CHAPTER 136 - UNIVERSITY ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Mulungushi University (Establishment) Regulations, 2007
Mulungushi University (Staff Tribunal) Rules, 2011
UNIVERSITY OF ZAMBIA (STAFF TRIBUNAL) RULES, 2007
[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.
These Rules may be cited as the University of Zambia (Staff Tribunal) Rules, 2007.
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.
(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.
9(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.
(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.
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.
(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.
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.
The Tribunal may require a witness to give evidence on oath or affirmation.
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.
(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
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(c) the decision.
(2) The Secretary shall send a copy of the decision of the Tribunal to the Council for implementation.
Subject to the other provisions of these Rules and to any direction given by the Chairperson, the Tribunal may regulate its own procedure.
Three members of the Tribunal shall constitute a quorum:
Provided that no meeting shall commence without the Chairperson.
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.
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, 2007
[Section 3]
Arrangement of Regulations
PART I
PRELIMINARY
Regulation
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.
These Regulations may be cited as the Mulungushi University (Establishment) Regulations, 2007.
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 Regulations 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.
The functions of the University shall be as specified in section 6 of the Act.
(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.
The functions of the Council shall be as specified in section 17 of the Act.
The Minister may, where the circumstances of the case so require, dissolve the Council in accordance with section 18 of the Act.
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
(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
The provisions of Divisions 2.5 of the Act shall apply with respect to the staff of the University.
The provisions of Division 2.6 of the act shall apply with respect to the students of the University.
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 Subsection (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, 2011
[Section 30]
Arrangement of Rules
PART I
PRELIMINARY
Rule
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
These Rules may be cited as the Mulungushi University (Staff Tribunal) Rules, 2011.
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
(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.
(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
(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.
The Tribunal shall hold its proceedings in camera.
Three members of the Tribunal shall constitute a quorum:
Provided that a meeting shall not commence without the Chairperson.
(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.
(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.
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.
(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.
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.
(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.
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.
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
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.
(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
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.
A person aggrieved with the decision of the Tribunal may, within 30 days of receiving the decision, appeal to the Industrial Relations Court.
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