CHAPTER 136 - UNIVERSITY ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

<TS:0.197222,NM,NO,0.39375,NM,NO,0.590278,NM,NO,0.786806,NM,NO,0.984028,NM,NO,1.18125,NM,NO,1.37778,NM,NO,1.575,NM,NO,1.96875,NM,NO,3.3125,NM,NO>University of Zambia (Staff Tribunal) Rules, 2007

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.

 

1.Title

These Rules may be cited as the University of Zambia (Staff Tribunal) Rules, 2007.

 

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.

   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.

 

4.   [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

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