TEACHING PROFESSION ACT

Arrangement of Sections

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
TEACHING COUNCIL OF ZAMBIA

   3.   Establishment of Teaching Council of Zambia

   4.   Seal of Council

   5.   Composition of Council

   6.   Functions of Council

   7.   Registrar, Deputy Registrar and other staff

   8.   Inspectors

PART III
REGISTRATION OF TEACHERS

   9.   Classes of membership

   10.   Application for registration

   11.   Certificate of registration

   12.   Disqualification from registration

   13.   Changes in detail

   14.   Cancellation of registration

   15.   Application for practising certificate

   16.   Renewal of practising certificate

   17.   Cancellation of practising certificate

   18.   Regulations relating to practising certificates

   19.   Conditions of certificate

   20.   Prohibition of transfer of certificate

   21.   Reregistration

   22.   Duplicate certificate

   23.   Register

   24.   Removal and restoration of name on register

   25.   Publication of copies of register

   26.   Holding out as teacher

   27.   Offences regarding registered teachers

   28.   Recognition of foreign qualifications

   29.   Offences and penalties relating to registration

   30.   Appeals

PART IV
TRAINING OF TEACHERS

   31.   Prohibition of provision of unauthorised training programme

   32.   Application for approval of training programme

   33.   Review of approved training programme

   34.   Withdrawal of approval of training programme

   35.   Inservice education

   36.   Continuing professional development and training

   37.   Regulations relating to education and training of teachers

PART V
ACCREDITATION OF COLLEGES OF EDUCATION

   38.   Application for accreditation

   39.   Grant of accreditation

   40.   Refusal to grant accreditation

   41.   Renewal of accreditation

   42.   Revocation of accreditation

   43.   Provision of training without accreditation

   44.   Register of accredited colleges of education

PART VI
DISCIPLINARY MATTERS

   45.   Code of ethics

   46.   Professional misconduct

   47.   Initiation of disciplinary action

   48.   Disciplinary Committee

   49.   Functions of Disciplinary Committee

   50.   Proceedings of Disciplinary Committee

   51.   Powers of Disciplinary Committee

   52.   Reports by Disciplinary Committee

   53.   Appeals to High Court

   54.   Rules relating to disciplinary proceedings

PART VII
GENERAL PROVISIONS

   55.   Jurisdiction over acts committed outside Zambia

   56.   General penalty

   57.   Offences by body corporate or unincorporate body

   58.   Guidelines

   59.   Regulations

      SCHEDULE

AN ACT

to establish the Teaching Council of Zambia and define its functions and powers; provide for the regulation of teachers, their practice and professional conduct; provide for the accreditation and regulation of colleges of education; and provide for matters connected with, or incidental to, the foregoing.

[Date of Commencement: 22 March 2013]

Act 5 of 2013.

PART I
Preliminary

1.   Short title

This Act may be cited as the Teaching Profession Act 2013.

2.   Interpretation

In this Act, unless the context otherwise requires—

"aided educational institution" has the meaning assigned to it in the Education Act, 2011;

"certificate of registration" means the certificate of registration issued under section 11;

"Chairperson" means the person appointed as Chairperson under section 5;

"Code of Ethics" means the code of professional conduct and ethics adopted and published by the Council;

"college of education" has the meaning assigned to it in the Education Act, 2011;

"Council" means the Teaching Council of Zambia established under section 3;

"Disciplinary Committee" means the Committee constituted under section 48;

"educational institution" has the meaning assigned to it in the Education Act, 2011;

"inspector" means a person appointed as an inspector under section 8;

"learner" has the meaning assigned to it in the Education Act, 2011;

"practising certificate" means a certificate issued under section 15;

"private educational institution" has the meaning assigned to it in the Education Act, 2011;

"professional misconduct" has the meaning assigned to it under section 46;

"public service" means the service in an office in the Republic in respect of which the emoluments are a charge on, or paid out of the Consolidated Fund, public funds or out of moneys appropriated by Parliament;

"Register" means the register of registered teachers kept by the Registrar under section 23;

"Registrar" means the person appointed as Registrar under section 7;

"relative" in relation to a person means—

      (a)   a parent, son, daughter, brother, sister, niece, uncle, aunt, grandparent or cousin of that person or that person’s spouse; and

      (b)   a spouse of that person;

"teacher" means a person who is qualified, registered and teaches or instructs, a head of school, a principal or lecturer of a college of education, a technical education instructor, a head of department of education or an education unit at any other educational institution, other than a university;

"Vice-Chairperson" means the person appointed as Vice-Chairperson under section 5; and

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

PART II
The Teaching Council of Zambia

3.   Establishment of Teaching Council of Zambia

   (1) There is hereby established the Teaching Council of Zambia which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and shall, subject to the provisions of this Act, have power to do all such acts and things as a body corporate may, by law, do or perform.

   (2) The provisions of the Schedule apply to the Council.

4.   Seal of Council

   (1) The seal of the Council shall be such device as may be determined by the Council and shall be kept by the Registrar.

   (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Registrar or any other person authorised in that behalf by a resolution of the Council.

   (3) A contract or instrument which, if entered into or executed by a person not being a body corporate would not be required to be under seal may be entered into or executed without seal on behalf of the Council by the Registrar or any other person generally or specifically authorised by the Council in that behalf.

   (4) A document purporting to be a document under the seal of the Council or issued on behalf of the Council shall be received in evidence and shall be executed or issued, as the case may be, without further proof, unless the contrary is proved.

5.   Composition of Council

   (1) The Council shall consist of the following part-time members appointed by the Minister—

      (a)   one representative recommended by the Ministry responsible for education vocational and entrepreneurship training;

      (b)   one representative each recommended by—

      (i)   a public higher education institution;

      (ii)   a private higher education institution;

      (iii)   a public educational institution;

      (iv)   a private educational institution;

      (v)   a community educational institution; and

      (vi)   an aided educational institution;

      (c)   three representatives of the recognised teacher unions;

      (d)   a registered teacher who is a member of an association dealing with persons with disabilities;

      (e)   a representative of the Examinations Council of Zambia;

      (f)   a representative of the Teaching Service Commission; and

      (g)   two other persons with expertise in matters relating to teaching.

   (2) A person shall not be appointed as a member of the Council if the person—

      (a)   has been adjudged bankrupt under any written law;

      (b)   in the case of a teacher, has committed any professional misconduct within a period of five years preceding the appointment;

      (c)   is in lawful custody or the person’s freedom of movement is restricted under any law in force in or outside Zambia on the date of the appointment;

      (d)   in the case of a teacher, has been de-registered in accordance with section 14;

      (e)   is declared to be of unsound mind under the Mental Disorders Act; or

      (f)   has been convicted of an offence under any other written law and sentenced to a term of imprisonment exceeding six months without the option of a fine.

   (3) The Minister shall appoint the Chairperson of the Council from among the members.

   (4) The members of the Council shall elect the Vice-Chairperson of the Council from among themselves.

   (5) The Minister shall publish the names and designation of the members of the Council in a daily newspaper of general circulation in Zambia.

6.   Functions of Council

   (1) The functions of the Council are to—

      (a)   register teachers;

      (b)   regulate the professional conduct of teachers;

      (c)   accredit colleges of education, monitor quality control and assurance of education facilities and services;

      (d)   develop, maintain and improve appropriate standards of qualification in the teaching profession and promote continuing professional development amongst teachers;

      (e)   develop, promote and enforce internationally comparable teaching profession practice standards so as to improve the quality of education in Zambia and promote an understanding of professional ethics amongst the teachers;

      (f)   create awareness of the importance of protecting the public against unsound teaching practices and ensure that the rules and guidelines for professional ethics are responsive to the expectations of the public and those who rely on the teaching profession;

      (g)   investigate allegations of professional misconduct and impose such sanctions as may be necessary;

      (h)   advise the Government on matters relating to the teaching profession;

      (i)   facilitate the acquisition of knowledge by teachers through the establishment of technical libraries, and the provision of monetary grants, books, apparatus and any other facilities necessary to achieve that end;

      (j)   raise the character and status of the teaching profession to promote honourable and good practice and where necessary, declare any particular teaching practice to be undesirable for all, so as to increase the confidence of the public in teachers;

      (k)   promote, protect and advance the general interests of teachers;

      (l)   collaborate with the relevant unions on conditions of service and remuneration of teachers;

      (m)   provide a forum for the communication and interchange of views on matters relating to the teaching profession and disseminate these views to the public; and

      (n)   do all such other things as are necessary or incidental to the performance of its functions under this Act.

   (2) The Council may—

      (a)   determine and levy fees that the Council considers necessary to finance its activities under this Act;

      (b)   determine the fees payable for an inspection conducted for the purposes of this Act; and

      (c)   determine what portion of any fee is payable in respect of any part of a year and the date on which the fee or portion thereof is payable.

   (3) The validity of any proceedings, act or decision of the Council shall not be affected by any person’s absence from any meeting of the Council or by reason that a person not entitled to do so took part in the proceedings.

7.   Registrar, Deputy Registrar and other staff

   (1) The Council shall appoint a Registrar, who shall be the chief executive officer of the Council, on such terms and conditions as the Council may determine.

   (2) The Registrar shall be the Secretary to the Council and shall be responsible for the day-to-day administration of the affairs of the Council, under the supervision of the Council.

   (3) The Council shall appoint a Deputy Registrar who shall assist the Registrar in performing the Registrar’s duties under this Act.

   (4) The Registrar and Deputy Registrar shall be registered teachers.

   (5) The Council shall appoint, on such terms and conditions as the Council may determine, such other staff as may be necessary for the purposes of this Act.

8.   Inspectors

   (1) The Council shall appoint suitably qualified persons as inspectors to ensure compliance with this Act.

   (2) The Council shall provide an inspector with a certificate of appointment which shall be prima facie evidence of the inspector’s appointment as such.

   (3) An inspector shall, in performing any function under this Act—

      (a)   be in possession of the certificate of appointment referred to under subsection (2); and

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