ZNTB - Statutory Instruments

3. There is hereby established the Zambia National Tender Board which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may do by law.

4. (1) The Board shall consist of a Chairman and twelve other members of whom the following shall be ex-officio members-

(a) the Secretary to the Cabinet;

(b) the Director-General of the Zambia Industrial and Mining Corporation Limited;

(c) the Chairman of the Zambia Consolidated Copper Mines Limited;

(d) the Governor of the Bank of Zambia;

(e) the Permanent Secretary in the Ministry responsible for finance;

(f) the Permanent Secretary in the Ministry responsible for development planning; and

(g) the Permanent Secretary in the Ministry responsible for works and supply.

(2) The Chairman and the other members, other than the ex-officio members, shall be appointed by the President.

(3) Where an ex-officio member is for any reasonable cause unable to attend any meeting of the Board, he may, in writing, nominate another senior official from his organisation to attend such meeting in his stead and the person so nominated shall be deemed to be a member for the purpose of such meeting.

5. (1) The provisions of this section shall apply to members other than the ex-officio members.

(2) Subject to the provisions of this section, a member shall hold office for a period of two years:

Provided that a retiring member may be reappointed.

(3) Upon the expiry of the period for which a member is appointed, he shall continue to hold office until his successor has been appointed, but in no case shall such further period exceed three months.

(4) A member shall cease to hold office-

(a) subject to subsection (3), upon the expiry of the period for which he is appointed or reappointed;

(b) if he is adjudged or otherwise declared to be of unsound mind;

(c) if he is adjudged or otherwise declared to be bankrupt;

(d) if he is lawfully detained or his freedom of movement is restricted under any law in force in Zambia;

(e) if he is sentenced to a term of imprisonment exceeding six months;

(f) if he is absent from three consecutive meetings of the Board without reasonable cause;

(g) upon the expiry of not less than one month's notice in writing of his intention to resign given by him to the Chairman;

(h) if he is removed by the President.

6. A member other than a public officer or an employee of a parastatal body shall be paid such remuneration or allowance as the Minister may from time to time determine.

7. (1) The functions of the Board shall be to regulate and control the procurement of goods and services for the Government and parastatal bodies.

(2) Without prejudice to the generality of subsection (1), the Board may-

(a) formulate rules and regulations governing the procurement of goods and services for the Government and parastatal bodies;

(b) advertise locally and abroad tenders for the procurement of goods and services for the Government and parastatal bodies;

(c) regulate the procedures relating to the award of contracts on behalf of the Government and parastatal bodies;

(d) formulate the conditions under which any rules and regulations governing the procurement of goods and services for the Government and parastatal bodies may be varied or waived.

8. (1) The Board may, for the purpose of carrying out its functions under this Act, establish committees and delegate to any such committee such of its functions as it may think fit.

(2) The Board may appoint as members of a committee established under subsection (1), persons who are or are not members of the Board and such persons shall hold office for such period as the Board may determine.

(3) Subject to any specific or general direction of the Board, any committee established under subsection (1) may regulate its own procedure.

9. (1) If a person is present at a meeting of the Board or any committee of the Board at which any matter is the subject of consideration and in which matter such person or his spouse is directly or indirectly interested in a private capacity, he shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Board otherwise directs, take part in any consideration or discussion of, or vote on any question touching upon, such matter.
(2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made.

10. No action or other proceedings shall lie or be instituted against any person 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 his functions under this Act.

11. (1) The Board shall regulate its own procedure and the validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board 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.

(2) For the transaction of its business, the Board shall meet at such places and at such times, being not less than once every three months, as the Chairman may determine.

(3) At any meeting of the Board, one-half of the members holding office at that time shall form a quorum.

(4) There shall preside at every meeting of the Board the Chairman or in the absence of the Chairman such member as the members present may elect for the purpose of that meeting.

(5) A decision of the Board on any question shall be by a majority of the members present and voting at a meeting of the Board and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote.

(6) Notwithstanding the provisions of subsection (5), a decision may be made by the Board on any urgent matter by the circulation of the relevant papers among the members, and by the expression in writing of the views of the majority thereof:

Provided that any member shall be entitled to require that any decision shall be deferred until the matter is considered at a meeting of the Board.

(7) The Board may invite any person, whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Board but such person shall have no vote.

(8) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of every meeting of any committee established by the Board.

12. (1) The seal of the Board shall be such device as may be determined by the Board and shall be kept by the Secretary.

(2) The Board may use a wafer or rubber stamp in lieu of the seal.

(3) The affixing of the seal of the Board shall be authenticated by the Chairman and the Secretary, or by the Chairman and one other person authorised in that behalf by a resolution of the Board.

(4) Any 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 Board by the Secretary or any other person authorised in that behalf by a resolution of the Board.

(5) Any document purporting to be a document under the seal of the Board or issued on behalf of the Board shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.

13. (1) No person shall, without the consent in writing given by or on behalf of the Board, publish or disclose to any person, otherwise than in the course of his duties, the contents of any document, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of, his duties under this Act.

(2) Any person who knowingly contravenes the provisions of subsection (1) shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding twelve thousand five hundred penalty units or to imprisonment for a term not exceeding three years, or to both.

(3) If any person having information which to his knowledge has been published or disclosed in contravention of the provisions of subsection (1) unlawfully publishes or communicates any such information to any other person, he shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding twelve thousand five hundred penalty units or to imprisonment for a term not exceeding three years, or to both.

(As amended by Act No. 13 of 1994)

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