ZNTB - Statutory Instruments

14. (1) The President shall appoint, on such terms and conditions as he thinks fit, a Director who shall be the chief executive officer of the Board.

(2) The office of Director shall be an office in the public service.

(3) The Director shall attend all meetings of the Board, and shall be entitled to address such meetings, but shall not vote on any matter under discussion:

Provided that the Board may, for good cause, request the Director to withdraw from any meeting of the Board.

15. (1) There shall be a Secretary to the Board who shall be appointed by the Board on such terms and conditions as the Board may determine.

(2) The Secretary shall be responsible for the administration of the day-to-day affairs of the Board under the general supervision of the Director.

(3) The Board may appoint, on such terms and conditions as it may determine, such other staff as it may consider necessary for the performance of its functions under this Act.

16. (1) In order to ensure due compliance with the provisions of this Act, the Board shall establish under the general supervision of the Director an inspectorate unit which shall monitor, in accordance with the rules or regulations made under this Act, all contracts placed by the Board, any committee established by the Board, any Government Department or any parastatal body.

(2) The Board may appoint such inspectors and other staff to the inspectorate unit as may be necessary for the performance of its functions under this Act.

17. In the performance of his duties under this Act, any inspector or member of staff of the inspectorate unit shall have-
(a) access to all books, records, returns, reports and other documents relating to the work of any Government Department or parastatal body which is under inspection;
(b) access at all reasonable times to the premises of any Government Department or parastatal body which is under inspection;
(c) power to call for any relevant information from persons responsible for the financial administration of any Government Department or parastatal body which is under inspection:

Provided that no inspector or member of staff of the inspectorate unit shall have access to any books, records, returns, reports or other documents, or to any premises if-
(a) such books, records, returns, reports, other documents or premises belong to any component of the Defence Force or the Zambia Security Intelligence Service; or
(b) such access is likely to-

(i) prejudice the security, defence or international relations of the Republic or the investigation or detection of offences; or

(ii) involve the disclosure of any matters or deliberations of a secret or confidential nature of the Cabinet or of any sub-committee of the Cabinet.

18. (1) Notwithstanding anything to the contrary contained in any written law, where any expenditure is to be incurred on any procurement of goods or services, it shall be the duty-

(a) in respect of a head of expenditure, of the controlling officer designated as such for that head of expenditure under section four of the Finance (Control and Management) Act; or Cap. 347

(b) in respect of a parastatal body, of the chief executive officer of that parastatal body;
to ensure that such procurement of goods or services is in accordance with the procedures prescribed by or under this Act.

(2) Subject to the provisions of subsection (3), every controlling officer and chief executive officer shall be accountable for failing to comply with the provisions of subsection (1).

(3) Where a controlling officer or chief executive officer satisfies the Board that he had, in accordance with the provisions of any rules or regulations made under this Act, delegated his functions under subsection (1) to any other person or committee, then such other person or every member of such committee shall also be accountable for any failure to comply with the provisions of subsection (1).

(4) Where a controlling officer or chief executive officer satisfies the Board that he is, under the provisions of any written law, subject to the control or direction of any other person, board, committee or other body, and that it was such control or direction of such other person, board, committee or other body which caused the failure to comply with the provisions of subsection (1), then such other person or every member of such board, committee or other body shall also be accountable for such failure to comply with the provisions of subsection (1).

(5) In respect of any failure to comply with the provisions of subsection (1), the Board may take such appropriate corrective or punitive measures as it may consider necessary.

19. (1) Where the Board is satisfied that an employee of the Government or parastatal body has caused financial loss by his recklessness, misconduct or wilful default to follow procedures laid down in this Act or in any regulations made thereunder, the Board shall afford such person a reasonable opportunity to furnish a written explanation as to why he should not be surcharged with the amount of such loss.

(2) After considering any explanation furnished under subsection (1), the Board may surcharge such person with the amount of such loss or any part thereof, and certify in writing to that effect.

(3) Any person aggrieved by a decision of the Board made under subsection (2) may, where the amount of surcharge is in excess of K1,000, appeal against such decision to the High Court or to a subordinate court of competent jurisdiction.

(4) The High Court or subordinate court, as the case may be, may, upon determining any appeal lodged under subsection (3)-

(a) confirm, vary or quash the decision of the Board;

(b) remit the case to the Board with such directions as it thinks fit for giving effect to the decision on appeal;

(c) make such other order as to costs or otherwise as may seem just.

(5) The Chief Justice may, by statutory instrument, make rules providing for the period within which appeals under this section may be brought and otherwise regulating such appeals.

20. (1) The amount of every surcharge certified in accordance with subsection (4) shall become due and recoverable from the emoluments or other financial benefits of such employee within thirty days after a copy of the certificate has been furnished to him or, if an appeal with respect to the surcharge has been lodged, within thirty days after the appeal is finally disposed of or abandoned or fails by non-prosecution thereof, as the case may be.

(2) The Board may authorise the payment of a surcharge in instalments:

Provided that if default is made in the payment of any instalment, the balance of the surcharge outstanding shall thereupon become payable in full.

(3) The amount of any surcharge which is not paid shall be recoverable by the Board as a civil debt.

(4) Unless the contrary is proved, in any proceedings for the recovery of the amount of a surcharge, a certificate issued by the Board shall be conclusive evidence of the facts certified therein, and a certificate signed by the Secretary that the sum certified to be due has not been paid to him shall be conclusive evidence of non-payment.

21. Any person who assaults, resists or obstructs any inspector or member of staff of the inspectorate unit in the exercise of his powers of access or power to call for relevant information under this Act shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding five thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
(As amended by Act No. 13 of 1994)

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