Zambia Institute of Marketing Act, 2022
Act 2 of 2022
- Published on 12 April 2022
- Assented to on 8 April 2022
- Commenced on 20 May 2022 by Zambia Institute of Marketing Act (Commencement) Order, 2022
- [This is the version of this document from 12 April 2022.]
Part I – Preliminary provision
1. Short title and commencementThis Act may be cited as the Zambia Institute of Marketing Bill, 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—"associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012;[Act No. 3 of 2012]"Board" means the Advertising Standards Board established under section 32;"board member" means a person appointed as a board member under section 32;"certificate of registration" means the certificate of registration issued under section 14;"Chairperson" means the person appointed Chairperson of the Disciplinary Committee under section 42;"chairperson" means the person appointed chairperson of the Board or a Professional Conduct Committee under sections 32 and 37 respectively;"code of ethics" means the code of professional conduct and ethics adopted and published by the Institute for the purposes of this Act;"Committee" means the Marketers' Registration Committee established under section 11;"Competition and Consumer Protection Commission" means the Competition and Consumer Protection Commission established under the Competiton and Consumer Protection Act, 2010;[Act No. 24 of 2010]"constitution" means the constitution of the Institute adopted in accordance with section 5;"Council" means the Council of the Institute constituted under section 8;"council member" means a person elected as a council member under section 8;"Disciplinary Committee" means the Disciplinary Committee of the Institute constituted under section 42;"Fellow" means a marketer registered under the Fellow class of membership in accordance with the constitution;"Higher Education Authority" means the Higher Education Authority established under the Higher Education Act, 2013;"higher education institution" has the meaning assigned to the words in the Higher Education Act, 2013;[Act No. 4 of 2013]"Independent Broadcasting Authority" means the Independent Broadcasting Authority established under the Independent Broadcasting Authority Act, 2002;[Act No. 17 of 2002]"Institute" means the Zambia Institute of Marketing established under section 3;"Law Association of Zambia" means the Law Association of Zambia established under the Law Association of Zambia Act;[Cap. 31]"legally disqualified" means the absence of legal capacity as provided under section 4 of the Mental Health Act, 2019;[Act No. 6 of 2019]"legal practitioner" has the meaning assigned to the word "practitioner" in the Legal Practitioners Act;[Cap. 30]"marketer" means a person qualified in the theory, practice and discipline of marketing, acquired by training, education and practice in marketing, and includes a marketing organisation or unit carrying out marketing;"marketing" means a societal process by which individuals and groups obtain what they need and want through creating, offering, and freely exchanging products and services of value with others and includes advertising, sales management, personal selling, marketing communications, public relations, publicity, sales promotions, exhibitions, branding, packaging, merchandising, distribution, warehousing, wholesaling, franchising, retailing, social marketing, digital marketing, international marketing, marketing research, marketing consultancy, business development, customer service, customer care and service marketing;"marketing organisation" means a statutory corporation, a company, a firm, a partnership or a training institution carrying out marketing;"member" means a person registered as a member of the Institute in accordance with the provisions of the constitution and "membership" shall be construed accordingly;"practising certificate" means a practising certificate issued under section 21 authorizing a person to practice as a marketer;"President" means the person elected as President of the Institute under section 6;"Professional Conduct Committee" means a Professional Conduct Committee constituted under section 37;"professional misconduct" means the conduct referred to under section 35;"register" means a register of the Institute referred to under section 28;"Registrar" means the person appointed Registrar under section 10;"relative" has the meaning assigned to the word in the Anti-Corruption Act, 2012;[Act No. 3 of 2012]"repealed Act" means the Zambia Institute of Marketing Act, 2003;[Act No.14 of 2003]"Vice-Chairperson" means the person appointed as Vice-Chairperson of the Disciplinary Committee under section 42;"vice-chairperson" means the person appointed as vice-chairperson of the Board or a Professional Conduct Committee under sections 32 and 37, respectively;"Vice-President" means the person elected as Vice-President of the Institute under section 6;"Zambia Bureau of Standards" means the Zambia Bureau of Standards established under the Standards Act, 2017;[Act No. 4 of 2017]"Zambia Information and Communications Technology Authority" means the Zambia Information and Communications Technology Authority established under the Information and Communication Technologies Act, 2009; and[Act No. 15 of 2009]"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.[Act No. 13 of 2011]
Part II – The Zambia Institute of Marketing
3. Continuation of Zambia Institute of Marketing
4. Functions of Institute
5. Constitution of Institute
6. President and Vice-Presidents of InstituteThe members shall elect the President and Vice-Presidents of the Institute in accordance with the provisions of the constitution.
7. Meetings of Institute
8. Council of Institute
9. Functions of Council
10. Registrar and other staff
Part III – Registration of marketers and issuance of practising certificates
11. Registration of marketer
12. Prohibition of practising without registration
13. Application for registration as marketer
14. Issuance of certificate of registration
15. Disqualification from registrationA person shall not qualify for registration as a marketer if that person is—
16. Title for registered marketerA registered marketer shall use the title or designation as prescribed in the constitution.
17. Change in detailsA marketer registered under this Act shall notify the Registrar of any change in the particulars relating to the registration within seven days of the change.
18. Suspension and cancellation of registration
19. Re-registrationA person whose certificate of registration is cancelled or suspended under section 18 may, subject to the terms and conditions that the Institute may determine, apply for re-registration.
20. Prohibition of practising without valid practising certificate
21. Practising certificate
22. Display of practising certificateA holder of a practising certificate shall display the practising certificate in a conspicuous place at the place of practice.
23. Renewal of practising certificate
24. Suspension and cancellation of practising certificate
25. Surrender of cancelled certificate of registration or practising certificateA marketer whose certificate of registration or practising certificate is cancelled shall, within seven days of being notified of the cancellation, surrender the certificate of registration or practising certificate to the Institute.
26. Prohibition of transfer of certificate of registration or practising certificateA certificate of registration or practising certificate issued under this Act shall not be transferred to a third party.
27. Duplicate certificate of registration or practising certificate
29. Maintenance of non-practising marketer on registerThe Institute may, where a holder of a practising certificate does not intend to practice as a marketer for a specified period of time, maintain the name of the holder of the practising certificate on the register, in a non-practising category, for that period of time.
30. Publication of copies of register
31. Offences relating to registration
Part IV – Advertising in marketing
32. Establishment of Advertising Standards Board
33. Proceedings of Board
Part V – Disciplinary matters
34. Code of ethicsThe Council shall adopt and publish a code of ethics for marketers which shall bind marketers regulated under this Act.
35. Professional misconductA marketer commits professional misconduct if the marketer—
36. Initiation of disciplinary action
37. Professional Conduct Committee
38. Referring of matters to Professional Conduct CommitteeExcept as otherwise expressly stated, before a matter is referred to the Disciplinary Committee, the Institute shall, in the prescribed manner, refer that matter for investigation by a Professional Conduct Committee.
39. Functions of Professional Conduct Committee
40. Proceedings of Professional Conduct Committee
41. Sanctions for marketer by Professional Conduct CommitteeA Professional Conduct Committee may, where a Professional Conduct Committee determines that no inquiry shall be held in the case by the Disciplinary Committee but finds a marketer guilty of professional misconduct, impose any of the following sanctions:
42. Disciplinary Committee
43. Functions of Disciplinary Committee
44. Proceedings of Disciplinary Committee
45. Powers of Disciplinary Committee
46. Sanctions for professional misconduct by Disciplinary CommitteeThe Disciplinary Committee shall, where the Disciplinary Committee finds a marketer guilty of professional misconduct, after due inquiry, impose one or more of the following penalties:
47. Reports by Disciplinary CommitteeThe Disciplinary Committee shall, within seven days from the completion of a hearing, submit to the Council a report of the proceedings together with a copy of the record.
48. Rules relating to disciplinary proceedings
Part VI – Inspectorate
50. Power of entry, search and inspection
Part VII – General provisions
51. Branches of Institute
52. Professional feesA practising marketer shall, for professional services rendered, charge fees that the Council may, with the approval of the Minister, by statutory instrument, prescribe.
53. False or misleading statement
55. Jurisdiction over acts committed outside Republic
56. Offences by principal officers of body corporate or unincorporate bodyWhere an offence under this Act is committed by a body corporate or an unincorporate body, with the knowledge, consent or connivance of the director, manager, shareholder or partner of the body corporate or an unincorporate body, that director, manager, shareholder or partner commits an offence and is liable, on conviction, to the penalty specified for that offence under this Act.
57. Administrative penalty
60. Repeal of Act No. 14 of 2003
History of this document
20 May 2022
12 April 2022 this version
08 April 2022