Emergency (Essential Supplies and Services) Regulations, 1988 (SI 38 of 1988)

1. These Regulations may be cited ai;; the Emergency Title (Essential Supplies o.nd Services) Regulations, 1988.

2. These Regulations shall apply to the whole of the Application Republic. 3 Any person who is not a citizen of Zambia and whose Deportation of certain licence undor the Trades Licensing Act has boon revoked non-citizenA. by the President may be deported from the Republic. Cap. 707

4. (1) It is hereby authorised that any properby 01 under­ Power to acquire taking, other than land, belonging to- property (a) any person referred to in regulation 3; or (b) any person or company whose licence has boon revoked by the President under tho Trades Licensing Act: Cap. 707 may be acquired or possession of, or control over, such propert.y or undertaking may be taken or acquired, by the Republic. (2) In exercise of the powers contained in sub-regulation (1), tho President may authori1:1e any pernon to enter any properby or undertaking and take pcssession of, or control on behalf of the Republic of. such property or unde1·taking, and exercise any powers contained in those Regulations in respect of such property or underta1 dng notwithstanding that no compensation has yet bern agreed or paid.

5. A persoa authorised by the President (hereinafter Entry and referod to as an "autho1ised person") may at any time, without search warrant, enter and search a.n. v pTomises belonging to any pArson or company whoso licence has been revoked by the President under tho Ti.a.des Licensing Act. Cap. 707 Copies of this Statutory lnatrwncnt can be olitained from the Governmem Printer' P.O. Boe :J•llJ6, Lusaka, Price 2-ln well. 108 Statutory Instruments 19th Februr.17, 1988 Dispoijo.l of 6. (1) Any good,, or commodities found on any property goods and <'ommodities or undel'taking wltich is the subject of regulation 4 and be­ longing to, any person or company whose licence has been revoked according to regulations 3 and 4 (I) (b) respectively may be confiscated and tboreaftor disposed of as the President may direct. (2) In these Regulations the words ·' goods " and " com­ Co.p. 690 modities " have the moaning assigned to them in the Control of Goods Act. Compensa• 7. Where any of tho powers contained in regulation 6 are tion to be exercised, the Minister responsible for finance shall, on behalf paid of the Republic, pay- (a) in the case whc,c the goods or commoditiei-i were purchased on a. wholesa.lo licence, tho ma.nufactnror's price; (b) in a. case whcro the goods or commoditie,; were pur­ chased on a. 1·etailors licence, tho wholesaler's price. Dispute.a 8. (1) ,vhero any dispute arises as to the amount of com­ pensation, the Attorney-General or auy porson claiming compen<Jation may, 1f such dispute is not settJod within six months. rnfer the dispute to tho National Asc::cmbly which shall by resolution dete1mine the amount of compensation to be paid. (2) No compensation determined by the Natioual AsRembly under these Regulations 1-!hall be called in question in any Court on tho grounds that it is not adequate. (3) Tho exiRtenco of any dispute shall not affect tho right of the President and persons authorised by him to take possession of, or control of, any property or dispose of any goods or commodities confiscated. Procodure 9. Where a dispute as to the- amount of compensation is in National referred to tho National Assembly and either party wishen to Assembly adduce ovidsncc, such evidence shall be heard by a select committee of the National Assembly. The powers, duties and proceeding<: of such select committee shaH be governed by the Standing Orders of the National Assembly for the time being in force. Offences 10. Any person who wilfully fails to comply with an order and to yield up possession, or who wilfully hinders or obstructs penaltie� any duly authoriRcd person taking po!.Re.,<iion of, or control of. any undertaking or property in terms of these Regulations or exorcising any rights or performing anv functions unde� these Regulatiom shall be guilty 0f an offence and liable on conviction to a fine not exceeding t,en thousand kwacha or to imprisonment for a. term not exceeding two years, or to both. 19th Februa.ry, 1988 Statutory Instrwnents 109

11. The 11'Iinister responsible for <·ommorce may, by statutory Ordet· iustrument, mako order'3 fo1· the bettor carrying out of tho provision.'3 of these Regulation'!. KENNJ;;TH D. KAUNDA, LUSAKA Pre8ident 1 !lth F<'hruary, 1988