CHAPTER 106
DEFENCE ACT
Arrangement of Sections
Section
PART I
PRELIMINARY
1. Short title
2. Interpretation
3. Provisions as to active service
4. Maintenance of Defence Force
5. Employment of Defence Force
6. Employment of Defence Force outside Zambia
7. Overseas training
PART II
DEFENCE COUNCIL
8. Establishment of Defence Council
PART III
OFFICERS
9. Officers selection board
10. Grant of commissions
11. Appointment and transfer of officers
12. Regulations under this Part
PART IV
ENLISTMENT AND TERMS OF SERVICE IN THE REGULAR FORCE
ENLISTMENT
13. Recruiting officers
14. Enlistment
15. Terms of enlistment
16. Re-engagement and continuation in service
17. Prolongation of service
DISCHARGE AND TRANSFER TO RESERVE FORCE
18. Discharge
19. Transfer to Reserve Force
20. Postponement of discharge or transfer pending proceedings for offences, etc.
21. Discharge upon prescribed grounds
22. Right of soldier to purchase discharge
23. Restrictions on reduction in rank of warrant officers and non-commissioned officers
24. Right of warrant officer to discharge on reduction in rank
25. Persons enlisting in Corps of Instructors
MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
26. Rules for reckoning service
27. Validity of attestation and enlistment
28. False answers in attestation papers
PART V
DISCIPLINE AND TRIAL AND PUNISHMENT OF MILITARY OFFENCES
TREACHERY, COWARDICE AND OFFENCES ARISING OUT OF MILITARY SERVICE
29. Aiding the enemy
30. Communication with the enemy
31. Cowardly behavior
32. Offences against morale
33. Becoming prisoner of war through disobedience or wilful neglect and failing to rejoin Force
34. Offences by or in relation to sentries, etc.
35. Looting
MUTINY AND INSUBORDINATION
36. Mutiny
37. Failure to suppress mutiny
38. Insubordinate behavior
39. Disobedience to particular orders
40. Obstruction of provost officers
41. Disobedience to standing orders
DESERTION, ABSENCE WITHOUT LEAVE, ETC.
42. Desertion
43. Absence without leave
44. Assisting and concealing desertion and absence without leave
45. Falsely obtaining or prolonging leave
46. Failure to perform military duties
MALINGERING AND DRUNKENNESS
47. Malingering
48. Drunkenness
OFFENCES RELATING TO PROPERTY
49. Offences in relation to public and service property
50. Offences in relation to property of members of Force
51. Miscellaneous offences relating to property
OFFENCES RELATING TO BILLETING AND REQUISITIONING OF VEHICLES
52. Billeting offences
53. Offences in relation to requisitioning of vehicles
FLYING, ETC., OFFENCES
54. Dangerous flying, etc.
55. Inaccurate certification of aircraft, etc.
56. Low flying
57. Annoyance by flying
OFFENCES RELATING TO, AND BY, PERSONS IN CUSTODY
58. Irregular arrest and confinement
59. Permitting escape, and unlawful release of prisoners
60. Resistance to arrest
61. Escape from confinement
OFFENCES IN RELATION TO COURTS-MARTIAL
62. Offences in relation to courts-martial
63. False evidence
MISCELLANEOUS OFFENCES
64. Injurious disclosures
65. Making of false statements on enlistment
66. Making of false documents
67. Scandalous conduct of an officer
68. Ill-treatment of officers or men of inferior rank
69. Disgraceful conduct
70. False accusation, etc.
71. Attempt to commit military offences
72. Conduct to the prejudice of military discipline
CIVIL OFFENCES
73. Civil offences
PUNISHMENTS
74. Punishment of officers
75. Punishment of soldiers
76. Field punishment
ARREST
77. Power to arrest offenders
78. Provisions for avoiding delay after arrest
INVESTIGATION OF, AND SUMMARY DEALING WITH, CHARGES
79. Investigation of charges by commanding officer
80. Charges to be dealt with summarily or by court-martial
81. Further proceedings on charges against non-commissioned officers and soldiers.
82. Further proceedings on charges against officers and warrant officers
83. Dismissal of charges referred to higher authority
84. Officers who are to act as commanding officers and appropriate superior authorities
85. Limitation of powers of summary dealing with charges
COURT-MARTIAL: GENERAL PROVISIONS
86. Trial by, and powers of, court-martial
87. Officers having power to convene court-martial
88. Constitution of court-martial
89. Supplementary provisions as to constitution of court-martial
90. Place for sitting of court-martial and adjournment to other places
COURT-MARTIAL: PROVISIONS RELATING TO TRIAL
91. Challenges by accused
92. Administration of oaths
93. Court-martial to sit in open court
94. Dissolution of court-martial
95. Decisions of court-martial
96. Finding and sentence
97. Power to convict of an offence other than that charged
98. Rules of evidence
99. Privilege of witnesses and others at court-martial
100. Offences by civilians in relation to court-martial
101. Affirmations
CONFIRMATION, REVISIONS AND REVIEW OF PROCEEDINGS OF COURT-MARTIAL
102. Confirmation of proceedings of court-martial
103. Petitions against finding or sentence
104. Revision of findings of court-martial
105. Powers of confirming officers
106. Confirming officers
107. Repealed
108. Review of finding and sentence of court-martial
109. Reconsideration of sentences of imprisonment and detention
REVIEW OF SUMMARY FINDINGS AND AWARDS
110. Review of summary findings and awards
FINDINGS OF INSANITY
111. Provisions where accused found insane
COMMENCEMENT, SUSPENSIONS AND DURATION OF SENTENCES
112. Commencement of sentences
113. Duration of sentences of imprisonment and detention
114. Suspension of sentences
115. Restriction on serving of sentences of detention in prisons
116. Special provisions as to civil prisons in Zambia
117. Special provisions as to carrying out or serving sentences outside Zambia
118. Country in which sentence of imprisonment or detention to be served
119. Duties of officers in charge of prisons and others to receive prisoners
TRIAL OF PERSONS CEASING TO BE SUBJECT TO MILITARY LAW UNDER THIS ACT AND TIME
LIMITS FOR TRIALS
120. Trial and punishment of offences under this Act notwithstanding offender ceasing to be subject thereto
121. Limitation of time for trial of offences under this Act
RELATIONS ETWEEN MILITARY AND CIVIL COURTS AND FINALITY OF TRIALS
122. Powers of civil courts
123. Persons not to be tried under this Act for offences already disposed of
INQUIRIES
124. Boards of inquiry
125. Inquiries into absence
MISCELLANEOUS PROVISIONS
126. Restitution or compensation for theft, etc.
127. Appointment of judge advocates
128. Promulgation
129. Custody of proceedings of court-martial and right of accused to copy thereof
130. Indemnity for prison officers, etc.
RULES OF PROCEDURE, ETC.
131. Rules of Procedure
132. Imprisonment and Detention Regulations
133. Board of Inquiry Rules
134. Miscellaneous regulations
INTERPRETATION OF PART V
135. Interpretation of Part V
PART VI
APPEALS FROM COURTS-MARTIAL
136. Right of appeal
137. Application for leave to appeal
138. Determination of appeals in ordinary cases
139. Powers of court of appeal in special cases
140. Commencement of sentence
141. Appeals to be final
142. Proceedings may be heard in absence of appellants
143. Defence of appeals
144. Right of appellant to present his case in writing
145. Repealed
146. Person not to be tried again where conviction quashed
147. Removal of prisoners for purposes of this Part
148. Furnishing, on appeal, of documents relating to trial
149. Duties of registrar of court of appeal with respect to appeals, etc.
150. Saving of powers of reviewing authorities
151. Composition of court of appeal
152. Exercise of certain powers of court of appeal by a Judge
153. General provisions as to procedure
PART VII
FORFEITURES AND DEDUCTIONS AND ENFORCEMENT OF MAINTENANCE LIABILITIES
154. Forfeitures and deductions; general provisions
155. Forfeiture of pay for absence from duty
156. Deductions for payment of civil penalties
157. Compensation for loss occasioned by wrongful act or negligence
158. Deductions for barrack damage
159. Remission of forfeitures and deductions
160. Enforcement of maintenance and affiliation orders by deduction from pay
161. Deductions from pay for maintenance of wife or child
162. Limit of deductions under sections 160 and 161 and effect on forfeiture
163. Service of process in maintenance proceedings
PART VIII
GOVERNMENT AND GENERAL PROVISIONS
COMMAND
164. Command and precedence
165. Command of Forces
166. Regulations as to command
167. Powers of command of members of co-operating forces
REDRESS OF COMPLAINTS
168. Complaints by officers
169. Complaints by soldiers
EXEMPTIONS FOR OFFICERS AND SOLDIERS
170. Exemption from service as assessor
171. Exemption from tolls, etc.
172. Exemption from taking in execution of property used for military purposes
PROVISIONS RELATING TO DESERTERS AND ABSENTEES WITHOUT LEAVE
173. Arrest of deserters and absentees without leave
174. Proceedings before a civil court where persons suspected of illegal absence
175. Deserters and absentees without leave surrendering to police
176. Certificates of arrest or surrender of deserters and absentees
177. Duties of superintendents of prisons and others to receive deserters and absentees
OFFENCES RELATING TO MILITARY MATTERS PUNISHABLE BY CIVIL COURTS
178. Punishment for pretending to be a deserter and for procuring and assisting desertion
179. Punishment for obstructing officers or soldiers in execution of duty
180. Punishment for aiding malingering
181. Unlawful purchase, etc., of military stores
182. Illegal dealings in documents relating to pay, pensions, mobilisation, etc.
183. Unauthorised use of and dealing in decorations, etc.
PROVISIONS AS TO EVIDENCE
184. General provisions as to evidence
185. Proof of outcome of civil trial
186. Evidence of proceedings of court-martial
MISCELLANEOUS PROVISIONS
187. Temporary reception in civil custody of persons under escort
188. Avoidance of assignment of, or charge on, military pay, pensions, etc.
189. Power of certain officers to take statutory declarations
PART IX
190. Repealed
191. Repealed
192. Repealed
193. Repealed
194. Repealed
195. Repealed
196. Repealed
197. Repealed
198. Repealed
PART X
RESERVE FORCE
199. Composition
200. Discharge from Reserve
201. Reporting of Reserve
202. Embodiment
203. Postponement of discharge
204. Failure to attend on embodiment
205. Regulations under this Part
PART XI
APPLICATION OF ACT AND SUPPLEMENTARY PROVISIONS
206. Persons subject to military law
207. Application of Act to civilians
208. Application of Act to persons subject to the Acts
209. Application of Act to Home Guard and Reserve Force
210. Regulations
211. Powers exercisable in subsidiary legislation
212. Execution of orders, instruments, etc.
213. Transitional provisions
214. Exemption from Trades Licensing Act and Clubs’ Registration Act
215. Repeal of Defence Act, 1955
AN ACT
to provide for the creation and maintenance in Zambia of a Defence Force consisting of an Army comprising the Regular Force of the Army, the Territorial Force of the Army, the Army Reserve and the Territorial Army Reserve, and an Air Force comprising the Regular Force of the Air Force, the Auxiliary Air Force, the Air Force Reserve and the Auxiliary Air Force Reserve; to charge the Defence Force with the defence of Zambia and with such other duties as may from time to time be determined by the President; to provide for the creation of a Defence Council to advise the President in matters of policy and matters affecting the command, discipline and administration of the Defence Force; to provide for the commissioning, appointment and transfer of officers in the Defence Force and to set out the terms and conditions of enlistment and service of soldiers in the Regular Force of the Defence Force; to provide the conditions of discharge of soldiers from the Regular Force and for their transfer to the Reserve Force; to provide for the discipline of the Defence Force and for the trial and punishment of members of the Force who commit such military offences as are set out in the Act, or civil offences; to make provision for the arrest of members of the Defence Force who commit an offence against any provision of the Act and for the investigation of and summary dealing with charges preferred against such members; to provide for the creation and constitution of courts-martial to try persons subject to military law under the Act, for the procedure to be followed by such courts- martial, for the awarding of punishments and for the confirmation, revision and review of proceedings of courts-martial and the review of summary findings and awards; to make provision for the carrying out of sentences of imprisonment awarded by courts-martial, for a right of appeal from the decision of a court-martial to the court of appeal and for the procedure in and determination of such appeals; to provide for the enforcement of maintenance and affiliation orders against members of the Defence Force by deduction from pay and for the imposition of forfeitures and deductions from the pay of such members in certain circumstances; to set out the order of precedence of officers and soldiers of the Defence Force and to make provision for the command of the Army and the command of the Air Force and for the exemption of officers and soldiers from serving as assessors in civil courts, to provide for the arrest, of deserters and absentees without leave and for the bringing of such persons before a civil court; to set out the offences relating to military matters which are punishable by civil courts and to make provision with respect to evidence in proceedings under this Act, whether before a court-martial or a civil court; to provide for the composition of and enlistment of persons in the Territorial Force, for the training of persons enlisted in such Force, for the embodiment of such Force when necessary in the public interest, for the discharge of persons from the Force and for all other matters affecting the discipline of the Force; to provide for the composition and embodiment of the Reserve Force, for the discharge of persons from that Force and for all other matters affecting the discipline of such Force; to set out the persons who are subject to military law under the Act and generally to provide for matters incidental to or connected with the foregoing; to repeal the Defence Act, 1955, and to give effect to the transitional provisions and savings set out in the Act.
[18th September, 1964]
Act 45 of 1964,
Act 1 of 1967,
Act 32 of 1971,
Act 21 of 1985,
Act 1 of 1987,
Act 24 of 1987,
Act 18 of 1988,
Act 13 of 1994,
Act 12 of 2023,
GN 497 of 1964,
SI 8 of 1964.
PART I
PRELIMINARY
This Act may be cited as the Defence Act.
(1) In this Act, unless the context otherwise requires—
“the Acts” mean the Army Act, 1955, and Air Force Act, 1955, of the United Kingdom as amended from time to time and any enactment substituted therefor;
“acting rank” means rank of any description (however called) such that under regulations made under section 210 a commanding officer has power to order the holder to revert from that rank; and “acting warrant officer” and “acting non-commissioned officer” shall be construed accordingly;
“active service” shall be construed in accordance with section 3;
“aircraft” means any machine for flying, whether propelled by mechanical means or not, and includes any description of balloon;
“aircraft material” includes—
(a) parts of, and components of or accessories for, aircraft, whether for the time being in the aircraft or not;
(b) engines, armaments, ammunition and bombs and other missiles of any description in, or for use in, aircraft;
(c) any other gear, apparatus or instruments in, or for use in, aircraft;
(d) any apparatus used in connection with the taking-off or landing of aircraft or for detecting the movement of aircraft;
(e) any fuel used for the propulsion of aircraft and any material used as a lubricant for aircraft or aircraft material;
“air signal” means any message, signal or indication given, by any means whatsoever, for the guidance of aircraft or a particular aircraft;
“appropriate superior authority” has the meaning assigned to it by paragraph (b) of sub-section (1) of section 84;
“arrest” includes open arrest;
“before the enemy”, in relation to a person, means that he is in action against the enemy or about to go into action against the enemy, or is under attack or threat of imminent attack by the enemy;
“Board of Inquiry Rules” means rules made by the President under section 133;
“civil court” means a court of ordinary criminal jurisdiction, but does not, except where otherwise expressly provided, include any such court outside Zambia;
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