Anti-Human Trafficking Act, 2008

1. members: (1) The Committee shall consist of the following (a) one representative each from the Ministries responsible for— (i) social welfare; (ii) gender; (iii) children; (iv) local government; (v) health; (vi) home affairs; (vii) labour; and (viii) information (b) one representative each from— (i) the Department of Immigration; and (ii) the Zambia Police Force; (c) a representative of the Attorney-General; and (d) a representative of a non-governmental organisation dealing with matters concerning children. (2) The members shall be nominated by their institutions and appointed by the Minister.

2. (1) Subject to the other provisions of this Act, a member shall hold office for a period of three years from the date of appointment and may be re appointed for a further like period. Tenure of office and vacancies (2 ) The members shall elect a chairperson from amongst themselves. (3 ) The office of a member shall become vacant if— (a) the member has been absent without reasonable excuse from three consecutive meetings of the Committee of which the member has had notice; (b) the member dies; (c) the member is adjudged bankrupt; (d) the member becomes mentally or physically incapable of performing the duties of a member of the Committee; or (e) the member is convicted of an offence under any other written law and sentenced therefor to imprisonment for a term exceeding six months.

3. (1) Subject to the other provisions of this Act, the Committee may regulate its own procedure. (2) The Committee shall meet for the transaction of business at least once in every three months at such places and at such times as the Chairperson may determine. (3) Upon giving notice of not less than fourteen days, a meeting of the Committee may be called by the Chairperson and shall be called if not less than one third of the members so request in writing: Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice. (4) The quorum at any meeting of the Committee shall be two- thirds of the members. (5) There shall preside at any meeting of the Committee— (a) the Chairperson; (b) in the absence of the Chairperson, the Vice Chairperson; or Proceedings of Committee (c) in the absence of the Chairperson and the Vice Chairperson, such member as the members present may elect from amongst themselves for the purpose of that meeting. (6) A decision of the Committee on any question shall be by a majority of the members present and voting at the meeting and, in the event of an inequality of votes, the person presiding at the meeting shall have a casting vote in addition to the deliberative vote. (7) Where a member is for any reason unable to attend any meeting of the Committee, the member may, in writing, nominate another person from the same organisation to attend such meeting in that member’s stead and such person shall be considered to be a member for the purpose of such meeting. (8) The Committee may invite any person whose presence is in its opinion desirable to attend and to participate in the deliberations of a meeting of the Committee but such person shall have no vote. (9) The validity of any proceedings, act or decision of the Committee shall not be affected by any vacancy in the membership of the Committee or by any defect in the appointment of any member or by reason that any person not entitled so to do, took part in the proceedings. (10) The Committee shall cause minutes to be kept of the proceedings of every meeting of the Committee and of any committee established by the Committee.

4. (1) The Committee may, for the purpose of performing its functions under this Act, constitute any subcommittee and may delegate to any such committee such of its functions as it thinks fit. (2) The Committee may appoint as members of the subcommittees constituted under subparagraph (I), persons who are or are not members of the Committee and such persons shall hold office for such period as the Committee may determine.

5. There shall be paid to the members of the Committee or any subcommittee of the Committee such allowances as the Committee may, with the approval of the Minister, determine.

6. (1) If a member is present at a meeting of the Committee or any subcommittee of the Committee at which any matter in which the member or member’s spouse/is directly or indirectly interested in a private capacity, is the subject of consideration, the member shall, as soon as is practicable after the commencement of the meeting, disclose such interest, and shall not, unless the Committee or the subcommittee otherwise directs, take part in any consideration or discussion of or vote on any question relating to that matter. Subcommittees of Committee Allowances of members Disclosure of interest (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. 7. No action or other proceedings shall lie or be instituted against any member or any member of a subcommittee for, or in respect of, any act or thing done or omitted to be done in good faith in the exercise or purported exercise of the member’s functions under this Act.

8. (1) A person shall not, without the consent in writing given by or on behalf of the Committee, publish or disclose to any other person, otherwise than in the course of the person’s duties the contents of any document, communication or information whatsoever, which relates to, and which has come to the person’s knowledge in the course of, that person’s duties under this Act. (2) Any person who knowingly contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both. (3) Any person who, having information which to that person’s knowledge has been published or disclosed in contravention of subsection (1), unlawfully publishes or communicates any such information to any other person, commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

9. (1) The Committee shall appoint a Secretariat comprising such staff as the Committee may, with the approval of the Minister, determine. (2) The Secretariat of the Committee shall be at the Ministry. Immunity of members Prohibition of publication or disclosure of information to unauthorised persons Secretariat of Committee 308