HIGHER EDUCATION ACT

to provide for the establishment of the Higher Education Authority and define its functions and powers; provide for quality assurance and quality promotion in higher education; provide for the establishment, governance and regulation of public higher education institutions; provide for the registration and regulation of private higher education institutions; repeal and replace the University Act, 1999; and provide for matters connected with, or incidental to, the foregoing.

[9th August, 2013]

Act 4 of 2013,

Act 23 of 2021,

SI 72 of 2013.

PART I
PRELIMINARY

1. Short title

This Act may be cited as the Higher Education Act.

2. Interpretation

In this Act, unless the context otherwise requires-

"accreditation" means the evaluation and recognition of academic programmes to ensure that they meet the necessary quality requirements;

"affiliated institution" means a college or higher education institution affiliated to a public or private higher education institution in accordance with this Act;

[Subs by s 2(a) of Act 23 of 2021.]

"aided higher education institution" means a higher education institution which is not a public higher education institution and is established or maintained by a person, organisation or community with assistance from the Ministry responsible for higher education;

[Subs by s 2(a) of Act 23 of 2021.]

"Authority" means the Higher Education Authority established under section 4;

...

["Bursar" rep by s 2(b) of Act 23 of 2021.]

"Chancellor" means the person appointed Chancellor under paragraph 3 or 4 of the Third Schedule;

"chief financial officer" means a person appointed as chief financial officer under paragraph 11 of the Third Schedule;

[Ins by s 2(c) of Act 23 of 2021.]

"chief internal auditor" means a person appointed as a chief internal auditor under paragraph 12A of the Third Schedule;

[Ins by s 2(c) of Act 23 of 2021.]

"chief librarian" means the person appointed as chief librarian under paragraph 10 of the Third Schedule;

[Ins by s 2(c) of Act 23 of 2021.]

"citizen" has the meaning assigned to the word in the Constitution;

[Ins by s 2(c) of Act 23 of 2021.]

"college" means an institution registered or declared by statutory order as a higher education institution that provides tertiary education to the level of certificate and diploma;

[Ins by s 2(c) of Act 23 of 2021.]

"constituent college" means a college, institution or school registered or declared by statutory order as a constituent college of a higher education institution under section 38A;

[Subs by s 2(a) of Act 23 of 2021.]

"Council" means the Council of a higher education institution established under section 24;

...

["course of study" rep by s 2(b) of Act 23 of 2021.]

"Dean" means the person appointed Dean under paragraph 24 of the Third Schedule;

"Dean of Students" means the person appointed Dean of Students under paragraph 12 of the Third Schedule;

"department" means a teaching or research unit of a higher education institution recognised as a component of a school;

"Deputy Vice-Chancellor" means the person appointed Deputy Vice-Chancellor under paragraph 6 of the Third Schedule;

"Director" means the person appointed Director of an institute, bureau or similar body of a higher education institution under paragraph 24 of the Third Schedule;

"Director-General" means the person appointed as Director-General of the Authority under section 8;

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

"Framework" means the National Qualifications Framework provided for under the Zambia Qualifications Authority Act;

"higher education" means tertiary education leading to the award of a certificate, diploma, bachelor's degree, postgraduate diploma, master's degree or doctorate degree;

[Subs by s 2(c) of Act 23 of 2021.]

"higher education institution" means an institution that provides higher education on a full-time, part-time or distance learning basis;

"institute" means an institute established under section 20A created solely for the purpose of conducting research;

[Ins by s 2(c) of Act 23 of 2021.]

"institutional audit" means a quality assurance tool which involves evaluation of institutions, policies, systems, strategies and resources for quality management of the core functions of teaching, learning, research and public service using set audit criteria;

"learner" means a person who is enroled and receiving knowledge, skill or competence at a higher education institution;

"learning programme" means a process, programme of study or academic programme by which learners acquire knowledge, skill, competence, instruction, apprenticeship, training or employment;

[Subs by s 2(a) of Act 23 of 2021.]

...

["Librarian" rep by s 2(b) of Act 23 of 2021.]

"legally disqualified" means the absence of legal capacity as provided in section 4 of the Mental Health Act;

[Ins by s 2(c) of Act 23 of 2021.]

"lifelong learning" means lifelong activities undertaken by learners to continue their education, improve the acquired qualification or requalify;

"principal" means the head of a college, technical university college, university college and constituent college;

[Ins by s 2(c) of Act 23 of 2021.]

"principal officer" means the Vice-Chancellor, Deputy Vice-Chancellor, Principal, Registrar, Chief Financial Officer, Chief Librarian or Dean of Students;

[Subs by s 2(a) of Act 23 of 2021.]

"private higher education institution" means a higher education institution which is not established or maintained by the Government or a local authority out of public funds;

"proprietor" means the person or body responsible for the management of a private higher education institution;

"public funds" has the meaning assigned to it in the Public Finance Act;

"public higher education institution" means a higher education institution which is owned by the Government or a local authority and is financed out of public funds;

"qualification" means the formal recognition of a learner's achievement of the required number and range of credits or other requirements at a specified level of the Framework;

"quality assurance" means providing tangible evidence to demonstrate compliance with standards of relevant education which are accepted and recognised by employers and other educational institutions nationally and internationally;

"quality promotion" means encouragement of the development and maintenance of quality standards in institutions of higher learning;

"Register" means the register of higher education institutions kept by the Authority under section 47;

"Registrar" means the person appointed Registrar under paragraph 9 of the Third Schedule;

"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;

"repealed Act" means the University Act, 1999;

"school" means a faculty or an academic unit of a higher education institution in which teaching, learning, study and research is pursued;

[Subs by s 2(a) of Act 23 of 2021.]

"search committee" means a search committee constituted under paragraph 16 of the Third Schedule;

"Senate" means the Senate of a higher education institution constituted under section 35;

"Secretary" means the person appointed Secretary of the Authority under section 8;

"statutes" means the rules governing a higher education institution made under section 29;

"student's affairs unit" means a student's affairs unit established under paragraph 26 of the Third Schedule;

"student's union" means an association of students established under paragraph 27 of the Third Schedule;

"technical university college" means a higher education institution which does not have full university status and does not provide postgraduate education and provides programmes leading to award of certificates, diplomas and bachelor's degrees in a range of practical and technical subjects;

[Ins by s 2(c) of Act 23 of 2021.]

"technical university" means a higher education institution providing learning programmes leading to award of a certificate, diploma, bachelor's degree and postgraduate qualifications and conducts research and development in various technical subjects;

[Ins by s 2(c) of Act 23 of 2021.]

"Disciplinary Committee" means a Higher Education Institution Staff Disciplinary Committee established under paragraph 22 of the Third Schedule;

[Am by s 34 of Act 23 of 2021.]

"university" means a higher education institution which provides learning programmes leading to award of certificates, diploma, bachelor's degrees and postgraduate qualifications and conducts research and development in various academic disciplines;

[Ins by s 2(c) of Act 23 of 2021.]

"university college" means a college or institution registered or declared by statutory order as a higher education institution does not have full university status and does not provide postgraduate education, that provides tertiary education leading to award of a certificate, diploma and bachelor's degree in various academic disciplines; and

[Ins by s 2(c) of Act 23 of 2021.]

"Vice-Chancellor" means the person appointed Vice-Chancellor under paragraph 5 of the Third Schedule.

3. Application

This Act does not apply to colleges registered under the Technical Education, Vocational and Entrepreneurship Training Act.

[S 3 subs by s 3 of Act 23 of 2021.]

PART II
THE HIGHER EDUCATION AUTHORITY

4. Establishment of Authority

(1) There is hereby established the Higher Education Authority 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 as a body corporate may, by law, do or perform.

(2) The provisions of the First Schedule apply to the Authority.

5. Seal of Authority

(1) The seal of the Authority shall be such device as may be determined by the Authority and shall be kept by the Director-General.

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

(3) Any 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 Authority by the Director-General or any other person generally or specifically authorised by the Board in that behalf.

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

6. Functions of Authority

(1) The functions of the Authority are to-

(a) advise the Minister on any aspect of higher education;

(b) develop and recommend policy on higher education, including the establishment of public higher education institutions and the registration of private higher education institutions;

(c) establish a co-ordinated higher education system which promotes corporate governance and provides for a programme based higher education;

(d) regulate higher education institutions and co-ordinate the development of higher education;

(e) promote quality assurance in higher education;

(f) audit the quality assurance mechanisms of higher education;

(g) restructure and transform higher education institutions and programmes to be responsive to the human resource, economic and development needs of the Republic;

(h) in consultation with relevant professional institutions set standards for higher education institutions;

[S 6(1)(h) subs by s 4(a) of Act 23 of 2021.]

(i) design and recommend an institutional quality assurance system for higher education institutions, and recommend to the Minister institutional quality assurance standards for-

(i) the establishment, standardisation and registration of higher education institutions, including standards of plant and equipment;

(ii) the preparation and amendment of statutes;

(iii) the development of curricula;

(iv) libraries, laboratories, workshops and other facilities;

(v) student transfers between academic programmes among higher education institutions; and

(vi) classification of higher education institutions;

[S 6(1)(i)(vi) ins by s 4(b) of Act 23 of 2021.]

(j) promote co-operation among higher education institutions at national, regional and international level and facilitate their linkages with industry;

[S 6(1)(j) subs by s 4(c) of Act 23 of 2021.]

(k) create a database of students studying in higher education institutions; and

[S 6(1)(k) subs by s 4(c) of Act 23 of 2021.]

(l) do all such things as are necessary or conducive for the achievement of the purposes of this Act.

[S 6(1)(l) and (m) rep by s 4(c) and (n) relettered as (l) by s 4(d) of Act 23 of 2021.]

(2) The Authority shall-

(a) publish, on a regular basis, information regarding developments in higher education; and

(b) cause to be published-

(i) an annual list of higher education institutions established or registered under this Act; and

(ii) an annual report on the state of higher education in Zambia.

(3) The Authority may-

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

(b) 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.

7. Board of Authority

(1) There is constituted a Board of the Authority which shall consists of the following part-time members appointed by the Minister-

(a) one representative each of the Ministries responsible for-

(i) higher education; and

(ii) labour;

(b) a representative of the Attorney-General;

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

(e) a representative of the Zambia Institute of Human Resource Management;

(f) a representative of the Technical Education, Vocational and Entrepreneurship Training Authority;

(g) a representative of a civil society organisation working in the education sector;

(h) a person with knowledge and experience in matters relating to higher education; and

(i) the Director-General, as an ex officio.

(2) A person shall not be appointed as a member of the Board if that person-

(a) is adjudged bankrupt;

(b) is legally disqualified;

(d) is convicted of an offence under this Act or any written law and is sentenced to imprisonment for a period exceeding six months without the option of a fine within a period of five years preceding the appointment.

(3) The Minister shall appoint the Chairperson from among the members of the Board, except a member under sub-section (1)(a) and (b).

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

(5) The ministries, institutions or organisations referred to in sub-section (1)(a), (b), (c), (d), (e), (f) and (g) shall nominate their representatives for appointment by the Minister.

(6) A member shall, hold office for a term of three years and may be re-appointed for one further term of three years.

(7) A member may resign on giving one month's notice, in writing, to the Minister.

(8) The office of a member becomes vacant if that member-

(a) is absent, without reasonable excuse, from three consecutive meetings of the Board of which that member had notice;

(b) is adjudged bankrupt;

(c) is convicted of an offence under this Act or any other written law and is sentenced to imprisonment for a period exceeding six months without the option of a fine;

(d) is convicted of an offence involving fraud or dishonesty;

(e) is legally disqualified from performing the functions of a member; or

(f) dies.

(9) The First Schedule applies to the Board.

[S 7 subs by s 5 of Act 23 of 2021.]

8. Director-General, Secretary and other staff

(1) The Board shall, with the approval of the Minister, appoint a Director-General on such terms and conditions as it may determine.

(2) The Director-General shall be the chief executive officer of the Authority and shall be responsible, under the direction of the Board, for the day-to-day administration of the Authority.

(3) The Board may appoint, on such terms and conditions as it may determine, the secretary and such other staff as it considers necessary for the performance of the Authority's functions under this Act.

9. Management of property

(1) All the funds, assets and property, movable and immovable, of the Authority shall be managed and utilised by the Authority in accordance with this Act and in such manner and for such purposes as shall promote the best interest of the Authority.

(2) The Authority may, after the approval of the Minister and subject to such condition, if any, as the Minister may impose, charge or dispose of the immovable property of the Authority.

10. Inspectorate unit

(1) The Authority shall, for purposes of ensuring compliance with the provisions of this Act, establish an inspectorate unit of the Authority.

(2) The Authority shall appoint suitably qualified persons as inspectors for purposes of this Act.

(3) The Authority shall provide an inspector with a certificate of appointment which shall be prima facie evidence of the inspector's appointment as such.

(4) An inspector shall, in performing any function under this Act-

(a) be in possession of the certificate of appointment referred to in sub-section (3); and

(b) show the certificate of appointment to any person who requests to see the certificate or is subject to an investigation for purposes of this Act.

(5) An inspector may, for the purpose of enforcing the provisions of this Act, at any reasonable time, without prior notice, and on the authority of a warrant, enter any premises of a higher education institution that the inspector has reasonable grounds to believe is used by any person for the commission of an offence or contrary to the provisions of this Act, and-

(a) search the premises;

(b) search any person on the premises if the inspector has reasonable grounds to believe that the person has possession of an article, document or record that has a bearing on an inspection or investigation except that a person shall only be searched by a person of the same sex;

(c) take extracts from, or make copies of any book, document or record that is on the premises and that has a bearing on an inspection or investigation;

(d) demand the production of, and inspect, relevant certificates; and

(e) make such inquiries as may be necessary to ascertain whether the provisions of this Act or any other law on which an inspection or investigation is based have been complied with.

(6) A person who-

(a) delays or obstructs an inspector in the performance of the inspector's functions under this Act;

(b) refuses to give an inspector such reasonable assistance as the inspector may require for the purpose of exercising the inspector's functions;

(d) gives an inspector false or misleading information in answer to an inquiry made by the inspector;

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 two years, or to both.

(7) An inspector shall furnish the Authority with a written report and any other information relating to an inspection.

PART III
HIGHER EDUCATION SYSTEM

11. Types of higher education institutions

(1) Higher education institutions shall consist of the following-

(a) a college;

(b) a university college;

(d) a technical university college;

(e) a technical university;

(f) an institute;

(g) an institution established by any other written law; and

(h) an institution for the specialised training of professionals in a specified field.

(2) A higher education institution intending to offer a certificate, diploma or degree training programme shall obtain accreditation of the learning programme from the Authority.

(3) A higher education institution may be either public or private.

[S 11 subs by s 6 of Act 23 of 2021.]

12. Functions of higher education institutions

(1) The functions of a higher education institution other than an institute are to-

[S 12(1) am by s 7(a) of Act 23 of 2021.]

(a) provide higher education;

(b) create conditions for learners to acquire qualifications and pursue excellence and promote the full realisation of the potential of learners;

(d) prepare learners and academics and strengthen the effect of academic learning and scientific research so as to enhance social and economic development;

(e) conduct research necessary and responsive to national, regional and international requirements;

[S 12(1)(e) subs by s 7(b) of Act 23 of 2021.]

(f) provide facilities appropriate for the pursuit of learning and research and for the acquisition of higher education that is responsive to the needs of the public;

(g) prepare specialist, expert, research and managerial cadres to carry out intellectual and creative work to meet national needs;

(h) provide optimal opportunities for learning and the creation of knowledge; and

(i) contribute to the advancement of all forms of knowledge and scholarship in keeping with international standards of academic quality.

(2) A higher education institution shall submit data on the enrolment, records of achievements and award of learners to the Authority at such intervals and in such manner as the Authority may determine.

(3) A higher education institution may-

(a) establish its own procedure of learning programmes;

(b) formulate programmes conforming to the guidelines for a subject area;

(d) define its organisational structure and internal working regulations;

(e) enrol and dismiss learners;

(f) provide consultancy services to the public; and

(g) establish forms of co-operation with local and foreign higher education institutions.

13. Powers of Minister

(1) The Minister may give to a higher education institution general or specific directives which are consistent with the national policies and the provisions of this Act.

(2) A higher education institution shall keep the Minister informed of matters of public interest concerning it and shall furnish the Minister with such information as the Minister may request on any particular matter concerning the higher education institution.

(3) The Minister may, where the Minister reasonably believes that it is necessary to do so, take such steps as the Minister considers necessary in the best interest of the higher education institution.

PART IV
ESTABLISHMENT AND REGISTRATION OF HIGHER EDUCATION INSTITUTIONS

Division 1 - Establishment and Declaration of Public Higher Education Institutions

14. Establishment of public higher education institution

(1) The Minister may in consultation with the Authority, by statutory instrument, establish or declare an educational institution as a public higher education institution.

[S 14(1) am by s 8(a) of Act 23 of 2021.]

(2) A public higher education institution established or declared under sub-section (1) shall comply with the standards set by the Authority for higher education institutions and be subject to periodic audits.

[S 14(2) ins by s 8(b) of Act 23 of 2021.]

(3) A public higher education institution established or declared under sub-section (1) shall be a body corporate with perpetual succession capable of suing and being sued in its corporate name and, subject to its statutes and this Act, of performing all acts and things that a body corporate may, by law, do or perform.

[S 14(2) renumbered as s 14(3) by s 8(c) of Act 23 of 2021.]

(4) The Second Schedule applies to public higher education institutions.

[S 14(3) renumbered as s 14(4) by s 8(c) of Act 23 of 2021.]

Division 2 - Registration of Private Higher Education Institutions

15. Prohibition of operation of unregistered private higher education institution

(1) A person shall not operate a private higher education institution unless the private higher education institution is registered under this Act.

(2) A person who contravenes sub-section (1) commits an offence and is liable, upon conviction, to a fine not exceeding one million penalty units or to imprisonment for a period not exceeding three years, or to both.

16. Establishment and maintenance of private higher education institution

(1) A person may establish and maintain a private higher education institution for the purpose of providing higher education as required under this Act.

(2) The establishment of a private higher education institution under sub-section (1) may include the provision of a hostel for the accommodation of learners at the private higher education institution.

(3) A private higher education institution may be inclusive or for learners with special education needs.

17. Operational plan of private higher education institution

(1) A private higher education institution shall develop an operational plan which shall include the following-

(a) the proposed level of education or learning programme which it intends to offer;

[S 17(1)(a) subs by s 9(a) of Act 23 of 2021.]

(b) the governance structure of the private higher education institution;

(c) the premises where the private higher education institution is to operate in Zambia, including the facilities and resources;

(d) the requirements of the learning programme or level of education to achieve the learning outcomes; and

[S 17(1)(d) am by s 9(b) of Act 23 of 2021.]

(e) the level and name of the award that may be attained on successful completion of the learning programme or level of education.

[S 17(1)(e) am by s 9(c) of Act 23 of 2021.]

(2) The proprietor of a private higher education institution shall submit the operational plan, prepared in accordance with sub-section (1), to the Authority for approval.

(3) A private higher education institution shall not commence any operations until its operational plan is approved by the Authority.

(4) An operational plan of a private higher education institution shall be available for inspection by members of the public, at a nominal fee, during ordinary office hours at the premises of the Authority.

18. Change in establishment or operational plan

(1) The proprietor of a private higher education institution shall, where any change or alteration occurs at the private higher education institution, inform the Authority of the change or alteration within 30 days of the change or alteration.

(2) A change shall only be effected in the establishment or operational plan of the private higher education institution if the Authority approves the change and the particulars of the change are recorded in the Register.

(3) For the purposes of this section, a change in the establishment or operational plan of a private higher education institution means-

(a) the provision of any additional faculty or programme in the private higher education institution not included in any previous registration;

(b) the reopening of the closed private higher education institution;

(c) the change of ownership or management of the private higher education institution, whether the change takes effect by way of partnership or otherwise;

(d) the transfer of the private higher education institution to a new site or change of its principal office;

(e) the alteration of any qualification for admission to the private higher education institution; or

(f) the provision of any type of education not falling within the classification in which the institution was previously registered.

19. Application for registration of private higher education institution

(1) A person who intends to operate a private higher education institution, other than an institute, shall apply to the Authority for registration of the private higher education institution in the prescribed manner and form on payment of the prescribed fee.

[S 19(1) subs by s 10 of Act 23 of 2021.]

(2) The Authority may, within 30 days of the receipt of an application under sub-section (1), approve the application on such terms and conditions as it may determine, or reject the application.

(3) The Authority shall, where it rejects an application for registration, inform the applicant, in writing, and give the reasons therefor.

20. Criteria for registration of private higher education institution

(1) Subject to sub-sections (2) and (3), the Authority shall approve an application for registration of a private higher education institution, except that of an institute, if-

(a) the name of the private higher education institution in respect of which the application is made does not so resemble the name of another higher education institution as to mislead the public to believe that the private higher education institution, in respect of which the application is made, that other private higher education institution or that the private higher education institution is funded by Government;

(b) the premises of the private higher education institution and any hostel or other facilities provided or to be provided at the private higher education institution are suitable, adequate and meet the prescribed standards relating to number, age, gender and accessibility;

(c) the establishment of the private higher education institution is consistent with the needs of learners and the subsisting national higher education policy;

(d) the private higher education institution has an approved operational plan approved by the governing body;

(e) the private higher education institution fulfils the prescribed minimum requirements of health and safety and complies with the Urban and Regional Planning Act, or any other relevant written law;

(f) adequate financial provision is made or guaranteed for the proper maintenance of the private higher education institution for a reasonable period;

(g) the teaching staff to be employed at the private higher education institution are qualified for the purpose of efficient provision of quality higher education;

(h) the learning programmes to be provided at the private higher education institution are accredited by the Authority; and

(i) the facilities to be used at the private higher education institution allow satisfactory tuition in the learning programmes to be offered at the private higher education institution.

(2) Despite sub-section (1), a person who intends to operate a private higher education institution as a college, technical university or university college shall apply to the Authority in the prescribed manner and form on payment of the prescribed fee.

(3) The Authority shall approve an application under sub-section (2) where a college, technical university college or university college meets the prescribed standards.

(4) Subject to section 19, a higher education institution may apply for registration as a technical university or university if that institution has been operating for a period of not less than five years prior to the application for registration.

(5) The Authority shall assess a private higher education institution which is registered as a university or technical university in order to determine whether the private higher education institution should continue to operate as a university or technical university.

(6) The Authority may, where a private higher education institution fails to meet the standards of operating as a university or technical university, relegate that private higher education institution to a university college or technical university college.

[S 20 subs by s 11 of Act 23 of 2021.]

20A. Establishment of public institute

The Minister may, in consultation with the Authority, by statutory instrument, establish or declare an educational institution as a public institute.

[S 20A ins by s 12 of Act 23 of 2021.]

20B. Application for registration of private educational institute

(1) A person who intends to establish a private institute shall apply to the Authority for registration as a private institute in the prescribed manner and form on payment of the prescribed fee.

(2) The Authority may, within 90 days of the receipt of an application under sub-section (1), approve or reject the application.

(3) The Authority shall, where it rejects the application, inform the applicant, in writing, giving reasons for the rejection.

(4) The Minister shall, on the recommendation of the Authority, prescribe the criteria for registration of a private institute.

[S 20B ins by s 12 of Act 23 of 2021.]

20C. Functions of institute

(1) The functions of an institute are to-

(a) conduct research on specific topics required and responsive to national, regional and international requirements;

(b) provide facilities appropriate for the pursuit of research and for the acquisition of higher education in specific topics;

(d) promote and strengthen the impacts of research in the enhancement of social and economic development.

(2) An institute shall submit data on the research, records of achievement and awards of researchers to the Authority at intervals and in a manner that the Authority may determine.

(3) An institute may-

(a) establish its own procedure of research programmes in accordance with guidelines set by the Authority;

(b) publish research findings;

(d) provide consultancy services;

(e) establish a framework for co-operation with local and foreign institutes; and

(f) establish a framework for co-operation with local and foreign higher education institutions.

[S 20C ins by s 12 of Act 23 of 2021.]

21. Certificate of registration

(1) The Authority shall, where it approves an application for registration, issue the applicant with a certificate of registration in the prescribed form.

(2) The proprietor of a private higher education institution shall not operate the private higher education institution on any premises within Zambia, other than the premises specified in its certificate of registration or other premises approved by the Authority for such purposes.

(3) A person who contravenes sub-section (2) 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 two years, or to both.

22. Display of certificate of registration

A private higher education institution or institute shall display-

(a) in a conspicuous place on its premises, its certificate of registration or a certified copy thereof; and

(b) on all its official documents, its registration number and an indication that it is registered.

[S 22 am by s 13 of Act 23 of 2021.]

22A. Institutional audit of higher education institution by Authority

(1) A higher education institution registered or declared by statutory order under this Act shall be subjected to an annual institutional audit by the Authority in the prescribed manner and form on payment of the prescribed fee.

(2) The Authority shall, where the Authority has reason to believe that a higher education institution has mismanaged funds or the academic processes, conduct an incidental institutional audit of the higher education institution.

[S 22A ins by s 14 of Act 23 of 2021.]

23. Deregistration of private higher education institution or institute

(1) The Authority shall deregister a private higher education institution or institute if-

(a) any ground exists on which the Authority would have rejected the application for registration;

(b) the private higher education institution or institute contravenes any term or condition of the certificate of registration or any provision of this Act;

(c) the private higher education institution or institute is operated in a manner that is detrimental to the physical, mental or moral welfare of the learners at the private higher education institution or institute is being managed in a manner that is detrimental to the interest of peace, order or good management;

(d) the private higher education institution or institute has ceased to operate or exist;

(e) the private higher education institution or institute is closed for a period exceeding six months; or

(f) the private higher education institution or institute changes its premises in a manner which the Authority determines to be detrimental to the prescribed quality assurance standards.

(2) The Authority shall, before deregistering a private higher education institution or institute under sub-section (1)-

(a) by notice, in writing-

(i) inform the private higher education institution or institute of the intention to deregister it;

(ii) state the ground for the proposed deregistration and request the private higher education institution or institute to take remedial measures that the Authority may determine; and

(iii) state the date on which the deregistration is proposed to be done;

(b) invite the private higher education institution or institute to make written representations to the Authority on the matter, within 30 days from the date of the notice; and

(c) take into account the representations made by the private higher education institution or institute under paragraph (b).

(3) The Authority shall order the closure of a private higher education institution or institute where it fails to take the remedial measures determined by the Authority under sub-section (2)(a) and that order shall be published in the Gazette.

(4) A private higher education institution or institute which is deregistered under this section shall surrender the original certificate of registration to the Authority within seven days of the deregistration.

(5) A person who contravenes sub-section (4) or operates a deregistered private higher education institution or institute commits an offence and is liable, on conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

(6) Despite any other provisions of this Act, where a private higher education institution or institute is deregistered, the Authority may, in the national interest, direct that the private higher education institution or institute be operated under the management and control of a competent person, in this section referred to as the "statutory manager" .

(7) A statutory manager shall be appointed by the Authority for a period and on terms and conditions that the Authority may determine.

(8) A statutory manager shall, during the term of appointment, keep the Authority informed on matters relating to the private higher education institution or institute under the statutory manager's management and control.

(9) Any expenses connected with the appointment of a statutory manager and the management of a private higher education institution or institute by the statutory manager shall be a charge on the revenues of a private higher education institution or institute for which the statutory manager is appointed.

(10) The Authority may re-register a private higher education institution or institute which is deregistered in the prescribed manner and form on payment of a prescribed fee.

[S 23 subs by s 15 of Act 23 of 2021.]

PART IV A
ACCREDITATION OF LEARNING PROGRAMMES IN HIGHER EDUCATION INSTITUTIONS

[Part IVA ins by s 16 of Act 23 of 2021.]

23A. Accreditation of learning programmes in higher education institutions

Despite any other written law, the Authority shall, in consultation with relevant professional institutions, accredit learning programmes offered in a higher education institution for the purpose of-

(a) setting and safeguarding the quality of learning programmes;

(b) recognising learning programmes; and

[S 23A ins by s 16 of Act 23 of 2021.]

23B. Prohibition of higher education institution from offering learning programme not accredited

(1) A higher education institution shall not offer a learning programme which is not accredited.

(2) A higher education institution which contravenes sub-section (1) commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years, or to both.

[S 23B ins by s 16 of Act 23 of 2021.]

23C. Application for accreditation

(1) A higher education institution that seeks to offer a learning programme shall apply to the Authority for accreditation of that learning programme in the prescribed manner and form on payment of the prescribed fee.

(2) The Authority shall, where an application meets the requirements for accreditation, within 90 days of receipt of an application under sub-section (1), approve the application and notify the applicant.

(3) The Authority shall, where it rejects an application for accreditation, notify the applicant, stating the reasons for the rejection.

[S 23C ins by s 16 of Act 23 of 2021.]

23D. Criteria for accreditation of learning programmes

The Authority shall accredit a learning programme of a higher education institution if-

(a) the aims and objectives of the learning programme promote national, regional or international human resource development;

(b) the curriculum as approved by the professional institution is clearly defined and responds to the demands of the labour market;

(d) the levels of qualifications conform to the national qualifications framework provided under the Zambia Qualifications Authority Act;

(e) the delivery and learning methods are adequate and appropriate;

(f) there is evidence that the proposed learning programme is acceptable to industry or any relevant profession;

(g) the learning programme is relevant to the work place and other stakeholder needs;

(h) the higher education institution has regulations that specify requirements for admission, credit transfer, recognition of prior learning, length and structure of the programme, integration of practical or workbased components, and progression within a learning programme;

(i) the higher education institution has clear and defined assessment methods for learning programmes;

(j) the staff to be employed are adequate for the efficient delivery of the learning programmes and possess the necessary qualifications and experience in the relevant field;

(k) there are sufficient facilities at the higher education institution to enable it deliver the learning programme;

(l) there are academic support services for the efficient delivery of the learning programme;

(m) institutional management arrangements exist for the purpose of internal quality assurance;

(n) a higher education institution has clear and defined policies on external examiners; and

(o) adequate financial provision is made or guaranteed for the efficient delivery of the learning programmes.

[S 23D ins by s 16 of Act 23 of 2021.]

23E. Certificate of accreditation

(1) The Authority shall, where it accredits a learning programme under this Act, issue the applicant with a certificate of accreditation in the prescribed form, on terms and conditions that the Authority may determine.

(2) The period of validity of the certificate of accreditation shall be determined by the Authority.

[S 23E ins by s 16 of Act 23 of 2021.]

23F. Variation of accredited programme

(1) A higher education institution that seeks to vary an accredited learning programme shall apply to the Authority in the prescribed manner and form on payment of the prescribed fee.

(2) The Authority shall, where the proposed variation meets the standards set out by the Authority for variation of an accredited programme, approve the application within 90 days of receipt of the application under sub-section (1).

[S 23F ins by s 16 of Act 23 of 2021.]

23G. Suspension and revocation of accreditation of learning programme

(1) The Authority may suspend or revoke a certificate of accreditation if the holder of that certificate of accreditation-

(a) obtained the certificate on the basis of fraud, negligence or misrepresentation;

(b) assigns, cedes or otherwise transfers the certificate without the prior approval of the Authority;

(d) operates the registered higher education institution in contravention of this Act or any other relevant written law.

(2) The Authority shall, before suspending or revoking a certificate of accreditation under sub-section (1), notify the holder of the certificate of its intention to suspend or revoke the certificate, giving reasons for its decisions and requesting the holder of the certificate to show cause within a reasonable period that may be specified in the notice, why the certificate should not be suspended or revoked.

(3) The Authority shall, where a holder of a certificate of accreditation fails to correct the contravention within the period specified under sub-section (2), suspend or revoke the certificate as it considers appropriate in the circumstances of the case.

(4) Where a certificate of accreditation is revoked under this section, the holder of the certificate of accreditation shall surrender the certificate to the Authority and the Authority shall cancel the certificate of accreditation, subject to conditions that it may impose with respect to the learning programme.

(5) The Authority shall, where it revokes the accreditation of a learning programme, publish a notice of the revocation in the Gazette and a daily newspaper of general circulation in the Republic.

(6) The Authority may, in addition to a suspension or revocation of a certificate of accreditation of a learning programme, charge the holder of a certificate of accreditation the cost of carrying out the enforcement action.

[S 23G ins by s 16 of Act 23 of 2021.]

23H. Renewal of accreditation

(1) A higher education institution may apply, within three months before the expiry of the certificate of accreditation, for the renewal of accreditation of a learning programme to the Authority in the prescribed manner and form, on payment of the prescribed fee.

(2) The Authority shall, where a higher education institution complies with the terms and conditions of accreditation, renew the accreditation of a learning programme.

[S 23H ins by s 16 of Act 23 of 2021.]

23I Display of certificate of accreditation

A higher education institution shall display, in a conspicuous place of the relevant department of the learning programme, the certificate of accreditation of a learning programme or a certified copy of the learning programme.

[S 23I ins by s 16 of Act 23 of 2021.]

23J. Publication of accredited learning programmes

The Authority shall, within the first quarter of each financial year, publish in the Gazette and a daily newspaper of general circulation in the Republic, a learning programme accredited in each higher education institution.

[S 23J ins by s 16 of Act 23 of 2021.]

PART V
GOVERNANCE AND REGULATORY FRAMEWORK FOR HIGHER EDUCATION INSTITUTIONS

Division 1 - The Council

24. Council of higher education institution

(1) There shall be established at a higher education institution a Council for the higher education institution.

(2) The Second Schedule applies to Councils of public higher education institutions.

(3) The proprietor of a private higher education institution shall appoint the following members of the Council-

(a) a representative of the shareholders of the higher education institution;

(b) a member of the academic staff of the higher education institution;

(d) an accountant;

(e) two other persons; and

(f) the Vice-Chancellor, as an ex officio member.

[S 24(3) subs by s 17 of Act 23 of 2021.]

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

[S 24(4) ins by s 17 of Act 23 of 2021.]

(5) A Council of a private higher education institution shall regulate its own procedure.

[S 24(5) ins by s 17 of Act 23 of 2021.]

25. Functions of Council

(1) Subject to the other provisions of this Act, a Council shall be responsible for the governance, control and administration of a higher education institution, and shall, at all times, act in the best interest of the higher education institution.

(2) Without prejudice to the generality of sub-section (1), a Council of a higher education institution may-

(a) receive, on behalf of the higher education institution or constituent college or affiliated institution of the higher education institution, gifts, donations, bequests, grants or other money and make disbursement therefrom to the higher education institution, constituent college or affiliated institution;

(b) provide for the welfare of the staff and students of the higher education institution;

(d) appoint and suspend, dismiss or otherwise discipline persons in the employment of the higher education institution in accordance with the provisions of this Act and its statutes;

(e) regulate and determine all matters concerning the higher education institution in accordance with the rules adopted in that behalf by the Council;

(f) administer funds placed at the disposal of the higher education institution for specific purposes;

(g) determine the form of coat of arms for the higher education institution;

(h) take into account and if the Council considers it proper to do so, give effect to or approve reports or recommendations from the Senate which the Senate is authorised or required by this Act to make;

(i) implement the decisions of the Senate on those matters upon which Senate has authority under this Act;

(j) determine the terms and conditions on which examiners shall be appointed by the Senate and the remuneration to be paid to the examiners;

(k) determine, after consultation with the Senate, the academic dress and insignia of the Chancellor, officers and graduates of the higher education institution;

(l) call for, receive and consider reports from the Vice-Chancellor on the operation of the higher education institution;

(m) enter into, vary, carry out or rescind contracts on behalf of the higher education institution;

(n) determine all fees for the higher education institution;

(o) establish administrative or service sections or units of the higher education institution as it considers necessary; and

(p) do any other things which are necessary or conducive to the performance of its functions under this Act.

26. Management of property of public higher education institution

(1) All the funds, assets and property, movable and immovable, of a public higher education institution shall be managed and utilised by the public higher education institution in accordance with this Act and in such manner and for such purposes as shall promote the best interests of the public higher education institution.

(2) The Council may, with the approval of the Minister and subject to such conditions, if any, as the Minister may impose, charge or dispose of the immovable property of a public higher education institution.

27. Restriction on execution against property of public higher education institution

Notwithstanding anything to the contrary contained in any written law, where any judgment or order has been obtained against a public higher education institution, no execution or attachment, or process of any nature, shall be issued against the public higher education institution or against its property, but the Vice-Chancellor shall cause to be paid out of the revenues of the public higher education institution, such amounts as may, by the judgment or order, be awarded against the public higher education institution to the person entitled to the moneys.

28. Chancellor and staff

A higher education institution other than a college shall have a Chancellor and staff as specified in the Third Schedule.

[S 28 am by s 18 of Act 23 of 2021.]

29. Statutes

(1) A higher education institution, other than an institute, shall develop and adopt statutes to govern its administration which shall include-

(a) the governance structure;

(b) the functions of the Council;

(d) constituent colleges, schools, directorates and institutions;

(e) the functions of the chancellor and staff;

(f) student entrance requirements and policies;

(g) qualifications;

(h) research, publication and consultancy policies;

(i) financial management;

(j) human resource management; and

(k) resolution of disputes or disciplinary procedures.

[S 29(1) subs by s 19 of Act 23 of 2021.]

(2) A higher education institution may amend or vary its statutes.

(3) A higher education institution shall, within seven days of the adoption, issuance or variation of a statute under this section, lodge a copy of the statute with the Authority.

30. Degrees and other academic awards

(1) A higher education institution may-

(a) confer qualifications as may be specified in its statutes;

[S 30(1)(a) subs by s 20 of Act 23 of 2021.]

(b) award such academic distinctions as may be specified in its statutes; and

(c) provide such lectures and instructions for persons who are not students of the higher education institution as it may determine and grant certificates to such persons.

(2) A higher education institution may grant honorary degrees and other similar awards in accordance with its statutes.

31. Examinations

A higher education institution shall conduct its examinations in such manner as its statutes may prescribe, except that for degree examinations and any other qualifying examinations, the higher education institution shall appoint at least one external examiner for each academic programme.

32. Dissolution of Council of public higher education institution

(1) The Minister may, where a Council of a public higher education institution fails, refuses or neglects to perform its functions under this Act, in writing, dissolve the Council.

(2) The Minister shall, during the period when the Council is dissolved under sub-section (1), appoint a caretaker committee to exercise the functions of the Council for a period of six months or a further period not exceeding six months that the Minister may, in consultation with the Authority, determine.

[S 32(2) subs by s 21 of Act 23 of 2021.]

33. Appeals from Council decision

(1) A member of the academic or administrative staff of a higher education institution aggrieved with the decision of the Council may, within 14 days of the date of service of the decision, appeal to the High Court.

(2) A member of the academic or administrative staff of a higher education institution removed from office or employment by the Council shall remain suspended until the expiration of the period of appeal.

(3) The date of removal from office for the member referred to in sub-section (2) shall be the date on which the period allowed under that sub-section expires.

34. Rights of Council in discoveries and consultancy

(1) Subject to sub-section (2), where any person who is employed by a higher education institution on full time basis or who is teaching or carrying out research at the higher education institution makes any discovery, invention or improvement in the course of that person's duties, the higher education institution shall be deemed to be owner, for all purposes, of the rights in the discovery, invention or improvement.

(2) A higher education institution may pay to a person who makes a discovery, invention or improvement under sub-section (1) any bonus, fee or royalty therefor, or make such arrangement for that person to share in the profits derived therefrom, as the higher education institution may determine.

Division 2 - Senate

35. Senate

(1) There shall be a Senate for a higher education institution which shall be the supreme academic authority of the higher education institution.

(2) The Third Schedule applies to Senates.

36. Functions of Senate

(1) Subject to the other provisions of this Act, the Senate shall organise, control and direct the academic work of a higher education institution, both in teaching and research, and shall have control and general direction of the standards of education, assessment and research within the higher education institution.

(2) Without prejudice to the generality of sub-section (1), the Senate shall-

(a) determine the academic policy of the higher education institution and advise the Council on the provision of facilities to carry out the policy;

(b) direct and determine the programme of instruction and the structure of certificate, diploma, degree, postgraduate qualifications and other awards within the higher education institution;

[S 36(2)(b) am by s 22(a)(i) of Act 23 of 2021.]

(c) regulate and determine the requirements for the admission of a person to a higher education institution and a learning programme in the institution and the person's continuance in that learning programme;

[S 36(2)(c) subs by s 22(a)(ii) of Act 23 of 2021.]

(d) regulate all higher education institution examinations and the standard of proficiency to be attained in such examinations;

(e) appoint examiners;

(f) award certificates, diplomas and degrees and make other awards and distinctions of the higher education institution, except that honorary degrees shall be awarded on the recommendation of an honorary degree committee established by the Senate;

[S 36(2)(f) am by s 22(a)(iii) of Act 23 of 2021.]

(g) award scholarships and prizes administered by the higher education institution;

(h) constitute professorial chairs, readerships and other academic offices and abolish or suspend any such office;

(i) make recommendations to the Council with respect to-

(i) the establishment of new schools, institutes, bureaux or similar bodies within the higher education institution;

(ii) the amalgamation of any of the existing schools, institutes, bureaux or similar bodies within the higher education institution;

(iii) the division of any school, institute, bureau or similar body within the higher education institution into two or more schools, institutes, bureaux or similar bodies; and

(iv) the abolishing or alteration of any school, institute, bureau or similar body;

(j) approve, review, amend, refer back, control or disallow any act relating to the academic affairs of any school, institute, bureau or similar body within the higher education institution or give direction to any school, institute, bureau or similar body; and

(k) regulate its own procedure and the conduct of its meetings.

(3) The Senate may deprive any person of a qualification of the higher education institution which has been conferred upon such person if, after due inquiry, the person is shown to have engaged in fraudulent or dishonourable conduct in obtaining that award.

[S 36(3) am by s 22(b) of Act 23 of 2021.]

(4) A person aggrieved with the decision of the Senate under sub-section (3) may, within 30 days of the service of the decision of Senate, appeal to the Council.

(5) A person aggrieved with the decision of the Council under sub-section (4) may, within 30 days of the service of the decision, appeal to the High Court.

(6) The Senate shall make an academic budget which shall be approved by the Council.

(7) The Senate shall make regular reports to the Council regarding the performance of its functions.

PART VI
TRANSFORMATION, AMALGAMATION AND CLOSURE OF HIGHER EDUCATION INSTITUTIONS

37. Affiliation to public higher education institution

(1) The Minister may, on the recommendation of the Senate of a public higher education institution, approve the affiliation with the public higher education institution of any college or other educational institution, within or outside Zambia, which has concluded an agreement to become affiliated with the public higher education institution.

(2) Where a college or other educational institution is affiliated with a public higher education institution under sub-section (1)-

(a) the Council shall appoint two representatives of the public higher education institution on the academic decision making body of the affiliated institution;

[S 37(2)(a) am by s 23 of Act 23 of 2021.]

(b) the affiliated institution shall appoint a representative on the board of studies of the most closely related school of the public higher education institution;

(c) the Senate shall, after receiving a report from the relevant school, approve the entrance requirements, the syllabi and the academic regulations of the affiliated institution in those areas of study for which the public higher education institution is providing certification;

(d) the Council of the public higher education institution shall be consulted on the qualifications of the members of staff appointed at the affiliated institution to teach in the areas of study for which the public higher education institution provides certification;

(e) the Senate of the public higher education institution shall moderate examination papers and examination scripts of the affiliated institution in the areas of study for which the public higher education institution provides certification;

(f) the qualifications of the affiliated institution for which certification is granted by the public higher education institution shall be joint qualifications of the public higher education institution and affiliated institution and be awarded at a special ceremony to be held at the affiliated institution with the participation of the public higher education institution's representatives;

(g) all qualifications certified by the public higher education institution shall be signed by the Vice-Chancellor or Registrar of both the public higher education institution and the affiliated institution; and

(h) the public higher education institution may determine whether, and at what entry level, students shall be admissible to further studies at the public higher education institution.

(3) An affiliated institution may establish special relationships with the public higher education institution it is affiliated to, particularly in the fields of staff and student exchange, priority admission for postgraduate work, joint financing and research projects.

38. Constituent college of public higher education institution

(1) The Minister may, on the recommendation of the Council of a public higher education institution, by statutory order-

(a) establish any school, college or educational institution as a constituent college or institution of a public higher education institution; or

[S 38(1)(a) am by s 24 of Act 23 of 2021.]

(b) declare any existing college or educational institution as a constituent college or institution of a public higher education institution.

(2) The Council of a public higher education institution shall, where the Minister establishes or declares an educational institution as a constituent college or institution of the public higher education institution-

(a) appoint a Principal for the constituent college or institution; and

(b) appoint the members of the academic and administrative staff and other employees of the constituent college or institution.

(3) Where the Minister makes an order under sub-section (1), the Minister shall, by the same or a subsequent order-

(a) in consultation with the Council, appoint not more than 11 members of the board and set out the functions of the board; and

(b) make provision for-

(i) the vesting of the property of the educational institution in the public higher education institution;

(ii) the transfer of the academic or administrative staff or other employees of the educational institution to the service of the public higher education institution; and

(iii) the payment of terminal benefits of the academic or administrative staff or employees of the educational institution whose services are not transferred to the public higher education institution.

(4) Where provision is made in an order under this section for the vesting of any property of an educational institution in a public higher education institution, the property to which that order relates shall, by virtue of that order, and without further assurance, vest in the public higher education institution.

38A. Establishment of constituent college of private higher education institution

(1) The Authority may, on the recommendation of the Council of a private higher education institution, approve the establishment of a school, college or educational institution as a constituent college of a private higher education institution.

(2) The Council of a private higher education institution shall, where the Authority approves the establishment of a school, college or an educational institution as a constituent college of the private higher education institution-

(a) appoint a Principal for the constituent college; and

(b) appoint the members of the academic and administrative staff and other employees of the constituent college.

[S 38A ins by s 25 of Act 23 of 2021.]

39. Merger of public higher education institutions

(1) Subject to sub-section (2), the Minister may, after consultation with the Authority, by notice published in the Gazette, merge two or more public higher education institutions into a single public higher education institution.

(2) The Minister shall, where the Minister intends to merge two or more public higher education institutions in accordance with sub-section (1)-

(a) give written notice to the Councils concerned of the intention to merge the public higher education institutions;

(b) publish the notice, giving reasons for the proposed merger, in at least one daily newspaper of general circulation in Zambia;

(c) give the Councils of the public higher education institutions concerned and any other interested person an opportunity to make representations within 90 days from the date of the notice referred to in paragraph (b);

(d) consider any representations made by a public higher education institution or any other interested person; and

(e) be satisfied that the employers at the public higher education institution concerned have complied with their obligations in terms of the applicable labour law.

(3) The Minister shall, in the notice referred to in sub-section (1), establish an interim council, for a period not exceeding six months, to perform the functions relating to the governance of a public higher education institution concerned, except the making of a statute.

(4) The Minister may extend the term referred to in sub-section (3) for a further final term not exceeding six months.

(5) The interim council appointed under sub-section (3) shall consist of-

(a) a chairperson; and

(b) four other members.

(6) The members appointed under paragraph (b) of sub-section (5)-.

(a) shall be appointed by the Minister from nominations received from the public higher education institution concerned; and

(b) shall not include any member of staff or student from the public higher education institution concerned.

(7) The interim council shall co-opt three members of the interim management referred to in paragraph (a) of sub-section (8) and those members shall not have voting powers.

(8) The interim council shall, in addition to the functions provided in sub-section (3)-

(a) appoint an interim body to manage the day-to-day activities of the public higher education institution;

(b) ensure that a council is constituted in terms of the statute; and

39A. Application for affiliation to private higher education institution

(1) A private higher education institution that intends to affiliate a college or another private higher education institution shall apply to the Authority in the prescribed manner and form on payment of the prescribed fee.

(2) This section does not apply to a public higher education institution which intends to affiliate to a public college or a public higher education institution.

[S 39A ins by s 26 of Act 23 of 2021.]

39B. Approval of affiliation to private higher education

(1) The Authority may, on the recommendation of the Senate of a private higher education institution, approve the application to affiliate to a college or other private higher education institution, within or outside the Republic, to the private higher education institution subject to an affiliation agreement with that private higher education institution.

(2) Where a college or other private higher education institution is affiliated to a private higher education institution under sub-section (1)-

(a) the Senate of a private higher education institution to which it is affiliated shall appoint two representatives of the private higher education institution on the academic decision-making body of the affiliated institution;

(b) the affiliated institution shall appoint a representative on the board of studies of the most closely related school of the private higher education institution;

(c) the Senate of the private higher education institution shall, after receiving a report from the relevant school, approve the entry requirements, syllabi and the academic regulations of the affiliated institution in those areas of study for which the private higher education institution is providing certification;

(d) the Senate of the private higher education institution shall be consulted on the qualifications of the members of staff appointed at the affiliated institution to teach in the areas of study for which the private higher education institution provides certification;

(e) the Senate of the private higher education institution shall moderate examination papers and examination scripts of the affiliated institution;

(f) the qualifications of the affiliated institution for which certification is granted by the private higher education institution shall be joint academic awards of the private higher education institution and the affiliated institution and be awarded at a special ceremony to be held at the affiliated institution with the participation of representatives of the private higher education institution;

(g) qualifications certified by the private higher education institution shall be signed by the Vice-Chancellor or Registrar of both the private higher education institution and the affiliated institution; and

(h) the private higher education institution may determine whether, and at what entry level, students from the affiliated institution shall be admitted for further studies at the private higher education institution.

(3) An affiliated institution may establish special relationships with the private higher education institution it is affiliated to, particularly in the fields of staff and student exchange, priority admission for postgraduate work, joint financing and research projects.

[S 39B ins by s 26 of Act 23 of 2021.]

39C. Prohibition against offering education outside level of affiliated institution

An affiliated college or other private higher education institution shall not offer any type of education not falling within the level in which that college or other private higher education institution is registered or established.

[S 39C ins by s 26 of Act 23 of 2021.]

40. Closure of public higher education institution

(1) The Minister may, after consultation with the Authority, by notice in the Gazette, close a public higher education institution, where the public higher education institution-

(a) is not operated in accordance with the provisions or requirements of this Act;

(b) does not have full-time instructors while in session, except by distance education;

(c) is used in a manner that is detrimental to the interests of the learners, public peace and security, good governance or the health and security of the learners; or

(d) has ceased to provide the facility or service for which it was established.

(2) The Minister may close a public higher education institution, for a specified period, on grounds of health or public disorder.

(3) Where a public higher education institution is closed under sub-section (1), all the assets and liabilities of the public higher education institution shall, after the closure, be dealt with according to this Act or any other written law and any assets remaining after the payment of all liabilities shall vest in the Government.

41. Closure of higher education institution

(1) The Authority may close a private higher education institution for a specified period on the grounds of health or public disorder.

(2) A private higher education institution that intends to permanently close shall apply to the Authority for approval to close at least 90 days before the proposed date of closure of that higher education institution.

(3) The Authority shall approve the permanent closure of a private higher education institution on being satisfied with the arrangements of the Council of the institution relating to the closure of the private higher education institution.

[S 41 subs by s 27 of Act 23 of 2021.]

PART VII
GENERAL PROVISIONS

42. Fees

A higher education institution may charge such fees as may be prescribed in its statutes.

43. Keeping of records

A higher education institution shall keep and maintain such records and provide such information as the Minister may prescribe for purposes of this Act.

44. Annual levy

A higher education institution shall in each year, not later than the date prescribed by the Minister, pay to the Authority such annual levy as may be prescribed.

45. Public-private partnership

A higher education institution may enter into a public-private partnership in accordance with the Public-Private Partnership Act.

46. Appeals

(1) A person aggrieved with a decision of the Authority shall, within 30 days of the decision, appeal to the Minister.

(2) A person aggrieved with the decision of the Minister shall appeal to the High Court.

[S 46 subs by s 28 of Act 23 of 2021.]

47. Register of higher education institutions

(1) The Authority shall keep or cause to be kept a register of higher education institutions registered or established under this Act in which it shall enter such particulars as may be prescribed.

(2) The Register referred to in sub-section (1) shall be open to public inspection at such times as the Authority may determine.

(3) A person who makes or causes to be made any unauthorised entry, alteration or erasure in the Register or in any other certified copy of the Register commits an offence and is liable, upon conviction, to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

48. Publication of higher education institutions

The Authority shall, within the first quarter of every calendar year, publish in the Gazette and a daily newspaper of general circulation in Zambia, a list of all higher education institutions registered or established under this Act.

49. Offences and penalties

(1) A person shall not-

(a) in any manner, hold out to another person that that person can offer a course of study or part of such course of study as will entitle a person upon successful completion of the course of study to obtain a degree, diploma or certificate that will be recognised by persons in the industry or field to which the degree, diploma or certificate relates;

(b) confer any degree or award any diploma or certificate purporting to be a degree, diploma or certificate conferred or awarded by a higher education institution registered under this Act;

(c) without a certificate of registration, establish or operate any institution or organisation as a private higher education institution or use the title "university" or "college"; or

(d) where a higher education institution is not registered, do anything likely to lead people to infer that the higher education institution is registered under this Act.

(2) A person who contravenes sub-section (1) commits an offence and is liable, upon conviction, to a fine not exceeding three million penalty units or to imprisonment for a period not exceeding five years, or to both.

(3) A person who-

(a) provides false or misleading information in order to secure an approval, registration, enrolment or any other purpose under this Act;

(b) breaches any condition or requirement under this Act; or

(c) publishes, uses as part of the curriculum or distributes, in any manner whatsoever, any document, matter or material that is immoral, repugnant or contrary to the interests of learners or public policy;

commits an offence and is liable, upon conviction, to a fine not exceeding two million penalty units or to imprisonment for a period not exceeding four years, or to both.

50. General penalty

A person who contravenes any provision of this Act for which no penalty is provided is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

51. Offences by body corporate or unincorporate body

Where an offence under this Act is committed by a body corporate or an unincorporate body, every director or manager of the body corporate or unincorporate body shall be liable, upon conviction, as if the director or manager had personally committed the offence, unless the director or manager proves to the satisfaction of the court that the act constituting the offence was done without the knowledge, consent or connivance of the director or manager or that the director or manager took reasonable steps to prevent the commission of the offence.

52. Regulations

(1) The Minister may, by statutory instrument, prescribe all matters which by this Act are required or permitted to be prescribed, or which are necessary to be prescribed for the carrying out or giving effect to the provisions of this Act.

(2) The Minister may, in consultation with the Authority, by statutory instrument, make regulations providing for-

(a) the standard requirements for higher education institutions regarding-

(i) the quality of higher education to be provided;

(ii) the spiritual, moral, social and cultural development of learners;

(iii) the welfare, health and safety of learners; and

(iv) the procedure and manner of dealing with any complaint from any learner, parent or other stakeholder;

(b) the requirements and procedure for registration;

(d) the terms and conditions for the grant of aided status to higher education institutions;

(e) the conditions and procedure for the closure or deregistration of private higher education institutions;

(f) the regulation and management of higher education institutions;

(g) the classification of higher education institutions; and

[S 52(2)(g) ins by s 29(a) of Act 23 of 2021.]

(h) any other matter to promote the efficiency and effective management of higher education institutions.

[S 52(2)(g) renumbered as 52(2)(h) by s 29(b) of Act 23 of 2021.]

53. Repeal of Act No. 11 of 1999

(1) The University Act, 1999, is hereby repealed.

(2) Notwithstanding sub-section (1), a Council of a higher education institution existing under the repealed Act shall, within a period of one year from the date of commencement of this Act, comply with the provisions of this Act.

FIRST SCHEDULE

[Sections 4 (2) and 7(9)]

ADMINISTRATION OF THE AUTHORITY

[First Sch am by s 30 of Act 23 of 2021.]

PART I
THE BOARD OF THE AUTHORITY

1. Proceedings of Board

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

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

(3) Upon giving notice of not less than 14 days, a meeting of the Board may be called by the Chairperson and shall be called if not less than one-third of the members so request in writing, except that if the urgency of a particular matter does not permit the giving of notice, a special meeting may be called upon giving a shorter notice.

(4) Six members shall constitute a quorum at any meeting of the Board.

(5) There shall preside at a meeting of the Board -

(a) the Chairperson;

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

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

(6) A decision of the Board on any question shall be by a 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, in addition to a deliberative vote, a casting vote.

(7) Where a member is for any reason unable to attend a meeting of the Board, the member may, in writing, nominate another person from the same organisation to attend the meeting in that member's stead and such person shall be deemed to be a member for the purpose of that meeting.

(8) The Board may invite any person whose presence, in its opinion, is desirable to attend and participate in the deliberations of a meeting of the Board, but that person shall not have any vote.

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

(10) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and any committee constituted by the Board.

1A. Tenure of office

Subject to this Act, a member of the Board shall hold office for a period of three years, and shall be eligible for re-appointment for a further and final period of three years.

2. Committees of Board

(1) The Board may, for the purpose of performing its functions under this Act, constitute a committee and delegate to the committee such functions of the Board as it considers necessary.

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

(3) Subject to any specific or general direction of the Board, any committee constituted under this paragraph may regulate its own procedure.

3. Allowances

A member of the Board or any committee of the Board shall be paid such allowances as the Minister may determine.

4. Disclosure of interest

(1) If any person is present at a meeting of the Board or a committee of the Board at which any matter and in which matter that person or that person's relative is directly or indirectly interested in a private capacity is the subject of consideration, that person shall, as soon as is practicable after the commencement of the meeting, disclose that interest and shall not take part in any consideration or discussion of, or vote on any question relating to that matter.

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

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

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

(2) A person who contravenes sub-paragraph (1) 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 two years, or to both.

(3) A person who, having any information which to the knowledge of that person has been published or disclosed in contravention of sub-paragraph (1), unlawfully publishes or communicates the information to any other person 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 two years, or to both.

6. Immunity

An action or other proceeding shall not lie or be instituted against a member of the Board, a committee of the Board or a member of staff of the Authority for, or in respect of, any act or thing done or omitted to be done in good faith in the exercise or performance, or purported exercise or performance, of any of the powers, functions or duties conferred under this Act.

PART II
FINANCIAL PROVISIONS

7. Funds of Authority

(1) The funds of the Authority shall consist of such moneys as may-

(a) be appropriated by Parliament;

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

(2) The Authority may-

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

(b) raise by way of loans or otherwise, moneys as the Authority may require for the discharge of its functions; or

(3) There shall be paid from the funds of the Authority-

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

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

(4) The Board may, with the approval of the Minister, invest in such manner as it considers appropriate, funds of the Authority that are not immediately required for the performance of the Authority's functions.

8. Financial year

The financial year of the Authority shall be the period of 12 months ending on 31st December in each year.

9. Accounts and audit

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

(2) The Authority shall, within 90 days after the end of the financial year, submit to the Minister a report concerning its activities during the financial year.

(3) The report referred to in sub-paragraph (2) shall include statements of income and expenditure and a statement of financial affairs of the Authority.

(4) The accounts of the Authority for each financial year shall be audited by the Auditor-General.

10. Annual report

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

(2) The report referred to in sub-paragraph (1) shall include information on the financial affairs of the Authority and there shall be appended to the report-

(a) an audited statement of financial position;

(b) an audited statement of comprehensive income; and

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

SECOND SCHEDULE

[Sections 14(3) and 24(2)]

ADMINISTRATION OF COUNCIL OF PUBLIC HIGHER EDUCATION INSTITUTION

[Second Sch am by s 31 of Act 23 of 2021.]

PART I
THE COUNCIL

1. Composition of Council

A Council consists of the following part-time members appointed by the Minister-

(a) a member of the academic staff of the higher education institution who is a member of the Senate and nominated by the Senate;

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

(d) a member who is a graduate of the higher education institution and who is not a member of staff of that higher education institution;

(e) a member from the private sector;

(f) a representative each from the Ministries responsible for higher education and finance;

(g) an accountant with at least five years' experience; and

(h) the Vice-Chancellor, as an ex officio member.

(2) A Council may carry out its functions despite any vacancy in its membership.

(3) The members of the Council shall elect the Chairperson and Vice-Chairperson of the Council from among themselves, except that the Chairperson shall not be elected from among the members who are officers in another higher education institution or is a public officer.

(4) The Chairperson and the Vice-Chairperson of a Council shall hold office for a term of three years and shall be eligible for re-election for a further term of three years.

(5) The Registrar of the higher education institution shall be the Secretary of the Council.

2. Tenure of office and vacancy

(1) Subject to the other provisions of this Act, a member of a Council shall hold office for a period of three years but shall be eligible for re-appointment for a further period of three years.

(2) Notwithstanding sub-paragraph (1), the office of a member of a Council becomes vacant-

(a) upon the member's death;

(b) upon the member ceasing to be a representative of the office or body by virtue of which the person became a member;

(c) if the member is absent, without reasonable excuse, from three consecutive meetings of the Council of which the member had notice, without the prior approval of the Council;

(d) if the member has a mental disability which makes the member incapable of performing the functions of a member;

(e) if the member is adjudged bankrupt;

(f) if the member is removed by the Minister;

(g) if the member is convicted of an offence and sentenced to imprisonment for a period exceeding six months without the option of a fine; or

(h) at the expiry of the period for which the member was appointed or re-appointed.

(3) A member of a Council may, at any time, resign from office by giving one month's notice, in writing, to the Minister.

(4) Where the office of a member of a Council becomes vacant before the expiry of the term of office, the Minister may appoint another person as a member and that person shall hold office only for the unexpired period.

(5) Where a Chairperson or Vice-Chairperson resigns from office under sub-paragraph (3), the members of the Council shall elect a Chairperson or Vice-Chairperson under sub-paragraph (3) of paragraph 1.

3. Proceedings of Council

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

(2) A Council shall meet for the transaction of its business at least once in every three months at such places and times as the Chairperson may determine.

(3) Upon giving notice of not less than 21 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, except 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 a Council shall be 11 members, four members of whom shall be members appointed from outside the higher education institution.

(5) There shall preside at a meeting of a Council-

(a) the Chairperson;

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

(c) in the absence of the Chairperson and the Vice-Chairperson, such member as the members present may, subject to sub-paragraph (3) of paragraph 1, elect from amongst themselves for the purpose of the meeting.

(6) A decision of the Council on any question shall be by a simple 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 the deliberative vote.

(7) Except for the Council members representing ministries, a member shall not nominate another person to attend a Council meeting in that member's stead.

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

(9) 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 to do so, took part in the proceedings.

(10) A Council shall cause minutes to be kept of the proceedings of every meeting of the Council and of every meeting of any committee established by the Council.

4. Committees of Council

(1) A Council may, for the purpose of performing its functions under this Act, constitute a committee and may delegate to the committee such of its functions as it thinks fit.

(2) A Council may appoint as members of a committee constituted under sub-paragraph (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, except that at least half of the members of a committee shall be members of the Council.

(3) A committee shall be chaired by a member of a Council.

(4) The quorum at any meeting of a committee shall be one-half of the members.

5. Disclosure of interest

(1) If a person is present at a meeting of a Council or any committee of the Council at which any matter in which that person or that person's relative is directly or indirectly interested in a private capacity, is the subject of consideration, that person shall, as soon as practicable after the commencement of the meeting, disclose such interest, and shall not take part in any consideration or discussion of or vote on any question relating to that matter.

(2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which the disclosure is made.

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

(1) A person shall not, without the consent in writing given by, or on behalf of, a Council, publish or disclose to any unauthorised person, otherwise than in the course of duties of that person, the contents of any document, communication or information whatsoever, which relates to, and which has come to that person's knowledge in the course of that person's duties under this Act.

(3) A person who, having any information which to the knowledge of that person has been published or disclosed in contravention of sub-paragraph (1), unlawfully publishes or communicates the information to any other person, commits an offence and is liable, upon conviction, to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

7. Immunity of members

An action or other proceeding shall not lie or be instituted against a member of a Council or a committee of the Council for, or in respect of, any act or thing done or omitted to be done in good faith in the exercise or purported exercise or performance of any of the powers, functions or duties conferred under this Act.

PART II
FINANCIAL PROVISIONS

8. Funds of public higher education institution

(1) The funds of a public higher education institution shall consist of such moneys as may-

(a) be appropriated by Parliament for its purpose;

(b) be paid to the public higher education institution by way of fees, subscriptions, contributions, grants or donations; and

(2) A public higher education institution may, with the approval of the Minister, accept moneys by way of grants or donations from any source in or outside Zambia, except that the public higher education institution shall not be obliged to accept a grant or donation for a particular purpose unless it approves of the purpose and the conditions, if any, attaching to it.

(3) A public higher education institution may borrow, by way of loan or otherwise, such sums as it may require for meeting its obligations and discharging its functions under this Act, except that the prior consent of the Minister responsible for finance, in consultation with the Minister, shall be obtained.

(4) There shall be paid from the funds of a public higher education institution-

(a) moneys necessary for the performance of its functions under this Act;

(b) the salaries, allowances and loans of its staff;

(c) such reasonable travelling and subsistence allowances for members of the Council or members of any committee of the Council when engaged in the business of the public higher education institution, at such rates as the Minister may determine; and

(d) any other expenses incurred by the Council in the performance of its functions.

(5) Any person who misuses the funds of the Council shall be liable to surcharge.

(6) A public higher education institution may, with the approval of the Minister, invest in such manner as it may determine, any of its funds which it does not immediately require for the performance of its functions.

9. Estimates

(1) A Council of a public higher education institution shall, in respect of every financial year, prepare or cause to be prepared, estimates of the income and expenditure of the Council and shall submit the estimates to the Minister at least four months before the commencement of the financial year for scrutiny and consolidation into the Ministry's estimates, before submission to the Ministry responsible for finance for approval.

(2) A Council may furnish to such bodies as it may determine, copies of the estimates referred to in sub-paragraph (1).

10. Financial year

The financial year of a public higher education institution shall be the period of 12 months ending on 31st December in each year.

11. Accounts and audit

(1) A public higher education institution shall cause to be kept proper books of accounts and other records relating to its accounts.

(2) A public higher education institution shall, within 90 days of the expiry of the financial year, submit to the Minister a report concerning its activities during the financial year.

(3) The report referred to in sub-paragraph (2) shall include statements of income and expenditure and a statement of affairs or balance sheet.

(4) The accounts of a public higher education institution shall be audited annually or whenever necessary by the Auditor-General.

12. Financial report

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

(2) The report of the Council shall include information on the financial affairs of the public higher education institution and there shall be appended to the report-

(a) an audited balance sheet;

(b) an audited statement of income and expenditure;

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

(3) The Minister shall, not later than 30 days after the first sitting of the National Assembly next after receipt of the report referred to in sub-paragraph (1), lay it before the National Assembly.

THIRD SCHEDULE

[Sections 28 and 35(2)]

STAFF AND SENATE OF HIGHER EDUCATION INSTITUTION

[Third Sch am by ss 32 and 34 of Act 23 of 2021.]

PART I
CHANCELLOR AND STAFF

1. Staff

(1) There shall be three categories of staff of a higher education institution designated "academic staff" , "administrative staff" and "other staff" .

(2) The academic staff of a university consists of-

(a) the Vice-Chancellor;

(b) the Deputy Vice-Chancellor in charge of academic affairs;

(d) principal of constituent college;

(e) the Deans of Schools;

(f) the Directors of institutes, bureaux and other similar bodies;

(g) members of staff engaged in teaching, research and skills development;

(h) the chief librarian; and

(i) other persons that the Council may designate.

(3) The academic staff of a technical university college and a university college consists of-

(a) the Principal;

(b) the Vice-Principal;

(d) the Directors of institutes, bureaux and other similar bodies;

(e) members of staff engaged in teaching and research;

(f) the Chief Librarian; and

(g) other persons as the Council may designate.

(4) The administrative staff shall consist of persons employed by a higher education institution, other than the academic staff, who hold administrative, professional or technical posts designated by the Council as senior posts.

(5) The other staff shall consist of persons employed by a higher education institution who are not members of the academic staff or of the administrative staff.

2. Chancellor

(1) There shall be a Chancellor for a higher education institution who shall be the titular head of the higher education institution.

(2) The Chancellor of a higher education institution shall preside at all ceremonial assemblies of the higher education institution and shall, in its name, confer all degrees and other academic titles and distinctions of the higher education institution.

(3) The Chairperson of the Council and the Vice-Chancellor shall keep the Chancellor fully informed concerning the general conduct of the affairs of the higher education institution and shall furnish the Chancellor with such information as the Chancellor may request on any particular matter relating to the affairs of the higher education institution.

3. Appointment of Chancellor of public higher education institution

(1) The Chancellor of a public higher education institution shall be appointed by the President, on the recommendation of the Minister, from among eminent Zambian citizens.

(2) A person appointed as Chancellor of a public higher education institution shall hold office for a period of five years and may be re-appointed for a further like period.

(3) The Chancellor of a public higher education institution may resign upon giving one month's notice, in writing, to the President.

(4) A person holding the office of Chancellor of a public higher education institution may be removed by the President for inability to perform the functions of the office, whether arising from infirmity of body or mind, or for behaviour which is incompatible with the office of Chancellor.

4. Appointment of Chancellor of private higher education institution

The Chancellor of a private higher education institution shall be appointed by the Council of the private higher education institution.

5. Vice-Chancellor

(1) There shall be a Vice-Chancellor for a higher education institution, who shall be the academic, financial and administrative head of the higher education institution and who shall, where the Chancellor is unable to do so, preside at the ceremonial assemblies of the higher education institution and confer all degrees and other academic titles and distinctions of the higher education institution.

(2) The Vice-Chancellor shall be appointed by-

(a) in the case of a public higher education institution, the Minister, on the recommendation of the Council of the public higher education institution; and

(b) in the case of a private higher education institution, the Council of the private higher education institution.

(3) A person appointed to the office of Vice-Chancellor of a public higher education institution shall hold office on such terms and conditions as shall be specified in that person's letter of appointment, for a period of five years but may be eligible for re-appointment for a final term of five years.

6. Deputy Vice-Chancellor

(1) Subject to sub-section (6), there shall be at least two Deputy Vice-Chancellors responsible for academic affairs and research and innovation, respectively, for a higher education institution.

(2) Sub-paragraph (1) does not apply to a university college or technical university college.

(3) The functions of a Deputy Vice-Chancellor shall be as prescribed in the statutes of a higher education institute.

(4) A Deputy Vice-Chancellor shall act in the place of the Vice-Chancellor when the office of Vice-Chancellor is vacant or the Vice-Chancellor is for any reason absent or otherwise unable to perform the functions of the Vice-Chancellor.

(5) A person appointed to hold the office of Deputy Vice-Chancellor of a public higher education institution shall hold office, on the terms and conditions specified in that persons letter of appointment, for a period of four years but shall be eligible for re-appointment for a further and final term of four years.

7. Discipline and removal of Vice-Chancellor and Deputy Vice-Chancellor of public higher education institution

Where a Council of a public higher education institution has reasonable grounds to believe that the Vice-Chancellor or Deputy Vice-Chancellor should be removed from office on grounds of misconduct or inability to perform the functions of the office, the Council shall, on the advice of the joint committee constituted under paragraph 8, recommend to the Minister the removal of the Vice-Chancellor or Deputy Vice-Chancellor, as the case may be.

8. Joint committee

(1) A Council of a public higher education institution shall, where for purposes of paragraph 7, it becomes necessary to do so, constitute an ad hoc joint committee which shall conduct an inquiry into the removal of the Vice-Chancellor or the Deputy Vice-Chancellor.

(2) The Council shall a appoint a Chairperson of the ad hoc Joint Committee constituted under sub-paragraph (1).

9. Registrar

There shall be a Registrar for a higher education institution appointed by the Council, on terms and conditions that the Council may determine, and who, under the direction of the Vice-Chancellor, shall be responsible for legal services, public relations, employee relations, corporate governance and corporate secretarial services relating to the meetings of the Council and committees of the Council.

10. Chief Librarian

There shall be a Chief Librarian for a higher education institution appointed by the Council, on such terms and conditions as the Council may determine, and who shall, under the direction of the Vice-Chancellor, be responsible for the development, control, management and co-ordination of library services in the higher education institution.

11. Chief Financial Officer

There shall be a Chief Financial Officer for a higher education institution appointed by the Council, on such terms and conditions as the Council may determine, and who shall, under the direction of the Registrar, be responsible for the financial planning and general administration of the finances of the higher education institution and shall maintain the accounts of the higher education institution in such form and manner as may be determined by the Council.

12. Dean of students

There shall be a Dean of Students for a higher education institution appointed by the Council on such terms and conditions as the Council may determine, and who shall, under the direction of the Vice-Chancellor, be responsible for the management of student's affairs and shall exercise superintendence over the student's affairs unit.

12A. Chief Internal Auditor

The Council shall appoint a Chief Internal Auditor, on terms and conditions that the Council may determine, in accordance with the Public Finance Management Act.

13. Discipline and removal of Registrar, Chief Financial Officer, Chief internal Auditor, Chief Librarian, Dean of students, Dean or Director

The Vice-Chancellor shall, where the Vice-Chancellor has reasonable grounds to believe that the Registrar, the Chief Financial Officer, the Dean of Students, the Chief Internal Auditor, the Chief Librarian, a Dean or a Director should be removed from office on grounds of incompetence or misconduct-

(a) give notice, in writing, of the grounds to the officer in question;

(b) in writing, suspend the officer in question from office pending investigations;

(d) make arrangements for the officer in question to be afforded an opportunity to appear before, and be heard by, the Disciplinary Committee with respect to the matter.

14. Discipline and removal of member of academic, administrative and other staff

(1) A Dean, Director or principal officer shall, where the Dean, Director or a principal officer has reasonable grounds to believe that a member of the academic or administrative staff for whom the Dean, Director or principal officer has direct responsibility should be removed from office or employment on grounds of misconduct or failure to perform the functions of office or employment-

(a) give notice, in writing, of the grounds to the member in question;

(b) in writing, suspend the member in question from office or employment pending investigations;

(d) make arrangements for the member in question to be afforded an opportunity to appear before, and be heard by, the Disciplinary Committee with respect to the matter.

(2)The application of disciplinary measures to other staff members of a higher education institution shall be in accordance with their conditions and terms of service.

15. Performance of functions where Vice-Chancellor etc absent from office

(1) Where the Vice-Chancellor and the Deputy Vice-Chancellor are absent from office at the same time or are unable for any reason to perform the functions of the Vice-Chancellor or Deputy Vice-Chancellor, the Council may appoint, on such terms and conditions as it may determine, a senior member of the academic staff of the higher education institution who is a Dean of a school, Director of an institute or a professor, to perform the functions of Vice-Chancellor or Deputy Vice-Chancellor.

(2) Where the Registrar, Chief Librarian, Chief Financial Officer or Dean of Students is absent from office or is unable for any reason to perform the functions of the office, the Vice-Chancellor may, after consultation with the Council, appoint a suitable person to perform the functions of the office, on such terms and conditions as the Vice-Chancellor may determine.

(3) Where the Dean of a school or Director of an institute is absent from office or is unable for any reason to perform the functions of the office, the Vice-Chancellor may, after consultation with the Senate, appoint a suitable person to perform the functions of the office, on such terms and conditions as the Vice-Chancellor may determine.

16. Search committee

(1) The Council of a public higher education institution shall, in consultation with the Minister, for the purposes of paragraphs 5 and 6, constitute an ad hoc search committee of the higher education institution consisting of seven members who have experience in the administration, management and academic life of higher education institutions.

(2) The Council shall appoint the Chairperson and Secretary of a search committee.

(3) The Council shall appoint the members of a search committee on such terms and conditions as it may determine.

(4) A search committee shall-

(a) advertise, locally and internationally, the posts of Vice-Chancellor and Deputy Vice-Chancellor whenever the posts fall vacant; and

(b) select, from among the applicants, the candidate for the post of Vice-Chancellor or Deputy Vice-Chancellor and submit a recommendation to the Council.

(5) A search committee shall determine its own procedure.

(6) There shall be paid to the members of a search committee such allowances as the Council may, in consultation with the Minister, determine.

(7) The Council shall pay the expenses incurred by a search committee in the performance of its functions.

PART II
SENATE

17. Senate

(1) A Senate shall consist of-

(a) the Vice-Chancellor;

(b) the Deputy Vice-Chancellor in charge of academic affairs;

(d) the Principal of a constituent college;

(e) the Deans of schools within the higher education institution;

(f) not more than 14 professors and associate professors who are not members of the Senate by virtue of other provisions of this paragraph and which number shall include at least one professor or associate professor from each school elected by the academic staff in accordance with such election procedures as the Senate may decide;

(g) the Chief Librarian;

(h) the directors of the centres, institutes, bureaux or other similar bodies of the higher education institution;

(i) the Dean of Students;

(j) not more than 14 members of the non-professorial academic staff of the higher education institution from each academic unit, elected by the academic staff in accordance with such election procedures as the academic staff may determine;

(k) two students of the higher education institution who shall be elected by the students of the higher education institution in accordance with such election procedure as the higher education institution student's union may determine; and

(l) not more than four persons appointed by the Vice-Chancellor who are resident in the Republic, are not employed as academic, administrative or other staff of the higher education institution and are capable of contributing to the academic development and life of the higher education institution.

(2) The Vice-Chancellor shall be the Chairperson of the Senate.

(3) There shall preside at any meeting of the Senate-

(a) the Vice-Chancellor;

(b) in the absence of the Vice-Chancellor, the Deputy Vice-Chancellor; or

(c) in the absence of both the Vice-Chancellor and Deputy Vice-Chancellor, such member as the members present may elect from amongst themselves for the purposes of the meeting.

(4) The Deputy Vice-Chancellor in charge of academic affairs shall be the Secretary to the Senate.

17A. Senate of technical university college and university college

(1) A Senate of a technical university college and a university college, consists of-

(a) the Principal;

(b) the Vice-Principal;

(d) the Chief Librarian;

(e) not more than ten members of academic staff of the technical university college or university college from each academic unit elected by the academic staff in accordance with the election procedures that academic staff may determine;

(f) two students of the technical university college or university college elected by the student of the higher education institution in accordance with election procedures that student's union or organisation may determine; and

(g) not more than three persons appointed by the Principal representing industry.

(2) The Principal shall be the chairperson of the Senate of the technical university college or university college.

(3) There shall preside at a meeting of Senate of the technical university college or university college-

(a) the Principal;

(b) in the absence of the Principal, the Vice-Principal; and

(c) in the absence of both the Principal and the Vice-Principal, a member whom the members present may elect from among themselves for the purpose of that meeting.

(4) A person in charge of academic affairs at the technical university college or university college shall be the secretary of the Senate.

18. Tenure of office

Subject to the other provisions of this Act, appointed and elected members of the Senate shall hold office for a period of three years from the date of appointment or election but shall be eligible for re-appointment or re-election for a further period of three years.

19. Meetings of Senate

(1) The Senate shall meet for the conduct of its business at such times and places as the Senate may determine or as the Vice-Chancellor may require, but at least three times during an academic year.

(2) The quorum at any meeting of the Senate shall be one half of the members.

(3) The quorum at any meeting of a committee of the Senate shall be one half of the members of that committee.

20. Delegation of powers and functions

The Senate may delegate to any school, Board of Studies or committee such of its powers and functions as it may consider appropriate.

21. Board of Studies

(1) The Senate shall establish Boards of Studies for the purpose of organising the structure and content of courses of instruction and study in the respective disciplines and the co-ordination of studies within such schools, institutes or bureaux or similar bodies as may be established within the higher education institution.

(2) A Board of Studies established under sub-paragraph (1) shall be composed of such members of the academic staff and students of each school, institute, bureau or similar body and other qualified persons as the Senate may decide.

(3) The Dean of a school or the Director of an institute or bureau or similar body of a higher education institution shall be the Chairperson of the Board of Studies for that school, institute, bureau or similar body.

22. Staff Disciplinary Committee of higher education institution

(1) There shall be established in each higher education institution a Higher Education Institution Staff Disciplinary Committee to investigate and consider disciplinary cases referred to it and make recommendations to the Council.

(2) A Disciplinary Committee shall consist of the following members-

(a) a legal practitioner with not less than 10 years' legal experience, who shall be the Chairperson;

(b) two persons from non-academic members of staff appointed by the Chairperson of the Council; and

(c) two persons nominated by the academic staff of the higher education institution and appointed by the Chairperson of the Council.

(3) A Disciplinary Committee may request any senior member of a department to assist it in the assessment of any particular case.

(4) The Council shall appoint the secretary to the Disciplinary Committee.

(5) The members of a Disciplinary Committee shall hold office for a period of three years and shall be eligible for re-appointment for a further like period.

(6) A Disciplinary Committee shall complete its work within a period of six months from the date from which the suspension of a member of staff takes effect.

(7) The Council may implement the recommendations of the Disciplinary Committee.

(8) A person aggrieved by the decision of the Council may appeal to the High Court.

23. Code of Conduct and Grievance Procedure

A higher education institution shall develop a Code of Conduct and Grievance Procedure which shall bind its members of staff.

PART III
DEANS, DIRECTORS AND HEADS OF DEPARTMENTS

24. Deans and Directors

(1) A Dean of a school and a Director of an institute, bureau or similar body shall be appointed by the Council from among senior members of the academic staff of a school, institute, bureau or similar body concerned in accordance with the provisions of the statute of the higher education institution.

(2) A Dean of a school or Director of an institute, bureau or similar body shall exercise general superintendence over the academic, administrative and financial affairs of a school, institute, bureau or similar body and in particular, shall be responsible for the promotion and maintenance of effective teaching, research, consultancies and services.

25. Heads of Department

(1) The Vice-Chancellor shall, in consultation with the Dean of a school or Director of an institute, bureau or similar body concerned, appoint heads of department from among the senior academic members within each department in accordance with the provisions of the statute of the higher education institution.

(2) A head of department shall co-ordinate the academic and administrative affairs of the department and shall be responsible for the promotion and maintenance of efficient teaching, research and consultancy services under the direction of the Dean.

PART IIIA
RESEARCH AND TEACHING STAFF

25A. Qualifications for research and teaching staff

(1) Staff teaching in a diploma program shall have a minimum qualification of a bachelor's degree in the respective field of specialisation with relevant pedagogical training.

(2) Staff teaching in a bachelor's degree program shall have a minimum qualification of a master's degree in the respective field of specialisation with relevant pedagogical training.

(3) Staff teaching in postgraduate degree programs shall have a minimum qualification of a doctorate degree in the respective field of specialisation with relevant pedagogical training or any other qualifications that may be prescribed by statutory instrument.

(4) Staff engaged in research shall have a minimum qualification of a bachelor's degree in the respective field.

PART IV
STUDENTS

26. Student's affairs unit

There shall be a student's affairs unit under the supervision of the Dean of Students in a higher education institution which shall organise, co-ordinate and administer student's affairs.

27. Student's union and branches

(1) There shall be a student's union or organisation in a higher education institution.

(2) Where a higher education institution has more than one campus, there shall be a branch of the student's union on each campus.

(3) All registered students of the higher education institution shall be members of the student's union.

(4) A student's union shall have a constitution which shall provide for such matters as may be prescribed.

PART I
PRELIMINARY AND INTERPRETATION

1. Short title

This Act may be cited as the Income Tax Act.

2. Interpretation

(1) In this Act, unless the context otherwise requires-

"agro-processing" means subjecting any farming produce produced in Zambia to any process which materially changes the farming produce in substance, character or appearance thereby making it a food product, but does not include-

(a) processing of that farming produce into alcoholic and non-alcoholic beverages, sugar crystals, flour or maize meal; or

(b) further or additional processing of the farming produce by a third party;

[Ins by s 2(a) of Act 10 of 2012 w.e.f. 1 January 2013*.]

"approved annuity contract" means a contract providing for the payment to an individual of a life annuity which has been approved by the Commissioner-General under the Fourth Schedule;

"approved collective investment scheme" means a collective investment scheme approved under the Securities Act;

[Ins by s 2(b) of Act 15 of 2019 w.e.f. 1 January 2020.]

"approved fund" means-

(a) an approved pension fund;

(b) an approved annuity contract;

(d) a pension fund approved before the enactment of this Act under either sub-section (1) or (2) of section 11 of the former Act;

"approved pension fund" means a pension fund or scheme which has been approved by the Commissioner-General under the Fourth Schedule;

"approved share option scheme" means a scheme that has been approved by the Commissioner-General, under the Eighth Schedule;

[Ins by s 2(b) of Act 3 of 2002 w.e.f. 1 April 2002*.]

"assessable income" means the amount of a person's income liable to tax which may be included in an assessment and which remains after allowing the deductions, to which that person is entitled under the provisions of this Act;

"assessment" means the determination of an amount of tax which a person shall be liable to pay under the provisions of this Act;

"Authority" means the Zambia Revenue Authority established under the Zambia Revenue Authority Act;

[Ins by s 2 of Act 7 of 1996 w.e.f. 1 April 1996*.]

"Bank" means a company that holds a banking licence granted under section 4 of the Banking and Financial Services Act;

[Ins by s 2(a) of Act 6 of 1999 w.e.f. 1 April 1999*.]

"bankrupt's estate" means the property of a bankrupt vested by law in and under the control of the trustee in bankruptcy;

"bank subsidiary" means a company where more than 50 per centum of the voting shares of the company (except any qualifying director's shares) are owned directly or indirectly by a bank;

[Ins by s 2(a) of Act 4 of 2000 w.e.f. 1 April 2000*.]

"base metal" means a non-precious metal that is either common or more chemically active, or both common and chemically active and includes iron, copper, nickel, aluminium, lead, zinc, tin, magnesium, cobalt, manganese, scandium, vanadium and chromium;

[Ins by s 2(a) of Act 7 of 2006 w.e.f. 1 April 2006*.]

"basic salary" means the gross amount payable to an employee without any allowances;

"beneficiary", in relation to a terminal benefit, means the individual to whom such benefit is payable;

"branch profits" means the profits of a foreign company derived from the operation of its business within the Republic which are not re-invested in the Republic;

[Ins by s 2 of Act 18 of 2013 w.e.f. 1 January 2014*.]

"business" includes-

(a) any profession, vocation or trade;

(b) any adventure or concern in the nature of trade, whether singular or otherwise;

(d) farming;

(e) agro-processing; and

(f) hedging;

[Subs by s 2(b) of Act 10 of 2012 w.e.f. 1 January 2013*.]

"charge year" means the year for which tax is charged, that is, the period of 12 months ending on the 31st December, and each succeeding such year:

Provided that for the year commencing on 1st April, 2012, and ending 31st December, 2012, the charge year shall be for a period of nine months;

[Subs by s 2(b) of Act 27 of 2011 w.e.f. 1 April 2012*.]

"Charging Schedule" means the last Schedule to this Act, by which, tax credits and rates of tax are fixed;

[Am by s 2(b) of Act 6 of 1999 w.e.f. 1 April 1999*.]

"child" includes a step-child, a lawfully adopted child, an illegitimate child and any child to whom an individual stands in place of a parent;

"collective investment scheme" means a collective investment scheme registered under the Securities Act;

[Ins by s 2(a) of Act 10 of 2012 w.e.f. 1 January 2013*.]

"Commissioner-General" means the Commissioner-General appointed under the Zambia Revenue Authority Act;

[Ins by s 2 of Act 7 of 1996 w.e.f. 1 April 1996*.]

"commodity royalty" means an amount paid under royalty financing or a general agreement to a person or partnership, by a person or partnership resident in the Republic that is computed by reference to the production, profit, or to the value of production from a mineral deposit or other natural resource in the Republic, but does not include the repayment of the purchase price for the commodity royalty;

[Subs by s 2(a) of Act 43 of 2021 w.e.f. 1 January 2022.]

"company" means any company incorporated or registered under any law in force in the Republic or elsewhere;

"date of enactment of this Act" means the 20th May, 1967, and "enactment of this Act" shall be construed accordingly;

"deceased's estate" means the estate of a deceased individual;

"dividend" means any amount distributed or credited as construed in sub-section (3) by a company to its shareholders;

[Am by s 2(a) of Act 4 of 2007 w.e.f. 1 April 2007*.]

"effective shareholder", in relation to a company, means a person who is the beneficial owner of or able to control, either alone or with the nominees of that person, five per centum or more of the issued share capital of or voting powers in such a company;

[Subs by s 2(a) of Act 9 of 1998 w.e.f. 1 April 1998*; am by s 2(c) of Act 6 of 1999 w.e.f. 1 April 1999*, s 2(b) of Act 4 of 2007 w.e.f. 1 April 2007*.]

"electricity generation" means the production of electrical energy using physical and non-physical sources of energy such as water, wind, solar, petroleum, coal, biomass and any other source of energy except wood;

[Ins by s 2(c) of Act 19 of 2015 w.e.f. 1 January 2016.]

"electronic communications network" has the meaning assigned to it in the Information and Communication Technologies Act;

[Ins by s 2 of Act 49 of 2010 w.e.f. 1 April 2011*.]

"electronic communications service" has the meaning assigned to it in the Information and Communication Technologies Act;

[Ins by s 2 of Act 49 of 2010 w.e.f. 1 April 2011*.]

"emolument" means any salary, wage, overtime or leave pay, commission, fee, bonus, gratuity, benefit, advantage (whether or not that advantage is capable of being turned into money or money's worth), allowance, including inducement allowance, pension or annuity, paid, given, or granted in respect of any employment or office, wherever engaged in or held;

"employee", in relation to an employer, means any individual who is paid, given or granted any emolument by that employer;

"employer", in relation to an employee, means any person who or any partnership which pays, gives or grants any emoluments to that employee;

"farming" means the cultivation of crops and plants, raising of livestock or poultry, beekeeping and rearing fish but excludes the letting of any property or provision of a service ancillary to farming;

[Subs by s 2(a) of Act 15 of 2019 w.e.f. 1 January 2020.]

"finance lease" means a lease of implements, machinery, or plant where-

(i) the term of the lease, including any period under an option to renew, is equal to or exceeds 75 per centum of the effective life of the leased implements, plants or machinery;

(ii) the lessee has an option to purchase the implements, plants or machinery at the expiration of the lease for a fixed or determinable price;

(iii) the estimated residual value of the implements, plant or machinery at the expiration of the lease term is less than 25 per centum of its fair market value at the commencement of the lease; or

(iv) the lessor does not retain the risks and rewards of ownership;

[Ins by s 2(d) of Act 4 of 2007 w.e.f. 1 April 2007*; am by s 2(b) of Act 1 of 2008 w.e.f. 1 April 2008*.]

"financial institution" means a person that holds a financial institution's licence granted under section 10 of the Banking and Financial Services Act;

[Ins by s 2(a) of Act 4 of 2000 w.e.f. 1 April 2000*.]

["former Zambia Consolidated Copper Mining Company" rep by s 2(a) of Act 7 of 2006 w.e.f. 1 April 2006*.]

["handicapped person" rep by s 2(e) of Act 6 of 1999 w.e.f. 1 April 1999*.]

["hydro and thermo power generation" rep by s 2(a) of Act 19 of 2015 w.e.f. 1 January 2016.]

"incapacitated person" means a child or a person who has a mental disability that inhibits that person from exercising independent legal capacity;

[Subs by s 2(a) of Act 16 of 2017 w.e.f. 1 January 2018.]

"income generating real estate" means real estate properties that generate a consistent recurring revenue in the form of dividends, interest or cash distribution;

[Ins by s 2(b) of Act 43 of 2021 w.e.f. 1 January 2022.]

"income real estate investment trust" means a collective investment scheme that invests primarily in income generating real estate;

[Ins by s 2(b) of Act 43 of 2021 w.e.f. 1 January 2022.]

"individual" means a natural person;

"industrial minerals" has the meaning assigned to it in the Mines and Minerals Development Act;

[Ins by s 2(b) of Act 7 of 2014 w.e.f. 1 January 2015.]

"industrial park" has the meaning assigned to it in the Zambia Development Agency Act;

[Ins by s 2 of Act 18 of 2013 w.e.f. 1 January 2014*.]

"licensee" has the meaning assigned to it in the Information and Communication Technologies Act;

[Ins by s 2 of Act 49 of 2010 w.e.f. 1 April 2011*.]

"livestock" has the meaning assigned to the word under the Animal Health Act;

[Ins by s 2(a) of Act 15 of 2019 w.e.f. 1 January 2020.]

"local authority" means a City Council, District Council, Municipal Council or any other authority recognised as such under the Local Government Act;

"loss", in relation to gains or profits, means the loss computed in like manner as gains or profits;

"lump sum payment" means-

(a) in relation to a beneficiary who was employed within the Republic throughout the period during which contributions were made, an amount equal to the terminal benefit received by him;

(b) in relation to a beneficiary who was not so employed, an amount that bears the same proportion to the terminal benefit received by him as the period of his employment within the Republic for which contributions were made bears to the total period of his employment for which contributions were made; and

(c) in relation to a beneficiary who is employed on pensionable terms, any amount received or accrued which is paid or payable by an employer upon cessation of employment, by way of compensation for leave due but not taken;

"management or consultant fee" means payment in any form, other than an emolument, for or in respect of any

(a) administrative, consultative, managerial, technical or other service of a like nature; or

(b) creation, design, development, installation or maintenance of any information technology solution, programme, system, or their combination;

[Subs by s 2(b) of Act 16 of 2017 w.e.f. 1 January 2018.]

"manufacturer" means a person carrying on the business of manufacturing;

"manufacturing" means subjecting any physical matter to any process which materially changes such material in substance, character or appearance, thereby making it an article after such process, and includes the assembly of motor vehicles and such other processes as the Commissioner-General may determine to be of a similar nature;

"mineral" has the meaning assigned to it in the Mines and Minerals Development Act;

[Subs by s 2(a) of Act 7 of 2014 w.e.f. 1 January 2015.]

"mineral processing" has the meaning assigned to it in the Mines and Minerals Development Act;

[Subs by s 2 of Act 6 of 2015 w.e.f. 1 July 2015.]

"mining operations" means an operation carried out under a mining right, excluding an operation carried out under a mineral processing licence only or an exploration licence;

[Subs by s 2 of Act 6 of 2015 w.e.f. 1 July 2015.]

"minister" means the minister responsible for financial matters;

"multi-facility economic zone" has the meaning assigned to it in the Zambia Development Agency Act;

[Ins by s 2 of Act 18 of 2013 w.e.f. 1 January 2014*.]

"nominee", in relation to an individual, means-

(a) the spouse of the individual; or

(b) the child of the individual; or

(d) a person who can be required to exercise or a person who can require the exercise of voting powers in the affairs of a company in accordance with directions of the individual;

unless the Commissioner-General determines that the spouse, child or other person is a person who can at all times exercise or require the exercise of voting powers in the affairs of the company otherwise than in accordance with the directions of the individual;

"non-traditional product" anything produced or manufactured in the Republic, excluding-

(a) minerals;

(b) electricity;

(d) cotton lint exported without an export permit from the Minister responsible for commerce, trade and industry;

[Subs by s 2(b) of Act 1 of 2009 w.e.f. 1 April 2009*.]

"open cast mining operations" has the meaning assigned to it in the Mines and Minerals Development Act;

[Ins by s 2(b) of Act 7 of 2014 w.e.f. 1 January 2015.]

"operating lease" means any lease of implements, machinery or plant, other than a finance lease;

[Ins by s 2(d) of Act 1 of 2008 w.e.f. 1 April 2008*.]

"pensionable terms" means terms and conditions of employment under which an employee belongs to any approved pension fund operated by an employer for the benefit of his employee;

"person" includes any body of persons, corporate or otherwise, a corporation sole, a local or like authority, a deceased's estate, a bankrupt's estate and a trust, but does not include a partnership;

"person with disability" has the meaning assigned to it in the Persons with Disabilities Act;

[Subs by s 2(b) of Act 10 of 2012 w.e.f. 1 January 2013*.]

"property loan stock company" means a company listed on the Lusaka Securities Exchange which is involved in real estate investment and development and has a capital structure that consists of property linked units;

[Ins by s 2 of Act 18 of 2013 w.e.f. 1 January 2014*; am by s 12 of Act 15 of 2019 w.e.f. 1 January 2020.]

"property linked unit" means a unit comprising a share and a debenture in a company, where the share and debenture are linked together and cannot be disposed of independently of each other;

[Ins by s 2 of Act 18 of 2013 w.e.f. 1 January 2014*.]

"prospecting and exploration operations" means-

(a) any operations for the purpose of searching for mineral deposits; or

(b) any operations for the purpose of defining the extent and determining the value of a mineral deposit;

"public benefit activity" means an activity listed in the Tenth Schedule to this Act and any other activity determined by the Minister, by notice in the Gazette, to be of a benevolent nature having regard to the needs, interest and well-being of the general public;

[Ins by s 2(c) of Act 1 of 2009 w.e.f. 1 April 2009*.]

"public benefit organisation" means an organisation which is-

(a) a company limited by guarantee incorporated in the Republic under the Companies Act;

(b) a trust incorporated under the Land (Perpetual Succession) Act;

(d) an educational institution registered under the Education Act;

(e) a health institution registered under the Medical and Allied Professions Act;

(f) an amateur sporting association registered under the Sports Council of Zambia Act; or

(g) any association or organisation registered under the laws of Zambia;

exclusively established for the purpose of providing a public benefit activity;

[Ins by s 2(c) of Act 1 of 2009 w.e.f. 1 April 2009*.]

"public entertainment fee" means a payment in any form other than an emolument to, on behalf of, or in respect of, any person or persons in partnership, including theatre, motion picture, radio or television artists, musicians, athletes or sports persons, in respect of those persons' personal activities in any entertainment, competition or similar activity within the Republic;

[Ins by s 2(a) of Act 4 of 2000 w.e.f. 1 April 2000*.]

"purchase price" is the amount paid by a non-resident to a person resident in the Republic in return for future payments of commodity royalty;

[Ins by s 2 of Act 20 of 2020 w.e.f. 1 January 2021.]

"registered insurer" means an insurer registered under Part II of the Insurance Act;

"retirement age" means the age specified in the rules of an approved fund as the age of retirement or, if no age is specified in the rules, 60 years of age;

[Am by s 2(b) of Act 19 of 2015 w.e.f. 1 January 2016.]

"royalty" means a payment in any form received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work (including cinematograph films and films and tapes for radio or television broadcasting), any patent, trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience;

"royalty financing" means a financing agreement or arrangement where a purchase price is made and includes an arrangement of a similar nature;

[Ins by s 2 of Act 20 of 2020 w.e.f. 1 January 2021.]

"rural area" means any area which is not an area declared or deemed to have been declared an area of any city or municipality or township under the Local Government Act;

"rural enterprise" means-

(a) a manufacturing business which commenced on or after the 1st April, 1976;

(b) a hotel, motel or lodge which commenced on or after the 1st April, 1981,

and which is located in a rural area;

"Securities and Exchange Commission" means the Securities and Exchange Commission established under the Securities Act;

[Ins by s 2(b) of Act 43 of 2021 w.e.f. 1 January 2022.]

"services" means any services provided in the normal course of business by a person engaged in any business activity specified in the Third Schedule;

"share option scheme" means a scheme that provides an option to an employee to acquire shares in the company that employs that employee or otherwise;

[Ins by s 2(b) of Act 3 of 2002 w.e.f. 1 April 2002*.]

"tax" means the income tax charged by this Act;

"taxpayer identification number" means a number designated and issued by the Commissioner-General-

(a) to any corporate person or unincorporated body of persons; and

(b) to an individual who has attained the age of 18 years;

[Subs by s 2(c) of Act 16 of 2017 w.e.f. 1 January 2018.]

"terminal benefit" means the amount payable from a fund or scheme, approved as an approved fund or as a benefit fund or pension fund at any time under the law relating to the taxation of income in the Republic prior to the enactment of this Act to an individual who is or was a member of that fund or scheme, on cessation of employment, withdrawal from or the winding up of the fund or scheme, but does not include an amount received-

(a) by way of annuity;

(b) in respect of services; or

"underground mining operations" has the meaning assigned to it in the Mines and Minerals Development Act;

[Ins by s 2(b) of Act 7 of 2014 w.e.f. 1 January 2015.]

"whole time service director" means a director of a company who is required to devote substantially the whole of his time to the service of such company in a managerial or technical capacity and is not the beneficial owner of, or able to control alone or with his nominees, five per centum or more of the issued share capital of or voting powers in such company;

"Zambia Agency for Persons with Disabilities" means the Zambia Agency for Persons with Disabilities established under the Persons with Disabilities Act;

[Ins by s 2(b) of Act 3 of 2002 w.e.f. 1 April 2002*.]

"Zambia Development Agency" means the Zambia Development Agency established under the Zambia Development Agency Act.

[Ins by s 2(b) of Act 43 of 2021 w.e.f. 1 January 2022.]

(1A) Subject to sub-section (1B) where a provision of the Act refers, expressly or by implication, to a payment of a specified amount which is denominated in kwacha and the payment is made in another currency the amount of the payment, for purposes of that provision, shall be converted into kwacha at the appropriated rate published by the Bank of Zambia as at the end of the day on which the payment is due, irrespective of when the payment is actually made.

[S 2(1A) ins by s 2(f) of Act 6 of 1999 w.e.f. 1 April 1999*.]

(1B) Where the payment referred to in sub-section (1A) is a payment of interest and the borrower has borrowed the principal in the course of a business carried on by the borrower, the conversion required by sub-section (1A) shall, subject to any direction by the Commissioner-General, be calculated as at the end of each day on which the interest accrues, irrespective of when payment of the interest is due.

[S 2(1B) ins by s 2(f) of Act 6 of 1999 w.e.f. 1 April 1999*.]

(2) For the purposes of this Act, a beneficiary who was employed outside the Republic by the Government, or the Government of the former Federation, or a local authority or statutory corporation, during any period in which ordinary contributions were made, is, if he was resident outside the Republic only for the purpose of that employment, deemed to have been employed within the Republic during that period.

(3) The reference in the definition of "dividend" to "amount distributed or credited" shall be read and construed-

(a) so as to include-

(i) in relation to a company that is being wound up or liquidated, any profits distributed, whether in cash or otherwise, other than those of a capital nature, earned before or during the winding up or liquidation;

(ii) in relation to a company that is not being wound up or liquidated, any profits distributed, whether in cash or otherwise, other than those of a capital nature, including the value of that element of any shares awarded to its shareholders which is redeemable or capable of redemption by conversion and any debentures or securities awarded to its shareholders by a company;

(iii) in the event of the partial reduction of the capital of a company, any cash or the value of any asset which is given to the shareholder in excess of the cash equivalent of the nominal value by which the shares of that shareholder are reduced; and

(iv) in the event of the reconstruction of a company, any cash or the value of any asset which is given to the shareholder in excess of the nominal value of the shares held by him before reconstruction;

(b) so as not to include any cash or the value of any asset given to a shareholder, to the extent to which the cash or the value of the said asset represents a reduction of the share premium account of the company.

(4) Any reference in this Act to bankruptcy shall be construed in accordance with the provisions of the Bankruptcy Act, and "bankruptcy" shall be construed accordingly.

[S 2 am by Act 23 of 1968, 11 of 1969, 26 of 1970, 17 of 1971, 16 of 1972, 11 of 1973, 11 of 1975, 14 of 1976, 9 of 1977, 10 of 1979, 10 of 1981, 12 of 1982, 11 of 1984, 11 of 1985, 8 of 1986, 14 of 1987, 15 of 1990, 12 of 1991, 11 of 1992, 4 of 1993, 12 of 1994, 2 of 1995, 7 of 1996, 3 of 1977.]

3. ...

[S 3 rep by s 3 of Act 7 of 1996 w.e.f. 1 April 1996*.]

4. Resident

(1) An individual is, for the purposes of this Act, not treated as a resident in the Republic who is in the Republic for some temporary purpose only and not with any view or intent of establishing his residence therein, and who has not actually resided in the Republic at one time or several times for a period equal in the whole to 183 days in any charge year, but if any such individual resides in the Republic for the aforesaid period he shall be treated as resident for that year.

(2) .

[S 4(2) rep by s 3(a) of Act 4 of 2000 w.e.f. 1 April 2000*.]

(3) In this Act, a person other than an individual is resident in the Republic for any charge year if-

(a) the person is incorporated or formed under the laws of the Republic; or

(b) the place of effective management of the person's business or affairs is in the Republic for that year.

[S 4 am by Act 11 of 1969; s 4(3) subs by s 3(b) of Act 4 of 2000 w.e.f. 1 April 2000*; s 4(3)(b) subs by s 3 of Act 16 of 2017 w.e.f. 1 January 2018.]

5. Receipt of income

(1) In this Act, income is received by a person when, in money or money's worth, or in the form of any advantage, whether or not that advantage is capable of being turned into money or money's worth, it is paid, given or granted to him, or it accrues to him or in his favour, or it is in any way due to him or held to his order or on his behalf, or it is in any way disposed of according to his order or in his favour, and the word "recipient" is construed accordingly.

(2) For the purposes of this Act-

(a) a dividend shall be deemed to accrue to share or stock holders, in the case of a dividend paid by a company which is being wound up or liquidated, on the day the dividend is received as provided in sub-section (1), and in the case of a dividend paid by a company which is not being wound up or liquidated, on the day of the resolution declaring the dividend:

Provided that where the resolution states that the dividend is to be paid to share or stock holders registered on a day in the future, the dividend shall be deemed to accrue to the share or stock holders on that day in the future; and

[S 5(2)(a) proviso subs by s 3 of Act 6 of 1999 w.e.f. 1 April 1999*.]

(b) a dividend accruing to a person which is deemed by virtue of any provision of this Act to be income of some other person shall be deemed to accrue to that other person on the day the dividend is by virtue of the provisions of paragraph (a) deemed to accrue.

[S 5 am by Act 23 of 1968, 11 of 1973, 10 of 1979.]

PART II
ADMINISTRATION

6. Commissioner-General's functions

(1) The Commissioner-General shall be responsible for carrying out the provisions of this Act.

(2) ...

[S 6 subs by s 4 of Act 7 of 1996 w.e.f. 1 April 1996*; s 6(2) am by s 7 of Act 49 of 2010 w.e.f. 1 April 2011*; s 6(2) rep by s 3 of Act 20 of 2020 w.e.f. 1 January 2021.]

7. Officers and delegation of functions

(1) The Commissioner-General may delegate to any officer in the Authority any power or duty by this Act conferred or imposed upon him, other than those conferred on him by section 104 and this power of delegation, and, save as especially provided by this Act, any decision made or any notice or communication issued or signed by any such officer may be amended or withdrawn by the Commissioner-General, or by the officer concerned, and shall, for the purposes of this Act, until it has been so withdrawn, be treated as having been made, issued or signed by the Commissioner-General.

[S 7(1) am by s 16 of Act 20 of 2020 w.e.f. 1 January 2021.]

(2) Every officer appointed for the purposes of carrying out the provisions of this Act is under the Commissioner-General's direction and control, and shall perform such duties as may be required by the Commissioner-General.

(3) The Commissioner-General may appoint a person to collect base tax, presumptive tax, turnover tax or tax on rental income assessed or payable under the provisions of this Act on such terms and conditions as the Minister may, by statutory instrument, prescribe.

[S 7(3) subs by s 4 of Act 16 of 2017 w.e.f. 1 January 2018.]

8. Secrecy

(1) Any individual who-

(a) is, or at any time has been, an officer appointed for the purpose of carrying out the provisions of this Act; or

(b) has at any time been given official access to documents or matters arising under this Act; or

(c). .

[S 8(1)(c) rep by s 6 of Act 7 of 1996 w.e.f. 1 April 1996*.]

(d) is, or at any time has been, the Chairman, Deputy Chairman, Special Chairman, or an employee of the Tax Appeal Court or its successor;

[S 8(1)(d) am by s 5 of Act 4 of 2000 w.e.f. 1 April 2000*.]

shall preserve and aid in preserving secrecy concerning the affairs of any person under this Act, save as the duty under this Act of that individual requires:

Provided that-

(i) the Commissioner-General may disclose any information, record or document to the Minister or to any public officer authorised by the Minister in writing and to the Director of Public Prosecutions when acting in exercise of his powers under the Anti-Corruption Commission Act;

(ii) any individual appointed for carrying out the provisions of this Act may disclose any information, record or document to the Auditor-General and any officer authorised by the Auditor-General;

(iii) no individual who is, or at any time has been, an officer appointed for the purpose of carrying out the provisions of this Act shall be required to produce in any court any document or to communicate to any court any information which has come into his possession or to his knowledge in the performance of his duties under this Act, except as may be necessary for the purpose of carrying out the provisions of this Act.

(2) Any individual who is in contravention of sub-section (1) who uses or reveals any information, record or document disclosed to him in accordance with the proviso to sub-section (1) save as his official duties require shall be guilty of an offence punishable with imprisonment for a term not exceeding two years or with a fine not exceeding two hundred penalty units, or to both.

[S 8 am by Act 17 of 1971, 14 of 1973, 14 of 1976, 8 of 1986, 13 of 1994, 14 of 1994.]

9. Regulations

The Minister may make regulations by statutory instrument in furtherance of and incidental to the provisions of this Act.

10. Record of assessment

The Commissioner-General shall cause a record to be kept of every assessment made under this Act.

11. Forms and notices

(1) All forms required for the administration of this Act shall be as prescribed by the Commissioner-General from time to time.

(2) Notices, forms, demands or other documents issued or given by the Commissioner-General under this Act may be signed by any officer authorised by the Commissioner-General in that behalf, and any such notice, form, demand or other document purporting to be signed by order of the Commissioner-General shall be as valid as if signed by the Commissioner-General.

(3) .

[S 11 am by Act 26 of 1970; s 11(3) rep by s 7 of Act 7 of 1996 w.e.f. 1 April 1996*.]

12. Notices and service

(1) References in this section to the giving of notice include any service of process under this Act.

(2) Notice to any individual under this Act is given to him-

(a) at the time it is served on him personally or electronically; or

[S 12(2)(a) am by s 2(a) of Act 1 of 2004 w.e.f. 1 April 2004*.]

(b) at the time it is left with some adult individual apparently living or occupying or employed at his last known abode, office or place of business; or

(c) unless the addressee proves to the contrary, 10 days after it has been sent by post to his last known abode, or office, or to his postal address as notified by him to the Commissioner-General, or in care of his last known employer.

(3) Notice is given to any company at the time it is given to that company's taxpaying agent (as determined in section 66) in the manner provided by sub-section (2), or at the time it is sent, in the case of a company incorporated in the Republic, to the registered office of the company, and in the case of a company incorporated outside the Republic, either to the individual authorised to accept service of process under the Companies Act at the address filed with the Registrar of Companies, or to the registered office of the company wherever it may be situated, or, in either case, to any premises in the Republic where the company is carrying on business.

(4) Notice is given to any body corporate, other than a company, at the time it is given to the principal officer, secretary, accountant or manager in the Republic of such body corporate in a manner provided by sub-section (2), or at the time it is sent to the registered address, if any, of the said body corporate, or to any premises in the Republic where the said body corporate exercises any of its functions or powers.

(5) Notice to the Commissioner-General under this Act is given to him-

(a) at the time it is served upon him personally, electronically or upon any officer of the Authority duly authorised by the Commissioner-General to receive such notice; or

[S 12(5)(a) am by s 2(b) of Act 1 of 2004 w.e.f. 1 April 2004*.]

(b) unless the Commissioner-General proves to the contrary, 10 days after it has been sent by post addressed to the Commissioner-General or any officer of the Authority duly authorised by the Commissioner-General to receive such notice.

[S 12(5) am by s 8 of Act 7 of 1996 w.e.f. 1 April 1996*.]

(6) In this section, the term "post" means registered or unregistered post.

(7) Notice of any change in the place of abode or the postal address of any person receiving income assessable to tax shall be delivered in writing by that person to the Commissioner-General within 30 days of such change.

[S 12 am by Act 26 of 1970, 11 of 1975.]

13. .

[S 13 rep by s 9 of Act 7 of 1996 w.e.f. 1 April 1996*.]

PART III
CHARGE OF TAX

14. Charge of tax

(1) Subject to the provisions of this Act, tax shall be charged at the rates set out in the Charging Schedule for each charge year on the income received in that charge year-

[S 14(1) am by s 4(a) of Act 6 of 1999 w.e.f. 1 April 1999*.]

(a) by every person from a source within or deemed to be within the Republic; and

(b) by any individual ordinarily resident in the Republic, or by every person, not being an individual, who is resident in the Republic, by way of interest and dividends from a source outside the Republic.

[S 14(1)(b) subs by s 3(a) of Act 9 of 1998 w.e.f. 1 April 1998*.]

(2) Subject to the other provisions of the Act, in the case of an individual, the amount of tax which, apart from this sub-section, would be charged in respect of any income received by that person in that charge year shall be reduced by the amount of the tax credit appropriate to such person for that charge year as specified in the Charging Schedule and that person shall be liable to pay tax for that charge year an amount equal to that reduced amount:

Provided that any assessment of that income shall-

(a) be for the whole amount of tax due before any tax credit; and

(b) show the amount due and payable after reduction by the amount of any credit due.

[S 14(2) subs by s 3(b) of Act 9 of 1998 w.e.f. 1 April 1998*; am by s 4(b) of Act 6 of 1999 w.e.f. 1 April 1999*.]

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