15. j I f f Constitution of Zambia [No. 1 7 of 1996 633 1 1 . (1) Subject to this Act and the Constfrution as amended, all property of every nature and king whatsoever and all assets that immediately before the commencement of this Act were vested in, or held in trust for, the President or in any other person in right of or for the purposes of the Government of Zambia .shall after the commencement of this Act continue to be so vested or held in trust, as the case may be. (2) Any property which, immediately before the commencement of this Act, was liable to eseheat or to be forfeited to the President for the purposes of the Government of Zambia, afterthe commence ment of this Act, be liable to cschcat or to be forfeited to the President on behalf of the Government of Zambia. 1 2. All rights, liabilities and obligations of the President or any public officer on behalf of the Government of Zambia before the commencement of this Act shall, on and after the commencement of this Act, be rights, liabilities and obligations of the President or such public officer, as the case may be, on behalf of the Government of Zambia. 1 3. (1) All proceedings that, immediately before the com mencement of this Act, arc pending before any court established by or. under the Jaw amended by section three may be continued and concluded before those courts established by or under the Consti tution. Succession to property and assets Rights. ✓ liabilities and obligations Legal proceedings (2) Any proceedings that immediately before the commence ment of this Act arc pending before any Commissionerof thc .High Court appointed by orunderthe law amended by section three shall be continued and concluded before such Commissioner, notwith standing the abolition of the office of Commissioner of the High Court. . 1 4. (I) All rights and obligations under c;'civentions, trcatic.� or agreements which were exercisable by or binding upon the Govern ment of Zambia immediately before the commencement of this Act shall continue to be so exercisable and binding. ,· Transitional V/ provisions (2) All functions which immediately before the commencement of this Act were vested in the President or in any other authority shall, as far as the same continue in existence and are capable of being exercised after the commencement of this Act, be vested in the President or the authority exercising similar functions under the Constitution as ·mended, as the case may be, except such functions a� are by this Act or any other law vested in some other authority. ()) The following provisions of this section shall have effect for the purpose of enabling any officer to whom this section applies or bis personal representatives to appeal against a decision to which this section applies, that is to say a decision within the following clauses: 1 5. Appeals in rc.-.pcct of certain decisions affecting pensions and like benefits • / 634 No. 17 of 1996] Constitution of Zambia ( a) a decision of the Scivice Commission to give such concur rence as is requlred by Article 124 orthe Constitution as amend<;d iii relation to the refusal, withholding, reduc- ----tion in amount or suspension of any benefit� in respect of such an officer's seivice as a public officer; (b) a decision by any authority to remove such an officer from office if the consequence of the removal is that benefits cannot be granted in respect of the officer's scivice as a public officer; (c) a decision by any authority to take some other disciplinary action in relation to such anofficer ifthe consequence of the action is to reduce the amount of any benefits that may be granted in respect of the officer's scivicc as a public officer. (2) Where any decision such as is referred to in subsection (I) is taken by any authority, the autho'iity shall cause to be delivered to the officer concerned, or his personal representatives, a written notice of that decisidn stating the_ time, not being less than twenty eight days from the date on which the notice is delivered, withih which he, or his personal representatives.may apply to the authority for the case to be referred to an Appeals B,oard. (3) If application is duly made to an·authority within the time stated in such a notice as is mentioned in subsection (2) for a case to be referred to an Appeals Board, the authority shall notify the President in writing of that -application and the President shall appoint an Appeals Board for.!)!at pu!Jlose consisting of.- (a) one member selected by the''President; (b) one member sekcted ° th� a;socia;ion representative of by public officers or a p�ofessional body, nominated in either case by the applic.ant;- and 0 ( c) one member selected by the two other members joint! y ( or, in default of agreement between those mem hers, by the Chief Justice) who shall be the Chairman of the Board. (4) Such an Appeals Board shall inquire into the facts oflhe case that is referred to it, and for that pUIJlOSe the l;loard- (a) shall, if the applicant so requests in wri.ting, hear the applicant either in person or by legal representative of his choice, according to the ierms of th_e request; (b) may hear any other_ person who, in the opinion of the Board, is able to give the Board information on the case; and (c) shall h Wen com may auth (5) When sue of the case, ther (a) if the c boan of Sul Com1 rever. accor. (hJ if the d board or (c) to adv sion t, board the be1 (i) V (ii) ' and that advice t accordin (6) In this sectim " pension benc of Article l " Seivice <;:orr Clause (2) o Consliwtinn of Zambia [No. 17 of 1996 635 (c) shall have access to, and shall consider, all documents that were availahlc to the authority concerned and shall also consider any fu rther document relating to the case that may be pro,luccd by or on behal f of the applicant or the authority. (5) When such an appeals board has completed its consideration or the case, then- (a) if the decision that is the subject of the reference to the board is a decision such as is mentioned in paragraph ( a) of Subsection (1), the board shall advise the appropriate Commission whether the decision should be affirmed, reversed or modi !ied and the Commission shall act in accordance with that advice; (b) if the decision that is the subject of the reference Lo the board is a ckdsion such as is mentioned in paragraph (b) or (c) of suhsection (1), the board shall not have power to advise the authority responsible for making the deci sion to af!inn. reverse or notify the decision but the board may advise the authority responsible for granting the bene!iL.s in queslion- (i) when:- the of!iccrhas been removed from of!ice, to grant all or part of the benefits for which the officer concerned would have been eligible under any law ifhe had retired voluntarily at the date of dismissal; or (ii) where some oiher disciplinary action has been taken in relation to the officer, that on the grant of any benc!its under any Jaw in respect of the officer's service such benefits shall be increased in such manner, as the board may specify in order lo offset all or any part of the reduction in the �mount of such bcnc!its that, in the opinion of the board, would or might otherwise be a consequence of the action; and that authority shall act in accordance with that advice the provisions of that law shall have effect accordingly. (6) In this section- " pension bene!its " has the meaning assigned to it in clause (5) of Article 124 or the Constitution as amended; " Service Commission " has the meaning assigned to it in Clause (2) of Article 1 23 of the Constitution as amended. Ir as c :ct m its ; a ry of ,at . a is to :n y-., ty le se le 111 �f in ,r, le d. ;e 1e ., . . ' . - . \ - . i ,·'.:, .; ,- ·; • . i .,J ___ J 636 No. 17 of 1996] . ·r ·'1.' . Constitution ofZambiay' (7) This section applies to any officer who on the 24th Octohcr, 1964, was on pensionable conditions of service and- (a) was designated under the Overseas Service Aid Scheme; or (b) was immediately before the 24th October, 1964, a mcmhcr of Her Majesty's Overseas Civil Service or Her Majesty's Overseas Judiciary; or (c) whose conditions of service included an entitlement to free overseas passages, from Zambia for the purposes of leave of absence upon the completion of a tour of duty; or (d) was not a citizen of Zambia. . . (-. Compul.<mry relirnmcnt of non-dti:rcns