CHAPTER 20:23

ZAMBEZI RIVER AUTHORITY ACT

Acts 19/1987, 18/1989 (s.41), 12/1999.

ARRANGEMENT OF SECTIONS

Section

1. Short title.
3. Council of Ministers.
4. Zambezi River Authority.
5. Transfer of employees.
6. Transfer of assets, liabilities and obligations.
7. Submission of annual reports of Authority before Parliament.
8. Limitation of liability of Authority and its officers.
9. References to Higher Authority for Power and to Corporation in other enactments, etc.

SCHEDULE: Agreement Between the Republic of Zimbabwe and the Republic of Zambia Concerning the Utilization of the Zambezi River.

AN ACT to enable effect to be given to certain provisions of an inter-State agreement relating to the utilization of the Zambezi River concluded between the governments of the Republics of Zimbabwe and Zambia; and to provide for matters incidental to or connected with the foregoing.

[Date of commencement: 1st October, 1987.]

1    Short title

This Act may be cited as the Zambezi River Authority Act [Chapter 20:23].

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.

                       3    Council of Ministers

• Notwithstanding section ten, the Higher Authority for Power, which shall henceforth be known as the Council of Ministers, shall continue in existence.
• The composition, functions and procedure of the Council shall be as set out in Articles 4, 5 and 6 of the Agreement.

                       4    Zambezi River Authority

• 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.
• 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.

                       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.

                       6    Transfer of assets, liabilities and obligations

• 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.
• For the purposes of any transfer under this section—