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308. The Defence Forces shall -
(a) preserve and defend the sovereignty and territorial integrity of the Republic;
(b) foster harmony and understanding between the Defence Forces and members of the society;
(c ) co-operate with the appropriate civilian authority in times of emergencies and natural disasters;
(d) engage in productive activities for the development of the country ; and
(e) perform other functions prescribed by or under an Act of Parliament.
309. There is established a Defence Council consisting of –
(a) the President who is the chairperson;
(b) the Minister responsible for Defence;
(c ) the Minister responsible for Home Affairs;
(d) the Minister responsible for Foreign Affairs;
(e) the Army Commander;
(f) the Air Force Commander;
(g) the Director-General of the Intelligence Security Service; and
(h) one other person appointed by the President.
310. The functions of the Defence Council are to advise -
(a) the President on matters of policy that relate to defence and strategy, including -
(i) the role of the Defence Forces;
(ii) military budgeting, military purchases and finances; and
(iii) operational command and administration of the Defence Forces; and
(b) the President on the appointment, recruitment, promotion and the terms and conditions of service of members of the Defence Forces.
Zambia Police Service
311. (1) The functions of the Zambia Police Service are to -
(a) protect life and property;
(b) preserve law, peace and order;
(c ) ensure the security of the people;
(d) prevent and detect crime;
(e) protect the rights and freedoms enshrined in this Constitution;
(f) work to eliminate corruption;
(g) foster and promote good relationship with members of the society; and
(h) perform other functions prescribed by or under an Act of Parliament.
(2) The Minister responsible for police services shall register, regulate and supervise private security organisations.
Zambia Prisons Service
312. The Prisons Service has responsibility for the management and control of prisoners and prisons and for other functions that relate to prisoners as prescribed by an Act of Parliament.
313. (1) Not withstanding Article 286, the Police and Prisons Services Commission shall consist of -
(a) a chairperson, appointed by the President;
(b) one representative of the Attorney-General not below the rank of Director;
(c ) the Minister responsible for Home Affairs;
(d) the Inspector-General of Police;
(e) the Commissioner of Prisons;
(f) one medical practitioner nominated by the association that represents registered medical practitioners in Zambia;
(g) one representative of the Ministry responsible for social welfare; and
(h) one representative of the Law Association of Zambia.
(2) The members of the Police and Prisons Services Commission shall be appointed by the President, subject to ratification by the National Assembly.
314. The Police and Prisons Services Commission shall -
(a) advise the President on matters that relate to –
(i) the internal security, including the role of the Police Service, budgeting, finance and administration of the Police Service;
(ii) the organisation and maintenance of the prison system including the role of the Prison Service, budgeting, finance and administration of the Prison Service;
(iii) the appointment, recruitment, promotion, discipline and conditions of service of personnel in the Police Service and the Prisons Service; and
(b) perform other functions prescribed by or under an Act of Parliament.
Security Intelligence Service
315. There is established the Security Intelligence Service Commission which is responsible for -
(a) security intelligence and counter intelligence aimed at ensuring national security;
(b) defence of this Constitution against any act of sabotage or subversion; and
(c ) other functions as prescribed by or under an Act of Parliament.
316. There is established the National Intelligence Council consisting of -
(a) the President;
(b) the Director-General of the Security Intelligence Service;
(c ) the Army Commander;
(d) the Air Commander;
(e) the Inspector-General of Police;
(f) the Commissioner of prisons;
(g) the Ministers responsible for home affairs, defence and foreign affairs; and
(h) such other persons as the President may appoint.
317. The functions of the National Intelligence Council are to –
(a) formulate national intelligence policies;
(b) assess and appraise the risks, commitments and capabilities of the Republic in relation to actual or potential danger to the security of the Republic;
(c ) give general directions and guidelines on the administration of the Security Intelligence Service;
(d) advise the President on appointment, promotion and the terms and conditions of service of the staff and other employees of the Security Intelligence Service; and
(e) other functions as prescribed by or under an Act of Parliament.
Zambia National Service
318. (1) There is established the Zambia National Service.
(2) Parliament shall enact legislation to provide for the structures and functions of the Zambia National Service, and any other matters relating to the National Service.
319. (1) There shall be appointed for the Defence Forces and the national security agencies the following security chiefs, in the case of:
(a) the Army, the Army Commander;
(b) the Air Force, the Air Force Commander;
(c ) the Zambia Security Intelligence Service, the Director General of the Security Intelligence Service;
(d) the Police Service, the Inspector-General of Police; and
(e) the Prison Service, the Commissioner of Prisons.
(2) The appointments under clause (1), shall be made by the President on the recommendation of the respective service commissions or Council provided for under this Part and for a tenure determined by the President.
(3) A person does not qualify for appointment under clause (1), unless that person -
(a) is a citizen by birth; and
(b) has attained the age of forty-five years.
(4) A security chief appointed under clause (1), shall, subject to the general direction of the respective service commission or Council on matters of policy, be responsible for the administration, control supervision and operations of the respective Force or Service.
(5) The emoluments and other terms and conditions of service of the security chiefs shall be determined by the President in consultation with the Emoluments Commission.
320. (1) The power to appoint other persons to hold or act in an office in the Defence Forces or any of the national security agencies vests in the President, who shall exercise the power on the advice of the respective Service Commission or Council.
(2) The President may, subject to specified conditions in writing, delegate the powers of appointment, conferred on the President under this Part, in respect of -
(a) the Defence Forces, to the Defence Council;
(b) the Police and Prison Service, to the Police and Prison Service Commission; and
(c ) the Security Intelligence Service, to the National Intelligence Council.
321. (1) Subject to this Constitution, a member of the Defence Forces or of a national security agency may retire after twenty years service and shall retire on attaining the age of fifty-five years.
(2) A person who has held an office in the Defence Forces or any of the national security agencies as a defence or security personnel and is retired, is not eligible for re-appointment in the Defence Forces or any of the national security agencies.
(3) Retired defence and national security personnel -
(a) shall be integrated into civilian life and provided -
(i) adequate retirement benefits; and
(ii) a settlement scheme; and
(b) may be recalled for service in the event of war or a declaration of a state of emergency.
322. Subject to this Constitution, Parliament shall enact legislation to provide generally for the effective operation of the Defence Forces and the national security agencies and shall in particular provide for -
(a) their organs and structures;
(b) the recruitment of persons from every district of the country into the Defence Forces and the national security agencies; and
(c ) the terms and conditions of service of members.
PUBLIC FINANCE AND BUDGET
323. (1) A tax shall not be imposed, except by or under an Act of Parliament.
(2) Where a law enacted under clause (1), confers powers on any person or authority to waive or vary a tax imposed by that law, that person or authority shall report to the National Assembly periodically on the exercise of those powers, as shall be prescribed by an Act of Parliament.
(3) Parliament may enact legislation to confer power on a local authority established by law, to impose tax specified in that Act, within the area of authority of that local authority.
324. (1) There is established a fund to be known as the Consolidated Fund of the Republic.
(2) Subject to clause (3), all money raised or received for the purposes of, on behalf of, or in trust for the Republic shall be paid into the Consolidated Fund.
(3) The money referred to in clause (2), does not include money -
(a) that is payable under this Constitution or an Act of Parliament into some other public fund established for a specific purpose; or
(b) that may, under this Constitution or an Act of Parliament, be retained by the State organ or institution that receives it for the purpose of defraying the expenses of that State organ or institution.
325. (1) Subject to Article 326, money shall not be withdrawn from the Consolidated Fund except –
(a) to meet expenditure charged on the Consolidated Fund by this Constitution or by an Act of Parliament; or
(b) where the issuance of that money has been authorized by an Appropriation Act or a Supplementary Appropriation Act.
(2) Money shall not be withdrawn from any public fund of the Republic, other than the Consolidated Fund, unless the issue of the money has been authorized by an Act of Parliament.
(3) Money shall not be withdrawn from the Consolidated Fund unless the withdrawal has been approved in the manner prescribed by an Act of Parliament.
326. (1) Where in any financial year, the President is satisfied that the Appropriation Act in respect of that financial year will not come into operation by the beginning of that year, the President may -
(a) with the prior approval of the National Assembly; and
(b) subject to this Article;
authorize the withdrawal of money from the Consolidated Fund to meet expenditure necessary to carry on the services of the Government until the expiration of four months from the beginning of that financial year or the coming into operation of the Appropriation Act, whichever is earlier.
(2) Money withdrawn in any financial year from the Consolidated Fund under clause (1), in respect of any service of the Republic -
(a) shall not exceed the amount shown as required on account in respect of that service in the vote approved by the National Assembly for that financial year; and
(b) shall be set off against the amount provided in respect of that service in the Appropriation Act for that financial year when that Act comes into operation.
327. (1) Parliament shall enact legislation to establish a Compensation Fund for purposes of paying victims of crime and claims against the State and to provide for the operation of the Compensation Fund.
(2) Money shall not be withdrawn from the Compensation Fund unless the withdrawal is authorized under the Act of Parliament.