Zambia
Home Guard Act, 1971
Chapter 122
- Commenced on 21 January 1972
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short title
This Act may be cited as the Home Guard Act.2. Interpretation
Part II – Establishment of the Home Guard and its command and functions
3. Establishment of the Home Guard
There is hereby established a force to be known as the Home Guard (in this Act referred to as "the Home Guard").4. Supreme command of the Home Guard
The supreme command of the Home Guard shall vest in the President and he shall hold the office of the Commander-in-Chief of the Home Guard.5. Command of the Home Guard
6. Functions of the Home Guard
The functions of the Home Guard shall be the defence of the Republic and the maintenance of public order and public safety.7. Duties of members of the Home Guard
Every member of the Home Guard shall—Part III – Members, enlistment, attestation, etc.
8. Composition of the Home Guard
9. Members of the Home Guard to be members of the Defence Force
Every member of the Home Guard shall, when on duty, and during any period when the President has ordered employment of the whole or any part of the Home Guard under the provisions of section nineteen, be subject to military law and shall be deemed, as far as may be, a member of the Defence Force—10. Eligibility for enlistment
11. Recruiting officer
Any person authorised in that behalf by the Commander (hereinafter referred to as "a recruiting officer") may enlist recruits in the Home Guard in the prescribed manner.12. Enlistment
13. Validity of attestation and enlistment
14. False answers in attestation papers
15. Prohibition of non-citizens from enlisting or serving in the Home Guard
Part IV – Home Guard Probing Committee
16. Home Guard Probing Committee
Part V – Allowance, training, discharge, etc.
17. Allowance
18. Training
19. Embodiment
20. Discharge
21. Postponement of discharge
Where the time at which a member of the Home Guard would otherwise be entitled to be discharged occurs at a time when the Home Guard or any part thereof is employed in terms of section nineteen, he may be required to prolong his service for such further term as the President may order.Part VI – Discipline
22. Failure to attend on embodiment
23. Failure to fulfil training obligation
Where a member of the Home Guard, except with leave lawfully granted or on account of such sickness or such other reasonable cause as may be allowed in the prescribed manner, fails to appear at the time and place appointed for his initial or periodical training, or fails to attend the number of drills or instructional parades or to fulfil any other conditions relating to his initial or periodical training which may be prescribed, he shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred penalty units.[As amended by Act No. 13 of 1994]24. Person causing disaffection amongst members of the Home Guard
Any person who—Part VII – Miscellaneous
25. Membership of the Home Guard not a disqualification for membership of the National Assembly
A person shall not, by reason of his membership of the Home Guard, be rendered incapable of being elected or of sitting and voting as a member of the National Assembly.26. Transitional provisions
The units raised, established and the persons enlisted or appointed, and acts and things done, before the commencement of this Act, by the Government for the purpose of an organisation named the Home Guard shall, from the commencement of this Act, be deemed to have been raised, established, enlisted, appointed or done under this Act.27. Expenditure
The expenditure incurred in consequence of the coming into operation of this Act shall be charged on the general revenues of the Republic.28. Power to prosecute under other law not affected
Nothing in this Act shall exempt any person from being prosecuted under any other law in respect of any offence made punishable by this Act:Provided that no person shall be punished twice for the same offence on account of the same facts.Part VIII – Employer's obligation
29. Employer's obligation
Part IX – Regulations
30. Regulations
Part X – Application of the Defence Act to the Home Guard
31. Application of the Defence Act
32. ***
[Had its effect]33. Dissolution of the Territorial Force
The Territorial Force constituted under the provisions of the Defence Act is hereby dissolved and shall cease to exist as from the commencement of this Act.[Cap. 106]History of this document
31 December 1996 this version
Consolidation
21 January 1972
Commenced