Defence Act

ZambiaAct of Parliament

The Defence Act is an Act of the Parliament of Zambia. It contains 236 sections. Read its sections below, or ask Levy any question about the Defence Act and get an answer grounded in the Act with citations.

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Sections of the Defence Act

S. 1S hort title
S. 2I nterpretati on
S. 3P rovisions as to active service
S. 4M aintenance of Defence Force
S. 5E mployment of Defence Force
S. 6E mployment of Defence Force outside Zambia
S. 7O verse as training
S. 8E stablishment of Defence Council
S. 9O fficers selecti on board
S. 10G rant of commissions
S. 11A ppointment and transfers of officers
S. 12R egulations under th is Part
S. 13R ecruiting officers
S. 14E nlistment
S. 15T erms of enlistment
S. 16M arried allowance.
S. 17P rolongati on of service
S. 18D ischarge
S. 19T ransfer to Reserve Force
S. 20P ostponement of discharge or transfer pending proceedings f or offences, etc.
S. 21D ischarge up on prescribed grounds
S. 22R ight of soldier to purchase discharge
S. 23R estrictions on reducti on in rank of warrant officers and n on-commissioned
S. 24R ight of warrant officer to discharge on reducti on in rank
S. 25P ersons enlisting in Corps of Instructors
S. 26R ules f or reckoning service
S. 27V alidity of attestati on and enlistment
S. 28F alse answers in attestati on papers
S. 29A iding the enemy
S. 30C ommunicati on with the enemy
S. 31C owardly behaviour
S. 32O ffences against morale
S. 33B ecoming prisoner of war through disobedience or wilful neglect and failing to
S. 34O ffences by or in relati on to sentries, etc.
S. 35L ooting
S. 36M utiny
S. 37F ailure to suppress mutiny
S. 38I nsubordinate behaviour
S. 39D isobedience to particular orders
S. 40O bstructi on of provost officers
S. 41D isobedience to standing orders
S. 42D eserti on
S. 43A bsence without leave
S. 44A ssisting and concealing deserti on and absence without leave
S. 45F alsely obtaining or prolonging leave
S. 46F ailure to perform military duties
S. 47M alingering
S. 48D runkenness
S. 49O ffences in relati on to public and service property
S. 50O ffences in relati on to property of members of Force
S. 51M iscellaneous offences relating to property
S. 52B illeting offences
S. 53O ffences in relati on to requisitioning of vehicles
S. 54D angerous flying, etc.
S. 55I naccurate certificati on of aircraft, etc.
S. 56L ow flying
S. 57A nnoyance by flying
S. 58(1) Any pers on subject to military law under th is Act who, when an other pers on Irregular arrest and
S. 59(1) Any pers on subject to military law under th is Act who wilfully allows to Permitting escape,
S. 60(1) Any pers on subject to military law under th is Act who, being concerned in Resistance to arrest
S. 61Any pers on subject to military law under th is Act who escapes from arrest, Escape from
S. 62(1) Any pers on subject to military law under th is Act who- Offences in relati on to
S. 63(1) Any pers on subject to military law under th is Act who, having been lawfully False evidence
S. 64(1) Any pers on subject to military law under th is Act who, without authority, Injurious disclosures
S. 65Any pers on who, when before a recruiting officer f or the purpose of being Making of false
S. 66Any pers on subject to military law under th is Act who- Making of false
S. 67Every officer subject to military law under th is Act who behaves in a Scandalous conduct of
S. 68If- Ill-treatment of officers
S. 69Any pers on subject to military law under th is Act who is guilty of disgraceful Disgraceful conduct
S. 70Any pers on subject to military law under th is Act who- False accusati on, etc.
S. 71Any pers on subject to military law under th is Act who attempts to commit an Attempts to commit
S. 72Any pers on subject to military law under th is Act who is guilty of any act, Conduct to the
S. 73(1) Any pers on subject to military law under th is Act who comm its a civil Civil offences
S. 74(1) The punishments which may be awarded to an officer by sentence of a Punishment of officers
S. 75(1) The punishments which may be awarded to a soldier by a sentence of a Punishment of soldiers
S. 76Field punishment sh all consist of such duties or drills, in additi on to those Field punishment
S. 77(1) Any pers on subject to military law under th is Act found committing an Power to arrest
S. 78(1) The allegations against any pers on subject to military law under th is Act who Provisions f or avoiding
S. 79Before an allegati on against a pers on subject to military law under th is Act Investigati on of
S. 80(1) After investigati on, a charge against an officer below the rank of Charges to be dealt
S. 81(1) The following provisions of th is secti on sh all have effect where the Further proceedings
S. 82(1) After investigating a charge against an officer or warrant officer, the Further proceedings
S. 83(1) Notwithstanding the provisions of sections eighty-one and eighty-two, where Dismissal of charges
S. 84(1) In th is Act- Officers who are to act
S. 85(1) The charges which may be dealt with summarily by a commanding officer, Limitati on of powers of
S. 86Subject to the provisions of th is Act, a court-martial under th is Act sh all have Trial by, and powers
S. 87(1) A court-martial may be convened by an officer not below the rank of colonel Officers having power
S. 88(1) A court-martial sh all consist of the president and not less th an two other Constituti on of
S. 89M arriage.
S. 90(1) Subject to the provisions of th is secti on, a court-martial sh all sit at such Place f or sitting of
S. 91(1) An accused about to be tried by court-martial sh all be entitled to object, on Challenges by
S. 92(1) An oath sh all be administered to every member of a court-martial and to any Administrati on of oaths
S. 93(1) Subject to the provisions of th is secti on, a court-martial sh all sit in open Court-martial to sit in
S. 94Where, whether before or after the commencement of the trial, it appears to Dissoluti on of
S. 95(1) Subject to the provisions of th is secti on, every questi on to be determined on Decisions of
S. 96(1) Without prejudice to the provisions of secti on ninety-three, the finding of a Finding and sentence
S. 97(1) An accused charged before a court-martial with an offence under th is Act Power to convict of an
S. 98(1) Subject to the provisions of th is Act, the rules as to the admissibility of Rules of evidence
S. 99A witness before a court-martial or any other pers on whose duty it is to attend Privilege of witnesses
S. 100Where in Zambia any pers on not subject to military law under th is Act- Offences by civilians in
S. 101(1) If- Affirmations
S. 102(1) Where a court-martial finds the accused guilty on any charge, the record of Confirmati on of
S. 103At any time after a court-martial h as sentenced the accused, but not later th an Petitions against
S. 104(1) A confirming officer may direct th at a court-martial sh all revise any finding Revisi on of findings of
S. 105(1) Subject to the provisions of secti on one hundred and four and to the Powers of confirming
S. 106(1) Subject to the provisions of th is secti on, the following sh all have power to Confirming officers
S. 107Subject to the provisions of the proviso to secti on one hundred and forty-five, Approval of death
S. 108(1) A finding or sentence which h as been confirmed may at any time be Review of finding and
S. 109(1) Sentences of imprisonment and detenti on passed by courts-martial may be Reconsiderati on of
S. 110(1) Where a charge h as been dealt with summarily, otherwise th an by the Review of summary
S. 111(1) Where, on the trial of a pers on by court-martial, it appears to the court th at Provisions where
S. 112(1) A military sentence of imprisonment or detenti on or a sentence of field Commencement of
S. 113(1) Where a soldier h as been sentenced to imprisonment or detenti on by a Durati on of sentences
S. 114(1) The following provisions of th is secti on sh all have effect with regard to the Suspensi on of
S. 115A pers on sh all not be required to serve any part of a military sentence of Restricti on on serving
S. 116A pers on sentenced to death or imprisonment and committed or transferred to Special provisions as
S. 117The President may from time to time make arrangements with the authorities Special provisions as
S. 118(1) A pers on who is serving a military sentence of imprisonment or detenti on in Country in which
S. 119(1) It sh all be the duty, in so far as regulations made under th is Part or Duties of officers in
S. 120(1) Subject to the provisions of secti on one hundred and twenty-one, where an Trial and punishment
S. 121(1) No pers on sh all be tried by court-martial f or any offence, other th an one Limitati on of time f or
S. 122Save as provided in secti on one hundred and forty-six, nothing in th is Act Powers of civil court
S. 123(1) Where a pers on subject to military law under th is Act- Persons not to be tried
S. 124(1) Subject to and in accordance with the provisions of rules made under Boards of inquiry
S. 125(1) Where a board of inquiry inquiring in to the absence of an officer or soldier Inquiries in to absence
S. 126(1) The following provisions sh all have effect where a pers on h as been Restituti on or
S. 127The appointment of a judge advocate to act at any court-martial may be made Appointment of judge
S. 128Any finding, sentence, determinati on or other thing required by th is Act to be Promulgati on
S. 129(1) The record of the proceedings of a court-martial sh all be kept in the Custody of
S. 130No acti on sh all lie in respect of anything done by any pers on in pursuance of Indemnity f or pris on
S. 131(1) Subject to the provisions of th is secti on, the President may, by statutory Rules of procedure
S. 132The President may, by statutory instrument, make regulations (in th is Act Imprisonment and
S. 133(1) The President may, by statutory instrument, make rules with respect to the Board of Inquiry Rules
S. 134The President may, by statutory instrument, make regulations with respect to Miscellaneous
S. 135(1) In th is Part- Interpretati on of Part V
S. 136R ight of appeal
S. 137A pplicati on f or leave to appeal
S. 138D eterminati on of appeals in ordinary cases
S. 139P owers of court of appeal in special cases
S. 140C ommencement of sentence
S. 141A ppeals to be final
S. 142P roceedings may be heard in absence of appellants
S. 143D efence of appeals
S. 144R ight of appellant to present h is case in writing
S. 145S uspensi on of death sentence
S. 146P ers on not to be tried aga in where convicti on quashed
S. 147R emoval of prisoners f or purposes of th is Part
S. 148F urnishing, on appeal, of documents relating to trial
S. 149D uties of registrar of court of appeal with respect to appeals, etc.
S. 150S aving of powers of reviewing authorities
S. 151C ompositi on of court of appeal
S. 152E xercise of certa in powers of court of appeal by a Judge
S. 153G eneral provisions as to procedure
S. 154F orfeitures and deductions; general provisions
S. 155F orfeiture of pay f or absence from duty
S. 156D eductions f or payment of civil penalties
S. 157C ompensati on f or loss occasioned by wrongful act or negligence
S. 158D eductions f or barrack damage
S. 159R emissi on of forfeitures and deductions
S. 160E nforcement of maintenance and affiliati on orders by deducti on from pay
S. 161D eductions from pay f or maintenance of wife or child
S. 162L imit of deductions under sections 160 and 161 and effect on forfeiture
S. 163S ervice of process in maintenance proceedings
S. 164C omm and and precedence
S. 165C omm and of Forces
S. 166R egulations as to comm and
S. 167P owers of comm and of members of co-operating forces
S. 168C omplaints by officers
S. 169C omplaints by soldiers
S. 170E xempti on from service as assess or
S. 171E xempti on from tolls, etc.
S. 172E xempti on from taking in executi on of property used f or military purposes
S. 173A rrest of deserters and absentees without leave
S. 174P roceedings before a civil court where persons suspected of illegal absence
S. 175D eserters and absentees without leave surrendering to police
S. 176C ertificates of arrest or surrender of deserters and absentees
S. 177D uties of superintendents of prisons and others to receive deserters and
S. 178P unishment f or pretending to be a deserter and f or procuring and assisting
S. 179P unishment f or obstructing officers or soldiers in executi on of duty
S. 180P unishment f or aiding malingering
S. 181U nlawful purchase, etc., of military stores
S. 182I llegal dealings in documents relating to pay, pensions, mobilisati on, etc.
S. 183U nauthorised use of and dealing in decorations, etc.
S. 184G eneral provisions as to evidence
S. 185P ro of of outcome of civil trial
S. 186E vidence of proceedings of court-martial
S. 187T emporary recepti on in civil custody of persons under escort
S. 188A voidance of assignment of, or charge on, military pay, pensions, etc.
S. 189P ower of certa in officers to take statutory declarations
S. 199C ompositi on
S. 200D ischarge from Reserve
S. 201R eporting of Reserve
S. 202E mbodiment
S. 203P ostponement of discharge
S. 204F ailure to attend on embodiment
S. 205R egulations under th is Part
S. 206P ersons subject to military law
S. 207A pplicati on of Act to civilians
S. 208A pplicati on of Act to persons subject to the Acts
S. 209A pplicati on of Act to Home Guard and Reserve Force
S. 210R egulations
S. 211P owers exercisable in subsidiary legislati on
S. 212E xecuti on of orders, instruments, etc.
S. 213T ransitional provisions
S. 214E xempti on from Trades Licensing Act and Clubs' Registrati on Act
S. 215R epeal of Defence Act, 1955
S. in a mutiny whether actual or intended, sh all, on convicti on by court-martial, be liable
S. ISection I
S. IISection II
S. IIISection III
S. IVSection IV
S. IXSection IX
S. VSection V
S. VISection VI
S. VIISection VII
S. VIIISection VIII
S. XSection X
S. XISection XI
S. XIISection XII
S. XIIISection XIII
S. XIVSection XIV
S. XIXSection XIX
S. XVSection XV
S. XVISection XVI
S. XVIISection XVII
S. XVIIISection XVIII
S. XXSection XX
S. XXISection XXI
S. XXIISection XXII
S. XXIIISection XXIII
S. XXIVSection XXIV
S. XXIXSection XXIX
S. XXVSection XXV
S. XXVISection XXVI
S. XXVIISection XXVII
S. XXVIIISection XXVIII

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