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Compensation Fund Act, 2016

This section says the Act may be cited as the Compensation Fund Act, 2016. This section defines key terms used in the Act, including associate, claimant, Committee, Fund, and several office-holders.…

accountingannual reportingappointmentsauditingBanking and financeclaimsclaims administrationclaims and paymentsclaims determinationclaims handlingclaims processingclaims verificationcommittee governancecommittee membershipcommittee procedurecompensation paymentcompliancedefinitionsdelegationdisclosureexpensesfinancial disclosuresfund administrationfund distributionfund governancefund managementfund principlesfundinggovernancegrantsimmunity from legal proceedingsinformation handlingleviesmeeting proceduremeetingsminutespaymentpayment administrationpaymentspublic financequorumregulatory compliancereportingvoting
Jurisdiction
Zambia
Structure
23 provisions
Citation
Act 43 of 2016
Dates
As at 27 Dec 2016
More statute details
Dates
As at 27 Dec 2016

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01

Purpose and legislative effect

“This section says the Act may be cited as the Compensation Fund Act, 2016.”

This section says the Act may be cited as the Compensation Fund Act, 2016. This section defines key terms used in the Act, including associate, claimant, Committee, Fund, and several office-holders. Compensation must be paid according to the principles of transparency, accountability, and equity. This section establishes the Compensation Fund Committee, requires it to administer and manage the Fund, and says the Principal State Advocate is the Committee’s Secretary. Committee members generally serve for three years, may be re-appointed for another three years, and can stay on for up to three months after expiry until a replacement is appointed. The office becomes vacant in the listed circumstances.

02

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Short title

This section says the Act may be cited as the Compensation Fund Act, 2016.

Section 1

8

The Committee can set its own procedure, but meetings are controlled by the Chairperson’s timing/place decisions and must follow quorum, voting, presiding, and minute-keeping rules.

Section 7

Determination of applications

The Committee must verify a claim within 30 days of a request from the Attorney-General, consider specified matters when verifying an application, and the Permanent Secretary must send a report of the Committee’s proceedings to the Attorney-General within 14…

Section 18

Regulations

The Minister may make regulations by statutory instrument to help carry out this Act.

Section 23

04

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Source record from zambialii.org · As at 27 Dec 2016

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Showing 23 of 23 provisions

Provision 18Offence 2Short titleInterpretation

Part

PART I

§ 1Short titleShort title

This section says the Act may be cited as the Compensation Fund Act, 2016.

1. This Act may be cited as the Compensation Fund Act, Short title 2016.
Section 1Verify source
§ 23. Principles for payment of compensationInterpretation

This section defines key terms used in the Act, including associate, claimant, Committee, Fund, and several office-holders.

2. In this Act, unless the context otherwise requires— Interpretation “associate” means— (a) a person who is a nominee or an employee of a member; (b) a conjugal partner or former spouse of a member; (c) a firm of which a member, or the member’s nominee, is a partner or a person in charge or in control of its business or affairs; (d) a company in which a member or the member’s nominee, is a director or is in charge or in control of its business or affairs, or in which a member, 1016 No. 43 of 2016] Compensation Fund alone or together with the member’s nominee, holds a controlling interest or shares amounting to more than thirty percent of the total share capital; or (e) the trustee of a trust, where— (i) the trust has been created by a member; or (ii) the total value of the assets contributed by a member before or after the creation of the trust, amounts at any time, to not less than twenty percent of the total value of the assets of the trust; “claimant” means a person legally entitled to make a claim in respect of the Fund; “Committee” means the Compensation Fund Committee established under section 5; “Chief State Advocate”means the person in charge of civil litigation in the Ministry responsible for justice; “compensation” means the damages or award by a court or other competent body legally authorised to award compensation to a person as a result of a default of the State; “Controlling officer”has the meaning assigned to it in the Public Finance Act, 2004; “Emoluments Commission” means the Emoluments Commission established under the Constitution; “Fund” means the Compensation Fund established under Article 209 of the Constitution; “legal obligation” includes an obligation arising under a contract, quasi contract or under a trust, including a constructive trust; “member” means a member of the Committee; “Permanent Secretary” means the Permanent Secretary in charge of legal matters in the Ministry responsible for justice; “Principal State Advocate” means the person appointed as such for the Department in charge of civil litigation in the Ministry responsible for justice; “relative” means— Act No. 15 of 2004 Cap. 1 Cap. 1 Compensation Fund [No. 43 of 2016 1017 (a) a member’s son, daughter, brother, sister, nephew, niece, parent, uncle, aunt, grandparent or cousin; and (b) a member’s spouse or the spouse of any of the persons mentioned in paragraph (a); and “representative” means a legal representative of a claimant or a person lawfully responsible for making a claim against the Fund or on behalf of a claimant.
Section 2Verify source
§ 3Principles for payment of compensationProvision

Compensation must be paid according to the principles of transparency, accountability, and equity.

3. The payment of compensation shall be made in accordance with the following guiding principles: Principles for payment of compensation (a) transparency; (b) accountability; and (c) equity. PART II THE COMPENSATION FUND COMMITTEE
Section 3Verify source

Part

PART II

§ 4Tenure of office and vacancyProvision

This section establishes the Compensation Fund Committee, requires it to administer and manage the Fund, and says the Principal State Advocate is the Committee’s Secretary.

4. (1) There is established the Compensation Fund Committee that shall administer and manage the Fund. Compensation Fund Committee (2) The Committee consists of the following part-time members appointed by the Minister: (a) the Permanent Secretary, as Chairperson; (b) the Chief State Advocate, as Vice-Chairperson; (c) the Head of Accounting in the Ministry responsible for justice; (d) a representative of the Accountant-General; (e) a representative of the Ministry responsible for finance; (f) a representative of the Human Rights Commission; (g) a representative of the Zambia Institute of Internal Auditors; and (h) a representative of the Law Association of Zambia. (3) The Principal State Advocate shall be the Secretary to the Committee.
Section 4Verify source
§ 5Filling of casual vacancyOffence

Committee members generally serve for three years, may be re-appointed for another three years, and can stay on for up to three months after expiry until a replacement is appointed. The office becomes vacant in the listed circumstances.

5. (1) Subject to the other provisions of this Act, a member of the Committee, other than the members referred to in section 4 (2) (a) to (c), shall hold office for a term of three years from the date of appointment and may be re-appointed for a further term of three years. (2) A member shall, on the expiration of the term for which the member is appointed, continue to hold office until another member is appointed, but in no case shall an extension of the period exceed three months. Tenure of office and vacancy 1018 No. 43 of 2016] Compensation Fund (3) The office of a member becomes vacant— (a) on the member’s death; (b) if the member is adjudged bankrupt; (c) if the member is absent, without reasonable excuse, from three consecutive meetings of the Committee of which the member had notice, without the prior approval of the Chairperson; (d) upon the expiry of one month’s notice of the member’s intention to resign, given by the member, in writing, to the Minister; (e) if the member becomes mentally or physically incapable of performing duties as a member; (f) if the member is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a period exceeding six months without the option of a fine; (g) in case of a member referred to in section 4 (2) (g), that member ceases to practice as an auditor on disciplinary grounds confirmed by the Zambia Institute of Internal Auditors; and (h) in case of a member referred to in section 4 (2) (h), that member ceases to practice as a legal practitioner on disciplinary grounds confirmed by the Law Association of Zambia. Filling of casual vacancy Proceedings of Committee
Section 5Verify source
§ 6Proceedings of CommitteeProvision

If a member’s office becomes vacant early, the Minister may appoint a replacement, and the replacement serves only the rest of the term.

6. The Minister may, where the office of a member becomes vacant before the expiry of the term of office, appoint another member in place of a member who vacates office, but that member shall hold office for the unexpired part of the term.
Section 6Verify source
§ 78Provision

The Committee can set its own procedure, but meetings are controlled by the Chairperson’s timing/place decisions and must follow quorum, voting, presiding, and minute-keeping rules.

7. (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 its business at such places and times as the Chairperson may determine. (3) Five members shall form a quorum at a meeting of the Committee. (4) There shall preside at a meeting of the Committee— (a) the Chairperson; and (b) in the absence of the Chairperson, the Vice-Chairperson. Compensation Fund [No. 43 of 2016 1019 (5) 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 equality of votes, the person presiding at the meeting shall have a casting vote in addition to that person’s deliberative vote. (6) The Committee may invite a person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of the meeting of the Committee, but that person shall have no vote. (7) The validity of any proceedings, acts or decisions 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 to do so took part in the proceedings. (8) The Committee shall cause minutes to be kept of the proceedings of its meetings.
Section 7Verify source
§ 8Sub-committeesProvision

The Committee may create sub-committees, delegate functions to them, and control their membership, procedure, office terms, and meeting times. Sub-committees must keep minutes and keep the Committee informed.

8. (1) The Committee may, for the purpose of performing its functions under this Act, establish such sub-committees as it considers necessary and delegate to any of those sub-committees such of its functions as it considers fit. Sub- committees (2) The Committee may appoint as members of a sub-committee persons who are or are not members, except that at least one member shall be a member of a sub-committee. (3) A person serving as a member of a sub-committee shall hold office for such period as the Committee may determine. (4) Subject to any specific or general direction of the Committee, a sub-committee may regulate its own procedure. (5) A sub-committee shall keep minutes of its meetings and shall keep the Committee informed of its activities. (6) Meetings of a sub-committee shall be held at such times as the Committee may determine or as the Committee shall direct.
Section 8Verify source
§ 9Disclosure of interestCommencement

People at Committee or sub-committee meetings must disclose any private interest in a matter under consideration and usually must not join the discussion or vote on it.

9. (1) A person who is present at a meeting of the Committee or any sub-committee at which any matter is the subject of consideration and in which matter that person or that person’s relative or associate is directly or indirectly interested in a private capacity shall, as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Committee or the sub-committee otherwise directs, take part in any consideration or discussion of, or vote on any question relating to that matter. Disclosure of interest 1020 No. 43 of 2016] Compensation Fund (2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made. (3) A person who 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.
Section 9Verify source
§ 10Prohibition of publication or disclosure of information toOffence

A person must not disclose protected information learned through duties under this Act unless written consent is given by or for the Committee, or the disclosure is in the course of that person’s duties.

10. (1) A person shall not, without the consent, in writing, given by or on behalf of the Committee, publish or disclose to an unauthorised person, otherwise than in the course of duties of that person, the contents of a document, communication or information whatsoever, which relates to or which has come to the knowledge of that person in the course of that person’s duties under this Act. (2) A person who 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) A person who, having any information which to the knowledge of that person has been published or disclosed in contravention of subsection (1), unlawfully publishes or communicates the information to another 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.
Section 10Verify source
§ 1112. Prohibition of payment of allowances or expenses fromProvision

Committee and sub-committee members are exempt from legal proceedings for acts or omissions done in good faith while carrying out powers, functions, or duties under the Act.

11. An action or other proceeding shall not lie or be instituted against a member of the Committee or a member of a sub-committee in respect of an act or thing done or omitted to be done in good faith in the exercise or performance, of any of the powers, functions or duties conferred under this Act.
Section 11Verify source
§ 12Prohibition of payment of allowances or expenses fromProvision

The Fund cannot be used to pay debts, allowances, or accrued personal emoluments, except for compensation awards to claimants arising from the State’s default or where this Act authorises it.

12. The Fund shall not be used for debts, allowances, accrued personal emoluments or for any purpose other than to satisfy awards of compensation to claimants arising from the default of the State or as authorised under this Act. PART III THE COMPENSATION FUND Prohibition of publication or disclosure of information to unauthorised person Immunity Prohibition of payment of allowances or expenses from Fund Compensation Fund Cap. 1
Section 12Verify source

Part

PART III

§ 13Compensation FundProvision

The Compensation Fund must be used to compensate people who suffer loss or damage from State default, and its money comes from appropriations, prescribed fees and levies, approved donations and grants, and other monies payable to it.

13. (1) The Compensation Fund shall, in addition to the purpose for which it is established under the Constitution, be held and applied for the purpose of compensating persons who suffer loss or damage from any default committed by the State or by any representative, agent or employee of the State. (2) The Fund shall consist of— (a) such monies as may be appropriated by Parliament for the purposes of the Fund; Compensation Fund [No. 43 of 2016 1021 (b) monies collected from such fees and levies as the Minister responsible for finance may prescribe, in consultation with the Minister; (c) such monies as may be received by the Fund from donations and grants from any source, with the approval of the Minister; (d) such other monies as may vest in or accrue to the Fund; and (e) such other monies as may, by or under any other law, be payable to the Fund.
Section 13Verify source
§ 14Accounts and auditProvision

The Committee must establish prudent controls for the Fund and keep proper accounting records. The Fund must be audited annually by the Auditor-General, and the Ministry responsible for justice must pay the Auditor-General’s fees.

14. (1) The Committee shall ensure that prudent controls are established for the Fund relating to— Accounts and audit (a) fiscal controls and accounting procedures governing the Fund; and (b) reporting procedures for matters relating to the Fund. (2) The Committee shall cause to be kept proper books of account and other records relating to the accounts of the Fund. (3) The Fund shall be audited annually by the Auditor-General. (4) The Auditor-General’s fees shall be paid by the Ministry responsible for justice.
Section 14Verify source
§ 15Fund accountProvision

The Committee must open and run a Fund account at a commercial bank it chooses.

15. The Committee shall open and operate an account for purposes of the Fund at such commercial bank as the Committee may determine, in which the money received for the purposes of the Fund shall be deposited and kept. Fund account
Section 15Verify source
§ 16Disbursement from FundProvision

Money from the Fund must be used to pay allowed claims, related costs, and certain Fund-related expenses.

16. (1) There shall be paid from the Fund— Disbursement from Fund (a) the amount of claims, including costs, allowed by the Committee; and (b) the legal and other expenses incurred in relation to the Fund or in the exercise by the Committee of the rights, powers and authority vested in it under this Act in relation to the Fund. (2) The total amount of compensation payable out of the Fund under this Act to a person who is entitled to compensation shall not exceed an amount lawfully adjudged to be due to the claimant. 1022 No. 43 of 2016] Compensation Fund PART IV PROCESSING AND PAYMENT OF CLAIMS Claims against Fund
Section 16Verify source

Part

PART IV

§ 17Claims against FundProvision

A person awarded compensation by a court, tribunal, or agreement is paid from the Fund if the required documents are submitted to and verified by the Committee; interest may also be paid from the Fund.

17. (1) Subject to the other provisions of this Act, a person who receives an award of compensation by a court, tribunal or under an agreement shall be paid compensation from the Fund subject to— (a) the Attorney-General submitting the necessary documents relating to the award to the Committee; and (b) the verification of the necessary documents by the Committee. (2) In addition to any compensation payable under this Act, interest from the date of judgment or agreement shall be payable out of the Fund on the amount of the compensation, less any amount attributed to costs and disbursements, calculated in accordance with the State Proceedings Act.
Section 17Verify source
§ 18Determination of applicationsProvision

The Committee must verify a claim within 30 days of a request from the Attorney-General, consider specified matters when verifying an application, and the Permanent Secretary must send a report of the Committee’s proceedings to the Attorney-General within 14 days of the meeting.

18. (1) The Committee shall, within thirty days of receipt of a request from the Attorney-General, verify the claim. (2) The Committee shall, when verifying an application take into account— (a) whether the amount claimed is in accordance with the judgment; (b) whether the amount claimed is a subject of an appeal or continuing litigation; (c) the manner in which the amount claimed may be disbursed; and (d) any other matter necessary to give effect to the provisions of this Act. (3) The Permanent Secretary shall submit a report of the proceedings of a meeting of the Committee to the Attorney-General within fourteen days of the meeting.
Section 18Verify source
§ 19Power of Committee in respect of claimsProvision

The Committee must verify compensation claims and, depending on what it finds, either facilitate payment, refuse payment, or send verification documents to the controlling officer.

19. (1) The Committee shall, where it verifies a claim for compensation under this Act, facilitate the payment of the claim. (2) The Committee shall, if — (a) it finds that a claim for compensation based on the judgment or order is not correct or lawful, refuse the payment of the claim; or (b) it verifies part of a claim based on the judgment or order, facilitate the payment of the verified part of the claim. Cap. 71 Determination of applications Power of Committee in respect of claims Compensation Fund [No. 43 of 2016 1023 (3) The Committee shall not facilitate a payment where it finds that the claim or part of the claim does not comply with the terms of the judgment and shall notify the Attorney-General stating the grounds for the finding. (4) The Committee shall, where it verifies a claim based on a judgment or order, transmit a report of its verification and supporting documentation in the prescribed form to the controlling officer for payment.
Section 19Verify source
§ 20Authority to pay claimantProvision

If a claim has been verified, the Controlling officer must pay the claimant the allowed amount in the prescribed manner and form.

20. (1) The verification of a claim by the Committee is sufficient authority to pay the claimant the amount allowed. Authority to pay claimant (2) The Controlling officer shall, where a claim has been verified, effect payment in the prescribed manner and form.
Section 20Verify source
§ 21Apportioning of claims when monies insufficientProvision

If the Fund does not have enough money to pay all allowed claims, the available amount must be shared among claimants in an equitable way decided by the Committee.

21. Where the amount at credit in the Fund is insufficient to pay the whole amount of the claims against it which have been allowed, the amount at credit in the Fund shall be apportioned among the claimants in such manner as the Committee considers equitable, and any claim that is unpaid shall be charged against future receipts of the Fund and paid out of the Fund when monies are available. Apportioning of claims when monies insufficient PART V GENERAL PROVISIONS
Section 21Verify source

Part

PART V

§ 22Annual reportProvision

The Committee must submit an annual report to the Minister within 90 days after the financial year ends, and the Minister must table it in the National Assembly within 7 days after the next sitting following receipt.

22. (1) The Committee shall, but not later than ninety days after the end of the financial year, submit to the Minister a report concerning its activities during the financial year. Annual report (2) The report referred to in subsection (1) shall include information on the financial affairs of the Fund and there shall be appended to the report— (a) an audited statement of financial position; (b) an audited statement of comprehensive income; and (c) such other information as the Minister may require. (3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in subsection (1), lay the report before the National Assembly.
Section 22Verify source
§ 23RegulationsProvision

The Minister may make regulations by statutory instrument to help carry out this Act.

23. The Minister may, by statutory instrument, make regulations Regulations for the better carrying out of the provisions of this Act. 1024
Section 23Verify source

Legislative relationships

2 referenced instruments

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A–F

1 instrument

  • Fund under this Act

    Section 16

N–S

1 instrument

  • State or as authorised under this Act

    Section 12

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  • 27 Dec 2016 · currentEnglish

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