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
Arrangement of Rules
3. Initiation of Proceedings
4. Notice of Hearing
5. Appearance before Tribunal
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
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.
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.
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.
(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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