The Laws of Zambia
(j)
contravenes or fails to comply with the provisions of subsection (1) or (3) of
section twenty-five subsection (1) of section twenty-six subsection (2) of
section twenty-eight, or a provision of regulations, orders or notices made
or issued under this Act or an order or direction made or given under the
provisions of this Act or of regulations, orders or notices made or issued
under this Act:
shall be guilty of an offence and liable;
(i)
for a contravention of subsection (1) of section twenty-five or
subsection (2) of section twenty-eightA. on first conviction, to a fine of fifteen thousand penalty units or to
imprisonment for a term not exceeding two years, or to both.
B. on the second or a subsequent conviction to a fine not exceeding
thirty seven thousand five hundred penalty units or to imprisonment
for a term not exceeding five years, or to both.
(ii)
for an offence not referred to in sub-paragraph (i)A. On first conviction, to a fine not exceeding one hundred and fifty
penalty units or to imprisonment for a period not exceeding one
month, or to both.
B. on the second or a subsequent conviction, to a fine not exceeding
five hundred penalty units or to imprisonment for a period not
exceeding three months, or to both.
(2) A court convicting a person of an offence of making a declaration or statement
such as is referred to in paragraph (b) of subsection (1) or making use of such a
declaration or statement or document containing the same may, on the application of the
prosecutor and in addition to any penalty which it may impose, give summary judgment in
favour of the Corporation for the amount of the appropriate licence fee or, as the case
may be, an amount equal to the difference between the fee actually paid by the person
and the appropriate licence fee.
(3) On the hearing of an application referred to in subsection (2) a court shall, for the
purpose of determining the amount of the appropriate licence fee and, in the case of a
prosecution for an offence referred to in paragraph (b) of that subsection, the accused's
liability to pay the same, refer to the proceedings and evidence of the trial and consider
such further evidence, whether oral or documentary, as may be tendered by the
prosecutor and the accused.
(4) A judgment given by a court in terms of subsection (2) shall have the same force
and effect and may be executed in the same manner as if the judgment had been given in
a civil action instituted in such court.
(As amended by Act No. 13 of 1994)
35. The Minister may by civil action in a competent court recover the amount of a
licence fee payable in terms of section twenty-five or twenty-six.
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Recovery of licence
fees