Act No.18 of 1996>>

GOVERNMENT OF ZAMBIA
ACTNo.17 of 1996

II. (1) Subject to this Act and the Constitution as amended, all property of every nature and king whatsoever and all assets that immediately before the commencement of this Act were vested in, and assets or held in trust for, the President or in any other person in right of or for the purposes of the Government of Zambia shall after the commencement of this Act continue to be so vested or held in trust, as the case may be.
(2) Any property which, immediately before the commencement of this Act, was liable to escheat or to be forfeited to the President for the purposes of the Government of Zambia, after the commencement of this Act, be liable to escheat or to be forfeited to the President on behalf of the Government of Zambia.

12. All rights, liabilities and obligations of the President or any 
public officer on behalf of the Government of Zambia before the commencement of this Act shall, on and after the commencement of this Act, be rights, liabilities and obligations of the President or
such public officer, as the case may be, on behalf of the Government of Zambia.

13. (1) All proceedings that, immediately before the commencement of this Act, are pending before any court established by or under the law amended by section three may be continued and concluded before those courts established by or under the Constitution.
(2) Any proceedings that immediately before the commencement of this Act are pending before any Commissioner of the High Court appointed by or under the law amended by section three shall be continued and concluded before such Commissioner, not with standing the abolition of the office of Commissioner of the High Court.

14. (1) All rights and obligations under conventions, treaties or agreements which were exercisable by or binding upon the Government of Zambia immediately before the commencement of this Act shall continue to be so exercisable and binding.
(2) All functions which immediately before the commencement
of this Act were vested in the President or in any other authority
shall, as far as the same continue in existence and are capable of
being exercised after the commencement of this Act, be vested in
the President or the authority exercising similar functions under the Constitution as amended, as the case may be, except such functions as are by this Act or any other law vested in some other authority.

15. (1) The following provisions of this section shall have  effect for the purpose of enabling any officer to whom this section  applies or his personal representatives to appeal against a decision to which this section applies, that is to say a decision within the  following clauses: 
(a) a decision of the Service Commission to give such concurrence as is required by Article 124 of the Constitution as amended in relation to the refusal, withholding, reduction in amount or suspension of any benefits in respect of such an officer's service as a public officer;
(b) a decision by any authority to remove such an officer from office if the consequence of the removal is that benefits cannot be granted in respect of the officer's service as a
(c) a decision by any authority to take some other disciplinary Action in relation to such an officer if the consequence of the Action is to reduce the amount of any benefits that may be granted in respect of the officer's service as a public officer.

(2) Where any decision such as is referred to in subsection (I) is taken by any authority, the authority shall cause to be delivered to the officer concerned, or his personal representatives, a written notice of that decision stating the time, not being less than twenty- eight days from the date on which the notice is delivered, within which he, or his personal representatives, may apply to the authority for the case to be referred to an Appeals Board.
(3) If application is duly made to an authority within the time
stated in such a notice as is mentioned in subsection (2) for a case to be referred to an Appeals Board, the authority shall notify the President in writing of that application and the President shall
appoint an Appeals Board for that purpose consisting of-
(a) one member selected by the President;
(b) one member selected by the association representative of
public officers or a professional body, nominated in
either case by the applicant; and
(c) one member selected by the two other members jointly (or, in default of agreement between those members, by the Chief Justice) who shall be the Chairman of the Board.
(4) Such an Appeals Board shall inquire into the facts of the case
that is referred to it, and for that purpose the Board-

(a) shall, if the applicant so requests in writing, hear the applicant either in person or by legal representative of
his choice, according to the terms of the request;
(b) may hear any other person who, in the opinion of the
Board, is able to give the Board information on the case; and 
(c) shall have access to, and shall consider, all documents that were available to the authority concerned and shall also consider any further document relating to the case that may be produced by or on behalf of the applicant or the authority.

(5) When such an appeals board has completed its consideration
of the case, then-
(a) if the decision that is the subject of the reference to the board is a decision such as is mentioned in paragraph (a) of subsection (1), the board shall advise the appropriate Commission whether the decision should be affirmed, reversed or modified and the Commission shall Act in accordance with that advice;

(b) if the decision that is the subject of the reference to the board is a decision such as is mentioned in paragraph (b) or (c) of subsection (1), the board shall not have power to advise the authority responsible for making the decision to affirm, reverse or notify the decision but the board may advise the authority responsible for granting the benefits in question-

(i) where the officer has been removed from office, to grant all or part of the benefits for which the officer concerned would have been eligible under any law if he had retired voluntarily at the date of dismissal; or
(ii) where some other disciplinary Action has been taken in relation to the officer, that on the grant of any benefits under any law in respect of the officer's service such benefits shall be increased in such manner, as the board may specify in order to offset all or any part of the reduction in the mount of such benefits that, in the opinion of the board, would or might otherwise be a consequence of the Action;
and that authority shall Act in accordance with that
advice the provisions of that law shall have effect accordingly,
(6) In this section-
"pension benefits" has the meaning assigned to it in clause (5)
of Article 124 of the Constitution as amended;
"Service Commission " has the meaning assigned to it in Clause (2) of Article 123 of the Constitution as amended.

(7) This section applies to any officer who on the 24th October, 1964, was on pensionable conditions of service and-
(a) was designated under the Overseas Service Aid Scheme;
or
(b) was immediately before the 24th October, 1964, :a member
, of Her Majesty's Overseas Civil Service or Her Majesty's Overseas Judiciary; or
(c) whose conditions of service included an entitlement to free overseas passages from Zambia for the purposes of leave of absence upon the completion of a tour of duty; or
(d) was not a citizen of Zambia.

16. Not withstanding anything to the contrary contained in this Act or the Constitution the President may. With a view to securing the appointment of citizens of am la to public offices direct retirement from public office of any person who is not a citizen of Zambia:
Provided that no person shall be retired under the provisions of this section unless notice in writing is given to him specifying the date of retirement which shall not be earlier than six months from the date on which such notice is received by him.

Act No.18 of 1996>>