HIGHER EDUCATION ACT: INDEX TO SUBSIDIARY LEGISLATION

University of Zambia (Staff Tribunal) Rules

Mulungushi University (Establishment) Regulations

Mulungushi University (Staff Tribunal) Rules

Kwame Nkrumah University (Declaration) Order

Mukuba University (Declaration) Order

Chalimbana University (Declaration) Order

Higher Education (Higher Education Quality Assurance System) Regulations

Education (Military Training Establishment of Zambia Management) (Dissolution) Regulations

Zambia Defence University (Declaration) Order

Levy Mwanawasa Medical University (Declaration) Order

Education (Levy Mwanawasa General Hospital Board and National Health Training Institute Management) (Dissolution) Regulations

Education (Palabana Dairy Institute Board) (Dissolution) Regulations

Palabana University (Declaration) Order

Education (Public Higher Education Institution) (Declaration) Order

UNIVERSITY OF ZAMBIA (STAFF TRIBUNAL) RULES

[Section 30]

Arrangement of Rules

    Rule

    1.    Title

    2.    Interpretation

    3.    Initiation of Proceedings

    4.    Notice of Hearing

    5.    Appearance before Tribunal

    6.    Non-Appearance

    7.    Tribunal Hearings

    8.    Respondent’s Evidence

    9.    Notice to produce documents

    10.    Power of Tribunal to summon a person

    11.    Oath or affirmation

    12.    Additional information

    13.    Tribunal may receive evidence

    14.    Decision of Tribunal

    15.    Procedure at hearing

    16.    Quorum

    17.    Proceedings of Tribunal

    18.    Tribunal may correct error

    19.    Service of documents

    20.    Tribunal to observe principles of natural justice

SI 96 of 2007.

1.Title

These Rules may be cited as the University of Zambia (Staff Tribunal) Rules.

2.    Interpretation

In these Rules, unless the context otherwise requires—

"Act" means the University Act, 1999;

"complaint" means a statement regarding misconduct or failure by an academic or administrative member of staff to perform the functions of office;

"Chairperson" means the person appointed as Chairperson of the Tribunal under section 29 of the Act;

"complainant" means the Vice Chancellor, Dean of School, a principal officer, the Director of an institute, bureau or other body of the University, being the person or body who refers a complaint to the Tribunal;

"Council" means the Council of the University of Zambia;

"Legal Practitioner" has the meaning assigned to it in the Legal Practitioner’s Act;

"respondent" means the academic or administrative member of staff referred to in section 24 of the Act against whom a complaint is made to the Tribunal;

"Secretary" the Secretary to the Tribunal;

"Tribunal" means the University of Zambia Staff Tribunal.

3.    Initiation of proceedings

    (1) The Secretary shall, where a complaint is received by the Tribunal under sections 27 and 28 of the Act, within seven days of receipt of the complaint notify the respondent against whom the complaint is made.

    (2) The notification referred to under sub-rule (1) shall be served personally upon the respondent or by registered post or by leaving it at the last known address of the respondent.

    (3)    The respondent shall, upon receipt of a complaint, within seven days, file a reply to the complaint with the Secretary, and the Secretary shall serve a copy of the complaint.

    (4) The Secretary shall cause the notice of the date, time and place of the Tribunal to be served upon the complainant and the respondent.

4.    Notice of hearing [missing]

5.    Appearance before Tribunal

    (1) The Respondent shall be afforded an opportunity to appear in person and be heard by the Tribunal or be represented by a Legal Practitioner or Union representative of the respondent’s choice.

    (2) The complainant who referred the allegation to the Tribunal shall appear before the Tribunal.

6.    Non-appearance

The Tribunal may, where a party fails to appear without reasonable cause at the time and place fixed for the hearing of the complaint, and the Tribunal is satisfied that the notice of the hearing was duly given to the relevant party or parties—

    (a)    dispose of the complaint in the absence of the parties; or

    (b)    adjourn the hearing on such terms as the Tribunal considers appropriate.

7.    Tribunal hearing

    (1) At the hearing, the complainant shall present the facts on which the complaint is based.

    (2) The complainant and the respondent may call witness to adduce evidence.

    (3) The respondent shall adduce evidence to rebut the evidence of the complainant.

    (4) The complainant may address the Tribunal by way of reply to the respondent’s case.

    (5) Both parties may at the conclusion of the hearing present oral or written submissions to the Tribunal.

8.    Respondent’s evidence

The respondent may give evidence on the respondent’s own behalf and may call witnesses in support of the respondent’s case.

9.    Notice to produce documents

A party may, at any time during the hearing, give to the other party notice to produce any document alleged to be in possession of that party to which the allegation relates.

10.    Power of Tribunal to summon any person

The Tribunal may summon any member of staff of the University, or request any other person to appear before it to—

    (a)    testify to all matters within that person’s knowledge;

    (b)    produce any document, book or record in that person’s possession or control; or

    (c)    be examined or cross-examined, in the matter to which the complaints relate.

11.    Oath or affirmation

The Tribunal may require a witness to give evidence on oath or affirmation.

12.    Additional information

The Tribunal may receive such additional information during the hearing relating to the complaint as it may consider necessary to enable it dispose of a matter.

13.    Tribunal may receive evidence

    (1) The Tribunal may receive as evidence, any statement, document, information or other matter that may assist it to deal effectively with a complaint, whether or not the evidence would be admissible in a court of law.

    (2) The Tribunal may take judicial notice of any fact.

14.    Decision of Tribunal

    (1) A decision of the Tribunal shall be in writing and shall contain the following—

    (a)    the funding of the Tribunal on each issue of fact or law raised in the proceedings;

    (b)    the reason for the Tribunal’s findings; and

    (c)    the decision.

    (2) The Secretary shall send a copy of the decision of the Tribunal to the Council for implementation.

15.    Procurement at hearing

Subject to the other provisions of these Rules and to any direction given by the Chairperson, the Tribunal may regulate its own procedure.

16.    Quorum

Three members of the Tribunal shall constitute a quorum:

Provided that no meeting shall commence without the Chairperson.

17.    Proceedings of Tribunal

The Tribunal shall hold its proceedings in camera.

18.    Tribunal may correct error

The Tribunal may, at any time before a decision is made, by certificate signed the Chairperson, correct any error or omission in the record or proceedings.

19.    Service of documents

A document required by these Rules to be served shall be served by delivering it personally to the person to be served, or by sending it by registered post to the person’s last known address.

20.    Tribunal to observe principles of natural justice

The Tribunal shall observe the principles of natural justice and shall hear all the evidence tendered and representations made by, or on behalf of the parties.

MULUNGUSHI UNIVERSITY (ESTABLISHMENT) REGULATIONS

[Section 3]

Arrangement of Regulations

    Regulation

PART I
PRELIMINARY

    1.    Title

    2.    Interpretation

    3.    Establishment of public University

    4.    Functions of University

    5.    Appointment of Chancellor

PART II
THE COUNCIL

    6.    Establishment of Council of University

    7.    Functions of the Council

    8.    Dissolution of Council

    9.    Management of property

    10.    Restriction on execution against property of Council.

PART II
SENATE

    11.    Constitution of senate

    12.    Powers and functions of Senate

PART IV
STAFF AND STUDENTS

    13.    Staff of University

    14.    Students

    15.    Application of Act

    16.    Application of Act No. 18 of 2005

PART I
PRELIMINARY

SI 105 of 2007.

1.    Title

These Regulations may be cited as the Mulungushi University (Establishment) Regulations.

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"Act" means the University Act, 1999;

"Bursar" means the person appointed as Bursar of the University pursuant to section 12 of the Act;

"Chancellor" means the person appointed as Chancellor of the University pursuant to section 7 of the Act;

"College" means the former National College for Management and Development Studies;

"Council" means the Council of the University established under regulation 6;

"Dean of students" means the person appointed as Dean of Students of the University pursuant to section 13 of the Act;

"Deputy Vice-Chancellor" means the person appointed as Deputy Vice-Chancellor of the University pursuant to section 9 of the act;

"Librarian" means the person appointed as Librarian of the University pursuant to section 11 of the Act;

"Registrar" means the person appointed Registrar of the University pursuant section 10 of the Act;

"Senate" means the Senate constituted under regulation 11;

"University" means the Mulungushi University established by regulation 3; and

"Vice Chancellor" means the person appointed as Vice Chancellor of the University pursuant to section 8 of the Act.

3.    Establishment of public University

    (1) There is hereby established the Mulungushi University which shall be a public University.

    (2) The University shall be administered in accordance with the provisions of the Act.

4.    Functions of University

The functions of the University shall be as specified in section 6 of the Act.

5.    Appointment of Chancellor

    (1) The Chancellor shall be appointed by the President in accordance with section 7 of the Act.

    (2) The Vice-Chancellor, Deputy Vice-Chancellor, Registrar, Bursar, Librarian and Dean of student of the University shall be appointed in accordance with sections 8, 9, 10, 11, 12 and 13 of the Act.

    (3) Section 15 of the act shall apply to the appointment of Vice-Chancellor and the deputy Vice-Chancellor of the University.

PART II
THE COUNCIL

6.    Establishment of Council of University

    (1) There is hereby established a Council for the University which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name, and with power, subject to the other provisions of the Act, to do all such acts and things as a body corporate may, by law, do or perform and as are necessary for, or incidental to, the carrying out of its functions under the Act.

    (2) The provisions of Parts I and II of the First Schedule to the Act shall apply to the Council.

7.    Functions of the Council

The functions of the Council shall be as specified in section 17 of the Act.

8.    Dissolution of Council

The Minister may, where the circumstances of the case so require, dissolve the Council in accordance with section 18 of the Act.

9.    Management of property

The Council shall manage and utilise all funds, assets and property of the University in accordance with the Act.

10.    Restriction on execution against property of Council.

Section 21of the Act shall apply to the Council.

PART II
SENATE

11.    Constitution of senate

    (1) There is hereby constituted the Senate for the University which shall be the supreme academic authority of the University.

    (2) The provisions of Part II of the First Schedule to the Act shall apply to the Senate.

12.    Powers and functions of Senate

The powers and functions of the Senate shall be as specified in section 23 of the Act.

PART IV
STAFF AND STUDENTS

13.    Staff of University

The provisions of Divisions 2.5 of the Act shall apply with respect to the staff of the University.

14.    Students

The provisions of Division 2.6 of the Act shall apply with respect to the students of the University.

15.    Application of Act

Part IV of the Act and any other provisions of the Act which relate to the administration of a public University and which are not specifically referred to in these Regulations shall apply to the University.

16.    Application of Act No. 18 of 2005

The provisions of sub-section (2) of sections 5, 6, 7 and 8 of the National College for Management and Development Studies (Repeal) Act, 2005, relating to the vesting of assets and liabilities of the Council of the College, the registration of property to be transferred by the Council of the College, the legal proceedings and staff of the Council of the College, respectively, shall take effect on or after the date of the commencement of these Regulations.

MULUNGUSHI UNIVERSITY (STAFF TRIBUNAL) RULES

[Section 30]

Arrangement of Rules

    Rule

PART I
PRELIMINARY

    1.    Title

    2.    Interpretation

PART II
MAKING OF COMPLAINT

    3.    Initiation of proceedings

    4.    Power to require further particulars

    5.    Notice of hearing

PART III
PROCEEDINGS OF TRIBUNAL

    6.    Sittings of Tribunal

    7.    Proceedings of Tribunal

    8.    Quorum

    9.    Appearance before Tribunal

    10.    Default of appearance

    11.    Tribunal hearing

    12.    Evidence

    13.    Production of documents or information

    14.    Additional information

    15.    Interlocutory applications

    16.    Tribunal to observe principles of natural justice

    17.    Powers of Tribunal

    18.    Consent Order

    19.    Correction of errors

PART IV
DECISION OF TRIBUNAL

    20.    Decision of Tribunal

    21.    Transmission of decision

PART V
GENERAL PROVISIONS

    22.    Change of address

    23.    Service of notices, documents, etc.

    24.    Appeal

Act 11 of 1999,

SI 5 of 2011.

PART I
PRELIMINARY

1.    Title

These Rules may be cited as the Mulungushi University (Staff Tribunal) Rules.

2.    Interpretation

In these Rules, unless the context otherwise requires—

"Chairperson" means the person appointed as Chairperson of the Tribunal under section 29 of the Act;

"complainant" means the Vice-Chancellor, Dean of School, a principal officer, the Director of an institute, bureau or other body of the University, being the person or body who refers a complaint to the Tribunal;

"complaint" means a statement regarding misconduct or failure by an academic or administrative member of staff to perform the functions of office;

"Council" means the Council of the University;

"Legal Practitioner" has the meaning assigned to it in the Legal Practitioners’ Act;

"party" means a party to the proceedings;

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

"Respondent" means the academic or administrative member of staff referred to in section 24 of the Act against whom a complaint is made to the Tribunal;

"Secretary" means the Secretary to the Tribunal;

"Tribunal" means the Mulungushi University Staff Tribunal; and

"University" means the Mulungushi University.

PART II
MAKING OF COMPLAINT

3.    Initiation of proceedings

    (1) The Secretary shall, where the Tribunal receives a complaint under sections 27 and 28 of the Act, within seven days of receipt of the complaint, notify the respondent.

    (2) The notification required to be made under sub-rule (1) shall be served personally upon the respondent or by registered post or by leaving it at the last known address of the respondent.

    (3) The respondent shall, within seven days of receipt of a complaint, file a reply with the Secretary, and the Secretary shall send a copy of the reply to the complainant.

4.    Power to require further particulars

    (1) The Secretary may, subject to any direction by the Chairperson, at any time after receiving a complaint, require the complainant to furnish a statement setting out further and better particulars of the grounds on which the complainant intends to rely and any relevant facts and contentions.

    (2) The complainant shall send the statement referred to in sub-rule (1) in duplicate to the Secretary within such time as the Chairperson may direct, not being more than 14 days from the date of the requirement under sub-rule (1), together with copies of the statement to such other persons who are parties to the complaint as the Secretary may determine.

    (3) The Secretary shall, upon receiving the statement referred to in sub-rule (2), send the duplicate statement to the respondent.

5.    Notice of hearing

    (1) The Secretary shall cause the notice of the date, time and place of the Tribunal to be served upon the complainant and the respondent.

    "/>(2) A party to whom notice is sent under sub-rule (1) may apply to the Secretary for an alteration of the place or date of hearing.

PART III
PROCEEDINGS OF TRIBUNAL

6.    Sittings of Tribunal

    (1) The Tribunal shall sit at such place and times as the Chairperson may determine.

    (2) Subject to the other provisions of these Rules and to any direction given by the Chairperson, the Tribunal may regulate its own procedure.

7.    Proceedings of Tribunal

The Tribunal shall hold its proceedings in camera.

8.    Quorum

Three members of the Tribunal shall constitute a quorum:

Provided that a meeting shall not commence without the Chairperson.

9.    Appearance before Tribunal

    (1) The Complainant shall appear in person before the Tribunal.

    (2) The respondent shall be afforded an opportunity to appear in person and be heard by the Tribunal or be represented by a legal practitioner or union representative of the respondent’s choice.

10.    Default of appearance

    (1) If the complainant, respondent or any other party to the proceedings does not appear at the time and place appointed for the hearing, the Tribunal may—

    (a)    dismiss the complaint;

    (b)    adjourn the hearing on such terms as the Tribunal considers appropriate; or

    (c)    hear and determine the complaint in the absence of the party or parties and may make such order as to costs as it thinks fit.

    (2) Where proceedings are dismissed or determined under this rule in the absence of a party, that party may, on an application made by that party within 14 days of the dismissal or determination, apply to the Tribunal to set aside the dismissal or determination, and give the reasons for their absence from the hearing.

    (3) Where the Tribunal is satisfied that the reasons given by a party under sub-rule (2) are sufficient to set aside the dismissal or determination made under sub-rule (1), the Tribunal may set aside that dismissal or determination.

11.    Tribunal hearing

At the hearing—

    (a)    the complainant shall present the facts on which the complaint is based;

    (b)    the respondent shall adduce evidence to rebut the evidence of the complainant;

    (c)    the complainant may address the Tribunal by way of reply to the respondent’s evidence;

    (d)    the complainant and the respondent may call a witness to adduce evidence; and

    (e)    both parties may, at the conclusion of the hearing, present oral or written submission to the Tribunal.

12.    Evidence

    (1) The Tribunal may receive, as evidence, any statement, document, information or other matter that may assist it to deal effectively with a complaint, whether or not the evidence would be admissible in a court of law.

    (2) The Tribunal may take judicial notice of any fact.

    (3) Evidence before the Tribunal may be given orally or, if the parties to the proceedings consent or the Chairperson of the Tribunal so orders, by affidavit.

    (4) The Tribunal may, at any stage of the proceedings, make an order requiring the personal attendance of any deponent for examination and cross-examination.

13.    Production of document or information

    (1) A party may, at any time during the hearing, give to the other party notice to produce any document to which the complaint relates alleged to be in possession of that party.

    (2) A party to the proceedings shall, on request, produce to the Secretary, any document or other information which the Tribunal may require and which is in the power of that party to produce, and shall afford to every party to the proceedings an opportunity to inspect those documents or copies of the documents and to take copies of the documents.

14.    Additional information

The Tribunal may, during the hearing receive such additional information relating to the complaint as it may consider necessary to enable it to dispose of a matter.

15.    Interlocutory applications

    (1) Except where these Rules otherwise provide, an application for directions of an interlocutory nature in connection with any proceedings shall, unless otherwise ordered by the Chairperson, be made to the Secretary.

    (2) An interlocutory application shall be made in writing and shall state the title of the proceedings and the grounds upon which the application is made.

    (3) Where an interlocutory application is made with the consent of all the parties it shall be accompanied by consents signed by, or on behalf of, the parties.

    (4) Where an interlocutory application is not made with the consent of every party, a copy shall, before it is made, be served on every other party and the interlocutory application shall state that this has been done.

    (5) A party who objects to an interlocutory application may, within 14 days after the service of a copy on the party, send written notice of objection to the Secretary and a copy to the applicant.

    (6) The Secretary shall, before making an order on an interlocutory application, consider all the objections received in relation to the interlocutory application and, if any party wishes to be heard, the Secretary shall give the party and every other party an opportunity to be heard.

    (7) The Secretary may, and shall, if required by the applicant or by a party objecting to an interlocutory application under this rule, refer an interlocutory application to the Chairperson for decision.

    (8) A party aggrieved with a decision of the Secretary on an interlocutory application under this rule may appeal to the Chairperson by giving notice, in writing, to the Secretary and to every other party, within 14 days after service on the party of the notice of the decision or within such further time as may be allowed by the Secretary.

    (9) An appeal from a decision of the Secretary shall not act as a stay of proceedings unless so ordered by the Chairperson.

    (10) The powers of the Chairperson under this rule may be exercised and discharged in relation to the application by any member of the Tribunal authorised by the Chairperson.

16.    Tribunal to observe principles of natural justice

The Tribunal shall observe the principles of natural justice and shall hear all the evidence tendered and representations made by, or on behalf of, the parties.

17.    Powers of Tribunal

    (1) The Tribunal may summon any member of staff of the University or request any other person to appear before it to—

    (a)    testify to all matters within that person’s knowledge;

    (b)    produce any document, book or record in that person’s possession or control; or

    (c)    be examined or cross-examined in relation to the complaint.

    (2) The Tribunal may administer oaths or affirmations for the purpose of proceedings.

18.    Consent order

Where the parties agree upon the terms of an order to be made by the Tribunal, particulars of the terms, signed by all the parties or by their legal representatives or agents, shall be sent to the Secretary, and an order may be made by the Tribunal in accordance with those terms in the absence of the parties.

19.    Correction of errors

The Tribunal may, at any time before a decision is made, by certificate signed by the Chairperson, correct any error or omission in the record of proceedings.

PART IV
DECISIONS OF TRIBUNAL

20.    Decision of Tribunal

A decision of the Tribunal shall be in writing and shall contain the following—

    (a)    the finding of the Tribunal on each issue of fact or law raised in the proceedings; and

    (b)    the reason for the Tribunal’s findings.

21.    Transmission of decision

    (1) The Secretary shall, within seven days of the date of the decision of the Tribunal, send the decision of the Tribunal to the parties and to the Registrar.

    (2) The Secretary shall send a copy of the decision of the Tribunal to the Council for implementation.

PART V
GENERAL PROVISIONS

22.    Change of address

Where a party changes their address they shall, by notice, in writing, to the Secretary and to every other party inform the Secretary and the parties of the change.

23.    Service of notices, documents etc.

    (1) A document required by these Rules to be served shall be served by delivering it personally to the person to be served, or be sending it by sending it by registered post to that person’s last known address.

    (2) An application or communication to be made to the Tribunal in respect of any matter before the Tribunal shall be addressed to the Secretary.

    (3) Where a person to whom any notice or other document is required to be sent for the purpose of these Rules cannot be found, is dead, has no personal representative or is out of Zambia, or if for any other reason service upon the party cannot be readily effected in accordance with these Rules, the Chairperson may make an order for substituted service upon such other person or in such other form as the Chairperson may think fit.

24.    Appeal

A person aggrieved with the decision of the Tribunal may, within 30 days of receiving the decision, appeal to the Industrial Relations Court.

KWAME NKRUMAH UNIVERSITY (DECLARATION) ORDER

[Section 14]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Declaration of Kwame Nkrumah University

SI 106 of 2013.

1.    Title

This Order may be cited as the Kwame Nkrumah University (Declaration) Order.

2.    Declaration of Kwame Nkrumah University

The Kwame Nkrumah Teachers' College is declared Kwame Nkrumah University.

MUKUBA UNIVERSITY (DECLARATION) ORDER

[Section 14]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Declaration of Mukuba University

SI 108 of 2013.

1.    Title

This Order may be cited as the Mukuba University (Declaration) Order.

2.    Declaration of Mukuba University

The Copperbelt Secondary Teachers' College is declared Mukuba University.

CHALIMBANA UNIVERSITY (DECLARATION) ORDER

[Section 14]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Declaration of Mukuba University

SI 110 of 2013.

1.    Title

This Order may be cited as the Chalimbana University (Declaration) Order.

2.    Declaration of Chalimbana University

The National in-Service Teachers' College is declared Chalimbana University.

HIGHER EDUCATION (HIGHER EDUCATION QUALITY ASSURANCE SYSTEM) REGULATIONS

[Section 52]

Arrangement of Regulations

    Regulation

PART I
PRELIMINARY

    1.    Title

    2.    Interpretation

PART II
REGISTRATION OF PRIVATE HIGHER EDUCATION INSTITUTION

    3.    Application for registration

    4.    Institutional audit and physical inspection of premises

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    5.    Certificate of registration

PART III
ACCREDITATION OF LEARNING PROGRAMMES IN HIGHER EDUCATION INSTITUTIONS

    6.    Purpose of accreditation

    7.    Application for accreditation

    8.    Criteria for accreditation

    9.    Certificate of accreditation

    10.    Proprietor not to offer unaccredited learning programme

    11.    Review and alteration of accredited programme

    12.    Suspension and revocation of accreditation

    13.    Renewal of accreditation

    14.    Display of certificate of accreditation

    15.    Publication of accredited learning programmes

PART IV
CLASSIFICATION OF HIGHER EDUCATION INSTITUTIONS

    16.    Application for classification

    17.    Publication of classification

PART V
GENERAL PROVISIONS

    18.    Duplicate certificate of registration or accreditation

    19.    Fees

    20.    Appeals

        FIRST SCHEDULE

        SECOND SCHEDULE

SI 25 of 2016.

PART I
PRELIMINARY

1.    Title

These Regulations may be cited as the Higher Education (Higher Education Quality Assurance System) Regulations.

2.    Interpretation

In these Regulations, unless the context otherwise requires—

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

"Higher education institution" has the meaning assigned to it in the Act;

"operational plan" means a plan approved by the Authority in accordance with section 17 of the Act;

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

"Zambia Qualifications Authority" means the Authority established under section 7 of the Zambia Qualifications Authority Act, 2011.

PART II
REGISTRATION OF PRIVATE HIGHER EDUCATION INSTITUTION

3.    Application for registration

A person who intends to operate a private higher education institution shall apply to the Authority for registration in Form I set out in the First Schedule upon payment of the fee set out in the Second Schedule.

4.    Institutional audit and physical inspection of premises

The Authority shall for the purposes of ensuring compliance with the Act and verification of the information provided in the application by the private higher education institution, conduct—

    (a)    an institutional audit; and

    (b)    a physical inspection of the premises to be used.

5.    Certificate of registration

    (1) The Authority shall, where it approves an application for registration, issue an applicant with a certificate of registration in Form V set out in the First Schedule.

    (2) A private higher education institution with more than one campus shall be issued with a separate certificate for each campus.

PART III
ACCREDITATION OF LEARNING PROGRAMMES IN HIGHER EDUCATION INSTITUTIONS

6.    Purpose of accreditation

The Authority shall accredit learning programmes offered in a higher education institution for the purpose of—

    (a)    setting and safeguarding the quality of academic programmes;

    (b)    recognising learning programmes;

    (c)    ensuring the continuous improvement of the quality of academic programmes;

    (d)    providing the public with notice that a higher education institution meets the standards of the Zambia Qualifications Authority; and

    (e)    developing institutional arrangement.

7.    Application for accreditation

    (1) A higher education institution shall apply to the Authority for the accreditation of a learning programme in Form II set out in the First Schedule upon payment of the fee set out in the Second Schedule.

    (2) The Authority shall, where an application meets the requirements for accreditation, within 30 days of receipt of an application under sub-regulation (1), approve the application and inform the applicant in Form III set out in the First Schedule.

    (3) The Authority shall, where it rejects an application for accreditation, inform the applicant in Form IV set out in the First Schedule.

8.    Criteria for accreditation

The Authority shall accredit a learning programme of a higher education institution if—

    (a)    the aims and objectives of the learning programmes promote national or regional human resource development;

    (b)    the curriculum is clearly defined and responds to the demands of the labour market;

    (c)    the student enrolment in the learning programmes is clearly determined;

    (d)    the levels of qualifications conform to the National Qualifications Framework provided under the Zambia Qualifications Authority Act;

    (e)    the higher education institution has clear and defined assessment methods for Under-Graduate and Post-Graduate programmes;

    (f)    the staff to be employed are adequate for the efficient delivery of the learning programmes and possess the necessary qualifications and experience in the relevant field;

    (g)    the facilities that are required to deliver the learning programmes are sufficient;

    (h)    there are academic support services for the efficient delivery of the learning programmes;

    (i)    there are institutional management arrangements set in place for the purpose of internal quality assurance; and

    (j)    adequate financial provision has been made or is guaranteed for the efficient delivery of the learning programmes.

9.    Certificate of accreditation

The Authority shall, where it approves an application for accreditation, issue the applicant with a certificate of accreditation in Form VI set out in the First Schedule.

10.    Proprietor not to offer unaccredited learning programme

    (1) The proprietor of a higher education institution shall not offer a learning programme for which it is not accredited.

    (2) A person who contravenes sub-regulation (2) commits an offence and is liable, upon conviction, to a fine not exceeding two thousand five hundred penalty units or to imprisonment for a period not exceeding two years, or to both.

11.    Review and alteration of accredited programme

    (1) A higher education institution shall not alter an accredited learning programme without the prior approval of the Authority.

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

    (3) The Authority shall, within 30 days of receipt of the application to alter an accredited learning programme, approve the application if the proposed alteration meets the requirement of these Regulations.

    (4) An alteration of accreditation approval shall be in Form III set out in the First Schedule.

12.    Suspension and revocation of accreditation

    (1) The Authority shall, where a higher education institution fails to comply with the standards set out under regulation 8, issue a notice of intention to revoke its accreditation in Form VIII 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 higher 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 representation in writing to the Authority, stating why the accreditation shall not be revoked.

    (4) Where the higher education institution fails to remedy the default, the Authority shall revoke the accreditation issued to the higher education institution and notify the higher education institution in Form IX set out in the First Schedule.

    (5) The Authority shall, where it revokes the accreditation of a higher education institution, publish a notice of revocation in the Gazette and a daily newspaper of general circulation in Zambia.

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

    (7) A higher education institution which is subject to a notice under this regulation shall meet the Authority’s administration costs and other expenses incurred in the enforcement of this regulation.

13.    Renewal of accreditation

    (1) A higher education institution may apply for the renewal of accreditation of a learning programme to the Authority in Form II set out in the First Schedule.

    (2) The Authority shall, where a higher education institution complies with these Regulations renew its accreditation of a learning programme.

14.    Display of certificate of accreditation

The higher education institution shall display—

    (a)    in a conspicuous place on its premises, the certificate of accreditation or a certified copy of the same; and

    (b)    in its official documents, its accreditation number and an indication that it is accredited.

15. Publication of accredited learning programmes

The Authority shall, within the first quarter of the year, publish in the Gazette and a daily newspaper of general circulation the learning programmes accredited in the higher education institutions.

PART IV
CLASSIFICATION OF HIGHER EDUCATION INSTITUTIONS

16.    Application for classification

    (1) A higher education institution may apply to the Authority for classification in Form X set out in the First Schedule.

    (2) The Authority shall, within 30 days of receipt of an application under sub-regulation (1), where the application meets the requirements for classification, approve the application in Form III set out in the First Schedule.

    (3) The Authority shall, where it rejects an application for classification, inform the applicant in Form IV set out in the First Schedule.

17.    Publication of classification

The authority shall, publish a list of the classifications of higher education institutions within the first quarter of the year, in the Gazette and a daily newspaper of general circulation in Zambia.

PART V
GENERAL PROVISIONS

18.    Duplicate certificate of registration or accreditation

    (1) A higher education institution whose certificate of registration or accreditation is destroyed or lost may apply to the Authority for a duplicate certificate in Form XI set out in the First Schedule upon payment of the fee set out in the Second Schedule.

    (2) The Authority may, upon receipt of an application under sub-regulation (1), issue a duplicate certificate of registration or accreditation in Form V or VI set out in the First Schedule respectively.

19.    Fees

The fees set out in the Second Schedule are the prescribed fees for the matters specified in the Schedule.

20.    Appeals

A person who is aggrieved with the decision of the Authority under these Regulations may appeal to the Minister within 30 days of the service of the decision on that person.

FIRST SCHEDULE

[Regulations 3, 5, 7, 9, 11(2), 11(4), 12(1), 12(4), 13(1), 16(1), 16(2), 16(3) and 18]

FORM I

[Regulation 3]

FORM II

[Regulations 7(1) and 13(1)]

FORM III

[Regulations 7(2), 11(4) and 16(2)]

FORM IV

[Regulations 7(3) and 16(3)]

FORM V

[Regulation 5]

FORM VI

[Regulation 9]

FORM VII

[Regulation 11(2)]

FORM VIII

[Regulation 12(1)]

FORM IX

[Regulation 12(4)]

FORM X

[Regulation 16(1)]

FORM XI

[Regulation 18]

SECOND SCHEDULE

[Regulations 3, 7, 18 and 19]

FEES

EDUCATION (MILITARY TRAINING ESTABLISHMENT OF ZAMBIA MANAGEMENT) (DISSOLUTION) REGULATIONS

[Section 52]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Interim arrangements

    4.    Appointment Committee

    5.    Vesting of assets and liabilities

    6.    Registration of property to be transferred by Establishment Management

    7.    Legal proceedings

    8.    Staff of Establishment Management

SI 2 of 2018.

1.    Title

These Regulations may be cited as the Education (Military Training Establishment of Zambia Management) (Dissolution) Regulations.

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"appointed date" means the date on which the Establishment is Declared a public university by the Zambia Defence University (Declaration) Order, 2018;

"Establishment" means the Military Training Establishment of Zambia;

"Management" means the Military Training Establishment of Zambia Management;

"public university" means a higher education institution established or declared as a public university under section 14 of the Higher Education Act, 2013; and

"Secretary to the Treasury" means the Secretary to the Treasury appointed under Article 183 of the Constitution.

3.    Interim arrangements

    (1) The Management shall, from the commencement of these Regulations, act in all matters in accordance with the directions of the Minister and the Secretary to the Treasury.

    (2) The Minister shall, where the Minister is satisfied on the advice of the Secretary to the Treasury, that necessary arrangements have been made for converting the Establishment into a public university, direct that the Management be dissolved on the appointed date.

4.    Appointment Committee

The Secretary to the Treasury shall, for the purposes of winding up the affairs of the Management, appoint a committee pursuant to section 43 of the Public Finance Act, 2004.

5.    Vesting of assets and liabilities

    (1) The Management may, until the appointed date, subject to the direction of the Minister and the Secretary to the Treasury, do anything which is necessary or expedient for the purpose of converting the Establishment into a public university, including entering into and carrying out agreements and arrangements for the transfer of the Management’s property, rights, liabilities and obligations to the Zambia Defence University.

    (2) On the appointed date, there shall be transferred to and vest in or subsist against the Zambia Defence University, by virtue of these Regulations without further assurance, the affairs of the Management and subject to these Regulations all property, rights, liabilities and obligations which immediately before the appointed date were the property, rights, liabilities and obligations of the Management.

    (3) Subject to these Regulations, a deed, bond or agreement, other than an agreement of personal service, which was subsisting immediately prior to the appointed date and was vested in the Management or to which the Management was a party, whether in writing or not, whether or not of such a nature that the property, rights, liabilities and obligations under the deed, bond or agreement could be assigned shall, unless its terms and subject matter make it impossible that it should have effect, as modified in the manner provided by this sub-regulation, have effect from the appointed date as if—

    (a)    Zambia Defence University is a party to the deed, bond or agreement and entitled to the benefit of the deed, bond or agreement;

    (b)    for any reference to the Management there were substituted, with respect to anything falling to be done on or after the appointed date, a reference to Zambia Defence University; and

    (c)    for any reference to an officer of the Management not being a party to Management and beneficially interested there were substituted as respects anything falling to be done on or after the appointed date, a reference to that officer as an officer of the Zambia Defence University.

    (4) Subject to sub-regulation (3), documents other than those referred to in that sub-regulation, which refer generally or specifically to the Management shall be construed in accordance with sub-regulation (3) as far as applicable.

6.    Registration of property to be transferred by Establishment Management

Where, under these Regulations, any property, rights, liabilities or obligations of the Management are transferred by the Management to the Zambia Defence University in respect of which transfer any law provides for registration, the Zambia Defence University shall cause to be made an application, to the appropriate registration authority, for the registration of the transfer.

7.    Legal proceedings

    (1) Without prejudice to the other provisions of these Regulations, where any property, right, liability or obligation vests in the public university by virtue of these Regulations, the public university and all other persons shall, from the appointed date, have the same rights, powers and remedies and, in particular, the same rights to institute or defend legal proceedings or to make applications to any authority for ascertaining or perfecting that right, liability or obligation as they would have if it had at all times been a right, liability or obligation of the public university.

    (2) Any legal proceedings or application to any authority pending immediately before the appointed date by or against the Management may be continued by or against Zambia Defence University.

    (3) After the appointed date, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Management may be instituted by or against the Zambia Defence University.

8.    Staff of Establishment Management

    (1) On or after the appointed date, Zambia Defence University shall on the terms and conditions as it may determine, appoint as staff of the Zambia Defence University officers of the Management that may be necessary for the performance of the functions of Zambia Defence University.

    (2) Where an officer is appointed to the service of Zambia Defence University—

    (a)    the terms and conditions of service with the Zambia Defence University shall be no less favourable than those the officer enjoyed in the service of the Management; and

    (b)    personnel of the Management who are not engaged by the Zambia Defence University under sub-regulation (2) shall be redeployed to relevant units.

ZAMBIA DEFENCE UNIVERSITY (DECLARATION) ORDER

[Section 14]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Declaration of Zambia Defence University

SI 3 of 2018.

1.    Title

This Order may be cited as the Zambia Defence University (Declaration) Order.

2.    Declaration of Zambia Defence University

The Military Training Establishment of Zambia is declared Zambia Defence University.

LEVY MWANAWASA MEDICAL UNIVERSITY (DECLARATION) ORDER

[Section 14]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Declaration of Levy Mwanawasa Medical University

SI 39 of 2018.

1.    Title

This Order may be cited as the Levy Mwanawasa Medical University (Declaration) Order.

2.    Declaration of Levy Mwanawasa Medical University

The Levy Mwanawasa Medical General Hospital and National Health Training Institute are declared the Levy Mwanawasa Medical University.

EDUCATION (LEVY MWANAWASA GENERAL HOSPITAL BOARD AND NATIONAL HEALTH TRAINING INSTITUTE MANAGEMENT) (DISSOLUTION) REGULATIONS

[Section 52]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Interim arrangements

    4.    Appointment Committee

    5.    Vesting of assets and liabilities

    6.    Registration of property to be transferred by Management

    7.    Legal proceedings

    8.    Staff of Management

SI 40 of 2018.

1.    Title

These Regulations may be cited as the Education (Levy Mwanawasa General Hospital Board and National Health Training Institute Management) (Dissolution) Regulations.

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"appointed date" means the date on which the Hospital and College is declared a public university by the Levy Mwanawasa Medical University (Declaration) Order, 2018;

"College" means the National Health Training Institute;

"Hospital" means the Levy Mwanawasa General Hospital;

"Management" means the Hospital and College Management Boards respectively;

"public university" means a higher education institution established or declared as a public university under section 14 of the Higher Education Act, 2013;

"Secretary to the Treasury" means the Secretary to the Treasury appointed under Article 183 of the Constitution; and

"University" means the Levy Mwanawasa Medical University.

3.    Interim arrangements

    (1) The Management shall, from the commencement of these Regulations, act in all matters in accordance with the directions of the Minister and the Secretary to the Treasury.

    (2) The Minister shall, where the Minister is satisfied on the advice of the Secretary to the Treasury, that necessary arrangements have been made for converting the Hospital and College into a public university, direct that the Management be dissolved on the appointed date.

4.    Appointment Committee

The Secretary to the Treasury shall, for the purposes of winding up the affairs of the Management, appoint a committee pursuant to section 43 of the Public Finance Management Act, 2018.

5.    Vesting of assets and liabilities

    (1) The Management may, until the appointed date, subject to the direction of the Minister and the Secretary to the Treasury, do anything which is necessary or expedient for the purpose of converting the Hospital and College into a public university, including entering into and carrying out agreements and arrangements for the transfer of the Management’s property, rights, liabilities and obligations to the Levy Mwanawasa Medical University.

    (2) On the appointed date, there shall be transferred to and vest in or subsist against the Levy Mwanawasa Medical University, by virtue of these Regulations without further assurance, the affairs of the Management and, subject to these Regulations all property, rights, liabilities and obligations which immediately before the appointed date were the property, rights, liabilities and obligations of the Management.

    (3) Subject to these Regulations, a deed, bond or agreement, other than an agreement of personal service, which was subsisting immediately prior to the appointed date and was vested in the Management or to which the Management was a party, whether in writing or not, whether or not of such a nature that the property, rights, liabilities and obligations under the deed, bond or agreement could be assigned shall, unless its terms and subject matter make it impossible that it should have effect, as modified in the manner provided by this sub-regulation, have effect from the appointed date as if—

    (a)    the Levy Mwanawasa Medical University is a party to the deed, bond or agreement and entitled to the benefit of the deed, bond or agreement;

    (b)    for any reference to the Management there were substituted, with respect to anything falling to be done on or after the appointed date, a reference to the Levy Mwanawasa Medical University; and

    (c)    for any reference to an officer of the Management not being a party to Management and beneficially interested there were substituted as respects anything falling to be done on or after the appointed date, a reference to that officer as an officer of the Levy Mwanawasa Medical University.

    (4) Subject to sub-regulation (3), documents other than those referred to in that sub-regulation, which refer generally or specifically to the Management shall be construed in accordance with sub-regulation (3) as far as applicable.

6.    Registration of property to be transferred by Management

Where, under these Regulations, any property, rights, liabilities or obligations of the Management are transferred by the Management to the Levy Mwanawasa Medical University in respect of which transfer any law provides for registration, the Levy Mwanawasa Teaching Hospital University shall cause to be made an application, to the appropriate registration authority, for the registration of the transfer.

7.    Legal proceedings

    (1) Without prejudice to the other provisions of these Regulations, where any property, right, liability or obligation vests in the public university by virtue of these Regulations, the public university and all other persons shall, from the appointed date, have the same rights, powers and remedies and, in particular, the same rights to institute or defend legal proceedings or to make applications to any authority for ascertaining or perfecting that right, liability or obligations as they would have if it had at all times been a right, liability or obligation of the public university.

    (2) Any legal proceedings or application to any authority pending immediately before the appointed date by or against the Management may be continued by or against Levy Mwanawasa Medical University.

    (3) After the appointed date, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Management may be instituted by or against the Levy Mwanawasa Medical University.

8.    Staff of Management

    (1) On or after the appointed date, Levy Mwanawasa Medical University shall on the terms and conditions as it may determine, appoint as staff of the Levy Mwanawasa Medical University officers of the Management that may be necessary for the performance of the functions of the Levy Mwanawasa Medical University.

    (2) Where an officer is appointed to the service of Levy Mwanawasa Medical University—

    (a)    the terms and conditions of service with Levy Mwanawasa Medical University shall be no less favourable than those the officer enjoyed in the service of the Management; and

    (b)    personnel of the Management who are not engaged by the Levy Mwanawasa Medical University under sub-regulation (2) shall be redeployed.

EDUCATION (PALABANA DAIRY INSTITUTE BOARD) (DISSOLUTION) REGULATIONS

[Section 52]

Arrangement of Regulations

    Regulation

    1.    Title

    2.    Interpretation

    3.    Interim arrangements

    4.    Appointment of Committee

    5.    Vesting of assets and liabilities

    6.    Registration of property to be transferred by Management

    7.    Legal proceedings

    8.    Staff of Board

SI 68 of 2019.

1.    Title

These Regulations may be cited as the Education (Palabana Dairy Institute Board) (Dissolution) Regulations.

2.    Interpretation

In these Regulations, unless the context otherwise requires—

"appointed date" means the date on which the College is declared a public university by the Palabana University (Declaration) Order, 2019;

"Board" means the College Management (Establishment) Order, 1965;

"College" means the Palabana Dairy Training Institute;

"Palabana University" means the College declared as a Public University by the Palabana University (Declaration) Order, 2019;

"Public University" means a higher education institution established or declared as a public university under section 14 of the Act;

"Secretary to the Treasury" means the Secretary to the Treasury appointed under Article 183 of the Constitution; and

"University" means the Palabana University.

3.    Interim arrangements

    (1) The Board shall, from the commencement of these Regulations act in all matters in accordance with the directions of the Minister and the Secretary to the Treasury.

    (2) The Minister shall, where the Minister is satisfied on the advice of the Secretary to the Treasury, that necessary arrangements have been made for converting the College into a public university, direct that the Board be dissolved on the appointed date.

4.    Appointment of Committee

The Secretary to the Treasury shall, for the purposes of winding-up the affairs of the Board, appoint a Committee pursuant to section 43 of the Public Finance Management Act, 2018.

5.    Vesting of assets and liabilities

    (1) The Board may, until the appointed date, subject to the direction of the Minister and the Secretary to the Treasury, do anything which is necessary or expedient for the purpose of converting the College into a public university, including entering into and carrying out agreements and arrangements for the transfer of the Board’s undertaking property, rights, liabilities and obligations to the Palabana University.

    (2) On the appointed date, there shall be transferred to and vest in or subsist against the Palabana University, by virtue of these Regulations without further assurance, the affairs of the Board and subject to these Regulations, all property, rights, liabilities and obligations which immediately before the appointed date were the property, rights, liabilities and obligations of the Board.

    (3) Subject to these Regulations, a deed, bond or agreement, other than an agreement of personal service, which was subsisting immediately prior to the appointed date and was vested in the Board or to which the Board was a party, whether in writing or not, whether or not of a nature that the property, rights, liabilities and obligations under the deed, bond or agreement could be assigned shall, unless its terms and subject matter make it impossible that it should have effect, as modified in the manner provided by this sub-regulation, have effect from the appointed date as if—

    (a)    the Palabana University is a party to the deed, bond or agreement and entitled to the benefit of the deed, bond or agreement;

    (b)    for any reference to the Board there were substituted, with respect to anything falling to be done on or after the appointed date, a reference to Palabana University; and

    (c)    for any reference to an officer of the Board not being a party to Board and beneficially interested, there were substituted as respect anything falling to be done on or after the appointed date, a reference to that office of the Palabana University.

    (4) Subject to sub-regulation (3), documents other than those referred to in that sub-regulation, which refer generally or specifically to the Board shall be construed in accordance with sub-regulation (3) as far as applicable.

6.    Registration of property to be transferred by Management

Where under these Regulations, any property, rights, liabilities or obligations of the Management are transferred by the Management to the Palabana University in respect of which transfer any law provides for registration, the Palabana University shall cause to be made an application, to the appropriate registration authority, for the registration of the transfer.

7.    Legal proceedings

    (1) Without prejudice to the other provisions of these Regulations, where any property, right, liability or obligation vests in the public university by virtue of these Regulations, the public university and all other persons shall, from the appointed date, have the same rights, powers and remedies and, in particular, the same rights to institute or defend legal proceedings or to make applications to any authority for ascertaining or perfecting that right, liability or obligations as they would have if it had at all times been a right, liability or obligation of the public university.

    (2) Any legal proceedings or application to any authority pending immediately before the appointed date by or against the Board may be continued by or against the Palabana University.

    (3) After the appointed date, proceeding in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Board may be instituted by or against the Palabana University.

8.    Staff of Board

    (1) On or after the appointed date, the Palabana University shall, on the terms and conditions that it may determine, appoint as staff of the Palabana University officers of the Board that may be necessary for the performance of the functions of the Palabana University.

    (2) Where an officer is appointed to the service of the Palabana University—

    (a)    the terms and conditions of service with Palabana University shall be no less favourable than those the officer enjoyed in the service of the Board; and

    (b)    employees of the Board who are not engaged by the Palabana University under sub-regulation (2) shall be redeployed.

PALABANA UNIVERSITY (DECLARATION) ORDER

[Section 14]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Declaration of Palabana University

SI 69 of 2019.

1.    Title

This Order may be cited as the Palabana University (Declaration) Order.

2.    Declaration of Palabana University

The Palabana Dairy Training Institute College is declared as the Palabana University.

EDUCATION (PUBLIC HIGHER EDUCATION INSTITUTION) (DECLARATION) ORDER

[Section 14]

Arrangement of Paragraphs

    Paragraph

    1.    Title

    2.    Declaration of Zambia University College of Technology

SI 39 of 2022.

1.    Title

This Order may be cited as the Education (Public Higher Education Institution) (Declaration) Order.

2.    Declaration of Zambia University College of Technology

    (1) The Zambia Information and Communications Technology College is declared as a Public Higher Education Institution.

    (2) The Zambia Information and Communication Technology College shall be re-named as Zambia University College of Technology.

{/mprestriction}