EXAMINATIONS COUNCIL OF ZAMBIA ACT
Arrangement of Sections
Section
PART I
PRELIMINARY PROVISIONS
1. Short title and commencement
2. Interpretation
PART II
EXAMINATIONS COUNCIL OF ZAMBIA
3. Continuation of Examinations Council of Zambia
4. Functions of Council
5. Board of Council
6. Functions of Board
7. Executive Director, Secretary and other staff
PART III
ACCREDITATION OF EXAMINATION CENTRES
8. Prohibition of operation of examination centre without accreditation
9. Application for accreditation as examination centre
10. Request for additional information
11. Certificate of accreditation
12. Renewal of certificate of accreditation
13. Inspection of examination centre
14. Suspension or revocation of certificate of accreditation
15. Variation of certificate of accreditation
16. Display of certificate of accreditation
17. Assignment, cessation or transfer of certificate of accreditation
18. Surrender of certificate of accreditation on cessation of operations
PART IV
ADMINISTRATION OF EXAMINATIONS
19. Appointment of examination officer
20. Registration of candidate for examination
21. Disclosure of interest in examination and examination material
22. Examination malpractice
23. Suspension, cancellation or nullification of examination
24. Possession of offensive material and disturbances at examination centre
25. Announcement and publication of examination results
26. Withholding or nullification of examination results
27. Counterfeiting of certificate
28. Prohibition of forgery
29. Prohibition of presentation of forged certificate, examination results slip or statement of examination results
30. Prohibition of impersonation
PART V
INSPECTORATE
31. Inspectors
32. Honorary inspector
33. Power of entry, search and inspection
PART VI
GENERAL PROVISIONS
34. Registers
35. Offences relating to registration
36. Prohibition of publication or disclosure of information to unauthorised person
37. Oath of secrecy
38. Appeals
39. General offences
40. Administrative penalty
41. Offence by principal officers of body corporate or unincorporate body
42. Guidelines
43. Regulations
44. Repeal of Act No. 15 of 1983
AN ACT
to provide for the accreditation of examination centres; provide for the administration of examinations; continue the existence of the Examinations Council of Zambia and re-define its functions; constitute the Board of the Examinations Council of Zambia and provide for its functions; repeal and replace the Examinations Council of Zambia Act, 1983; and provide for matters connected with, or incidental to, the foregoing.
[On Notice]
Act 3 of 2023.
PART I
PRELIMINARY PROVISIONS
1. Short title and commencement
This Act may be cited as the Examinations Council of Zambia Act, and shall come into operation on the date that the Minister may appoint by statutory instrument.
In this Act, unless the context otherwise requires—
"associate" has the meaning assigned to the word in the Anti-Corruption Act, 2012;
"basic school" has the meaning assigned to the words in the Education Act, 2011;
"Board" means the Board of the Council constituted under section 5;
"candidate" means a person registered to take an examination under section 20;
"certificate of accreditation" means a certificate of accreditation issued under section 11;
"Chairperson" means a person appointed as Chairperson of the Board under section 5;
"Council" means the Examinations Council of Zambia continued under section 3;
"educational institution" has the meaning assigned to the words in the Education Act, 2011;
"emoluments" has the meaning assigned to the word in the Constitution;
"Emoluments Commission" means the Emoluments Commission established under the Constitution;
"examination" means an assessment administered by the Council for the award of a certificate;
"examination centre" means an educational institution duly accredited by the Council for the purposes of providing examinations in accordance with Part IV of this Act;
"examination material" includes a draft question paper, final question paper, marking scheme, specimen and any other material connected with, or related to, a current or future examination;
"examination officer" means a person appointed as an examination officer by the Council under section 19;
"Executive Director" means a person appointed as Executive Director under section 7;
"higher education institution" has the meaning assigned to the words in the Higher Education Act, 2013;
"Higher Education Authority" means the Higher Education Authority established under the Higher Education Act, 2013;
"high school" has the meaning assigned to the words in the Education Act, 2011;
"Information and Communications Technology Association of Zambia" means the Information and Communications Technology Association of Zambia established under the Information and Communications Technology Association of Zambia Act, 2018;
"possession" has the meaning assigned to the word in the Penal Code;
"relative" has the meaning assigned to the word in the Anti-Corruption Act, 2012;
"Chairperson" means a person appointed as Chairperson of the Board under section 5;
"Council" means the Examinations Council of Zambia continued under section 3;
"educational institution" has the meaning assigned to the words in the Education Act, 2011;
"emoluments" has the meaning assigned to the word in the Constitution;
"Emoluments Commission" means the Emoluments Commission established under the Constitution;
"examination" means an assessment administered by the Council for the award of a certificate;
"examination centre" means an educational institution duly accredited by the Council for the purposes of providing examinations in accordance with Part IV of this Act;
"examination material" includes a draft question paper, final question paper, marking scheme, specimen and any other material connected with, or related to, a current or future examination;
"examination officer" means a person appointed as an examination officer by the Council under section 19;
"Executive Director" means a person appointed as Executive Director under section 7;
"higher education institution" has the meaning assigned to the words in the Higher Education Act, 2013;
"Higher Education Authority" means the Higher Education Authority established under the Higher Education Act, 2013;
"high school" has the meaning assigned to the words in the Education Act, 2011;
"Information and Communications Technology Association of Zambia" means the Information and Communications Technology Association of Zambia established under the Information and Communications Technology Association of Zambia Act, 2018;
"possession" has the meaning assigned to the word in the Penal Code;
"relative" has the meaning assigned to the word in the Anti-Corruption Act, 2012;
"repealed Act" means the Examinations Council of Zambia Act, 1983;
"school for continuing education" has the meaning assigned to the words in the Education Act, 2011;
"State institution" has the meaning assigned to the words in the Constitution;
"university" has the meaning assigned to the word in the Higher Education Act, 2013;
"Vice-Chairperson" means a person appointed as Vice-Chairperson of the Board under section 5;
"Zambia Agency for Persons with Disabilities" means the Zambia Agency for Persons with Disabilities established under the Persons with Disabilities Act, 2012;
"Zambia Institute of Chartered Accountants" means the Zambia Institute of Chartered Accountants established under the Accountants Act, 2008; and
"Zambia Qualifications Authority" means the Zambia Qualifications Authority established under the Zambia Qualifications Authority Act, 2011.
PART II
EXAMINATIONS COUNCIL OF ZAMBIA
3. Continuation of Examinations Council of Zambia
(1) The Examinations Council of Zambia established under the repealed Act is continued as if established under this Act and is a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and with power, subject to the provisions of this Act, to do all acts and things that a body corporate may, by law, do or perform.
(2) The First Schedule applies to the Council.
(1) The functions of the Council are to—
(a) prepare and administer examinations at a basic school, high school and school for continuing education;
(b) monitor and supervise examinations at a basic school, high school and school for continuing education;
(c) promote the integrity of the system of examinations at a basic school, high school and school for continuing education;
(d) formulate examinations syllabi and assessment schemes;
(e) formulate and enforce examination guidelines;
(f) accredit examination centres;
(g) appoint examination officers;
(h) register candidates for examinations;
(i) award certificates to candidates who pass examinations;
(j) cause the training of examination officers;
(k) formulate a code of ethics and conduct for examination officers;
(l) collaborate with Government departments and institutions in the administration of examinations in the Republic;
(m) invite a person or body in, or outside, the Republic to assist the Council in the administration of examinations;
(n) collaborate with the Zambia Qualifications Authority for the verification of examination qualifications conferred by the Council;
(o) promote the international recognition of qualifications conferred by the Council;
(p) provide advice to a State institution on the development and use of any system of examining when requested to do so; and
(q) carry out research in examinations.
(2) The Council may determine—
(a) the fees payable for an inspection conducted or other services rendered for the purposes of this Act; and
(b) what portion of any fee is payable in respect of any part of a year and the date on which the fee or portion of the fee is payable.
(1) There is constituted the Board of the Council consisting of the following part-time members appointed by the Minister—
(a) the Chairperson, who is a recognised academician in a public university;
(b) a representative of the—
(i) ministry responsible for education;
(ii) Attorney-General;
(iii) Zambia Agency for Persons with Disabilities; and
(iv) Zambia Institute of Chartered Accountants;
(c) a representative of a faith-based organisation involved in education;
(d) a representative of a trade union for teachers; and
(e) two other persons with relevant knowledge and experience in matters relating to this Act.
(2) The ministries, institutions and organisations referred to in sub-section (1) shall nominate their representatives for appointment by the Minister.
(3) The members of the Board shall elect the Vice-Chairperson from among themselves.
(4) A person shall not be nominated or appointed as a member of the Board if that person—
(a) is not a citizen;
(b) is an undischarged bankrupt;
(c) is legally disqualified from performing the functions of a member;
(d) is convicted of an offence under any written law and sentenced to imprisonment for a term exceeding six months without the option of a fine;
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