ZAMBIA INSTITUTE OF MARKETING ACT
Arrangement of Sections
Section
PART I
PRELIMINARY PROVISION
1. Short title
2. Interpretation
PART II
THE ZAMBIA INSTITUTE OF MARKETING
3. Continuation of Zambia Institute of Marketing
4. Functions of Institute
5. Constitution of Institute
6. President and Vice-Presidents of Institute
7. Meetings of Institute
8. Council of Institute
9. Functions of Council
10. Registrar and other staff
PART III
REGISTRATION OF MARKETERS AND ISSUANCE OF PRACTISING CERTIFICATES
11. Registration of marketer
12. Prohibition of practising without registration
13. Application for registration as marketer
14. Issuance of certificate of registration
15. Disqualification from registration
16. Title for registered marketer
17. Change in details
18. Suspension and cancellation of registration
19. Re-registration
20. Prohibition of practising without valid practising certificate
21. Practising certificate
22. Display of practising certificate
23. Renewal of practising certificate
24. Suspension and cancellation of practising certificate
25. Surrender of cancelled certificate of registration or practising certificate
26. Prohibition of transfer of certificate of registration or practising certificate
27. Duplicate certificate of registration or practising certificate
28. Register
29. Maintenance of non-practising marketer on register
30. Publication of copies of register
31. Offences relating to registration
PART IV
ADVERTISING IN MARKETING
32. Establishment of Advertising Standards Board
33. Proceedings of Board
PART V
DISCIPLINARY MATTERS
34. Code of ethics
35. Professional misconduct
36. Initiation of disciplinary action
37. Professional Conduct Committee
38. Referring of matters to Professional Conduct Committee
39. Functions of Professional Conduct Committee
40. Proceedings of Professional Conduct Committee
41. Sanctions for marketer by Professional Conduct Committee
42. Disciplinary Committee
43. Functions of Disciplinary Committee
44. Proceedings of Disciplinary Committee
45. Powers of Disciplinary Committee
46. Sanctions for professional misconduct by Disciplinary Committee
47. Reports by Disciplinary Committee
48. Rules relating to disciplinary proceedings
PART VI
INSPECTORATE
49. Inspectors
50. Power of entry, search and inspection
PART VII
GENERAL PROVISIONS
51. Branches of Institute
52. Professional fees
53. False or misleading statement
54. Appeals
55. Jurisdiction over acts committed outside Republic
56. Offences by principal officers of body corporate or unincorporate body
57. Administrative penalty
58. Guidelines
59. Regulations
60. Repeal of Act No. 14 of 2003
AN ACT
to continue the existence of the Zambia Institute of Marketing and redefine its powers and functions; promote and enhance the marketing profession; provide for the registration of marketers and regulate their practice and professional conduct; repeal and replace the Zambia Institute of Marketing Act, 2003; and provide for matters connected with, or incidental to, the foregoing.
[20th May, 2022]
Act 2 of 2022,
Act 15 of 2023.
SI 35 of 2022.
PART I
PRELIMINARY PROVISION
This Act may be cited as the Zambia Institute of Marketing Act.
In this Act, unless the context otherwise requires—
"associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012;
"Board" means the Advertising Standards Board established under section 32;
"board member" means a person appointed as a board member under section 32;
"certificate of registration" means the certificate of registration issued under section 14;
"Chairperson" means the person appointed Chairperson of the Disciplinary Committee under section 42;
"chairperson" means the person appointed chairperson of the Board or a Professional Conduct Committee under sections 32 and 37 respectively;
"code of ethics" means the code of professional conduct and ethics adopted and published by the Institute for the purposes of this Act;
"Committee" means the Marketers’ Registration Committee established under section 11;
"Competition and Consumer Protection Commission" means the Competition and Consumer Protection Commission established under the Competition and Consumer Protection Act, 2010;
"constitution" means the constitution of the Institute adopted in accordance with section 5;
"Council" means the Council of the Institute constituted under section 8;
"council member" means a person elected as a council member under section 8;
"Disciplinary Committee" means the Disciplinary Committee of the Institute constituted under section 42;
"Fellow" means a marketer registered under the Fellow class of membership in accordance with the constitution;
"Higher Education Authority" means the Higher Education Authority established under the Higher Education Act, 2013;
"higher education institution" has the meaning assigned to the words in the Higher Education Act, 2013;
"Independent Broadcasting Authority" means the Independent Broadcasting Authority established under the Independent Broadcasting Authority Act, 2002;
"Institute" means the Zambia Institute of Marketing established under section 3;
"Law Association of Zambia" means the Law Association of Zambia established under the Law Association of Zambia Act;
"legally disqualified" means the absence of legal capacity as provided under section 4 of the Mental Health Act, 2019;
"legal practitioner" has the meaning assigned to the word "practitioner" in the Legal Practitioners Act;
"marketer" means a person qualified in the theory, practice and discipline of marketing, acquired by training, education and practice in marketing, and includes a marketing organisation or unit carrying out marketing;
"marketing" means a societal process by which individuals and groups obtain what they need and want through creating, offering and freely exchanging products and services of value with others and includes advertising, sales management, personal selling, marketing communications, publicity, sales promotions, exhibitions, branding, packaging, merchandising, distribution, warehousing, wholesaling, franchising, retailing, social marketing, digital marketing, international marketing, marketing research, marketing consultancy, business development, customer service, customer care and service marketing;
[Subs by s 2 of Act 15 of 2023.]
"marketing organisation" means a statutory corporation, a company, a firm, a partnership or a training institution carrying out marketing;
"member" means a person registered as a member of the Institute in accordance with the provisions of the constitution and "membership" shall be construed accordingly;
"practising certificate" means a practising certificate issued under section 21 authorising a person to practice as a marketer;
"President" means the person elected as President of the Institute under section 6;
"Professional Conduct Committee" means a Professional Conduct Committee constituted under section 37;
"professional misconduct" means the conduct referred to under section 35;
"register" means a register of the Institute referred to under section 28;
"Registrar" means the person appointed Registrar under section 10;
"relative" has the meaning assigned to the word in the Anti-Corruption Act, 2012;
"repealed Act" means the Zambia Institute of Marketing Act, 2003;
"Vice-Chairperson" means the person appointed as Vice-Chairperson of the Disciplinary Committee under section 42;
"vice-chairperson" means the person appointed as vice-chairperson of the Board or a Professional Conduct Committee under sections 32 and 37, respectively;
"Vice-President" means the person elected as Vice-President of the Institute under section 6;
"Zambia Bureau of Standards" means the Zambia Bureau of Standards established under the Standards Act, 2017;
"Zambia Information and Communications Technology Authority" means the Zambia Information and Communications Technology Authority established under the Information and Communication Technologies Act, 2009; and
"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.
PART II
THE ZAMBIA INSTITUTE OF MARKETING
3. Continuation of Zambia Institute of Marketing
(1) The Zambia Institute of Marketing established under the repealed Act is continued as if established under this Act and is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power, subject to the provisions of this Act, to do all acts and things that a body corporate may, by law, do or perform.
(2) The First Schedule applies to the Institute.
(1) The functions of the Institute are to—
(a) advance the marketing profession and related disciplines and promote its interests;
(b) register and regulate marketers;
(c) issue practising certificates to eligible members;
(d) register students of marketing;
(e) promote, uphold and improve the standards of training, practice and professional competence of persons engaged in marketing in the Republic;
(f) conduct learning programmes accredited by the Higher Education Authority for persons in marketing;
(g) publish text books, journals, pamphlets, newsletters or papers in marketing;
(h) regulate the standards of advertising in marketing;
(i) develop, promote and enforce internationally comparable marketing practice standards in the Republic;
(j) provide continuous professional development to marketers;
(k) encourage and promote research into a matter affecting the marketing profession;
(l) promote ethical and responsible practice among marketers in the marketing profession and related disciplines;
(m) investigate cases of professional misconduct under this Act;
(n) promote awareness among marketers in matters relating to marketing education, practice and regulation;
(o) hold meetings for the reading and discussion of papers for professional interest and development;
(p) make awards to authors of papers of special merit in marketing and recognise outstanding marketing personalities;
(q) collaborate with higher education institutions, Government departments and other institutions to improve the quality of the marketing profession; and
(r) provide advisory and consultancy services in marketing.
(2) The Institute may determine—
(a) the fees payable for an inspection conducted or other services rendered for the purposes of this Act; and
(b) what portion of any fee is payable in respect of any part of a year and the date on which the fee or portion of the fee is payable.
(1) The Institute shall, by a vote of at least two-thirds of the members voting at a general meeting of the Institute, adopt a constitution and may, in a like manner, amend it.
(2) Subject to this Act, the constitution shall regulate the conduct of the affairs of the Institute.
(3) The constitution may provide for the—
(a) meetings of the Institute, including the delivery of notices of the meetings, the quorum, voting, adjournments and other matters of procedure or conduct of the meetings;
(b) election, qualifications and tenure of office of the President, Vice-Presidents and other office bearers of the Council;
(c) composition, functions, powers and procedures of the committees of the Institute;
(d) classes of membership and their rights, privileges and obligations; and
(e) any other matter that the membership may determine.
6. President and Vice-Presidents of Institute
The members shall elect the President and Vice-Presidents of the Institute in accordance with the provisions of the constitution.
(1) Subject to this Act, the Institute may regulate its own procedure.
(2) The meetings of the Institute shall be conducted in accordance with the provisions of the constitution.
(3) The validity of any proceedings, acts or decisions of the Institute shall not be affected by a person’s absence from a meeting of the Institute or by reason that a person not entitled to do so took part in the proceedings of a meeting of the Institute.
(1) There is constituted the Council of the Institute which shall be responsible for the management and control of the affairs of the Institute.
(2) The Council consists of the following council members elected in accordance with the provisions of the constitution—
(a) the President, who is a Fellow;
(b) the Vice-President responsible for policy, who is a Fellow;
(c) the Vice-President responsible for finance, who is a Fellow;
(d) a Council Secretary;
(e) a Vice-Council Secretary;
(f) a Treasurer;
(g) a Vice-Treasurer;
(h) a Publicity Secretary;
(i) a Vice-Publicity Secretary; and
(j) the immediate past President of the Council.
(3) The President and Vice-President responsible for policy shall be the chairperson and vice-chairperson of the Council, respectively, in accordance with the constitution.
(4) A person shall not be elected as a council member if that person—
(a) is found guilty of professional misconduct under this Act;
(b) is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a term exceeding six months without the option of a fine;
(c) is an undischarged bankrupt;
(d) is legally disqualified from performing the functions of a council member; or
(e) is convicted of an offence involving fraud or dishonesty under this Act or any other written law.
(5) The First Schedule applies to the Council.
(1) The functions of the Council are to perform the executive functions of the Institute.
(2) Despite the generality of sub-section (1), the functions of the Council are to—
(a) promote an understanding of professional ethics among the members;
(b) ensure that the rules and guidelines for professional ethics developed by the Institute are responsive to the expectations of the public and the institutions served by a marketer;
(c) refer a matter for investigation to a Professional Conduct Committee or Disciplinary Committee in accordance with Part V;
(d) make recommendations relating to the marketing profession to the general meeting of the Institute;
(e) set, establish and monitor standards for persons employed in marketing management;
(f) approve the policies, programmes and strategic plan of the Institute;
(g) approve the annual workplan, action plans, activities and reports of the Institute;
(h) approve the annual budget estimates and financial statements of the Institute;
(i) monitor and evaluate the performance of the Institute against budgets and plans; and
(j) advise the Minister on matters relating to marketing practice.
(3) The Council may, by direction in writing and on conditions that the Council considers necessary, delegate to the Registrar any of the Council’s functions under this Act.
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