Traditional Beer Act, 1930 (Chapter 168)
Zambia
Traditional Beer Act, 1930
Chapter 168
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Commenced on 11 April 1930
- [This is the version of this document at 31 December 1996.]
This Act may be cited as the Traditional Beer Act.[As amended by No. 25 of 1969] In this Act, unless the context otherwise requires—"Board" means a Board appointed under section four, and includes and shall be deemed always to have included any person so appointed as a Board;"local authority" means a municipal council, township council or board;"malt" includes any kind of grain or other vegetable product in process of fermentation;"traditional beer" means—(a)the drink which is brewed from grain or other vegetable matter and is commonly known as local beer, Lusaka beer, bwalwa, mowa, lwalwa, bucwala, bukoko or chibuku;(b)honey beer; and(c)such other intoxicating liquor as the Minister may by statutory notice prescribe.[As amended by No. 30 of 1950, No. 45 of 1958 and No. 25 of 1969] Save as in section four provided, the sale by any person of traditional beer is prohibited— [No. 32 of 1941][Cap. 281] The Minister may by regulations— [As amended by No. 48 of 1940, No. 32 of 1941, No. 25 of 1953, No. 45 of 1958, G.N. No. 304 of 1964 and No. 25 of 1969] No person shall supply traditional beer to any person already inebriated from the effects of drinking.[As amended by No. 25 of 1969] [Repealed by Act No. 22 of 1972] It shall be unlawful for any person to prepare, use, possess, dispense, sell or expose for sale, the intoxicating liquor, by whatever name called, which is obtained through a process of distillation and is commonly known as kachipembe, kachasu, kapuli or lutuku.[No. 42 of 1974] Any Administrative Officer or police officer of or above the rank of Sub-Inspector or, if authorised thereto by any of the foregoing, any member of the Zambia Police Force may enter upon any premises upon which there is reasonable ground for suspecting that there is traditional beer or malt or the apparatus, utensils or materials for making the same contrary to this Act or any regulations made thereunder.[As amended by No. 47 of 1963, G.N. No. 502 of 1964 and No. 25 of 1969] Any person contravening this Act or any regulations made thereunder may be arrested without a warrant if the circumstances are such that immediate arrest appears necessary to prevent his escape. The occupier or person having charge of the premises upon which a contravention of this Act or of any regulations made thereunder, together with any person who participated therein, shall be liable to be convicted of such contravention unless he can prove that such contravention took place without his knowledge. In any proceeding against any person for contravening this Act or any regulations made thereunder, the fact of more traditional beer being on the premises of such person than is reasonably required for the person residing therein and his family or persons usually residing with him shall be deemed prima facie evidence of such a contravention.[As amended by No. 25 of 1969] Any person contravening the provisions of this Act or of any regulations made thereunder shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three hundred penalty units or, in default of payment, to imprisonment with or without hard labour for a period not exceeding three months and, on a second or subsequent conviction, to a fine not exceeding seven hundred and fifty penalty units or to imprisonment with or without hard labour for a period not exceeding six months.[As amended by Act No. 6 of 1974 and 13 of 1994]1. Short title
2. Interpretation
3. Restriction on sale of traditional beer
4. Regulations as to sale, manufacture, etc., of traditional beer
5. Inebriated person not to be supplied
6. ***
6A. Prohibition of kachasu
7. No licensed trader except under permit to supply any traditional beer
8. Seizure of utensils
9. Entry on premises
10. Powers of arrest
11. Liability of occupier
12. Excessive quantity prima facie evidence
13. Penalty