When an employee retires, becomes redundant or is retrenched from the service of the Authority or is discharged on medical grounds, the Authority shall meet the cost of transport for the employee and up to five dependants to the employee’s home district:
[By-law 8(1) am by by-law 7(a) of SI 46 of 2019.]
Provided that, where the employee chooses not to be repatriated to his home district, the Authority shall meet the cost of repatriation to his chosen destination subject to the cost not exceeding that to his home district.
[Proviso to by-law 8(1) am by by-law 5 of SI 90 of 1997.]
(2) Where an employee dies in service the Authority shall repatriate the dependants of the employee in accordance with sub-by-law (1).
(3) Where an employee’s service is terminated by the Authority or where he resigns from the service of the Authority, the Authority may meet the cost of road transport for the employee and up to five dependants to the employee’s home district.
[By-law 8(3) am by by-law 7(b) of SI 46 of 2019.]
(1) An employee who wishes to resign from the service of the Authority shall give notice, in writing, to the Chief Executive.
(2) The period of notice to be given in terms of sub-by-law (1) shall be—
(a) in case of an employee in a grade listed in Part A and B set out in the Second Schedule, three calendar months; and
(b) in the case of an employee in a grade listed in Part C and D set out in the Second Schedule, a calendar month or a longer period that the Authority may determine at the time of the employee’s appointment.
(3) An employee listed under sub-by-law (2) who resigns without notice shall pay the Authority one month’s salary in lieu of notice.
(4) A period spent on annual leave by an employee shall not form part of the last month of the notice period.
[By-law 9 subs by by-law 8 of SI 46 of 2019.]
[By-law 10 rep by by-law 9 of SI 46 of 2019.]
(1) An employee shall be guilty of misconduct for any of the acts specified in the First Schedule.
(2) ...
[By-law 11(2) rep by by-law 10 of SI 46 of 2019.]
(3) The code of conduct, disciplinary and grievances procedures shall be laid down in rules as determined by the Authority and such rules shall be made available to the employees of the Authority.
(4) An employee shall, on receipt of any rules specified under sub-by-law (3), sign such rules as acknowledgement of receipt of the rules.
If an employee or his spouse—
(a) acquires or holds direct or indirect pecuniary interest in any contract or knowingly acquires or holds any direct or indirect pecuniary interest in any firm or company applying or negotiating for a contract with the Authority;
[By-law 12(a) am by by-law 6 of SI 90 of 1997.]
(b) owns any immovable property in, or has direct or indirect pecuniary interest in, any firm or company and such ownership or interest results in the private interest of the employee coming into or likely to come into conflict with his official duties; or
(c) has otherwise, in his private capacity, any other direct or indirect pecuniary interest in any business of the Authority;
the employee shall forthwith report the fact to the Authority and shall thereafter comply with such direction in connection therewith as the Authority may, from time to time, give him.
13. Prohibition and suspension
(1) An employee suspected of misconduct or against whom criminal proceedings have been instituted may be prohibited by the Head of Department from carrying out the duties of his post, and the prohibition shall remain in force until cancelled by the Head of Department or otherwise under these By-Laws.
(2) Where a Head of Department prohibits an employee from carrying out the duties of his post under sub-by-law (1) the Head of Department shall immediately thereafter refer the matter to the Chief Executive of the Authority.
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