The Higher Education Bill, 2013.pmd
THE HIGHER EDUCATION BILL, 2013

MEMORANDUM

The objects of this Bill are to—

(a) provide for the establishment of the Higher Education Authority and
define its functions and powers;

(b) provide for quality assurance and quality promotion in higher
education;

(c) provide for the establishment, governance and regulation of public higher
education institutions;

(d) provide for the registration and regulation of private higher education
institutions;

(e) repeal and replace the University Act, 1999; and
(f) provide for matters connected with, or incidental to, the foregoing.

M. MALILA,
Attorney-General

N.A.B. 4 of 2013
13th February, 2013

THE HIGHER EDUCATION ACT, 2013

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY

Section
1. Short title
2. Interpretation
3. Application

PART II
THE HIGHER EDUCATION AUTHORITY

4. Establishment of Authority
5. Seal of Authority
6. Functions of Authority
7. Board of Authority
8. Director-General, Secretary and other staff
9. Management of property
10. Inspectorate unit

PART III
HIGHER EDUCATION SYSTEM

11. Types of higher education institutions
12. Functions of higher education institution
13. Powers of Minister

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

Division 2—Registration of Private Higher Education
Institutions

15. Prohibition of operation of unregistered private higher
education institutions

Higher Education [No. 4 of 2013 93

Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 27.00 each.

Section
16. Establishment and maintenance of private higher education

institutions
17. Operational plan of private higher education institutions
18. Change in establishment or operational plan
19. Application for registration of private higher education

institutions
20. Criteria for registration
21. Certificate of registration
22. Display of certificate of registration
23. De-registration of private higher education institutions

PART V
GOVERNANCE AND REGULATORY FRAMEWORK FOR

HIGHER EDUCATION INSTITUTIONS
Division 1 —The Council

24. Council of higher education institutions
25. Functions of Council
26. Management of property of public higher education

institutions
27. Restriction on execution against property of public higher

education institutions
28. Chancellor and staff
29. Statutes
30. Degrees and other academic awards
31. Examinations
32. Dissolution of Council of public higher education institution
33. Appeals from Council decision
34. Rights of Council in discoveries and consultancy

Division 2—Senate
35. Senate
36. Functions of Senate

PART VI
TRANSFORMATION, AMALGAMATION AND CLOSURE

OF HIGHER EDUCATION INSTITUTIONS
37. Affiliation to public higher education institution
38. Constituent college of public higher education institution
39. Merger of public higher education institutions

94 No. 4 of 2013] Higher Education

Section
40. Closure of public higher education institution
41. Closure of private higher education institution

PART VII
GENERAL PROVISIONS

42. Fees
43. Keeping of records
44. Annual levy
45. Public-private partnership
46. Appeals
47. Register of higher education institutions
48. Publication of higher education institutions
49. Offences and penalties
50. General penalty
51. Offences by body corporate or unincorporate body
52. Regulations
53. Repeal of Act No. 11 of 1999

FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE

Higher Education [No. 4 of 2013 95

An 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.

[ 22nd March, 2013

ENACTED by the Parliament of Zambia.

PART I
PRELIMINARY

1. This Act may be cited as the Higher Education Act, 2013,
and shall come into operation on such date as the Minister may, by
statutory instrument, appoint.

2. 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;

“ aided higher education institution ” means a college, other
than a public college, established or maintained by any
person, organisation or community with assistance from
the Ministry;

“ affiliated institution ” means a college or higher education
institution affiliated to a public higher education institution
under section thirty-seven;

“ Authority ” means the Higher Education Authority
established under section four;

Higher Education [No. 4 of 2013 97

Enactment

Short title
and
commencement

Interpretation

GOVERNMENT OF ZAMBIA

ACT
No. 4 of 2013

Date of Assent: 21st March, 2013

“ Bursar ” means a person appointed Bursar under paragraph
11 of the Third Schedule;

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

“ constituent college ” means a college or institution established
or declared, by statutory order, as a constituent college or
institution of a public higher education institution under
section thirty-eight;

“ Council” means the Council of a higher education institution
established under section twenty-four;

“ course of study ” means the structure for academic
qualification and the subjects of study in the course;

“ 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 eight;

“ educational institution ” has the meaning assigned to it in
the Education Act, 2011;

“ Framework ” means the National Qualifications Framework
provided for under the Zambia Qualifications Authority
Act, 2011;

“ higher education ” means tertiary education leading to the
qualification of a diploma, Bachelor’s Degree, Master’s
Degree or Doctorate Degree;

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

98 No. 4 of 2013] Higher Education

Act No. 23 of
2011

Act No. 13 of
2011

“ 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 enrolled and receiving
knowledge, skill or competence at a higher education
institution;

“ learning programme ” means a process by which learners
acquire knowledge, skill and competence, or a course of
study or instruction, apprenticeship, training and
employment;

“ Librarian ” means the person appointed Librarian under
paragraph 10 of the Third Schedule;

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

“principal officer ” means the Vice-Chancellor, Deputy Vice-
Chancellor, Registrar, Bursar, Librarian or Dean of
Students;

“ 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, 2004;

“ 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;

Higher Education [No. 4 of 2013 99

Act No. 15
of 2004

“ 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 forty-seven;

“ 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 an academic unit of a public higher education

institution in which teaching, learning, study and research
are pursued;

“ 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 thirty-five;

“ Secretary ” means the person appointed Secretary of the
Authority under section eight;

“ statutes ” means the rules governing a higher education
institution made under section twenty-nine;

“students’ affairs unit ” means a students’ affairs unit
established under paragraph 26 of the Third Schedule;

“ students’ union ” means an association of students established
under paragraph 27 of the Third Schedule;

“ Tribunal ” means a Higher Education Institution Staff
Tribunal established under paragraph 22 of the Third
Schedule; and

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

3. This Act does not apply to colleges—
(a) registered under the Technical Education, Vocational and

Entrepreneurship Training Act, 1998;
(b) colleges of education accredited under the Teaching

Profession Act, 2013; or
(c) established by or under any written law.

100 No. 4 of 2013] Higher Education

Act No. 11 of
1999

Application

Act No. 13
of 1998

Act No. of
2013

PART II

THE HIGHER EDUCATION AUTHORITY
4. (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. (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. (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 coordinated higher education system which
promotes corporate governance and provides for a
programme based higher education;

(d) regulate higher education institutions and coordinate the
development of higher education;

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

Higher Education [No. 4 of 2013 101

Establishment
of Authority

Seal of
Authority

Functions of
Authority

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

(h) promote the access of students to higher education
institutions;

(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; and

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

(j) advise the Minister on the funding arrangements for
public higher education institutions;

(k) advise the Minister on staff development for higher
education;

(1) promote equity in access to higher education through
the provision of student assistance programmes;

(m) promote international cooperation and facilitate exchange
through the provision of student assistance research and
teaching; and

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

(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.

102 No. 4 of 2013] Higher Education

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

(a) one representative each from the Ministries responsible
for

(i) education;

(ii) vocational and entrepreneurship training; and

(iii) labour;

(b) a representative of the Zambia Institute of Advanced Legal
Education;

(c) a representative of the Attorney-General;
(d) a representative of the Zambia Association of Chambers

of Commerce and Industry;

(e) a representative of the Examinations Council of Zambia;
(f) a representative of the Zambia Institute of Human Resource

Management;

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

(h) two other persons with expertise in matters relating to
higher education.

(2) The Minister may give to the Board general or specific
directives which are consistent with the provisions of this Act and
the Board shall implement the directives.

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

(a) has been adjudged bankrupt;
(b) has a mental disability that would make the person

incapable of performing the functions of a member; or
(c) 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.

Higher Education [No. 4 of 2013 103

Board of
Authority

(4) The Minister shall appoint the Chairperson of the Board
from among the members of the Board.

(5) The members shall elect the Vice-Chairperson of the Board
from amongst themselves.

(6) A member shall, subject to the other provisions of this
section, hold office for a term of three years and may be reappointed
for one further term of three years.

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

(8) The office of a member becomes vacant—
(a) if the member is absent, without reasonable excuse, from

three consecutive meetings of the Board of which the
member had notice;

(b) if the member is adjudged bankrupt;
(c) if the member 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) if the member is convicted of an offence involving fraud
or dishonesty;

(e) if the member has a mental disability that makes the member
incapable of performing the functions of a member; or

(f) upon the member’s death.
(9) The provisions of the First Schedule apply to the Board.

8. (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. (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.

104 No. 4 of 2013] Higher Education

Director-
General,
Secretary
and other
staff

Management
of property

(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. (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 subsection (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.

Higher Education [No. 4 of 2013 105

Inspectorate
unit

(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;

(c) impersonates an inspector or presents oneself to be an
inspector; or

(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. (1) Higher education institutions shall consist of the
following:

(a) universities; and
(b) colleges.

(2) Higher education institutions may be public or private.

12. (1) The functions of a higher education institution are to—

(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;

(c) create conditions for lifelong learning;
(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
needs;

(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;

106 No. 4 of 2013] Higher Education

Types of
higher
education
institutions

Functions of
higher
education
institutions

(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;
(c) publish academic and other literature;
(d) define its organisational structure and internal working

regulations;
(e) enroll and dismiss learners;
(f) provide consultancy services to the public; and
(g) establish forms of cooperation with local and foreign higher

education institutions.
13. (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. (1) The Minister may, by statutory instrument, establish

or declare an educational institution as a public higher education
institution.

Higher Education [No. 4 of 2013 107

Powers of
Minister

Establishment
of public
higher
education
institution

(2) A public higher education institution established or declared
under subsection (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.

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

Division 2 - Registration of Private Higher Education
Institutions

15. (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 subsection (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. (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 subsection (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. (1) A private higher education institution shall develop an
operational plan which shall include the following:

(a) the proposed education level or course of study which it
intends to offer;

(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 course or level of education to
achieve the learning outcomes; and

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

108 No. 4 of 2013] Higher Education

Prohibition
of operation
of
unregistered
private
higher
education
institution

Establishment
and
maintenance
of private
higher
education
institution

Operational
plan of
private
higher
education
institution

(2) The proprietor of a private higher education institution shall
submit the operational plan, prepared in accordance with subsection
(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. (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 thirty 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. (1) A person who intends to operate a private higher
education institution shall apply to the Authority for registration
of the private higher education institution in the prescribed manner
and form upon payment of the prescribed fee.

Higher Education [No. 4 of 2013 109

Change in
establishment
or
operational
plan

Application
for
registration
of private
higher
education
institution

(2) The Authority may, within thirty days of the receipt of an
application under subsection (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. The Authority shall approve an application for registration
if —

(a) the name of the higher education institution does not so
resemble the name of another higher education institution
as to mislead the public to believe that the institution is
that other higher education institution or that the higher
education institution is funded by the 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 and adequate having regard to the number, age
and gender of the learners who are to attend the
institution;

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

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

(e) the private higher education institution fulfills the
prescribed minimum requirements of health and safety
and conforms with the building regulations under the
relevant written law;

(f) adequate financial provision has been made or is 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 qualitative higher education;

(h) the learning programmes to be provided at the private
higher education institution are of a quality that will
enable the private higher education institution to provide
a standard of higher education in accordance with this
Act; and

110 No. 4 of 2013] Higher Education

Criteria for
registration

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

21. (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 subsection (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. A private higher education institution 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.

23. (1) The Authority shall deregister a private higher education
institution if—

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

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

(c) the private higher education institution 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 is being managed in a manner
that is detrimental to the interest of peace, order or good
management;

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

(e) the private higher education institution has been closed for
a period exceeding six months.

(2) The Authority shall, before deregistering a private higher
education institution under subsection (1)—

Higher Education [No. 4 of 2013 111

Certificate of
registration

Display of
certificate of
registration

Deregistration
of private
higher
education
institution

(a) by notice, in writing—
(i) inform the private higher education institution of

the intention to deregister it;

(ii) state the ground for the proposed deregistration
and request the private higher education
institution to take such remedial measures as it
may determine; and

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

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

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

(3) The Authority shall order the closure of a private higher
education institution where its proprietor fails to take the remedial
measures determined by the Authority under paragraph (a) of
subsection (2) and such order shall be published in the Gazette.

(4) A private higher education institution 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 subsection (4) or operates a
deregistered private higher education institution 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.

PART V
GOVERNANCE AND REGULATORY FRAMEWORK FOR

HIGHER EDUCATION INSTITUTIONS
Division 1 The Council

24. (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 a Council for the private higher education institution.

112 No. 4 of 2013] Higher Education

Council of
higher
education
institution

25. (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 subsection (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;

(c) determine the salaries and other conditions of service of
the staff 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;

Higher Education [No. 4 of 2013 113

Functions of
Council

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

29. (1) A higher education institution shall adopt statutes to
govern its administration.

(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.

114 No. 4 of 2013] Higher Education

Management
of property
of public
higher
education
institution

Restriction
on execution
against
property of
public higher
education
institution

Chancellor
and staff

Statutes

30. (1) A higher education institution may—
(a) confer such degrees as may be specified in its statutes;
(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. 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. (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, appoint a caretaker committee which shall exercise the
powers, functions and duties of the Council.

33. (1) A member of the academic or administrative staff of a
higher education institution aggrieved with the decision of the
Council may, within fourteen 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 subsection (2) shall be the date on which the period allowed
under that subsection expires.

34. (1) Subject to subsection (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.

Higher Education [No. 4 of 2013 115

Degrees and
other
academic
awards

Examinations

Dissolution
of Council
of public
higher
education
institution

Appeals
from Council
decision

Rights of
Council in
discoveries
and
consultancy

(2) A higher education institution may pay to a person who makes
a discovery, invention or improvement under subsection (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. (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. (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 subsection (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 degree courses within the higher education
institution;

(c) regulate and determine the requirements for the admission
of persons to the higher education institution and to
courses of study in the higher education institution and
their continuance in such courses;

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

(e) appoint examiners;
(f) award 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;

(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;

116 No. 4 of 2013] Higher Education

Senate

Functions of
Senate

(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 any degree or other
award 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.

(4) A person aggrieved with the decision of the Senate under
subsection (3) may, within thirty days of the service of the decision
of Senate, appeal to the Council.

(5) A person aggrieved with the decision of the Council under
subsection (4) may, within thirty 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.

Higher Education [No. 4 of 2013 117

PART VI
TRANSFORMATION, AMALGAMATION AND CLOSURE

OF HIGHER EDUCATION INSTITUTIONS
37. (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 subsection (1)—

(a) the Council shall appoint two representatives of the public
higher education institution on the 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 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;

118 No. 4 of 2013] Higher Education

Affiliation to
public
higher
education
institution

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

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

(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 subsection (1),
the Minister shall, by the same or a subsequent order —

(a) in consultation with the Council, appoint not more than
eleven 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;

Higher Education [No. 4 of 2013 119

Constituent
college of
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.

39. (1) Subject to subsection (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
subsection (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 ninety 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 subsection
(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.

120 No. 4 of 2013] Higher Education

Merger of
public
higher
education
institutions

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

(5) The interim council appointed under subsection (3) shall
consist of—

(a) a chairperson; and
(b) four other members.

(6) The members appointed under paragraph (b) of subsection
(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 coopt three members of the interim
management referred to in paragraph (a) of subsection (8) and those
members shall not have voting powers.

(8) The interim council shall, in addition to the functions
provided in subsection (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

(c) ensure that such other structures as may be determined in
the statute are constituted.

40. (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.

Higher Education [No. 4 of 2013 121

Closure of
public
higher
education
institution

(3) Where a public higher education institution is closed under
subsection (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. (1) The Authority may close a private higher education
institution, for a specified period, on grounds of health or public
disorder.

(2) Notwithstanding any other provisions of this Act, where a
private higher education institution is deregistered, the Authority
may, in the national interest, after giving the proprietor the right to
be heard, direct that the private higher education institution be
operated under the management and control of a competent person,
in this section referred to as the “ statutory manager ”.

(3) A statutory manager shall be appointed by the Authority
for such period and upon such terms and conditions as the Authority
may determine.

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

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

PART VII
GENERAL PROVISIONS

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

43. 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. 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.

122 No. 4 of 2013] Higher Education

Closure of
private
higher
education
institution

Fees

Keeping of
records

Annual levy

45. A higher education institution may enter into a public-
private partnership in accordance with the Public-Private
Partnership Act, 2009.

46. A person aggrieved with the decision of the Minister under
this Act may appeal to the High Court within thirty days of the
service of the decision on that person.

47. (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 subsection (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. 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. (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.

Higher Education [No. 4 of 2013 123

Public-
private
partnership
Act No. 14
of 2009

Appeals

Register of
higher
education
institutions

Publication
of higher
education
institutions

Offences and
penalties

(2) A person who contravenes subsection (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. 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. 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. (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;

124 No. 4 of 2013] Higher Education

General
penalty

Offences by
body
corporate or
unincorporate
body

Regulations

(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;
(c) the manner of operating a higher education institution;
(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; and

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

53. (1) The University Act, 1999, is hereby repealed.
(2) Notwithstanding subsection (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.

Higher Education [No. 4 of 2013 125

Repeal of
Act No. 11
of 1999
Act No. 11 of
1999

FIRST SCHEDULE

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

ADMINISTRATION OF THE AUTHORITY

PART I

THE BOARD OF THE AUTHORITY
1. (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 fourteen days, a meeting
of the Board may be called by the Chairperson and shall be called
if not less than onethird 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.

126 No. 4 of 2013] Higher Education

Proceedings
of Board

(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.

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

4. (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 subparagraph (1) shall
be recorded in the minutes of the meeting at which it is made.

5. (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 subparagraph (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.

Higher Education [No. 4 of 2013 127

Committees
of Board

Allowances

Disclosure of
interest

Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons

(3) A person who, having any information which to the knowledge
of that person has been published or disclosed in contravention of
subparagraph (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. 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. (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

(c) vest in or accrue to the Authority.
(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

(c)charge and collect fees for services provided by the
Authority.

(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

(c) any other expenses incurred by the Board in the
performance of its functions under this Act.

128 No. 4 of 2013] Higher Education

Immunity

Funds of
Authority

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

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

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

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

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

10. (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 subparagraph (1) shall include
information on the financial affairs of the Authority and there shall
be appended to the report—

(a) an audited balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require.

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

Higher Education [No. 4 of 2013 129

Financial
year

Accounts and
audit

Annual
report

SECOND SCHEDULE
(Sections 14 (3) and 24(2))

ADMINISTRATION OF COUNCIL OF PUBLIC HIGHER
EDUCATION INSTITUTION

PART I
THE COUNCIL

1. A Council shall consist of the following part-time members
appointed by the Minister:

(a) the Vice-Chancellor, who shall be an ex-officio member;
(b) a Deputy Vice-Chancellor who shall be an ex-officio member;
(c) one member of staff of a local authority in whose area the

higher education institution is located, who shall be
nominated by the local authority;

(d) two members of the academic staff of the higher education
institution who are members of Senate, who shall be
nominated by Senate;

(e) one member who is associated with higher education
institutions outside the Republic;

(f) one member who is associated with other higher education
institutions within the Republic;

(g) one member who is a student of the higher education
institution, who shall be nominated by the students of
the higher education institution in accordance with such
election procedure as the students’ union may determine;

(h) one person who is a member of the non-academic staff of
the higher education institution, who shall be nominated
by the non-academic staff of the higher education
institution in accordance with such election procedure
as the non-academic staff may determine;

(i) one member of the academic staff of the higher education
institution, elected by the academic staff of the higher
education institution in accordance with such election
procedure as the academic staff may determine;

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

(k) three members representing trade, commerce and the
professions, not being employees or students of the higher
education institution, public officers or members of

130 No. 4 of 2013] Higher Education

Composition
of Council

Parliament, who shall be nominated by a recognised
business or professional association or organisation in
accordance with such procedure as the business or
professional association may determine;

(1) one member of the National Assembly nominated by the
Speaker; and

(m) one representative each from the Ministries responsible
for higher education and finance.

(2) A Council may exercise its powers notwithstanding any
vacancy in its membership.

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

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

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

2. (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 reappointment for a further period of three years.

(2) Notwithstanding subparagraph (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

Higher Education [No. 4 of 2013 131

Tenure of
office and
vacancy

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

(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 subparagraph (3), the members of the Council shall
elect a Chairperson or Vice-Chairperson under subparagraph (3)
of paragraph 1.

3. (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 twenty one 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 eleven
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
subparagraph (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.

132 No. 4 of 2013] Higher Education

Proceedings
of Council

(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. (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 subparagraph (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. (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. (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.

Higher Education [No. 4 of 2013 133

Committees
of Council

Disclosure of
interest

Prohibition of
publication or
disclosure of
information
to
unauthorised
persons

(2) A person who contravenes subparagraph (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 subparagraph (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. 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. (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

(c) otherwise vest in, or accrue to, the public higher education
institution.

(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—

134 No. 4 of 2013] Higher Education

Immunity of
members

Funds of
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. (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 subparagraph (1).

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

11. (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 ninety
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 subparagraph (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.

Higher Education [No. 4 of 2013 135

Estimates

Financial
year

Accounts
and audit

12. (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;
(c) a report of the auditors on the accounts; and
(d) such other information as the Minister may require.

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

136 No. 4 of 2013] Higher Education

Financial
report

THIRD SCHEDULE
(Sections 28 and 35(2))

STAFF AND SENATE OF HIGHER
EDUCATION INSTITUTION

PART I
CHANCELLOR AND STAFF

1. (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 shall consist of —
(a) the Vice-Chancellor;
(b) the Deputy Vice-Chancellor;
(c) the Deans of Schools;
(d) the Directors of institutes, bureaux and other similar bodies;
(e) all the members of staff engaged in teaching and research;
(f) the Librarian; and
(g) such other persons as the Council may designate.

(3) 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.

(4) 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. (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.

Higher Education [No. 4 of 2013 137

Staff

Chancellor

3. (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
reappointed 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. The Chancellor of a private higher education institution shall
be appointed by the Council of the private higher education
institution.

5. (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
reappointment for a final term of five years.

6. (1) There shall be a Deputy Vice-Chancellor for a higher
education institution.

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

138 No. 4 of 2013] Higher Education

Deputy
Vice-
Chancellor

Appointment
of Chancellor
of public
higher
education
institution

Vice-
Chancellor

Appointment
of Chancellor
of private
higher
education
institution

(a) the Minister, in the case of a public higher education
institution, 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) The 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 Vice-Chancellor’s functions.

(4) A person appointed to hold the office of Deputy 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 four years but shall be eligible
for reappointment for a final term of four years.

7. 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. (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 Chairperson of the Tribunal shall preside over the
meetings of the ad hoc joint committee constituted under
subparagraph (1).

9. There shall be a Registrar 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 general administration of
the higher education institution’s assets.

10. There shall be a 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 coordination of library services in the higher
education institution.

Higher Education [No. 4 of 2013 139

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

Joint
committee

Registrar

Librarian

11. There shall be a Bursar 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. 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 students’
affairs and shall exercise superintendence over the students’ affairs
unit.

13. The Vice-Chancellor shall, where theVice-Chancellor has
reasonable grounds to believe that the Registrar, the Bursar, the
Dean of Students, the Chief Internal Auditor, the 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;

(c) refer the matter to the Tribunal; and
(d) make arrangements for the officer in question to be afforded

an opportunity to appear before, and be heard by, the
Tribunal with respect to the matter.

14. (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;

(c) refer the matter to the Tribunal; and
(d) make arrangements for the member in question to be

afforded an opportunity to appear before, and be heard
by, the Tribunal with respect to the matter.

140 No. 4 of 2013] Higher Education

Bursar

Dean of
Students

Discipline
and removal
of Registrar,
Bursar,
Chief
Internal
Auditor,
Librarian,
Dean of
Students,
Dean or
Director

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

(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. (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, Librarian, Bursar 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. (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.

Higher Education [No. 4 of 2013 141

Perfomance
of functions
where Vice-
Chancellor
etc absent
from office

Search
committee

(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. (1) A Senate shall consist of—
(a) the Vice-Chancellor;
(b) the Deputy Vice-Chancellor;
(c) the Deans of schools within the higher education institution;
(d) not more than fourteen 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;

(e) the Librarian;
(f) the directors of the centres, institutes, bureaux or other

similar bodies of the higher education institution;
(g) the Dean of Students;
(h) not more than fourteen 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;

(i) 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 students’ union may
determine; and

(j) 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.

142 No. 4 of 2013] Higher Education

Senate

(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 Registrar of a higher education institution shall be the
Secretary to the Senate.

18. 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 reelection for a further period of three years.

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

21. (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
coordination 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 subparagraph (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.

Higher Education [No. 4 of 2013 143

Tenure of
office

Meetings of
Senate

Delegation
of powers
and
functions

Board of
Studies

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

(2) A Tribunal shall consist of the following members:

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

(b) two persons from the non-academic members of the Council
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 Tribunal 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 Tribunal.

(5) The members of a Tribunal shall hold office for a period of
three years and shall be eligible for reappointment for a further like
period.

(6) A Tribunal 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 shall implement the decisions of the Tribunal.

23. The Chief Justice shall, by statutory instrument, and in
consultation with the Council, prescribe the procedures to be
followed by the Tribunal in the determination of disciplinary cases.

PART III

DEANS, DIRECTORS AND HEADS OF DEPARTMENTS
24. (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.

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Staff
Tribunal of
higher
education
institution

Rules by
Chief Justice

Deans and
Directors

25. (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 coordinate 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 IV

STUDENTS

26. There shall be a students’ affairs unit under the supervision
of the Dean of Students in a higher education institution which shall
organise, coordinate and administer students’ affairs.

27. (1) There shall be a students’ union in a higher education
institution.

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

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

(4) A students’ union shall have a constitution which shall
provide for such matters as may be prescribed.

Higher Education [No. 4 of 2013 145

Heads of
Department

Students’
affairs unit

Students’
union and
branches

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