ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
THE COUNCIL OF THE ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION

   3.   Establishment of council of the Zambia Institute of Advanced Legal Education

   4.   Functions of council

   5.   Composition of council

   6.   Tenure of Office

   7.   Seal of council

   8.   Filling of casual vacancy

   9.   Proceedings of council

   10.   Committees of council

   10A.   Accreditation Committee

   11.   Disclosure of interest

   12.   Prohibition of publication or disclosure of information to unauthorised persons

PART III
ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION

   13.   Constitution of Zambia Institute of Advanced Legal Education

   14.   Director and Deputy Director of Institute

   15.   Secretary and other staff

   16.   Prohibition and publication or disclosure of information to unauthorised persons

PART IV
FINANCIAL PROVISIONS

   17.   Funds of council

   18.   Financial year

   19.   Accounts

   20.   Annual report

PART IVA
OFFENCES RELATING TO EXAMINATIONS

   20A.   Oath of secrecy

   20B.   Disclosure of examination question etc.

   20C.   Unauthorised possesion of examination paper or information

   20D.   Loss and misuse of examination paper

   20E.   Disclosure of interest in examination or examination paper

   20F.   Nullification of examination or examination results

PART V
MISCELLANEOUS

   21.   Savings and transitional provisions

   22.   Transfer of staff

   23.   Regulations

   24.   Repeal of sections 7 to 10

AN ACT

to establish the Zambia Institute of Advanced Legal Education; to constitute the council of the Zambia Institute of Advanced Legal Education; to define the functions of the council of the Zambia Institute of Advanced Legal Education; to repeal sections seven to ten of the Legal Practitioners Act; and provide for matters connected to or incidental to the foregoing.

[1st April, 1996]

Act 10 of 1996,

Act 37 of 1996,

Act 19 of 2009,

Act 9 of 2011.

PART I
PRELIMINARY

 

1.   Short title

This Act may be cited as the Zambia Institute of Advanced Legal Education Act.

 

2.   Interpretation

In this Act, unless the context otherwise requires—

“Accreditation Committee” means the Committee established under section 10A;

[Ins by s 2 of Act 19 of 2009.]

“Chairperson” means the person appointed under section 5;

“council” means the council of the Zambia Institute of Advanced Legal Education;

“Director” means the person appointed under section 14;

“former council” means the council of Legal Education established under the Legal Practitioners Act;

“Institute” means the Zambia Institute of Advanced Legal Education;

“Secretary” means the person appointed under section 15;

“Vice-Chairperson” means the person appointed under section 5.

PART II
THE COUNCIL OF THE ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION

 

3.   Establishment of council of the Zambia Institute of Advanced Legal Education

There is hereby established the council of the Zambia Institute of Advanced Legal Education, 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 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.

 

4.   Functions of council

   (1) The functions of the council shall be to provide national, regional and international legal post-graduate studies and training in legislative drafting.

   (2) Without prejudice to the generality of sub-section (1), the functions of the council shall be to—

      (a)   set minimum educational entry qualifications of persons seeking enrolment as students of the Institute;

      (b)   provide minimum educational qualifications for students who wish to be admitted to the legal bar;

      (c)   provide training in legislative drafting;

      (d)   keep a register of all enrolled students;

      (e)    accredit law schools at private and public universities and set the criteria for accreditation;

[S 4(2)(e) subs by s 3(a) of Act 19 of 2009.]

      (f)    approve qualifications of foreign students who wish to be enrolled at the Institute;

[S 4(2)(f) subs by s 3(a) of Act 19 of 2009.]

      (g)   set and hold examinations for candidates for admission as legal practitioners;

      (h)   provide post-graduate judicial training for Magistrates and Judges;

      (i)   encourage international co-operation in post-graduate legal and legislative drafting studies provided by the council;

      (j)   provide such post-graduate courses of legal studies and set and hold examinations in such courses as the council may think necessary;

      (k)   prepare and publish a syllabus of courses of study essential for purposes of any examination set and held by the council;

      (l)   issue certificates to persons who are successful candidates of examinations conducted by the council;

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[S 4(2)(l) am by s 3(b) of Act 19 of 2009.]

      (m)   appoint the teaching staff of the institute; and

[S 4(2)(m) ins by s 3(c); am by s 3(d) of Act 19 of 2009.]

      (n)   do all such things connected with or incidental to the foregoing.

[S 4(2)(m) renumbered as s 4(2)(n) by s 3(e) of Act 19 of 2009.]

 

5.   Composition of council

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

      (a)    the Attorney-General, with the Solicitor-General as an alternate member;

      (b)    a judge nominated by the Chief Justice;

      (c)   the Director of Public Prosecutions:

      (d)   the Permanent Secretary responsible for administration in the Ministry responsible for justice;

      (e)   a representative of the Attorney-General with expertise in legislative drafting;

      (f)    a representative of the Law Association of Zambia;

      (g)    a representative of the Zambia Institute of Chartered Accountants;

      (h)   a representative of the department of the Clerk of the National Assembly;

      (i)    a dean and one senior lecturer from the Law School of a public university, nominated by the Minister responsible for education;

      (j)    a dean and one senior lecturer from the Law School of a private university, nominated by the Minister responsible for education;

      (k)   a magistrate who is admitted as a legal practitioner under the Legal Practitioners Act, nominated by the Magistrates and Judges Association of Zambia; and

      (l)   two legal practitioners appointed by the Minister.

[S 5(1) subs by s 4 of Act 19 of 2009; am by s 2(a) of Act 9 of 2011.]

   (2) The Chairperson shall be the Attorney-General.

   (3) The Vice-Chairperson shall be appointed by the Minister from amongst the members.

   (4) The Director shall be an ex-officio member of the Council

[S 5 am by Act 37 of 1996; s 5(4) subs by s 2(b) of Act 9 of 2011.]

 

6.   Tenure of Office

   (1) A member other than the members referred to in paragraph (a), (c) and (d) of section 5, shall hold office for a period of three years from the date of the member's appointment and is eligible for re- appointment for a further period of three years.

[S 6(1) subs by s 3 of Act 9 of 2011.]

   (2) A member referred to in paragraph (1) may resign upon giving one month’s notice in writing to the organisation that nominated him and to the Minister.

   (3) The Minister may remove a member—

      (a)   if the member is absent without reasonable excuse from three consecutive meetings of the council of which he has had notice;

      (b)   on ceasing to hold office which the member occupies or on ceasing to be a representative of the organisation which nominated him; or

      (c)   if he is declared bankrupt.

 

7.   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 Secretary.

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

   (3) Any 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.

 

8.   Filling of casual vacancy

Subject to section 6, whenever the office of a member becomes vacant before the expiry of the term of office, the Minister, may appoint another person to be a member in place of the member who vacates the office.

 

9.   Proceedings of council

   (1) Subject to the other provisions of this Act, the council may regulate its own procedure.

   (2) The council shall meet for the transaction of business, at least once in every three months at such places and at such times as the Chairperson may decide.

   (3) Upon giving notice of not less than fourteen days, a meeting of the council may be called by the Chairperson and shall be called if not less than one third of the members so request in writing:

Provided that, if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice.

   (4) The quorum at any meeting of the council shall be seven.

[S 9(4) am by s 4 of Act 9 of 2011.]

   (5) There shall preside at any meeting of the council—

      (a)   the Chairperson;

      (b)   in the absence of the Chairperson, the Vice-Chairperson;

      (c)   in the absence of the Chairperson and the Vice-Chairperson, such member as the members present may elect from amongst themselves for the purpose of that meeting.

   (6) A decision of the council on any question shall be by the majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to his deliberative vote.

   (7) The council may invite any person, whose presence in its opinion is desirable, to attend and to participate in the deliberations of a meeting of the council but such person shall have no vote.

   (8) The validity of any proceedings, act or decision of the council shall not be affected by any vacancy in the membership of the council or by any defect in the appointment of any member or by reason that any person not entitled so to do took part in the proceedings.

   (9) The council shall cause minutes to be kept of the proceedings of every meeting of the council and every meeting of any committee established by the council.

 

10.   Committees of council

   (1) The council may, for the purpose of performing its functions under this Act, establish committees and delegate to any such committee such of its functions as it thinks fit.

   (2) The council may appoint as members of a committee established under sub-section (1), persons who are or are not members of the council and such persons shall hold office for such period as the council may determine.

   (3) Subject to any specific or general direction of the council, any committee established under sub-section (1), may regulate its own procedure.

 

10A.   Accreditation Committee

   (1) There is hereby established the Accreditation Committee of the council which shall consist of the following members appointed by the Council—

      (a)    a judge nominated by the Chief Justice, who shall be the Chairperson;

      (b)    a representative of the Law Association of Zambia;

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

      (d)    a representative of the Ministry responsible for education;

      (e)   a dean and one senior lecturer from the Law School of a public university, nominated by the Minister responsible for education;

      (f)   a dean and one senior lecturer from the Law School of a private university, nominated by the Minister responsible for education;

      (g)    a representative of the National Institute for Public Administration;

      (h)   a representative of the Zambian Centre for Accountancy Studies; and

      (i)    the Director, as of the ex-officio member.

[S 10A(1) ins by s 5 of Act 19 of 2009; am by s 5(a) of Act 9 of 2011.]

   (2) The Vice-Chairperson shall be elected by the members from among their number.

[S 10A(2) ins by s 5 of Act 19 of 2009; am by s 5(b) of Act 9 of 2011.]

   (3) The functions of the Accreditation Committee are to—

      (a)   approve schools of law or such other institutions within or outside Zambia as schools whose training in law will be acceptable training for purposes of admission to the Institute; and

      (b)    perform any other function conferred on it by the council.

[S 10A(3) ins by s 5 of Act 19 of 2009.]

   (4) A member of the Accreditation Committee shall hold officer for a period of three years from the date of the member’s appointment and is eligible for re-appointment for a further period of three years.

[S 10A(4) ins by s 5(c) of Act 9 of 2011.]

   (5) The Council may remove a member if the member-

      (a)   is absent without reasonable excuse from three consecutive meetings of the Accreditation Committee of which the member has had notice;

      (b)   ceases to hold the office by virtue of which the member was appointed;

      (c)   is adjudged bankrupt;

      (d)   is mentally or physically incapable of performing the duties of a member of the Accreditation Committee;

      (e)   is convicted of an offence under any written law and sentenced to imprisonment for a term of six months or more; or

      (f)   is declared to be of unsound mind.

[S 10A(5) ins by s 5(c) of Act 9 of 2011.]

   (6) Five members shall form a quorum at a meeting of the Accreditation Committee.

[S 10A(4) ins by s 5 of Act 19 of 2009; renumbered as s 10A(6) by s 5(d) of Act 9 of 2011.]

   (7) Subject to any specific or general direction of the council, the Accreditation Committee may regulate its own procedure.

[S 10A(5) ins by s 5 of Act 19 of 2009; renumbered as s 10A(7) by s 5(d) of Act 9 of 2011.]

   (8) Subsections (2) to (9) of section 9 and sections 11 and 12 apply to the Accreditation Committee.

[S 10A(8) ins by s 5(e) of Act 9 of 2011.]

 

11.   Disclosure of interest

   (1) If a member is present at a meeting of the council or any committee of the council at which any matter is the subject of consideration and in which matter the member or a member’s spouse is directly or indirectly interested in a private capacity, he shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the council otherwise directs, take part in any consideration or discussion of, or vote on, any question touching such matter.

   (2) A disclosure of interest made under sub-section (1), shall be recorded in the minutes of the meeting at which it is made.

 

12.   Prohibition of publication or disclosure of information to unauthorised persons

   (1) A member of the council shall not without the consent in writing given by, or on behalf of the council, publish or disclose to any person, otherwise than in the course of his duties, the contents of any documents, communication or information whatsoever, which relates to, and which has come to his knowledge in the course of his duties under this Act.

   (2) Any person who contravenes the provisions of sub-section (1) shall be guilty of an offence and shall be liable, upon conviction to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

   (3) If any person having any information which to his knowledge has been published or disclosed in contravention of sub-section (1), unlawfully publishes or communicates any such information to any other person he shall be guilty of an offence and shall be liable, upon conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding three years or to both.

PART III
ZAMBIA INSTITUTE OF ADVANCED LEGAL EDUCATION

 

13.   Constitution of Zambia Institute of Advanced Legal Education

There is hereby constituted the Zambia Institute of Advanced Legal Education which shall be the centre for the provision of post-graduate legal studies and training in legislative drafting.

 

14.   Director and Deputy Director of Institute

   (1) The council shall appoint the Director of the Institute who shall exercise powers and perform such duties as the council may delegate to him.

   (2) The council shall appoint the Deputy Director of the Institute, who shall assist the Director in performing his duties under this Act.

 

15.   Secretary and other staff

   (1) There shall be a Secretary of the council appointed by the council on such terms and conditions as the council may determine.

   (2) The other staff of the Institute shall be appointed by the council on such terms and conditions as the council may determine.

 

16.   Prohibition of publication or disclosure of information to unauthorised persons

The provisions of section 12, shall apply with the necessary modification to the staff of the Institute.

PART IV
FINANCIAL PROVISIONS

 

17.   Funds of council

   (1) The funds of the council shall consist of such money as may—

      (a)   be appropriated by Parliament for the purposes of the council;

      (b)   be paid to the council by way of fees, levy, grants or donations; or

      (c)   vest in or accrue to the council.

   (2) The council may—

      (a)   subject to the approval of the Minister, accept money by way of donations from any source;

      (b)   subject to the approval of the Minister, raise by way of loans or otherwise, such money as it may require for the discharge of its functions; and

      (c)   charge and collect fees in respect of programmes, seminars, consultancy services and other services provided by the council.

   (3) There shall be paid from the funds of the council—

      (a)   the salaries, allowances and loans of the staff of the council;

      (b)   such reasonable travelling, transport and subsistence allowances for members of the council and any committee of the council when engaged in the business of the council, at such rates as the council may determine; and

      (c)   any other expenses incurred by the council in the performance of its functions.

   (4) The council may invest in such manner as it thinks fit such of its funds as it does not immediately require for the performance of its functions.

 

18.   Financial year

The financial year of the council shall be the period of twelve months ending on the 31st December of every year.

 

19.   Accounts

   (1) The council shall cause to be kept proper books of account and other records relating to its accounts.

   (2) The accounts of the council shall be audited annually by independent auditors appointed by the council with the approval of the Minister.

   (3) The auditors’ fees shall be paid by the council.

 

20.   Annual report

   (1) As soon as practicable, but not later than six months after the expiry of each financial year, the council shall submit to the Minister a report concerning its activities during such financial year.

   (2) The report referred to in sub-section (1), shall include a statement on the financial affairs of the council and there shall be appended to the report—

      (a)   an audited balance sheet;

      (b)   an audited statement of income and expenditure; and

      (c)   such other information as the Minister may require.

   (3) The Minister shall, not later than thirty days after the first sitting of the National Assembly next after receipt of the report referred to in sub-section (1), lay it before the National Assembly.

PART IVA
OFFENCES RELATING TO EXAMINATIONS

[Part IVA ins by s 6 of Act 19 of 2009.]

 

20A. Oath of secrecy

   (1) The council shall require a person performing the work of the council or engaged in the conduct of an examination or the handling of an examination paper, to take and subscribe before a Commissioner for Oaths, an oath of secrecy as prescribed under the Official Oaths Act.

   (2) Where a person required to take an oath under this Part expresses an objection to taking the oath or expresses a desire to make an affirmation, the person shall, without being questioned to the grounds of the person's objection or desire, make a solemn affirmation in accordance with the Official Oaths Act.

   (3) A person to whom this section applies who does or omits to do an act in contravention of an affirmation or oath of secrecy commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding three years, or to both.

[S 20A ins by s 6 of Act 19 of 2009.]

 

20B. Disclosure of examination question etc.

A person who, without lawful excuse, discloses to a person an examination question or information relating to the contents of an examination paper, commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.

[S 20B ins by s 6 of Act 19 of 2009.]

 

20C. Unauthorised possesion of examination paper or information

   (1) A person who, without lawful excuse, has in the person's possession or control, an examination paper or a part of the examination paper, or information relating to the contents of an examination paper commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.

   (2) A person who assists, or causes to be assisted, an examination candidate to obtain or gain unauthorised possession of an examination paper commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.

[S 20C ins by s 6 of Act 19 of 2009.]

 

20D. Loss and misuse of examination paper

A person who, having in the person's possession or control an examination paper or information relating to the contents of an examination paper, recklessly or negligently loses the examination paper or information, or uses the examination paper or information in a manner prejudicial to the proper and fair conduct of an examination, commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a term not exceeding five years, or to both.

[S 20D ins by s 6 of Act 19 of 2009.]

 

20E. Disclosure of interest in examination or examination paper

   (1) If a person engaged in the conduct of examinations or performing work connected with examinations is directly or indirectly interested in a private capacity in an examination or in an examination paper or information relating to the examination or examination paper, or if the spouse, child, friend or relative of the person is a candidate in the examination, that person's duties in respect of the examination disclose the interest to the council and shall, unless the council otherwise directs, cease to perform that person's duties.

   (2) A person who contravenes sub-section (1), commtis an offence and is liable, upon conviction, to fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding one year, or to both.

[S 20E ins by s 6 of Act 19 of 2009.]

 

20F. Nullification of examination or examination results

   (1) Where the council is satisfied that there has been an irregularity in the course of an examination, the council may suspend or nullify the examination or a part of the examination.

   (2) Where the council is satisfied that there is reasonable cause to believe that the examination results of a candidate have been obtained by irregular means, the council shall nullify the examination results of the candidate.

[S 20F ins by s 6 of Act 19 of 2009.]

PART V
MISCELLANEOUS

 

21.   Savings and transitional provisions

   (1) Subject to the other provisions of this Act, a person who immediately before the commencement of this Act, held office as a member of the former council shall on the commencement of this Act, hold office as a member of the council for a period of three months.

   (2) After the period referred to in sub-section (1), the members shall be appointed in accordance with this Act.

   (3) Nothing in this Act affects the rights or liabilities of any person employed by the former council immediately before the commencement of this Act.

   (4) On the commencement of this Act, all property, assets, rights, liabilities and obligations of the former council shall vest in the council established by this Act.

   (5) Any proceedings or cause of action instituted or pending by or against the former council immediately prior to the commencement of this Act, shall continue as if instituted under this Act.

 

22.   Transfer of staff

   (1) The employees of the former council shall be deemed to have been transferred to the council from the commencement of this Act.

   (2) The service of the employees referred to in sub-section (1), shall be treated as continued service.

 

23.   Regulations

The Minister may, by statutory instrument, make Regulations for the better carrying out of the purposes of this Act.

 

24.   Repeal of sections 7 to 10

Section 7 to 10 of the Legal Practitioners Act are hereby repealed.

 
 

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