Zambia was losing a lot of income because of not having a law for the protection of services trademarks are administered under the trademarks act cap 400 of the laws of zambia read in conjunction with the regulations of the same act protection of a trademark is for 10 years with a provision for renewal. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. Establishment of nongovernmental organisations registration board 6. Posts about penal code amendment act number 15 b of 2005 of the laws of zambia written by kwatu. Interpretation part ii establishment of tobacco board 3. This act may be cited as the constitution of zambia. Zambias constitution of 1991 with amendments through 2009. This act may be cited as the law association of zambia act. Professor muna ndulo speaks on rule of law in zambia today. Judicial reform, constitutionalism and the rule of law in. The patents act cap 400 provides for patent protection in zambia.
Republic of zambia the judgments act chapter 81 of the laws of zambia chapter 81 the judgments actchapter 81 the judgments act arrangement of sections section 1. Nov 27, 20 posts about penal code amendment act number 15 b of 2005 of the laws of zambia written by kwatu. Userspublicdocumentsgp jobsconstitution of zambia act. Vacant republic of zambia the national heritage conservation commission act chapter 173 of the laws of zambia. Review and recommendations for reform patrick meagher iris centeruniversity of maryland and doris mwiinga ministry of legal affairs, republic of zambia in collaboration with betty wilkinson iris centeruniversity of maryland september 1999. In this act, unless the context otherwise requires interpretation.
And the law association of zambialaz has described the zambias rule of law as being under severe threat. Laws on patents, trademarks and industrial designs give exclusive rights to the. By professor muna ndulo the recent zambia episcopal conference pastoral letter warns us. Laws of zambia part iii national values, principles and.
Oasis forum statement on state of democracy,rule of law in zambia and need for national unity. The trade marks act chapter 401 of the laws of zambia chapter 401 the trade marks act the trade marks act arrangement of sections part i preliminarypart i preliminary section 1. The aim of this paper is to explore and examine issues of intellectual property policy, administration and enforcement in africa in general and in particular eritrea, liberia and zambia. Trademarks are administered under the trademarks act cap 400 of the laws of zambia read in conjunction with the regulations of the same act protection of a trademark is for 10 years with a provision for. The admonition that zambia is headed towards a breakdown of the rule of law and its attendant concept of constitutionalism unless it.
The nongovernmental organisations act, 2009 arrangement of sections part i preliminary section i. This act may be cited as the zambia development agency act, 2006 and shall come into force on such date as the minister may, by statutory instrument, appoint. During the 1920s and 1930s, advances in mining spurred development and immigration. Penal code amendment act number 15 b of 2005 of the laws. Penal code amendment act number 15 b of 2005 of the laws of.
However, non governmental organisations have been in existence for a long period in zambia and duly regulated under various acts of parliament such as the societies act chapter 119 of the laws of zambia, the companies act chapter 388 of the laws of zambia and the lands perpetual succession act chapter 186 of the laws of zambia. However, it is defined in the minimum wages and conditions of employment general order 2011 to mean any person or firm, cooperative or company who or which has entered into a contract of service as defined in section three of the employment act. Trademarks are administered under the trademarks act cap 400 of the laws. Does the law association of zambia act cap 31 overpoliticize zambias legal profession. This article seeks to examine to what extent the intestate succession act chapter 59 of the laws of zambia protects the rights of widows and to what extent the said act complies with international treaties and conventions on the rights of widows. Law breakers are subjected to payment of admission of guilty money and an official receipt accounts form 72 is issued. Jun 10, 2017 dear editor, i am writing to express my disgust at the negative turns zambia is taking with regards to the rule of law as demonstrated by on going treason case against hh and his coaccused.
Law in zambia southern african institute for policy and. I will appreciate if you have the space to publish it. Zambia social science journal volume 2 number 1volume 2, number 1 may 2011 article 3 512011 judicial reform, constitutionalism and the rule of law in zambia. Zambia formerly the territory of northern rhodesia was administered by the british south africa company from 1891 until it was taken over by the uk in 1923.
The common law and zambia 3 it is generally agreed that the process involves a grouping of facts into categories or classes in accordance with their relevance to a particular legal theory deemed appli cable to both cases so that some facts can be retained as significant and others dismissed as inconsequential. Dear editor, i am writing to express my disgust at the negative turns zambia is taking with regards to the rule of law as demonstrated by on going treason case against hh and his coaccused. The common law and zambia southern african institute for. This was the constitution act that was promulgated on august. The seal of the patent office, kept in terms of the patents act, shall also be the seal of the trade marks office, and impressions thereof made for the purposes of this act shall be judicially noticed. An act to make special provision with respect to employment during any period. Is the soe required to submit annual reports to the legislature on its commercial. Chapter 400 of the laws of zambia, and statutory instrument no 83 of 2004 titled the patents manufacture of patented antiretroviral. Whether pf, upnd or whatever party you might belong to, at one point we have to realize that we are all zambian and that the. This guide to law online zambia contains a selection of zambian legal, juridical, and governmental sources accessible through the internet. Posted on march 30, 2017 by elias munshya, mba, llm, ma, mdiv 2 comments. The major changes consist of the following new acts. Posted on march 30, 2017 by elias munshya, mba, llm, ma, mdiv 2. Constitutional development in zambia can be traced back to the british colonial times, especially from the beginning of the 1950s.
Interpretation part ii the nongovernmental organisations registration board 5. Where an application is made to the supreme court for an order for evidence to be obtained in the. Government of the republic of zambia b in relation to a literary work in a nondramatic form, a version of the. Do rules require a periodic audit of the soes financial statements by an external body.
Ministers power to amend schedule schedulepublications chapter 303 food and drugs 22 of 1972 of 1994 an act to protect the public against health hazards and fraud in the sale and use of food, drugs, cosmetics and medical devices. Zambia police traffic officers are mandated for the enforcement of the road traffic laws act no 11 of 2002 of the laws of zambia. Jan 30, 20 by professor muna ndulo the recent zambia episcopal conference pastoral letter warns us. Jul 15, 20 however, non governmental organisations have been in existence for a long period in zambia and duly regulated under various acts of parliament such as the societies act chapter 119 of the laws of zambia, the companies act chapter 388 of the laws of zambia and the lands perpetual succession act chapter 186 of the laws of zambia. Review and recommendations for reform patrick meagher iris centeruniversity of maryland and doris mwiinga ministry of legal affairs, republic of zambia in collaboration with betty wilkinson. This document contains major provisions of the 1989 intestate succession act of zambia. The registered designs act, chapter 402 of the laws of zambia. Intellectual property and access to medicines world health. The laws of zambia act provides that all acts in force in the republic and all acts which. Patent exceptions and limitations in the health context by. Qualification and registration of patent agents 69. They enforce the law by ensuring that those who break it are brought to book. This act may be cited as the patents act, 2016, and shall come into operation on such date as the minister may, by statutory instrument, appoint.
The patents act, chapter 400 of the laws of zambia. Removal of names from register of patent agents 70. Oasis forum statement on state of democracy,rule of. Republic of zambia ministry of commerce, trade and. This act may be cited as the patents act, 2016, and shall come into. Ngos reject fraudulent law aimed at controlling civil society. A glimpse of zambias workforce legislation governing the rights and obligations of employers and employees is mainly contained in the 1993 industrial and labour relations act, which among other things, contains the principle of employee involvement, through the medium of. These regulations may be cited as the patents manufacture of patented antiretroviral drugs. The following zambian acts mentioned below have now become operational. A critical analysis of the efficacy of the intestate. There shall bea a registrar of trade marks who shall exercise the powers and perform the.
Chapter 237 the tobacco act arrangement of sections part i preliminary section 1. Democracy, good governance and the rule of law, borrows the concluding line by june jordan from her poem for south african women which was written after a massive protest by women against pass laws in south africa in 1978. Speaking at a media briefing following the arrest of post newspaper proprietor fred mmembe, his wife mutinta mazoka and a journalist joseph mwenda, laz president linda kasonde says the police have disregarded a legally binding order by the revenue appeals tribunal ordering release of. Userspublicdocumentsgp jobsconstitution of zambia act 2016. Native reserves and native trust land and it was necessary to change the laws before zambia became independent. Action for smoke damage prohibition repeal act chapter 206. Patent protection is administered under the patents act cap 401of the laws of zambia a patent is a title granted to a person or an entity by the government to protect an invention in any field of technology this can be for a process or a product for a patent to be granted it must be novel new, it must not be. The law association of zambia act arrangement of sections part i preliminary section 1.
A critical analysis of the efficacy of the intestate succession act chapter 59 of the laws of zambia in protecting the rights of widows daphne chabu submitted in partial fulfilment of the masters in womens law, southern and eastern african regional centre for womens law, university of zimbabwe. Laws, or the registration of united kingdom patents act, chapter. The term employer is not defined by the minimum wages and conditions of employment act. Tanganyika victoria memorial institute act chapter 177. To this end, it covers a variety of topics ranging from the history of the common law in zambia, to the question o lawf th. Enactment short title and commencement zambia development agency no. Interpretation part ii law association of zambia 3. Its constitution building history can be divided into post independence and post cold war periods.
National heritage conservation commission act chapter 174. New operational zambian acts 2017 intellectual property. Victoria memorial institute repeal act chapter 178. The laws of zambia act provides that all acts in force in the republic and all acts which have been enacted but not yet brought into operation shall form part of the laws of zambia. History of zambian constitution zambia daily nation. Does the law association of zambia act cap 31 over. Under this law, the protection lasts sixteen years. The workshop was organized as a collaborative activity between the african union commission auc and the international institute for.
Part 1, number 2, states that this act applies only to those to whom customary law would have applied if the act were not in existence and that the act has no bearing on land held under. Laws of the republic of zambia 1995 edition revised volume 6 contents chapter 68. The basis for roman laws was the idea that the exact form not the intention of words or of actions produced legal consequences. A glimpse of zambias workforce legislation governing the rights and obligations of employers and employees is mainly contained in the 1993 industrial and labour relations act, which among other things, contains the principle of employee involvement, through the medium of works councils. Prohibition of certain acts by patent agents part xi. Laws of the republic of zambia 1995 edition revised volume 12 contents chapter 173. The companies act chapter 388 of the laws of zambia the. The trade marks act, chapter 40 of the laws of zambia. Similarly, without a strong and impartial judiciary, kasonde. Continuous effect of constitution part ii sovereignty 4.
Brief introduction this chapter introduces the rule of law in zambia and answers the question of whether law rules in zambia. Laws of the republic of zambia 1995 edition revised volume 22 contents chapter 393. Relevant case law will be cited in an attempt to show whether cases taken to court. Roman law served as the basis of law systems developed in a number of continental european.
Mining legislation and mineral development in zambia. Intellectual property rights issues legal framework in zambia. Challenges to the rule of aw in africa 9 introduction the workshop on challenges to the rule of law in africa took place in pretoria, south africa on 12 april 2016. Act of parliament adjudication administration african amended application appointed article attorneygeneral authority bill chancellor chapter chief justice cited civil code colonial commission common law compensation constitution of zambia criminal customary law decision declaration dispute document enactment england english law equity.
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