National Archives Act, 1969
- Commenced on 14 November 1969
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the National Archives Act.
2. InterpretationIn this Act, unless the context otherwise requires—"Director" means the Director of National Archives of Zambia appointed as such under the provisions of subsection (1) of section five;"judicial records" means all records of court which—(a)are in the custody of any court or of any officer of any court in his capacity as such; or(b)have been transferred to the National Archives of Zambia established under the provisions of this Act or any previous law;"National Archives" means the National Archives of Zambia established under the provisions of section three and includes a place of deposit;"place of deposit" means a place of deposit declared as such under section four;"previous law" means the law relating to national archives in force within the former Protectorate of Northern Rhodesia or within the Republic prior to the commencement of this Act;"public archives" means—(a)all public records which—(i)are specified by the Director as being of enduring or historical value; and(ii)have been transferred to the National Archives of Zambia established under the provisions of this Act or the previous law;(b)any records, document or other material acquired for the National Archives of Zambia in terms of paragraph (h) of subsection (2) of section five or in terms of similar provisions of the previous law;"public records" means—(a)any records of the Government which—(i)are in the custody of the Government; or(ii)have been transferred to the National Archives of Zambia under the provisions of section nine or under similar provisions of the previous law;(b)any records of a corporation, society, association, institution or organisation which is prescribed by the Minister by statutory instrument and which—(i)are in the custody of such corporation, society, association, institution or organisation; or(ii)have been transferred to the National Archives of Zambia under the provisions of section nine;(c)any judicial records;"records" includes papers, documents, registers, printed materials, books, maps, plans, drawings, photographs, micro-films, cinematograph films, sound recordings, photocopies, negatives and positives of pictures.
Part II – National Archives and place of deposit
3. Establishment of National Archives of ZambiaThere is hereby established the National Archives of Zambia wherein shall be stored and preserved public archives other than those which are to be kept in some other place of deposit under the provisions of this Act.
4. Other places of deposit
Part III – Director of National Archives and custodians of places of deposit
5. Director of National Archives of Zambia
6. Custodians of places of deposit and powers of Director in respect of such places
8. SecrecyWhere there are transferred to the National Archives or any place of deposit any public records containing information the disclosure of which is, by written law, prohibited or limited to certain purposes, the Director, the custodian of the public archives in such place and every member of the staff of the National Archives or such place who has access to such records shall take such oath or make such declaration relating to secrecy, with such modifications as the circumstances require, as is required by the relevant written law to be taken or made by persons having access to such records prior to their transfer; and every person who takes such oath or makes such declaration shall, for the purposes of any provisions of such written law making punishable any disclosure in contravention of the written law, be deemed to be a person employed in carrying out the provisions of the relevant written law.
Part IV – Selection of and access of public records
9. Selection and preservation of public records and transfer to National Archives
10. Destruction of archives and public recordsIf as respects any public archives in the National Archives or public records selected for, but not transferred to, the National Archives it appears to the Director that the same is duplicated or that there is some other special reason why the archives or records should not be preserved, he may, with the approval of the Minister and of such other Minister or other person, if any, who appears to the Minister to be primarily concerned with public archives or records of the category in question, authorise the destruction of such archives or records or, with such approval, their disposal in any other way:Provided that nothing in this section shall authorise or empower the Director to authorise the destruction or disposal of any public archives obtained otherwise than by transfer under section nine contrary to terms or conditions on which they were obtained or, if they were obtained by gift, during the lifetime of the donor without his consent.
11. Access to public archives
12. Inspection of public archives
Part V – Exportation and removal of archives and other documents
13. Restriction of exportation of or unauthorised removal of public archives and public records
14. Declaration of historical records
Part VI – Validity, evidence and copyright
15. Legal validity of public recordsWhen it is a requirement of the validity of any public record that it be kept in or produced from legal custody, the validity of such record shall not be affected by its transfer from the appropriate office to the National Archives.
16. Authentication of copiesA copy of or extract from any record in the National Archives purporting to be duly certified as true and authentic by the Director, by any officer of the National Archives authorised in that behalf by him, or by the custodian of the public archives in any place of deposit where such record is kept, and authenticated by having impressed thereon the official seal of the National Archives or of the place of deposit, shall be admissible in evidence if the original record would have been admissible in evidence in any proceedings.
17. CopyrightWhere any work in which copyright subsists, or a reproduction of such work, is comprised in any public archives which are open for public inspection in accordance with the provisions of this Act, the copyright in the work is not infringed by the making, or the supplying to any person, of any reproduction of the work by or under the direction of the Director:Provided that, in its application to any archive obtained otherwise than by transfer to the National Archives in accordance with section nine, the foregoing provisions of this section shall have effect subject to any express terms or conditions under which the same was obtained.
18. Reproduction of public archives
Part VII – Miscellaneous
19. National Archives Advisory Council
20. Offences and penaltiesAny person who contravenes any provision of this Act for which no special penalty is provided shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand five hundred penalty units or, in default of payment, to imprisonment for a period not exceeding three months.[As amended by Act No. 13 of 1994]
History of this document
31 December 1996 this version
14 November 1969
|National Archives (Fees) Regulations, 1995||Statutory Instrument 29 of 1995|
|National Archives (Fees) Regulations, 2021||Statutory Instrument 7 of 2022|
|National Archives (Place of Deposit) (Declaration) Order, 1986||Statutory Instrument 32 of 1986|
|National Archives (Place of Deposit) (Revocation) Order, 1995||Statutory Instrument 30 of 1995|
|National Archives (Place of Deposit) Order, 1977||Statutory Instrument 61 of 1977|