Zambia Act or statute

Zambia legislation

Emergency Powers Act, 1964

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Jurisdiction: Zambia
Structure: 6 provisions
Citation: Act 43 of 1964
Dates: Source version 31 Dec 1996

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Dates: Source version 31 Dec 1996

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“This section says the Act may be cited as the Emergency Powers Act.”

This section says the Act may be cited as the Emergency Powers Act. This section defines several terms used in the Act. When an emergency proclamation is in force, the President may make emergency regulations by statutory instrument. Emergency regulations, and orders or rules made under them, override any inconsistent enactment provisions while they remain in force. Emergency regulations end when the related emergency proclamation ends, and they cannot operate during certain National Assembly-approved or extended proclamation periods unless the National Assembly affirmatively allows them.

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Source version 31 Dec 1996. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Short title ........................................................................................................................................................................................................... 1

This section says the Act may be cited as the Emergency Powers Act.

Section 1

Interpretation .................................................................................................................................................................................................... 1

This section defines several terms used in the Act.

Section 2

Repugnancy with other enactments ........................................................................................................................................................ 2

Emergency regulations, and orders or rules made under them, override any inconsistent enactment provisions while they remain in force.

Section 4

Duration, etc., of emergency regulations .............................................................................................................................................. 2

Emergency regulations end when the related emergency proclamation ends, and they cannot operate during certain National Assembly-approved or extended proclamation periods unless the National Assembly affirmatively allows them.

Section 5

Proof of documents ........................................................................................................................................................................................ 2

Documents that appear to be made or issued by the President or another authority or person must be accepted as evidence and are treated as genuine unless proved otherwise.

Section 6

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Source record from zambialii.org · Source version 31 Dec 1996

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Showing 6 of 6 provisions

Amendment 2Provision 2Short titleInterpretation

§ 1Short title ........................................................................................................................................................................................................... 1Short title

This section says the Act may be cited as the Emergency Powers Act.

1. Short title This Act may be cited as the Emergency Powers Act.

Section 1Verify source

§ 2Interpretation .................................................................................................................................................................................................... 1Interpretation

This section defines several terms used in the Act.

2. Interpretation In this Act, unless the context otherwise requires— "the Constitution" means the Constitution of the Republic; [Cap. 1] "emergency proclamation" means a proclamation under the Constitution declaring that a state of public emergency exists; "emergency regulations" means regulations made under section three; "enactment" means an instrument having the force of law other than the Constitution and this Act; "the President" means the President of the Republic; "the Republic" means the Republic of Zambia.

Section 2Verify source

§ 3Emergency regulations .................................................................................................................................................................................. 1Amendment

When an emergency proclamation is in force, the President may make emergency regulations by statutory instrument.

3. Emergency regulations (1) Whenever an emergency proclamation is in force the President may, by statutory instrument, make such regulations as appear to him to be necessary or expedient for securing the public safety, the defence of the Republic, the maintenance of public order and the suppression of mutiny, rebellion and riot, and for maintaining supplies and services essential to the life of the community. (2) Without prejudice to the generality of the powers conferred by subsection (1), emergency regulations may so far as appears to the President to be necessary or expedient for any of the purposes mentioned in that subsection— (a) make provision for the detention of persons or the restriction of their movements, and for the deportation and exclusion from the Republic of persons who are not citizens of Zambia; (b) authorise— (i) the taking of possession or control on behalf of the Republic of any property or undertaking; By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Emergency Powers Act, 1964 (Chapter 108) Zambia (ii) the acquisition on behalf of the Republic of any property other than land; (c) authorise the entering and search of any premises; (d) provide for amending any enactment, for suspending the operation of any enactment, and for applying any enactment with or without modiﬁcation; (e) provide for charging, in respect of the grant or issue of any license, permit, certiﬁcate or other document for the purposes of the regulations, such fee as may be prescribed by or under the regulations; (f) provide for payment of compensation and remuneration to persons affected by the regulations; (g) provide for the apprehension, trial and punishment of persons offending against the regulations: Provided that nothing in this paragraph shall authorise the making of provision for the trial of persons by military courts. (3) Emergency regulations may provide for empowering such authorities or persons as may be speciﬁed in the regulations to make orders and rules for any of the purposes for which such regulations are authorised by this Act to be made, and may contain such incidental and supplementary provisions as appear to the President to be necessary or expedient for the purposes of the regulations. (4) Emergency regulations shall specify the area to which they apply, and may contain provision for the exclusion of persons from the area so speciﬁed if it consists of only a part of the Republic.

Section 3Verify source

§ 4Repugnancy with other enactments ........................................................................................................................................................ 2Amendment

Emergency regulations, and orders or rules made under them, override any inconsistent enactment provisions while they remain in force.

4. Repugnancy with other enactments Emergency regulations and any orders or rules made in pursuance of emergency regulations shall have effect notwithstanding anything inconsistent therewith contained in any enactment; and any provision of an enactment which may be inconsistent with any emergency regulation or any such order or rule shall, whether or not that provision has been amended, modiﬁed or suspended in its operation under section three, to the extent of such inconsistency have no effect so long as such regulation, order or rule remains in force.

Section 4Verify source

§ 5Duration, etc., of emergency regulations .............................................................................................................................................. 2Provision

5. Duration, etc., of emergency regulations (1) All emergency regulations, if not sooner revoked, shall cease to have effect when the emergency proclamation in pursuance of which they have been made ceases to have effect. (2) No emergency regulations shall have effect— (a) during a period when an emergency proclamation is in force by virtue of having been approved by a resolution of the National Assembly under the Constitution; (b) during a period when an emergency proclamation is in force by virtue of having been extended by a resolution of the National Assembly under the Constitution; unless the National Assembly has, by a like resolution in such case, afﬁrmed that those regulations shall have effect during that period.

Section 5Verify source

§ 6Proof of documents ........................................................................................................................................................................................ 2Provision

Documents that appear to be made or issued by the President or another authority or person must be accepted as evidence and are treated as genuine unless proved otherwise.

6. Proof of documents Every document purporting to be an instrument made or issued by the President or other authority or person, shall be received in evidence, and shall, until the contrary is proved, be deemed to be an instrument made or issued by the President or that authority or person. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2

Section 6Verify source

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31 Dec 1996 · currentEnglish

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