| LEGAL  |

FUNCTIONS /MANDATE OF THE LEGAL DEPARTMENT

The Legal Department is mandated to deal with all matters that have legal implications in the Agency. It also provides support services to other departments and units in so far as matters of law are concerned.

Its key objective is to provide efficient and professional legal services and ensure that all FRA activities comply with the Food Reserve Act, Chapter 225 of the Laws of Zambia and the law in general.

The Food Reserve Agency was established under section 3 of the Act.

 

STAFFING LEVELS

The Legal Department comprises of the following staff;

  1. Legal Counsel / Agency Secretary
  2. Assistant Legal Counsel
  3. Legal Officer
  4. Legal Secretary
  5. Legal Assistant
  6. Leasing Officer
  7. Legal Clerk

 

AREAS OF OPERATIONS

The key areas of operations include;

  1. Litigation
  2. Debt Collection
  3. Estates
  4. Commercial Contracts

 

BOARD SECRETARIAT

The Legal Department also has a mandate to provide efficient and timely Secretarial and legal advisory services to the Board to ensure that the proceedings of the Agency and all matters related thereto, conform with the law.

 

SALE OF PROPERTIES

 The Agency has so far sold ten (10) properties through the debt collection exercise under the Legal Department.  This process is ongoing and adverts for sale of the properties can be viewed on this website.

 

UPDATE ON THE TITLE DEEDS EXERCISE

 Background

The Government, through Statutory Instrument No. 145 of 1996 transferred a number of properties to the Agency for its operations. Most of these properties, especially the sheds are held under customary tenure. Government, through the Board has instructed the Management to commence the process of converting the said properties from customary to leasehold tenure. The following is the progress to date:

  • The Agency has so far conducted boundary verifications and preparation of site plans for 5 provinces; namely Eastern, Southern, Central, Luapula and Northern Provinces.
  • We have since uplifted a total number of four (4) Certificate of Titles for Sheds in Nyimba and Lundazi Districts of Eastern Province.
  • We have also obtained two (2) Invitations to Treat from Ministry of Lands for two (2) more sheds in Lundazi District.

 

SECURITY UNIT

The Security Unit falls under the Legal Department. The mandate of the unit is to competently manage, develop and oversee all aspects of Agency Security and investigate all commissions / attempts of fraud, theft, sabotage, vandalism and any other occurrences where the Agency is likely to suffer loss/ detriment.

 

LEASED IN AND LEASED OUT STORAGE FACILITIES AND OFFICES

The Agency leases out storage facilities and office space on an availability basis and leases in storage facilities and office space when the need arises.

 

SPECIFICATIONS FOR LEASED IN STORAGE FACILITIES

 

Storage Capacity

The capacity for the leased in facilities depend on the location. The Agency will from time to time advise on the square meters.

 

Type of Storage Facility

The facilities can either be Sheds or Silos with concrete floor, good ventilation, well secured doors, good lighting with proper access roads for ease of loading and off-loading stocks. It should also have adequate ablution facilities for both security personal and other staff who are stationed at the facility

 

Rental Charges

FRA guiding rates shall depend on the current market rates per location of the facility. The recommended rates are inclusive of Withholding Tax.

 

Duration of Lease

The facilities must be available for lease for a minimum period of one year.

 

Method of Application

Organization or landlords normally submit written offers.

 

 LEASED OUT STORAGE SHED / OFFICES

The Agency from time to time leases out office space and storage sheds that are not in use.

 

CONVICTIONS/ACQUITALS

Food Reserve Agency has actively pursued criminal matters with vigilance and has so far procured 8 convictions in 2016, and 8 convictions in 2017 bringing a total of convictions to 16.

 

CONTRACTS

The Food Reserve Agency (FRA) is established under the Food Reserve Agency Act, Chapter 225 of the Laws of Zambia (the Act). It is a body corporate capable of suing and being sued and has perpetual capable succession. FRA therefore, is a legal person and has the legal capacity to enter into contracts with another person. FRA further derives its authority to enter into contracts from section 4(5) which provides that FRA may enter into a contract with any person for the purpose of performing any of its functions under the Act.

FRA in managing and handling its contracts complies with the Constitution of Zambia, the Public Procurement Act and all other relevant laws.

 

JUDGMENTS

A former employee sued FRA in the Industrial Relations Court claiming: –

  1. For an order that he was in permanent employment
  2. For an order to compel FRA to pay him
  3. Housing allowance
  4. Transport allowance
  5. Education allowance
  6. Gratuity

 

On 29th June 2016, the Industrial Relations Court delivered its judgment dismissing the above claims stating that the said employee’s contract of employment and the Employment Act did not support his contentions and that the matter was therefore, dismissed.

 

FOOD RESERVE AGENCY TRADE MARK

The Food Reserve Agency is a registered Trade Mark and was duly registered and published in the Zambia Patent and Trade Marks Journal of 25th October 2013 issued by the Patents and Companies Registration Agency (PACRA).

A Trade Mark is a symbol, logo, word or words legally registered as representing a company or product to distinguish its products from those of others. The main purpose of a Trade Mark is to designate the source of goods or services. Having registered the FRA logo with PACRA, FRA is entitled to damages for any infringement or unlawful use of the Trade Mark e.g. printed on empty grain bags.