Zambia Statutory instrument

Zambia legislation

Information and Communication Technologies (Administration of Authority) Regulations, 2022

accounting recordsaccountsallowancesannual auditappointmentsaudit feesboard functionsboard governanceboard meetingsboard membershipcommittee governanceconflict of interestcorporate administrationCompany lawdelegation of functionsdonationsemolumentsfeesfinancial reportingfinancial yeargovernment fundinggovernment reportinggrantsinformation disclosureinvestmentsloansmeeting recordsminutesproceedings immunityquorumrestricted publicationstaff appointmentsstatutory amendmenttenureterms of servicevacancyvoting

Jurisdiction: Zambia
Structure: 18 provisions
Citation: SI 28 of 2022
Dates: Undated source snapshot

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Purpose and legislative effect

“This provision gives the Regulations’ short title: the Information and Communication Technologies (Administration of Authority) Regulations, 2022.”

This provision gives the Regulations’ short title: the Information and Communication Technologies (Administration of Authority) Regulations, 2022. This section amends the Act by revoking the First Schedule and replacing it with the Schedule in the Appendix. This section defines several terms used in this Part, including “associate,” “Emoluments Commission,” “legally disqualified,” “member,” “Member of Parliament,” and “relative.” The Minister appoints the Board Chairperson, ministries and organisations must nominate representatives, members elect the Vice Chairperson, and certain people cannot be appointed as members. The Board must promote effective corporate governance, set the Authority’s policies and strategies, and approve policy documents and the annual budget estimates and financial statements.

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These Regulations may be cited as the Information and

This provision gives the Regulations’ short title: the Information and Communication Technologies (Administration of Authority) Regulations, 2022.

Section 1

Section 3

The Board must promote effective corporate governance, set the Authority’s policies and strategies, and approve policy documents and the annual budget estimates and financial statements.

Section 3

Section 8

The Board may create a committee, appoint its members, delegate Board functions to it, and let the committee set its own procedure subject to the Board’s directions.

Section 8

An action or other proceeding shall not lie or be instituted

No action or other proceeding may be brought against certain Authority personnel for acts or omissions done in good faith while exercising powers or performing functions under the Act.

Section 12

Section 16

The Authority must send the Minister an annual report within 90 days after the financial year ends, with specified audited financial documents and any extra information the Minister requires. The Minister must then table the report in t…

Section 16

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Showing 18 of 18 provisions

Provision 12Offence 3Short titleSubstitution

§ 1These Regulations may be cited as the Information andShort title

This provision gives the Regulations’ short title: the Information and Communication Technologies (Administration of Authority) Regulations, 2022.

1. These Regulations may be cited as the Information and Communication Technologies (Administration of Authority) Regulations, 2022. Title

Section 1Verify source

§ 2The Act is amended by the revocation of the First ScheduleSubstitution

This section amends the Act by revoking the First Schedule and replacing it with the Schedule in the Appendix.

2. The Act is amended by the revocation of the First Schedule and the substitution therefor of the Schedule set out in the Appendix. Revocation and replacement of First Schedule Copies of this Statutory Instrument can be obtained from the Government Printer, P.O. Box 30136, 10101 Lusaka. Price K 16.00 each. 90 Statutory Instruments 4th March, 2022 APPENDIX (Regulation 2) FIRST SCHEDULE (Section 4) ADMINISTRATION OF AUTHORITY PART I THE BOARD OF THE AUTHORITY Interpretation Act No. 3 of 2012 Cap. 1 Act No. 6 of 2019 Cap. 1 Act No. 3 of 2012 Constitution of Board

Section 2Verify source

Part

PART I

§ 1Section 1Provision

This section defines several terms used in this Part, including “associate,” “Emoluments Commission,” “legally disqualified,” “member,” “Member of Parliament,” and “relative.”

1. In this Part, unless the context otherwise requires — “associate” has the meaning assigned to the word in the Anti- Corruption Act, 2012; “Emoluments Commission” means the Emoluments Commission established under the Constitution; “legally disqualified” means the absence of legal capacity as provided in section 4 of the Mental Health Act, 2019; “member” means a member of the Board appointed under paragraph 2; “Member of Parliament” has the meaning assigned to the words in the Constitution; and “relative” has the meaning assigned to the word in the Anti- Corruption Act, 2012;.

Section 1Verify source

§ 2Section 2Offence

The Minister appoints the Board Chairperson, ministries and organisations must nominate representatives, members elect the Vice Chairperson, and certain people cannot be appointed as members.

2. (1) There is constituted a Board of the Authority which consists of the following part-time members appointed by the Minister: (a) a representative of the ministry responsible for— (i) communications technology; (ii) home affairs; (b) a representative of an agency responsible for national security; (c) a representative of the Attorney- General; and (d) five other persons with relevant knowledge and experience in matters relating to this Act. (2) The Minister shall appoint the Chairperson from among the members referred to under subparagraph (1). (3) The members shall elect the Vice Chairperson from among themselves. (4) The ministries and organisations referred to in subparagraph(1) shall nominate their representatives for appointment by the Minister. 4th April, 2022 Statutory Instruments 91 (5) A person shall not be appointed as a member if that person (a) is a Member of Parliament; (b) is an office bearer or employee of a political party; (c) has a direct financial interest in the sector; (d) is a relative or associate of a member referred to in subparagraph (1) (b) and (c); (e) is an undischarged bankrupt; (f)is legally disqualified from performing the functions of a member; or (g) is convicted of an offence under this Act or any other written law and sentenced to a term of imprisonment exceeding six months, without the option of a fine. (1) Subject to the Act, the Board shall perform the functions of the Authority and provide strategic policy direction to the Authority.

Section 2Verify source

§ 3Section 3Provision

The Board must promote effective corporate governance, set the Authority’s policies and strategies, and approve policy documents and the annual budget estimates and financial statements.

3. (2) Despite subparagraph (1), the functions of the Board are to— (a) promote effective corporate governance of the Authority; (b) formulate the policies and strategies of the Authority; (c) approve documents of a policy nature of the Authority; and (d) approve the annual budget estimates and financial statements of the Authority. Functions of Board

Section 3Verify source

§ 4Section 4Provision

The Authority’s seal is kept by the Secretary, its affixing must be authenticated by specified officers, and some contracts or instruments may be executed without the seal by the Director-General or an authorised person.

4. (1) The seal of the Authority shall be a device that may be determined by the Board and shall be kept by the Secretary. Seal of Authority (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice Chairperson and the Secretary or any other person authorised in that behalf by a resolution of the Board. (3) A contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Authority by the Director-General or any other person generally or specifically authorised by the Board in that behalf. (4) A document purporting to be a document under the seal of the Authority or issued on behalf of the Authority shall be received in evidence and shall be deemed to be so executed or issued, without further proof, unless the contrary is proved. 92 Statutory Instruments 4th April, 2022 Director- General, Secretary and other staff

Section 4Verify source

§ 5Section 5Provision

The Board must appoint the Director-General, Secretary, and necessary staff, and it may delegate functions to the Director-General under Board-set conditions.

5. be— (1) The Board shall appoint a Director-General who shall (a) the chief executive officer of the Authority; and (b) responsible for the day-to-day administration of the Authority. (2) The Director-General shall attend meetings of the Board and any committee of the Board and may address those meetings but shall have no vote. (3) The Board may, subject to any conditions imposed and guidelines issued by the Board, delegate any of its functions to the Director-General. (4) The Board shall appoint the Secretary who shall perform corporate secretarial duties for the Board and other functions as the Authority may determine, under the direction of the Board. (5) The Board shall appoint other staff of the Authority that the Board considers necessary for the performance of the functions of the Authority. (6) The Emoluments Commission shall, on the recommendation of the Board, determine the emoluments of the Director General, Secretary and other staff of the Authority. (7) The Board shall determine the terms and conditions of service, other than emoluments of the Director-General, Secretary and other staff of the Authority.

Section 5Verify source

§ 6Section 6Offence

Board members serve for three years, can be reappointed for another three years, and may stay on temporarily after expiry for up to three months until a replacement is appointed.

6. (1) A member 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 a member is appointed, continue to hold office until another member is appointed, but in no case shall the extension of the term exceed three months. (3) The office of a member becomes vacant if that member (a) dies; (b) is adjudged bankrupt under any written law; (c) on the expiry of one month’s notice, resigns, in writing, to the Minister; (d) is absent from three consecutive meetings of the Board, of which the member has had notice, without the prior approval of the Board; (e) ceases to be a representative of the ministry or organisation that nominated the member; Tenure of office and vacancy 4th April, 2022 Statutory Instruments 93 Proceedings Board (f)is legally disqualified from performing the functions of a member; or (h) is convicted of an offence under this Act or any other written law and sentenced to a term of imprisonment exceeding six months without the option of a fine. (4) The Minister shall, where there is a vacancy in the membership of the Board before the expiry of the term of office, appoint another person to replace the member who vacates office but that person shall only hold office for the remainder of the term. (1) Subject to other provisions of this Act, the Board may

Section 6Verify source

§ 7Section 7Provision

The Board must meet at least once every three months, keep minutes, and use quorum and voting rules for meetings.

7. regulate its own procedure. (2) The Board shall meet for the transaction of business at least once in every three months at a place and time that the Board may determine. (3) The Chairperson may call a meeting of the Board on giving notice of not less than seven days or where one-third of the members so request, in writing, except that if the urgency of a particular matter does not permit the giving of notice, a special meeting may be called on giving a shorter notice. (4) Five members shall form a quorum at a meeting of the Board. (5) There shall preside at a meeting of the Board— (a) the Chairperson; (b) in the absence of the Chairperson, the Vice Chairperson; or (c) in the absence of the Chairperson and the Vice- Chairperson, a member that the members present shall elect for the purpose of that meeting. (6) A decision of the Board on a 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. (7) A member under regulation 2 (a), (b) and (c) may, where a member is for any reason unable to attend a meeting of the Board, nominate another person from the same ministry or organisation, in writing, to attend in that member’s stead and that person shall be deemed to be a member for the purpose of that meeting. (8) The Board may invite a person whose presence is in the Board’s opinion desirable to attend and participate in the deliberations of the meeting, but that person shall have no vote. 94 Statutory Instruments 4th April, 2022 (9) The validity of any proceedings, act or decision of the Board shall not be affected by a vacancy in the membership of the Board or by any defect in the appointment of a member or by reason that a person not entitled to do so took part in the proceedings. (10) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of any committee of the Board.

Section 7Verify source

§ 8Section 8Provision

The Board may create a committee, appoint its members, delegate Board functions to it, and let the committee set its own procedure subject to the Board’s directions.

8. (1) The Board may, for the purpose of performing its functions under this Act, constitute a committee and delegate any of the Board’s functions to the committee as the Board considers necessary. (2) The Board may appoint as members of a committee persons who are or are not members, except that at least one member shall be a member of a committee. (3) A member of a committee shall hold office for a term that the Board may determine. (4) Subject to any specific or general direction of the Board, a committee may regulate its own procedure.

Section 8Verify source

§ 9A member of the Board or any committee of the BoardProvision

Board members and committee members are entitled to allowances, and the Emoluments Commission determines the amount on the Minister’s recommendation.

9. A member of the Board or any committee of the Board shall be paid allowances that the Emoluments Commission may, on the recommendation of the Minister, determine.

Section 9Verify source

§ 10Section 10Commencement

A person at a Board or committee meeting must disclose a private interest soon after the meeting starts and must not take part in the discussion or vote on the matter unless the Board or committee allows it.

10. (1) A person who is present at a meeting of the Board or a committee of the Board at which a 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, disclose the interest and shall not, unless the Board or the committee of the Board otherwise directs, take part in a consideration or discussion of, or vote on, a question relating to that matter. (2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which the disclosure is made.

Section 10Verify source

§ 11Section 11Offence

A person must not publish or disclose protected information without written consent from, or on behalf of, the Authority, and must not further share information known to have been disclosed in breach of that rule.

11. (1) A person shall not, without the consent in writing given by, or on behalf of, the Authority, publish or disclose to a person, other than in the course of duties of that person, the contents of a document, communication, or information which relates to, or which has come to that person’s knowledge in the course of that person’s duties under the Act. (2) A person shall not, having information which to that person’s knowledge has been published or disclosed in contravention of subparagraph (1), unlawfully publish or communicate the information to another person. Committees Allowances of members Disclosure of interest Prohibition of publication or disclosure of information to unauthorised person 4th April, 2022 Statutory Instruments 95 (3) A person who contravenes subparagraphs (1) and (2), commits an offence and is liable, on 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 11Verify source

§ 12An action or other proceeding shall not lie or be institutedProvision

No action or other proceeding may be brought against certain Authority personnel for acts or omissions done in good faith while exercising powers or performing functions under the Act.

12. An action or other proceeding shall not lie or be instituted against a member, a member of a committee of the Board and a member of staff of the Authority for, or in respect of, an act or thing done or omitted to be done in good faith in the exercise or performance of a power or function conferred under this Act. Immunity of members PART II FINANCIAL PROVISIONS

Section 12Verify source

Part

PART II

§ 13Section 13Provision

The Authority may accept grants or donations, raise money, and charge fees, and the Board may invest unused funds with the Minister’s approval.

13. (1) The funds of the Authority consist of monies that may (a) be appropriated by Parliament; (b) be paid to the Authority by way of fees, loans, grants or Funds of Authority Act No. 1 of 2018 donations; and (c) vest in or accrue to the Authority. (2) The Authority may — (a) accept moneys by way of grants or donations from any source in Zambia and, subject to the appoval of the Minister, from any source outside Zambia; (b) subject to the Public Finance Management Act, 2018, raise by way of loans or otherwise, moneys that the Authority may require for the performance of the Authority’s functions; or (c) in accordance with the Regulations made under the Act, charge and collect fees for services provided by the Authority. (3) There shall be paid from the funds of the Authority— (a) salaries, allowances, loans, of members of staff of the Authority; (b) reasonable travelling, transport and subsistence allowances for members or members of a committee of the Board when engaged in the business of the Authority at rates that the Emoluments Commission may, on the recommendation of the Minister, determine; and (c) any other expenses incurred by the Authority in the performance of the Authority’s functions under this Act. (4) The Board may, with the approval of the Minister, invest in a manner that the Board considers appropriate funds of the Authority that the Board does not immediately require for the performance of the Board’s functions. 96 Statutory Instruments 4th April, 2022 Financial year

Section 13Verify source

§ 14The financial year of the Authority shall be a period ofProvision

The Authority’s financial year must run for 12 months and end on 31 December each year.

14. The financial year of the Authority shall be a period of twelve months ending on 31st December in each year. Accounts

Section 14Verify source

§ 15Section 15Provision

The Authority must keep proper accounting books and records, have its accounts audited by the Auditor-General or auditors appointed by the Auditor-General, and pay the auditor’s fees.

15. (1) The Authority shall cause to be kept proper books of accounts and other records relating to the Authority’s accounts. Annual report (2) The accounts of the Authority shall be audited by the Auditor-General or by auditors appointed by the Auditor General. (3) The auditor’s fees shall be paid by the Authority.

Section 15Verify source

§ 16Section 16Provision

16. (1) As soon as practicable, but not later than ninety days after the end of the financial year, the Authority shall submit to the Minister a report concerning the Authority’s activities during the financial year. (2) The report referred to under subparagraph (1), shall include information on the financial affairs of the Authority and there shall be appended to the report— (a) an audited balance sheet; (b) an audited statement of financial position; (c) an audited statement of income and expenditure; and (d) other information that the Minister may require. (3) The Minister shall, not later that seven days after the first sitting of the National Assembly next after receipt of the report referred to in subparagraph (1), lay the report before the National Assembly. F. MUTATI, Minister of Technology and Science LUSAKA 28th March, 2022 [MOTS.72/7/14]

Section 16Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Authority Act
Section 13
Authority) Regulations, 2022
Section 1
First Schedule This section amends the Act
Section 2

G–M

1 instrument

Mental Health Act, 2019
Section 1

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