ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION ACT: SUBSIDIARY LEGISLATION (CHAPTER 49)

"accreditation" means the process of evaluation and certification of the competence of a legal education institution to ensure that it meets the training standards determined by the Accreditation Committee;

"Accreditation Committee" has the meaning assigned to it in the Act;

"Council" has the meaning assigned to it in the Act;

"Institute" means the Zambia Institute of Advanced Legal Education;

"legal education or training" means an education or training programme whose objective is to impart knowledge or skills in the area of law;

"legal education institution" means an institution that offers legal education or training;

"practitioner" has the meaning assigned to it in the Legal Practitioners Act; and

"Secretary" means the Secretary to the Council of the Institute.

3. Application

These Regulations apply to an institution that is authorised under the Act or any other written law to offer legal education or training.

PART II
ACCREDITATION OF LEGAL EDUCATION INSTITUTIONS

4. Establishment of sub-committees

The Accreditation Committee may establish such sub-committees or appoint such experts as it considers necessary for undertaking any of its functions under these Regulations.

5. Application for accreditation

(1) A legal education institution shall apply for accreditation in Form I set out in the First Schedule.

(2) The Accreditation Committee may request for further information from an applicant, where the information provided by an applicant is not sufficient.

(3) The Accreditation Committee shall reject an application for accreditation if the applicant fails to comply with the requirements set out in these Regulations.

(4) The Accreditation Committee shall, where it rejects an application for accreditation, inform the applicant of its decision within seven days of the decision in Form II set out in the First Schedule.

6. Evaluation of programme

(1) The Accreditation Committee shall, within 60 days from the date of receipt of an application for accreditation, evaluate the programme submitted with the application.

(2) The Accreditation Committee may—

(a) engage the services of an independent evaluator to undertake the evaluation process on its behalf; or

(b) evaluate the programme of a legal education institution under any other written law for the purposes of the accreditation process.

(3) A member of the Council or Accreditation Committee who is a dean of a legal education institution, a member of staff of a faculty of a legal education institution or is otherwise connected to or interested in the affairs of the legal education institution that is the subject of an application for accreditation, shall not participate in the evaluation of the application for accreditation relating to that legal education institution.

7. Re-evaluation of rejected application

An applicant whose application for accreditation is rejected under regulation 5 may, within 90 days of the rejection, resubmit the application for reevaluation by the Accreditation Committee.

8. Certificate of accreditation

(1) The Accreditation Committee shall, within 60 days of receipt of an application for accreditation, approve the application if the applicant meets the requirements of these Regulations and award a certificate of accreditation to the legal education institution in Form III set out in the First Schedule.

(2) The certificate of accreditation issued under sub-regulation (1) shall, unless revoked, be valid for a period of five years.

9. Operation standards

An accredited legal education institution shall maintain and operate in accordance with, the operation standards set out in the Second Schedule.

10. Review and alteration of accredited programme

(1) A legal education institution shall not alter an accredited programme without the prior approval of the Accreditation Committee.

(2) An application to alter an accredited programme shall be in Form IV set out in the First Schedule.

(3) The Accreditation Committee shall, within 30 days of receipt of the application to alter an accredited programme, approve the application if the proposed alteration meets the requirements of these Regulations and notify the legal education institution in writing.

11. Institutional reports

(1) An accredited legal education institution shall prepare and submit to the Accreditation Committee—

(a) at the end of each year, an annual report of its activities in each year of operation, which shall include the resources set aside for the legal training and the maintenance of the legal library services; and

(b) after every five years, a detailed report for the degree programme and after every four years for other training programmes, indicating the progress made on the maintenance of standards and institution's objects with regard to legal education.

(2) The Accreditation Committee shall evaluate the reports received under sub-regulation (1) and make such recommendations as are necessary for the improvement of the training programmes and standards of the legal education institution.

12. Suspension and revocation of accreditation

(1) The Accreditation Committee shall, where an accredited legal education institution fails to comply with the standards set out in the Fourth Schedule, issue a notice of intention to revoke its accreditation in Form V set out in the First Schedule.

(2) A notice issued under sub-regulation (1) shall specify the details of the failure to comply with the standards.

(3) A legal education institution shall, within 30 days of receipt of a notice of intention to revoke accreditation, remedy the failure specified in the notice and make representations in writing, to the Accreditation Committee stating why the accreditation should not be revoked.

(4) Where the legal education institution fails to remedy the default, the Accreditation Committee may, revoke the accreditation issued to the institution and notify the legal education institution in Form VI set out in the First Schedule.

(5) The Accreditation Committee shall, where it revokes the accreditation of a legal education institution, publish a notice of revocation in a daily newspaper of general circulation in Zambia and the Institute's website.

(6) The Accreditation Committee shall cancel the notice of intention to revoke accreditation of a legal education institution if it is satisfied that the legal education institution has put in place necessary measures to comply with these Regulations.

(7) A legal education institution which is subject to a notice under this regulation shall meet the Accreditation Committees administrative costs and other expenses incurred in the enforcement of this regulation.

13. Renewal of accreditation

(1) A legal education institution may apply for the renewal of accreditation to the Accreditation Committee in Form I set out in the First Schedule.

(2) The Accreditation Committee shall, where a legal education institution complies with these Regulations and maintains the prescribed standards renew its accreditation for a further period of five years.

14. Order of discontinuation of provision of legal education institution

(1) The Accreditation Committee shall order a legal education institution to discontinue providing legal education or training if—

(a) the legal education institution requests to discontinue the accredited programme;

(b) the Accreditation Committee determines that the legal education institution is no longer competent to offer the legal education or training;

(d) the legal education institution is not accredited by the Council.

(2) An order of discontinuation to a legal education institution shall be in Form VII set out in the First Schedule.

(3) The Council shall publish the order of discontinuation issued under sub-regulation (2) in a daily newspaper of general circulation in Zambia.

(4) The Council may by a notice in the Gazette or a newspaper of general circulation stop the legal education or training programme for a legal education institution that has not complied with this regulation.

15. Discontinuation plan

(1) A legal education institution shall, within 60 days of receipt of an order of discontinuation issued by the Council under regulation 14, submit a discontinuation plan to the Council for approval.

(2) A discontinuation plan submitted under sub-regulation (1) shall—

(a) state the date on which the legal education institution shall discontinue providing legal education or training; and

(b) become effective at the end of the academic year in which the order is issued.

(3) Once a discontinuation plan submitted under sub-regulation (1) as approved by Council, a legal education institution shall—

(a) not admit new students to any of its legal programmes; and

(b) assist its students to transfer to other accredited institutions to complete their legal education programmes.

(4) A legal education institution shall, until it discontinues a programme—

(a) pursue the course programmes approved by the accreditation committee in the mode existing before the order of discontinuation;

(b) maintain the library and other physical facilities required under these Regulations; and

16. Inspection

(1) The Accreditation Committee may on its own motion or on the request of the legal education institution or the public, inspect a legal education institution accredited under these Regulations.

(2) The Accreditation Committee shall prepare an inspection report stating its findings and recommendations and submit the report to the institution.

(3) The Accreditation Committee shall, where it determines that a legal education institution has failed to maintain the standards set out under these Regulations, revoke the accreditation.

(4) Where a legal education institution requests the Accreditation Committee to inspect the institution, the institution shall meet the Accreditation Committee's reasonable administrative costs and other expenses incurred in connection with the inspection.

17. Register

(1) The Secretary shall keep and maintain a register of the accredited legal education institutions in which the Secretary shall enter the details and particulars relating to—

(a) the accredited legal education institutions;

(b) the applications rejected and the reasons therefor; and

(2) The register of legal education institutions shall be kept at the offices of the Institute, and shall be open for inspection by members of the public during normal office hours upon payment of the fee set out in the Forth Schedule.

(3) The Secretary may, upon application by any person, issue to the person a certified extract from the register or a copy of any accreditation, upon payment of the fee set out in the Fourth Schedule.

18. Publication of accredited legal education institutions

(1) The Accreditation Committee shall, at the beginning of each year, publish a list of all the accredited legal education institutions in a newspaper of general circulation in Zambia and the Institute's website.

(2) The Accreditation Committee shall maintain and regularly update particulars of the accredited institutions on its register and the institute's website.

PART III
LEGAL EDUCATION TRAINING

19. Eligibility for admission to legal education programme

(1) A student shall be eligible for admission to a legal education training programme if that student attains the required minimum qualifications set out in the Third Schedule.

(2) A student shall be disqualified from being enrolled as an undergraduate law student if the student does not possess the qualifications set out under sub-regulation (1).

20. Recognition of academic awards

(1) The Accreditation Committee may recognise academic awards in legal education of foreign institutions that are recognised by the Council or any other competent authority under any other written law.

(2) Notwithstanding the generality of sub-regulation (1), the Accreditation Committee shall equate every qualification from a foreign institution against its standards and make such recommendations as it considers necessary for the better carrying out of these Regulations.

PART IV
GENERAL PROVISIONS

21. Appeal

(1) A person aggrieved by a decision of the Accreditation Committee may appeal, in writing, to the Council through the Secretary within 30 days from the date of receipt of the Accreditation Committee's decision.

(2) An application made under sub-regulation (1) shall set out the grievance or issues to be determined by the Council.

(3) The Council shall, within 14 days of receipt of an appeal, determine the appeal.

(4) A person aggrieved by a decision of the Council may appeal to the High Court.

22. Fees

The fees specified in the Fourth Schedule shall be paid in respect of the matters specified in that Schedule.

23. General offence and penalty

A person who contravenes these Regulations commits an offence and is liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units or imprisonment for a period not exceeding two years, or to both.

24. Transitional provisions

(1) An institution that offers legal education or training shall, within six months after the commencement of these Regulations, apply to the Accreditation Committee for accreditation.

(2) Where an application for accreditation to the Accreditation Committee is in respect of any programme that existed before the commencement of these Regulations, the Accreditation Committee may permit the legal education institution to continue operating for a period not exceeding one year pending the accreditation of the legal education institution.

FIRST SCHEDULE

[Regulations 5, 8, 10, 12, 13, 14, 19, and 23]

Form I

[Regulations 5(1) and 13]

Zambia Institute of Advanced Legal Education

The Zambia Institute of Advanced Legal Education Act

(Laws, Volume 4, Cap. 49)

The Zambia Institute of Advanced Legal Education
(Accreditation of Legal Education Institutions) Regulations, 2014

APPLICATION FOR ACCREDITATION/RENEWAL OF ACCREDITATION

Shaded fields for official use only

Certificate code

Tick where applicable (")

Date

Information Required

Information Provided

Accreditation no.

Name of the Institution

Physical address (location):

Contacts:

Physical address:

Tel:

Fax:

Email:

Others:

Programme level-(degree, diploma, etc.)

Curriculum and course units taught:

Minimum admission requirements:

Teaching methodologies:

Examination and pass mark:

Academic award (LLB, Diploma in Laws etc):

10.

Details of staff employed for the programme (including qualification*, work load, part time and full time):

11.

Number of students per year of study:

12.

Physical facilities (building, land, owned or leased):

13.

Library (space dedicated for the programme and legal volumes):

14.

Other facilities:

15.

Budget set out for the development of legal education including purchase of books and research:

* The information required to be included in the various appendices
* Certified copies of certificates of academic qualifications of academic staff must be attached.
DECLARATION
I/we declare that the information given in this applicant is correct to the best of my knowledge and belief.
........................................... Applicant's name	{mprestriction ids="2,3,5"}	........................................... Date
........................................... Applicant's signature
FOR OFFICIAL USE ONLY
Received by: ............................................... Officer	RECEIPT No.
Date received ..........................................
Amount received ....................................	STAMP
Serial No. of application: ..........................

Form II

[Regulation 5(4)]

Zambia Institute of Advanced Legal Education

The Zambia Institute of Advanced Legal Education Act

(Laws, Volume 4, Cap. 49)

The Zambia Institute of Advanced Legal Education
(Accreditation of Legal Education Institutions) Regulations, 2013

REF No.: ................

NOTICE OF REJECTION OF APPLICATION

(1) Here insert the full names and address of applicant

To (1) ..................................................................................................................

...........................................................................................................................

IN THE MATTER OF (2) .......................................................................................

(2) Here insert type of application

you are hereby notified that your application for (3) accreditation/renewal of accreditation has been rejected on the following grounds—

(3) Here insert the type of application

(a) ................................................................................

(b) ................................................................................

(d) ................................................................................

Dated ................. this day of ........................... 20.....

...................................................
Director

Form III

[Regulation 8(1)]

Zambia Institute of Advanced Legal Education

The Zambia Institute of Advanced Legal Education Act

(Laws, Volume 4, Cap. 49)

The Zambia Institute of Advanced Legal Education
(Accreditation of Legal Education Institutions) Regulations, 2014

CERTIFICATE No. .....................

CERTIFICATE OF ACCREDITATION

THIS IS TO CERTIFY THAT

Name of Institution: ......................................................................................................................

Address ......................................................................................................................................

has this day ................... of ..................... 20.... been accredited in accordance with Regulation 8(2) of the Zambia Institute of Advanced Legal Education (Accreditation of Legal Education Institutions) Regulation, 2013 and is HEREBY authorised to offer legal education or training leading to the award of a degree/diploma/certificate only.

Issued at ..................... this ............... day of ..................... 20.......

...............................................................
Chairperson
(ZIALE Council)

ENDORSEMENT OF REGISTRATION

This accreditation has this ................. day of ............................ 20....... been endorsed in the Register.

...............................................................
Secretary
(ZIALE Council)

Form IV

[Regulation 10(2)]

Zambia Institute of Advanced Legal Education

The Zambia Institute of Advanced Legal Education Act

(Laws, Volume 4, Cap. 49)

The Zambia Institute of Advanced Legal Education
(Accreditation of Legal Education Institutions) Regulations, 2014

APPLICATION FOR ALTERATION OF ACCREDITED PROGRAMME

Shaded fields for official use only

Certificate code

Tick where applicable (")

Date

Information Required

Information Provided

Accreditation no.

Name of the Institution

Physical address (location):

Contacts:

Physical Address:

Tel:

Fax:

Email:

Others:

CURRENT PROGRAMME

Programme level - (degree, diploma, etc.)

Curriculum and course units taught:

Minimum admission requirements:

Teaching methodologies:

Examination and pass mark:

Academic award (LLB, Diploma in Laws etc):

10.

Details of staff employed for the programme (including qualification*, work load, part time and full time):

11.

Number of students per year of study:

12.

Physical facilities (building, land, owned or leased):

13.

Library (space dedicated for the programme and legal volumes):

14.

Other facilities:

15.

Budget set development of legal education including purchase of books and research:

Programme level - (degree, diploma, etc.)

Curriculum and course units taught:

Minimum admission requirements:

Teaching methodologies:

Examination and pass mark:

Academic award (LLB, Diploma in Laws etc.):

Details of staff employed for the programme (including qualification, work load, part time and full time):

Number of students per year of study:

Physical facilities (building, land, owned or leased):

10.

Library (space dedicated for the programme and legal volumes):

11.

Other facilities:

12.

Budget set out for the development of legal education including purchase of books and research:

13.

Programme level-(degree, diploma, etc.)

14.

Curriculum and course units taught:

15.

Minimum admission requirements:

* The information required to be included in the various appendices
* Certified copies of certificates of academic qualifications of academic staff must be attached.
DECLARATION
I/we declare that the information given in this applicant is correct to the best of my knowledge and belief.
................................................ Applicant's name	...................................... Date
................................................ Applicant's signature
FOR OFFICIAL USE ONLY
Received by: .................................. Officer	RECEIPT No.
Date received ................................
Amount received ...........................	STAMP
Serial No. of application: ...............

Form V

[Regulation 12(1)]

Zambia Institute of Advanced Legal Education

The Zambia Institute of Advanced Legal Education Act

(Laws, Volume 4, Cap. 49)

The Zambia Institute of Advanced Legal Education
(Accreditation of Legal Education Institutions) Regulations, 2014

CERTIFICATE NO.: .....................

NOTICE OF INTENTION TO REVOKE ACCREDITATION

(1) Here insert the full names and address of holder of certificate

To (1) ........................................................................................................................

.................................................................................................................................

you are hereby notified that the Accreditation Committee intends to *revoke your accreditation on the following grounds:

(a) .....................................................................................................

(b) .....................................................................................................

(d) .....................................................................................................

You are requested to show cause why the accreditation should not be revoked and to take action to remedy the breaches set out in paragraphs ..................... (above), within thirty days from the date of receipt of this notice. Failure to remedy the said breaches shall result in the revocation of your accreditation.

Dated this ................ day of ......................., 20.........

(2) Signature of Committee Chairperson

(2) ..........................................
Chairperson

Form VI

[Regulation 12(5)]

Zambia Institute of Advanced Legal Education

The Zambia Institute of Advanced Legal Education Act

(Laws, Volume 4, Cap. 49)

The Zambia Institute of Advanced Legal Education
(Accreditation of Legal Education Institutions) Regulations, 2014

NOTICE OF REVOCATION OF ACCREDITATION

(1) Here insert the full names and address of the holder

To (1) ...............................................................................................................

........................................................................................................................

(2) Here insert the certificate number

IN THE MATTER OF (2) ............................................................... you are hereby notified that your accreditation has been *revoked on the following grounds—

(a) ......................................................................................................

(b) ......................................................................................................

(d) ......................................................................................................

Dated this .......................................... day of ................................, 20....

(3) Signature of Chairperson of Committee

(3) ..........................................
Chairperson

Form VII

[Regulation 14(2)]

Zambia Institute of Advanced Legal Education

The Zambia Institute of Advanced Legal Education Act

(Laws, Volume 4, Cap. 49)

The Zambia Institute of Advanced Legal Education
(Accreditation of Legal Education Institutions) Regulations, 2014

CERTIFICATE No. .....................

ORDER OF DISCONTINUATION

TAKE NOTICE THAT

The Zambia Institute of Advanced Legal Education Council has this day of ..................... revoked the Accreditation issued to: ............................................................................ (name of the institution) ............................................................ Address: ............................................................... and HEREBY ORDERS that ............................................................. (Name of Institution) shall with immediate effect from this ..................... day of ..................... discontinue offering legal education or training in Zambia.

This Order is issued in accordance with regulation 14(2) of the Zambia Institute of Advanced Legal Education (Accreditation of Legal Education Institutions) Regulation, 2014.

Issued at ..................... this ..................... day of ..................... 20....


........................................................ Chairperson (ZIALE Council)	................................................. Secretary (ZIALE Council)

SECOND SCHEDULE

[Regulation 9]

OPERATION STANDARDS FOR LEGAL EDUCATION INSTITUTIONS

PART I
PHYSICAL STANDARDS

1. These standards shall apply to all physical facilities supporting the legal education programme.

2. A legal education institution shall have the following physical facilities to support the legal education programme—

(a) classrooms or lecture rooms;

(b) a library with a section demarcated for legal education or training;

(d) recreational and sanitation facilities.

3. A building used or intended to be used as part of the physical facility shall comply with the requirements of the Town and Country Planning Act, the Public Health Act.

4. Every building shall be safe for public habitation and kept in good state, free from structural failures, cracking or dilapidation of building material, fabric and components.

5. A legal education institution shall provide classrooms, lecturer halls and moot court rooms that are adequate in size, well illuminated and ventilated.

6. A legal education institution shall provide writing surface for each seat and a place to set books and papers.

PART II
LIBRARY STANDARDS

7. Every legal education institution shall provide a functional library area with the following—

(a) adequate sitting area;

(b) stack area, with the section dedicated for legal education and training; and

8. A legal education institution shall maintain a legal education library that complies with international library standards with respect to its classification, functionality and adaption to its users.

9. A legal education institution's library shall have a library policy and a library development strategy.

10. A legal education institution shall set aside every year at least five per cent of the total recurrent budget for the purchase of legal education materials.

11. A librarian of a legal education institution shall have as a minimum qualification a degree in library services.

12. The library shall stock at least five core titles (latest edition) per unit, being used and at least one copy for every five students per core title.

13. The library shall—

(a) stock journals, periodicals, encyclopaedia and other publications for general information;

(b) stock books for general knowledge with the object of giving its users a wide range of knowledge;

(d) have internet facilities and other online information resources; and

(e) have adequate lighting and ventilation.

14. The legal library shall have the following minimum law reports—

(a) Zambia Law Reports to the current edition;

(b) Zambia Gazette to the current edition;

(d) All England Law Reports to the current edition.

15. The legal library shall have the current complete set of the Laws of Zambia as amended and subsidiary legislation.

PART III
CURRICULUM STANDARDS

16. (1) A legal education institution shall maintain adequate qualified academic and support staff.

(2) The academic full time staff and student ratio shall be at most 1:15.

17. A person shall be recruited as an academic or technical staff if that person possesses the following minimum qualification—

(a) for undergraduate level, at least a masters in law;

(b) for postgraduate level, at least a masters in law with proven past masters level experience.

18. Unless otherwise stated, the Undergraduate Programme shall carry a minimum of 1680 contact hours.

19. Curriculum core courses for the purpose of accreditation are as follows—

1. Legal process;

2. Law of Contract;

3. Law of Tort;

4. Commercial Law;

5. Criminal law;

6. Constitutional Law;

7. Law of Evidence;

8. Land Law;

9. Family law;

10. Administrative Law;

11. Jurisprudence;

12. Company Law;

13. Moot Court;

14. Obligatory Essay; and

15. three or more elective courses.

20. The curriculum submitted to the Council shall—

(a) indicate the core courses;

(b) indicate the elective courses;

(d) Specify the minimum number of units that a student is expected to take;

(e) specify the conditions under which the student may—

(i) take special examination;

(ii) re-sit examinations;

(iii) repeat the entire academic year; or

(iv) be discontinued.

THIRD SCHEDULE

[Regulation 19]

EDUCATION TRAINING PROGRAMME

Eligibility for admission into an Undergraduate Degree Programme—

(a) a degree from a recognised university;

(b) at least five "˜O"™ levels at credit or better which shall include English and mathematics;

(d) a full academic year in a humanities or social science programme which includes English.

FOURTH SCHEDULE

[Regulation 23]

PRESCRIBED FEES

Item

Fee units

1.Application fees (Non-refundable)

5,000

2.Accreditation fees

25,000

3.Filing fees (submission of annual returns)

5,000

4.Inspection of Register

25,000

5.Certified extract of Register

25,000

ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION (STUDENTS) RULES, 2021

[Section 23]

Arrangement of Rules

Rule

PART I
PRELIMINARY

1. Title

2. Interpretation

3. Condition precedent to qualification for admission as practitioner

PART II
ENROLMENT

4. Qualification for enrolment

5. Application for enrolment

6. Issuance of enrolment certificate

7. Duplicate enrolment certificate

8. Effective enrolment

9. Commencement of service, course or active employment after enrolment and re-enrolment

10. Roll of Students

PART III
ARTICLES OF CLERKSHIP

11. Application

12. Qualification and accreditation of principal

13. Registration and terms of articles

14. Employment of articled clerk and period of good service

15. Irregular service under articles

16. Student not to take other employment except with consent

17. Council may disregard irregularities of service under articles

18. New or further articles necessary in certain cases

PART IV
EXAMINATION

A. General

19. Notice

20. Conduct of examination

21. Results of examinations

22. Exemption

23. Syllabi

B. The Legal Practitioners Qualifying Examination

24. Heads of examination

C. The Prescribed Examination

25. Parts and Heads of examination

26. Certificate of completion

PART V
GENERAL PROVISIONS

27. Dates and times of examinations

28. Approved higher education institution

29. Complaints against former students and current student

30. Decision of Council

31. Cases not specifically provided for

32. Appeal

33. Papers to be lodged with Secretary

34. Abridgement of time

35. Fees

36. Revocation of S.I. No. 90 of 1985

37. Transitional provisions

SI 49 of 2021.

PART I
PRELIMINARY

1. Title

These Rules may be cited as the Zambia Institute of Advanced Legal Education (Students) Rules, 2021.

2. Interpretation

In these Rules, unless the context otherwise requires—

"accreditation" has the meaning assigned to the word in the Higher Education Act;

"approved higher education institution" means an institution referred to under rule 28;

"Council" has the meaning assigned to the word in the Act;

"Higher Education Authority" means the Higher Education Authority established under the Higher Education Act, 2013;

"higher education institution" has the meaning assigned to the word in the Higher Education Act;

"Institute" has the meaning assigned to the word in the Act;

"prescribed examination" means an examination set and held by the Council under Part IV of these Rules;

"principal" means a practitioner of the prescribed standing under the Legal Practitioners Act;

"Secretary" means the person appointed as Secretary of the Council under the Act;

"student" means a person enrolled as a student with the Council under these Rules; and

"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.

3. Condition precedent to qualification for admission as practitioner

Subject to the provisions of the Act, a person who intends to qualify for admission as a practitioner shall comply with the provisions of these Rules.

PART II
ENROLMENT

4. Qualification for enrolment

(1) A person shall, before being issued with a certificate of enrolment as a student, satisfy the Council that the person—

(a) is a holder of a degree in law obtained from a higher education institution registered by the Higher Education Authority and whose qualification has been recognised and accredited by the Zambia Qualifications Authority;

(b) is a holder of a degree in law obtained from a higher education institution outside Zambia in a country operating the Common Law system or is a member of the Commonwealth and whose degree in law is—

(i) recognised by the Zambia Qualifications Authority; or

(ii) academically equivalent to a degree of a higher education institution recognised under (a); or

5. Application for enrolment

(1) A person who intends to enrol as a student shall apply to the Council in Form I set out in the First Schedule on payment of a fee set out in the Fourth Schedule.

(2) A person shall, before being enrolled as a student, satisfy the Council as to the person's character, fitness and suitability to be a student in the manner determined by the Council.

(3) The Council shall, within 30 days of receipt of an application, consider the application for enrolment as a student.

(4) The Council may, if it considers it necessary, before issuing a certificate of enrolment to an applicant, require that applicant to attend an interview personally before the Council, and to furnish additional evidence relating to that applicant's character, fitness and suitability to be a student.

6. Issuance of enrolment certificate

The Council shall, where the applicant has met the qualifications under these Rules, issue the applicant with a certificate of enrolment in Form II set out in the First Schedule.

7. Duplicate enrolment certificate

A student who intends to replace a lost or damaged certificate of enrolment shall apply to the Council for the issuance of a duplicate certificate of enrolment in Form IV set out in the First Schedule on payment of a fee set out in the Fourth Schedule.

8. Effective enrolment

For the purposes of these Rules, an enrolment shall not be considered to be effective unless—

(a) in the case of a student who intends to attend a course at the Institute under section 11(1)(d)(i) of the Legal Practitioners Act, the date of that enrolment is prior to, or within six months from, the commencement of that student's attendance at the Institute;

(b) in the case of a student who is required to serve in the Republic as an articled clerk under articles of clerkship to a practitioner under section 11(1)(d)(ii) or section 12 of the Legal Practitioners Act, the date of that enrolment is prior to, or within six months from, the commencement of the articles; or

(c) in the case of a student to whom section 11(2)(b)(ii) or section 11(2)(a)(ii) of the Legal Practitioners Act applies, the date of that enrolment is prior to, or within six months from, the commencement of the student's period of active employment thereunder.

9. Commencement of service, course or active employment after enrolment and re-enrolment

(1) A person who obtains a certificate of enrolment under these Rules shall commence that person's—

(a) period of service under articles within two years of the date of that certificate of enrolment;

(b) attendance of a course at the Institute within two years of the date of that certificate of enrolment; or

(2) A person shall, where that person does not, commence an activity under sub-rule (1) within the period specified and intends to commence any of those activities, re-enrol as a student with the Council in Form I set out in the First Schedule on payment of a fee set out in the Fourth Schedule.

10. Roll of Students

(1) The Council shall establish and maintain a Roll of Students.

(2) The Council shall, record in the Roll of Students the—

(a) name, date of birth and nationality of the student;

(b) residential address;

(d) contact details of the student; and

(e) any other matter the Council may determine.

PART III
ARTICLES OF CLERKSHIP

11. Application

This Part applies to a student entering into articles under section 11(1)(d)(ii) or section 12 of the Legal Practitioner's Act.

12. Qualification and accreditation of principal

(1) A practitioner of a prescribed standing with a valid practising certificate, may take into articles not more than two persons at any one time.

(2) The Council shall, for purposes of articles under this Part, accredit the principal to whom a student is articled.

(3) A practitioner shall not take into articles a person who does not qualify to enrol in an approved legal higher education institution.

13. Registration and terms of articles

(1) A student shall lodge with the Council that student's articles for registration which shall contain—

(a) the name and address of the student;

(b) the principal with whom that student has entered into articles and any other party thereto;

(d) any other information which the Council may determine.

(2) The articles shall be accompanied by—

(a) a copy of the articles which shall be retained by the Council;

(b) the student's qualification for entry into a school of law;

(d) where the period of service under the articles is less than five years, evidence acceptable to the Council showing why the term should be less than five years.

(3) The Council shall, on being satisfied that the articles comply with the Act and these Rules, register and file a copy of the articles submitted under sub-rule (2) or rule 18(7) in a register and enter the date of that filing.

(4) Where articles are not lodged with the Council for registration within three months of the date of execution of service thereunder, those articles shall, unless the Council otherwise directs, be considered to have commenced on the date the articles are lodged.

(5) Where the Council refuses to register the articles under sub-rule (1), any service under those articles shall not be considered as good service.

(6) For the purposes of section 12(1)(a) of the Legal Practitioners"™ Act, the period of service of a person under articles is set out in the Second Schedule.

(7) The period of service under articles shall begin on the date of the execution of the articles or on a later date that may be specified by the articles.

14. Employment of articled clerk and period of good service

(1) Subject to these Rules, a student shall, during the period of service under the articles, be employed by a principal to whom that student is articled.

(2) The principal referred to under sub-rule (1) shall be in the proper business, practice and employment of a legal practitioner.

(3) For the purposes of this rule, the following periods are considered as periods of employment with the principal to whom the student is articled and as good service under articles—

(a) where the term of articles is three years or more, with the permission of the student's principal, a period not exceeding one year of employment in the proper business, practice and employment with another principal;

(b) where the term of articles is three years or more, a period not exceeding six months during the last nine months of the term of articles during which period the student may be absent from that principal's office to prepare for Part I and Part II of the prescribed examination repeaters examination or the Legal Practitioners Qualifying Examination;

(i) a period of attendance at any course of instruction in law from a higher education institution registered by the Higher Education Authority whose qualifications have been recognised by the Zambia Qualifications Authority; or

(ii) during the first three years of that term, with the permission of the principal, periods of absence from that principal's office to enable the student to study for an external degree, and a period not exceeding four months during which periods the student may be absent from that principal's office to prepare for an examination required under the Act; or

(d) a period that the Council may, where the Council considers necessary as good service.

15. Irregular service under articles

Where a student has entered into articles for a term of five years and more than one half of the term of articles has expired before the student has passed Part I of the prescribed examination, or is granted total exemption therefrom, then, unless the Council otherwise directs, no further service under articles may be reckoned as good service under articles until the student passes Part I of the prescribed examination or is granted total exemption from the prescribed examination.

16. Student not to take other employment except with consent

(1) Subject to these Rules, a student shall not, during the term of that students articles, hold any office or engage in any employment other than the employment of—

(a) the principal with whom that student has entered into articles;

(b) a partner of that principal; or

(2) A student's period of articles shall not, where a student holds an office or engages in employment other than employment under sub-rule (1)(a), (b) or (c), unless the Council otherwise directs, be considered as good service under articles.

(3) This rule does not apply to a student who, before that student enters or engages in any office or employment, has obtained the written consent of the principal with whom that student has entered into articles and the Council.

(4) A direction made by the Council under sub-rule (2) or any consent given by the Council under sub-rule (3) may be made or given subject to terms and conditions that the Council may consider necessary, and that consent may be withdrawn or the terms and conditions varied at any time.

(5) A student seeking the direction or consent of the Council under this rule shall apply to the Council in Form III set out in the First Schedule.

(6) An application under sub-rule (5) shall be accompanied by a written consent of the principal under sub-rule (2).

17. Council may disregard irregularities of service under articles

(1) Where a student has not served under that student's articles in accordance with these Rules but has, after the execution of that student's articles, in good faith served, whether continuously or not, one or more principals for periods equal, in total, to the full term for which the student was originally articled, the Council may, on application by the student, consider the service as if it is good service.

(2) The Council shall not consider service under sub-rule (1) as good service unless—

(a) Council is satisfied that the irregularity of the service was occasioned by accident, mistake or other sufficient cause; and

(b) service, though irregular, was substantially equivalent to service in accordance with these Rules.

(3) An application under sub-rule (1) shall be made to the Council in Form IV set out in the First Schedule.

18. New or further articles necessary in certain cases

(1) Subject to sub-rule (3), a student may enter into new articles with another principal for the residue of the term and service under those articles in accordance with these Rules, which shall be good service, where before the expiry of the term for which the student is articled the—

(a) principal to whom that student is articled ceases to practice as a legal practitioner;

(b) articles are cancelled by mutual consent or are otherwise terminated before the expiry of the period for which they were limited to endure; or

(2) A student service under any new or further articles may, where articles are discharged, be considered as good service where that student has registered those new articles with the Council under rule 13.

(3) Where a principal to a student who is articled dies, ceases to practice or cancels the articles by mutual consent before the expiry of the term for which a student is articled, and the student enters into new articles, the Council may, on application by the student consider that period of service as good service under articles if the Council considers that—

(a) there is no undue delay from the date of cancellation or cessation of the articles or death of the principal and the entering into of new articles by the student; and

(b) the student has served the principal in good faith.

(4) An application under sub-rule (3) shall be in Form IV set out in the First Schedule.

(5) A student may, where on the expiry of the term for which a student is articled that student fails to satisfy the Council that the student has duly served under articles for the whole of the term of that student's articles, enter into further articles with the same or another principal for a period that will enable that student to complete the requisite term of service under articles.

(6) A student's certificate of enrolment shall, where a student does not enter into new articles within two years of the cancellation or discharge of that student's articles, or that student does not enter into further articles within two years of the expiry of that student's original or any new articles, be of no effect and that student shall be required to re-enrol as a student with the Council before entering into new or further articles, and new or further articles shall be for that term, not exceeding the term of that student's original articles, that the Council may determine.

(7) A student who enters into new or further articles under sub-rule (6) shall lodge with the Secretary—

(a) new or further articles, in duplicate; and

(b) valid certificate of enrolment as a student with the Council.

(8) A student who intends to amend that student's details of registration shall notify the Council in Form IV set out in the First Schedule.

(9) The Council shall, on receipt of the notice to amend the student's details of registration, amend the register.

PART IV
EXAMINATION

A. General

19. Notice

A student who intends to sit for the Legal Practitioners Qualifying Examination, the repeaters examination or the prescribed examination by the Council, shall notify the Council in Form V set out in the First Schedule on payment of the fees set out in the Fourth Schedule.

20. Conduct of examination

The prescribed examination, the repeaters examination and the Legal Practitioners Qualifying Examination shall be conducted in accordance with these Rules and any instruction that the Council may issue.

21. Results of examinations

(1) Subject to sub-rule (2), the decision of the Council on the results of an examination held under these Rules shall be final.

(2) An examination script written by a student shall be the property of the Council, and a student shall not be entitled to see that script after the examination or to have it returned to that student.

22. Exemption

A student wishing to be exempted from any Head of the Legal Practitioners Qualifying Examination or the prescribed examination shall apply to the Council not later than the latest date for entry for that examination in Form VI set out in the First Schedule on payment of a fee set out in the Fourth Schedule.

23. Syllabi

The Council shall issue a detailed syllabi of the Legal Practitioners Qualifying Examination and the prescribed examination.

B. The Legal Practitioners Qualifying Examination

24. Heads of examination

(1) The Legal Practitioners Qualifying Examination shall comprise the following Heads—

(a) Professional Conduct and Ethics;

(b) Book-keeping and Accounts;

(d) Probate and Succession;

(e) Commercial Transactions;

(f) Company Law Procedure;

(g) Superior Courts Civil Procedure;

(h) Subordinate Courts Civil Procedure;

(i) Domestic Relations;

(j) Criminal Procedure; and

(k) Evidence.

(2) The examination shall consist of written papers and other forms of evaluation specified by the Council in each Heads of the examination and a student shall be permitted access to books and legislation that the Council may specify.

(3) A student shall be required to pass in each Head of the examination, except where that candidate is granted an exemption from a Head of the examination under the Act.

(4) A student will be required to retake and pass all the remaining Heads within four years of the date of the Legal Practitioner's Qualifying Examinations if that student has—

(a) passed less than four Heads of examination at one sitting; or

(b) not passed all the Heads of the examination.

(5) A student who fails to pass the remaining Heads under sub-rule (4) shall be excluded from the course.

(6) A student who intends to re-sit an examination shall only sit for a repeaters examination.

(7) Despite sub-rule (4), student who is excluded under sub-rule (5) may petition once, in exceptional circumstances, to the Council within six weeks of the date of publication of results.

(8) A student who intends to re-sit an examination, shall attend a revision class on payment of a fee set out in the Fourth Schedule.

(9) A person shall not enter for an examination unless that person is enrolled as a student under these Rules.

(10) Where a person enrolled as a student under these Rules is required under section 12 of the Legal Practitioner's Act to pass the prescribed examination, that person is not eligible to write any part of the Legal Practitioners Qualifying Examination until after that person has successfully completed the prescribed examination.

(11) Nothing in this rule shall disqualify a person who has, before being admitted as a practitioner, given to the Chief Justice, an undertaking in writing that the person shall not, before that person has passed Book-keeping and Accounts, perform within the Republic any of the functions which in England are performed by a solicitor and are not performed by a barrister, from entering for the Legal Practitioners Qualifying Examination in Book-keeping and Accounts.

C. The Prescribed Examination

25. Parts and Heads of examination

(1) A prescribed examination shall consist of two parts divided into the Heads set out in sub-rules (3) and (4).

(2) Subject to the Act, the Council may, direct that the prescribed examination shall consist of a less number of Parts or Heads.

(3) Part I of the prescribed examination shall comprise the following Heads—

(a) Contract;

(b) Tort;

(d) Constitutional Law.

(4) Part II of the prescribed examination shall comprise the following Heads—

(a) Commercial Law;

(b) Land Law;

(d) Jurisprudence.

(5) A person may not sit for the prescribed examination unless that person is enrolled as a student or has entered into articles under these Rules.

(6) A student may not attempt Part II of the prescribed examination until that student has sat for the Heads of Part I of the examination, and shall have passed in at least three Heads.

(7) The prescribed examination shall be conducted in accordance with the rules and procedures of an accredited legal education institution.

26. Certificate of completion

(1) The Council shall issue a student who successfully completes an examination, a Legal Practitioners Qualifying Examination Certificate in Form VII set out in the First Schedule.

(2) A student who loses a Legal Practitioners Qualifying Certificate Examination issued in sub-rule (1) or whose certificate is damaged may apply in Form IV set out in the First Schedule to the Council for issuance of a duplicate Legal Practitioner Qualifying Examination Certificate on payment of a fee set out in the Fourth Schedule.

PART V
GENERAL PROVISIONS

27. Dates and times of examinations

An examination under these Rules shall be held twice for each intake in each year on a date, time and place approved by the Council.

28. Approved higher education institution

A higher education institution set out in the Third Schedule is approved by the Council for the purposes of section 11(1)(a), (b) and (c) of the Legal Practitioner's Act.

29. Complaints against former students and student

(1) The Council may, on its own motion or on receipt of a complaint, investigate a complaint relating to the conduct of a student, former student or of a person who, having been enrolled as a student but whose certificate of enrolment is considered under these Rules to be of no effect and who applies to be re-enrolled.

(2) A complaint to the Council shall be lodged with the Secretary who shall refer that complaint to the Council unless the Secretary considers that the complaint is frivolous.

30. Decision of Council

(1) The Council may, where a complaint discloses the conduct complained against—

(a) admonish the student or former student and cause an entry of that admonishment to be made against that student or former student's name on the student's register;

(b) refuse to register the articles or further articles of the student or former student;

(c) postpone the date on which the student or former student may sit for any examination or any Head or Part of the examination provided for in these Rules;

(d) refuse to re-enrol the former student; or

(e) revoke the certificate of enrolment of the student.

(2) The Council shall, before carrying out the decision under sub-rule (1), notify the student or former student of the complaint and accord that student or former student an opportunity to be heard.

31. Cases not specifically provided for

(1) A person may apply to the Council for a matter that is not specifically provided for under these Rules, in Form IV set out in the First Schedule, stating the nature of that person's application and specifying the facts on which that person relies in support of that application.

(2) A person who makes an application under sub-rule (1) may be required to verify these facts by affidavit or statutory declaration and adduce further evidence, where necessary.

32. Appeal

An applicant who is aggrieved with a decision of the Council under these Rules may appeal to the High Court.

33. Papers to be lodged with Secretary

A document required to be lodged with the Council shall be lodged with the Secretary.

34. Abridgement of time

Subject to the Act, the Chairperson of the Council may, in any particular case, extend or abridge any time laid down by these Rules, except for the period specified under rule 24(4).

35. Fees

The fees set out in the Fourth Schedule are payable for the matters specified therein.

36. Revocation of S.I. No. 90 of 1985

The Student Rules, 1985 are revoked.

37. Transitional provisions

Despite the revocation of Student Rules under rule 36—

(a) an activity commenced under the revoked Rules shall be considered to be an activity commenced in accordance with these Rules;

(b) on commencement of these Rules, a student who has only sat once for a final examination and has not passed all the Heads, may retake the remaining Heads in accordance with these Rules;

(c) where a student has already sat for an examination more than once but not more than thrice under the revoked Rules, that student shall retake the remaining Heads in accordance with these Rules; and

(d) where a student is excluded, having sat thrice, for an examination under the revoked Rules, on commencement of these Rules, that student shall be entitled to sit for one more examination.

FIRST SCHEDULE

[Rules 5, 6, 7, 9, 16, 17, 18, 19, 22, 26 and 31]

PRESCRIBED FORMS

Form I

[Rules 5(1) and 9(2)]

ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION

The Legal Practitioners Act

(Laws, Volume 4, Cap. 30)

The Zambia Institute of Advanced Legal Education (Students) Rules, 2021

Form II

[Rule 6]

ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION

The Legal Practitioners Act

(Laws, Volume 4, Cap. 30)

The Zambia Institute of Advanced Legal Education (Students) Rules, 2021

CERTIFICATE OF ENROLMENT

No.: ..............................................................................................

Name: ............................................................

Nationality: ..................................................

Country of residence: ...........................................

Date of birth: .................................................

Postal address: ..................................................

has this ....... day of ........., 20.. been enrolled as a Student pursuant to the provisions of section 9 of the Legal Practitioners Act.

................................................................, 20......

................................................................ (signed)

....................
Secretary

Form III

[Rule 16(5)]

ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION

The Legal Practitioners Act

(Laws, Volume 4, Cap. 30)

The Zambia Institute of Advanced Legal Education (Students) Rules, 2021

Form IV

[Rules 7, 17(2), 18(4) and (8), 26(2) and 31(1)]

ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION

The Legal Practitioners Act

(Laws, Volume 4, Cap. 30)

The Zambia Institute of Advanced Legal Education (Students) Rules, 2021

Form V

[Rule 19]

ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION

The Legal Practitioners Act

(Laws, Volume 4, Cap. 30)

The Zambia Institute of Advanced Legal Education (Students) Rules, 2021

NOTICE OF INTENTION TO SIT FOR AN EXAMINATION

To:   The Secretary
      The Council of Legal Education
      P.O. Box 50067
      LUSAKA

PART 1

I, ....................................................... (BLOCK CAPITALS)
of .............................................................
do give notice of my desire to sit for the following Parts and Heads of the ..........................
............................. Examination to be held in .................., 20......
Part Heads ................. I enclose herewith ................. fee units in payment of the prescribed fees.
My certificate of enrolment number is dated .............................................................................

I am enrolled under the provisions of section ................... of the Legal Practitioners Act.

I desire that notices in relation to the examination be sent to me at ........................

Signed: ........................................................ Date: ........., 20.....

PART 2

[To be completed by students enrolled under sections 11A(b)(iii)
and 12 of the Legal Practitioners Act]

I commenced service under articles on ..............................

I have been absent from my principal's office during the period of my articles for the following periods with/without consent of my principal for the reasons given:

............................................................................................................................................

(An absence due to ill-health for more than one month must be supported by a medical certificate.)

I have/have not engaged in other employment (if you have, give details and any consents obtained)

Signed: ...............................................................
Student

The above-named student has worked satisfactorily as an Articled Clerk and has shown himself to be a fit and proper person to be admitted as a practitioner.

Signed: ............................................ Date: ............
Principal

PART 3

[To be completed by students enrolled under section 11B of the
Legal Practitioners Act in active employment in the office of practitioner]

I commenced my period of active employment with Mr./Mrs./Ms. .......... on ...........................................................................

I have not been absent from my principal's office during my period of active employment except for the periods stated ...................................................................................................................

(An absence due to ill-health for more than one month must be supported by a medical certificate.)

I have not been engaged in other employment.

Signed: ................................................................
Student

The above-named student has worked satisfactorily during his period of active employment with me and is a fit and proper person to be admitted as a practitioner.

Signed: ............................................ Date: ............
Principal

PART 4

[To be completed by students who have attended at the Law Practice Institute
under section 11A(b)(i) or 11B(b) of the Legal Practitioners Act]

I commenced my attendance at the Law Practice Institute on ......................... and completed the course on ........., 20....

Signed: ................................................................
Student

I certify that the above-mentioned student has duly fulfilled the requirements of the course which he has attended during the year ...... 20.......

Signed: ....................................................................
Director

Date: ................................, 20...........

Form VI

[Rule 22]

ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION

The Legal Practitioners Act

(Laws, Volume 4, Cap. 30)

The Zambia Institute of Advanced Legal Education (Students) Rules, 2021

Form VII

[Rule 26]

ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION

The Legal Practitioners Act

(Laws, Volume 4, Cap. 30)

The Zambia Institute of Advanced Legal Education (Students) Rules, 2021

CERTIFICATE OF COMPLETION LEGAL PRACTITIONERS QUALIFYING EXAMINATION

This is to certify that

...........................................

has successfully completed the Legal Practitioners Qualifying Examination

............................................

..............................................

Dated this ..................... day of .............. 20....

Signed:

................
Director

SECOND SCHEDULE

[Rule 13(6)]

TERM OF ARTICLES

1. In the case of a person who, before entering into articles, has taken a degree, not being an honorary degree, at the University of Zambia or at any University specified in the Fourth Schedule, or such other University as the Council may from time to time recognise, or is in a position to supplicate for such degree, the term shall be three years.

2. In the case of a person who before entering into articles has acquired practical experience over such period and of such nature as may be approved by the Council the term shall be fixed by the Council but shall not in any case be less than three years.

3. In any other case the term shall be five years.

THIRD SCHEDULE

[Rule 28]

APPROVED HIGHER EDUCATION INSTITUTIONS

1. Any University of a self-governing State which is, or was at any time, a member State or was part of a member State of the Commonwealth of Nations and which applies as its predominant basic system of law the Common Law.

2. Any University of the United Kingdom or the Republic of Ireland.

FOURTH SCHEDULE

[Rule 35]

PRESCRIBED FEES

Description

Fee Units

Legal Practitioners Qualifying Examination (the fees which shall be payable by a student upon entry for each Head of the Examination for which notice of entry has been given):

(a) First sitting per Head

2500

(b) Re-sitting per Head

2833

Prescribed Examination (the fees which shall be payable by a student upon entry for each Head of the Examination for which notice of entry has been given):

(a) First sitting per Head

2500

(b) Re-sitting per Head

2833

Enrolment as student

5000

Duplicate certificate of enrolment

5000

Re-enrolment

5000

Exemption per Head

5000

Examination petition

5000

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