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REPUBLIC OF ZAMBIA
THE HOME GUARD ACT
CHAPTER 122 OF THE LAWS OF ZAMBIA
CHAPTER 122 THE HOME GUARD ACT
THE HOME GUARD ACT
ARRANGEMENT OF SECTIONS
PART I PRELIMINARYPART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II ESTABLISHMENT OF THE HOME GUARD AND ITS COMMANDAND
FUNCTIONSPART II
ESTABLISHMENT OF THE HOME GUARD AND ITS COMMAND
AND FUNCTIONS
3. Establishment of the Home Guard
4. Supreme command of the Home Guard
5. Command of the Home Guard
6. Functions of the Home Guard
7. Duties of members of the Home Guard
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PART III MEMBERS, ENLISTMENT, ATTESTATION, ETC.PART III
MEMBERS, ENLISTMENT, ATTESTATION, ETC.
8. Composition of the Home Guard
9. Members of the Home Guard to be members of the Defence Force
10. Eligibility for enlistment
11. Recruiting officer
12. Enlistment
13. Validity of attestation and enlistment
14. False answers in attestation papers
15. Prohibition of non-citizens from enlisting or serving in the Home Guard
PART IV HOME GUARD PROBING COMMITTEEPART IV
HOME GUARD PROBING COMMITTEE
16. Home Guard Probing Committee
PART V ALLOWANCE, TRAINING, DISCHARGE, ETC.PART V
ALLOWANCE, TRAINING, DISCHARGE, ETC.
Section
17. Allowance
18. Training
19. Embodiment
20. Discharge
21. Postponement of discharge
PART VI DISCIPLINEPART VI
DISCIPLINE
22. Failure to attend on embodiment
23. Failure to fulfil training obligation
24. Person causing disaffection amongst members of the Home Guard
PART VII MISCELLANEOUSPART VII
MISCELLANEOUS
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25. Membership of the Home Guard not a disqualification for membership of the
National Assembly
26. Transitional provisions
27. Expenditure
28. Power to prosecute under other law not affected
PART VIII EMPLOYER'S OBLIGATIONPART VIII
EMPLOYER'S OBLIGATION
29. Employer's obligation
PART IX REGULATIONSPART IX
REGULATIONS
30. Regulations
PART X APPLICATION OF THE DEFENCE ACT TO THE HOME GUARDPART X
APPLICATION OF THE DEFENCE ACT TO THE HOME GUARD
31. Application of the Defence Act
32. (Had its effect)
33. Dissolution of the Territorial Force
SCHEDULE-Declaration
CHAPTER 122
HOME GUARD 32 of 1971
13 of 1994
An Act to make provision for the establishment, maintenance, discipline and
administration of the Home Guard; and to provide for matters incidental
thereto or connected therewith.
[21st January, 1972]
PART I PRELIMINARYPART I
PRELIMINARY
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1. This Act may be cited as the Home Guard Act. Short title
2. (1) In this Act, unless the context otherwise requires-
"active service" shall have the meaning assigned thereto in section three of the
Defence Act;
"Army" means the Regular Force of the Army referred to in subsection (1) of
section four of the Defence Act;
"citizen" means a citizen of Zambia;
"Commander" means the Commander of the Home Guard;
"commanding officer", in relation to a guardsman, means the officer for the time
being commanding the unit, sub-unit, branch or detachment of the Home
Guard to which the guardsman belongs or is attached;
"date of attestation", in relation to any person, means the date on which he is
attested in accordance with the provisions of this Act;
"Defence Force" shall have the meaning assigned thereto in section two of the
Defence Act;
"guardsman" means a member of the Home Guard other than an officer;
"member" means a guardsman or an officer;
"officer" means an officer of the Home Guard appointed as such by the President;
"serviceman" shall have the meaning assigned to it in section two of the Zambia
National Service Act;
"unit" means a body of the Home Guard declared to be a unit by the Commander,
and "sub-unit", "branch" and "detachment" shall be construed accordingly.
Interpretation
Cap. 106
Cap. 106
Cap. 106
Cap. 121
(2) For the purposes of this Act and the Defence Act as applied to the Home Guard- Cap. 106
(a) a reference to being on duty shall be construed as a reference to being
present for the purpose of performing any duty required in accordance with
the provisions of this Act;
(b) the period during which the whole or a part of the Home Guard is employed
under order of the President under section nineteen shall be deemed to
begin as soon as the order is made.
PART II ESTABLISHMENT OF THE HOME GUARD AND ITS COMMANDAND
FUNCTIONSPART II
ESTABLISHMENT OF THE HOME GUARD AND ITS COMMAND
AND FUNCTIONS
3. There is hereby established a force to be known as the Home Guard (in this Act
referred to as "the Home Guard").
Establishment of the
Home Guard
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4. The supreme command of the Home Guard shall vest in the President and he
shall hold the office of the Commander-in-Chief of the Home Guard.
Supreme command of
the Home Guard
5. (1) The President may appoint a suitable person as Commander of the Home
Guard (hereinafter called "the Commander").
Command of the
Home Guard
(2) The Commander shall, subject to the provisions of this Act and subject to the
orders and directions of the Minister, have the command, superintendence, direction and
control of the Home Guard.
(3) The Commander may, subject to the general instructions of the Minister and to
the provisions of this Act, from time to time make standing orders for the general
management of the members of the Home Guard in relation to their training, arms and
accoutrement, clothing and equipment, places of residence, classification of duties, as
well as their distribution and inspection, and such other orders and instructions as he may
deem expedient for preventing neglect and for promoting efficiency, discipline and good
management of the Home Guard.
(4) The Commander may delegate to any officer such duties, functions and powers
(other than the power of delegation) as he may from time to time deem expedient.
6. The functions of the Home Guard shall be the defence of the Republic and the
maintenance of public order and public safety.
Functions of the Home
Guard
7. Every member of the Home Guard shall-
(a) perform such duties and carry out such training as may be directed by the
officers senior to or placed in command over him;
(b) obey and execute promptly all orders lawfully issued to him by the officers
senior to or placed in command over him.
Duties of members of
the Home Guard
PART III MEMBERS, ENLISTMENT, ATTESTATION, ETC.PART III
MEMBERS, ENLISTMENT, ATTESTATION, ETC.
8. (1) The Home Guard shall consist of such number of officers and guardsmen as
may from time to time be determined by the President.
Composition of the
Home Guard
(2) All the officers and guardsmen shall be liable to serve in any part of Zambia and,
in so far as is herein provided, elsewhere.
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9. Every member of the Home Guard shall, when on duty, and during any period
when the President has ordered employment of the whole or any part of the Home Guard
under the provisions of section nineteen, be subject to military law and shall be deemed,
as far as may be, a member of the Defence Force-
(a) if serving as an officer in the Home Guard, as an officer; and
(b) otherwise as a soldier:
Members of the Home
Guard to be members
of the Defence Force
Provided that this section shall not render a member of the Home Guard liable to
proceedings for an offence under section seventy-three of the Defence Act (which
provides for the punishment under military law of civil offences).
Cap. 106
10. (1) A citizen aged between eighteen and forty-five years may enlist in the Home
Guard.
Eligibility for enlistment
(2) A citizen to whom the provisions of subsection (5) of section five of the Zambia
National Service Act apply shall enlist in the Home Guard.
Cap. 121
11. Any person authorised in that behalf by the Commander (hereinafter referred
to as "a recruiting officer") may enlist recruits in the Home Guard in the prescribed
manner.
Recruiting officer
12. (1) A person offering to enlist in the Home Guard shall be given a notice in the
prescribed form setting out the questions to be answered on attestation and stating such
other things as may be prescribed, and a recruiting officer shall not enlist any person in
the Home Guard unless satisfied by that person that he has been given such a notice,
understands it, and wishes to be enlisted.
Enlistment
(2) A person on joining the Home Guard shall make the declaration set out in the
Schedule.
(3) The term for which a person may be enlisted in the Home Guard shall be such
term commencing with the date of his attestation as may be prescribed.
13. (1) When a person has made the declaration set out in the Schedule upon his
attestation-
Validity of attestation
and enlistment
(a) the validity of his enlistment shall not be called in question on the ground of
any error or omission in his attestation paper;
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(b) after the expiration of a period of three months from the date on which he
made the said declaration, he shall be deemed to have been validly
enlisted, notwithstanding any non-compliance with the requirements of this
Act or any regulations made thereunder as to enlistment or attestation or
any other ground whatsoever (not being an error or omission in his
attestation paper), and he shall be deemed to be a member of the Home
Guard until his discharge.
(2) Where a person has received any allowance, including transport fares, without
having previously made the declaration set out in the Schedule-
(a) he shall be deemed to be a member of the Home Guard until discharged;
(b) he may claim his discharge at any time, and, if he makes such claim, the
claim shall be submitted as soon as may be to the competent authority in
the Home Guard who shall, if the claim is well founded, cause him to be
discharged with all convenient speed.
(3) Nothing in the foregoing provisions of this section shall be construed as
prejudicing the determination of any question as to the term for which a person was
enlisted or as preventing the discharge of a person who has not claimed his discharge.
14. (1) If a person appearing before a recruiting officer for the purposes of being
enlisted in the Home Guard knowingly makes a false answer to any question contained in
the attestation paper and put to him by, or by the direction of, the recruiting officer, he
shall commit an offence against this section and shall be liable on conviction to a fine not
exceeding one thousand penalty units or to imprisonment for a term not exceeding three
months, or to both.
(As amended by Act No. 13 of 1994)
False answers in
attestation papers
(2) For the avoidance of doubt, it is hereby declared that a person may be
proceeded against under this section notwithstanding that he has since become subject to
military law under this Act or the Defence Act.
Cap. 106
15. (1) A person who is not a citizen shall not enlist or serve in the Home Guard. Prohibition of
non-citizens from
enlisting or serving in
the Home Guard
(2) If a person who is not a citizen enlists or serves in the Home Guard, he shall be
guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand
penalty units or to imprisonment for a term not exceeding three months, or to both.
(As amended by Act No. 13 of 1994)
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PART IV HOME GUARD PROBING COMMITTEEPART IV
HOME GUARD PROBING COMMITTEE
16. (1) There is hereby established a Home Guard Probing Committee (hereinafter
referred to as "the Probing Committee").
Home Guard Probing
Committee
(2) The Probing Committee shall consist of a chairman and four other members who
shall all be appointed by the Minister.
(3) A member of the Probing Committee shall be appointed for a period of two
years.
(4) The functions of the Probing Committee shall be-
(a) to consider the cases of hardship to individual persons resulting from their
liability to join, enlist or continue in the Home Guard; and
(b) such other functions as the Minister may prescribe.
(5) Notwithstanding anything to the contrary contained in this Act or any other
written law, the Probing Committee may exempt any person or class of persons from
liability to join, enlist or continue in the Home Guard.
PART V ALLOWANCE, TRAINING, DISCHARGE, ETC.PART V
ALLOWANCE, TRAINING, DISCHARGE, ETC.
17. (1) A member of the Home Guard shall not be entitled to any pay for his service
in the Home Guard, but he may be given such allowance as the Minister may prescribe in
respect of performance of duty during the period when the President has ordered the
employment of the whole or a part of the Home Guard under section nineteen.
Allowance
(2) Different amounts of allowance may be prescribed in respect of different ranks of
members of the Home Guard.
18. (1) Subject to the provisions of this section, every member of the Home Guard
shall attend for training at such place or places and for such periods as may be
determined by the Commander and shall fulfil such conditions relating to training as may
be prescribed.
Training
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(2) The requirements of subsection (1) may be dispensed with in whole or in part
with respect to any unit, sub-unit, branch or detachment by the Commander, and with
respect to any individual member of the Home Guard by his commanding officer, subject
to any general directions of the Commander.
19. (1) Whenever it appears to the President necessary or desirable in the public
interest, he may-
Embodiment
(a) order the employment of the whole or any part of the Home Guard; and
(b) order the employment of any member of the Home Guard for service within
or, with his consent, outside Zambia.
(2) Any member of the Home Guard employed in terms of subsection (1) by reason
of an order issued by the President shall remain so employed until released by the
President.
(3) Every member of the Home Guard may, when undergoing training under section
eighteen, or when employed in terms of subsection (1), be posted or attached to any unit
of the Regular Force, any unit, sub-unit, branch or detachment of the Home Guard or the
Zambia Combined Cadet Force established under section three of the Combined Cadet
Force Act.
Cap. 118
20. (1) Subject to the provisions of this Act, a member of the Home Guard upon
becoming entitled to be discharged shall be discharged with all convenient speed, but until
discharge shall remain a member of the Home Guard.
Discharge
(2) Except in pursuance of the order of a court-martial, a member of the Home
Guard shall not be discharged unless his discharge has been authorised by order of the
competent authority in the Home Guard.
(3) Subject to the provisions of this Act, a member of the Home Guard shall be
entitled to be discharged at any time on complying with the following conditions:
(a) giving to his commanding officer three months' notice in writing, or such
less notice as may be prescribed, of his desire to be discharged and stating
his reasons therefor; and
(b) delivering up in good order, fair wear and tear only excepted, all arms,
clothing and appointments, being public property issued to him or, in cases
where for any good or sufficient cause the delivery of the property aforesaid
is impossible, paying the value thereof:
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Provided that it shall be lawful for the commanding officer, in any case in which it
appears that the reasons for which the discharge is claimed are of sufficient urgency or
weight, to dispense either wholly or in part with all or any of the provisions of this section.
(4) If the commanding officer is of the opinion that the reasons for requesting a
discharge given in a notice under paragraph (a) of subsection (3) are frivolous, he shall
transmit the notice together with the grounds upon which he formed his opinion to a
committee appointed for this purpose by the Minister and-
(a) if the committee by a majority vote agrees with the opinion of the
commanding officer that the reasons given in the notice are frivolous, the
member of the Home Guard shall be so informed and, upon communication
of such information to the member of the Home Guard, the notice shall not
be deemed to be a notice complying with the requirements of paragraph (a)
of subsection (3);
(b) if the committee by a majority vote disagrees with the opinion of the
commanding officer, the reasons given in the notice shall not be considered
as frivolous, and the commanding officer shall be so informed and such
decision shall be binding on the commanding officer.
(5) Subject to the approval of the Commander, a member of the Home Guard may
be discharged by his commanding officer-
(a) for disobedience to lawful orders while doing any military duty or for neglect
of such duty, or for misconduct by him as a guardsman or for other
sufficient cause;
(b) within one year of the date of his enlistment if, in the opinion of his
commanding officer, he is considered either-
(i) unlikely to make an efficient member of the Home Guard; or
(ii) likely to bring discredit upon the Home Guard.
21. Where the time at which a member of the Home Guard would otherwise be
entitled to be discharged occurs at a time when the Home Guard or any part thereof is
employed in terms of section nineteen, he may be required to prolong his service for such
further term as the President may order.
Postponement of
discharge
PART VI DISCIPLINEPART VI
DISCIPLINE
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22. (1) Any member of the Home Guard who, except with leave lawfully granted or
on account of such sickness or such other reasonable cause as may be allowed in the
prescribed manner, fails to appear at the time and place appointed for assembly on
embodiment in accordance with the directions given under section nineteen shall be guilty,
according to the circumstances, of desertion or absence without leave, and on conviction
by court-martial shall be punishable as for an offence under section forty-two or, as the
case may be, section forty-three of the Defence Act.
Failure to attend on
embodiment
Cap. 106
(2) Sections one hundred and seventy-three and one hundred and seventy-four of
the Defence Act shall apply to a deserter or absentee without leave contrary to subsection
(1).
Cap. 106
(3) Any person who, knowing any guardsman to be a deserter within the meaning of
this Act or the Defence Act, employs or continues to employ the guardsman shall be
deemed to aid him in concealing himself and shall be guilty of an offence and liable on
conviction to a fine not exceeding two thousand penalty units or to imprisonment for a
term not exceeding six months, or to both.
Cap. 106
(4) Where a guardsman deserts contrary to subsection (1), the time which elapsed
between the time of his desertion and the time of his apprehension or voluntary surrender
shall not be taken into account for the purpose of discharge.
(As amended by Act No. 13 of 1994)
23. Where a member of the Home Guard, except with leave lawfully granted or on
account of such sickness or such other reasonable cause as may be allowed in the
prescribed manner, fails to appear at the time and place appointed for his initial or
periodical training, or fails to attend the number of drills or instructional parades or to fulfil
any other conditions relating to his initial or periodical training which may be prescribed,
he shall be guilty of an offence and liable on conviction to a fine not exceeding one
hundred penalty units.
(As amended by Act No. 13 of 1994)
Failure to fulfil training
obligation
24. Any person who-
(a) causes or attempts to cause or does any act calculated to cause
disaffection amongst the members of the Home Guard; or
(b) induces or attempts to induce, or does any act calculated to induce, any
member of the Home Guard to desert or to commit any breach of discipline;
shall be guilty of an offence and liable on conviction to a fine not exceeding five thousand
penalty units or to imprisonment for a term not exceeding two years, or to both.
(As amended by Act No. 13 of 1994)
Person causing
disaffection amongst
members of the Home
Guard
PART VII MISCELLANEOUSPART VII
MISCELLANEOUS
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25. A person shall not, by reason of his membership of the Home Guard, be
rendered incapable of being elected or of sitting and voting as a member of the National
Assembly.
Membership of the
Home Guard not a
disqualification for
membership of the
National Assembly
26. The units raised, established and the persons enlisted or appointed, and acts
and things done, before the commencement of this Act, by the Government for the
purpose of an organisation named the Home Guard shall, from the commencement of this
Act, be deemed to have been raised, established, enlisted, appointed or done under this
Act.
Transitional provisions
27. The expenditure incurred in consequence of the coming into operation of this
Act shall be charged on the general revenues of the Republic.
Expenditure
28. Nothing in this Act shall exempt any person from being prosecuted under any
other law in respect of any offence made punishable by this Act:
Power to prosecute
under other law not
affected
Provided that no person shall be punished twice for the same offence on account of
the same facts.
PART VIII EMPLOYER'S OBLIGATIONPART VIII
EMPLOYER'S OBLIGATION
29. (1) Any person who, having power to give reasonable facilities to an employee
for enabling him to join, or to do any duty or training in, the Home Guard, refuses to give
such reasonable facilities shall be guilty of an offence and liable on conviction to a fine not
exceeding two thousand penalty units or to imprisonment for a term not exceeding six
months, or to both.
Employer's obligation
(2) Any employer, manager or person in charge of an employee who by words,
conduct or otherwise compels, induces or prevails upon such employee to refrain from
joining, or doing any service or training in, the Home Guard, shall be guilty of an offence
and liable on conviction to a fine not exceeding two thousand penalty units or to
imprisonment for a term not exceeding six months, or to both.
(As amended by Act No. 13 of 1994)
PART IX REGULATIONSPART IX
REGULATIONS
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30. (1) The Minister may, by statutory instrument, make regulations for the better
carrying out of the provisions of this Act and for the good administration and organisation
of the Home Guard.
Regulations
(2) Without prejudice to the generality of subsection (1), such regulations may make
provisions with respect to all or any of the following matters, that is to say:
(a) prescribing anything which under this Act may or is to be prescribed;
(b) the constitution, administration, powers, duties and functions of the Home
Guard;
(c) the recruitment and enlistment of persons into, and the discharge of
persons from, the Home Guard;
(d) the allowances to be paid to the members of the Home Guard;
(e) the calling out of the members of the Home Guard on service in accordance
with section nineteen;
(f) the training, including the manner in which notification of the places and
times appointed for training is to be given;
(g) the description, supply, use and disposal of arms, ammunition,
accoutrements, uniforms, emblems and badges of rank;
(h) requiring members of the Home Guard to report themselves from time to
time;
(i) the formation, maintenance, control and administration of units, sub-units,
branches and detachments of the Home Guard;
(j) the appointments which may be held by members of the Home Guard;
(k) the granting of certificates or other awards to the members of the Home
Guard who reach such standards of proficiency in training as may be
prescribed;
(l) the grant of medals and decorations to members of the Home Guard;
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(m) the preservation of property of the Government issued to the Home Guard
or any part thereof, the determining of responsibility for loss or damage
caused to such property and the recovery of compensation for such loss or
damage;
(n) generally for the good order and management of the Home Guard.
PART X APPLICATION OF THE DEFENCE ACT TO THE HOME GUARDPART X
APPLICATION OF THE DEFENCE ACT TO THE HOME GUARD
31. (1) Notwithstanding anything contained in the Defence Act, the provisions of
Parts I, II, III, V, VI, VII, VIII and XI of that Act shall apply to the Home Guard and to the
members of the Home Guard-
Application of the
Defence Act.
Cap. 106
(a) when the President has ordered the employment of the whole or any part of
the Home Guard under section nineteen; or
(b) when on duty pursuant to any other provisions of this Act.
(2) For the purpose of the application of the Defence Act to the Home Guard and to
the members thereof-
Cap. 106
(a) a guardsman shall be deemed a soldier of the Regular Force of the Army;
(b) an officer in the Home Guard shall be deemed an officer in the Regular
Force of the Army; and
(c) ranks of officers in the Home Guard shall correspond to such ranks of
officers in the Regular Force of the Army as the Minister may prescribe.
(3) Where there is a conflict, in relation to the Home Guard or members thereof,
between the provisions of this Act and the provisions of the Defence Act, the provisions of
this Act shall prevail.
Cap. 106
32. (Had its effect)
33. The Territorial Force constituted under the provisions of the Defence Act is
hereby dissolved and shall cease to exist as from the commencement of this Act.
Dissolution of the
Territorial Force.
Cap. 106
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SCHEDULE
(Sections 12 and 13)
THE HOME GUARD ACT
DECLARATION
I, ................................................................................................., *do swear by Almighty God/do solemnly and sincerely
declare and affirm that I will be faithful and bear true allegiance to the President of the Republic of Zambia, that during my
service with the Home Guard I will preserve, protect and defend the Constitution of Zambia, as by law established, and will
obey all lawful orders of the President and of all officers placed over me and will subject myself to all written law relating to
the Home Guard.
....................................................................................................
Signature or Thumbprint of the member
of the Home Guard
*Sworn or Declared and Affirmed at ............................................................................... this
...................................................... day of ........................................................ 19..........
Before me
....................................................................................
Commanding Officer, the Home Guard
*Delete whichever is inapplicable
