The Education Act (2011)

THE EDUCATION ACT, 2011
A RRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and commencement
2. Interpretation
3. Application
PART II
I NSTITUTIONAL FRAMEWORK
4. Functions of Minister
5. Determination of national policy on education
6. Establishment of regional education offices
7. Establishment of district education offices
8. Regional director of education
9. Functions of regional director of education
10. District director of education
11. Functions of district director of education
PART III
STRUCTURE AND CLASSIFICATION OF EDUCATIONAL
I NSTITUTIONS
12. Stages of education system
13. Classification of educational institutions
PART IV
LEARNERS
14. Right to education
15. Free universal education
16. Determination of school going age
17. Compulsory school attendance
18. Prohibition of certain marriages
19. Prohibition of discrimination by educational institutions
20. Admission policy of public, aided or community educational
institution
21. Application for enrolment at public, aided or community
educational institution
Education [No. 23 of 2011 419
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 31,000 each.

ducation [No. 23 of 2011 419
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 31,000 each.

22. Provision of education for poor and vulnerable children
23. Education for learners with special education needs
24. Monitoring and evaluation of special education institutions
25. Re-admission of learner to educational institutions
26. Code of conduct for learners
27. Disciplinary measures and procedures for public, aided and
community educational institution
28. Prohibition of corporal punishment or degrading or inhuman
treatment
29. Learners’ representative council
30. Learner guidance and counselling services
31. Gender balance and equity in educational institutions and
educational system
32. Provision for protection against gender-based violence
33. Personal health and nutrition of learners
34. Regulatory provisions on learners
PART V
PUBLIC EDUCATIONAL INSTITUTIONS
35. Establishment and maintenance of public educational
institutions
36. Right of public educational institution on State property
37. Public educational institution on private property
38. Public-private partnerships
39. Accessibility of public educational institution
40. Division of public educational institution into two or more
institutions
41. Merger of public educational institutions
42.

educational institution
40. Division of public educational institution into two or more
institutions
41. Merger of public educational institutions
42.

Closure of public educational institution
43. Change of site of public educational institution
44. Establishment of education boards
45. Functions of education board
46. Parents-teachers’ committees
420 No. 23 of 2011] Education

onal institution
44. Establishment of education boards
45. Functions of education board
46. Parents-teachers’ committees
420 No. 23 of 2011] Education

PART VI
PRIVATE EDUCATIONAL INSTITUTIONS
47. Prohibition of operation of unregistered private educational
institution
48. Establishment and maintenance of private educational
institution
49. Board of management
50. Operation plan of private educational institution
51. Change in establishment or operational plan
52. Registrar of private educational institutions
53. Application for registration of private educational institution
54. Criteria for registration
55. Provisional certificate of registration
56. Certificate of registration
57. Display of certificate of registration
58. Premises for operation of private educational institution
59. Keeping of records
60. Annual fee
61. Renewal of registration
62. De-registration of private educational institution
63. Closure of private educational institution
64. Surrender of certificate of registration
65. Publication of list of registered private educational
institutions
66. Register of private educational institutions
67. Grant of aided status to private educational institution
68. Service of notice
69. Appeals
PART VII
COMMUNITY EDUCATIONAL I NSTITUTIONS
70. Definition
71.

t of aided status to private educational institution
68. Service of notice
69. Appeals
PART VII
COMMUNITY EDUCATIONAL I NSTITUTIONS
70. Definition
71.

Prohibition of operation of unregistered community
educational institution
72. Establishment and maintenance of community educational
institution
Education [No. 23 of 2011 421

of unregistered community
educational institution
72. Establishment and maintenance of community educational
institution
Education [No. 23 of 2011 421

73. Establishment of parents-teachers school committee
74. Registrar of community educational institutions
75. Application for registration of community educational
institution
76. Criteria for application
77. Certificate of registration
78. Publication of list of registered community educational
institution
79. Register of community educational institutions
PART VIII
AIDED E DUCATIONAL I NSTITUTIONS
80. Prohibition of operation of aided institution without
certificate of aided status
81. Application for aided status
82. Grant of aided status to educational institution
83. Board of management
84. Functions of board of management
85. Constitution of aided educational institution
86. Change of site of aided educational institution
87. Display of certificate of aided status
88. Suspension of operations of aided educational institution
89. Reduction or termination of aid
90. Closure of aided educational institution
91. Re-opening of closed aided educational institution
92. Publication of list of aided educational institution
93. Register of aided educational institutions
94. Appeal
PART IX
C URRICULUM , ASSESSMENT AND CERTIFICATION
95. National school curriculum
96.

tution
93. Register of aided educational institutions
94. Appeal
PART IX
C URRICULUM , ASSESSMENT AND CERTIFICATION
95. National school curriculum
96.

Core and other foundation subjects for each stage
97. Localised curriculum
98. Language of instruction for educational institution
99. Medium of instruction for deaf learners
100. School and college calendar at educational institutions
422 No. 23 of 2011] Education

nal institution
99. Medium of instruction for deaf learners
100. School and college calendar at educational institutions
422 No. 23 of 2011] Education

101. Curriculum for education institutions
102. Development and publication of textbooks and other
educational materials
103. Proscription of certain publications
104. Provision of libraries in educational institutions
105. Teacher resource centres
106. Resources centres for special education needs
107. Determination of competence test and public examination
108. Regulations relating to curriculum, assessment and
certification
PART X
E NFORCEMENT OF Q UALITY AND STANDARDS IN EDUCATION
109. Quality and standards in education
110. Education standards officer
111. Functions of education standards officers
112. Powers of education standards officer
113. Obstruction of education standards officer
114. Special inspections
115. Annual report on quality and standards
116. Regulatory provisions on quality and standards in
education
PART XI
FINANCING E DUCATION
117. Administration of public funds
118. Fundraising by education board or board of management
119. Tuition, boarding and other fees
120. Bursary, grant, scholarship and loan scheme for learners
121. General purpose fund
122. Land for educational purposes
123. Regulatory provisions on financing of education
Education [No.

n scheme for learners
121. General purpose fund
122. Land for educational purposes
123. Regulatory provisions on financing of education
Education [No.

23 of 2011 423

PART XII
GENERAL PROVISIONS
124. Prohibition of operation of educational institution near bar
125. Advisory boards
126. Promotion of research
127. Dissolution of parents teachers’ associations
128. Prohibition of publication or disclosure of information to
unauthorised persons
129. Supremacy of Act
130. General offences and penalties
131. Offences by body corporate or unincorporate body
132. Regulations
133. Repeal of Caps. 134 and 135
134. Savings and transitional provisions
SCHEDULE
424 No. 23 of 2011] Education

r unincorporate body
132. Regulations
133. Repeal of Caps. 134 and 135
134. Savings and transitional provisions
SCHEDULE
424 No. 23 of 2011] Education

GOVERNMENT OF ZAMBIA
ACT
No. 23 of 2011
Date of Assent: 15th April, 2011
An Act to regulate the provision of accessible, equitable
and qualitative education; provide for the establishment,
regulation, organisation, governance, management and
funding of educational institutions; provide for the
establishment of education boards and for their functions;
domesticate the Convention on the Rights of the Child in
relation to education; repeal and replace the Education
Act, 1966, and the African Education Act, 1951; and
provide for matters connected with, or incidental to, the
foregoing. ENACTED by the Parliament of Zambia. PART I
PRELIMINARY
1. This Act may be cited as the Education Act, 2011. 2.

with, or incidental to, the
foregoing. ENACTED by the Parliament of Zambia. PART I
PRELIMINARY
1. This Act may be cited as the Education Act, 2011. 2.

In this Act, unless the context otherwise requires—
“ adult literacy education ” means education provided to adult
learners to enable them acquire reading, writing, numeracy
and other skills for sustainable livelihood;
“aided educational institution ” means an educational institution,
other than a public educational institution established or
maintained by any person, organisation, institution or
community with assistance from the Ministry responsible
for education;
“ AIDS ” means the Acquired Immune Deficiency Syndrome;
“attainment target” in relation to a basic or high school stage,
means the knowledge, skills and understanding which
learners, who are not in the formal education system of
different abilities and maturities are expected to have by
the end of that stage;
“ basic education ” means education from early childhood to
grade nine;
Education [No. 23 of 2011 425
Enactment
Short title
Interpretation
[18 th April, 2011

education ” means education from early childhood to
grade nine;
Education [No. 23 of 2011 425
Enactment
Short title
Interpretation
[18 th April, 2011

“basic school” means a school providing basic education;
“board of management” means a board in which the
management of an aided, a private or community
educational institution is vested;
“Bursaries Committee” means the Bursaries Committee
continued under section one hundred and twenty;
“child” means a person who has not attained the age of
sixteen years;
“child of school going age” means a child of an age within
such limit as may be prescribed for purposes of compulsory
school attendance;
“code of conduct” means a code regulating the conduct of
learners, developed pursuant to section twenty-six;
“Code of Practice” means a code setting the standards of
professional conduct and practice for teachers;
“college of education” means an educational institution for
the training of teachers, other than a university established
or registered under the University Act, 1999;
“college of open and distance education” means an educational
institution providing self - instructional materials for open
and distance learners;
“community” means a geographically defined group of persons
or sector of the public with a specific, ascertainable and
common interest;
“community educational institution” means an educational
institution established by any person, organisation, institution
or community to meet community needs and supported by
the Ministry responsible for education;
“continuing education” means education pursued by a person
through an open learning class, self-study or any other
distance education programme, who for any reason had
no opportunity to continue with, or complete, formal
education;
“course of study” means the structure for academic
qualifications such as a degree, diploma or certificate and
the subjects of study in the course;
“curriculum” means a specification of the desired knowledge,
competencies, skills, values and attitudes which a learner
is expected to acquire and how they are to be taught and
learnt;
426 No.

desired knowledge,
competencies, skills, values and attitudes which a learner
is expected to acquire and how they are to be taught and
learnt;
426 No.

of 2011] Education
Act No. 11
of 1999

of 2011] Education
Act No. 11
of 1999

“Deputy Registrar” means the person designated as such
under section fifty-two;
“distance education” means the provision of education in a
form where a learner and a teacher are apart all or most
of the time except for the time when the learner and
teacher come together in residential school;
“district director of education” means a person appointed as
such under section ten;
“early childhood care, development and education” means
the care, development and education of a child from birth
to the prescribed school entry age;
“education” means the full development of an individual’s
judgment, personality, talents, mental and physical ability;
“education board” means an education board established in
accordance with section forty-four;
“educational institution” means a school, college of education,
distance education college, open learning class, centre of
open learning or school for continuing education;
“education standards officer” means a person appointed as
an education standards officer under section one hundred
and ten;
“encroachment ” means unlawful entry or possession of land
which is acquired or reserved for education purposes,
without right or permission;
“equity” means affording a fair chance in education to a child,
in particular, a girl child, a child with special needs or any
other vulnerable child or group of children;
“Examinations Council of Zambia” means the Examinations
Council of Zambia established under the Examinations
Council of Zambia Act;
“gender-based violence” has the meaning assigned to it in
the Anti-Gender-Based Violence Act, 2011;
“grade” means a part of an educational programme which a
learner may complete in one school year;
“head of institution” includes a head teacher and a principal;
“head teacher” means the person appointed as head of a
Education [No.

one school year;
“head of institution” includes a head teacher and a principal;
“head teacher” means the person appointed as head of a
Education [No.

23 of 2011 427
Cap. 137
Act No. 1 of
2011

23 of 2011 427
Cap. 137
Act No. 1 of
2011

basic school, high school or school for continuing education;
“ high school” means a school providing high school education;
“ high school education” means education covering a three
year period from grades ten to twelve;
“hostel” means a building used for the residential
accommodation of learners attending school or a college
of education;
“HIV” means the Human Immuno-Deficiency Virus;
“learner” means a person who is enrolled and receiving
education or a course of study at an educational institution;
“learner with special education needs” means a learner who—
(a) has physical, hearing, speech, visual or mental
impairment;
(b) is significantly different from other learners
mentally;
(c) has social, emotional or behavioural disorders as
certified by a medical practitioner or prescribed
officer; or
(d) is gifted and talented;
“local authority” means a city council, municipal council or
district council established under the Local Government
Act;
“local language” means any Zambian local language;
“ national examination” means the assessment of a learner’s
ability or competence in any subject or course of study at
the national level;
“open education” means education that is flexible in terms
of time and place for both the learner and teacher;
“parent” in relation to a child, includes a guardian or a person
who has the actual custody of the child;
“Permanent Secretary” means the Permanent Secretary in
the Ministry responsible for education;
“pre-school” means a school offering early childhood care,
development and education;
“primary education” means education from grades one to
seven;
“primary school” means a school at which primary education
is provided;
428 No.

ucation;
“primary education” means education from grades one to
seven;
“primary school” means a school at which primary education
is provided;
428 No.

23 of 2011] Education
Cap. 281

23 of 2011] Education
Cap. 281

“principal ” means the person appointed as a head of a college
of education or any other college who, in the case of a
college of education board is the college education board
secretary;
“private educational institution” means an educational
institution which is not a public or an aided educational
institution;
“proprietor” means the owner of an educational institution or
the person or body of persons in whom the ownership,
custody or control of the educational institution is vested;
“public educational institution” means an educational institution
administered or controlled by the Ministry or established
and maintained using public funds;
“public funds” means money for the Government, or a public,
community or aided educational institution, or any money
donated to the Government or an aided, public or community
educational institution;
“region” means an area into which the Republic is divided by
virtue of this Act for the purpose of the administration of
education;
“regional director of education” means a person appointed
as regional director of education under section eight;
“Registrar of Deeds” means the person appointed as such
under the Lands and Deeds Registry Act;
“Registrar” means the person designated as such under
section fifty-two;
“register” means in relation to—
(a) Part VI, the register of private educational
institutions;
(b) Part VII, the register of community educational
institutions; and
(c) Part VIII, the register of aided educational
institutions;
“repealed Act” means the Education Act, 1966;
“responsible authority ” means a head teacher, principal,
manager, proprietor, board of management or an education
board;
“school” includes an institution or class of not less than ten
learners at which regular instruction is provided or from
Cap.

t or an education
board;
“school” includes an institution or class of not less than ten
learners at which regular instruction is provided or from
Cap.

185
Education [No. 23 of 2011 429
Cap. 134

185
Education [No. 23 of 2011 429
Cap. 134

which any regular instruction emanates, whether by distance
learning or otherwise;
“school education” means early childhood, basic school and
high school education comprising a range of full time
instruction and activities;
“school for continuing education ”means a school offering
open and distance learning to learners;
“school year” means the period of twelve months;
“secondary education” means education provided from grades
eight to twelve;
“secondary school” means a school offering secondary
education;
“skills training” includes vocational training, entrepreneurship
and any practical subject for learners;
“special education institution” means an educational institution
providing a course of instruction for learners with special
education needs;
“study area” means a combination of subjects which
addresses a common theme;
“syllabus” means a specification of what is to be taught and
learnt and the order in which it is to be taught and learnt;
“teachers’ association” means a professional organisation of
teachers registered as such and whose principal objective
is the regulation of the collective professional relations of
its members;
“teachers’ union” means a union of teachers registered under
the Industrial and Labour Relations Act;
“tertiary education” means education provided after secondary
or high school;
“tertiary institution” means an institution providing tertiary
education; and
“user fees” includes any board or accommodation fees.

ry
or high school;
“tertiary institution” means an institution providing tertiary
education; and
“user fees” includes any board or accommodation fees.

3. This Act does not apply to—
(a) a university established or registered under the
University Act, 1999;
(b) an institution that is established, administered,
controlled, licensed or supervised by—
Cap. 269
Act No. 11
of 1999
Application
430 No. 23 of 2011] Education

tution that is established, administered,
controlled, licensed or supervised by—
Cap. 269
Act No. 11
of 1999
Application
430 No. 23 of 2011] Education

(i) a person under the provisions of any other law; or
(ii) any other Ministry other than the Ministry
responsible for education; or
(c) any other institution which provides education solely of a
religious, social or recreational nature. PART II
I NSTITUTIONAL F RAMEWORK
4. (1) Subject to the provisions of this Act,the Minister shall—
(a) promote the education of all Zambians and establish and
develop educational institutions;
(b) direct, co-ordinate, supervise and control the education
system and any related matters; and
(c) secure the effective co-operation of all public and private
bodies concerned with education, in formulating and
implementing the national policy on education in terms
of this Act. (2) The Minister may, for purposes of subsection (1), in
consultation with such persons or consultative bodies as the Minister
considers appropriate, formulate a development plan for education
consistent with the national plan for economic and social
development. 5.

e Minister
considers appropriate, formulate a development plan for education
consistent with the national plan for economic and social
development. 5.

(1) The Minister shall, with the approval of Cabinet, develope
a national policy on education and shall, prior to the development
of the policy, consult with any advisory body or organisation as the
Minister considers appropriate for the purpose. (2) The Minister shall, where a national policy on education is
adopted by Cabinet publish the policy, by notice, in the Gazette. 6. (1) The Minister may, by statutory instrument, in order to
promote the efficient and effective management and
decentralisation of the education system, divide the country into
regions which are not necessarily coterminous with the provincial
boundaries, and establish a regional education office for each
region. (2) A regional education office established pursuant to
subsection (1) shall be responsible for the administration of education
in the region as may be assigned to the regional education office
by, or under, this Act or any other law. Functions of
Minister
Development
of national
policy on
education
Establishment
of regional
education
offices
Education [No. 23 of 2011 431

other law. Functions of
Minister
Development
of national
policy on
education
Establishment
of regional
education
offices
Education [No. 23 of 2011 431

7. (1) The Minister may, by statutory instrument, in order to
promote the efficient and effective management and
decentralisation of the education system, divide the country into
districts which are not necessarily coterminous with the district
boundaries, and establish a district education office for each district. (2) A district education office shall be responsible for the
administration of education in the district as may be assigned to
the district education office by, or under, this Act or any other law. 8. The Teaching Service Commission shall appoint a regional
director of education for each region established under section six. 9. A regional director of education shall—
(a) administer the regional education office;
(b) co-ordinate, monitor and supervise the provision of
education in the region;
(c) prepare and submit regional budgets, workplans and reports
to the Permanent Secretary; and
(d) perform any other functions as may be provided for under
this Act or any other law. 10. The Teaching Service Commission shall appoint a district
director of education for each district. 11.

rovided for under
this Act or any other law. 10. The Teaching Service Commission shall appoint a district
director of education for each district. 11.

A district director of education shall—
(a) administer, manage and control the district education office;
(b) co-ordinate, monitor and supervise the provision of
education in the district;
(c) consolidate and submit workplans and budgets to the
regional director of education;
(d) prepare and submit workplans and reports of the district
office to the regional director of education; and
(h) perform any other functions as may be provided for under
this Act or any other law. PART III
STRUCTURE AND CLASSIFICATION OF EDUCATIONAL
I NSTITUTIONS
12. (1) The system of school education shall be organised into
the following progressive stages:
Establishment
of district
education
offices
Regional
director of
education
432 No. 23 of 2011] Education
Functions of
regional
director of
education
District
director of
education
Functions of
district
director of
education
Stages of
education
system

tion
Functions of
regional
director of
education
District
director of
education
Functions of
district
director of
education
Stages of
education
system

(a) early childhood care, development and education;
(b) basic education;
(c) high school education; and
(d) tertiary education. (2) Subject to the other provisions of this Act, an educational
institution may establish and maintain open and distance learning,
skills training and adult literacy education. (3) Subject to subsection (4), an educational institution shall
not offer more than one stage of education at any particular
premises unless each stage has its own teaching staff, board of
management and facility in accordance with the provisions of this
Act. (4) Notwithstanding subsection (3), an educational institution
offering basic education may offer early childhood care,
development and education. 13. (1) An educational institution established and maintained
under this Act shall be classified under any of the following
categories:
(a) public educational institution;
(b) private educational institution;
(c) community educational institution; or
(d) aided educational institution.

(a) public educational institution;
(b) private educational institution;
(c) community educational institution; or
(d) aided educational institution.

(2) The fundamental school system shall be organised into the
following units:
(a) early childhood care, development and education;
(b) basic school;
(c) school for continuing education;
(d) high school; and
(e) tertiary institution. (3) A community, proprietor or organisation operating an aided
or community educational institution may, subject to the approval
of the Minister, make changes in the management structure of the
aided or community educational institution for the benefit of the
learners at the educational institution or adopt a management
structure of a public educational institution. Education [No. 23 of 2011 433
Classification
of
educational
institutions

titution or adopt a management
structure of a public educational institution. Education [No. 23 of 2011 433
Classification
of
educational
institutions

PART IV
LEARNERS
14. (1) Subject to the Constitution and the other provisions of
this Act, a person has the right to—
(a) early childhood care, development and education;
(b) basic education, including adult literacy education; and
(c) high school education. (2) The Government shall make general and vocational
education progressively available and accessible to all persons. 15. A child has the right to free basic education. 16. The Minister may, by statutory instrument, determine the
school-going age of a child. 17. (1) Except as provided for in this Act or any other written
law, a parent shall enroll a child who has attained the school-going
age at an educational institution and shall ensure the child’s
attendance at the educational institutional.

a child who has attained the school-going
age at an educational institution and shall ensure the child’s
attendance at the educational institutional.

(2) Notwithstanding subsection (1), the Minister may, in
consultation with the regional director of education, by notice in the
Gazette—
(a) on grounds of health or public interest, determine that
during a specified period, compulsory school attendance
shall not apply to—
(i) a child who resides in such a geographical area
as may be specified in the notice; or
(ii) a child of an age group as may be specified in
the notice; or
(b) exempt any person, entirely or partially, from compulsory
school attendance if it is in the best interest of the person
or in the public interest. (3) A board of management or an education board may, where
a learner to whom subsection (1) applies is not enrolled at an
educational institution, or where a learner who is enrolled at an
educational institution, does not attend or fails to attend school
without reasonable excuse —
(a) appoint a committee at the educational institution to
investigate the circumstances surrounding the learner’s
absence from the educational institution;
434 No. 23 of 2011] Education
Right to
education
Cap. 1
Free universal
education
Determination
of school-
going age
Compulsory
school
attendance

tion;
434 No. 23 of 2011] Education
Right to
education
Cap. 1
Free universal
education
Determination
of school-
going age
Compulsory
school
attendance

(b) take appropriate measures to remedy the situation; or
(c) issue a written notice to the parent of the learner, requiring
compliance with subsection (1) within the period
specified in the notice. (4) A person who—
(a) without reasonable excuse—
(i) fails to enrol a child of school-going age at an
educational institution; or
(ii) prevents a learner from attending school or
withdraws a learner from an educational
institution;
(b) willfully fails or refuses to comply with a notice issued
under paragraph (c) of subsection (3); or
(c) obstructs, assaults, resists or intimidates a committee
appointed under paragraph (a) of subsection (3) in the
carrying out of the member of staff’s duties under this
section;
commits an offence and is liable, upon conviction, to a fine not
exceeding one hundred thousand penalty units or to imprisonment
for a period not exceeding one year, or to both. (5) An education board or board of management of an
educational institution shall, where an investigation undertaken
pursuant to paragraph (a) of subsection (1) reveals the commission
of an offence or contravention of any of the provisions of this Act,
report the matter to the police. 18.

(a) of subsection (1) reveals the commission
of an offence or contravention of any of the provisions of this Act,
report the matter to the police. 18.

(1) Subject to the Constitution and any other written law,
a learner who is a child shall not contract any form of marriage. (2) A person shall not—
(a) marry or marry off a learner who is a child; or
(b) prevent or stop a learner who is a child from attending
school for the purpose of marrying or marrying off the
learner who is a child. (3) A person who contravenes this section commits an offence
and is liable, upon conviction, to imprisonment for a period of not
less than fifteen years and may be liable to imprisonment for life. Education [No. 23 of 2011 435
Prohibition of
certain
marriages
Cap. 1

eriod of not
less than fifteen years and may be liable to imprisonment for life. Education [No. 23 of 2011 435
Prohibition of
certain
marriages
Cap. 1

19. An educational institution shall not discriminate against a
learner in any manner. 20. (1) An education board or a board of management shall
develop an admission policy of the institution which shall contain
such information as the Minister may prescribe. (2) An education board or board of management shall, where it
develops an admission policy under subsection (1), publish it in a
daily newspaper of general circulation or any other appropriate
media in the area and make it available to the members of the
public. (3) An education board or board of management may, with the
approval of the Minister—
(a) determine entrance requirements in respect of any
education programmes;
(b) determine the number of learners who may be admitted
for a particular education programme and the manner
of selection of the learners; and
(c) determine the minimum requirements for admission to an
educational institution. 21. (1) A person or a parent of a child shall apply for the
enrollment of that person or child at a public, aided or community
educational institution to the head of institution in the prescribed
manner and form.

rollment of that person or child at a public, aided or community
educational institution to the head of institution in the prescribed
manner and form.

(2) An educational institution shall, in determining the placement
of a learner with special education needs, take into account the
best interest of the learner. 22. (1) The Minister shall ensure equal access to quality
education to all learners including poor and vulnerable children. (2) The Minister shall, in consultation with the Ministers
responsible for social welfare and local government and other
stakeholders, establish a decentralised and comprehensive system
of identifying poor and vulnerable children, assessing their needs
and determining how best to meet their educational needs. (3) The head of a public, aided or community educational
institution shall not refuse to admit an applicant to the public, aided
or community educational institution on grounds that the applicant
or the applicant’s parent—
436 No. 23 of 2011] Education
Prohibition
of
discrimination
by
educational
institution
Admission
policy of
public, aided
or community
educational
institution
A pplication
for
enrollment at
public, aided
or
community
educational
institution
Provision of
education
for poor
and
vulnerable
children

institution
A pplication
for
enrollment at
public, aided
or
community
educational
institution
Provision of
education
for poor
and
vulnerable
children

(a) is unable to pay, or has not paid, the school fee determined
by the educational institution;
(b) is unable to provide the applicant with the items of clothing
or other basic necessities as determined by the head of
institution;
(c) does not subscribe to the mission of the educational
institution or its religious practices; or
(d) has refused to enter into a contract in terms of which the
parent waives any claim for damages arising out of the
education of the applicant. (4) The head of institution shall, notify the Minister, in writing,
of any applicant whose application for admission to the educational
institution is rejected on any of the grounds listed under subsection
(3). (5) An education board and the board of management of an
educational institution shall adopt a policy of positive and affirmative
action in relation to poor and vulnerable children. 23. (1) The Minister shall, for purposes of ensuring equality
of access to, participation and the benefit of educational institutions
for learners with special education needs, promote interventions
at all levels of the educational institutions.

he benefit of educational institutions
for learners with special education needs, promote interventions
at all levels of the educational institutions.

(2) Without prejudice to the generality of subsection (1), the
Minister shall, in collaboration with the Minister responsible for
health, establish a decentralised system for the identification,
diagnosis and assessment for the placement, of learners with special
education needs in educational institutions. (3) An educational institution shall, in determining the placement
of learners with special education needs, take into account the
rights and wishes of the learner or the parent. (4) An educational institution shall adopt a policy of positive
and affirmative action in relation to learners with special education
needs. (5) A learner with special education needs shall, to the greatest
extent possible, be integrated into mainstream educational
institutions. (6) A learner with an exceptional degree of special education
needs may, where need is established, be transferred from an
inclusive education institution to a special education institution or
from a special education institution to an inclusive education
institution. Education [No. 23 of 2011 437
Education
for learners
with special
education
needs

special education institution to an inclusive education
institution. Education [No. 23 of 2011 437
Education
for learners
with special
education
needs

(7) An education board or board of management may, in
partnership with any private, religious, community or philanthropic
organisation, provide support to meet—
(a) the needs of learners with special education needs; and
(b) outreach services for learners whose impairments prevent
their normal attendance of school. (8) The Minister shall ensure that educational institutions provide
learners with special education needs with quality education in
appropriately designed and well-resourced educational institutions,
staffed by qualified and dedicated teachers. 24.

n needs with quality education in
appropriately designed and well-resourced educational institutions,
staffed by qualified and dedicated teachers. 24.

The Minister shall ensure that the education of learners
with special education needs in both inclusive and special education
institutions is monitored and evaluated through—
(a) the strengthening of the management and supervision
system at all levels of the education system;
(b) the establishment of an integrated information system at
the management and supervision levels;
(c) the inclusion of institutions for educating learners with
special education needs in statistical reports of the
Ministry;
(d) the conduct of evaluative studies by the Ministry; and
(e) generally, the inclusion of planning for special education
provision in the mainstream strategic planning of the
Ministry. 25. (1) A learner who leaves or is withdrawn from an
educational institution may be re-admitted at the education institution
on such terms and conditions as the educational institution may
determine. (2) A learner who falls pregnant or impregnates a female learner
while pursuing a course of study at an educational institution shall
be re-admitted to the educational institution after delivery of the
baby.

learner
while pursuing a course of study at an educational institution shall
be re-admitted to the educational institution after delivery of the
baby.

(3) The re-admission of a learner referred to in subsection (2)
shall be on such terms and conditions as the Minister may, by
statutory instrument, determine. (4) A person who contravenes subsection (2) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both. 438 No. 23 of 2011] Education
Monitoring
and
evaluation of
special
education
institutions
Re-
admission of
learner to
educational
institution

to both. 438 No. 23 of 2011] Education
Monitoring
and
evaluation of
special
education
institutions
Re-
admission of
learner to
educational
institution

26. (1) An education board or a board of management shall,
in consultation with the learners, teachers and parents at the
educational institution, adopt a code of conduct for the learners. (2) A code of conduct shall establish a disciplined and
purposeful school or college environment and improve and maintain
the quality of the learning and training process. (3) The head of institution may, in consultation with the board
of management at the educational institution, determine guidelines
for consideration by the education board concerned in the adoption
of a code of conduct. (4) Nothing contained in this Act exempts a learner from the
obligation to comply with the code of conduct of the educational
institution attended by the learner. (5) A code of conduct shall contain provisions of due process
to safeguard the interests of a learner or any other party involved
in any disciplinary proceeding. 27. A learner at a public, aided or community educational
institution shall be subject to such disciplinary measures and
procedures as the Minister may, by statutory instrument, prescribe. 28.

ity educational
institution shall be subject to such disciplinary measures and
procedures as the Minister may, by statutory instrument, prescribe. 28.

(1) A teacher, employee or other person at an educational
institution shall not impose or administer corporal punishment or
degrading or inhuman treatment on a learner or cause corporal
punishment or degrading or inhuman treatment to be imposed or
administered on a learner. (2) A teacher, employee or other person who contravenes
subsection (1) commits an offence and is liable, upon conviction,
to a fine not exceeding one hundred thousand penalty units or to
imprisonment for a period not exceeding one year, or to both. 29. (1) The Minister may, by statutory instrument, establish a
learners’ representative council for an educational institution. (2) The statutory instrument referred to in subsection (1) may
provide for the election, tenure, functions, privileges and conduct
of the learners’ representative council. (3) The Minister may, by statutory instrument, exempt a special
education institution from complying with subsection (1), where it
is not practicable for a learners’ representative council to be
established at the special education institution. Code of
conduct for
learners
Education [No.

practicable for a learners’ representative council to be
established at the special education institution. Code of
conduct for
learners
Education [No.

23 of 2011 439
Disciplinary
measures and
procedures for
public, aided
and
community
educational
institution
Prohibition
of corporal
punishment
or degrading
or inhuman
treatment
Learners’
representative
council

lic, aided
and
community
educational
institution
Prohibition
of corporal
punishment
or degrading
or inhuman
treatment
Learners’
representative
council

30. Counselling and career guidance shall be an essential
component of learner welfare at all levels of the education system
and shall be part of the overall management and administration of
educational institutions. 31. (1) The Minister shall promote equity in access to
education, participation in and successful completion of education
at all levels, irrespective of gender, social class or disability. (2) Without prejudice to the generality of subsection (1), an
education board or a board of management shall develop and
implement plans for the promotion of equal opportunities of access
to, and participation in, the various levels of school education for
which the education board or board of management is responsible. (3) An education board or a board of management shall ensure
that both the curriculum and the associated teaching materials at
an educational institution are gender sensitive. (4) Gender issues and the development of gender sensitive
teaching methodologies shall be integral to the pre-service and in
service training of teachers. (5) The Minister shall endeavour to provide equal education
opportunities for both male and female learners. 32.

and in
service training of teachers. (5) The Minister shall endeavour to provide equal education
opportunities for both male and female learners. 32.

(1) An education board or a board of management shall
develop procedures for preventing the gender-based violence of
employees, teachers and learners at educational institutions. (2) An education board or a board of management shall establish
mechanisms of dealing with cases of gender-based violence. 33. The Minister shall, in collaboration with the Minister
responsible for health and any other national or international agency,
promote the personal health and nutritional well being of learners
at educational institutions. 34. (1) The Minister may, by statutory instrument, make
regulations to provide for—
(a) the requirements for admission and attendance at public,
aided and community educational institutions;
(b) the basic school-going age and age for compulsory
attendance at educational institutions;
(c) the measures to ensure compulsory attendance at public,
aided and community educational institutions;
(d) the guidelines for the development of an admission policy
by an educational institution;
440 No.

ic,
aided and community educational institutions;
(d) the guidelines for the development of an admission policy
by an educational institution;
440 No.

23 of 2011] Education
Learner
guidance and
counselling
services
Gender
balance and
equity in
educational
institutions
and
educational
system
Provision for
protection
against
gender-based
violence
Personal
health and
nutrition of
learners
Regulatory
provisions
on learners

educational
system
Provision for
protection
against
gender-based
violence
Personal
health and
nutrition of
learners
Regulatory
provisions
on learners

(e) the manner of application for enrollment at an educational
institution, the forms to be used and fees to be paid for
the application;
(f) the form of admission, attendance register, the particulars
of learners to be entered in any register and the manner
in which information contained in any register shall be
accessed by members of the public;
(g) the content of a code of conduct for learners;
(h) the procedure, terms and conditions for suspension,
expulsion and re-admission of a learner from an
educational institution;
(i) the terms and conditions for accommodating learners at a
hostel attached to a public, aided or community
educational institution;
(j) the exemption of a public, aided or community educational
institution for learners with special education needs from
any provision of this Part; and
(k) any other matter required to be prescribed under this
Part. (2) Regulations made under this section may make different
provisions with respect to different learners at different educational
institutions and classes. PART V
PUBLIC EDUCATIONAL INSTITUTIONS
35.

different
provisions with respect to different learners at different educational
institutions and classes. PART V
PUBLIC EDUCATIONAL INSTITUTIONS
35.

(1) The Minister may, by notice in the Gazette—
(a) establish and maintain an educational institution for the
purpose of providing to learners—
(i) early childhood care development and education;
(ii) basic education;
(iii) high school education;
(iv) adult literacy education;
(v) teacher education and training;
(vi) open and distance learning education; and
(vii) skills training. (b) establish and maintain a teachers’ resource centre,
laboratory, school clinic or any other facility or service
at an educational institution as is necessary for the
benefit of learners and teachers; and
Education [No. 23 of 2011 441
Establishment
and
maintenance
of public
educational
institutions

necessary for the
benefit of learners and teachers; and
Education [No. 23 of 2011 441
Establishment
and
maintenance
of public
educational
institutions

(c) establish and maintain a hostel or any other building for
the accommodation of learners at an educational
institution. (2) A public educational institution may be an inclusive institution
or a special institution for learners with special education needs. 36. (1) Subject to the other provisions of this Act, a public
educational institution situated or built on any land owned by the
State may, for the duration of its existence, occupy and use the
land for educational purposes for the benefit of the educational
institution. (2) The Minister may restrict the right conferred in subsection
(1) where the land or property is not used by the educational
institution in the interests of education or is used for purposes
other than the provision of education. (3) The Minister shall not invoke any power conferred under
subsection (2) unless the Minister—
(a) informs the education board concerned, in writing, of the
intention to restrict the right and the reasons therefor;
(b) grants the education board concerned, an opportunity to
make representations to the Minister in relation to the
matter; and
(c) considers the representations made by the education board
concerned.

tunity to
make representations to the Minister in relation to the
matter; and
(c) considers the representations made by the education board
concerned.

(4) The right conferred in this section is enforceable against
any successor in title to the owner of the land or property. (5) In this section, land or property owned by the State includes
any land or property held in trust for, or on behalf of, a local
community by any trust established by the State. 37. (1) The Minister may establish and maintain a public
educational institution on a private property. (2) The establishment and maintenance of a public educational
institution on any private property shall be governed by the terms
and conditions of an agreement between the Minister and the owner
of the private property. (3) The terms of the agreement referred to under subsection
(2) shall include—
(a) the provision of education and the functions of the public
educational institution;
(b) the governance of the public educational institution,
including the relationship between the education board
and the owner;
442 No. 23 of 2011] Education
Right of
public
educational
institution
on State
property
Public
educational
institution on
private
property

the owner;
442 No. 23 of 2011] Education
Right of
public
educational
institution
on State
property
Public
educational
institution on
private
property

(c) access by any interested persons to the property;
(d) security of occupation and use of the property by the
public educational institution;
(e) the rights and obligations of the parties on the
determination of the agreement and the surrender of
the land or property;
(f) the maintenance and improvement of the building and
the property and the supply of any necessary service;
and
(g) the protection and enforcement of the owner’s
rights in respect of the property occupied or used
by the public educational institution. (4) The rights conferred under this section are enforceable
against any successor in title to the owner of the land or property. (5) The Registrar of Deeds shall, on application in the prescribed
manner by an owner of any land on which a public educational
institution is built, endorse on the title deed the fact that a public
educational institution has been established on the land in terms of
this Act.

institution is built, endorse on the title deed the fact that a public
educational institution has been established on the land in terms of
this Act.

(6) The Registrar of Deeds shall cancel an endorsement made
in accordance with subsection (5) if the owner of the property on
which a public educational institution is established, submits an
affidavit from the Minister to the effect that the public educational
institution has been closed in accordance with this Act. 38. (1) The Minister may, with the approval of Cabinet,
authorise a public educational institution to enter into partnership
with a private sector body in accordance with the provisions of
the Public-Private Partnership Act, 2009. (2) Subsection (1) does not apply to public educational institutions
existing before the commencement of this Act. 39. The Minister shall take measures to ensure that any physical
facility at any public educational institution is accessible to learners
with special education needs. 40. (1) Where a public educational institution is organised into
two or more levels, the education board of the public educational
institution shall apply to the Minister to have the institution divided
into two or more public educational institutions.

rd of the public educational
institution shall apply to the Minister to have the institution divided
into two or more public educational institutions.

(2) The Minister may approve an application made under
subsection (1), on such terms and conditions as the Minister may
determine, or reject the application. Education [No. 23 of 2011 443
Public-
private
partnerships
Accessibility
of public
educational
institution
Division of
public
educational
institution
into two or
more
institutions
Act No. 14
of 2009

rtnerships
Accessibility
of public
educational
institution
Division of
public
educational
institution
into two or
more
institutions
Act No. 14
of 2009

(3) The Minister shall, where the Minister rejects an application
under subsection (2), notify the applicant accordingly and give
reasons therefor. (4) An education board shall, where the Minister approves
the application made under subsection (1), maintain each public
educational institution as a separate public educational institution
from the date of the approval. (5) The constitution of a separate public educational institution
under this section shall not be treated as the establishment of a
new public educational institution. (6) In this section, “ level ” in relation to a public educational
institutional, means a part of the institution under a separate head
of institution. 41. (1) Subject to subsection (2), the Minister may, by notice
in the Gazette, merge two or more public educational institutions
into a single public educational institution.

ction (2), the Minister may, by notice
in the Gazette, merge two or more public educational institutions
into a single public educational institution.

(2) The Minister shall, before merging public educational
institutions—
(a) give written notice to the education board concerned of
the intention to merge the public educational institutions;
(b) publish a notice giving the reasons for the proposed merger
in one or more daily newspapers of general circulation
in the area in which the public educational institutions
are situated;
(c) give the education board concerned, at least ninety days
from the date of the notice within which to make its
representations on the proposed merger; and
(d) take into account any representations made by the
education board concerned or any other person affected
by the proposed merger. (3) The Minister shall not merge any public educational
institutions unless the Minister is satisfied that the education board
concerned has complied with obligations under any applicable labour
law in respect of the staff. 42. (1) The Minister may close for a specified period any public
educational institution, facility or service where the institution, facility
or service—
(a) is not used in accordance with the provisions or
requirements of this Act;
444 No.

facility or service where the institution, facility
or service—
(a) is not used in accordance with the provisions or
requirements of this Act;
444 No.

23 of 2011] Education
Merger of
public
educational
institutions
Closure of
public
educational
institution

23 of 2011] Education
Merger of
public
educational
institutions
Closure of
public
educational
institution

(b) does not have a full time teacher whilst 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 any public educational institution,
facility or service, for a specified period, on grounds of health or
public disorder. (3) The Minister shall not close any public educational institution,
facility or service under this section unless the Minister—
(a) informs the education board concerned of the intention
to close the public educational institution, facility or
service and the reasons therefor;
(b) gives the education board concerned an opportunity to
make representations on the proposed closure;
(c) conducts a public hearing in the area to enable the local
community to make representations on the proposed
closure; and
(d) takes into account any representations made by the
education board concerned or any other person affected
by the proposed closure.

ed
closure; and
(d) takes into account any representations made by the
education board concerned or any other person affected
by the proposed closure.

(4) Where a public educational institution is closed for a period
exceeding fourteen days, a district director of education shall make
alternative arrangements for the learners and teachers. (5) Where a public educational institution is closed under
subsection (1), any assets of the public educational institution shall,
subject to the conditions of any donation, bequest or trust given to
the public educational institution in relation to the assets, devolve
to the State unless otherwise agreed between the Minister and the
education board concerned. 43. The Minister may order a public educational institution to
change the site for its institution where the change is in the public
interest or to facilitate the efficient and effective provision of
education at the public educational institution. 44. (1) The Minister may, by statutory instrument, establish
an education board as a governance body for—
Education [No. 23 of 2011 445
Change of site
of public
educational
institution
Establishment
of education
boards

ation board as a governance body for—
Education [No. 23 of 2011 445
Change of site
of public
educational
institution
Establishment
of education
boards

(a) a public educational institution;
(b) an area or areas in respect of specified classes or types
of public educational institutions; or
(c) any education service provided in accordance with this
Act. (2) The Minister shall, where an education board is established
under this section, exercise the functions of the education board
from the date of its establishment until the date of its first meeting. 45.

ablished
under this section, exercise the functions of the education board
from the date of its establishment until the date of its first meeting. 45.

The functions of an education board are to—
(a) interpret and implement national policies on education;
(b) prepare, review and adopt annual budgets for the
effective and efficient performance of an educational
institution under its jurisdiction;
(c) monitor management performance regularly;
(d) in consultation with the Minister, establish schools;
(e) submit bi annual and annual reports to the district director
of education;
(f) oversee the implementation of control systems and
compliance with the law and governance, accounting
and auditing standards;
(g) ensure that the premises of an educational institution under
its jurisdiction are safe and clean;
(h) provide guidelines on the instruction and discipline of
learners;
(i) receive, on behalf of an educational institution under its
jurisdiction, gifts, donations, bequests, grants or other
moneys and make disbursements thereof to the
educational institution;
(j) determine the fees and charges, if any, to be paid to an
educational institution under its jurisdiction;
(k) monitor and supervise developmental projects of an
educational institution under its jurisdiction;
(l) ensure that an educational institution under its jurisdiction
procures goods and services in accordance with the
provisions of the Public Procurement Act, 2008;
(m) ensure that the education provided by an educational
institution under its jurisdiction conforms to the standards
determined under this Act; and
446 No.

sure that the education provided by an educational
institution under its jurisdiction conforms to the standards
determined under this Act; and
446 No.

23 of 2011] Education
Functions of
education
board
Act No. 12
of 2008

23 of 2011] Education
Functions of
education
board
Act No. 12
of 2008

(n) perform any other functions as may be conferred on the
education board under this Act or any other law. 46. There shall be established, as a governance structure in a
public educational institution, a parents-teachers committee. PART VI
PRIVATE E DUCATIONAL I NSTITUTIONS
47. (1) A person shall not operate a private educational
institution unless the educational 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 five
hundred thousand penalty units or to imprisonment for a period not
exceeding five years, or to both. 48. (1) A person may establish and maintain a private
educational institution for the purpose of providing any level of
education under this Act. (2) The establishment of a private educational institution under
subsection (1) may include the provision of a hostel for the
accommodation of learners at the institution. (3) A private educational institution may be an inclusive
institution or for learners with special education needs. 49.

f learners at the institution. (3) A private educational institution may be an inclusive
institution or for learners with special education needs. 49.

(1) A proprietor of a private educational institution shall
appoint a board of management for the private educational
institution. (2) A board of management appointed under subsection (1)
shall be responsible for the management of the private educational
institution. 50. (1) A private educational institution shall develop an
operational plan which shall include the following:
(a) the proposed education level or course of study which
the institution intends to offer;
(b) the governance structure of the institution;
(c) the premises where the institution is to operate in Zambia
including the facilities and resources;
(d) if the level of education or course is to be delivered by an
agent, the name and address of the agent;
(e) the mode of delivery of education to be used in the
operation;
Education [No. of 2011 447
Parents-
teachers’
committees
Prohibition of
operation of
unregistered
private
educational
institution
Establishment
and
maintenance
of private
educational
institution
Board of
management
Operational
plan of
private
educational
institution

l
institution
Establishment
and
maintenance
of private
educational
institution
Board of
management
Operational
plan of
private
educational
institution

(f) the requirements of the course or level of education to
achieve the learning outcomes; and
(g) the level and name of the award that may be attained on
successful completion of the course or level of education. (2) A proprietor of a private educational institution shall submit
the operational plan prepared in accordance with subsection (1) to
the Minister for approval. (3) A private educational institution shall not commence any
operations until its operational plan is approved by the Minister. (4) An operational plan of a private educational institution shall
be available for inspection, at a nominal fee, by members of the
public during ordinary office hours at the premises at which the
private educational institution is registered to operate. 51. (1) A proprietor of a private educational institution shall,
where any change or alteration occurs at the institution, inform the
Registrar of the change or alteration within fourteen days of the
change or alteration. (2) A change shall not be effected in the establishment or
operational plan of any private educational institution unless the
Minister approves the change and the particulars of the change
are recorded in the Register.

al plan of any private educational institution unless the
Minister 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 educational institution means—
(a) the provision of any additional class, grade or course in
the institution not included in any previous registration;
(b) the re opening of the closed institution;
(c) the change of ownership or management of the institution,
whether the change takes effect by way of partnership
or otherwise;
(d) the transfer of the institution to a new site or change of its
principal office;
(e) the alteration of any qualification for admission to the
institution; or
(f) the provision of any type of education not falling within
the classification in which the institution was previously
registered. 448 No. 23 of 2011] Education
Change in
establishment
or
operational
plan

ithin
the classification in which the institution was previously
registered. 448 No. 23 of 2011] Education
Change in
establishment
or
operational
plan

52. (1) The Minister may designate one member of staff of
the Ministry as Registrar of private educational institutions. (2) The Minister may designate any other member of staff of
the Ministry as Deputy Registrar of private educational institutions
to assist the Registrar in the performance of the Registrar’s
functions under this Act, and to discharge the functions of the
Registrar where the Registrar is absent or is, for any reason,
unable to discharge the functions of the office of Registrar. (3) The Registrar may delegate any of the functions of the
Registrar to the Deputy Registrar. 53. (1) A person who intends to operate a private educational
institution shall apply to the Registrar for registration of the private
educational institution in the prescribed manner and form upon
payment of the prescribed fee. (2) The Registrar may, upon receipt of an application under
subsection (1), approve the application, on such terms and
conditions as the Registrar may determine, or reject the application. (3) The Registrar shall, where the Registrar rejects an
application for registration, inform the applicant accordingly and
give the reasons therefor.

(3) The Registrar shall, where the Registrar rejects an
application for registration, inform the applicant accordingly and
give the reasons therefor.

(4) The Registrar may require further information, particulars
and documents in support of an application for registration. 54. (1) The Registrar shall not approve an application made
under section fifty-three unless—
(a) the private educational institution has an approved
operational plan;
(b) the establishment of the private educational institution is
consistent with the needs of learners and the subsisting
national education policy;
(c) the private educational institution and any hostel or other
facilities provided or to be provided at the institution
are suitable and adequate, having regard to the number,
age and gender of the learners who are to attend the
institution;
(d) the private educational institution fulfills the prescribed
minimum requirements of health and safety and
conforms with any building regulations under any written
law;
Registrar of
private
educational
institutions
Education [No. 23 of 2011 449
Application
for
registration
of private
educational
institution
Criteria for
registration

ivate
educational
institutions
Education [No. 23 of 2011 449
Application
for
registration
of private
educational
institution
Criteria for
registration

(e) adequate financial provision has been made or is guaranteed
for the proper maintenance of the private educational
institution for a reasonable period;
(f) the teaching staff to be employed at the private educational
institution are qualified for the purpose of efficient
provision of qualitative education;
(g) the education programmes to be provided at the private
educational institution are of a quality that will enable
the institution to provide a standard of education provided
by a comparable public or aided educational institution;
and
(h) the equipment to be used at the private educational
institution will allow satisfactory tuition in the subjects
to be offered at the institution. (2) The Registrar may provide for different conditions in respect
of different private educational institutions. 55. (1) The Registrar may provisionally register a private
educational institution which does not fulfill the requirements for
registration under this Act, where the Registrar has reasonable
grounds to believe that the institution is able to fulfill the relevant
requirements within a specified period.

ct, where the Registrar has reasonable
grounds to believe that the institution is able to fulfill the relevant
requirements within a specified period.

(2) The Registrar shall, where the Registrar provisionally
registers a private educational institution under subsection (1)—
(a) determine the period within which the private educational
institution shall satisfy the requirements for registration;
(b) issue a certificate of provisional registration to the private
educational institution stating the terms, conditions and
the duration of the registration;
(c) publish the certificate of provisional registration in the
Gazette within thirty days from the date of its issue;
and
(d) enter the private educational institution’s name in the
appropriate register. (3) The Registrar may extend the duration of the provisional
registration of a private educational institution on such terms and
conditions as the Registrar may determine:
Provided that the extended duration of the provisional
registration shall not exceed twelve months. 450 No. 23 of 2011] Education
Provisional
certificate of
registration

xtended duration of the provisional
registration shall not exceed twelve months. 450 No. 23 of 2011] Education
Provisional
certificate of
registration

(4) The Registrar shall, where prior to the expiry of the period
referred to under subsection (2), the private educational institution
meets the requirements for registration, register the institution in
accordance with this Act. (5) A private educational institution’s provisional registration
shall lapse if the private educational institution fails to meet the
requirements for registration within the period referred to under
subsection (2). (6) A private educational institution registered provisionally shall
be deemed to be registered on the date on which it is issued with a
certificate of registration. (7) The Registrar shall revoke a provisional certificate of
registration if—
(a) the holder thereof fails to comply with its terms and
conditions within the specified period; or
(b) any ground exists on which the Registrar would have
rejected its application for registration. 56. The Registrar shall, where the Registrar approves an
application under section fifty-three, issue the applicant with a
certificate of registration in the prescribed form. 57.

re the Registrar approves an
application under section fifty-three, issue the applicant with a
certificate of registration in the prescribed form. 57.

The head of a private educational institution shall display—
(a) in a conspicuous place on its premises, its certificate of
registration or provisional registration or a certified copy
thereof; and
(b) on all its official documents, its registration number and
an indication that it is registered or provisionally
registered. 58. (1) A proprietor of a private educational institution shall
not operate the institution on any premises within Zambia other
than the premises or principal office specified in the certificate of
registration of the institution. (2) A private educational institution shall ensure that any physical
facility at the private educational institution is accessible to learners
with special education needs. (3) A person who contravenes subsection (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 three years, or to both. Education [No. 23 of 2011 451
Certificate of
registration
Display of
certificate of
registration
Premises for
operation of
private
educational
institution

ation [No. 23 of 2011 451
Certificate of
registration
Display of
certificate of
registration
Premises for
operation of
private
educational
institution

59. The head of a private educational institution shall keep and
maintain such records and provide such information as the Minister
may prescribe for purposes of this Act. 60. A private educational institution shall in each year, not later
than the date prescribed by the Minister, pay to the Registrar such
annual fee as may be prescribed. 61. A proprietor of a private educational institution may apply
to the Registrar for the renewal of the registration in the prescribed
manner and form. 62. (1) The Registrar may de-register a private educational
institution where—
(a) any ground exists on which the Registrar would have
rejected the application for registration;
(b) the institution contravenes any term or condition of the
certificate of registration or any provision of this Act;
(c) the institution operates without a board of management;
(d) the institution has ceased to operate or exist; or
(e) the institution has been closed for a period exceeding six
months.

t a board of management;
(d) the institution has ceased to operate or exist; or
(e) the institution has been closed for a period exceeding six
months.

(2) The Registrar shall, before de-registering a private
educational institution under subsection (1)—
(a) by notice in writing—
(i) inform the private educational institution of the
intention to de-register it;
(ii) state the ground for the proposed de-registration;
and
(iii) state the date on which the de-registration is
proposed to be done;
(b) invite the private educational institution to make written
representations to the Registrar on the matter, within
thirty days from the date of the notice; and
(c) take into account the representations, if any, made by the
private educational institution under paragraph (b). 63. (1) The Minister may close a private educational institution
where the private educational institution—
(a) fails to comply with the terms and conditions of registration
of the institution or with any provision of this Act; or
452 No. 23 of 2011] Education
Keeping of
records
Annual fee
Renewal of
registration
De-
registration
of private
educational
institution
Closure of
private
educational
institution

n
Keeping of
records
Annual fee
Renewal of
registration
De-
registration
of private
educational
institution
Closure of
private
educational
institution

(b) is operated in a way that is detrimental to the welfare of
the learners at the institution. (2) The Minister shall, before closing a private educational
institution under subsection (1), by notice, in writing, order the
private educational institution to take such remedial measures within
a specified period, not exceeding six months, as the Minister may
determine. (3) The Minister shall, by notice to the proprietor of a private
educational institution, order the closure of a private educational
institution where its proprietor fails to take any remedial measures
as may be determined by the Minister and such order shall be
published in the Gazette. (4) The Minister may close a private educational institution for
a specified period on grounds of health or public disorder. 64. (1) A private educational institution shall, where it is de-
registered under section sixty-two or its provisional registration is
revoked under section fifty-five submit the original certificate of
registration or provisional registration to the Registrar within
fourteen days of the de-registration or revocation, as the case may
be.

ertificate of
registration or provisional registration to the Registrar within
fourteen days of the de-registration or revocation, as the case may
be.

(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period
not exceeding two years, or to both. 65. The Registrar 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 the registered private educational
institutions. 66. (1) The Registrar shall keep or cause to be kept a register
of private educational institutions registered under this Act. (2) The Registrar shall—
(a) enter in the register, the name, type and address of any
registered private educational institution, the scope of
its registration, the name and occupation of the proprietor
and any other particulars in the prescribed system of
classification and nomenclature;
(b) make in the register, any alterations or changes in the
particulars of any registered private educational
institution; and
Education [No. 23 of 2011 453
Surrender of
certificate of
registration
Publication
of list of
registered
private
educational
institutions
Register of
private
educational
institutions

rrender of
certificate of
registration
Publication
of list of
registered
private
educational
institutions
Register of
private
educational
institutions

(c) cancel from the register, the name of a private educational
institution whose registration is de-registered. (3) The Register shall be open to public inspection at such times
as the Minister may determine. (4) 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 hundred thousand penalty
units or to imprisonment for a period not exceeding three years, or
to both. 67. (1) The Minister may, in the prescribed manner, grant aided
status to any private educational institution. (2) Where a private educational institution is granted aided status
under subsection (1)—
(a) it shall be operated as an aided educational institution;
and
(b) the provisions of Part VIII shall apply to the institution. 68. For purposes of this Part, a notice, order or other document
required to be given or served on a proprietor of a private educational
institution may be served on the proprietor by delivering it to the
registered address of the private educational institution. 69.

private educational
institution may be served on the proprietor by delivering it to the
registered address of the private educational institution. 69.

(1) A person aggrieved with a decision of the Registrar
under this Part may appeal to the Minister within thirty days of the
decision. (2) A person aggrieved with the decision of the Minister under
subsection (1) may appeal to the High Court within thirty days of
the decision. (3) The decision of the Minister under this Part shall not take
effect until the period allowed for an appeal under subsection (2)
has lapsed or where an appeal is instituted against the decision, the
day the appeal is determined. PART VII
COMMUNITY E DUCATIONAL INSTITUTIONS
70. In this Part—
“ Registrar ” means the Registrar of Community Educational
Institutions; and
“school committee” means a parents-teachers’ school
committee. 454 No. 23 of 2011] Education
Grant of
aided status
to private
educational
institution
Service of
notice
Appeals
Definition

eachers’ school
committee. 454 No. 23 of 2011] Education
Grant of
aided status
to private
educational
institution
Service of
notice
Appeals
Definition

71. (1) A person or community shall not operate a community
educational institution unless the 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 five
hundred thousand penalty units or to imprisonment for a period
not exceeding five years, or to both. 72. (1) A community may establish, own or maintain an
educational institution for the purpose of providing any level of
education under this Act. (2) The establishment of a community educational institution
may include the provision of a hostel for the accommodation of
learners at the educational institution. (3) A community educational institution may be an inclusive
institution or for learners with special education needs. 73. (1) A community that intends to operate a community
educational institution shall constitute a school committee. (2) A school committee constituted under subsection (1) shall
comprise not less than six and not more than thirteen members.

itute a school committee. (2) A school committee constituted under subsection (1) shall
comprise not less than six and not more than thirteen members.

(3) The functions of a school committee are to—
(a) regulate the conditions of enrollment of learners at the
community educational institution, including the fees, if
any, to be paid to the school committee;
(b) subject to the approval of the Minister, determine the
calendar to be observed at the community educational
institution, the subjects of instruction to be provided and
the syllabi;
(c) determine, with the approval of the Registrar, the
conditions of suspension or exclusion of learners enrolled
at the community educational institution;
(d) cause to be kept proper accounts of income and
expenditure and give a detailed report of such accounts
to the Registrar; and
(e) do all such things as are necessary or incidental for the
achievement of its purpose. 74. (1) The Minister shall designate a district director of
education as Registrar of community educational institutions. (2) The Registrar may delegate any of the functions of the
office of Registrar to any officer in the district education office. Education [No.

utions. (2) The Registrar may delegate any of the functions of the
office of Registrar to any officer in the district education office. Education [No.

23 of 2011 455
Establishment
and
maintenance
of
community
educational
institution
Establishment
of parents-
teachers’
school
committee
Registrar of
community
educational
institutions
Prohibition
of operation
of
unregistrered
communitty
educational
institution

eachers’
school
committee
Registrar of
community
educational
institutions
Prohibition
of operation
of
unregistrered
communitty
educational
institution

75. (1) A community which intends to operate a community
educational institutional shall apply to the Registrar for the
registration of the community educational institution in the
prescribed manner and form upon payment of the prescribed fee. (2) The Registrar may, upon receipt of an application under
subsection (1), approve the application, on such terms and conditions
as the Registrar may determine, or reject the application. (3) The Registrar shall, where the Registrar rejects an
application under subsection (1), inform the applicant accordingly
and give the reasons therefor. (4) The Registrar may require further information, particulars
and documents in support of an application for registration. 76.

the reasons therefor. (4) The Registrar may require further information, particulars
and documents in support of an application for registration. 76.

(1) The Registrar shall not approve an application made
under section seventy-five unless—
(a) the community has established a school committee in
accordance with this Act;
(b) the establishment of the community educational institution
is consistent with the needs of learners and the subsisting
national education policy;
(c) the community educational institution and any hostel or
other facilities provided or to be provided at the institution
are suitable and adequate, having regard to the number,
age and gender of the learners;
(d) the community educational institution fulfills the prescribed
minimum requirements of health and safety and
conforms with any building regulations under any written
law;
(e) adequate financial provision has been made or is
guaranteed for the proper maintenance of the community
educational education for a reasonable period;
(f) the teaching staff to be employed at the community
educational institution are qualified for the purpose of
efficient provision of qualitative education;
(g) the education programmes to be provided at the community
educational institution are of a quality that will enable
the institution to provide a standard of education that is
not inferior to the standard of education provided by a
comparable public or aided educational institution; and
(h) the equipment to be used at the community educational
institution will allow satisfactory tuition in the subjects
to be offered at the institution.

h) the equipment to be used at the community educational
institution will allow satisfactory tuition in the subjects
to be offered at the institution.

456 No. 23 of 2011] Education
Criteria for
application
Application
for
registration
of
community
educational
institution

456 No. 23 of 2011] Education
Criteria for
application
Application
for
registration
of
community
educational
institution

(2) The Registrar shall notify the Minister of the registration
of any community educational institution. (3) The Registrar may provide for different conditions in respect
of different community educational institutions. 77. The Registrar shall, where the Registrar approves an
application under section seventy-five, issue the applicant with a
certificate of registration in the prescribed form. 78. The Registrar 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 the registered community
educational institutions. 79. (1) The Registrar shall keep, or cause to be kept, a register
of community educational institutions established under this Act.

onal institutions. 79. (1) The Registrar shall keep, or cause to be kept, a register
of community educational institutions established under this Act.

(2) The Registrar shall—
(a) enter in the register, the name, and address of any
registered community educational institution, the scope
of its registration, the names and occupations of the
members of a school committee and any other
particulars in the prescribed system of classification and
nomenclature;
(b) make in the register, any alterations or changes in the
particulars of any registered community educational
institution; and
(c) cancel from the register, the name of a community
educational institution which is de-registered. (3) The register shall be open to public inspection at such times
as the Minister may determine. (4) 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 hundred thousand penalty
units or to imprisonment for a period not exceeding three years, or
to both. Education [No. 23 of 2011 457
Certificate of
registration
Publication of
list of
registered
community
educational
institution
Register of
community
educational
institutions

011 457
Certificate of
registration
Publication of
list of
registered
community
educational
institution
Register of
community
educational
institutions

PART VIII
AIDED E DUCATIONAL I NSTITUTIONS
80. (1) A person shall not operate an aided educational institution
unless the institution is in possession of a certificate of aided status
issued under this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a period not
exceeding five years, or to both. 81. (1) A person, organisation or community may establish, own
or maintain an aided educational institution for the purpose of
providing any level of education under this Act. (2) A person, organisation or community that establishes, owns
or maintains an educational institution may apply to the Minister
for aided status in the prescribed manner and form upon payment
of the prescribed fee. (3) The establishment of an aided educational institution may
include the provision of a hostel for the accommodation of the
learners at the institution. (4) An aided educational institution may be an ordinary institution
or for learners with special education needs. 82.

the
learners at the institution. (4) An aided educational institution may be an ordinary institution
or for learners with special education needs. 82.

(1) The Minister may grant an educational institution aided
status, where the Minister is satisfied that the institution meets
such requirements and conditions as the Minister may prescribe. (2) The Minister shall, where the Minister grants an educational
institution aided status, issue the institution with a certificate of
aided status in the prescribed form. (3) The Minister may, by notice in the Gazette, categorise an
educational institution that is granted aided status under subsection
(1), in accordance with the form of aid received. (4) The aided status granted under this section may be in the
form of—
(a) a subsidy;
(b) the provision of any materials;
(c) operational and capital development costs;
(d) the provision of teachers who are staff members of the
Ministry;
(e) a combination of two or more of the forms of aid referred
to in paragraphs (a), (b), (c) and (d); or
(f) any other form of aid determined by the Minister. 458 No. 23 of 2011] Education
Prohibition
of operation
of aided
institution
without
certificate of
aided status
Application
for aided
status
Grant of
aided
status to
educational
institution

on
of operation
of aided
institution
without
certificate of
aided status
Application
for aided
status
Grant of
aided
status to
educational
institution

(5) The Minister shall, where the Minister rejects an application
for aided status, inform the applicant accordingly and give the
reasons therefor. 83. (1) A proprietor of an aided educational institution shall,
with the approval of the Minister, appoint a board of management
for the institution. (2) A board of management established under subsection (1)
shall be responsible for the management, conduct and discipline of
learners at the aided educational institution. (3) A proprietor of an aided educational institution may, with
the approval of the Minister, appoint a managing agency to perform
the functions of the board of management stipulated under this
Act. 84.

n may, with
the approval of the Minister, appoint a managing agency to perform
the functions of the board of management stipulated under this
Act. 84.

The functions of a board of management are to—
(a) provide education and educational facilities of such a nature
as the Minister, proprietor or managing agency may
determine in accordance with the principle of providing
quality education;
(b) administer, maintain and control the aided educational
institution for which it is appointed;
(c) employ such persons as it may determine;
(d) enter into arrangements for the secondment, into its
service, of teachers and other staff of the Ministry;
(e) regulate the conditions of enrolment of learners at the
aided educational institution, including the fees and
charges, if any, to be paid to the board of management;
(f) regulate the calendar to be observed at the aided
educational institution, the subjects of instruction to be
provided and the syllabi in respect of such subjects in
accordance with guidelines given by the Minister;
(g) determine the conditions of suspension, or exclusion of
learners enrolled at the aided educational institution;
(h) carry out any other functions specified by the constitution
of the board of management; and
(i) do all such things as are necessary for the achievement
of its purposes. 85.

nctions specified by the constitution
of the board of management; and
(i) do all such things as are necessary for the achievement
of its purposes. 85.

(1) An aided educational institution shall, with the approval
of the Minister, develop and adopt a constitution and operate in
accordance with the constitution. Education [No. 23 of 2011 459
Board of
management
Functions of
board of
management
Constitution
of aided
educational
institution

ith the constitution. Education [No. 23 of 2011 459
Board of
management
Functions of
board of
management
Constitution
of aided
educational
institution

(2) A constitution of an aided educational institution shall provide
for the following:
(a) the name and occupation of the proprietor of the institution;
(b) the name and purpose of the institution;
(c) the membership, powers, functions, tenure and proceedings
of the board of management of the institution;
(d) the adequacy of the infrastructure and facilities of the
institution for delivery of quality education and any
safeguards for the general welfare and well-being of
learners;
(e) the control and management of the institution and the
terms and conditions for the dissolution of the board of
management;
(f) the establishment, membership and functions of any
committee of the board of management of the
institution;
(g) the remuneration and allowances of members of the board
of management and of its committees;
(h) the control and management of funds by the board of
management of the institution; and
(i) the preparation and adoption of any annual report on the
activities of the board of management. (3) A board of management shall submit its constitution to the
Minister for approval within ninety days of the establishment of
the board of management.

) A board of management shall submit its constitution to the
Minister for approval within ninety days of the establishment of
the board of management.

(4) The Minister may, upon receipt of a constitution under
subsection (3), approve the constitution, on such terms and conditions
as the Minister may determine, or reject it. (5) A board of management shall not amend its constitution
without the written approval of the Minister. (6) A proprietor of an aided educational institution shall exercise
the functions of the board of management of the institution from
the date of the establishment of the board until the date of its first
meeting. 86. (1) A proprietor of an aided educational institution may
apply for a change of site of the aided educational institution. (2) The Minister may, in the public interest or on grounds of the
health of the learners at an aided educational institution—
(a) approve the change of site of the aided educational
institution; or
460 No. 23 of 2011] Education
Change of
site of aided
educational
institution

(a) approve the change of site of the aided educational
institution; or
460 No. 23 of 2011] Education
Change of
site of aided
educational
institution

(b) by order, in writing, direct the proprietor of the aided
educational institution to change the site of the
institution. 87. An aided educational institution shall display its certificate
of aided status in a conspicuous place at its registered premises. 88. (1) The Minister may, where an aided educational
institution is operated or being managed in a manner which is
detrimental to the physical, mental or general welfare of the learners
at the institution, suspend the operations of the institution. (2) The Minister may, where the Minister suspends the
operations of an aided educational institution under subsection (1),
order the institution to take any remedial measures in the prescribed
manner and period. (3) The Minister may withdraw the aided status granted to an
educational institution which fails to take any remedial measures
ordered under subsection (2). 89. (1) The Minister may, where an aided educational
institution does not comply with any term or condition subject to
which aided status was granted, reduce or terminate the aid.

re an aided educational
institution does not comply with any term or condition subject to
which aided status was granted, reduce or terminate the aid.

(2) The Minister shall not reduce or terminate any aid granted
to an educational institution under this Part unless the Minister
gives its proprietor an opportunity to make written representations
on the proposed reduction or termination of the aid. (3) A board of management of an aided educational institution
shall, where the aid of the institution is terminated under this section,
surrender the certificate of aided status to the Minister within
fourteen days of the termination. 90. (1) The Minister may, on grounds of public interest, by
notice in the Gazette, order the closure of an aided educational
institution or any part thereof on such date as the Minister may
determine in the notice. (2) The board of management of an aided educational institution
may, where the Minister orders the closure of the institution under
subsection (1), make representations to the Minister on the proposed
closure. (3) The Minister may, where an aided educational institution is
closed under this section and remains closed for a consecutive
period of six months, or more, cancel the name of the aided
educational institution from the register. Education [No.

remains closed for a consecutive
period of six months, or more, cancel the name of the aided
educational institution from the register. Education [No.

23 of 2011 461
Display of
certificate of
aided status
Suspension
of operations
of aided
educational
institution
Reduction or
termination
of aid
Closure of
aided
educational
institution

ate of
aided status
Suspension
of operations
of aided
educational
institution
Reduction or
termination
of aid
Closure of
aided
educational
institution

(4) A person who operates an aided educational institution that
is closed under this section, commits an offence and is liable, upon
conviction, to a fine not exceeding five hundred thousand penalty
units or to imprisonment for a period not exceeding five years, or to
both. 91. (1) The Minister may direct that an aided educational
institution, or part thereof, closed for a period of less than six
months be re-opened on such terms and conditions as the Minister
may determine. (2) The board of management of an aided educational institution
closed for a period exceeding six months may apply for re-opening
of the institution in the prescribed manner and form upon payment
of the prescribed fee. 92. The Minister shall, on such date as the Minister may
determine, publish in the Gazette a list of aided educational
institutions. 93. The Minister shall keep or cause to be kept a register of
aided educational institutions which shall contain such particulars
as the Minister may prescribe. 94. A person aggrieved with the decision of the Minister under
this Part may appeal to the High Court within thirty days of the
decision. PART IX
C URRICULUM , ASSESSMENT AND CERTIFICATION
95.

f the Minister under
this Part may appeal to the High Court within thirty days of the
decision. PART IX
C URRICULUM , ASSESSMENT AND CERTIFICATION
95.

(1) The Minister shall specify the curriculum, syllabi, books
and other materials to be used at an educational institution. (2) The Minister may, for purposes of enhancing the
effectiveness and quality of school education, ensure that the
curriculum referred to in subsection (1)—
(a) is comprehensive, balanced, integrated, diversified and
relevant and—
(i) promotes the spiritual, moral, social, cultural,
mental and physical development of learners
and of society; and
(ii) prepares learners for the opportunities,
responsibilities and experiences of adult life; and
462 No. 23 of 2011] Education
Re-opening
of
closed aided
educational
institution
Publication
of list of
aided
educational
institutions
Register of
aided
educational
institutions
Appeal
National
school
curriculum

ational
institution
Publication
of list of
aided
educational
institutions
Register of
aided
educational
institutions
Appeal
National
school
curriculum

(b) comprises the core and other foundation subjects and
specifies in relation to each of them—
(i) the attainment targets at foundation stage and at
each key stage;
(ii) the programmes of study at foundation stage
and at each key stage; and
(iii) the assessment arrangements at foundation stage
and at each key stage. (3) For the purposes of this Part, the foundation stage in relation
to a learner is the pre school. (4) For the purposes of this Part, the key stages in relation to a
learner shall be—
(a) the lower basic stage, which is the second key stage;
(b) the middle basic stage, which is the third key stage;
(c) the upper basic stage, which is the fourth key stage;
(d) the high school stage, which is the fifth key stage; and
(e) the tertiary stage, which is the sixth key stage. (5) The curriculum referred to in subsection (1) may be revised
if the Minister considers it expedient to do so. 96.

ge, which is the sixth key stage. (5) The curriculum referred to in subsection (1) may be revised
if the Minister considers it expedient to do so. 96.

(1) The curriculum for all the stages—
(a) shall comprise the following areas of learning:
(i) personal, social, spiritual, cultural and emotional;
(ii) communication, language and literacy;
(iii) mathematical and scientific development;
(iv) knowledge and understanding of the world;
(v) physical education and development; and
(vi) creative development; and
(b) may specify in relation to the areas of learning referred
to in paragraph (a)—
(i) the knowledge, skills, values and attitudes which
learners are expected to have by the end of
each stage;
(ii) the matters, skills and processes which are
required to be taught to learners of different
abilities and maturities during each stage; and
(iii) assessment arrangements. Education [No. 23 of 2011 463
Core and
other
foundation
subjects for
each stage

s and maturities during each stage; and
(iii) assessment arrangements. Education [No. 23 of 2011 463
Core and
other
foundation
subjects for
each stage

(2) The Minister may, by statutory instrument, prescribe the
study area, attainment targets, programmes of study and assessment
arrangements for all the stages. 97. A public, community, aided or private educational institution
may introduce a maximum of two non-examinable or skill focused
subjects that reflect the local environment where the educational
institution is situated. 98. (1) Subject to subsection (2), the language of instruction at
any level of the education system shall be English. (2) Notwithstanding subsection (1), the Minister may, in
consultation with an education board or a board of management—
(a) approve any language in which a learner may learn to
read and write;
(b) determine a language to be used for the teaching of initial
literacy and numeracy skills in any lower basic class;
(c) determine a language which shall be compulsory for any
learner from basic to high school level in any locality;
and
(d) approve a language to be learnt up to school certificate
level. 99. An educational institution shall use sign language as a
medium of instruction to any learner who uses sign language as the
learner’s first language or who has special need for sign language. 100.

guage as a
medium of instruction to any learner who uses sign language as the
learner’s first language or who has special need for sign language. 100.

(1) The Minister may, by statutory instrument,
determine—
(a) the annual academic calendar, the duration of any academic
year and the terms of an academic year for educational
institutions;
(b) the minimum number of days in a year in which instruction
shall be given;
(c) the minimum hours of instruction which educational
institutions shall observe;
(d) the total learning time in respect of each study area in the
curriculum; and
(e) the number of working days and holidays in any academic
year. (2) An education board or board of management shall determine
the times of a learning session within an academic calendar. 464 No. 23 of 2011] Education
Localised
curriculum
Language of
instruction
for
educational
institution
Medium of
instruction
for deaf
learners
School and
college
calendar at
educational
institutions

um
Language of
instruction
for
educational
institution
Medium of
instruction
for deaf
learners
School and
college
calendar at
educational
institutions

(3) The head of institution shall determine the timetable for
the teaching of the national and the localised curriculum at the
educational institution. (4) The Minister may, by statutory instrument, approve the
variation of the calendar of an educational institution determined
under this section. 101. (1) Community educational institutions shall use the
curriculum used in the public and aided educational institutions. (2) Open learning and distance educational institutions shall use
the curriculum for public and aided educational institutions. (3) The Minister may, on application by a private educational
institution, approve the curriculum, language of instruction and the
examining body for the private educational institution where the
curriculum, language of instruction or examining body differs from
that used by a public or aided educational institution. 102. An educational institution shall only use books or other
educational material approved by the Minister. 103.

ic or aided educational institution. 102. An educational institution shall only use books or other
educational material approved by the Minister. 103.

(1) The Minister may, in writing, order that any book,
newspaper, document or other printed or written matter, any film,
picture, visual or aural aid or any record of speech or language, of
whatsoever kind, be banned from use as educational material in
any educational institution on grounds of public interest, morality
or policy. (2) A person who contravenes an order given by the Minister
in accordance with subsection (1) commits an offence and is liable,
upon conviction, to a fine not exceeding one hundred thousand
penalty units or to imprisonment for a period not exceeding one
year, or to both. 104. The Minister shall develop a framework to guide the
provision of libraries in all educational institutions. 105. There shall be established resource centres at all levels
for the purpose of the continuing professional development. 106. (1) There shall be established teacher resource centres
at the national, regional and district levels for purposes of special
education needs. Education [No.

re shall be established teacher resource centres
at the national, regional and district levels for purposes of special
education needs. Education [No.

23 of 2011 465
Curriculum
for
educational
institution
Development
and
publication
of textbooks
and other
educational
materials
Proscription
of certain
publications
Provision of
libraries in
educational
institutions
Teacher
resource
centres
Resource
centres for
special
education
needs

ption
of certain
publications
Provision of
libraries in
educational
institutions
Teacher
resource
centres
Resource
centres for
special
education
needs

(2) A resource centre shall have an approved establishment to
enable the resource centre carry out its services in the field of
special education. (3) The Minister may, by statutory instrument, prescribe the
services to be offered by the resource centres established pursuant
to subsection (1) and provide for the management and administration
of the centres. 107. (1) The Minister may, by statutory instrument, determine
the system of national assessment and the conduct of any
competence and diagnostic test or examination by a public, aided
or community educational institution. (2) A public, aided or community educational institution shall
conduct public examination and assessment in accordance with
the national policy on education and the Examinations Council of
Zambia Act. 108.

n shall
conduct public examination and assessment in accordance with
the national policy on education and the Examinations Council of
Zambia Act. 108.

(1) The Minister may, by statutory instrument, make
regulations—
(a) providing for the procedure for the preparation or approval
of the curriculum, books and other educational materials
for use in educational institutions;
(b prescribing the establishment, development and operation
of a system of national assessment;
(c) prescribing the conditions of any examination held by, or
under, the direction of the Ministry and the fees payable
in respect of the examination;
(d) prescribing the duration of a teaching practice and the
structure of a basic teacher training programme in a
college of education not accredited to any university;
(e) prescribing the design and development of the basic
teacher training curriculum, including the standards of
tuition relating to public or aided college of education
and any other post school educational institution not
accredited to any university;
(f) prescribing the language to be used for initial literacy;
(g) providing for the teaching of religious education in a public,
aided or community educational institution;
(h) providing for the manner in which career education and
guidance shall be given in a public, aided or community
educational institution;
466 No.

n;
(h) providing for the manner in which career education and
guidance shall be given in a public, aided or community
educational institution;
466 No.

23 of 2011] Education
Determination
of
competence
test and
public
examination
Regulations
relating to
curriculum,
assessment
and
certification
Cap. 137

3 of 2011] Education
Determination
of
competence
test and
public
examination
Regulations
relating to
curriculum,
assessment
and
certification
Cap. 137

(i) providing for the development and adoption of guidelines
to promote education on sexuality, reproductive health,
HIV and AIDS and personal relationships in any
educational institution; and
(j) providing for anything which is required to be prescribed
under this Part. (2) Regulations made under this section may make different
provision for different levels of the education system. PART X
E NFORCEMENT O F Q UALITY AND STANDARDS IN EDUCATION
109. The Minister shall determine the standards and quality of
education and training in educational institutions. 110. (1) There shall be appointed, as public officers, education
standards officers to ensure high standards and quality of education
at educational institutions and ensure compliance with the
provisions of this Act. (2) The Minister shall issue an education standards officer
appointed under this section with an identification card that shall
be prima facie evidence of the education standards officer’s
appointment as such. (3) The identification card referred to in subsection (2) shall
contain such particulars relating to an education standards officer’s
identity as the Minister may determine.

card referred to in subsection (2) shall
contain such particulars relating to an education standards officer’s
identity as the Minister may determine.

(4) An education standards officer shall, at the request of any
person who is affected by the performance of the education
standards officer’s functions under this Act, produce for inspection
by the person, the identification referred to under subsection (2). 111. (1) An education standards officer shall monitor, evaluate
and enforce adherence to set standards of quality in the provision
of education by educational institutions in accordance with the
provisions of this Act. (2) Without prejudice to the generality of subsection (1), the
functions of an education standards officer are to—
(a) inspect any work, management or activity at an educational
institution or facility so as to ensure compliance with
the provisions of this Act;
(b) inform the Minister on the state of the education system
and advise on the development and implementation of
any national policies on education;
Education [No. 23 of 2011 467
Quality and
standards in
education
Functions of
education
standards
officers
Education
standards
officers

on education;
Education [No. 23 of 2011 467
Quality and
standards in
education
Functions of
education
standards
officers
Education
standards
officers

(c) monitor and supervise the provision of education and
training by educational institutions and advise on the
management of educational institutions;
(d) monitor and evaluate the management and use of resources
by public, aided and community educational institutions;
(e) monitor the effectiveness of any teacher training and advise
the Minister on the priorities and requirements for the
training of teachers;
(f) participate in the development and revision of any
curriculum, preparation of any syllabus for any
examination and the setting and marking of any
examination and monitor the effectiveness of any testing
or examination;
(g) conduct inspections at any educational institution for the
purpose of vetting or approving the registration of any
aided, community or private educational institution;
(h) facilitate and guide the registration of teachers and enhance
the status of teachers as professionals;
(i) monitor and review the performance of education boards
and boards of management of educational institutions;
(j) submit to the Minister annual reports and any other report
on the performance of the education system; and
(k) carry out any other functions in connection with education
and training as the Minister may direct.

n the performance of the education system; and
(k) carry out any other functions in connection with education
and training as the Minister may direct.

112. (1) An education standards officer may—
(a) inspect any educational institution, operation or activity
undertaken or carried out on any land, building or
premises in connection with matters provided for in this
Act;
(b) inspect and take copies of records or documents of any
educational institution kept or used in contravention of
the provisions of this Act;
(c) order the application of measures which are prescribed
for purposes of this Act within a specified period;
(d) recommend to the Minister the closure or seizure of an
educational institution;
(e) order the cessation of any activity or operation carried out
in contravention of this Act or any term or condition of
registration; and
468 No. 23 of 2011] Education
Powers of
education
standards
officer

ied out
in contravention of this Act or any term or condition of
registration; and
468 No. 23 of 2011] Education
Powers of
education
standards
officer

(f) order the adoption of any measures prescribed for the
purpose of protecting the health and welfare of learners
at educational institutions. (2) An owner or occupier of any land, building, premises or
conveyance and the owner’s employees and agents shall afford
an education standards officer access thereto and shall give such
information and provide such reasonable assistance as the education
standards officer may require for the purpose of carrying out an
inspection. (3) An education standards officer may, in the performance of
any functions under this section, be accompanied and assisted by
a police officer or other relevant officer.

ndards officer may, in the performance of
any functions under this section, be accompanied and assisted by
a police officer or other relevant officer.

(4) An education standards officer may, in the course of an
inspection carried out under this section—
(a) seize, destroy or dispose of any material, substance,
appliance, equipment or document which the education
standards officer reasonably suspects is being used
contrary to the provisions of this Act; and
(b) order an owner, occupier, person in charge or control of
any premises to produce for inspection, or for purposes
of obtaining extracts or copies, any book, document or
any other information concerning any matter relevant
to the administration of this Act. (5) An education standards officer shall not detain, dispose of
or destroy anything in exercise of powers under this Act except by
court order. 113. A person who—
(a) willfully delays or obstructs an education standards officer
in the carrying out of duties or functions under this Act;
or
(b) willfully gives an officer false or misleading information
orally, in writing or otherwise;
commits an offence and is liable, upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both. 114.

upon conviction, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both. 114.

(1) The Minister may direct an education standards officer
to conduct a special inspection of any educational institution in
such manner, during such period and for such duration, as the
Minister considers necessary. Education [No. 23 of 2011 469
Obstruction
of education
standards
officer
Special
inspections

d for such duration, as the
Minister considers necessary. Education [No. 23 of 2011 469
Obstruction
of education
standards
officer
Special
inspections

(2) An education standards officer shall, upon completion of a
special inspection referred to in subsection (1)—
(a) submit a written report to the Minister on the results of
the inspection in the prescribed manner and form; and
(b) publish the findings of the inspection in the prescribed
manner. 115. (1) An education standards officer shall, at the end of
each academic year, submit to the Minister an annual report on the
provision of education by educational institutions. (2) An annual report shall be in such form and contain such
information as the Minister may prescribe. 116.

of education by educational institutions. (2) An annual report shall be in such form and contain such
information as the Minister may prescribe. 116.

(1) The Minister may, by statutory instrument, make
regulations—
(a) prescribing the role, functions and responsibilities of
education standards officers at national, regional and
district levels;
(b) prescribing the period during which inspections shall be
conducted, the manner and procedure for conducting
the inspections and the measures for implementing the
recommendations from the inspection;
(c) providing for monitoring and evaluating the effectiveness
of inspections;
(d) providing for the conduct and maintenance of any training
programme for education standards officers;
(e) prescribing a code of conduct for education standards
officers; and
(f) providing for any other matter relating to quality and
standards in education as the Minister considers
necessary for purposes of this Act. (2) Regulations under this section may make different provision
with respect to different educational institutions. PART XI
FINANCING OF E DUCATION
117. (1) The Minister shall, in consultation with the Minister
responsible for finance, determine the policy on the funding of the
education sector. 470 No.

1) The Minister shall, in consultation with the Minister
responsible for finance, determine the policy on the funding of the
education sector. 470 No.

23 of 2011] Education
Annual
report on
quality and
standards
Regulatory
provisions
on quality
and
standards in
education
Administ-
ration of
public funds

of 2011] Education
Annual
report on
quality and
standards
Regulatory
provisions
on quality
and
standards in
education
Administ-
ration of
public funds

(2) The Minister may give financial support from such public
funds as Parliament may appropriate for that purpose—
(a) to an education board, to enable it discharge its functions
under this Act; and
(b) to any organ constituted under this Act, for the
performance of its functions under this Act. 118. (1) Subject to other provisions of this Act, an education
board or board of management of an educational institution may
carry out income generating activities or engage in public-private
partnerships to complement any resources from the Government
and to improve the quality of education provided at the educational
institution. (2) A public, aided or community educational institution shall
retain for its use any fee or other charge paid by any person for
any service or facility provided by the institution. (3) A public, aided or community educational institution shall
submit audited accounts to the Minister within ninety days of the
end of the financial year of the institution. 119. (1) An educational institution shall not charge a learner
any tuition or accommodation fee except in accordance with the
provisions of this Act.

119. (1) An educational institution shall not charge a learner
any tuition or accommodation fee except in accordance with the
provisions of this Act.

(2) A public, aided or community educational institution
providing basic education shall not charge any admission or tuition
fee. (3) A public or aided high school or college of education shall
charge such fees as may be approved by the education board or
board of management of the high school or college of education. (4) The Minister may provide guidelines on fees for educational
institutions and the categories of learners. (5) A person who contravenes subsection (1), (2) or (3)
commits an offence and is liable, upon conviction, to a fine not
exceeding one hundred thousand penalty units or to imprisonment
for a period not exceeding one year, or to both. 120. (1) The Bursaries Committee established under the
repealed Act shall continue to exist as if established under this
Act. (2) The Minister may establish a bursary and scholarship
scheme to assist orphans and vulnerable learners at any public,
aided or community educational institution. (3) The Minister may, by statutory instrument, vest the control
and administration of any scheme established under subsection
Fundraising
by education
board or
board of
management
Education [No.

t, vest the control
and administration of any scheme established under subsection
Fundraising
by education
board or
board of
management
Education [No.

23 of 2011 471
Tuition,
boarding and
other fees
Bursary,
grant,
scholarship
and loan
scheme for
learners
Cap. 134

23 of 2011 471
Tuition,
boarding and
other fees
Bursary,
grant,
scholarship
and loan
scheme for
learners
Cap. 134

(2) in an education board or the board of management of an
aided educational institution. (4) The Minister may, by statutory instrument, establish a loan
scheme to assist learners to pay for any tuition or other fee at an
educational institution. (5) Notwithstanding subsection (2), the Bursaries Committee
may administer any other bursary, grant, scholarship or loan scheme. 121. (1) A general purpose fund established for a public,
community or aided educational institution under the repealed Act
shall continue to exist as if established under this Act.

established for a public,
community or aided educational institution under the repealed Act
shall continue to exist as if established under this Act.

(2) The Minister may, by statutory instrument, make regulations
to provide for—
(a) the establishment of general purpose funds for public,
aided and community educational institutions;
(b) the payment of fees for purposes of general purpose funds;
(c) the extra curricula activities and other activities, whose
object is the spiritual, physical and intellectual welfare
of learners at an educational institution, for which
moneys to the credit of a general purpose fund established
for the educational institution may be extended;
(d) the purpose for which, and the circumstances in which,
the moneys of a general purpose fund may be expanded;
and
(e) the administration of a general purpose fund and the
safeguarding of other moneys which may be collected
for the purpose of an educational institution. (3) The Minister may, in the exercise of the powers conferred
upon the Minister under subsection (1)—
(a) fix different fees for different classes of learners and for
different educational institutions;
(b) provide for the grant of rebates; and
(c) prescribe the circumstances in which fees may be refunded
or remitted, whether in whole or in part. 122.

(b) provide for the grant of rebates; and
(c) prescribe the circumstances in which fees may be refunded
or remitted, whether in whole or in part. 122.

(1) The Minister may, in consultation with the Ministers
responsible for land and local government, by statutory instrument,
prescribe the terms and conditions under which any land may be
acquired or reserved for purposes of education and protected from
any encroachment or seizure. 472 No. 23 of 2011] Education
General
purpose fund
Cap. 134
Land for
educational
purposes

of education and protected from
any encroachment or seizure. 472 No. 23 of 2011] Education
General
purpose fund
Cap. 134
Land for
educational
purposes

(2) A person who encroaches on land acquired or reserved for
the purposes of education commits an offence and is liable, upon
conviction, to a fine not exceeding five hundred thousand penalty
units or to imprisonment for a period not exceeding five years, or
to both. 123. (1) The Minister may, by statutory instrument, in
consultation with the Minister responsible for finance, make
regulations to provide for the financing of education for purposes
of this Act. (2) Regulations under subsection (1) may make different
provision with respect to different areas, educational institutions,
organisations, learners or any other person. PART XII
GENERAL PROVISIONS
124. (1) An educational institution shall not be established or
operated on any premises less than three hundred metres from a
bar. (2) In this section, “ bar ” has the meaning assigned to it in the
Liquor Licensing Act, 2011. (3) A person who contravenes subsection (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 three years, or to both. 125.

n conviction, to a fine not exceeding three
hundred thousand penalty units or to imprisonment for a period not
exceeding three years, or to both. 125.

There shall be established, as a governance structure,
advisory boards in educational institutions, for continuing education. 126. The Minister shall establish a systematic approach to
articulate, coordinate and promote the undertaking and use of any
research in the education sector. 127. (1) A parents-teachers’ association established under the
repealed Act shall continue to operate for a period of one year
from the appointed date after which the association shall stand
dissolved. (2) The assets and liabilities of a parents teachers’ association
dissolved under subsection (1) shall be vested in an education board
or board of management concerned, as the case may be. Education [No. 23 of 2011 473
Prohibition of
operation of
educational
institution
near bar
Advisory
boards
Promotion
of research
Dissolution
of parents-
teachers’
associations
Cap. 134
Regulatory
provisions
on financing
of education
Act No. of
2011

y
boards
Promotion
of research
Dissolution
of parents-
teachers’
associations
Cap. 134
Regulatory
provisions
on financing
of education
Act No. of
2011

128. (1) A person shall not, without the consent given by, or
on behalf of, the Minister, 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, or 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 subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding two
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 subsection (1), unlawfully publishes or
communicates the information to any other person, commits an
offence and is liable, upon conviction, to a fine not exceeding two
hundred thousand penalty units or to imprisonment for a period not
exceeding two years, or to both. 129. Except for the Constitution, where there is any conflict
between this Act and any other law dealing with education, this
Act shall prevail. 130.

129. Except for the Constitution, where there is any conflict
between this Act and any other law dealing with education, this
Act shall prevail. 130.

(1) A person who—
(a) fails, without reasonable excuse, to furnish any information
required for purposes of this Act;
(b) provides false or misleading information in order to secure
any approval, registration, enrolment or any other
purpose;
(c) breaches any condition or requirement imposed under this
Act;
(d) publishes or causes to be published, an advertisement of
an educational institution which is not registered under
this Act or which is de registered; or
(e) 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 hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both. 131. 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
474 No.

r manager of
the body corporate or unincorporate body shall be liable, upon
conviction, as if the director or manager had personally committed
474 No.

23 of 2011] Education
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Supremacy
of Act
Cap. 1
General
offences and
penalties
Offences by
body
corporate or
unincorporate
body

closure
of
information
to
unauthorised
persons
Supremacy
of Act
Cap. 1
General
offences and
penalties
Offences by
body
corporate or
unincorporate
body

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
132. 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.

e 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) Notwithstanding the generality of subsection (1), regulations
made under that subsection may provide for—
(a) the establishment of an institutional framework for literacy
education, open learning and distance education;
(b) the preparation and implementation of an education
development plan;
(c) the transformation of public and aided primary and
secondary schools into basic and high schools;
(d) the control and management of aided, public and
community educational institutions;
(e) the standard requirements for school buildings, class size,
sanitary convenience or any other facilities for
educational institutions;
(f) the conditions for the use of premises of any public
educational institution;
(g) the procedure, powers, membership, tenure, management,
dissolution, control and administration of education
boards;
(h) the standard requirements for private educational
institutions regarding the following:
(i) the quality of education provided by the institutions;
(ii) the spiritual, moral, social and cultural development
of learners;
(iii) the welfare, health and safety of learners; and
(iv) the procedure and manner of dealing with any
complaint from any learner, parent or other
stakeholder;
(i) the requirements and procedure for registration of private
educational institutions;
Education [No.

from any learner, parent or other
stakeholder;
(i) the requirements and procedure for registration of private
educational institutions;
Education [No.

23 of 2011 475
Regulations

23 of 2011 475
Regulations

(j) the terms and conditions for the grant of aided status to
private educational institutions;
(k) the conditions and procedure for the closure or de
registration of a private educational institution;
(l) the powers, functions and proceedings of school
committees;
(m) the exemption of aided and community educational
institutions from the provisions of this Act;
(n) the powers, functions and proceedings of a board of
management of an aided educational institution; and
(o) the procedure, criteria and the terms and conditions for
the award of aided status to an educational institution. (3) Regulations under this section may make different provision
with respect to different of classes of educational institutions. 133. The Education Act, 1966, and the African Education Act,
1951, are hereby repealed. 134. Notwithstanding section one hundred and thirty-three,
the Schedule applies in respect of the matters stated therein. SCHEDULE
(Section 134)
SAVINGS AND TRANSITIONAL PROVISIONS
1. (1) A public, aided or community educational institution
established under the repealed Act shall be deemed to have been
established under this Act.

. (1) A public, aided or community educational institution
established under the repealed Act shall be deemed to have been
established under this Act.

(2) A public, aided or community educational institution
designated as a primary school or secondary school shall continue
as a secondary school or primary school, as the case may be, until
the designation is revoked on such date as the Minister may, by
statutory instrument, determine. 2. (1) A private educational institution registered under the
repealed Act shall be deemed to have been registered under this
Act. (2) Private educational institutions offering primary or secondary
education shall continue to offer primary or secondary education
for a period of five years from the appointed date after which the
476 No. 23 of 2011] Education
Repeal of
Caps. 134
and 135
Savings and
transitional
provisions
Public,
aided or
community
educational
institutions
Cap. 134
Private
educational
institutions
Cap. 134

134
and 135
Savings and
transitional
provisions
Public,
aided or
community
educational
institutions
Cap. 134
Private
educational
institutions
Cap. 134

primary and secondary education shall be phased out or be
transformed into basic schools or high schools, as the case may
be, in accordance with this Act. 3. Any proceedings commenced or pending in relation to the
registration of any school or college under the repealed Act shall
be continued in terms of this Act. 4. An education board or board of management established
under the repealed Act shall continue to exist until it is revoked on
such date as the Minister may, by statutory instrument, determine. 5. (1) Any teachers’ association or organisations established
under the repealed Act shall continue to exist as if established
under this Act. (2) The Minister may, by statutory instrument, make provision
for the period in which, and the terms under which, any teacher
shall comply with the provisions of this Act. 6. Any international arrangement, association or protocol
recognised under the repealed Act shall continue to exist as if
recognised under this Act. 7. Any appointments made under the repealed Act shall be
treated as if made under the corresponding provisions of this Act
until terminated or otherwise dealt with under this Act. Education [No.

Act shall be
treated as if made under the corresponding provisions of this Act
until terminated or otherwise dealt with under this Act. Education [No.

23 of 2011 477
Proceedings
relating to
registration
Cap. 134
Education
boards
Cap. 134
Teachers’
associations
Cap. 134
International
arrangements
Cap. 134
Appointments
Cap. 134

478