{
  "id": "zw-1987-19",
  "type": "statute",
  "title": "Zambezi River Authority Act",
  "title_en": "Zambezi River Authority Act",
  "short_name": "zw-1987-19",
  "status": "in_force",
  "issued_date": "1987-01-01",
  "in_force_date": "1987-01-01",
  "url": "https://zimlii.org/akn/zw/act/1987/19/eng@2016-12-31",
  "provisions": [
    {
      "provision_ref": "s1",
      "section": "1",
      "title": "Short title",
      "content": "1. Short title This Act may be cited as the Zambezi River Authority Act [Chapter 20:23] ."
    },
    {
      "provision_ref": "s2",
      "section": "2",
      "title": "Interpretation",
      "content": "2. Interpretation In this Act— “ Agreement ” means the agreement between the Republic of Zimbabwe and the Republic of Zambia relating to the utilization of the Zambezi River, which agreement is set out in the Schedule; “ assets ” includes rights of any description; “ Authority ” means the Zambezi River Authority referred to in section four; “ Corporation ” means the Central African Power Corporation constituted under section 36 of the Order in Council ; “ Council ” means the Council of Ministers referred to in section three; “ fixed date ” means the1st October, 1987; “ Higher Authority for Power ” means the Higher Authority for Power constituted under section 33 of the Order in Council ; “ Minister ” means the Minister of Transport and Energy or any other Minister to whom the President may, from time to time, assign the administration of this Act; “ National Electricity Undertakings ” means the Zimbabwe Electricity Supply Authority and the Zambia Electricity Supply Corporation , or any successor organizations thereto, and references to a National Electricity Undertaking shall be construed accordingly; “ obligations ” includes obligations of any description, whether statutory, contractual, delictual or otherwise; “ Order in Council ” means the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, of the United Kingdom; “ the two States ” means the Republics of Zimbabwe and Zambia, and references to a State shall be construed accordingly."
    },
    {
      "provision_ref": "s3",
      "section": "3",
      "title": "Council of Ministers",
      "content": "3. Council of Ministers (1) Notwithstanding section ten, the Higher Authority for Power , which shall henceforth be known as the Council of Ministers, shall continue in existence. (2) The composition, functions and procedure of the Council shall be as set out in Articles 4, 5 and 6 of the Agreement ."
    },
    {
      "provision_ref": "s4",
      "section": "4",
      "title": "Zambezi River Authority",
      "content": "4. Zambezi River Authority (1) Notwithstanding section ten, the Corporation , which shall henceforth be known as the Zambezi River Authority , shall continue in existence as a body corporate capable of suing and being sued in its corporate name and of doing all such things and performing all such acts as are necessary for or incidental to the carrying out of its functions under this Act as read with the Agreement . (2) The composition, functions, administration, financing. procedure, privileges and immunities of the Authority shall be as set out in Articles 7, 8, 9, 10, 11, 12, 13, 14, 15 and 17 of the Agreement ."
    },
    {
      "provision_ref": "s5",
      "section": "5",
      "title": "Transfer of employees",
      "content": "5. Transfer of employees The Authority shall transfer or take such steps as are appropriate to effect the transfer of its employees in accordance with, employees. and to such extent as will be necessary to give effect to, Article 29 of the Agreement and any directions given thereunder by the Council ."
    },
    {
      "provision_ref": "s6",
      "section": "6",
      "title": "Transfer of assets , liabilities and obligations",
      "content": "6. Transfer of assets , liabilities and obligations (1) The Authority shall transfer or take such steps as are appropriate to effect the transfer of its assets , liabilities and obligations in accordance with, and to such extent as will be necessary to give effect to, Article 30 of the Agreement and any agreement relating to the distribution of the assets , liabilities and obligations reached thereunder. (2) For the purposes of any transfer under this section— (a) all agreements, instruments and working arrangements giving rise or otherwise related to any asset, liability or obligation which subsisted immediately before the date of transfer shall, on and after that date, have effect and be enforceable as if references therein to the Corporation or the Authority , as the case may be, were references to the State or National Electricity Undertaking to which the asset, liability or obligation is transferred and, where the Authority , whether under its old or new name, was a party thereto, as if the State or National Electricity Undertaking concerned had been a party thereto instead of the Authority ; (b) any legal proceeding or cause of action connected with any transferred asset, liability or obligation which was pending or existing by or against the Authority , whether under its old or new name, immediately before the date of transfer shall be continued by or against the State or National Electricity Undertaking, as the case may be, to which the asset, liability or obligation is transferred as though the State or National Electricity Undertaking concerned were the Authority . (3) Where title to any immovable property or any right or obligation relating to such property is transferred to a State or National Electricity Undertaking in terms of this section, it shall not be necessary for the Registrar of Deeds to make any alterations or endorsements on title deeds or other documents in his registers in respect of such immovable property or any right or obligation relating to such property: Provided that whenever he is requested in writing to do so by the State or National Electricity Undertaking concerned, or by any other person having an interest in such property, or in a right or obligation relating thereto, he shall make the necessary alterations or endorsement at no cost to the State, National Electricity Undertaking or other person so requesting."
    },
    {
      "provision_ref": "s7",
      "section": "7",
      "title": "Submission of annual reports of Authority before Parliament",
      "content": "7. Submission of annual reports of Authority before Parliament The Minister shall lay a copy of each annual report of the Authority before Parliament within thirty days of his receipt thereof: Provided that, if by reason of the prorogation or dissolution of Parliament, the provisions of this section cannot be complied with within the stipulated time, the Minister shall lay the annual report before Parliament within thirty days of the date on which the Parliament first meets after the prorogation or dissolution."
    },
    {
      "provision_ref": "s8",
      "section": "8",
      "title": "Limitation of liability of Authority and its officials",
      "content": "8. Limitation of liability of Authority and its officials No action, whether civil or criminal, shall lie against the Authority , its Board members, employees or agents in respect of anything done in good faith and without negligence in accordance with the provisions of the Agreement or this Act: Provided that the protection from liability afforded by this section shall not have the effect of preventing any person from obtaining redress in a court of competent jurisdiction for any breach of contract."
    },
    {
      "provision_ref": "s9",
      "section": "9",
      "title": "References to Higher Authority for Power and for to Corporation in enactments etc.",
      "content": "9. References to Higher Authority for Power and for to Corporation in enactments etc. (1) On and after the fixed date , any reference to the Higher Authority for Power in any enactment or other legal document shall, where appropriate, be construed as a reference to the Council . (2) On and after the fixed date , any reference to the Central African Power Corporation in any enactment or other legal document shall, where appropriate, be construed as a reference to the Authority . Schedule (Section 2) Agreement between the Republic of Zimbabwe and the Republic of Zambia concerning the Utilization of the Zambezi River The Republic of Zimbabwe and the Republic of Zambia, desiring to obtain for the economic, industrial and social development of the two countries, the greatest possible benefit from the natural advantages offered by the waters of the Zambezi River and to improve and intensify the utilization of the waters for the production of energy and for any other purpose beneficial to the two countries, have decided, pursuant to the resolution of the Higher Authority for Power relative to the future operations of the Central African Power Corporation and the provisions of the Inter-Governmental Agreement of 14th February, 1986, to conclude the present Agreement. Article 1 For the purposes of this Agreement and unless the context otherwise requires, it shall be understood that:— “Authority” means the Zambezi River Authority referred to in Article 7; “Board” means the Board of Directors referred to in Article 8; “Contracting State” means the Republic of Zambia or the Republic of Zimbabwe and “State” shall be construed accordingly; “Council” means the Council of Ministers referred to in Article 4: “functions” includes powers and duties; “installations”, in relation to the Zambezi River, means those installations or civil engineering structures owned by the Authority; “Kariba Complex” means— (i) the Kariba Dam and reservoir; (ii) all telemetering stations relating to the Kariba Pam; (iii) any other installations owned by the Authority at Kariba; “National Electricity Undertakings” means the Zambia Electricity Supply Corporation Limited and the Zimbabwe Electricity Supply Authority or any successor national undertakings thereto; “resident”, in relation to either Contracting State, means any person who is permanently or ordinarily resident in that State; “Zambezi Scheme” means the Kariba Complex and any additional dams, reservoirs and installations that may be constructed or installed on the Zambezi River: “Zambezi River” means that part of the Zambezi River common to the borders of the two States; “ZESA” means the Zimbabwe Electricity Supply Authority; “ZESCO” means the Zambia Electricity Supply Corporation Limited. Article 2 1. The Contracting States agree that— (a) the Inter-Governmental Agreement dated the 25th of November, 1963, relating to the Central African Power Corporation; (b) the Inter-Governmental Agreement dated 14th February, 1986, relating to the re-establishment and reconstitution of the Central African Power Corporation; (c) the Memoranda of Understandings dated 30th November, 1977, and 18th July, 1985, respectively; shall, by virtue of this Article, terminate as from the date of the coming into operation of this Agreement. 2. Each Contracting State agrees to— (a) repeal Part III of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, in respect of its own territory; and (b) repeal the legislation specifically relating to the Central African Power Corporation and replace it with new legislation which is more suitable to the new arrangements specified in this Agreement; and (c) where necessary, amend any of its other existing laws to give full effect to the provisions of this Agreement. 3. The provisions of the new legislation referred to in sub-article 2 (b) shall be similar in effect and be in such terms as shall be agreed between the Contracting States. 4. Each Contracting State undertakes not to amend the legislation referred to in sub-article 2 (b) or any regulations made thereunder without the prior approval of the proposed amendments by the other Contracting State. Article 3 The Contracting States, recognizing that the operation and maintenance of the Zambezi Scheme is an economical and effective means of providing water for the generation of electric power and for other purposes which the Contracting States may decide upon, have accordingly agreed to utilize, operate and maintain the said Scheme. Article 4 1. The Contracting States undertake to ensure, through their respective laws referred to in paragraph (b) of sub-article 2 of Article 2, the continued existence of the Higher Authority for Power as the Council of Ministers. 2. ‘the Council shall consist of four members, two of whom shall be Ministers of the Government of the Republic of Zambia and two Ministers of the Government of the Republic of Zimbabwe designated by their respective Governments to be the members of the Council. 3. The Council shall in each calendar year elect a Chairman to preside over its meetings. The chairmanship shall be held alternately by a Minister of the Government of the Republic of Zambia and a Minister of the Government of the Republic of Zimbabwe. 4. The Council shall regulate its own procedure and shall meet for the transaction of its business at least once every twelve months at such places and at such times as it may decide. 5. No decision of the Council shall have effect unless it is unanimous. In the absence of such unanimity the matter shall be referred to the Governments of the Contracting States for resolution. 6. The four members of the Council shall form a quorum. 7. The Council shall appoint a person employed in the public service of either Contracting State as its Secretary. Article 5 The Council shall— (a) be responsible to the Contracting States for all matters of policy relating to the use of the Zambezi River and any installations thereon; (b) give such directions to the Authority as will ensure the most efficient use of the Zambezi River and its installations; (c) generally supervise the operations of the Authority, and may order any enquiries into the activities of the Authority; (d) consider and approve— (i) development plans of the Authority and the schedule of dates for payments relating thereto; (ii) the annual budget of the Authority; (iii) the appropriation of surplus funds of the Authority, if any; (iv) the raising and investment of funds by the Authority; (e) advise the Contracting States on any matter relating to the use of the Zambezi River and its installations; (f) carry out such other functions as are provided for in this Agreement or are incidental or conducive to the better performance of its functions under this Agreement. Article 6 1. The Council may make rules prescribing anything which, in the opinion of the Council, is necessary or convenient to be so prescribed for the better exercise of the functions of the Authority under this Agreement. 2. Rules made by the Council under this Article may provide for— (a) the manner in which the Authority shall perform any particular function conferred or imposed on it by this Agreement; (b) the manner in which the Authority shall manage its finances and in which its accounts shall be audited; (c) the terms and conditions of service of Board members; (d) the manner in which the Authority shall prepare reports for submission to the Council. Article 7 1. The Contracting States undertake to ensure, through their respective laws referred to in paragraph (b) of sub-article 2 of Article 2, the continued existence of the Central African Power Corporation as the Zambezi River Authority. 2. The Authority shall have juridical personality with capacity to contract, acquire and dispose of immovable and movable property, institute legal proceedings, and, subject to this Agreement, do or perform such other acts or things as a body corporate may by law do or perfo"
    }
  ],
  "definitions": [
    {
      "term": "Agreement",
      "definition": "Agreement ” means the agreement between the Republic of Zimbabwe and the Republic of Zambia relating to the utilization of the Zambezi River, which agreement is set out in the Schedule",
      "source_provision": "s2"
    },
    {
      "term": "assets",
      "definition": "assets ” includes rights of any description",
      "source_provision": "s2"
    },
    {
      "term": "Authority",
      "definition": "Authority ” means the Zambezi River Authority referred to in section four",
      "source_provision": "s2"
    },
    {
      "term": "Corporation",
      "definition": "Corporation ” means the Central African Power Corporation constituted under section 36 of the Order in Council",
      "source_provision": "s2"
    },
    {
      "term": "Council",
      "definition": "Council ” means the Council of Ministers referred to in section three",
      "source_provision": "s2"
    },
    {
      "term": "fixed date",
      "definition": "fixed date ” means the1st October, 1987",
      "source_provision": "s2"
    },
    {
      "term": "Higher Authority for Power",
      "definition": "Higher Authority for Power ” means the Higher Authority for Power constituted under section 33 of the Order in Council",
      "source_provision": "s2"
    },
    {
      "term": "Minister",
      "definition": "Minister ” means the Minister of Transport and Energy or any other Minister to whom the President may, from time to time, assign the administration of this Act",
      "source_provision": "s2"
    },
    {
      "term": "National Electricity Undertakings",
      "definition": "National Electricity Undertakings ” means the Zimbabwe Electricity Supply Authority and the Zambia Electricity Supply Corporation , or any successor organizations thereto, and references to a National Electricity Undertaking shall be construed accordingly",
      "source_provision": "s2"
    },
    {
      "term": "obligations",
      "definition": "obligations ” includes obligations of any description, whether statutory, contractual, delictual or otherwise",
      "source_provision": "s2"
    },
    {
      "term": "Order in Council",
      "definition": "Order in Council ” means the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, of the United Kingdom",
      "source_provision": "s2"
    }
  ]
}