Zambia National Broadcasting Corporation Act, 1987
- Commenced on 24 April 1987
- [This is the version of this document as it was at 31 December 1996 to 15 April 2010.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Zambia National Broadcasting Corporation Act.
2. InterpretationIn this Act, unless the context otherwise requires—"Board" means the Board of Directors of the Corporation established by section four;"broadcaster" means—(a)the Corporation; or(b)a person licensed to carry on a broadcasting service under section twenty-six;"broadcasting service" means a radiocommunication service for reception by members of the general public and the word "broadcast" shall be construed accordingly;"Corporation" means the Zambia National Broadcasting Corporation established by section three;"dealer" means—(a)a person who carries on a trade, business or industry in which receivers are assembled, manufactured, imported, bought, sold, exchanged, or offered or exposed for sale or exchange;(b)a person who deals in motor vehicles which are fitted with receivers; or(c)an auctioneer of receivers; and cognate expressions shall be construed by reference, inter alia, to transactions or operations such as are carried on by persons referred to in paragraph (a) of this definition;"diffusion service" means—(a)the dissemination by means of wires, otherwise than within the precincts of a single private residence, of the whole or any part of a broadcasting service; or(b)the dissemination of music or speech by means of wires connecting two or more loudspeakers which—(i)are installed in a specific building or within the precincts of a specified building; or(ii)are permanently fixed, otherwise than within a single specified building, in a motor vehicle, aircraft, ship or railway train, for purposes not ancillary or incidental to or connected with any exhibition, performance, including a performance by a circus, contest, game or sport, such as—(A)the running of any horse race; or(B)the holding of any concert or the production of any play, opera, ballet, pageant or the like; or(C)the showing of cinematograph film; or(D)the holding of any agricultural, horticultural, industrial or commercial show or any dance, cabaret, garden party, fete, fair, gymkhana or the like;and "diffuse" shall be construed accordingly;"director" means a member of the Board and includes the Chairman and the Vice-Chairman;"inspector" means an inspector of the Corporation appointed under section thirty-two;"listener" means a person who has in his possession a receiver otherwise than as—(a)a broadcaster; or(b)a dealer; or(c)an operator of a diffusion service; or(d)a police officer or a member of the Defence Force acting in the course of his duty;"Telecommunications Corporation" means the Telecommunications Corporation established by section four of the Telecommunications Act;[Cap. 469]"radiocommunication service" means the transmission of writing, signs, signals, pictures and sounds of all descriptions whatsoever, wholly or partly by means of electromagnetic waves of frequences between ten kilohertz and three million megahertz;"receiver" means an apparatus in respect of which no licence is required in terms of the Radiocommunications Act, which is designed to be used for the reception of a broadcasting service;[Cap. 169]"specified building" means a building used for industrial purposes or such other purposes as the Minister may, by statutory notice, specify.
Part II – Zambia National Broadcasting Corporation
3. Establishment of CorporationThere is hereby established the Zambia National Broadcasting Corporation, which shall be a body corporate with perpetual succession and a common seal, capable of sueing and of being sued in its corporate name and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform and as are necessary for, or incidental to, the carrying out of its functions and powers as set out in this Act.
4. Board of Directors
5. Tenure of office and vacancy
6. Director to declare connectionWithin seven days of the date of his appointment as Chairman or director as the case may be, the Chairman or director shall submit to the Minister a statement in writing of any directorship, office, post, shareholding or financial interest, direct or indirect, held or acquired by him or his spouse in a company or firm which carries on a radiocommunication service or operates a diffusion service or deals in receivers or manufactures, assembles, imports or sells apparatus or equipment for use in radiocommunication or diffusion services.
7. Functions of Corporation
8. Powers of CorporationThe Corporation shall have power, subject to the provisions of this Act, to do all or any of the matters and things specified in the Schedule.
9. Committees of Board
10. Proceedings of Board
11. Transaction of business of an urgent natureIf it is not practicable to hold a meeting of the Board for the transaction of business of an urgent nature, the Chairman shall, after consulting the Minister and such other directors as is practicable in the circumstances, deal with the business himself and not later than seven days thereafter consult the Board for ratification.
12. Validity of Board's decisionsNo decision or act of the Board or act done under the authority of the Board shall be invalid by reason only of the fact that there is a vacancy in the membership of the Board or that a disqualified person acted as a director, at the time the decision was taken or the act was done or authorised.
13. Contracts and instrumentsAny agreement, contract or instrument may be entered into or executed on behalf of the Corporation by any person or persons generally or specially authorised by the Board for that purpose.
14. Seal of Board
15. Disclosure of interest
16. Immunity of membersNo action or other proceedings shall lie or be instituted against any Board member for or in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of his functions under this Act.
17. Appointment of Director-General and other staff
Part III – Financial provisions
18. Establishment and operation of general fundThe Corporation shall establish a general fund—
19. Establishment and operation of general reserve account
20. Charges to revenue account of Corporation and investment of monies in sinking funds
21. Funds of CorporationThe funds of the Corporation shall consist of such moneys as may—
22. AccountsThe Corporation shall cause to be kept proper books of account and other records relating to its accounts.
23. Appointment of auditors
24. Annual report
Part IV – Licences
25. Licensing of broadcasters
26. Licensing of operator of diffusion service
27. Power to prohibit broadcast of certain matterIf the Minister is of the opinion that a broadcast is defamatory, blasphemous, obscene or seditious he may, by notice in writing delivered at the principal office of the Corporation, prohibit the Corporation from making such broadcast and the Corporation shall comply with any such notice.
28. Powers of President in times of emergency
29. Inspectorate unit
30. Powers of inspectorsIn the performance of his duties, an inspector shall have power—
31. Cancellation or refusal of broadcasting and diffusion licences
32. Restriction on use of name of CorporationNo person shall, after the commencement of this Act, assume for the purposes of business or be registered under the Companies Act, under—
33. Regulatory powers of Minister
34. Offences and penalties
35. Recovery of licence feesThe Minister may by civil action in a competent court recover the amount of a licence fee payable in terms of section twenty-five or twenty-six.
36. Act not to affect Radio Communications ActNothing in this Act shall be construed as exempting a broadcaster, operator of a diffusion service, dealer, listener or other person from compliance with the provisions of the Radio communications Act, or of the subsidiary legislation made thereunder, which relate to—
37. Contracts entered into prior to the commencement of this Act
History of this document
01 January 2018 amendment not yet applied
16 April 2010 amendment not yet applied
31 December 1996 this version
24 April 1987
|Zambia National Broadcasting Corporation (Licensing) (Revocation) Order, 2011||Statutory Instrument 21 of 2011|