CHAPTER 121 - ZAMBIA NATIONAL SERVICE ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

National Service (General) Regulations

Zambia National Service (Pensions) (Application) Regulations

Zambia National Service (Zambia Combined Cadet Force) (Exemption) Order

Zambia Service (Obligatory Service) (Exemption) Order

Zambia National Service (Officers) (Application) Regulations, 2009

NATIONAL SERVICE (GENERAL) REGULATIONS

[Section 50]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

PART II
REGISTRATION

   3.   National Service register

PART III
ENLISTMENT NOTICE

   4.   Enlistment notice

   5.   Postponement certificate

   6.   Appeal to the Minister

PART IV
NATIONAL SERVICE HARDSHIP COMMITTEES

   7.   National Service Hardship Committees

PART V
TRAINING IN SERVICE

   8.   Training

   9.   Leadership course

   10.   Period not counted as service

PART VI
GENERAL PROVISIONS

   11.   Servicemen’s monthly allowance

   12.   Record of servicemen

   13.   Proportion of monthly total earning prescribed under section 5 (4)

   14.   Registrar’s duty to notify the Commander of the Home Guard

PART VII
BRANCHES, CAMPS, UNITS AND RANKS IN THE SERVICE

   15.   Branches and units of the Service

   16.   Ranks in the Service

PART VIII
UNIFORMS, WEAPONS AND OTHER MILITARY STORES

   17.   Interpretation

   18.   Uniforms, weapons, etc.

PART IX
STAFF REGULATIONS

   19.   Probation period

   20.   Salary scale

   21.   Resignation, discharge or retirement

   22.   Housing

   23.   Leave

   24.   Travel benefits

   25.   Medical treatment

   26.   Seconded members

PART X
PREPARATION OF A CHARGE SHEET

   27.   Provisions applicable to offences under Part IX of the Act

   28.   Offences to be specified in charge sheet with necessary particulars

   29.   Joinder of two or more accused in one charge

   30.   Procedure rules in dealing with charges summarily

PART XI
TRIAL PROCEDURE

   31.   Trial procedure

PART XII
ADVISORY COMMITTEE

   32.   Composition of Advisory Committee

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

      FIFTH SCHEDULE

      SIXTH SCHEDULE

[Regulations by the Minister]

SI 2 of 1973,

SI 128 of 1985,

SI 58 of 2000.

PART I
PRELIMINARY

 

1.   Title

These Regulations may be cited as the National Service (General) Regulations.

 

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“Act” means the Zambia National Service Act.

“Hardship Committee” means the National Service Hardship Committee appointed under section 12 of the Act;

“register” means the National Service register required to be kept by the Registrar under the provisions of section 8 of the Act.

“Service” means the Zambia National Service established under section 3 of the Act.

PART II
REGISTRATION

 

3.   National Service register

   (1) The Registrar shall keep a National Service register and shall cause to be entered therein the names and such other particulars, as he may deem necessary, of persons liable under the Act to be called up for the Service.

   (2) A person who becomes liable to be called upon to serve in the Service shall within three months of his so becoming liable report in person to the District Executive Secretary of the District in which he resides and furnish his names and such other particulars as may be required for entering the same in the register.

   (3) A citizen who wishes to be enlisted voluntarily under the provisions of sub-section (1) of section 5 of the Act shall furnish to the office of the District Executive Secretary of the District in which he resides, his names and such other particulars as may be required for entering the same in the register.

   (4) The heads of Secondary Schools shall furnish to the Registrar the names of, and such other particulars as may be required by the Registrar relating to, the students leaving such schools after completing Form V or its equivalent.

   (5) The institutions mentioned in the First Schedule hereto are hereby prescribed for the purposes of paragraph (c) of the Second Schedule to the Act.

   (6) The Registrar of the University of Zambia and the heads of the institutions mentioned in the First Schedule hereto shall furnish to the Registrar the names of, and such other particulars as may be required by the Registrar relating to, the students attending the University or institutions mentioned in the First Schedule hereto.

   (7) The Secretary of the Bursaries Committee of the Government and the Director of Civil Service Training shall furnish to the Registrar the names of, and such other particulars as may be required by the Registrar relating to, the students on the list of students receiving bursaries and studying outside Zambia.

PART III
ENLISTMENT NOTICE

 

4.   Enlistment notice

   (1) The Registrar may cause to be served on any person who is liable to be called up for the Service under the Act a written notice (hereinafter called “enlistment notice”).

   (2) The enlistment notice shall be in the form prescribed in the Second Schedule hereto and shall be issued not less than one month before the person is called up for the Service.

   (3) In a case where transport is not provided by the Service, there shall be paid to a person required to present himself in accordance with an enlistment notice served upon him, such cheapest bus or train fare, from his usual place of residence to the place where he is required to present himself, as he may have actually paid.

 

5.   Postponement certificate

   (1) Any person upon whom an enlistment notice has been served or his employer may apply to the Hardship Committee for a postponement certificate or a renewal of postponement certificate, as the case may be, in the form prescribed in the Third Schedule.

   (2) In determining an application for the grant or renewal of a postponement certificate regard shall be had to such matters as may be mentioned in the application.

 

6.   Appeal to the Minister

A person aggrieved by the determination of a Hardship Committee may appeal to the Minister in the form prescribed in the Fourth Schedule hereto.

PART IV
NATIONAL SERVICE HARDSHIP COMMITTEES

 

7.   National Service Hardship Committees

   (1) A Hardship Committee shall be established in each district of Zambia.

   (2) A Hardship Committee shall consist of the District Executive Secretary who shall be the Chairman of the Committee and three other members appointed by the Minister on the recommendation of the Cabinet Minister for the Province.

   (3) A Hardship Committee shall meet as often as the Chairman considers necessary for the disposal of applications for postponement certificates or renewals thereof:

Provided that, it shall meet not less than three times in a year.

   (4) At any meeting of a Hardship Committee, three members shall constitute a quorum.

   (5) If the District Executive Secretary is absent at any meeting of a Hardship Committee, the members present shall elect one of them as Chairman of the meeting.

   (6) Each member of a Hardship Committee shall have one vote at any meeting of the Committee and the Chairman shall have a casting vote in addition to a deliberate vote.

   (7) The Assistant District Executive Secretary of the District for which a Hardship Committee is established shall be the Secretary of the Hardship Committee, but he shall not be considered a member of the Hardship Committee.

   (8) An application for a postponement certificate or for a renewal thereof shall be sent to the office of the District Secretary.

   (9) A person who is—

      (a)   mentally ill; or

      (b)   blind; or

      (c)   physically handicapped; or

      (d)   serving a sentence of imprisonment or is in detention;

shall during the period of any of the disabilities mentioned in paragraphs (a) to (d), be exempt from liability under the Act to be called up for the Service.

PART V
TRAINING IN SERVICE

 

8.   Training

   (1) The Service may offer to the Servicemen the following training, that is to say—

      (a)   military training;

      (b)   training in agriculture;

      (c)   training in trades and skills;

      (d)   political education;

      (e)   training in culture of Zambia; and

      (f)   any other training which the Commandant may consider necessary.

   (2) Training mentioned in paragraphs (a), (b) and (e) of sub-regulation (1) shall be given to all Servicemen.

 

9.   Leadership course

   (1) A leadership course of thirty days shall be organised and run by the Service.

   (2) The following classes of persons shall be eligible to join a leadership course:

      (a)   Cabinet Ministers;

      (b)   Deputy Ministers;

      (c)   Members of the National Assembly;

      (d)   District Executive Secretaries;

      (e)   Public officers of and above the rank of Assistant Secretary;

      (f)   Councillors of a council as defined in the Local Government Act;

      (g)   Heads of the instutions mentioned in the First Schedule hereto and heads of all secondary schools in Zambia;

      (h)   such senior members of the staff of any company or association or body of persons, corporate or unincorporate in which the Government holds, directly or indirectly, any shares or any other interest as may be nominated by such company or association, or body of persons in consultation with the Commandant.

   (3) The Commandant shall in consultation with the persons mentioned in sub-regulation (2) make arrangements for them to attend the leadership course mentioned in sub-regulation (1) at such places and times as may be found mutually convenient.

 

10.   Period not counted as service

A Serviceman shall be deemed not to be serving with the Service during any period—

      (a)   when he is serving a sentence of imprisonment; or

      (b)   when he is absent without leave; or

      (c)   before he first presents himself pursuant to an enlistment notice.

PART VI
GENERAL PROVISIONS

 

11.   Servicemen’s monthly allowance

There shall be paid to a Serviceman who is not in receipt of any other income for or during the period he spends with the Service a monthly allowance of K6.

 

12.   Record of Servicemen

   (1) There shall be maintained in the register a record of every Serviceman as follows:

      (a)   a photograph with his signature endorsed on it;

      (b)   name, address and other particulars;

      (c)   progress report;

      (d)   leave of absence;

      (e)   sick leave;

      (f)   character; and

      (g)   distinction obtained.

   (2) When a Serviceman completes satisfactorily his period of service in accordance with the provisions of the Act, he shall be issued with a certificate to that effect.

 

13.   Proportion of monthly total earning prescribed under section 5 (4)

The proportion of monthly total earning which a member is required to pay the Service under sub-section (4) of section 5 of the Act is ten per centum of his monthly total earning.

 

14.   Registrar’s duty to notify the Commander of the Home Guard

The Registrar shall provide in writing the Commander of the Home Guard with the names of, and such other particulars as the Commander may require of, all Servicemen who complete their engagement with the Service under the provisions of sub-section (2) or paragraph (a), (b) or (c) of sub-section (3) of section 5 of the Act.

PART VII
BRANCHES, CAMPS, UNITS AND RANKS IN THE SERVICE

 

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