Zambia National Service Act, 1971
- Commenced on 21 January 1972
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Zambia National Service Act.
2. InterpretationIn this Act, unless the context otherwise requires—"appropriate authority" means the authority charged, in accordance with this Act, with responsibility for the matter in question:Provided that the reference to appropriate authority in section seventeen and, in so far as it relates to persons seconded to the Service, in sections eighteen and nineteen, shall be construed as a reference to such appropriate authority aforesaid acting with the concurrence of such person having authority in or over that part of the civil or military service of the Republic from which such person is seconded as may be appointed by the President;"appropriate tribunal" means a commanding officer or a board consisting of not less than two senior officers appointed by the Commandant;"Assistant Commandant" means a senior Serviceman in charge of a Wing at the Headquarters of the Service;"citizen" means a citizen of Zambia;"Commandant" means the Commandant of the Zambia National Service appointed under the provisions of section twenty-one;"commanding officer" means a senior officer of the Service designated as such by rules made under section twenty-three;"Defence Force" means the Defence Force of Zambia referred to in section four of the Defence Act;[Cap. 106]"enlistment notice" means the enlistment notice provided for in section eleven;"local authority" means—(a)a city council;(b)a municipal council; or(c)a township council; or[Cap. 281](d)a district council:"member", in relation to the Service, includes a Serviceman enlisted or engaged under section five or eleven, a person seconded to the Service in accordance with the provisions of section seventeen and a person appointed to the permanent staff under section six;"city council", "municipal council", "district council" and "township council" have the meanings assigned thereto in section two of the Local Government Act;[Cap. 281]"national service register" means the register required to be kept by the Commandant under the provisions of section eight;"postponement certificate" means a certificate which may be granted under the provisions of section twelve;"Registrar" means the person appointed under section eight to keep the national service register;"Regular Force" has the meaning assigned thereto in section two of the Defence Act;[Cap. 106]"Service" means the Zambia National Service established under section three;"Serviceman" means a member of the Service enlisted or engaged under section five or eleven or appointed to the permanent staff under section six.
Part II – Establishment of the Zambia National Service
3. Establishment of the Service
Part III – Members, servicemen, registration, enlistment, etc.
4. Membership of the Service
6. Appointments to permanent staff
7. Liability to be called up for the Service
8. Appointment of Registrar of ServiceThe Commandant shall be Registrar and he shall keep a register of persons who are liable under this Act to be called up for national service (in this Act referred to as "the national service register") and shall perform such other duties in connection with the said register and the enlistment of members of the Service as may be prescribed in this Act.
9. Rules relating to registration
11. Obligation of persons liable to report and service of enlistment notice
Part IV – Postponement certificate, National Service Hardship Committee and exemption
12. Postponement certificate
13. Appeals from determination of National Service Hardship CommitteeAn applicant for a postponement certificate or the renewal of a postponement certificate who is aggrieved by the determination of a National Service Hardship Committee may, in the prescribed manner, appeal to the Minister whose decision shall be final.
14. Revocation of postponement certificate
15. Provisions as to National Service Hardship Committees
16. Exemption from liabilityThe Minister may, by statutory instrument, exempt any person or any class of persons from liability under this Act to be called upon to serve in the Service.
Part V – Secondment to the service
17. Seconded members
18. Prolongation of engagement and secondmentNotwithstanding the foregoing provisions of this Act but subject to the provisions of subsection (3) of section seventeen, any member of the Service whose engagement or secondment expires during a state of war, insurrection, hostility or public emergency may be retained in the Service and his engagement or secondment prolonged for such further period as the appropriate authorities, with the approval of the President direct.
19. DischargeThe appropriate authority may, at any time during the term of an engagement or period of secondment, discharge a member of the Service or terminate his secondment, as the case may be, if, for any reason, his services are no longer required.
Part VI – Units, commandant and ranks of the service
20. Units of the Service
21. Appointment of CommandantThe President may appoint an experienced member of the Service or an officer of the Regular Force to be the Commandant of the Service.
22. Powers of Commandant
23. Ranks and administration
Part VII – Duties and employment of the Service
24. Duties of Servicemen
25. Employment of Servicemen in times of emergency
26. President may send Servicemen to friendly neighbouring States
Part VIII – Employer's obligations
27. Prohibition of dismissal of employees by reason of liability for Service
Part IX – Discipline
28. Method of dealing with disciplinary mattersDisciplinary control over Servicemen shall be exercised as is provided in this Part.
29. Offences against discipline by Servicemen below the rank of Commandant
30. Procedure as to inquiries into disciplinary offences
31. Disposition of serious offences
34. Fines to be recovered by stoppage of allowance
35. Suspension of ServicemanThe Commandant or a commanding officer, where a charge alleging an offence against discipline or an offence against the Act has been laid or is about to be laid against a Serviceman, may suspend that Serviceman from the performance of his duties with the Service.
36. Servicemen subject to disciplinary code
37. Active participation in trade union forbidden
Part X – Miscellaneous offences
40. Absence from dutyAny member who absents himself from duty without leave or reasonable cause for a period of twenty-one days shall be guilty of an offence and shall be liable on conviction to the forfeiture of any pay and allowances due and payable to him.
41. Persons causing disaffection, etc.Any person who—
42. Offences relating to arms, ammunition, accoutrements, etc.
43. Power to prosecute under other written law not affectedNothing in this Act shall exempt any person from being proceeded against under any other written law in respect of any offence made punishable by this Act, or from being liable under any written law to other or higher penalty or punishment than is provided for such offence by this Act:Provided that no person shall be punished twice for the same offence.
Part XI – Advisory Committee
44. Establishment of the Zambia National Service Advisory Committee
Part XII – Finance
45. FinanceAny expenditure incurred for the establishment, maintenance and operation of the Service under the provisions of this Act shall be charged on the general revenues of the Republic.
46. Validation of acts done and contracts made before the establishment of the Service
Part XIII – Pensions and gratuities
48. Pensions and gratuities
Part XIV – Miscellaneous provisions
49. Member deemed to be a workmanNotwithstanding anything contained in any other written law, a member when on duty shall be deemed to be a workman, and the Government shall be deemed to be the employer of such member for the purposes of the Workers' Compensation Act.[Cap. 271]
50. Regulations, rules and orders
Part XV – Dissolution of Zambia Youth Service Board
51. InterpretationIn this Part, unless the context otherwise requires—"Board" means the Zambia Youth Service Board established under section four of the Zambia Youth Service Act.[Cap. 143]
52. Winding up of affairs of the Board
53. Vesting of lands and personal property in, and transfer of contractual and other rights and libilities to, the GovernmentUpon the dissolution of the Board pursuant to section fifty-two—
54. Registration of property to be transferred by the BoardWhenever in pursuance of the provisions of this Part, any property, rights, liabilities or obligations of the Board are transferred by it in respect of the transfer of which any written law provides for registration, it shall be the duty of the Board to make an application in writing to the proper officer of the appropriate registration authority for the registration of such transfer and it shall be the duty of such officer to make such entries in the appropriate register as shall give effect to such transfer and, where appropriate, to issue to the transferee concerned a Certificate of Title in respect of the said property or to make necessary amendments to the appropriate register, as the case may be, and if presented therefor, to make endorsements on the deeds relating to the title, right or obligation concerned; and no registration fees, stamp duty or other duties shall be payable in respect thereof.
55. Completion of actsWhere anything has been commenced by or under the authority of the Board prior to the date of its dissolution and such thing was done in relation to any property, real or personal, deeds or other rights or liabilities transferred by virtue of this Part to the Government, such thing may be carried on and completed by the Government instead of the Board in like manner and to the same extent as such thing might have been carried on and completed, but for the provisions of this Part, by the Board.
56. Terms of service of employees of the Board transferred to the Services
57. Transitional provisionsThe units raised, established and maintained and the persons enlisted or appointed, before the enactment of this Act, by the Government for the purpose of an organisation named the National Service shall, from the commencement of this Act, be deemed to have been raised, established, maintained, enlisted or appointed under this Act.
58. Repeal Cap. 232 of the 1971 editionThe Zambia Youth Service Act is hereby repealed from such date as the Minister may, by statutory instrument, appoint.
History of this document
31 December 1996 this version
21 January 1972
|Zambia National Service (Obligatory Service) (Exemption) Order, 1981||Statutory Instrument 47 of 1981|