The Higher Education (Amendment) Act of 2021

Higher Education (Amendment) [No. 23 of 2021 213
A BILL
ENTITLED
An Act to amend the Higher Education Act.
[20th May, 2021
ENACTED by the Parliament of Zambia.
1. This Act may be cited as the Higher Education (Amendment)
Act, 2021, and shall be read as one with the Higher Education Act,
2013, in this Act referred to as the principal Act.
2. Section 2 of the principal Act is amended—
(a) by the deletion of the definitions of “aided higher education
institution”, “affiliated institution, “constituent college”,
“learning programme”, “principal officer” and
“school”and the substitution therefor of the following:
“aided higher education institution” means a higher
education institution which is not a public higher
education institution and is established or
maintained by a person, organisation or
community with assistance from the Ministry
responsible for higher education;
Enactment
Short title
Act No. 4 of
2013
Amendment
of section 2
GOVERNMENT OF ZAMBIA
ACT
No. 23 of 2021
Date of Assent: 19th May, 2021
Singles copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K56.00 each

ate of Assent: 19th May, 2021
Singles copies of this Act may be obtained from the Government Printer,
P. O. Box 30136, 10101 Lusaka. Price K56.00 each

214 No.

214 No.

23 of 2021] Higher Education (Amendment)
“affiliated institution” means a college or higher
education institution affiliated to a public or
private higher education institution in
accordance with this Act;
“constituent college” means a college, institution or
school registered or declared by statutory order
as a constituent college of a higher education
institution under section 38A;
“learning programme” means a process, programme
of study or academic progamme by which
learners acquire knowledge, skill, competence,
instruction, apprenticeship, training or
employment;
“principal officer” means the Vice Chancellor, Deputy
Vice-Chancellor, Principal, Registrar, Chief
Financial Officer, Chief Librarian or Dean of
Students; and
“school” means a faculty or an academic unit of a
higher education institution in which teaching,
learning, study and research is pursued”;
(b) by the deletion of the definitions of “Bursar”, “course of
study” and “librarian”; and
(c) by the insertion of the following new definitions in the
appropriate places in alphabetical order:
“chief financial officer” means a person appointed
as chief financial officer under paragraph 11 of
the Third Schedule;
“chief librarian” means the person appointed as chief
librarian under paragraph 10 of the Third
Schedule;
“chief internal auditor” means a person appointed as
a chief internal auditor under paragraph 12A of
the Third Schedule;
“citizen” has the meaning assigned to the word in the
Constitution;
“college” means an institution registered or declared
by statutory order as a higher education
institution that provides tertiary education to the
level of certificate and diploma;

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

Higher Education (Amendment) [No.

Higher Education (Amendment) [No.

23 of 2021 215
“higher education” means tertiary education leading
to the award of a certificate, diploma, bachelor’s
degree, postgraduate diploma, master’s degree
or doctorate degree;
“institute” means an institute established under section
20A created solely for the purpose of conducting
research;
“legally disqualified” means the absence of legal
capacity as provided in section 4 of the Mental
Health Act, 2019;
“principal” means the head of a college, technical
university college, university college and
constituent college;
“technical university college” means a higher
education institution which does not have full
university status and does not provide
postgraduate education and provides
programmes leading to award of certificates,
diplomas and bachelor’s degrees in a range of
practical and technical subjects;
“technical university” means a higher education
institution providing learning programmes leading
to award of a certificate, diploma, bachelor’s
degree and post graduate qualifications and
conducts research and development in various
technical subjects;
“university” means a higher education institution
which provides learning programmes leading to
award of certificates, diploma, bachelor’s
degrees and post graduate qualifications and
conducts research and development in various
academic disciplines; and
“university college” means a college or institution
registered or declared by statutory order as a
higher education institution does not have full
university status and does not provide
postgraduate education, that provides tertiary
education leading to award of a certificate,
diploma and bachelor’s degree in various
academic disciplines.

graduate education, that provides tertiary
education leading to award of a certificate,
diploma and bachelor’s degree in various
academic disciplines.

Act No. 6 of
2019

Act No. 6 of
2019

3. The principal Act is amended by the repeal of section 3 and
the substitution therefor of the following:
3. This Act does not apply to colleges registered under the
Technical Education, Vocational and Entrepreneurship
Training Act, 1998. 4. Section 6 of the principal Act is amended in subsection (1)
(a) by the deletion of paragraph (h) and the substitution therefor
of the following:
(h) in consultation with relevant professional
institutions set standards for higher education
institutions;;
(b under paragraph (i), by the insertion of the following new
subparagraph immediately after subparagraph (v):
(vi) classification of higher education institutions;;
(c) by the deletion of paragraphs (j), (k), (1) and (m) and the
substitution therefor of the following:
(j) promote cooperation among higher education
institutions at national, regional and international
level and facilitate their linkages with industry;
and
(k) create a database of students studying in higher
education institutions;; and
(d) by the re-numbering of paragraph (n) as paragraph (l). 5. The principal Act is amended by the repeal of section 7 and
the substitution therefor of the following:
7.

ering of paragraph (n) as paragraph (l). 5. The principal Act is amended by the repeal of section 7 and
the substitution therefor of the following:
7.

(1) There is constituted a Board of the Authority which
consists of the following part-time members appointed by the
Minister:
(a) one representative each of the ministries responsible
for—
(i) higher education; and
(ii) labour;
(b) a representative of the Attorney-General;
(c) a representative of the Zambia Association of Chambers
of Commerce and Industry;
(d) a representative of the Examinations Council of Zambia;
(e) a representative of the Zambia Institute of Human
Resource Management;
(f) a representative of the Technical Education, Vocational
and Entrepreneurship Training Authority;
Application
Act No. 13 of
1998
Amendment
of
section 6
Repeal and
replacement
of section 3
Repeal and
replacement
of section 7
Board of
Authority
216 No. 23 of 2021] Higher Education (Amendment)

section 6
Repeal and
replacement
of section 3
Repeal and
replacement
of section 7
Board of
Authority
216 No. 23 of 2021] Higher Education (Amendment)

(g) a representative of a civil society organisation working
in the education sector;
(h) a person with knowledge and experience in matters
relating to higher education; and
(i) the Director-General, as an ex- officio. (2) A person shall not be appointed as a member of the
Board if that person—
(a) is adjudged bankrupt;
(b) is legally disqualified;
(c) is not a citizen; or
(d) is convicted of an offence under this Act or any written
law and is sentenced to imprisonment for a period
exceeding six months without the option of a fine within
a period of five years preceding the appointment. (3) The Minister shall appoint the Chairperson from among
the members of the Board, except a member under subsection
(1)(a) and (b). (4) The members shall elect the Vice-Chairperson of the Board
from among themselves. (5) The ministries, institutions or organisations referred to in
subsection (1) (a), (b), (c), (d), (e), (f) and (g) shall nominate their
representatives for appointment by the Minister. (6) A member shall, hold office for a term of three years and
may be re-appointed for a further term of three years. (7) A member may resign on giving one month’s notice, in
writing, to the Minister.

ee years and
may be re-appointed for a further term of three years. (7) A member may resign on giving one month’s notice, in
writing, to the Minister.

(8) The office of a member becomes vacant if that member—
(a) is absent, without reasonable excuse, from three
consecutive meetings of the Board of which that member
had notice;
(b) is adjudged bankrupt;
(c) is convicted of an offence under this Act or any other
written law and is sentenced to imprisonment for a period
exceeding six months without the option of a fine;
(d) is convicted of an offence involving fraud or dishonesty;
(e) is legally disqualified from performing the functions of a
member; or
(f) dies. Higher Education (Amendment) [No. 23 of 2021 217

ud or dishonesty;
(e) is legally disqualified from performing the functions of a
member; or
(f) dies. Higher Education (Amendment) [No. 23 of 2021 217

(9) The First Schedule applies to the Board. 6. The principal Act is amended by the repeal of section 11
and the substitution therefor of the following:
11. (1) Higher education institutions shall consist of the
following:
(a) a college;
(b) a university college;
(c) a university;
(d) a technical university college;
(e) a technical university;
(f) an institute;
(g) an institution established by any other written law;
and
(h) an institution for the specialised training of
professionals in a specified field. (2) A higher education institution intending to offer a certificate,
diploma or degree training programme shall obtain accreditation of
the learning programme from the Authority. (3) A higher education institution may be either public or private. 7. Section 12 of the principal Act is amended in subsection
(1) by the —
(a) insertion of the words “other than an institute” after the
word “institution”; and
(b) deletion of paragraph (e) and the substitution therefor of
the following:
(e) conduct research necessary and responsive to
national, regional and international requirements. 8.

and the substitution therefor of
the following:
(e) conduct research necessary and responsive to
national, regional and international requirements. 8.

Section 14 of the principal Act is amended—
(a) in subsection (1), by the insertion of the words
“in consultation with the Authority”
immediately after the words “the Minister
may”;
(b) by the insertion of the following new subsection
immediately after subsection (1):
(2) A public higher education institution
established or declared under subsection (1) shall
comply with the standards set by the Authority for
higher education institutions and be subject to periodic
audits.; and
Repeal and
replacement
of section 11
Types of
higher
education
institutions
Amendment
of section 12
Amendment
of section 14
218 No. 23 of 2021] Higher Education (Amendment)

of section 11
Types of
higher
education
institutions
Amendment
of section 12
Amendment
of section 14
218 No. 23 of 2021] Higher Education (Amendment)

(c)by the re-numbering of subsections (2) and (3)
as subsections (3) and (4), respectively. 9. Section 17(1) of the principal Act is amended—
(a) by the deletion of paragraph (a) and the substitution therefor
of the following:
(a) the proposed level of education or learning
programme which it intends to offer;
(b) in paragraphs (d), by the deletion of the word “course”
and the substitution therefor of the words “learning
programme”; and
(c) in paragraph (e), by the deletion of the word “course” and
the substitution therefor of the words “learning
programme”. 10. Section 19 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) A person who intends to operate a private higher
education institution, other than an institute, shall apply to the
Authority for registration of the private higher education
institution in the prescribed manner and form on payment of
the prescribed fee. 11. The principal Act is amended by the repeal of section 20
and the substitution therefor of the following:
20.

orm on payment of
the prescribed fee. 11. The principal Act is amended by the repeal of section 20
and the substitution therefor of the following:
20.

(1) Subject to subsections (2) and (3), the Authority
shall approve an application for registration of a private higher
education institution, except that of an institute, if—
(a) the name of the private higher education institution
in respect of which the application is made does
not so resemble the name of another higher
education institution as to mislead the public to
believe that the private higher education institution,
in respect of which the application is made, that
other private higher education institution or that
the private higher education institution is funded
by Government;
(b) the premises of the private higher education institution
and any hostel or other facilities provided or to be
provided at the private higher education institution
are suitable, adequate and meet the prescribed
standards relating to number, age, gender and
accessibility;
Amendment
of section
17
Amendment
of section 19
Repeal and
replacement
of section 20
Criteria for
registration
of private
higher
education
institution
Higher Education (Amendment) [No. 23 of 2021 219

epeal and
replacement
of section 20
Criteria for
registration
of private
higher
education
institution
Higher Education (Amendment) [No. 23 of 2021 219

(c) the establishment of the private higher education
institution is consistent with the needs of learners
and the subsisting national higher education policy;
(d) the private higher education institution has an
approved operational plan approved by the
governing body;
(e) the private higher education institution fulfils the
prescribed minimum requirements of health and
safety and complies with the Urban and Regional
Planning Act, 2015, or any other relevant written
law;
(f) adequate financial provision is made or guaranteed
for the proper maintenance of the private higher
education institution for a reasonable period;
(g) the teaching staff to be employed at the private higher
education institution are qualified for the purpose
of efficient provision of quality higher education;
(h) the learning programmes to be provided at the private
higher education institution are accredited by the
Authority; and
(i) the facilities to be used at the private higher education
institution allow satisfactory tuition in the learning
programmes to be offered at the private higher
education institution.

private higher education
institution allow satisfactory tuition in the learning
programmes to be offered at the private higher
education institution.

(2) Despite subsection (1), a person who intends to
operate a private higher education institution as a college,
technical university or university college shall apply to the
Authority in the prescribed manner and form on payment of
the prescribed fee. (3) The Authority shall approve an application under
subsection (2) where a college, technical university college
or university college meets the prescribed standards. (4) Subject to section 19, a higher education institution
may apply for registration as a technical university or university
if that institution has been operating for a period of not less
than five years prior to the application for registration. (5) The Authority shall assess a private higher education
institution which is registered as a university or technical
university in order to determine whether the private higher
education institution should continue to operate as a university
or technical university. Act No. 3
of 2015
220 No. 23 of 2021] Higher Education (Amendment)

ion institution should continue to operate as a university
or technical university. Act No. 3
of 2015
220 No. 23 of 2021] Higher Education (Amendment)

(6) The Authority may, where a private higher education
institution fails to meet the standards of operating as a
university or technical university, relegate that private higher
education institution to a university college or technical
university college. 12. The principal Act is amended by the insertion of the
following new sections immediately after section 20:
20A. The Minister may, in consultation with theAuthority,
by statutory instrument, establish or declare an educational
institution as a public institute. 20B. (1) A person who intends to establish a private
institute shall apply to theAuthority for registration as a private
institute in the prescribed manner and form on payment of
the prescribed fee. (2) The Authority may, within ninety days of the receipt of an
application under subsection (1), approve or reject the application. (3) The Authority shall, where it rejects the application, inform
the applicant, in writing, giving reasons for the rejection. (4) The Minister shall, on the recommendation of theAuthority,
prescribe the criteria for registration of a private institute. 20C.

for the rejection. (4) The Minister shall, on the recommendation of theAuthority,
prescribe the criteria for registration of a private institute. 20C.

(1) The functions of an institute are to—
(a) conduct research on specific topics required
and responsive to national, regional and
international requirements;
(b) provide facilities appropriate for the pursuit
of research and for the acquisition of
higher education in specific topics;
(c) create conditions and an environment for
researchers to generate knowledge and
pursue excellence; and
(d) promote and strengthen the impacts of
research in the enhancement of social and
economic development. (2) An institute shall submit data on the research,
records of achievement and awards of researchers to
the Authority at intervals and in a manner that the
Authority may determine. Insertion of
sections
20A, 20B
and 20C
Establishment
of public
institute
Application
for registration
of private
educational
institute
Functions of
institute
Higher Education (Amendment) [No. 23 of 2021 221

public
institute
Application
for registration
of private
educational
institute
Functions of
institute
Higher Education (Amendment) [No. 23 of 2021 221

(3) An institute may—
(a) establish its own procedure of research
programmes in accordance with guidelines
set by the Authority;
(b) publish research findings;
(c) define its organisational structure and internal
working regulations;
(d) provide consultancy services;
(e) establish a framework for cooperation with
local and foreign institutes; and
(f) establish a framework for cooperation with
local and foreign higher education
institutions. 13. Section 22 of the principal Act is amended by the insertion
of the words “or institute” immediately after the word “institution”. 14. The principal Act is amended by the insertion of the
following new section immediately after section 22:
22A. (1) A higher education institution registered or declared
by statutory order under this Act shall be subjected to an annual
institutional audit by the Authority in the prescribed manner and
form on payment of the prescribed fee. (2) The Authority shall, where the Authority has reason to
believe that a higher education institution has mismanaged funds or
the academic processes, conduct an incidental institutional audit of
the higher education institution. 15.

ucation institution has mismanaged funds or
the academic processes, conduct an incidental institutional audit of
the higher education institution. 15.

The principal Act is amended by the repeal of section 23
and the substitution therefor of the following:
23. (1) The Authority shall de-register a private higher
education institution or institute if—
(a) any ground exists on which the Authority would have
rejected the application for registration;
(b) the private higher education institution or institute
contravenes any term or condition of the certificate
of registration or any provision of this Act;
(c) the private higher education institution or institute
is operated in a manner that is detrimental to the
physical, mental or moral welfare of the learners
at the private higher education institution or institute
is being managed in a manner that is detrimental
to the interest of peace, order or good
management;
Amendment
of section 22
Institutional
audit of
higher
education
institution
by
Authority
Repeal and
replacement
of section 23
Deregistration
of private
higher
education
institution or
institute
Insertion of
section 22A
222 No. 23 of 2021] Higher Education (Amendment)

ction 23
Deregistration
of private
higher
education
institution or
institute
Insertion of
section 22A
222 No. 23 of 2021] Higher Education (Amendment)

(d) the private higher education institution or institute
has ceased to operate or exist;
(e) the private higher education institution or institute is
closed for a period exceeding six months; or
(f) the private higher education institution or institute
changes its premises in a manner which the
Authority determines to be detrimental to the
prescribed quality assurance standards. (2) The Authority shall, before de-registering a private
higher education institution or institute under subsection (1)—
(a) by notice, in writing—
(i) inform the private higher education institution
or institute of the intention to de-register
it;
(ii) state the ground for the proposed de-
registration and request the private higher
education institution or institute to take
remedial measures that the Authority may
determine; and
(iii) state the date on which the de-registration
is proposed to be done;
(b) invite the private higher education institution or
institute to make written representations to the
Authority on the matter, within thirty days from
the date of the notice; and
(c) take into account the representations made by the
private higher education institution or institute under
paragraph (b).

e date of the notice; and
(c) take into account the representations made by the
private higher education institution or institute under
paragraph (b).

(3) The Authority shall order the closure of a private
higher education institution or institute where it fails to take
the remedial measures determined by the Authority under
subsection (2)(a) and that order shall be published in the
Gazette. (4) A private higher education institution or institute which
is de-registered under this section shall surrender the original
certificate of registration to the Authority within seven days
of the de-registration. (5) A person who contravenes subsection (4) or operates
a de-registered private higher education institution or institute
commits an offence and is liable, on conviction, to a fine not
exceeding three hundred thousand penalty units or to
imprisonment for a term not exceeding three years, or to both. Higher Education (Amendment) [No. 23 of 2021 223

e hundred thousand penalty units or to
imprisonment for a term not exceeding three years, or to both. Higher Education (Amendment) [No. 23 of 2021 223

(6) Despite any other provisions of this Act, where a
private higher education institution or institute is deregistered,
theAuthority may, in the national interest, direct that the private
higher education institution or institute be operated under the
management and control of a competent person, in this section
referred to as the “statutory manager”. (7) A statutory manager shall be appointed by the
Authority for a period and on terms and conditions that the
Authority may determine. (8) A statutory manager shall, during the term of
appointment, keep the Authority informed on matters relating
to the private higher education institution or institute under
the statutory manager’s management and control. (9) Any expenses connected with the appointment of a
statutory manager and the management of a private higher
education institution or institute by the statutory manager shall
be a charge on the revenues of a private higher education
institution or institute for which the statutory manager is
appointed. (10) The Authority may re-register a private higher
education institution or institute which is de-registered in the
prescribed manner and form on payment of a prescribed fee. 16.

ister a private higher
education institution or institute which is de-registered in the
prescribed manner and form on payment of a prescribed fee. 16.

The principal Act is amended by the insertion of the
following new Part immediately after Part IV:
PART IVA
ACCREDITATION OF LEARNING PROGRAMMES IN HIGHER EDUCATION
INSTITUTIONS
23A. Despite any other written law, the Authority
shall, in consultation with relevant professional institutions,
accredit learning programmes offered in a higher education
institution for the purpose of—
(a) setting and safeguarding the quality of learning
programmes;
(b) recognising learning programmes; and
(c) ensuring the continuous improvement of the quality
of learning programmes. Insertion of
Part IVA
Accreditation
of learning
programmes
in higher
education
institutions
224 No. 23 of 2021] Higher Education (Amendment)

ogrammes. Insertion of
Part IVA
Accreditation
of learning
programmes
in higher
education
institutions
224 No. 23 of 2021] Higher Education (Amendment)

Prohibition
of higher
education
institution
from offering
learning
programme
not
accredited
23B. (1) A higher education institution shall not offer
a learning programme which is not accredited. (2) A higher education institution which contravenes
subsection (1) commits an offence and is liable, on conviction, to a
fine not exceeding two hundred thousand penalty units or to
imprisonment for a term not exceeding two years, or to both. 23C. (1) A higher education institution that seeks to offer
a learning programme shall apply to the Authority for
accreditation of that learning programme in the prescribed
manner and form on payment of the prescribed fee. (2) The Authority shall, where an application meets the
requirements for accreditation, within ninety days of receipt of an
application under subsection (1), approve the application and notify
the applicant. (3) The Authority shall, where it rejects an application for
accreditation, notify the applicant, stating the reasons for the
rejection. 23D.

plicant. (3) The Authority shall, where it rejects an application for
accreditation, notify the applicant, stating the reasons for the
rejection. 23D.

The Authority shall accredit a learning programme
of a higher education institution if
(a) the aims and objectives of the learning programme
promote national, regional or international human
resource development;
(b) the curriculum as approved by the professional
institution is clearly defined and responds to the
demands of the labour market;
(c) the student enrolment in the learning programme is
clearly determined;
(d) the levels of qualifications conform to the national
qualifications framework provided under the
Zambia Qualifications Authority Act, 2011;
(e) the delivery and learning methods are adequate and
appropriate;
(f) there is evidence that the proposed learning
programme is acceptable to industry or any
relevant profession;
(g) the learning programme is relevant to the work place
and other stakeholder needs;
Application
for
Accreditation
Criteria for
accreditation
of learning
programmes
Act No. 13 of
2011
Higher Education (Amendment) [No. 23 of 2021 225

s;
Application
for
Accreditation
Criteria for
accreditation
of learning
programmes
Act No. 13 of
2011
Higher Education (Amendment) [No. 23 of 2021 225

(h) the higher education institution has regulations that
specify requirements for admission, credit transfer,
recognition of prior learning, length and structure
of the programme, integration of practical or
workbased components, and progression within a
learning programme;
(i) the higher education institution has clear and defined
assessment methods for learning programmes;
(j) the staff to be employed are adequate for the efficient
delivery of the learning programmes and possess
the necessary qualifications and experience in the
relevant field;
(k) there are sufficient facilities at the higher education
institution to enable it deliver the learning
programme;
(1) there are academic support services for the efficient
delivery of the learning programme;
(m) institutional management arrangements exist for the
purpose of internal quality assurance;
(n) a higher education institution has clear and defined
policies on external examiners; and
(o) adequate financial provision is made or guaranteed
for the efficient delivery of the learning
programmes. 23E.

policies on external examiners; and
(o) adequate financial provision is made or guaranteed
for the efficient delivery of the learning
programmes. 23E.

(1) The Authority shall, where it accredits a
learning programme under this Act, issue the applicant with a
certificate of accreditation in the prescribed form, on terms
and conditions that the Authority may determine. (2) The period of validity of the certificate of accreditation
shall be determined by the Authority. 23F. (1) A higher education institution that seeks to vary
an accredited learning programme shall apply to the Authority
in the prescribed manner and form on payment of the
prescribed fee. (2) The Authority shall, where the proposed variation
meets the standards set out by the Authority for variation of
an accredited programme, approve the application within
ninety days of receipt of the application under subsection (1). Certificate of
accreditation
Variation of
accredited
programme
226 No. 23 of 2021] Higher Education (Amendment)

the application under subsection (1). Certificate of
accreditation
Variation of
accredited
programme
226 No. 23 of 2021] Higher Education (Amendment)

Suspension
and
revocation of
accreditation
of learning
programme
23G. (1) The Authority may suspend or revoke a
certificate of accreditation if the holder of that certificate of
accreditation—
(a) obtained the certificate on the basis of fraud,
negligence or misrepresentation;
(b) assigns, cedes or otherwise transfers the certificate
without the prior approval of the Authority;
(c) fails to comply with any term or condition of the
certificate; or
(d) operates the registered higher education institution
in contravention of this Act or any other relevant
written law. (2) The Authority shall, before suspending or revoking a
certificate of accreditation under subsection (1), notify the
holder of the certificate of its intention to suspend or revoke
the certificate, giving reasons for its decisions and requesting
the holder of the certificate to show cause within a reasonable
period that may be specified in the notice, why the certificate
should not be suspended or revoked.

the certificate to show cause within a reasonable
period that may be specified in the notice, why the certificate
should not be suspended or revoked.

(3) The Authority shall, where a holder of a certificate
of accreditation fails to correct the contravention within the
period specified under subsection (2), suspend or revoke the
certificate as it considers appropriate in the circumstances
of the case. (4) Where a certificate of accreditation is revoked under
this section, the holder of the certificate of accreditation shall
surrender the certificate to the Authority and the Authority
shall cancel the certificate of accreditation, subject to
conditions that it may impose with respect to the learning
programme. (5) The Authority shall, where it revokes the
accreditation of a learning programme, publish a notice of
the revocation in the Gazette and a daily newspaper of
general circulation in the Republic. (6) The Authority may, in addition to a suspension or
revocation of a certificate of accreditation of a learning
programme, charge the holder of a certificate of accreditation
the cost of carrying out the enforcement action. 23H.

te of accreditation of a learning
programme, charge the holder of a certificate of accreditation
the cost of carrying out the enforcement action. 23H.

(1) A higher education institution may apply,
within three months before the expiry of the certificate of
accreditation, for the renewal of accreditation of a learning
programme to the Authority in the prescribed manner and
form, on payment of the prescribed fee. Renewal of
accreditation
Higher Education (Amendment) [No. 23 of 2021 227

thority in the prescribed manner and
form, on payment of the prescribed fee. Renewal of
accreditation
Higher Education (Amendment) [No. 23 of 2021 227

(2) TheAuthority shall, where a higher education institution
complies with the terms and conditions of accreditation, renew
the accreditation of a learning programme. 23I. A higher education institution shall display, in a
conspicuous place of the relevant department of the learning
programme, the certificate of accreditation of a learning
programme or a certified copy of the learning programme. 23J. The Authority shall, within the first quarter of each
financial year, publish in the Gazette and a daily newspaper
of general circulation in the Republic, a learning programme
accredited in each higher education institution. 17. Section 24 of the principal Act is amended by the
deletion of subsection (3) and the substitution therefor of the
following:
(3) The proprietor of a private higher education institution
shall appoint the following members of the Council:
(a) a representative of the shareholders of the higher
education institution;
(b) a member of the academic staff of the higher
education institution;
(c) a legal practitioner;
(d) an accountant;
(e) two other persons; and
(f) the Vice-Chancellor, as an ex-officio member.

igher
education institution;
(c) a legal practitioner;
(d) an accountant;
(e) two other persons; and
(f) the Vice-Chancellor, as an ex-officio member.

(4) The members of the Council shall elect the Chairperson
and Vice-Chairperson from among themselves. (5) A Council of a private higher education institution shall
regulate its own procedure. 18. Section 28 of the principal Act is amended by the insertion
of the words “other than a college,” immediately after the word
“institution”. 19. Section 29 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) A higher education institution, other than an institute,
shall develop and adopt statutes to govern its administration
which shall include—
(a) the governance structure;
(b) the functions of the Council;
(c) the functions of the Senate or academic board;
(d) constituent colleges, schools, directorates and
institutions;
Display of
certificate of
accreditation
Publication
of accredited
learning
programmes
Amendment
of
section 24
Amendment
of
section 28
Amendment
of
section 29
228 No. 23 of 2021] Higher Education (Amendment)

ccredited
learning
programmes
Amendment
of
section 24
Amendment
of
section 28
Amendment
of
section 29
228 No. 23 of 2021] Higher Education (Amendment)

(e) the functions of the chancellor and staff ;
(f) student entrance requirements and policies;
(g) qualifications;
(h) research, publication and consultancy policies;
(i) financial management;
(j) human resource management; and
(k) resolution of disputes or disciplinary procedures. 20. Section 30 (1) of the principal Act is amended by the
deletion of paragraph (a) and the substitution therefor of the
following:
(a) confer qualifications as may be specified in its statutes;. 21. Section 32 of the principal Act is amended by the deletion
of subsection (2) and the substitution therefor of the following:
(2) The Minister shall, during the period when the Council
is dissolved under subsection (1), appoint a caretaker
committee to exercise the functions of the Council for a period
of six months or a further period not exceeding six months
that the Minister may, in consultation with the Authority,
determine. 22.

ncil for a period
of six months or a further period not exceeding six months
that the Minister may, in consultation with the Authority,
determine. 22.

Section 36 of the principal Act is amended—
(a) in subsection (2)—
(i) under paragraph (b), by the deletion of the words
“degree courses” and the substitution therefor
of the words “certificate, diploma, degree, post
graduate qualifications and other awards”;
(ii) by the deletion of paragraph (c) and the substitution
therefor of the following:
(c) regulate and determine the requirements
for the admission of a person to a higher
education institution and a learning
programme in the institution and the
person’s continuance in that learning
programme; and
(iii) under paragraph (f), by the insertion of the words
“certificates, diplomas and” between the words
“award” and “degrees”;
(b) in subsection (3), by the deletion of the words “any
degree or other award” and the substitution
therefor of the words “a qualification”. Amendment
of
section 30
Amendment
of
section 32
Amendment
of
section 36
Higher Education (Amendment) [No. 23 of 2021 229

the words “a qualification”. Amendment
of
section 30
Amendment
of
section 32
Amendment
of
section 36
Higher Education (Amendment) [No. 23 of 2021 229

23. Section 37(2)(a) of the principal Act is amended by the
insertion of the word “academic” before the word “decision”. 24. Section 38 (1)(a) of the principal Act is amended by the
insertion of the word “school,” immediately after the words
“establish any”. 25. (1) The principal Act is amended by the insertion of the
following new section immediately after section 38:
38A. (1) The Authority may, on the recommendation
of the Council of a private higher education institution, approve
the establishment of a school, college or educational institution
as a constituent college of a private higher education
institution. (2) The Council of a private higher education institution
shall, where the Authority approves the establishment of a school,
college or an educational institution as a constituent college of the
private higher education institution—
(a) appoint a Principal for the constituent college; and
(b) appoint the members of the academic and administrative
staff and other employees of the constituent college. 26. The principal Act is amended by the insertion of the
following new sections immediately after section 39:
39A.

ployees of the constituent college. 26. The principal Act is amended by the insertion of the
following new sections immediately after section 39:
39A.

(1) A private higher education institution that
intends to affiliate a college or another private higher education
institution shall apply to theAuthority in the prescribed manner
and form on payment of the prescribed fee. (2) This section does not apply to a public higher education
institution which intends to affiliate to a public college or a
public higher education institution. 39B. (1) The Authority may, on the recommendation of
the Senate of a private higher education institution, approve
the application to affiliate to a college or other private higher
education institution, within or outside the Republic, to the
private higher education institution subject to an affiliation
agreement with that private higher education institution.

outside the Republic, to the
private higher education institution subject to an affiliation
agreement with that private higher education institution.

(2) Where a college or other private higher education
institution is affiliated to a private higher education institution
under subsection (1) —
(a) the Senate of a private higher education institution
to which it is affiliated shall appoint two
representatives of the private higher education
institution on the academic decision-making body
of the affiliated institution;
Amendment
of
section 37
Amendment
of
section 38
Insertion of
section 38A
Establishment
of
constituent
college of
private
higher
education
institution
Insertion of
sections
39A, 39B
and 39C
Application
for
affiliation to
private higher
education
institution
Approval of
affiliation to
private
higher
education
institution
230 No. 23 of 2021] Higher Education (Amendment)

private higher
education
institution
Approval of
affiliation to
private
higher
education
institution
230 No. 23 of 2021] Higher Education (Amendment)

(b) the affiliated institution shall appoint a representative
on the board of studies of the most closely related
school of the private higher education institution;
(c) the Senate of the private higher education institution
shall, after receiving a report from the relevant
school, approve the entry requirements, syllabi and
the academic regulations of the affiliated institution
in those areas of study for which the private higher
education institution is providing certification;
(d) the Senate of the private higher education institution
shall be consulted on the qualifications of the
members of staff appointed at the affiliated
institution to teach in the areas of study for which
the private higher education institution provides
certification;
(e) the Senate of the private higher education institution
shall moderate examination papers and
examination scripts of the affiliated institution;
(f) the qualifications of the affiliated institution for which
certification is granted by the private higher
education institution shall be joint academic awards
of the private higher education institution and the
affiliated institution and be awarded at a special
ceremony to be held at the affiliated institution with
the participation of representatives of the private
higher education institution;
(g) qualifications certified by the private higher education
institution shall be signed by the Vice-Chancellor
or Registrar of both the private higher education
institution and the affiliated institution; and
(h) the private higher education institution may determine
whether, and at what entry level, students from
the affiliated institution shall be admitted for further
studies at the private higher education institution.

, and at what entry level, students from
the affiliated institution shall be admitted for further
studies at the private higher education institution.

(3) An affiliated institution may establish special relationships
with the private higher education institution it is affiliated to,
particularly in the fields of staff and student exchange, priority
admission for postgraduate work, joint financing and research
projects. Higher Education (Amendment) [No. 23 of 2021 231

nd student exchange, priority
admission for postgraduate work, joint financing and research
projects. Higher Education (Amendment) [No. 23 of 2021 231

39C. An affiliated college or other private higher
education institution shall not offer any type of education not
falling within the level in which that college or other private
higher education institution is registered or established. 27. The principal Act is amended by the repeal of section 41
and the substitution therefor of the following:
41. (1) The Authority may close a private higher
education institution for a specified period on the grounds of
health or public disorder. (2) A private higher education institution that intends to
permanently close shall apply to the Authority for approval to
close at least ninety days before the proposed date of closure
of that higher education institution. (3) The Authority shall approve the permanent closure of
a private higher education institution on being satisfied with
the arrangements of the Council of the institution relating to
the closure of the private higher education institution. 28. The principal Act is amended by the repeal of section 46
and the substitution therefor of the following:
46. (1) A person aggrieved with a decision of the
Authority shall, within thirty days of the decision, appeal to
the Minister.

refor of the following:
46. (1) A person aggrieved with a decision of the
Authority shall, within thirty days of the decision, appeal to
the Minister.

(2) A person aggrieved with the decision of the Minister
shall appeal to the High Court. 29. Section 52(2) of the principal Act is amended—
(a) by the insertion of the following new paragraph immediately
after paragraph (f):
(g) the classification of higher education institutions;
and
(b) by the renumbering of paragraph (g) as paragraph (h). 30. The First Schedule to the principal Act is amended—
(a) by the insertion of the following new paragraph
immediately after paragraph 1:
1A. Subject to this Act, a member of the Board
shall hold office for a period of three years, and shall
be eligible for re-appointment for a further and final
period of three years.;
Prohibition
against
offering
education
outside level
of
affiliated
institution
Repeal and
replacement of
section 41
Closure of
higher
education
institution
Repeal and
replacement
of
section 46
Appeals
Amendment
of
section 52
Amendment
of First
Schedule
Tenure of
office
232 No. 23 of 2021] Higher Education (Amendment)

eplacement
of
section 46
Appeals
Amendment
of
section 52
Amendment
of First
Schedule
Tenure of
office
232 No. 23 of 2021] Higher Education (Amendment)

(b) in paragraph 9—
(i) under subparagraph (2), by the insertion of the
words “after the end” immediately after the
word “days”; and
(ii) under subparagraph (3),by the deletion of the
words “statement of affairs or balance sheet”
and the substitution therefor of the words
“statements of financial affairs of the
Authority”;
(c) in paragraph 10, by the deletion of subparagraph (2) and
the substitution therefor of the following:
(2) The report referred to in subparagraph (1)
shall include information on the financial affairs of
the Authority and there shall be appended to the
report—
(a) an audited statement of financial position;
(b) an audited statement of comprehensive
income; and
(c) other information that the Minister may
require. 31. The Second Schedule to the principal Act is amended by
the deletion of paragraph 1 and the substitution therefor of the
following:
1.

may
require. 31. The Second Schedule to the principal Act is amended by
the deletion of paragraph 1 and the substitution therefor of the
following:
1.

(1) A Council consists of the following part-time
members appointed by the Minister:
(a) a member of the academic staff of the higher
education institution who is a member of the
Senate and nominated by the Senate;
(b) a representative of the Law Association of Zambia;
(c) one member who is associated with another higher
education institution within the Republic;
(d) a member who is a graduate of the higher education
institution and who is not a member of staff of that
higher education institution;
(e) a member from the private sector;
(f) a representative each from the Ministries responsible
for higher education and finance;
(g) an accountant with at least five years experience;
and
(h) the Vice-Chancellor, as an ex-officio member. Amendment
of
Second
Schedule
Composition
of Council
Higher Education (Amendment) [No. 23 of 2021 233

(h) the Vice-Chancellor, as an ex-officio member. Amendment
of
Second
Schedule
Composition
of Council
Higher Education (Amendment) [No. 23 of 2021 233

(2) A Council may carry out its functions despite any
vacancy in its membership. (3) The members of the Council shall elect the
Chairperson and Vice-Chairperson of the Council from among
themselves, except that the Chairperson shall not be elected
from among the members who are officers in another higher
education institution or is a public officer. (4) The Chairperson and the Vice-Chairperson of a
Council shall hold office for a term of three years and shall
be eligible for re-election for a further term of three years. (5) The Registrar of the higher education institution shall
be the Secretary of the Council. 32. The Third Schedule to the principal Act is amended—
(a) by the deletion of paragraph 1 and the substitution therefor
of the following:
1. (1) There shall be three categories of
staff of a higher education institution designated
“academic staff”, “administrative staff” and “ other
staff”.

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

(2) The academic staff of a university consists
of —
(a) the Vice-Chancellor;
(b) the Deputy Vice-Chancellor in charge of
academic affairs;
(c) the Deputy Vice-Chancellor in charge of
research and innovation;
(d) principal of constituent college;
(e) the Deans of Schools;
(f) the Directors of institutes, bureaux and
other similar bodies;
(g) members of staff engaged in teaching,
research and skills development;
(h) the chief librarian; and
(i) other persons that the Council may
designate. (3) The academic staff of a technical university
college and a university college consists of—
(a) the Principal;
(b) the Vice-Principal;
Amendment
of Third
Schedule
Staff
234 No. 23 of 2021] Higher Education (Amendment)

ity college consists of—
(a) the Principal;
(b) the Vice-Principal;
Amendment
of Third
Schedule
Staff
234 No. 23 of 2021] Higher Education (Amendment)

(c) the Deans of Schools;
(d) the Directors of institutes, bureaux and
other similar bodies;
(e) members of staff engaged in teaching
and research;
(f) the Chief Librarian; and
(g) other persons as the Council may
designate. (4) The administrative staff shall consist of
persons employed by a higher education institution,
other than the academic staff, who hold administrative,
professional or technical posts designated by the
Council as senior posts. (5) The other staff shall consist of persons
employed by a higher education institution who are
not members of the academic staff or of the
administrative staff.;
(b) by the deletion of paragraph 6 and the substitution therefor
of the following:
6. (1) Subject to subsection (6), there shall
be at least two Deputy Vice-
Chancellors responsible for academic affairs
and research and innovation, respectively, for a higher
education institution. (2) Subparagraph (1) does not apply to a
university college or technical university college. (3) The functions of a Deputy Vice-
Chancellor shall be as prescribed in the statutes of a
higher education institute.

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

(4) A Deputy Vice-Chancellor shall act in
the place of the Vice-Chancellor when the office of
Vice-Chancellor is vacant or the Vice-Chancellor is
for any reason absent or otherwise unable to perform
the functions of the Vice-Chancellor. (5) A person appointed to hold the office
of Deputy Vice-Chancellor of a public higher
education institution shall hold office, on the terms
and conditions specified in that persons letter of
appointment, for a period of four years but shall be
eligible for re-appointment for a further and final term
of four years.;
Deputy
Vice-
Chancellor
Higher Education (Amendment) [No. 23 of 2021 235

l be
eligible for re-appointment for a further and final term
of four years.;
Deputy
Vice-
Chancellor
Higher Education (Amendment) [No. 23 of 2021 235

(c) in paragraph 8, by the deletion of subparagraph (2) and
the substitution therefor of the following:
(2) The Council shall a appoint a Chairperson of the ad hoc
Joint Committee constituted under subparagraph (1).;
(d) by the deletion of paragraph 9, and substitution therefor
of the following:
9. There shall be a Registrar
for a higher education institution
appointed by the Council, on terms
and conditions that the Council may
determine, and who, under the
direction of the Vice-Chancellor,
shall be responsible for legal services,
public relations, employee relations,
corporate governance and corporate
secretarial services relating to the
meetings of the Council and
committees of the Council.;
(e) in paragraph 11, by the deletion of the word “Bursar”
and the substitution therefor of the words “Chief
Financial Officer”;
(f) by the insertion of the following new paragraph immediately
after paragraph 12:
12A.

substitution therefor of the words “Chief
Financial Officer”;
(f) by the insertion of the following new paragraph immediately
after paragraph 12:
12A.

The Council shall appoint a Chief
Internal Auditor, on terms and conditions
that the Council may determine, in
accordance with the Public Finance
Management Act, 2018.;
(g) in paragraph 17—
(i) under subparagraph (1)—
(A) by the deletion of paragraph (b) and the substitution
therefor of the following:
(b) the Deputy Vice-Chancellor in charge of academic affairs;
(c) the Deputy Vice-Chancellor in charge of research and
innovation;
(d) the Principal of a constituent college;
(B) by the renumbering of subparagraphs (c),(d),(e), (f),
(g), (h), (i) and (j) as subparagraphs (e), (f), (g), (h),
(i), (j) (k) and (l); and
Registrar
Chief Internal
Auditor
Act No. 1 of
2018
236 No. 23 of 2021] Higher Education (Amendment)

aphs (e), (f), (g), (h),
(i), (j) (k) and (l); and
Registrar
Chief Internal
Auditor
Act No. 1 of
2018
236 No. 23 of 2021] Higher Education (Amendment)

(ii) by the deletion of subparagraph (4) and the substitution
therefor of the following:
(4) The Deputy Vice-Chancellor in charge of academic affairs
shall be the Secretary to the Senate.;
(h) by the insertion of the following new paragraph
immediately after paragraph 17:
17A. (1) A Senate of a technical
university college and a university college, consists
of —
(a) the Principal;
(b) the Vice-Principal;
(c) Deans and Directors of schools and
faculties;
(d) the Chief Librarian;
(e) not more than ten members of
academic staff of the technical
university college or university college
from each academic unit elected by the
academic staff in accordance with the
election procedures that academic staff
may determine;
(f) two students of the technical university
college or university college elected by
the student of the higher education
institution in accordance with election
procedures that students’ union or
organisation may determine; and
(g) not more than three persons appointed
by the Principal representing industry. (2) The Principal shall be the chairperson of
the Senate of the technical university college or
university college.

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

(3) There shall preside at a meeting of
Senate of the technical university college or university
college—
(a) the Principal;
(b) in the absence of the Principal, the Vice-
Principal; and
(c) in the absence of both the Principal and
the Vice-Principal, a member whom
the members present may elect from
Senate of
technical
university
college and
university
college
Higher Education (Amendment) [No. 23 of 2021 237

whom
the members present may elect from
Senate of
technical
university
college and
university
college
Higher Education (Amendment) [No. 23 of 2021 237

Code of
conduct
and
grievance
procedure
Insertion of
Part IIIA in
Third
Schedule
Qualifications
for research
and teaching
staff
among themselves for the purpose of
that meeting. (4) A person in charge of academic affairs
at the technical university college or university college
shall be the secretary of the Senate.;
(i) in paragraph 22—
(i) by the deletion of subparagraph (2)(b) and the
substitution therefor of the following:
(b) two persons from non-academic
members of staff appointed by the
Chairperson of the Council; and
(ii) by the deletion of subparagraph (7) and the
substitution therefor of the following:
(7) The Council may implement
the recommendations of the
Disciplinary Committee. (8) A person aggrieved by the
decision of the Council may appeal to
the High Court.; and
(j) by the deletion of paragraph 23 and the substitution
therefor of the following:
23. A higher education institution
shall develop a Code of Conduct and
Grievance Procedure which shall
bind its members of staff.; and
(l) in paragraph 27(1), by insertion of the words “or
organisation” immediately after the word “union”,
wherever it appears. 33.

embers of staff.; and
(l) in paragraph 27(1), by insertion of the words “or
organisation” immediately after the word “union”,
wherever it appears. 33.

The principal Act is amended in the Third Schedule by
the insertion of the following new Part immediately after Part III. PART IIIA
RESEARCH AND TEACHING STAFF
25A. (1) Staff teaching in a diploma program shall have
a minimum qualification of a bachelor’s degree in the
respective field of specialisation with relevant pedagogical
training. (2) Staff teaching in a bachelor’s degree program shall
have a minimum qualification of a masters degree in the
respective field of specialisation with relevant pedagogical
training. 238 No. 23 of 2021] Higher Education (Amendment)

ion of a masters degree in the
respective field of specialisation with relevant pedagogical
training. 238 No. 23 of 2021] Higher Education (Amendment)

(3) Staff teaching in postgraduate degree programs shall
have a minimum qualification of a doctorate degree in the
respective field of specialisation with relevant pedagogical
training or any other qualifications that may be prescribed by
statutory instrument.
(4) Staff engaged in research shall have a minimum
qualification of a bachelor’s degree in the respective field.
34. The principal Act is amended by the deletion of the words
“Bursar”, “Librarian” and “Tribunal” wherever the words appear
and the substitution therefor of the words “Chief Financial Officer”,
“Chief Librarian” and “Disciplinary Committee”, respectively.
General
amendment
Higher Education (Amendment) [No. 23 of 2021 239

240