Zambia Police Reserve Act, 1950 (Chapter 117)

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This is the latest version of this legislation commenced on 31 Dec 1996.

Zambia

Zambia Police Reserve Act, 1950

Chapter 117

Commenced on 22 December 1950
[This is the version of this document at 31 December 1996.]

[45 of 1950; 57 of 1964; Government Notices 343 of 1964; 497 of 1964; Statutory Instrument 71 of 1964; Act No. 26 of 1985; 13 of 1994; Act No. 28 of 1985; 13 of 1990]An Act to provide for the establishment of a Zambia Police Reserve.

Part I – Preliminary

1. Short title

This Act may be cited as the Zambia Police Reserve Act.

2. Interpretation

In this Act, unless the context otherwise requires—"arms" includes firearms;"emergency" means any state of affairs which, in the opinion of the Inspector-General, constitutes a danger to peace and good order;"Inspector-General" means the Inspector-General of Police;"Reserve police officer" means a member of the Zambia Police Reserve;"Reserve" means the Zambia Police Reserve established under the provisions of section three, and includes any part of such Reserve.[As amended by G.N. No. 343 of 1964 and Act No. 26 of 1985]

3. Establishment of Zambia Police Reserve

The is hereby established a police force reserve, which shall be known as the Zambia Police Reserve.

Part II – Zambia Police Reserve

4. Who may be Reserve police officers

The Reserve shall consist of such persons, resident in Zambia who, having attained the age of eighteen years, volunteer for service in the Reserve and are considered by the Inspector-General to be suitable for enrolment as Reserve police officers.[As amended by Act No. 26 of 1985]

5. Employment of Reserve

The Reserve may be employed in Zambia for assisting the Zambia Police Force in the maintenance of law and order, and the apprehension of offenders and, in the performance of such duties, Reserve police officers may carry such arms as may be approved by the Minister.[As amended by G.N. No. 343 of 1964]

6. Classification of Reserve officers

The Reserve shall be divided into two classes as follows:"Class A" shall consist of Reserve police officers who upon enrolment undertake, in writing, to carry out—(a)such police duties as they may be required to do by the Inspector-General; and(b)such training as may be required by the Inspector-General;"Class B" shall consist of Reserve police officers who upon enrolment undertake, in writing, to carry out—(a)when called upon so to do, during an emergency, such police duties as the Inspector-General, or any police officer authorised in writing in that behalf by the Inspector General, may determine; and(b)such training as may be required by the[Please note: Text of paragraph (b) incomplete in original.][As amended by Act No. 26 of 1985]

7. Oath of allegiance

(1)Subject to the provisions of subsection (2), every person volunteering for service in the Reserve shall, on enrolment, make the following declaration of allegiance in such manner as he may declare to be most binding on his conscience:I, A.B., do *swear/solemnly and sincerely declare and affirm that I will be faithful and bear true allegiance to the President of the Republic of Zambia, that during my service with the Zambia Police Reserve I will preserve, protect and defend the Constitution of Zambia, as by law established, and will obey all lawful orders of the President and of all officers placed over me and will subject myself to all Acts, Orders or Regulations relating to the Reserve.Signature or thumbprint of Reserve Police Officer:_____________________*SwornDeclaredAffirmedat _____________________ this day of __________________ 19 __________Before me ______________________(Signature of Magistrate or appropriate Police Officer)*Delete whichever is inapplicable.

(2)Where any person volunteering for service in the Reserve is not a citizen of Zambia, he may, on enrolment, in the discretion of the Inspector-General, in lieu of making the declaration of allegiance required by subsection (1), make the following declaration of obedience in such manner as he may declare to be most binding on his conscience.I, A.B., do solemnly and sincerely declare that I will give faithful service while I remain a member of the Zambia Police Reserve, and that I will obey all lawful orders of the President and of all officers placed over me, and will subject myself to all Acts, Orders or Regulations relating to the Reserve.Signature or thumbprint of Reserve Police Officer:______________________DeclaredAffirmedat ______________________ this day of __________________ 19 ___________Before me _____________________(Signature of Magistrate or appropriate Police Officer)

(3)Every declaration under subsection (1) or (2) shall be made before a magistrate, officer of the Zambia Police Force of or above the rank of Sub-Inspector or any Reserve police officer of or above such rank as may be prescribed, and shall be signed by the person making the declaration or, if he is illiterate, such person shall affix his thumbprint thereto.[As amended by S.I. No. 71 of 1964 and Act No. 26 of 1985]

8. Period of engagement

Every Reserve police officer enrolled under the provisions of this Act shall serve in the Reserve for a period of two years and thereafter may re-engage, for further service, for periods of two years.

9. Calling out in emergency

(1)The Inspector-General may, in such manner as he may determine, call out all or any Reserve police officers during an emergency, and when so called out they shall remain on duty until released from duty by the Inspector-General.

(2)Where any police officer for the time being in charge of the Zambia Police Force in any Police Division, or any police officer of or above the rank of Superintendent, considers that any imminent danger has arisen or is likely to arise with which he cannot efficiently deal by use of the police officers under his control, he may call out all or any of the Reserve police officers resident in the area under his jurisdiction, and in such case he shall, as soon as practicable, report to the Inspector-General the action he has taken and his reasons for such action.[As amended by No. 26 of 1985]

10. Reserve to be issued with arms, etc.

The Reserve shall be issued with such uniform, arms, ammunition and equipment as may be approved by the Minister.[As amended by G.N. No. 343 of 1964]

11. Provisions of Zambia Police Act may be applied to Reserve

The Minister may, by statutory order, apply any of the provisions of the Zambia Police Act to such class of Reserve police officers and during such time as he shall in such order specify, and such officers shall thereupon be subject to such provisions, and have all the powers, privileges and immunities conferred thereby.[Cap. 107][As amended by G.N. No. 343 of 1964]

12. Compensation on death or injury on duty

(1)If any Reserve police officer receives any permanent or temporary disablement, attributable to any wound or injury received or sickness contracted by him in the performance of any duty carried out under the provisions of this Act, or during the carrying out of any training which he has been required to undertake, the Minister may award such Reserve police officer such compensation, gratuity or pension as may be prescribed by regulations made under this Act or, in the absence of such regulations, as to him may seem just.

(2)If any Reserve police officer is killed in the performance by him of Reserve Police duty or during the carrying out by him of any training which he has been required by the Inspector-General to undertake, the Minister may grant to the dependants of such Reserve police officer such pension or allowance as may be prescribed by regulations made under this Act or, in the absence of regulations, as to him may seem just.

(3)No pension, compensation, allowance or gratuity paid under the provisions of this section shall be assigned, transferred or be liable to be attached or levied upon by any process of law.[As amended by G.N. No. 343 of 1964 and Act No. 26 of 1985]

13. Restriction on action of employers

Any employer who by dismissing an employee, or by reducing his wages or salary, or in any other manner whatever penalises him for being a Reserve police officer, or carrying out his duties as such, shall be guilty of an offence and shall be liable, on conviction before a magistrate of the first or second class, to a fine not exceeding one thousand five hundred penalty units.[As amended by Act No. 13 of 1994]

14. Regulations

The Minister may, by statutory instrument, make regulations prescribing all or any of the following:(a)the numerical establishment of the Reserve, the conditions of service, the grades, ranks, appointments and for determining the seniority of the officers of such Reserve;(b)the promotion, leave, resignation, release and dismissal from the Reserve, of Reserve police officers;(c)the disbandment of any part of the Reserve;(d)the pay and allowances of Reserve police officers;(e)the compensation, gratuities, pensions or other allowances payable to Reserve police officers and their dependants under section twelve;(f)the discipline of the Reserve;(g)the conveyance of Reserve police officers and their equipment to any place of duty;(h)the general control and management of the Reserve;(i)the transfer of Reserve police officers from one class to another;(j)the provisioning and equipping of Reserve police officers; and(k)any other matter required to be prescribed under the provisions of this Act.[As amended by G.N. No. 343 of 1964]