Zambia Development Agency Act, 2022
Act 17 of 2022
- Published in Zambia Government Gazette on 16 November 2022
- Assented to on 10 November 2022
- Commenced on 13 January 2023 by Urban and Regional Planning (Designated Local Planning Authority) Regulations, 2023
- [This is the version of this document from 16 November 2022.]
Part I – Preliminary provisions
1. Short title and commencementThis Act may be cited as the Zambia Development Agency Act, 2022, and shall come into operation on the date appointed by the Minister by statutory instrument.
2. InterpretationIn this Act, unless the context otherwise requires—"Agency" means the Zambia Development Agency continued under section 3;"associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012;[Act No. 3 of 2012]"Board" means the Board of the Agency constituted under section 6;"business" has the meaning assigned to the word in the Business Regulatory Act, 2014;[Act No. 3 of 2014]"business development services" include advisory services, promoting training and financing, facilitating the preparation of business plans, project proposals, loan applications, financial statements, audited statements of expenditure and income, and other similar services;"Chairperson" means the person appointed as Chairperson under section 6;"Director-General" means the person appointed as Director-General under section 13;"Emoluments Commission" means the Emoluments Commission established under the Constitution;[Cap. 1]"investment" has the meaning assigned to the word in the Investment, Trade and Business development Act, 2022;[Act No. 18 of 2022]"investor" has the meaning assigned to the word in the Investment, Trade and Business Development Act, 2022;[Act No. 18 of 2022]"joint venture" means a business undertaken jointly by two or more parties which otherwise retain their distinct identities;"privatisation" means the transferring to the private sector of part, or the whole, of the equity or other interest held by the Government, directly or indirectly, in a state owned enterprise;"relative" has the meaning assigned to the word in the Anti-Corruption Act, 2012;[Act No. 3 of 2012]"repealed Act" means the Zambia Development Agency Act, 2006;[Act No. 11 of 2006]"special economic zone" has the meaning assigned to the words in the Investment, Trade and Business Development Act, 2022;[Act No. 18 of 2022]"State institution" has the meaning assigned to the words in the Constitution;[Cap. 1]"State-owned enterprise" has the meaning assigned to the words in the Public Finance Management Act, 2018;[Act No. 1 of 2018]"Vice-Chairperson" means the person appointed as Vice-Chairperson under section 6; and"Zambia Institute of Chartered Accountants" means the Zambia Institute of Chartered Accountants established under the Accountants Act, 2008.[Act No. 13 of 2008]
Part II – The Zambia Development Agency
3. Continuation of Zambia Development AgencyThe Zambia Development Agency established under the repealed Act is continued as if established under this Act and is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power, subject to the provisions of this Act, to do all acts and things that a body corporate may, by law, do or perform.
4. Seal of Agency
5. Functions of Agency
6. Board of Agency
7. Functions of Board
8. Tenure of office and vacancy
9. Proceedings of Board
10. Committees of Board
11. AllowancesA member of the Board or any committee of the Board shall be paid allowances that the Emoluments Commission may, on the recommendation of the Minister, determine.
12. Disclosure of interest
13. Director-General, Secretary and other staff
Part III – Financial provisions
14. Funds of Agency
15. Financial yearThe financial year of the Agency shall be a period of twelve months ending on 31st December in each year.
17. Annual report
Part IV – General provisions
18. ImmunityAn action or other proceedings shall not lie or be instituted against a member of the Board, a member of a committee of the Board or a member of staff of the Agency, for or in respect of any act or thing done or omitted to be done in good faith in the exercise or performance of any of the powers, functions or duties conferred under this Act.
19. Prohibition of publication or disclosure of information to unauthorised person
20. Immunity from execution of judgements against Agency assetWhere a judgment or court order is obtained against the Agency, execution, attachment or process of any nature, shall not be issued against the Agency or against any property of the Agency, but the Agency shall cause to be paid out of the Agency’s funds an amount that may, by judgment or court order, be awarded against the Agency to the person entitled to the amount.
21. Offence by principal officers of body corporate or unicorporate bodyWhere an offence under this Act is committed by a body corporate or unincorporate body, with the knowledge, consent or connivance of a director, manager or shareholder of that body corporate or unincorporate body, that director, manager or shareholder is liable, on conviction, to the penalty specified for the offence.
23. Repeal of Act No. 11 of 2006
History of this document
13 January 2023
16 November 2022 this version
10 November 2022