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Zambia legislation

Chiefs Act, 1965

This section says the Act may be cited as the Chiefs Act. This section defines “Chief,” “Deputy Chief,” and “kapasu” for use in the Act, unless the context otherwise requires. The President may re…

appointmentsappropriationsarrest authoritycompensationconditions of servicedelegation of functionsdisciplinegovernment paymentsgovernment recognitionoffences and penaltiespublic administrationpublic inquiriespublic peaceriot controltraditional leadershiptraditional leadership recognitiontransitional provisions
Jurisdiction
Zambia
Structure
15 provisions
Citation
Act 67 of 1965
Dates
As at 31 Dec 1996
More statute details
Dates
As at 31 Dec 1996

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01

Purpose and legislative effect

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

This section says the Act may be cited as the Chiefs Act. This section defines “Chief,” “Deputy Chief,” and “kapasu” for use in the Act, unless the context otherwise requires. The President may recognise people as holders of certain chieftaincy offices by statutory order, but only if the section’s conditions are met. The President may withdraw or suspend recognition of a person under this Act by statutory order, but only after inquiry and on the stated grounds. The President may appoint one or more people to investigate questions about recognition or withdrawal of recognition under the Act, and they must report and make recommendations to the President when finished.

02

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Source record from zambialii.org · As at 31 Dec 1996

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Showing 15 of 15 provisions

Provision 8Offence 2Amendment 2Short title
§ 1Short title ........................................................................................................................................................................................................... 1Short title

This section says the Act may be cited as the Chiefs Act.

1. Short title This Act may be cited as the Chiefs Act.
Section 1Verify source
§ 2Interpretation .................................................................................................................................................................................................... 1Interpretation

This section defines “Chief,” “Deputy Chief,” and “kapasu” for use in the Act, unless the context otherwise requires.

2. Interpretation In this Act, unless the context otherwise requires— "Chief" means a person recognised under this Act as the holder of an office specified by or under section three; "Deputy Chief" means a person holding office under this Act as the deputy to a Chief; "kapasu" means a person holding or acting in the office of kapasu to a Chief or Deputy Chief.
Section 2Verify source
§ 3Recognition of Chiefs .................................................................................................................................................................................... 1Provision

The President may recognise people as holders of certain chieftaincy offices by statutory order, but only if the section’s conditions are met.

3. Recognition of Chiefs (1) Subject to the provisions of this section, the President may, by statutory order, recognise any person as being, within the area in Zambia specified in the order, the holder of— (a) the office of Litunga of the Western Province or of any other chiefly office in the Western Province specified in the order; (b) the office of Paramount Chief, Senior Chief, Chief or Sub-Chief. (2) No person shall be recognised under this section as the holder of an office unless— (a) (b) the President is satisfied that such person is entitled to hold the office under African customary law; and in the case of a chiefly office in the Western Province, other than the office of Litunga, the person to whom recognition is accorded is recognised by the Litunga and traditional council to be a member of a ruling family in the Western Province. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 1 Chiefs Act, 1965 (Chapter 287) Zambia
Section 3Verify source
§ 4Withdrawal and suspension of recognition accorded to Chiefs ..................................................................................................... 2Provision

The President may withdraw or suspend recognition of a person under this Act by statutory order, but only after inquiry and on the stated grounds.

4. Withdrawal and suspension of recognition accorded to Chiefs (1) The President may, by statutory order, withdraw the recognition accorded to any person under this Act if, after due inquiry, he is satisfied that— (a) (b) the person has ceased to be entitled under African customary law to hold the office in respect of which recognition was accorded; or the withdrawal of the recognition accorded to the person is necessary in the interests of peace, order and good government. (2) Where the President deems it expedient to inquire or cause inquiry to be made into the question of the withdrawal of the recognition accorded to a person under this Act, he may, by statutory order, suspend the recognition so accorded until such time as the inquiry has been completed and the President has made a decision on the question.
Section 4Verify source
§ 5Inquiries .............................................................................................................................................................................................................. 2Provision

The President may appoint one or more people to investigate questions about recognition or withdrawal of recognition under the Act, and they must report and make recommendations to the President when finished.

5. Inquiries The President may appoint a person or persons to inquire into any question relating to the recognition of any person under this Act or the withdrawal of the recognition accorded to any such person and, on the completion of the inquiry, to report and make recommendations thereon to the President.
Section 5Verify source
§ 6Deputy Chiefs ................................................................................................................................................................................................... 2Provision

The President may appoint a Deputy Chief and transfer some or all of a Chief’s functions to that person by statutory order, after consulting the Chief and traditional councillors.

6. Deputy Chiefs (1) After consultation with a Chief and his traditional councillors, the President may, by statutory order — (a) appoint any person as the deputy to that Chief; and (b) subject to the provisions of subsection (2), transfer to the person so appointed, for such period as the order remains in force, all or any of the functions of the office of that Chief. (2) The traditional functions of the office of a Chief under African customary law shall not be transferred under this section to a Deputy Chief except to the extent that such functions may competently be discharged under African customary law by a person other than a Chief.
Section 6Verify source
§ 7Exclusion of former Chief or Deputy Chief from specified area .................................................................................................... 2Offence

The President may ban a former Chief or Deputy Chief from a specified area, and must cancel the ban once it is no longer necessary.

7. Exclusion of former Chief or Deputy Chief from specified area (1) Where the recognition accorded to a person as a Chief or the appointment of a person as a Deputy Chief has been withdrawn or revoked under this Act, and the President is satisfied that the presence of such person in any area would be prejudicial to the maintenance of public order in that area, the President may, by notice under his hand, prohibit such person from being within the area specified in the notice on and after a date specified in the notice, except in such circumstances and on such conditions, if any, as may be specified in the notice. (2) As soon as the President is satisfied that the necessity for the prohibition contained in a notice given under subsection (1) no longer exists, he shall cancel it by further notice under his hand. (3) A notice given under this section shall be served personally on the person to whom it relates or, if he cannot be found, shall be published in the Gazette. (4) Any person who contravenes the provisions of a notice in force under subsection (1) shall, for every such contravention, be guilty of an offence and liable on conviction to imprisonment for a period not exceeding six months. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 2 Chiefs Act, 1965 (Chapter 287) Zambia
Section 7Verify source
§ 8Payment of subsidies to Chiefs and Deputy Chiefs ........................................................................................................................... 3Provision

Chiefs and Deputy Chiefs are to be paid subsidies, and the President may determine the amount.

8. Payment of subsidies to Chiefs and Deputy Chiefs There shall be paid to every Chief and Deputy Chief, for the purpose of enabling him to maintain the status of his office and to discharge the traditional functions of his office under African customary law in a fit and proper manner, such subsidies as the President may determine.
Section 8Verify source
§ 9Kapasus ............................................................................................................................................................................................................... 3Provision

The President may determine how many kapasus are attached to each Chief or Deputy Chief, and a kapasu must promptly obey lawful directions from the Chief or Deputy Chief they serve.

9. Kapasus (1) There shall be attached to every Chief and Deputy Chief, for the purpose of aiding and assisting him in the discharge of the functions of his office, such number of kapasus as the President may determine. (2) Power to make appointments to hold or act in the office of kapasu to a Chief or Deputy Chief, to exercise disciplinary control over persons holding or acting in such offices, to remove such persons from office, and to determine the salaries and allowances payable to, the uniform or badge of office to be worn by, and the other conditions of service of persons holding or acting in such offices shall vest in the President. (3) It shall be the duty of a kapasu promptly to obey and execute all lawful directions given to him by the Chief or Deputy Chief to whom he is attached.
Section 9Verify source
§ 10Functions of Chiefs and Deputy Chiefs ................................................................................................................................................ 3Provision

Chiefs must carry out their customary-law functions and any other functions given by law, but not functions transferred to a Deputy Chief. Deputy Chiefs must carry out the Chief’s transferred functions.

10. Functions of Chiefs and Deputy Chiefs (1) Subject to the provisions of this section, a Chief shall discharge— (a) the traditional functions of his office under African customary law in so far as the discharge of such functions is not contrary to the Constitution or any written law and is not repugnant to natural justice or morality; and [Cap. 1] (b) such functions as may be conferred or imposed upon him by this Act or by or under any other written law. (2) A Chief shall not discharge any of the functions of his office which have been transferred under this Act to a Deputy Chief. (3) A Deputy Chief shall discharge such functions of the office of the Chief to whom he is a deputy as have been transferred to him under this Act.
Section 10Verify source
§ 11Preservation of public peace .................................................................................................................................................................... 3Amendment

Chiefs must keep peace in their area, and a Chief-directed kapasu may, in some cases, require nearby men to help or arrest and detain suspected offenders without a warrant.

11. Preservation of public peace (1) Every Chief is hereby required to preserve the public peace in his area and to take reasonable measures to quell any riot, affray or similar disorder which may occur in that area. (2) Whenever a riot, affray or similar disorder occurs in the area of a Chief, a kapasu thereto directed by the Chief may, when in uniform or wearing his badge of office— (a) require any male person in the vicinity to assist him in quelling the riot, affray or disorder; (b) arrest, without warrant, any person upon reasonable suspicion of his having committed an offence in connection with the riot, affray or disorder and detain any person so arrested until he can be delivered into the custody of a police officer or brought before a court of competent jurisdiction to be dealt with according to law. (3) Any person required under paragraph (a) of subsection (2) to assist a kapasu who, without reasonable excuse, refuses or fails to do so, shall be guilty of an offence and liable on conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months, or to both. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 3 Chiefs Act, 1965 (Chapter 287) Zambia (4) In this section— (a) (b) "area", in relation to a Chief, means the area in Zambia within which recognition is accorded to the Chief under this Act; references to a Chief shall, in a case where the functions of the office of a Chief under this section have been transferred to a Deputy Chief, be construed as references to the Deputy Chief. [As amended by Act No. 13 of 1994]
Section 11Verify source
§ 12Offences and penalties ............................................................................................................................................................................... 4Amendment

Any person who falsely acts as a Chief or Deputy Chief, tries to undermine their authority, or obstructs their lawful functions commits an offence.

12. Offences and penalties Any person who— (a) not being a Chief or a Deputy Chief, holds himself out to be such or purports to discharge any of the functions of the office of Chief or Deputy Chief; or (b) conspires against or in any manner attempts to undermine the lawful power or authority of a Chief or Deputy Chief; or (c) obstructs or interferes with the lawful discharge by a Chief or Deputy Chief of any of the functions of his office; shall be guilty of an offence and shall be liable on conviction— (i) (ii) for a contravention of paragraph (a) or (b), to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding one year, or to both; for a contravention of paragraph (c), to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months, or to both. [As amended by Act No. 13 of 1994]
Section 12Verify source
§ 13Institution of prosecutions ........................................................................................................................................................................ 4Offence

A prosecution for an offence under this Act cannot be started unless the Director of Public Prosecutions gives written consent.

13. Institution of prosecutions No prosecution shall be instituted against any person for an offence under this Act without the written consent of the Director of Public Prosecutions.
Section 13Verify source
§ 14Payments under this Act ............................................................................................................................................................................ 4Provision

Payments of subsidies, salaries, and allowances under this Act must come from money appropriated by Parliament.

14. Payments under this Act All subsidies, salaries and allowances payable under this Act shall be paid out of moneys appropriated by Parliament for the purpose.
Section 14Verify source
§ 15Savings .............................................................................................................................................................................................................. 4Commencement

This section preserves certain pre-existing chiefly recognitions and appointments by treating them as equivalent under the Act.

15. Savings (1) Any person who, immediately before the commencement of this Act— (a) was recognised by the President to be of chiefly status in the Western Province; or (b) was recognised under the Barotse Native Authority Act, Chapter 159 of the 1965 Edition of the Laws, as the Litunga of the Western Province; or (c) was recognised under the Native Authority Act, Chapter 157 of the 1965 Edition of the Laws, as a Paramount Chief, Senior Chief, Chief or Sub-Chief; shall be deemed to have been accorded equivalent recognition under this Act. (2) Any person who, immediately before the commencement of this Act, held an appointment as the deputy to a Chief under the Native Authority Act, Chapter 157 of the 1965 Edition of the Laws, shall be deemed to have been appointed to the equivalent office under this Act; and any functions of the By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Chiefs Act, 1965 (Chapter 287) Zambia office of a Chief which were lawfully vested in him under that Act shall be deemed to have been transferred to him under this Act. By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 5
Section 15Verify source

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2 referenced instruments

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2 instruments

  • By Laws.Africa and contributors. Licensed under CC-BY. Share widely and freely. 4 Chiefs Act, 1965

    Section 15

  • Chief to whom he is a deputy as have been transferred to him under this Act

    Section 10

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  • 31 Dec 1996 · currentEnglish

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