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40. Agreement relating to the Central African power corporation signed at Salisbury, 25 November 196374

(74Southern Rhodesia Government Gazette (Extraordinary), vol. 41, No. 51 (26 November 1963), p. 1.)

WHEREAS the Government of Southern Rhodesia and the Government of Northern Rhodesia desire that the integrated system for the control of the generation of electric power and its transmission in the Territories of the said Governments, which is at present the responsibility of the Federal Power Board, should continue to be operated and fully developed as a single system under the joint ownership or control of the said Governments

IT IS HEREBY AGREED:

1. A new Corporation will be constituted, to be called the Central African Power Corporation, hereinafter called the Corporation, in which will be vested the assets and liabilities of the Federal Power Board and which will be responsible, on behalf of the two Governments, for the operation and development of the system. The Corporation will be composed of a Chairman and save as is hereafter provided in this Article, six other members. The first Chairman will be appointed by the Governments of Southern and Northern Rhodesia in agreement. Subsequent Chairmen will be appointed by the Higher Authority referred to in Article 2 below. Each Government will appoint three of the other members. Each Government, before making an appointment to the Corporation, will consult with the other Government and with the Chairman, with a view to securing that the Corporation is composed of persons with diverse technical, professional or administrative qualifications. In view of undertakings given by the Federal Government, the two Governments also agree that so long as there remains outstanding any part of the loan made in 1956 by the Colonial (now Commonwealth) Development Corporation to the Federal Power Board (the liability for which is to be transferred to the Central African Power Corporation), they will secure the appointment by the Higher Authority as a further member of the Corporation of a person acceptable both to the Commonwealth Development Corporation and to the Higher Authority. The Corporation will be charged with the duty of conducting their business on sound commercial lines.

2. A Higher Authority for Power, in this Agreement called the Higher Authority, will be constituted composed of two Ministers appointed by each of the two Governments, to exercise functions on their behalf in respect of the Central African Power Corporation. No decision of the Higher Authority will have effect unless it is unanimous.

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4. (a) They undertake jointly to assist the Corporation to carry out Stage II of the Kariba project progressively and in pace with the growth of the demand for power from the Corporation, and to give a proper place to this in the economic development programmes of their respective Territories.

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11. The Corporation will be exempt from the payment in either Territory of:

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(iii) rates levied on the use of the waters of Lake Kariba.

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17. They undertake to keep each other and the Corporation informed of proposals approved by them for the abstraction of water from Lake Kariba or the impounding or abstraction of water from its sources for irrigation or other purposes, to notify each other and the Corporation of any such proposals for the impounding or abstraction of large quantities of such water before they approve such proposals; and to consult with each other and the Corporation, if so requested by the Corporation, in regard to any problems arising from the abstraction of water from Lake Kariba or the impounding or abstraction of water from its sources.

18. The Corporation will have power, subject to any direction by the Higher Authority, to regulate the level of the water in Lake Kariba, in the interests of the operation of the installations and of the safety of the dam, having regard to the interests of the inhabitants of the shores of the Lake and of the banks of the River Zambezi below the dam.

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