Defence Act
ZambiaAct of Parliament
In force, and amended by 1 amendment Act. Check the amendments before relying on the wording of a section.
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.
Sections of the Defence Act
- S. 1In this Schedule-
- S. 2I nterpretation
- S. 3P rovisions as to active service
- S. 4(1) There shall be maintained in Zambia a Defence Force which shall consist of- Maintenance of
- S. 5Section 5
- S. 6Using violence to a superior officer 6. O ffering violence to a superior
- S. 7The powers conferred by this Act of remitting forfeitures and deductions shall be exercisable in relation to forfeitures
- S. 8Disobeying, in such a manner as to 8. D isobeying a lawful command.
- S. 9Desertion. 9. Absence without leave.
- S. 10G rant of commissions
- S. 11M edical examination or treatment
- S. 12R egulations under this Part
- S. 13Section 13
- S. 14Any offence against section 60 14. T he corresponding offence
- S. 15For the purposes of this Part- Interpretation of Part
- S. 16R e-engagement and continuation in service
- S. 17B enefits for other persons required to retire on grounds of age or length of
- S. 18D ischarge
- S. 19T ransfer to Reserve Force
- S. 20P ostponement of discharge or transfer pending proceedings for offences, etc.
- S. 21D ischarge upon prescribed grounds
- S. 22(1) Subject to the provisions of this section, a soldier of the Regular Force shall Right of soldier to
- S. 23R estrictions on reduction in rank of warrant officers and non-commissioned
- S. 24A warrant officer of the Regular Force who is reduced to the rank of private Right of warrant officer
- S. 25P ersons enlisting in Corps of Instructors
- S. 26B enefits on voluntary retirement
- S. 27V alidity of attestation and enlistment
- S. 28F alse answers in attestation papers
- S. 29I njury benefits
- S. 30D eath benefits
- S. 31C onditions applicable to pensions and allowances payable in terms of
- S. 32R eimbursement of medical and other expenses
- S. 33B ecoming prisoner of war through disobedience or wilful neglect and failing to
- S. 34O ffences by or in relation to sentries, etc.
- S. 35L ooting
- S. 36(1) Any person subject to military law under this Act who- Mutiny
- S. 37F ailure to suppress mutiny
- S. 38I nsubordinate behaviour
- S. 39D isobedience to particular orders
- S. 40O bstruction of provost officers
- S. 41(1) Any person subject to military law under this Act who contravenes or fails to Disobedience to
- S. 42D esertion
- S. 43A bsence without leave
- S. 44A ssisting and concealing desertion and absence without leave
- S. 45F alsely obtaining or prolonging leave
- S. 46Any person subject to military law under this Act who, without reasonable Failure to perform
- S. 47M alingering
- S. 48D runkenness
- S. 49(1) Any person subject to military law under this Act who- Offences in relation to
- S. 50O ffences in relation to property of members of Force
- S. 51Any person subject to military law under this Act who- Miscellaneous
- S. 52B illeting offences
- S. 53O ffences in relation to requisitioning of vehicles
- S. 54D angerous flying, etc.
- S. 55I naccurate certification of aircraft, etc.
- S. 56L ow flying
- S. 57Any person subject to military law under this Act who, being the pilot of an Annoyance by flying
- S. 58(1) Any person subject to military law under this Act who, when another person Irregular arrest and
- S. 59(1) Any person subject to military law under this Act who wilfully allows to Permitting escape,
- S. 60(1) Any person subject to military law under this Act who, being concerned in Resistance to arrest
- S. 61Any person subject to military law under this Act who escapes from arrest, Escape from
- S. 62(1) Any person subject to military law under this Act who- Offences in relation to
- S. 63(1) Any person subject to military law under this Act who, having been lawfully False evidence
- S. 64(1) Any person subject to military law under this Act who, without authority, Injurious disclosures
- S. 65Any person who, when before a recruiting officer for the purpose of being Making of false
- S. 66Any person subject to military law under this Act who- Making of false
- S. 67Every officer subject to military law under this Act who behaves in a Scandalous conduct of
- S. 68If- Ill-treatment of officers
- S. 69Any person subject to military law under this Act who is guilty of disgraceful Disgraceful conduct
- S. 70Any person subject to military law under this Act who- False accusation, etc.
- S. 71Any person subject to military law under this Act who attempts to commit an Attempts to commit
- S. 72Any person subject to military law under this Act who is guilty of any act, Conduct to the
- S. 73(1) Any person subject to military law under this Act who commits 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 shall consist of such duties or drills, in addition to those Field punishment
- S. 77(1) Any person subject to military law under this Act found committing an Power to arrest
- S. 78(1) The allegations against any person subject to military law under this Act who Provisions for avoiding
- S. 79Before an allegation against a person subject to military law under this Act Investigation of
- S. 80(1) After investigation, a charge against an officer below the rank of Charges to be dealt
- S. 81(1) The following provisions of this section shall 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 this Act- Officers who are to act
- S. 85(1) The charges which may be dealt with summarily by a commanding officer, Limitation of powers of
- S. 86Subject to the provisions of this Act, a court-martial under this Act shall 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 shall consist of the president and not less than two other Constitution of
- S. 89(1) The officer who convenes a court-martial shall not be a member of that Supplementary
- S. 90(1) Subject to the provisions of this section, a court-martial shall sit at such Place for sitting of
- S. 91(1) An accused about to be tried by court-martial shall be entitled to object, on Challenges by
- S. 92(1) An oath shall be administered to every member of a court-martial and to any Administration of oaths
- S. 93(1) Subject to the provisions of this section, a court-martial shall sit in open Court-martial to sit in
- S. 94Where, whether before or after the commencement of the trial, it appears to Dissolution of
- S. 95(1) Subject to the provisions of this section, every question to be determined on Decisions of
- S. 96(1) Without prejudice to the provisions of section ninety-three, the finding of a Finding and sentence
- S. 97(1) An accused charged before a court-martial with an offence under this Act Power to convict of an
- S. 98(1) Subject to the provisions of this Act, the rules as to the admissibility of Rules of evidence
- S. 99A witness before a court-martial or any other person whose duty it is to attend Privilege of witnesses
- S. 100Where in Zambia any person not subject to military law under this 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 Confirmation of
- S. 103At any time after a court-martial has sentenced the accused, but not later than Petitions against
- S. 104(1) A confirming officer may direct that a court-martial shall revise any finding Revision of findings of
- S. 105(1) Subject to the provisions of section one hundred and four and to the Powers of confirming
- S. 106(1) Subject to the provisions of this section, the following shall have power to Confirming officers
- S. 107Subject to the provisions of the proviso to section one hundred and forty-five, Approval of death
- S. 108(1) A finding or sentence which has been confirmed may at any time be Review of finding and
- S. 109(1) Sentences of imprisonment and detention passed by courts-martial may be Reconsideration of
- S. 110(1) Where a charge has been dealt with summarily, otherwise than by the Review of summary
- S. 111(1) Where, on the trial of a person by court-martial, it appears to the court that Provisions where
- S. 112(1) A military sentence of imprisonment or detention or a sentence of field Commencement of
- S. 113(1) Where a soldier has been sentenced to imprisonment or detention by a Duration of sentences
- S. 114(1) The following provisions of this section shall have effect with regard to the Suspension of
- S. 115A person shall not be required to serve any part of a military sentence of Restriction on serving
- S. 116A person 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 person who is serving a military sentence of imprisonment or detention in Country in which
- S. 119(1) It shall be the duty, in so far as regulations made under this Part or Duties of officers in
- S. 120(1) Subject to the provisions of section one hundred and twenty-one, where an Trial and punishment
- S. 121(1) No person shall be tried by court-martial for any offence, other than one Limitation of time for
- S. 122Save as provided in section one hundred and forty-six, nothing in this Act Powers of civil court
- S. 123(1) Where a person subject to military law under this 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 into the absence of an officer or soldier Inquiries into absence
- S. 126(1) The following provisions shall have effect where a person has been Restitution or
- S. 127The appointment of a judge advocate to act at any court-martial may be made Appointment of judge
- S. 128Any finding, sentence, determination or other thing required by this Act to be Promulgation
- S. 129(1) The record of the proceedings of a court-martial shall be kept in the Custody of
- S. 130No action shall lie in respect of anything done by any person in pursuance of Indemnity for prison
- S. 131(1) Subject to the provisions of this section, the President may, by statutory Rules of procedure
- S. 132The President may, by statutory instrument, make regulations (in this 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 this Part- Interpretation of Part V
- S. 136R ight of appeal
- S. 137A pplication for leave to appeal
- S. 138D etermination 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. 143It shall be the duty of the Attorney-General on an appeal against conviction by Defence of appeals
- S. 144R ight of appellant to present his case in writing
- S. 145S uspension of death sentence
- S. 146Where the conviction of a person by a court-martial for an offence has been Person not to be tried
- S. 147R emoval of prisoners for purposes of this Part
- S. 148In the case of every appeal or application for leave to appeal, under this Part Furnishing, on appeal,
- S. 149D uties of registrar of court of appeal with respect to appeals, etc.
- S. 150S aving of powers of reviewing authorities
- S. 151C omposition of court of appeal
- S. 152Any Judge of the the supreme court may- Exercise of certain
- S. 153(1) Subject to the provisions of this Part, any rules of court in force relating to General provisions as
- S. 154F orfeitures and deductions; general provisions
- S. 155F orfeiture of pay for absence from duty
- S. 156D eductions for payment of civil penalties
- S. 157(1) Without prejudice to the provisions of this Act as to the imposition of Compensation for loss
- S. 158D eductions for barrack damage
- S. 159R emission of forfeitures and deductions
- S. 160E nforcement of maintenance and affiliation orders by deduction from pay
- S. 161D eductions from pay for maintenance of wife or child
- S. 162(1) The sums deducted under sections one hundred and sixty and one Limit of deductions
- S. 163S ervice of process in maintenance proceedings
- S. 164C ommand and precedence
- S. 165C ommand of Forces
- S. 166R egulations as to command
- S. 167P owers of command of members of co-operating forces
- S. 168C omplaints by officers
- S. 169C omplaints by soldiers
- S. 170An officer or soldier of the Regular Force shall be exempt from serving as an Exemption from
- S. 171(1) Duties or tolls for passing over any road, ferry or bridge in Zambia shall not Exemption from tolls,
- S. 172E xemption from taking in execution of property used for military purposes
- S. 173A rrest of deserters and absentees without leave
- S. 174(1) Where a person who is brought before a subordinate court is alleged to be Proceedings before a
- S. 175(1) Where a person surrenders himself to a police officer as being illegally Deserters and
- S. 176(1) Where a subordinate court in pursuance of section one hundred and Certificates of arrest or
- S. 177(1) It shall be the duty of the superintendent or other person in charge of a civil Duties of
- S. 178(1) Any person who falsely represents himself to any military or civil authority Punishment for
- S. 179Any person who wilfully obstructs or otherwise interferes with any officer or Punishment for
- S. 180Any person who- Punishment for aiding
- S. 181(1) Any person who acquires any military stores or solicits or procures any Unlawful purchase,
- S. 182(1) Any person who- Illegal dealings in
- S. 183U nauthorised use of and dealing in decorations, etc.
- S. 184(1) The following provisions shall have effect with respect to evidence in General provisions as
- S. 185(1) Where a person subject to military law under this Act has been tried before Proof of outcome of
- S. 186E vidence of proceedings of court-martial
- S. 187T emporary reception in civil custody of persons under escort
- S. 188(1) Every assignment of or charge on, and every agreement to assign or Avoidance of
- S. 189(1) An officer of the Defence Force or of any other military, naval or air force Power of certain
- S. 199The Reserve Force shall consist of such officers and soldiers who shall be Composition
- S. 200D ischarge from Reserve
- S. 201R eporting of Reserve
- S. 202E mbodiment
- S. 203Where the time at which a soldier of the Reserve Force would otherwise be Postponement of
- S. 204(1) Any officer or soldier of the Reserve Force who, without leave lawfully Failure to attend on
- S. 205Subject to the foregoing provisions of this Part, the President may, by Regulations under this
- S. 206(1) Subject to the provisions of sections two hundred and eight and two Persons subject to
- S. 207(1) Subject to the modifications hereinafter specified, where any part of the Application of Act to
- S. 208(1) Officers, warrant officers and non-commissioned officers who, being Application of Act to
- S. 209(1) The provisions of Parts I, II, III, V, VI, VII, VIII and XI shall not apply to Application of Act to
- S. 210R egulations
- S. 211P owers exercisable in subsidiary legislation
- S. 212Save as expressly provided by any regulations, any order, determination, Execution of orders,
- S. 213(1) The units raised under the Defence Act, 1955, of the former Federation of Transitional provisions
- S. 214E xemption from Trades Licensing Act and Clubs' Registration Act
- S. 215R epeal of Defence Act, 1955
- S. in a mutiny whether actual or intended, shall, on conviction by court-martial, be liable
- S. IGENERAL
- S. IIDEFENCE COUNCIL
- S. IIIRETIREMENT BENEFITS
- S. IVENLISTMENT AND TERMS OF SERVICE IN THE REGULAR FORCE
- S. IXSection IX
- S. VBENEFITS IN RESPECT OF INJURY OR DEATH IN THE COURSE OF DUTY
- S. VIAPPEALS FROM COURTS-MARTIAL
- S. VIIFOREFEITURES AND DEDUCTIONS AND ENFORCEMENT OF MAINTENANCE LIABILITIES
- S. VIIIGOVERNMENT AND GENERAL PROVISIONS
- S. XRESERVE FORCE
- S. XIAPPLICATION OF ACT AND SUPPLEMENTARY PROVISIONS
- S. XIICALLING AND EXAMINATIONS OF WITNESSES
- S. XIIISUBMISSION OF NO CASE TO ANSWER AND STOPPING OF CASES
- S. XIVCASE FOR THE DEFENCE AND SUMMING UP BY JUDGE ADVOCATE
- S. XIXPOWERS AND DUTIES OF THE JUDGE ADVOCATE
- S. XVDELIBERATION ON, AND ANNOUNCEMENT OF, FINDING ON THE CHARGE
- S. XVIPROCEDURE AFTER ANNOUNCEMENT OF FINDING
- S. XVIIDELIBERATION AND ANNOUNCEMENT OF SENTENCE
- S. XVIIIGENERAL DUTIES OF THE PRESIDENT, PROSECUTOR AND DEFENDING OFFICER OF COUNSEL
- S. XXWITHDRAWAL AND AMENDMENT OF CHARGE SHEETS AND CHARGES
- S. XXISITTINGS AND ADJOURNMENT OF THE COURT
- S. XXIIINSANITY
- S. XXIIIINTERVIEWING AND ATTENDENCE OF WITNESSES
- S. XXIVRECORD OF PROCEEDINGS
- S. XXIXMISCELLANEOUS PROVISIONS
- S. XXVCONFIRMATION, REVISION AND PROMULGATION
- S. XXVILOSS OF PROCEEDINGS
- S. XXVIICUSTODY OF THE RECORD AFTER CONFIRMATION AND COST OF COPIES THEREOF
- S. XXVIIIPETITIONS