National Flag and Armorial Ensigns, 1965

Chapter 6

Citation: Chapter 6
Date: 31 December 1996
Language: English
Type: Act

Zambia

National Flag and Armorial Ensigns, 1965

Chapter 6

Commenced on 4 June 1965
[This is the version of this document at 31 December 1996.]

[23 of 1965; 13 of 1994]An Act to declare the National Flag, the President's Standard and the Armorial Ensigns; to regulate the uses thereof and to create an offence for any insult thereto; to empower the Minister to make regulations; and to provide for matters incidental to or connected with the foregoing.

1. Short title

This Act may be cited as the National Flag and Armorial Ensigns Act.

2. Declaration of the National Flag, the President's Standard and the Armorial Ensigns

(1)The flag of which the design and description are set out in Part I of the Schedule is hereby declared to be the National Flag of Zambia (in this Act referred to as "the National Flag").

(2)The flag of which the design and description are set out in Part II of the Schedule is hereby declared to be the President's Standard (in this Act referred to as "the Standard").

(3)The heraldic device of which the design and description are set out in Part III of the Schedule is hereby declared to be the Armorial Ensigns of Zambia (in this Act referred to as "the Armorial Ensigns").

3. Insulting the National Flag, etc., an offence

Any person who does any act or utters any words with intent to insult or bring into contempt or ridicule the National Flag, the Standard or the Armorial Ensigns, or any representation thereof, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding two years.

4. Prohibition of improper use of National Flag, etc.

(1)No person shall, except with the written permission of the Minister—

(a)apply to any goods made, produced or sold by him, or import any goods to which there has been applied, the National Flag or the Armorial Ensigns or any part of the design thereof (or a flag or device so nearly resembling them as to be calculated to deceive); or

(b)use or permit to be used in connection with any business, trade, calling or profession the National Flag or the Armorial Ensigns or any part of the design thereof (or a flag or device so nearly resembling them as to be calculated to deceive) in a manner calculated to lead to the belief that he is duly authorised to use the National Flag or Armorial Ensigns, as the case may be, in that connection.

(2)Any permission given under subsection (1) may be given subject to such conditions as the Minister may deem fit.

(3)No person, other than the President or a person authorised by the President in that behalf, shall fly, display or otherwise use the Standard.

(4)Any person who contravenes the provisions of this section or who fails to comply with any of the conditions imposed in pursuance of subsection (2) shall be guilty of an offence and liable on conviction to a fine not exceeding fifteen thousand penalty units or to imprisonment for a period not exceeding twelve months, or to both.[As amended by Act No. 13 of 1994]

5. Forfeiture

When a person is convicted of an offence under this Act or any regulations made thereunder, the court before which he is convicted shall, in the case of an offence under section four, and in the case of any other offence, may, in addition to any other punishment provided for in this Act or in any regulations made thereunder, direct that any goods or thing by means or in respect of which the offence was committed shall be forfeited.

6. Regulations

The Minister may, by statutory instrument, make regulations—

(a)prescribing the occasions upon which, the persons by whom and the manner in which the National Flag or the Armorial Ensigns may be flown or displayed, as the case may be;

(b)prohibiting, controlling or restricting the use of the National Flag or the Armorial Ensigns;

(c)regulating the manner in which application may be made to him for his authority to use the National Flag or the Armorial Ensigns in the connection mentioned in subsection (1) of section four, prescribing a form of licence by which that authority may be given and fixing fees for such applications and licences;

(d)constituting offences in relation to any of the matters referred to in the foregoing paragraphs and prescribing penalties in respect thereof.

Schedule (Section 2)

The National Flag, the President's Standard and the Armorial Ensigns

Part I – The National Flag of Zambia

Description

Green with an orange coloured eagle in flight over a rectangular block of three vertical stripes coloured from left to right in red, black and orange; of overall dimensions 3:2; and to the following colour specifications:(a)"Spectrum Green", British Colour Council Shade reference 100.(b)"Union Jack Red", British Colour Council Shade reference 210.(c)"Jet Black", British Colour Council Shade reference 220.(d)"Spectrum Orange", British Colour Council Shade reference 57.

Part II – The President's Standard

Description

The Armorial Ensigns in the dimensions 1:1, on a flag of overall dimensions 3:2 and to the following colour specification: "Spectrum Orange", British Colour Council Shade reference 57.

Part III – The Armorial Ensigns of Zambia

Description

SHIELD: Sable six pallets wavy argent.SUPPORTERS: On the dexter side a Zambian man habited in Bush shirt, short trousers and sandals and on the sinister side a Zambian woman attired in traditional dress proper and both standing on a Compartment of Vegetation thereon a Mine Shaft Head a Maize Cob and a Zebra trotting all proper.MOTTO: ONE ZAMBIA ONE NATION.Badge: (Here shown surmounting the shield) An eagle head to the sinister or rising from a hoe and a pick in saltire proper.

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History of this document

31 December 1996 this version

Consolidation

04 June 1965

Commenced

Cited documents 0

Documents citing this one 1

Judgment 1

1.	Zacharia v People (HC 16 of 1968) [1968] ZMHC 37 (26 April 1968)