Prohibition of Anti-Personnel Mines Act, 2003
This section defines “officer” and lets the Minister appoint people for specified anti-personnel mine-related purposes.
- Jurisdiction
- Zambia
- Instrument
- Act or statute
- Citation
- Act 16 of 2003
- Version
- 12 Dec 2003
- Language
- en
- Official source
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About this statute
This section defines “officer” and lets the Minister appoint people for specified anti-personnel mine-related purposes. This section says who the Act applies to. The Centre is established to handle all humanitarian demining programmes and sits under the foreign affairs ministry and its minister. This section creates the Anti-Personnel Mines Committee and sets out how its members are appointed, how it meets, and some basic procedural rules. The Committee must formulate and review anti-personnel mines policy, review related activities, establish an Anti-personnel Mines Trust Fund, and implement the Convention.
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Provisions of Prohibition of Anti-Personnel Mines Act, 2003
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- 3 Verify source ↗
Meaning of" officer"
This section defines “officer” and lets the Minister appoint people for specified anti-personnel mine-related purposes.
3. (1) For the purposes of this Act, "officer " means-- (a) a member of the Zambia Police Force; (b) a member of the armed forces; (/) a customs officer; (g) a member of staff of the Centre designated as such; or (h) any person appointed under subsection (2). Meaning of .. officer" 144 No.16 of 2003] Prohibition of Anti-Personnel Mines (2) The Minister may, on the advice of the Committee, by statutory order, appoint any person to- (a) use, develop, produce, otherwise acquire, possess, retain or transfer an authorised anti-personnel mine for the purposes of developing, or training persons in, techniques or mine detection, mine clearance, mine deactivation, or mine des1ruction; (b) seize, receive, or acquire an anti-personnel mine for the purposes of deactivating or destroying the mine; (c) retain an anti�personnel mine pending the deactivation or destruction of the mine; (d) transfer an anti-personnel mine for the purposes of deactivating Qr destroying the mine; (e) deactivate or destroy an anti-personnel.mine; or (j) accompany or assist a member of a fact-finding mission. Application - 4 Verify source ↗
Application
This section says who the Act applies to.
4. ThisAct applies to- Cap. 388 (a) all Zambian citizens within and outside Zambia;[ (b) all foreign persons living in Zambia and all forei!lll firms and companies operating in Zambia whether or not registered under the Companies Act; (c) all bodies corporate registered in Zambia; and (d) any member of an armed force including any person seconded to the armed forces whether or not such a person is a Zambian. PARTJI THE ZAMBIA ANTI-PERSONNEL MINES ACTION CENTRE Establishment of Centre - 5 Verify source ↗
Establishment ofCentre
The Centre is established to handle all humanitarian demining programmes and sits under the foreign affairs ministry and its minister.
5. (1) There is hereby established theZambiaAnti-PersonnelMines Action Centre which shall be responsible for all humanitarian demining programmes. (2) The Centre shall be a department in the Ministry responsible for foreign affairs and shall be under the control and supervision of the Minister responsible for foreign affairs. (3) The expenses ofthe Centre shall be charged upon and issued Constitution of Committee out of the general revenues of the Republic. -- - 6 Verify source ↗
ConstitutionofCommittee
This section creates the Anti-Personnel Mines Committee and sets out how its members are appointed, how it meets, and some basic procedural rules.
6. (1) There is hereby constituted the Anti-Personnel Mines .. , . Committee which shall consist of tl;i,e fqllo\\'.ingpa)'l-tin)e members appointed by the Minister: (a) a representative of the Ministry responsible for foreign affairs, who shall be the Chairperson; (b) a representative of the Ministry responsible for defence, who shall be the Vice-Chairperson; , • • Prohibition of Anti-Personnel Mines [No.16 of 2003 145 (c) a representative of the Ministry responsible for home affairs; (d) a representative of the Ministry responsible for fmance; (e) a representative of the Ministry responsible for health; (j) a representative of the Ministry responsible for community development and social services; (g) a representative of the Ministry responsible for lands; (h) a representative of the Ministry responsible for tourism, environment and natural resources; (i) a representative of the Ministry responsible for education; (j) a representative of the Ministry responsible for labour; (k) a representative of the Ministry responsible for information; (/) a representative of the Office of the President; (m) a representative of the Attorney-General; and (n) the Director. (2) The following persons may be invited to attend meetings of the Committee but they shall have no vote: (a) a representative of the United Nations Development Programme; (b) a representative of the United Nations International Children's Education Fund; (c) a representative of the United Nations High Commission for Refugees; (d) a representative of the International Committee of the Red Cross; and (e) a representative of the Zambia CampaignAgainstLandrnines. (3) Subject to subsection (4) a member of the Committee shall hold office for a period of three years from the date of appointment but may be eligible for re-appointment for a further term of three years. ( 4) The office of a member shall become vacant- (a) if that member is absent without reasonable excuse from three consecutive meetings of the Committee of which the member had notice; (b) upon the member's death; (c) if the member is adjudged bankrupt; ( d) on a member ceasing to hold the office by virtue of which the member was appointed; (e)'ifthe meinber iiecomes'meritally or physically incapable of performing the duties ofa member of the Committee; or (j) if the member is convicted of im offence under any written law and sentenced therefor to imprisonment for a term exceeding six months. 146 No. 16 of 2003) Prohibition of Anti-Personnel Mines (5) Where a vacancy occurs in terms of subsection ( 4), the Minister may appoint a new member in accordance with subsection (I), to hold office for the unexpired part of the outgoing member's term. (6) A member of the Committee shall be paid such allowances as the Minister may determine. (7) Subjectto the other provisions of this Act, the Committee may regulate its own procedure. (8) The Committee shall meet for the transaction ofbusiness at least once in every three months at such places and times as the Chairperson may determine. (9) The quorum at any meeting of the Committee shall be seven members of the committee. {I 0) There shall preside at any meeting of the Committee . (a) the Chairperson; (b) in the absence of the Chairperson, the Vice-Chairperson; or (c) in the absence of both the Chairperson and the Vice Chairperson, such member as the members present may elect from their number for the purposes of that meeting. (I I ) The determination of any matter before the Committee shall be according to the votes of the majority of the members present and considering the matter. ( 12) The Committee may invite any person whose presence in its opinion is desirable to attend and to participate in the deliberations of a meeting of the Committee but such person shall have no vote. (13) The Committee shall cause minutes to be kept of the proceedings of every meeting of the Committee. (14) The Minister shall _assign persons employed at the Centre to perform such secretarial and administrative functions in connection with the Committee as may be necessary for the performance of its functions. Functions of Committee - 7 Verify source ↗
Functions of Committee
The Committee must formulate and review anti-personnel mines policy, review related activities, establish an Anti-personnel Mines Trust Fund, and implement the Convention.
7. The functions of the Committee shall be--- (a) to formulate and review anti-personnel mines policy; (b) to review activities related to anti-personnel mines; (c) to establish an Anti-personnel Mines Trust Fund; and ( d} to implement the Convention. Director and other public officers - 8 Verify source ↗
Director and other public officers
This section creates a Director for the Centre, appointed by the Public Service Commission, and gives the Director responsibility for administration, safety matters, and Act-related functions.
8. (I) ThereshaUbe a Director for the Centre who shall be a public officer appointed by the Public Service Commission. (2) The Director shall, subject to the general or specific directions of the Minister- ,, i j� . , • • • • Prohibition of Anti-Personnel Mines [No. 16 of 2003 147 (a) be responsible for the control and administration of the Centre; (b) have overall responsibility for matters concerning safety in the possession, use, storage, transfer, importation, exportation and destruction of anti-personnel mines in the Republic; and (c) exercise the functions conferred or imposed upon the Director by, or under, this Act. (3) There shall be appointed by the Public Service Commission such public officers as shall be necessary to assist the Director in the performance of the Director's functjons under this Act: Provided that an officer from (a) the armed forces; (b) the Zambia Police Forces; (c) the Customs Division of the Zambia Revenue Authority; or (d) the Public Service; may be seconded to the Centre. , ( 4) Any function conferred by or under this Act on the Director may be performed by any person acting as Director if the Director is unable to perform any function due to any cause. ( 5) There shall be paid- ( a) to an officer who is injured; or (b) in respect of the estate ofan officer who dies; in the course of duty under this Act, such compensation as the Minister may, on the recommendation of the Committee, by statutory instrument, determine. PARTill PROHIBITION OF ANTI-PERSONNEL MINES - 9 Verify source ↗
Prohibition of anti-personnel mines
A person must not use, handle, transfer, import, export, or otherwise deal with anti-personnel mines, related component parts, or manufacturing plans or designs, subject to section 11.
9. (1) Subject to section eleven a person shall not (a) use an anti-personnel mine; (b} develop, produce, or otherwise acquire an anti-personnel mine; (c) possess, retain or stockpile an anti- personnel mine; ( d) transfer to anyone, directly orindirectly, an anti-personnel mine; (e) deal in an anti-personnel mine; (f) import or export an anti-personnel mine; (g) possess, procure, manufacture, stockpile, transfer, deal in, import or export a component part; (11) possess, procure, manufacture, stockpile, transfer, deal in, import or export plans or designs for the purposes of manufacturingan anti-personnelmineoracomponentpart; or Prohibition of anti personnel mines 148 No. 16 of 2003] Prohibition of Anti-Personnel Mines • (ij assist, encourage or induce, in any way, any person to engage in conduct referred to in paragraphs ( a) to (h). (2) Anyperson who contravenes subsection (1) commits an offence and shall be liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding seven years, or to both. (3) A court, convicting any person of an offence under this section may declare any vehicle, equipment, real or other property or object in respect of which the offence was committed or which was used for, in or in connection with, the commission of the offence, forfeited to the State. . ( 4) Where--- (a) the court proposes to order any vehicle, equipment, real or other property to be forfeited under this section; and (b) a person claiming to have an interest in it applies to be heard by the court; the court shall not order any vehicle, equipment, real or other property to be forfeited unless that person has been given an opportunity to show cause why the order should not be made. Jurisdiction of courts - 10 Verify source ↗
Jurisdiction of Courts
Courts may hear offences under the Act with written consent from the Director of Public Prosecutions, even if the conduct happened outside Zambia.
10. (1) Any court may, with the written conscnt ofthe Director of Public Prosecutions, try a person for an offence under this Act, notwithstanding the fact that the act or omission to which the charge relates, was committed outside Zambia. • Exemptions to prohibitions (2) For the purpose ofconducting trials within Zambia, criminal proceedings for any actprolnbited in tenns ofthisAct that is committed outside Zambia may be instituted and the offence shall be deemed as having been committed in Zambia. (3) Notwithstanding the provisions of any law to the contrary, any magistrate's court of the first class and above bas jurisdiction to impose any penalty provided for in terms of this Act. - 11 Verify source ↗
(1) Notwithstanding subsection (1) of section nine
This section allows certain officers, customs officers, and persons to handle anti-personnel mines only for specified collection, deactivation, destruction, evidence, or training purposes.
11. (1) Notwithstanding subsection (1) of section nine - ( a) an officer may, in the course of the officer's employment or duties, use, develop, produce, or o!herwise acquire, possess, retain, or transfer an authorised anti-personnel mine for the purposes of developing, or training persons in, techniques of mine deactivation or mine destruction; (b) a person may possess an anti-personnel mine until an officer collects, deactivates, or destroys the mine, and a person may make an anti-personnel mine available to an officer for collection, deactivation or destruction if the person- (i) complies with section twenty-nine; and • • Prohibition of Anti-Personnel Mines (N_o. 16 of 2003 149 (ii) as soon as pra cticable afte r be comi ng awa re that the person possesses the mine , t akes a ll rea sonab le step s to ensure the mi ne wil l not be explo de d before an offi ce r collects, dea cti vates or destroys it; (c) an office r may, in the cou rse of the offi ce r's e mp loy ment or duties, seize, re ceive oracquire an anti-personne l mine for the p urposes of dea ctiva ti ng .or destroying the mine, or re tain a n anti-personnel mine for the p urpose s of dea ctivati ng or destroying the m ine, or deacti vate or des troy an ant i-personne l mine; (d) a customs office r may posse ss an anti-personnel mine that ha s been seize d in the cou rse of that officer' s duties and in t he exer cise of tha t person' s powers unde r t he Customs and Excise Act: Provide d that if t he customs officer is not an office r in terms of se ction three the cu stoms offi ce r shall , as soon as practi cab le after seizing the mine , hand over such mine to a n offi cer; and (e) a per son may re ceive, posse ss, move or transfe r an anti pe rsonnel m ine for t he p urposes of a ny p rocee dings u nder this Act or of a ny criminal i nvestigation or ot he r crimina l p rocee dings i n which the anti-personnel mine in question is or may be evidence . Cap. 322 (2) Thep ro visionsoftheExp losivesAct shallapp ly, with necessary Cap. ! I S modifi cation, to the use, storage and transfe r of anti-pe rsonnel mine s retaine d for t he purposes state d in this se ction. Transfer of anti personnel mines Conduct that is permitted - 12 Verify source ↗
Transfer of anti-personnel mines
An officer may transfer an anti-personnel mine to or from Zambia only with the Minister’s written authorisation and only for mine-detection, clearance, deactivation, or destruction training purposes.
12. Subj ect to anyotherwrittenlawon arms transfers, with the written authorisation of the Ministe r, an officer may, in the course of employ me nt or duties transfer a n a nt i-pe rsonnel mine to and from Zambia for the purposesofdevelop ingortrainingpersonsintechniquesofmine detection, mine cleara nce , mine deactivation or mine destru ction. - 13 Verify source ↗
Conductthatis permitted
Section 13 says several dealings with an anti-personnel mine are not a contravention of section 9 if the stated conditions are met.
13 . (I) ln p roceedin g s for a n offence under se ction nine it shall be a defence fo r the accuse d to p rove tha t the a ccuse d' s condu ct was prevente d from being a contravention of that se ction by the provisions of section eleven. (2) Itis not a contravention of section nine for a pe rson to participate in the transfe r ofa n a nti-pe rsonnel m ine if- ( a) the person does so with the intention t ha t it will be use d only for the p urposes perm itte d by se ction eleven ; and (b) t he transfe r in q ue stion is authorise d by the Director for the p urposes of that se ction: • 150 No.16 of 2003] Prohibition of Anti-Personnel Mines (3) It is not a contravention of section nine for a person- (a) to participate in the transfer of an anti-personnel mine for the purpose of enabling it to be destroyed; or (b) to have such a mine in the person's possession for the purpose, with or without such a transfer, of securing its destruction. ( 4) It is not a contravention of section nine for a person to have an anti-personnel mine in the person's possession if- (a) the person has the mine in the person's possession with the intention that it will be used only for the purposes permitted by section eleven; and (b) it is a mine which the Director has authorised the person to have in that person's possession for the purposes of this subsection. (5) It is not a contravention of section nine for a person to participate in the acquisition of an anti-personnel mine if- ( a) the acquisition that has been made, agreed or arranged is an acquisition by means of a transfer which is permitted by virtue of subsection (2) or (3); and (b) the person participates in that acquisition- (i) with the intention that the mine will be used only for purposes permitted by section eleven; or (ii) for the purpose, with or without a further transfer, of enabling the mine to be destroyed. ( 6) It is not a contravention of section nine for a person at any time to assist, encourage or induce any conduct if, at that time, the person has reasonable cause to believe-- (a) that the conduct in question is conduct which is or will be prevented by the provisions of this section from being a contravention of section nine; or (b) that it will be so prevented if it were not otherwise prevented from being such a contravention. (7) No person shall be authorised by the Minister for the purposes of subsection (2) or ( 4) to transfer, or to have in the person's possession, any anti-personnel mine of any description in numbers in excess of what is necessary for the purposes permitted by section eleven. - 14 Verify source ↗
Restriction on the number of anti-personnel mines to be retained
People covered by section 11 must keep anti-personnel mines in Zambia within the number set by the Minister.
14. (I) The total number of anti-personnel mines retained inZfilnbia by the persons referred to in section eleven, shall not exceed such number of anti-personnel mines, as the Minister may, on the advice of the Committee, by statutory order, specify: Provided that in each instance the number specified shall be limited to that which is absolutely necessary for the purposes stated in subsection (I) of section eleven. (2) Notwithstanding the other provisions of this Act, the number of components commonly used in other mines will not be limited. Restriction on the number of anti- ,�� personnel mines to be retained • • • Prohibition of Anti,Personnel Mines [No. 16 of 2003 151 Control over, possession and use of anti personnel mines Mine clearance activities by Zambian persons - 15 Verify source ↗
Control over, possession and use ofanti-personnel mines
Specified security bodies and authorised persons must possess and control certain anti-personnel mines kept for approved training and development purposes.
15. (1) The armed forces, the Zambia Police Force, the Centre and any other person that the Minister may, in writing authorise, shall possess and have control over anti-personnel mines that the Minister has authorised to be retained for the development of and training in mine detection, mine deactivation, mine clearance or mine destruction techniques. (2) An officer or an employee of the Centre specifically designated as an officer and tasked for that purpose may in the course of that employee's employment or duties seize, receive, possess, move, destroy or transfer anti-personnel mines for the purposes stated in subsection (1). (3) A police officer may seize, receive, possess, move or transfer anti-personnel mines for the purposes of enforcing any law. - 16 Verify source ↗
Mine clearance activities by Zambian persons
A Zambian person may do mine clearance outside Zambia only if authorised by the Minister. Certain persons may also possess and transfer a limited number of anti-personnel mines for listed purposes, but must get written Ministerial authority for relevant activity in Zambia and keep prescribed written records.
16. (1) A Zambian person may undertake mine clearance activities outside Zambia if such a person is authorised by the Minister. (2) Any person referred to in subsection (1) may- (a) subject to subsection (1) of section nine, subsection (1) of section eleven, section twelve, and subsection (2) and (3) of section thirteen, in the course of that person's ', employment or duties possess and transfer a limited number ofanti-personnel mines, for the purposes of- (i) training persons in mine detection, mine clearance or mine destruction techniques; (ii) developing mine detection, mine clearance or mine destruction techniques; and (iii) destruction; (b) shall, if engaging in any activity contemplated in subsection (1) of section seventeen within the borders ofZambia,- (i) obtain written authority from the Minister to possess or transfer anti-personnel mines for such purposes; and (ii) maintain a written record in the prescribed form of all anti-personnel mines retained or destroyed by that person. - 17 Verify source ↗
Military activities
A member of the armed forces may take part in certain military operations with a state that is not party to the Convention if the activity does not breach the Convention and is not active assistance in a prohibited activity.
17. (1) A member of the armed forces may in the course of that member 's duties participate in operations, exercises or other military activities with armed forces of a State that is not a party to the Convention: Provided that the operation, exercise or military activity is not in contravention of the Convention and that such participation does not amount to active assistance in any activity prohibited by the Convention and this Act. Military activities i • 152 No. 16 of 2003] Prohibition of Anti-Personnel Mines (2) If such a contravention occurs, the Minister shall review and may terminate further involvement of a member of the armed forces referred to in subsection (1) in such operation, exercise or other mili!ary activity or may take other appropriate action as the Minister may consider necessary. (3) A military force of another Slate visiting Zambia in terms of an international obligation or an agreement between that State and the Government of Zambia, and the members of such a force, shall be bound by the provisions of this Act. ( 4) Any agreement concluded between that State and the Government of Zambia shall, where appropriate, make reference to this Act. PARTIV DESTRUCTION AND CLEARANCE OF ANri-PERSONNELM!NEs Surrender of anti personnel mines and forfeiture to State - 18 Verify source ↗
Surrender of anti-personnel mines and forfeiture to the State
People knowingly holding anti-personnel mines, or parts of them, must notify the Director or an officer and arrange collection within six months of commencement unless authorised or otherwise provided for. Officers must register the notice and help ensure collection; collected or seized mines are forfeited to the State.
18. (1) Unless authorised by the Minister in terms of this Act or othetwise provided for in this Act, any person knowingly in possession ofan anti-personnel mine, or a component part thereof, shall, as soon as practicable, but not later than six months, after the commencement of this Act, take all reasonable steps to notify the Director or an officer of such possession and arrange for its collection. (2) An officer shall register and inform the Director of such notification and take all reasonable and immediate steps to ensure the collection of such mines. (3) In the instance of a rnilitary operation deployment outside Zambia, a military officer, police officer, or any other person designated for this purpose, may be notified and such military officer, police officer or person shall take possession of any anti-personnel mine. (4) In the instance of a military deployment outside Zambia, a military officer, police officer, or any other person designated for this purpose, may be notified and take possession of any anti-personnel mine. (5) All anti-personnel mines collected or seized shall, without notice, be forfeited to the State. PARTY FACT-FINDING MISSIONS Fact-finding mission - 19 Verify source ↗
Fact-findingmission
A fact-finding mission member has the right to enter and inspect premises, and everyone must allow that access in accordance with the Convention.
19. A member ofa fact-finding mission shall have the right, and every person shall permit a mernber of the fact-finding mission,.to ( a) enter any premises in accordance with the Convention; (b) inspect the premises in accordance with the Convention; and (c) exercise, in connection with a fact-finding mission a function contemplated, or a power provided for, in the Convention. Prohibition of Anti-Personnel Mines [No. 16 of 2003 153 - 20 Verify source ↗
Officers who may accompany member offact-finding mission
A member of a fact-finding mission may be accompanied by any officer. A person appointed by the Minister under section 3(2) may not accompany a member of a particular mission unless appointed under paragraph (j) of section 3(2) to accompany or assist that member.
20. (1) To facilitate a fact-finding mission, a member of a fact finding mission may be accompanied by any officer. (2) Notwithstanding subsection (1), a person appointed by the Minister under subsection (2) of section three may not accompany a member of a particular fact-finding mission unless that person is appointed under paragraph (j) of subsection (2) of section three to accompany or assist that member. Officers who may accompany member offact finding mission - 21 Verify source ↗
Minister may issue directions
The Minister may issue written directions to any person to help a fact-finding mission, and a person directed must provide the specified information within the stated reasonable period. Wilful non-compliance is an offence.
21. (1) The Minister may, by notice in writing, issue directions to any person for the purposes of facilitating a fact-finding mission under the Convention. Minister may issue directions (2) The Minister may, under subsection (1), direct a person to provide to a fact-finding mission, by speaking to a member of the mission or otherwise, any information relating to a compliance issue specified in a direction, within such reasonable period as is specified in the direction. -(3) Any person who wilfully fails to comply with the direction given by the Minister under this section commits an offence and shall be liable, on conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding six months, or to both. - 22 Verify source ↗
Indentification certificate
The Minister may issue a certificate for a member of a fact-finding mission or an accompanying officer.
22. (1) The Minister may issue a certficate identifying any member ofa fact-finding mission or any officer who may accompany a member ofa fact-finding mission. Identification certificates (2) The certificate referred to in subsection (I) shall- (a) identify the member by name and indicate the member's status and authority to conduct a fact-finding mission in Zambia; {b) state that the member enjoys the privileges and immunities under Article VI of the Convention on the Privileges and Immunities of the United Nations, adopted on 13th February, 1946; and (c) set out such other information and any conditions attached to the member's fact-finding activities in Zambia as the Minister considers necessary. - 23 Verify source ↗
Search warrants
A Judge or Magistrate may issue a search warrant for premises if satisfied there are reasonable grounds and an application is made; the warrant can also let officials enter, use reasonable force, and be subject to conditions.
23. (I) A Judge or Magistrate who, on an application, is satisfied that there are reasonable grounds for believing that entry to any premises by a member ofa fact-finding mission is necessary for the purposes of , ·exercising any function contemplated, or any power provided for, in the Conve�tion, may issue a search warr�t fu: respect of the preiirises. Search warrants (2) An application under subsection (I)- ( a) may not be made unless the consent of the person is not, or may not be, obtainable; 154 No. 16 of 2003] Prohibition of Anti-Personnel Mines (b) shall be made by an officer in writing; and (c) shall include a copy of relevant Articles of the Convention and a copy of the documents, if any, authorising the fact finding mission. (3) For the purposes of paragraph (a) of subsection (2), "consent" means consent to a member of fact-finding mission, and any officer who may accompany the member, entering the premises to exercise any function contemplated, or any power provided for, in the Convention. (4) A warrant issued under subsection ( l )- (a) shall authorise the member of the fact-finding mission, and any officer who may accompany the member, to enter the premises at any time within fourteen days of the issue of the warrant or within such further period of time as a Judge or Magistrate may specify in the warrant, for the purposes of exercising any function contemplated, or any power provided for, in the Convention; (b) shall authorise an officer who may accompany the member of a fact-finding mission to use such force as is reasonable in the circumstance for effecting entry to, or inspection of, the premises specified in the warrant, including force to break down the door or break open anything in the premises; and (c) may be issued without conditions or subject to any conditions the judge or magistrate thinks fit. - 24 Verify source ↗
Obligations of officer accompanying member of fact-finding
Officers accompanying a fact-finding mission on an inspection must identify themselves, show any warrant if required, give inventory or notice for seized or entered premises, and report suspected offences to police if they are not police officers.
24. (1) Every officer who accompanies a memberofa fact-finding mission on an inspection- ( a) shall carry any identification certificate issued to the officer under section twenty-two or another means,ofidentifying oneself as an officer who may accompany a member of a fact-finding mission; (b) shall produce the identification certificate or other means of identification to any person appearing to be in charge of any premises entered-- (i) on entering the premises, if such a person is present; and (ii) at any reasonable time afterwards, if asked to do so by the person; (c) shall have any warrant issued under section twenty-three or otherwise, authorising entry to the premises with the officer and produce it if required to do so; and ( d) if anything is seized, shall ensure that an occupier or person in charge of the premises is given a written inventory of all things seized. ' ·, Obligations of officer accompanying memberof fact:. finding mission Prohibition of Anti-Personnel Mines [No.·16 of 2003' 155 (2) If there is no p erson appearing to b e in charge of the p remises at any time b etween the time of entry and the time the in sp ection concerned has b een comp leted, every offi cer who accompanies a member ofa fa ct-findin g mission on the insp ection shall, as soon as p racticab le after the insp ection is comp leted, ensu re that an occupier or p erson in charge of the p remises is g iven a wr itt en notice stating that the p remises have been entered, and specifying- ( a) the time and date of entry; (b) the ci rcumstances and p urpose of entry; and (c) the n ame ofevery person entering. (3) I f an officer who is not a memb er of the police discovers any offence or suspec ted offence under this Act as a result of accomp anying a memb er ofa fact-fmding mi ssion on an i nsp ection , the officer shall report that offen ce or susp ected offence to the police as soon as p racticab le after the completion of that insp ection. - 25 Verify source ↗
Obstruction of member of fact-finding mission
A person must not wilfully obstruct, hinder, resist, or deceive a fact-finding mission member exercising functions or powers in Zambia.
25. (I) Any p erson who wilfu lly ob structs, hinders, resists or deceives any memb er ofa fact-finding mis sion who is ex ercising in , Z.a mbia any function con temp lated, or any power p rovided fo r, i n this Act, the Con vention or this Act commits an offence . an d shall b e liable, on conviction , to fin e not exceeding five thousand p enalty urrits, Obstruction of memberof fact- . finding mission Privileges and immunities for fact finding missions or to imprisonment for a term not exceedin g six months, or to both. (2) Nothing in sub section(!) applies to a refusal to give consent to entry b y a member of a fact-findin g mission who is not acting pursuant to a search warrant issued under section twenty-three . - 26 Verify source ↗
Privileges and immunities for fact-fmding missions
Members of a fact-finding mission are entitled to immunity, privileges, and exemptions described in this section, subject to waiver by the UN Secretary-General.
26. (!) Members ofa fact-finding mission shall enjoy- (a) i mmun ity from suit and legal p rocess in resp ect of thing s done or omitted to b e done b y them in th e carryin g out of t heir fun ction s un der this Act, the Conven tion or thi sAci; (b) the like immunity from p erson al arrest or deten tion and the like inviolab ility for all p ap ers and documents as, in accordan ce with the 1 961 Articles, are accorded to a diplomatic agent; a nd (c) the like exemptions and p rivileges in resp ect of their person al bagg ag e as, in accordance with Article 36 of the 1961 A rticles, are accorded to a dip lomatic agent. (2) The immurrities, privileges and exemptions accorded to members of fact-finding missions by virtue of paragraphs (b) and (c) of subsection (1) shall be enjoyed b y them at anytime when they are in Zambia- (a) for the p urpose of canyingout i n Za mbia any of the functions of the mission;.or • • 156 No. 16 of 2003) Prohibition of Anti-Personnel Mines (b) while in transit lo, or from, a country or territory in connection with the carrying out, in that country or territory, of any of the functions of the mission. • Cap.20 R<:imbursamit of expenditure Conditions imposed on member offact finding mission (3) If any of the immunities, privileges or exemptions accorded to a member ofafact-fmding mission under tl\is section is waived in any particular case by the Secretary-General of the United Nations, this section shall have effect in that case as if it did not confer that immunity, privilege or exemption on that member of the mission. ( 4) If in any proceedings a question arises whether a person is or is not entitled to any immunity, privilege or exemption by virtue of this section, a certificate issued by or under the authority of the Minister stating any fact relating to that question shall be conclusive evidence of that fact. (5) In this section " the 1 961 Articles " means the Articles of!he Vienna Convention on Diplomatic Relations of 196i which are set out in the First Schedule to the Diplomatic hnmunities and Privileges Act. - 27 Verify source ↗
Reimbursementofexpenditure
The Minister may reimburse expenses connected to carrying out a fact-finding mission’s functions.
27. The Minister may reimburse any person in respect of expenditure incurred in connection with the carrying out of the functions of a fact-finding mission. - 28 Verify source ↗
Conditions imposed on member of fact-finding mission
The Minister may impose conditions on a fact-finding mission member, and members must follow safety standards.
28. (1) The Minister may impose conditions on a member of a fact-finding mission relating to- ( a) the protection of sensitive equipment, information or areas; (b) the protection of the constitutional obligations of Government with regard to property rights, search and seizure and any other constitutional riglits; and (c) the physical protection and safety of the member of the fact finding mission. (2) Any condition of appointment may provide that the member is not authorised to exercise specified powers whilst on specific premises. (3) In the event that the Minister imposes any condition on any member of a fact-finding mission, the Minister shall make every reasonable effort to demonstrate through alternative means Zambia's compliance with the Convention. ( 4) Members ofa fact-finding mission shall adhere to commonly accepted safety standards and practices relevant to anti-personnel mines. • r n,.-,• PARTVI INFORMATION AND DOCUMENTS - 29 Verify source ↗
Supply of information
People dealing with anti-personnel mines must notify the Minister, keep records, prepare periodic reports, and send those reports to the Director in the required form and timing.
29. (1) Any person who uses, develops, produces, otherwise acquires, possesses, retains, or transfers an anti-personnel mine shall- �upply o_f mformation , Prohibition of Anti-Personnel Mines [No. 16 of 2003 .157 (a}'iotify the Minister of the anti-personnel mine as soon as practicable after this Act connnences by giving written notice in a form approved by the Director and containing the information required by the form; (b) keep records in relation with an anti-personnel mine and the purpose for which the anti-personnel mine is kept; (c) prepare, from those records, periodic reports relating to anti personnel mines in a form approved by the Director; and (d) 'send those periodical reports to the Director at intervals specified by the Minister by regulations made under this Act. (2) The records and reports referred to in paragraphs (b) to (d) of subsection (I ) shall be sufficient to enable the Minister to determine whether the Convention and the provisions of this Act and any regulations made under this Act are being complied with. (3) Every person who, without reasonable excuse, refuses or fails to comply with subsection (I) commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand penalty units, or to imprisonment for a term not exceeding one year, or to both. - 30 Verify source ↗
(1) The Director may, by notice in writing given to a person,
The Director may require a person, by written notice, to provide specified information or documents within the period and manner stated in the notice.
30. (1) The Director may, by notice in writing given to a person, require the person to give to the Director such information as is specified in the notice, within such reasonable period and in such manner as is specified in the notice. (2) Information required by a notice under subsection (I) shall be given, in writing, and- ( a) if given by a natural person, shall be signed by the person; or (b) if given by a body corporate, shall be signed by an officer authorised to sign on behalfof the body corporate. (3) The Director may, by notice in writing, given to a person, require the person to give to the Director a particular document or documents of a particular kind, specified in the notice, within such reasonable period as shall be specified in the notice. (4) The powerofthe Directorunder this section to require a person to give information or documents to the Director shall be in addition to any obligation to give information or documents that the person may have under section twenty-nine. (5) This section applies if the Director considers that any person is capable of giving information that is relevant to- ( a) a report or clarification required to be given by Zambia to the Secretary-General of the United Nations under the Convention; or Director may seek information , l J · 158 No.16 of 2003] Prohibition of Anti-Personnel Mines Failure to supply infonnation an offence False or misleading statements or documents (b) the implementation of the Convention or the enforcement of this Act. - 31 Verify source ↗
Failure to supply information an offence
A person who, without reasonable excuse, ignores a notice under section 30 commits an offence and may be fined up to 30,000 penalty units, jailed for up to one year, or both.
31. · Any person who, without reasonable excuse, fails to comply with a notice under section thirty commits an offence and shall be liable, on conviction, to a fine not exceeding thirty thousand penalty units, or to imprisonment for a term not exceeding one year, or to both. - 32 Verify source ↗
False or misleading statements or documents
A person must not make false or misleading statements, or leave out information, in a document prepared under this Part if doing so makes the document false or misleading in a material way.
32. Any person who, in any document prepared under this Part, makes a statement or omits any matter !mowing that, or being reckless as to whether, the statement or omission makes a document false or misleading in a material particular commits an offence and shall be li;ible, on conviction, to a fine not exceeding t hirty thousand penalty units, or to imprisonment for a term not exceeding one year, or to both. PARTVII INTERNATIONAL Co-OPERATION International co-operation - 33 Verify source ↗
International co-operation
International co-operation or assistance by the Republic under Article 6 must be covered by a formal agreement with the other parties.
33. (I) Any international co-operation or assistance rendered or received by the Republic under Article 6 of the Convention shall take place in terms of a formal agreement between the Republic and the other party or parties to the agreement. (2) The agreement shall specify- (<i) the nature and conditions of the assistance or co-operation; (b) the obligations of all parties, including obligations in terms of costs and reimbursements; (c) any diplomatic privileges and immunities to be enjoyed by any person; and (d) procedures for the settlement of disputes. (3) The agreement may provide for- (a) the exchange of equipment, material and scientific and technological information concerning the implementation of the Convention; (b) humanitarian de-mining, includingc (i) assistance for mine clearance; (ii) victim assistance; (iii) mine awareness programmes; (iv) land mine impact surveys; (v) demining; and (vi) any other related activities; (c) the care, rehabilitation and social and economic reintegration of mine victims; Prohibition of Anti- P e rsonnel Mines [No. 16 of 2003 159 (d) assistance through the Un ited Nations syste ms, othe r interna tional or region al organisations or in stitutions, non governmental organisations or institutions, or on a bila te ral basis, or by con tributin g to an y Un ited N ation s fund established for assistance in m ine ac tion; and (e) an y othe r matte r rel atin g to the imp le men tation of the Con vention. PARTVIII POWERS OF THE DIRECTOR OF PUBLIC PROSECUTIONS - 34 Verify source ↗
· Consent ofDirector of Public Prosecutions
A prosecution for an offence under Part III needs the written consent of the Director of Public Prosecutions.
34. (I) No p rosec ution fo r an offence unde r P art ill shal l be instituted excep t by and with the written consen t of the Director of P ublic P rosec ution s. Consent of Director of Public Prosecutions (2) Not withstandin g sub sec tion (1), a pe rson may be c harged with n offence unde r P art ill and may be arrested fo r that offence or a warrant for the arrest of the person may be issued and e xecuted , and any suc h person may be remanded by the court, in c ustod y or on bail ·notwithstandin g that the written consent of the Direc tor of P ub lic P rosec utions to the institution of the p rosecution for the offence for whic h the person is c harged has not been obtained: P rovided that no pe rson shall be re manded in custody or on b ail for · · a pe riod lon ge r than se ven d ays on any c harge unless in the mean time t he w ri tten consen t of the Direc tor of P ublic Prosecutions referred to in this subsection has been obtained . • (3) When a person is b rought before a court before the written consent of the Direc tor of P ublic P rosec ution s to the institution ofa prosec ution against theperson is obtained, the charge shall be e xplained to the acc used person b ut the person shall not be c alled upon to plea. - 35 Verify source ↗
(I) If, in the course of any inve stigation in to, or p roceed in g s
The Director of Public Prosecutions may require the Commissioner of Taxes, by notice, to provide information or documents about a suspected person for certain Part III investigations or proceedings.
35. (I) If, in the course of any inve stigation in to, or p roceed in g s rel ating to, an offence unde r P art III , t he Direc to r of Public P rosec utions as rea sonable grounds to belie ve that it would assist or expedite suc h m vestigation or p roceedin g s, the Direc tor of Public P rosec utions may, by notice, req uire the Commissioner to furnish all in formation in the Commissioner of Taxe s, posse ssion re latin g to the affairs of any suspec ted pe rson and to p roduce or furni sh any document or a ce rtified true copy of any doc umen t re latin g to suc h suspec ted pe rson, whic h is in the posse ssion or under the control of the Com missioner . Power of Director of Public Prosecutions to obtain infonnation ( 2) In this sec tion " Commissione r of Taxe s " me ans the Commissione r re sponsible for d irec t taxe s unde r the Customs and Excise Ac t. Cap.322 • 160 No.16 of 2003) Prohibition of Anti-Personnel Mines Bail where suspect or accused person is about to leave Zambia - 36 Verify source ↗
Bail where suspect or accused person is about to leave Zambia
If a person under pending investigations or proceedings is about to leave Zambia, the Director of Public Prosecutions or an authorised officer may ask a court to require bail, and the court may make whatever order it thinks fit.
36. (! ) If any p erson, against who m investigations o r p roceedings for any o ffence under Part ID are p ending, is prep aring o r abo ut to leave Z ambia, whether temporarily o r p ermanently, the Directo r of Public Prosecutions or any officer autho rised by the Director o f Publi c Prosecutions in that behalf may apply to any court for an order requiring such p erson to furnish bail in any su m, o r, if the p erson has already been admitted to bail, in such greater sum. and on su ch additional conditions, as the case may be, with or without sureties; and in any such app lication the court may make such order as it considers fit. (2) E very order made under this section, whether orig inally or on review, shall be reviewed within thir ty days by the court which made tl,eo rder. (3) Every order made under this sectio n shall be appealable to and may be revised by a higher cou rt. Forfeiture in case of conviction - 37 Verify source ↗
Forfeiture in case ofconviction
After a conviction, the court may forfeit property linked to the offence and order it destroyed or otherwise dealt with.
37. (I ) The co urt by or before which a p erso n is convicted ofan offence under this Act may o rder that anything s�o wn t(l the court' s satisfaction to relate to the offence shall be forfeited and either destroyed o r otherwise dealt° with in such manner as th e co urt may o rder. (2) In p articular, the court may o rder that the thing is to be dealt with as the Director may see fit; and, in such a case, the powers of the Directo r shall incl ude power to direct the destruction of that thing or to secure its disposal in any other way that app ears to th e Director to be app rop riate. (3) Where- ( a) the co ur t propo ses to o rder anything to be forfeited under this section; and (b) a p erson claiming to have an interest in it app lies to be heard by the court; the court shall no t o rder it to be forfeited unless that p erson has been given an opportunity to show cause why the o rder sho uld not be made. Offences by bodies corporate, etc. - 38 Verify source ↗
Offences by bodies corporate, etc
If a body corporate commits an offence under the Act with an officer’s consent, connivance, or neglect, both the company and the officer may be guilty and face penalties.
38. (I ) W her e an offence under this Act is co mmitted by a bo dy corporate and is pro ved to have been co mmitted with th e consent o r connivance of, o r to b e attributable to any neglect on the p ar t of (a) a director, manager, secretary o r o ther similar offi cer o f the body corpo rate; o r (b) any p erson who was p urporting to act in any such cap acit y, that p erson, as well as the bo dy corpo rate; co mmits an offence and shall be liable, upon conviction- , (i) in the case of a dir ecto r, manager, secretary or o ther similar officer, to a fine not exceeding two hundred tho usand p enal ty units o r to imp risonment for a term not exceeding seven years, or to both; o r Prohibition of Anti-Personnel Mines [No. 16 of 2003 161 (ii) in the case of a body corporate, to a fine not exceeding one hundred thousand penalty units. Power of inspection and entry Cap. 88 Right qf search PARTIX ENFORCEMENT PROVISIONS - 39 Verify source ↗
Power of inspection and entry
Authorised officers may enter premises with a warrant for compliance, enforcement, offence detection, or fact-finding support, but private dwellings need extra presence conditions.
39. (1) An officer duly authorised, in writing, by the Director to act under this section may, with a warrant, enter upon any premises for the purposes of- ( a) investigating and enforcing compliance with this Act; (b) carrying out the provisions of this Act; (c) preventing or detecting any offence under this Act; or ( d) assisting or accompanying a member of a fact-finding mission investigating alleged non-compliance with the Convention: Provided that no private dwelling house shall be entered pursuant to this section except in the presence of the occupier or of a person over the apparent age of eighteen years who resides therein as a member ' of the occupier's family, (2) The Minister shall issue to every officer a certificate of appointment identifying the officer by name, indicating the officer's status and authority to conduct inspections and setting out such other information and any conditions attached to the officer's duties or powers (3) In this Part " warrant " has the meaning assigned to it in the Criminal Procedure Code. - 40 Verify source ↗
Right of search
An authorised officer may search, inspect, seize, and secure persons, property, and anti-personnel mines under warrant and with required grounds; seized mines must be receipted and later destroyed if prosecution does not proceed or ends.
40. (1 ) If any officer duly authorised in writing by the Director has reasonable grounds for believing that any person has committed, is committing, or is about to commit, an offence under this Act, the officer may, with a warrant, inspect and search any person or any building, tent or any baggage, wagon, caravan, vehicle, boat.or aircraft in the possession or under the control of that person. (2) If the officer in accordance with subsection (1) finds any anti personnel mine or component part which has been used or is about to be used in contravention of this Act, the officer may seize and detain such mine or component part: Provided that the officer shall adhere to commonly accepted safety standards,and pra!)\ice� relevant to anti-personnel mines. (3) An officer may seize, lock up, seal, mark, fasten or otherwise secure any premises, equipment or goods if the officer has reason to believe that any contravention under this Act has been or is intended to be committed in respect thereof or in connection therewith. • • 162 No. 16 of 2003) Prohibition of Anti-Personnel Mines ( 4) Any officer who seizes or detains any anti-personnel mine or component part under subsection (2) shall give to the person from whom such mine or component part has been seized a receipt in the prescribed form signed by the officer. (5) Inthe event of- (a) the Director being advised in writing by the Director of Public Prosecutions that no prosecution consequent upon any search and seizure made under subsections ( 1) and (2) respectively should be instituted; or (b) any prosecution having been finally concluded; then, in either event, any anti-personnel mine or component part so seized and d,etained under subsection (2) shall be destroyed within such period as the Director may determine from the date ofreceipt by the Director of the advice that no prosecution should be instituted or from the date any prosecution has been finally concluded, as the case may be. - 41 Verify source ↗
Power to arrest
An officer may demand a suspect’s name and address, and may arrest and hold the person without warrant if the person refuses, gives unsatisfactory information, or there is a risk of escape or unreasonable delay, trouble, or expense.
41. (1) When any person is found committing any offence or is reasonably suspected of having committed an offence under this Act, any officer may demand that person's name and address, and if that person refuses to furnish such information, or fails to furnish such information to the satisfaction of the officer, or if the officer has reasonable grounds for believing that unless arrested the person will escape or cause unreasonable amount of delay, trouble or expense in being made answerable to justice, that officer may arrest such person without warrant and keep that person in custody. (2) Subject to subsection (3), any person arrested under subsection (I) shall be taken as soon as practicable before a court, and shall not be detained for longer than is reasonably necessary for the purpose. - 42 Verify source ↗
Obstruction ofofficer
A person commits an offence if they obstruct an officer or knowingly make a false statement to an officer while the officer is exercising duties under this Part.
42. Any person who, obstructs an officer or knowingly makes a false statement to an officer in the exercise of the officer's duties under this Part commits an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a period not exceeding one year, or to both. - 43 Verify source ↗
Imrnunityofofficer
An officer is not liable for damages or other liability for acts or omissions done in good faith while carrying out the officer’s duties and powers under this Act.
43. An officer shall not be held liable for damages or otherwise for any act done or omitted to be done in good faith in the exercise of the duties and powers of the officer under this Act. - 44 Verify source ↗
Prosecution by officer
The Director of Public Prosecutions may appoint an officer to prosecute offences under the Act and may cancel that appointment at any time.
44. (1) The Director of Public Prosecutions may, at the request of the Director, in writing, appoint by name or rank any officer to undertake and prosecute criminal proceedings in respect of any offence alleged to have been committed by any person in contravention of this· Act, and may at any time, without assigning any reason, cancel any such appointment. POwerto arrest Obstruction of officer Immunity of officer Prosecution by officer Prohibition of Anti-Personnel Mines (No. 16 of 2003 163 (2) In undertakingorprosecuting anyproceedings under subsection (I), the officer shall act in accordance with the general or special instructions of the Director of Public Prosecutions, and shail for the purpose of any such prosecution have the powers of a public prosecutcr appointed under any law for the time being in force. - 45 Verify source ↗
Regulations
The Minister may make regulations, after consulting the Committee, for the proper administration of the Act.
45. (1) The Minister may, in consultation with the Committee, by Regulations statutory instrument, make regulations for the proper administration of this Act. (2) Without prejudice to the generality of subsection (!), regulations made under that subsection may provide for- (a) the regulation of the importation, exportation or transfer of anti-personnel mines by inland waters, rail or road; (b) the regulation of the storage and use of anti-personnel mines; or (c) the regulation of the possession of anti-personnel mines. (3) The regulations made under this section may provide in respect of any contravention that the offender commits an offence and is liable, upon conviction, to a fine not exceeding fifty thousand penalty units or to imprisonment for a term not exceeding five years, or to both. . . . / ' ' . ' • ' . ... 1
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Prohibition of Anti-Personnel Mines Act, 2003
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