NATIONAL PROSECUTION AUTHORITY ACT
Arrangement of Sections
Section
PART I
PRELIMINARY
1. Short title
2. Interpretation
PART II
THE NATIONAL PROSECUTION AUTHORITY
3. Establishment of National Prosecution Authority
4. Seal of Authority
5. Functions of Authority
6. Autonomy of Authority
7. Board of Authority
7A. Functions of Board
8. Functions of Director of Public Prosecutions
9. Chief State Advocate, Deputy Chief State Advocates, state advocates, prosecutors and other staff
10. Prosecutions on behalf of Authority
11. Disclosure of interest
12. Non-performance of other paid work
13. Prohibition of disclosure of information to unauthorised persons
14. Code of conduct
PART III
THE WITNESS MANAGEMENT FUND
15. Establishment of Fund
16. Administration and management of Fund
17. Application of Fund
18. Financial year
19. Statement of income and expenditure
PART IV
GENERAL PROVISIONS
20. General offences
21. Regulations
22. Savings and transitional provisions
AN ACT
to establish the National Prosecution Authority and provide for its powers and functions; provide a framework for the effective administration of criminal justice; establish the Witness Management Fund; and provide for matters connected with, or incidental to, the foregoing.
[10th December, 2010]
Act 34 of 2010,
Act 7 of 2023,
SI 104 of 2010.
PART I
PRELIMINARY
This Act may be cited as the National Prosecution Authority Act.
In this Act, unless the context otherwise requires—
“Authority” means the National Prosecution Authority established under section 3;
“Board” means the Board of the Authority constituted under section 7;
“Director of Public Prosecutions” means the person appointed as such under the Constitution;
“Emoluments Commission” means the Emoluments Commission established under the Constitution;
[“Emoluments Commission” ins by s 2(b) of Act 7 of 2023.]
“Fund” means the Witness Management Fund established under section 15;
“Legal Aid Board” means the Legal Aid Board established under the Legal Aid Act;
[“Legal Aid Board” ins by s 2(b) of Act 7 of 2023.]
“legally disqualified” means the absence of legal capacity as provided under section 4 of the Mental Health Act;
[“legally disqualified” ins by s 2(b) of Act 7 of 2023.]
“member” means a person appointed as a member of the Board under section 7;
“prosecutor” means a person appointed as such under section 10;
“Secretary” means a person appointed as Secretary under section 7;
[“Secretary” subs by s 2(a) of Act 7 of 2023.]
“superior court” has the meaning assigned to the words in the Constitution;
[“superior court” ins by s 2(b) of Act 7 of 2023.]
“Zambia Institute of Chartered Accountants” means the Zambia Institute of Chartered Accountants established under the Accountants Act; and
[“Zambia Institute of Chartered Accountants” ins by s 2(b) of Act 7 of 2023.]
“Zambia Institute of Human Resource Management” means the Zambia Institute of Human Resource Management established under the Zambia Institute of Human Resource Management Act.
[“Zambia Institute of Human Resource Management” ins by s 2(b) of Act 7 of 2023.]
PART II
THE NATIONAL PROSECUTION AUTHORITY
3. Establishment of National Prosecution Authority
(1) There is hereby established the National Prosecution Authority which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power, subject to this Act, to do all such things as a body corporate may, by law, do or perform.
(2) The provisions of the State Proceedings Act shall apply to civil proceedings by, or against, the Authority as if, for a reference to the State there were substituted a reference to the Authority.
(3) The First Schedule applies to the Authority.
(1) The seal of the Authority shall be such device as may be determined by the Board and shall be kept by the Secretary.
(2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson or any other person authorised in that behalf by a resolution of the Board.
(3) Any contract or instrument which, if entered into or executed by a person not being a body corporate would not be required to be under seal, may be entered into or executed without seal on behalf of the Authority by the Chairperson or any other person generally or specifically authorised by the Authority in that behalf.
(4) Any document purporting to be a document under the seal of the Authority or issued on behalf of the Authority shall be received in evidence and shall be deemed to be so executed or issued, as the case may be, without further proof, unless the contrary is proved.
The functions of the Authority are to—
(a) appoint state advocates and prosecutors and promote appropriate standards of practice by state advocates and prosecutors in criminal prosecution;
(b) develop, promote and enforce internationally comparable practice standards for prosecutors;
(c) promote the integrity and enhance the status of state advocates and prosecutors so as to promote honourable and good practice and increase the confidence of the public in state advocates and prosecutors;
(d) promote an understanding of professional ethics amongst the prosecutors and ensure that the rules and guidelines for professional ethics are responsive to the effective administration of criminal justice;
(e) implement an effective prosecution mechanism so as to maintain the rule of law and contribute to fair and equitable criminal justice and the effective protection of citizens against crime;
(f) conduct research into the various disciplines of law so as to study the role that the prosecution mechanism should play in establishing effective rule of law and human rights and to bring the law in line with the developments and best practices of other countries;
(g) co-operate with the police, the courts, the legal profession and other Government agencies or institutions so as to ensure the fairness and effectiveness of prosecutions; and
(h) do all such other things as are necessary or incidental to the performance of its functions under this Act.
Except as otherwise provided in this Act, the Authority shall not, in the performance of its functions, be subject to the direction or control of any person or authority, other than the Director of Public Prosecutions.
(1) There is constituted the Board of the Authority consisting of the following part-time members appointed by the Minister—
(a) the Chairperson;
(b) a representative of the ministry responsible for home affairs;
(c) a representative of the Attorney-General;
(d) a representative of the Legal Aid Board;
(e) a representative of the Zambia Institute of Human Resource Management;
(f) a representative of the Zambia Institute of Chartered Accountants;
(g) a representative of a civil society organisation that provides legal aid services;
(h) two persons with relevant knowledge and experience in prosecutorial matters; and
(i) the Director of Public Prosecutions, as an ex-officio member.
(2) A person qualifies for appointment as Chairperson if that person has held, or is qualified to hold, the office of a judge of the superior court.
(3) The members under sub-section (1)(b), (c), (d), (e), (f) and (g) shall be nominated by their respective ministries, organisations or institutions for appointment by the Minister.
(4) The members of the Board shall elect the Vice-Chairperson from among themselves.
(5) A person shall not be nominated or appointed as a member of the Board if that person is—
(a) not a citizen of the Republic;
(b) legally disqualified from performing the functions of a member;
(c) an undischarged bankrupt;
(d) convicted of an offence under any other written law and sentenced to imprisonment for a term exceeding six months without the option of a fine; or
(e) convicted of an offence involving fraud or dishonesty under any written law.
(6) The Board shall appoint a Secretary who shall perform corporate secretarial duties for the Board and other functions that the Board may determine, under the direction of the Director of Public Prosecutions.
(7) The First Schedule applies to the Board.
[S 7 subs by s 3 of Act 7 of 2023.]
(1) Subject to the other provisions of this Act, the Board shall provide policy direction to the Authority.
(2) Despite the generality of sub-section (1), the functions of the Board are to—
(a) approve the policies of the Authority;
(b) approve the annual work plan, action plans and activity reports of the Authority;
(c) approve the annual budget estimates and financial statements of the Authority; and
(d) promote effective corporate governance of the Authority.
(3) The Board shall not perform the functions of the Director of Public Prosecutions specified in the Constitution and in this Act.
[S 7A ins by s 4 of Act 7 of 2023.]
8. Functions of Director of Public Prosecutions
(1) Subject to the Constitution, the Director of Public Prosecutions shall have authority over the exercising of all the powers and the performance of all the duties and functions conferred upon, imposed on or assigned to, prosecutors by this Act or under any other law.
(2) Notwithstanding the generality of sub-section (1), the functions of the Director of Public Prosecutions are to—
(a) institute and undertake criminal proceedings against any person before any court, other than a court martial, in respect of any offence alleged to have been committed by that person;
(b) take over and continue any such criminal proceedings as may have been instituted or undertaken by any other person or authority; and
(c) discontinue, at any stage before judgment is delivered, any criminal proceedings instituted or undertaken by the Director of Public Prosecutions or any other person or authority;
(d) set the qualification for the appointment of prosecutors;
(e) advise prosecutors on all matters relating to criminal offences;
(f) review a decision to prosecute, or not to prosecute, any criminal offence;
(g) advise the Minister on all matters relating to the administration of criminal justice;
(h) liaise with the Chief State Advocate, the Deputy Chief State Advocates, the prosecutors, the legal profession and legal institutions in order to foster common practices and to promote co-operation in the handling of complaints in respect of the Authority;
(i) assist the Deputy Chief State Advocates and prosecutors in achieving the effective and fair administration of criminal justice;
(j) liaise with and assist the Attorney-General in matters of extradition and mutual legal assistance in criminal matters; and
(k) appoint such experts as are necessary to assist the Director of Public Prosecutions carry out any functions under this Act.
(3) Where, by any written law, the sanction, fiat or written consent of the Director of Public Prosecutions is necessary for the commencement or continuance of the prosecution of any offence, the Director of Public Prosecutions may order, in writing, that all or any of the powers vested in the Director of Public Prosecutions to issue the sanction, fiat or written consent may be exercised by the Chief State Advocate or a Deputy Chief State Advocate, and the exercise of these powers by the Chief State Advocate or Deputy Chief State Advocate—
(a) shall be limited only to such offences as the Director of Public Prosecutions may specify; and
(b) shall operate as if the powers had been exercised by the Director of Public Prosecutions.
(4) Where the Director of Public Prosecutions or the Chief State Advocate considers it in the interest of the administration of justice that an offence committed as a whole or partially within the area of jurisdiction of one Deputy Chief State Advocate be investigated and tried within the area of jurisdiction of another Deputy Chief State Advocate, the Director of Public Prosecutions or Chief State Advocate may, in writing, direct that the investigation and criminal proceedings in respect of such offence be conducted and commenced within the area of jurisdiction of such other Deputy Chief State Advocate.
(5) The Director of Public Prosecutions may direct the submission of and receive reports or interim reports from a Deputy Chief State Advocate in respect of a case, a matter, a prosecution or a prosecution process.
9. Chief State Advocate, Deputy Chief State Advocates, state advocates, prosecutors and other staff
(1) The Board shall, on such terms and conditions as it may determine, appoint a Chief State Advocate, Deputy Chief State Advocates, State Advocates and other staff of the Authority.
(2) A Deputy Chief State Advocate shall be responsible for supervising the operations of the Authority in a province.
(3) Subject to the provisions of the Constitution and this Act, a Deputy Chief State Advocate shall, subject to the control and direction of the Director of Public Prosecutions, exercise the functions referred to in section 5 in respect of—
(a) the area of jurisdiction for which the Deputy Chief State Advocate is appointed; and
(b) any offences which have not been expressly transferred from the Deputy Chief State Advocate’s jurisdiction, either generally or in a specific case, by the Director of Public Prosecutions.
(4) The Chief State Advocate, Deputy Chief State Advocates, State Advocates, prosecutors and other staff of the Authority shall, on appointment, take an oath or affirmation as the Minister may, by statutory instrument, prescribe.
10. Prosecutions on behalf of Authority
(1) The Director of Public Prosecutions may, by Gazette notice, appoint a person as a prosecutor for purposes of this Act and the Criminal Procedure Code.
(2) A prosecutor appointed under sub-section (1) shall be competent to exercise any of the functions referred to in section 5 to the extent that the prosecutor has been authorised thereto, in writing, by the Director of Public Prosecutions, or by a person designated by the Director of Public Prosecutions.
(3) A written authorisation referred to in sub-section (2) shall set out—
(a) the area of jurisdiction;
(b) the offences; and
(c) the court;
in respect of which such powers may be exercised.
(4) The Director of Public Prosecutions may, at any stage of the criminal proceeding, give to the Chief State Advocate, a Deputy Chief State Advocate, a state advocate or a prosecutor such general or specific directions with respect to the performance of their functions, as the Director of Public Prosecutions considers necessary and the Chief State Advocate, Deputy Chief State Advocate, State Advocate and prosecutor shall give effect to such directions.
(5) A prosecutor who has been suspended from the prosecutor’s office under this Act or any other law, shall not be competent to exercise any of the functions referred to in section 5 for the duration of such suspension.
(6) In the performance of a prosecutor’s duties, a prosecutor shall—
(a) carry out the prosecutor’s functions impartially and avoid all political, social, religious, racial, cultural, sexual or any other kind of discrimination;
(b) protect the public interest, act with objectivity, take proper account of the position of the suspect and the victim, and pay attention to all relevant circumstances, irrespective of whether they are to the advantage or disadvantage of the suspect;
(c) keep matters in the possession of the prosecutor confidential, unless the performance of a duty or the needs of justice require otherwise; and
(d) consider the views and concerns of a victim where the victim’s interests are affected and ensure that the victim is informed of the rights.
(7) A prosecutor shall, in order to ensure the fairness and effectiveness of prosecution, co-operate with the police, the courts, the legal profession, public defenders and other government agencies or institutions.
(1) If a member or any person is present at a meeting of the Authority or any committee of the Authority at which any matter is the subject of consideration and in which matter the member or that person or the member’s or that person’s spouse is directly or indirectly interested, in a private capacity, the member or person shall, as soon as is practicable after the commencement of the meeting, declare such interest and shall not, unless the Authority or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question touching that matter.
(2) A declaration of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made.
(3) Any person who contravenes sub-section (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.
12. Non-performance of other paid work
The Chief State Advocate, Deputy Chief State Advocates and other state advocates shall not while holding office of Chief State Advocate, Deputy Chief State Advocate and state advocate, hold or discharge the duties of any other office of emolument in the Republic.
13. Prohibition of disclosure of information to unauthorised persons
(1) A person shall not, without the consent in writing given by, or on behalf of, the Authority, publish or disclose to any person otherwise than in the course of duties, the contents of any document, communication or information which relates to, and which has come to that person’s knowledge in the course of that person’s duties under this Act.
(2) Any person who contravenes sub-section (1) commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.
(3) A person who, having any information which to the knowledge of that person has been published or disclosed in contravention of sub-section (1), unlawfully publishes or communicates the information to any other person, commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.
(1) The Director of Public Prosecutions shall, in consultation with the Minister and after consultation with the Chief State Advocate and Deputy Chief State Advocates, adopt a code of conduct which shall bind the Chief State Advocate, Deputy Chief State Advocates, State Advocates and the prosecutors.
(2) The code of conduct shall be published in the Gazette for general information.
PART III
THE WITNESS MANAGEMENT FUND
(1) There is hereby established the Witness Management Fund.
(2) The Fund shall consist of—
(a) such money as Parliament may appropriate for the purpose of the Fund;
(b) voluntary contributions to the Fund from any person or organisation;
(c) any grants mobilised from any source within or outside Zambia for the purpose of witness management; and
(d) interest arising out of any investment of the Fund.
16. Administration and management of Fund
The Fund shall be vested in the Minister responsible for finance and shall be managed and administered by the Board.
The Fund shall be used for—
(a) the ferrying of witnesses to and from court;
(b) the counselling of witnesses before testifying in any matter before court; and
(c) any other matter relating to witness management.
The financial year of the Fund shall be the period of 12 months ending on 31st December in each year.
19. Statement of income and expenditure
(1) The Authority shall cause to be prepared proper books of accounts and other records relating to the Fund.
(2) The Minister responsible for finance shall cause to be prepared an annual statement of the income and expenditure of the Fund to be laid before the National Assembly.
PART IV
GENERAL PROVISIONS
A person who—
(a) delays or obstructs the Director of Public Prosecutions, a Chief State Advocate, a Deputy Chief State Advocate, a State Advocate, a prosecutor or any other staff of the Authority in the performance of their functions under this Act;
(b) refuses to give the Director of Public Prosecutions, a Chief State Advocate, a Deputy Chief State Advocate, a State Advocate, a prosecutor or any other staff of the Authority such reasonable assistance as the officer may require for the purpose of exercising their functions; or
(c) knowingly gives the Director of Public Prosecutions, a Chief State Advocate, a Deputy Chief State Advocate, a state advocate, a prosecutor or any other staff of the Authority false or misleading information in answer to an inquiry made by the officer;
commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.
(1) The Minister may, by statutory instrument, after consultation with the Authority, make regulations for giving effect to the purposes and provisions of this Act.
(2) Without prejudice to the generality of sub-section (1), the regulations made under that sub-section may make provision for—
(a) the procedures to be followed in respect of the prosecution of criminal cases;
(b) a mechanism for monitoring and supervising prosecutors;
(c) the steps to be taken to ensure compliance with the code of conduct;
(d) the general management and maintenance of the Fund; and
(e) any other matter which is relevant to give effect to the provisions of this Act.
22. Savings and transitional provisions
The Second Schedule applies in relation to the savings and transitional provisions.
FIRST SCHEDULE
[Section 3]
PART I
ADMINISTRATION OF AUTHORITY
[First Sch Part I subs by s 5 of Act 7 of 2023.]
1. Tenure of office and vacancy of member
(1) A member shall, subject to the other provisions of this Act, hold office for a term of three years and may be reappointed for a further and final term of three years.
(2) A member shall, on the expiration of the period for which that member is appointed, continue to hold office until a successor is appointed, but in no case shall the further period exceed three months.
(3) The office of a member becomes vacant if that member—
(a) dies;
(b) is adjudged bankrupt;
(c) is absent from three consecutive meetings of the Board of which the member has had notice, without the prior approval of the Board;
(d) resigns, on giving one month’s notice, in writing, to the Minister;
(e) is legally disqualified from performing the functions of a member;
(f) ceases to be a member of the ministry, institution or organisation which nominated the member; or
(g) is convicted of an offence under any other written law and sentenced to imprisonment for a term exceeding six months without the option of a fine.
(4) The Minister shall, where the office of a member becomes vacant before the expiry of the term of office, appoint another member in place of that member, but that member shall hold office as a member only for the unexpired part of the term of the Board.
2. Proceedings of Board
(1) Subject to the provisions of this Act, the Board may regulate its own procedure.
(2) The Board shall meet for the transaction of business at least once in every three months at a place and time that the Chairperson may determine.
(3) The Chairperson shall, on giving notice of not less than seven days, call for a meeting of the Board, or where one third or more of the members so request, in writing, except that if the urgency of a particular matter does not permit the giving of a notice, a special meeting may be called on giving a shorter notice.
(4) Five members shall form a quorum at a meeting of the Board.
(5) There shall preside at a meeting of the Board—
(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson; or
(c) in the absence of the Chairperson and the Vice-Chairperson, a member that the members present may elect from among themselves for the purpose of that meeting.
(6) A decision of the Board on any question shall be by a majority of votes of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote, in addition to that person’s deliberative vote.
(7) A member may, where the member is for any reason unable to attend a meeting of the Board, nominate another person, in writing, from the same ministry, institution or organisation to attend a meeting of the Board in that member’s stead and that person shall be deemed to be a member for the purpose of that meeting.
(8) The Board may invite a person whose presence is, in its opinion, desirable to attend and participate in the deliberations of the meeting but that person shall have no vote.
(9) The Board shall cause to be kept minutes of the proceedings of every meeting of the Board and any committee established by the Board.
3. Committees of Board
(1) The Board may, for the purpose of performing its functions under this Act, constitute a committee and delegate any of its functions to the committee as it considers necessary.
(2) The Board may appoint, as members of a committee, persons who are or are not members of the Board, except that at least one member of the Board shall be a member of a committee.
(3) A committee shall have the power to invite any person whose presence is, in its opinion, desirable to attend and participate in the deliberations of the meeting of the committee but that person shall have no vote.
(4) A member of a committee shall hold office for a period that the Board may determine.
(5) Subject to any specific or general direction of the Board, a committee constituted under this section may regulate its own procedure.
4. Disclosure of interest
(1) A person who is present at a meeting of the Board or a committee of the Board at which any matter is the subject of consideration, and in which matter that person or that person’s relative or associate is directly or indirectly interested in a private capacity, shall, as soon as practicable after the commencement of the meeting, declare the interest and shall not, unless the Board or the committee otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter.
(2) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which the disclosure is made.
5. Allowances
A member of the Board or any committee of the Board shall be paid allowances that the Emoluments Commission may, on the recommendation of the Minister, determine.
6. Immunity
An action or other proceedings shall not lie or be instituted against a member of the Board, a member of a committee of the Board or a member of staff of the Authority, for or, in respect of an act or thing done or omitted to be done in good faith in the exercise or performance of any of the powers, functions or duties conferred under this Act.
PART II
FINANCIAL PROVISIONS
7. Funds of Authority
(1) The funds of the Authority shall consist of such money as may—
(a) be appropriated to the Authority by Parliament for the purposes of the Authority;
(b) be paid to the Authority by way of grants or donations; and
(c) otherwise vest in or accrue to the Authority.
(2) The Authority may, subject to the approval of the Minister—
(a) accept money by way of grants or donations from any source within or outside Zambia; and
(b) raise by way of loans or otherwise, such money as it may require for the discharge of its functions.
(3) There shall be paid from the funds of the Authority—
(a) the salaries, allowances, pensions and loans of the members of staff of the Authority;
(b) such reasonable travelling and other allowances for the members and the members of any committee when engaged on the business of the Authority, at such rates as the Board may determine; and
(c) any other expenses incurred by the Authority in the performance of its functions under this Act.
(4) The Board may invest in such manner as it considers appropriate such funds of the Authority which it does not immediately require for the performance of its functions.
8. Financial year
The financial year of the Authority shall be a period of 12 months ending on 31st December in each year.
9. Accounts
(1) The Authority shall cause to be kept proper books of account and other records relating to its accounts.
(2) The accounts of the Authority shall be audited annually by the Auditor-General or an auditor appointed by the Auditor-General.
(3) The Auditor-General’s fees shall be paid by the Authority.
10. Annual report
(1) As soon as practicable, but not later than 90 days after the end of the financial year, the Authority shall submit to the Minister a report concerning its activities during the financial year.
(2) The report referred to in sub-paragraph (1) shall include information on the financial affairs of the Authority and there shall be appended to the report—
(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require.
(3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in sub-paragraph (1), lay the report before the National Assembly.
SECOND SCHEDULE
[Section 22]
SAVINGS AND TRANSITIONAL PROVISIONS
1. Definition of Department
In this Schedule “Department” means the Directorate of Public Prosecutions.
2. Staff of Department
(1) For the avoidance of doubt, a person who, before the commencement of this Act, was an officer or employee of the Department, shall continue to be an officer or employee of the Authority, as the case may be, as if appointed or employed under this Act.
(2) The service of the persons referred to in sub-paragraph (1) shall be treated as continuous service.
(3) Nothing in this Act, affects the rights and liabilities of any person employed or appointed by the Department before the appointed date.
3. Public prosecutor
A person appointed as a public prosecutor before the commencement of this Act shall, after the commencement of this Act, continue to perform the functions of a public prosecutor, as if appointed under this Act:
Provided that the Board may, at any time, revoke the appointment of a public prosecutor.
4. Transfer of assets and liabilities
(1) On or after the commencement of this Act, there shall be transferred to, vest in and subsist against the Authority by virtue of this Act and without further assurance—
(a) the affairs of the Department; and
(b) subject to this Act, all property, rights and obligations which immediately before the appointed date were the property, rights and obligations of the Department.
(2) Except as provided in this Act, every deed, bond and agreement, other than an agreement for personnel service, to which the Government was a party immediately before the appointed date, whether or not of such a nature that rights, liabilities and obligations could be assigned, shall, unless its subject matter or terms make it impossible that it should have effect as modified, as provided under this paragraph, have effect as if—
(a) the Authority had been party to it;
(b) for any reference to the Government there was substituted, with respect to anything falling to be done on or after the commencement of this Act, a reference to the Authority; or
(c) for any reference to any officer of the Department, not being a party to it and beneficially interested, there were substituted, as respects anything falling to be done on or after the appointed date, a reference to such officer of the Authority as the Authority shall designate.
(3) Where under this Act, any assets, rights, liabilities and obligations of the Government are deemed to be transferred to the Authority in respect of which transfer a written law provides for registration, the Authority shall make an application in writing to the appropriate registration authority for registration of the transfer.
(4) The registration authority, referred to in sub-paragraph (3), shall make such entries in the appropriate register as shall give effect to the transfer and, where applicable, issue to the transferee concerned a certificate of title in respect of the property or make necessary amendments to the register and shall endorse the deeds relating to the title, right or obligation concerned and no registration fees or other duties shall be payable in respect of the transaction.
5. Legal proceedings
(1) Any legal proceedings or application of the Government pending immediately before the appointed date by or against the Government may be continued by or against the Authority.
(2) After the appointed date, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Government, may be instituted by or against the Authority.