The Social Workers' Association of Zambia Act, 2022

Social Workers’Association of Zambia [No. 4 of 2022 101
THE SOCIAL WORKERS’ ASSOCIATION
OF ZAMBIA ACT, 2022
ARRANGEMENTS OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short Title and commencement
2. Interpretation
PART II
THE SOCIAL WORKERS’ ASSOCIATION OF ZAMBIA
3. Establishment of Social Workers’ Association of Zambia
4. Functions of Association
5. Constitution of Association
6. President and Vice-President of Association
7. Meetings of Association
PART III
THE COUNCIL OF THE ASSOCIATION
8. Council of Association
9. Functions of Council
10. Registrar, Deputy Registrar and other staff
11. Inspectors
PART IV
MEMBERSHIP, REGISTRATION AND PRACTISING CERTIFICATE
12. Classes of membership
13. Prohibition of person practising without registration
14. Application for registration as social worker
15. Registration of social worker
16. Disqualification from registration
17. Change in details
18. Suspension and cancellation of registration
19. Re-registration
20. Holding out as social worker
21. Prohibition of practice without practising certificate
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 28.00 each.

ithout practising certificate
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K 28.00 each.

102 No. 4 of 2022] Social Workers’Association of Zambia
22. Practising certificate
23. Display of practising certificate
24. Fees for social work services
25. Renewal of practising certificate
26. Suspension and cancellation of practising certificate
27. Prohibition of transfer of certificate of registration or practising certificate
28. Duplicate certificate of registration or practising certificate
29. Certificate of status
30. Register
31. Maintenance of non-practising social worker on register
32. Publication of copies of register
PART V
DISCIPLINE AND ETHICS
33. Code of ethics
34. Professional misconduct
35. Initiation of complaint
36. Disciplinary Committee
37. Functions of Disciplinary Committee
38. Proceedings of Disciplinary Committee
39. Powers of Disciplinary Committee
40. Inquiry into legal capacity of social worker
41. Reports by Disciplinary Committee
42. Rules relating to disciplinary proceedings
PART VI
GENERAL PROVISIONS
43. Appeals
44. Offences regarding registered social worker
45. Guidelines
46. Regulations
47. Savings and transitional provisions
SCHEDULES

ROVISIONS
43. Appeals
44. Offences regarding registered social worker
45. Guidelines
46. Regulations
47. Savings and transitional provisions
SCHEDULES

Social Workers’Association of Zambia [No. 4 of 2022 103
Enactment
Short title
and
commen-
cement
Inter-
pretation
An Act to continue the existence of the Social Workers’
Association of Zambia; provide for the registration of
social workers and regulate their professional conduct;
provide for disciplinary procedures for social workers
in the social work profession; and provide for matters
connected with, or incidental to, the foregoing. [12th April, 2022
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY AND PROVISIONS
1. This Act may be cited as the Social Workers’ Association
of Zambia Act, 2022, and shall come into operation on the date
appointed by the Minister by statutory instrument. 2.

s the Social Workers’ Association
of Zambia Act, 2022, and shall come into operation on the date
appointed by the Minister by statutory instrument. 2.

In this Act, unless the context otherwise requires—
“associate” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“Association” means the Social Workers’ Association of
Zambia continued under section 3;
“Association member”means a person registered as a
member of the Association in accordance with this Act
and the constitution, and “membership” shall be construed
accordingly;
“certificate of registration” means the certificate of
registration issued under section 14;
“Chairperson” means the person appointed as Chairperson
of the Disciplinary Committee under section 36;
“code of ethics” means the code of professional conduct
adopted and published by the Association for the purposes
of this Act;
“constitution” means the constitution of the Association;
“Council” means the Council of the Association constituted
under section 8;
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 4 of 2022
Date of Assent: 12th April, 2022

the Council of the Association constituted
under section 8;
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No. 4 of 2022
Date of Assent: 12th April, 2022

104 No.

104 No.

4 of 2022] Social Workers’Association of Zambia
“council member” means a person elected as a council
member in accordance with section 8;
“Deputy Registrar” means the person appointed as Deputy
Registrar under section 10;
“Disciplinary Committee” means the Disciplinary Committee
constituted under section 36;
“field of speciality” includes clinical social work, medical and
prison social work, mental health and disability social work,
therapy and counseling social work, group and family social
work, community development social work, social work
research and social work administration;
“higher education institution” has the meaning assigned to
the words in the Higher Education Act, 2013;
“Law Association of Zambia” means the Law Association of
Zambia established by the Law Association of Zambia Act;
‘‘legal practitioner’’ has the meaning assigned to the word
‘‘practitioner’’ in the Legal Practitioners Act;
“legally disqualified” means the absence of legal capacity as
provided in section 4 of the Mental Health Act, 2019;
“mental health practitioner”has the meaning assigned to the
words in the Mental Health Act, 2019;
“practising certificate” means a certificate issued under
section 22;
“President” means the person elected as President of the
Association under section 6;
“professional misconduct” means the conduct referred to
under section 34;
“register” means the register prepared and maintained in
accordance with section 30;
“Registrar” means a person appointed as Registrar under
section 10;
“relative”has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
Act No.

rar” means a person appointed as Registrar under
section 10;
“relative”has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
Act No.

4 of
2013
Cap. 31
Cap. 30
Act No. 6 of
2019
Act No. 3 of
2012
Act No. 6 of
2019

4 of
2013
Cap. 31
Cap. 30
Act No. 6 of
2019
Act No. 3 of
2012
Act No. 6 of
2019

Social Workers’Association of Zambia [No 4 of 2022 105
Act No. 13 of
2011
Establishment
of Social
Workers’
Association
of Zambia
Functions of
Association
“social work” means the practice that seeks to enhance or
restore human well being through social case work, social
group work, community development, social administration
and social research;
“social worker” means a person who holds a minimum
qualification of a diploma in social work from a registered
higher education institution;
“Vice-Chairperson” means the person appointed as Vice-
Chairperson of the Disciplinary Committee under section
36;
“Vice-President” means the person elected as Vice-President
of the Association under section 6; and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011. PART II
THE SOCIAL WORKERS’ ASSOCIATION OF ZAMBIA
3. (1) The Social Workers’ Association of Zambia registered
under the Societies Act is continued as if established under this
Act.

SOCIATION OF ZAMBIA
3. (1) The Social Workers’ Association of Zambia registered
under the Societies Act is continued as if established under this
Act.

(2) The Association is a body corporate with perpetual
succession and a common seal, capable of suing and being sued in
its corporate name, and with power, subject to this Act, to do acts
and things that a body corporate may, by law, do or perform. (3) The First Schedule applies to the Association. 4. The functions of the Association are to—
(a) register social workers and regulate their professional
conduct;
(b) represent, coordinate and develop the social work
profession and promote its interests;
(c) recommend to the Zambia Qualifications Authority and
other relevant institutions the development and
maintenance of appropriate standards of qualification in
the social work profession;
(d) promote the integrity and enhance the status of the social
work profession;
(e) promote the implementation of international standards
relating to the social work profession;
Cap. 119

e the status of the social
work profession;
(e) promote the implementation of international standards
relating to the social work profession;
Cap. 119

106 No. 4 of 2022] Social Workers’Association of Zambia
(f) collaborate and participate in the activities of bodies
whose main purpose is the development and setting of
practice standards for the social work profession;
(g) undertake research in social work related issues;
(h) investigate allegations of professional misconduct by a
social worker;
(i) advise Government on matters relating to the social work
profession; and
(j) collaborate with higher education institutions,
Government departments and other institutions in
improving the quality of the social work profession. 5. (1) The Association shall, by a vote of at least two-thirds of
the Association members voting at a general meeting of the
Association, adopt a constitution and may, in a like manner, amend
it. (2) Subject to this Act, the constitution shall regulate the conduct
of the affairs of the Association.

stitution and may, in a like manner, amend
it. (2) Subject to this Act, the constitution shall regulate the conduct
of the affairs of the Association.

(3) Subject to subsection(1), the constitution may provide for
(a) the classes of membership and their rights, privileges
and obligations;
(b) the meetings of the Association, including the delivery
and sufficiency of notices of the meetings, quorum, voting,
adjournment and other matters of procedure or conduct
of the meetings;
(c) the election, qualifications and tenure of office of the
President, Vice-President and other office bearers of
the Association;
(d) composition, functions, powers and procedures of the
committees of the Association;
(e) establishment, powers and functions of the branches of
the Association; and
(f) any other matter as the membership may determine. 6. The Association shall elect the President and the Vice-
President of the Association in accordance with the provisions of
the constitution. 7. (1) Subject to this Act, the Association may regulate its own
procedure. Constitution
of
Association
President
and Vice-
President of
Association
Meetings of
Association

Act, the Association may regulate its own
procedure. Constitution
of
Association
President
and Vice-
President of
Association
Meetings of
Association

Social Workers’Association of Zambia [No. 4 of 2022 107
(2) The meetings of the Association shall be conducted in
accordance with the provisions of the constitution. (3) The validity of any proceeding, act or decision of the
Association shall not be affected by any person’s absence from a
meeting of the Association or by reason that a person not entitled
to do so took part in a proceeding of the Association. PART III
THE COUNCIL OF THE ASSOCIATION
8. (1) There is constituted the Council of the Association which
shall be responsible for the management and control of the affairs
of the Association. (2) The Council shall be elected in accordance with the
provisions of the constitution. (3) The Council consists of the following council members:
(a) the President of the Association;
(b) the Vice-President of the Association;
(c) the Information and Publicity Secretary;
(d) the Treasurer; and
(e) five other professional members.

n;
(b) the Vice-President of the Association;
(c) the Information and Publicity Secretary;
(d) the Treasurer; and
(e) five other professional members.

(4) A person does not qualify to be elected as a member of the
Council if that person—
(a) is legally disqualified from performing the functions of a
member;
(b) has committed any professional misconduct within a
period of five years preceding the person’s election as a
member;
(c) is adjudged bankrupt under any written law; or
(d) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine. (5) The President and Vice-President of the Association shall
be the chairperson and vice-chairperson, respectively, of the
Council. (6) The First Schedule applies to the Council. 9. The functions of the Council are to—
(a) perform the functions of the Association;
Council of
Association
Functions of
Council

lies to the Council. 9. The functions of the Council are to—
(a) perform the functions of the Association;
Council of
Association
Functions of
Council

108 No. 4 of 2022] Social Workers’Association of Zambia
(b) approve the policy and strategic plan of the Association;
(c) oversee the implementation and successful operation
of the policy and functions of the Association;
(d) approve the annual budget and plans of‘the Association;
(e) monitor and evaluate the performance of the Association
against budgets and plans;
(f) represent, coordinate and develop the social work
profession and promote its interest;
(g) protect and assist the public in matters relating to the
practice of the social work profession;
(h) promote continuing professional development among
social workers;
(i) make recommendations relating to the social work
profession to the general meeting of the Association;
(j) collaborate with regional and international bodies on
matters related to social work;
(k) establish and issue guidelines and standards for purposes
of this Act; and
(l) establish and approve rules and procedures for the
appointment, discipline, termination and terms and
conditions of service of the staff of the Association. 10.

and approve rules and procedures for the
appointment, discipline, termination and terms and
conditions of service of the staff of the Association. 10.

(1) The Council shall appoint a suitably qualified registered
social worker as Registrar who shall be—
(a) the chief executive officer of the Association;
(b) Secretary to the Council; and
(c) responsible for the day-to-day administration of the
affairs of the Association. (2) The Council shall appoint a suitably qualified registered
social worker as Deputy Registrar, who shall assist the Registrar
in performing the Registrar’s duties under this Act. (3) The Council may appoint other staff that the Council
considers necessary for the performance of its functions under
this Act. (4) The Council shall determine the terms and conditions of
service of the Registrar, Deputy Registrar and other staff. Registrar,
Deputy
Registrar and
other staff

il shall determine the terms and conditions of
service of the Registrar, Deputy Registrar and other staff. Registrar,
Deputy
Registrar and
other staff

Social Workers’Association of Zambia [No. 4 of 2022 109
11. (1) The Council shall appoint suitably qualified persons as
inspectors to ensure compliance with this Act. (2) The Council shall provide an inspector with a certificate of
appointment which shall be evidence of the inspector’s appointment. (3) An inspector shall, in performing any duties under this Act:
(a) be in possession of the certificate of appointment under
subsection (2); and
(b) show the certificate of appointment to a person who
requests to see it or is subject to an investigation under
this Act.

under
subsection (2); and
(b) show the certificate of appointment to a person who
requests to see it or is subject to an investigation under
this Act.

(4) An inspector may, for the purpose of enforcing a provision
of this Act, at any reasonable time, without prior notice, and on the
authority of a warrant, enter any premises that the inspector has
reasonable grounds to believe is used by a social worker for the
commission of an offence or contrary to this Act and—
(a) search the premises;
(b) search a person on the premises if there are reasonable
grounds to believe that the person has possession of an
article, document or record that has a bearing on an
investigation, except that a person shall only be searched
by a person of the same sex;
(c) take extracts from, or make copies of, a book, document
or record that is on the premises and that has a bearing
on an investigation;
(d) demand the production of, and inspect, relevant
certificates of registration and practising certificates;
and
(e) make enquires that may be necessary to ascertain
whether this Act or any other written law on which an
investigation is based have been complied with.

make enquires that may be necessary to ascertain
whether this Act or any other written law on which an
investigation is based have been complied with.

(5) A person shall not—
(a) delay or obstruct an inspector in the performance of
the inspector’s functions under this Act;
(b) refuse to give an inspector reasonable assistance that
the inspector may require for the purpose of exercising
the inspector’s functions; or
(c) give an inspector false or misleading information in
answer to an inquiry made by the inspector. Inspectors

ercising
the inspector’s functions; or
(c) give an inspector false or misleading information in
answer to an inquiry made by the inspector. Inspectors

111 No. 4 of 2022] Social Workers’Association of Zambia
(6) A person who contravenes subsection (5), 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. (7) An inspector shall furnish the Council with a written
report and any other information relating to an inspection. PART IV
MEMBERSHIP, REGISTRATION AND PRACTISING CERTIFICATE
12. (1) There shall be classes of membership with rights and
privileges that the Minister may, by statutory instrument, prescribe. (2) A person may apply to the Association for registration as
an Association member in accordance with the provisions of the
constitution. 13. (1) A person shall not practice as a social worker without
registering under this Act. (2) A person who contravenes subsection (1), commits an
offence and is liable, on conviction, to a fine not exceeding seven
hundred thousand penalty units or to imprisonment for a term not
exceeding seven years, or to both. 14. (1) A person shall apply to the Council for registration as
a social worker in the prescribed manner and form on payment of
a prescribed fee.

oth. 14. (1) A person shall apply to the Council for registration as
a social worker in the prescribed manner and form on payment of
a prescribed fee.

(2) The Council may determine different fees for different
classes of social workers. (3) The Council may, within sixty days of receipt of an
application under subsection (1), grant or reject the application. (4) The Council shall, where the Council grants an application
under subsection (3), issue an applicant with a certificate of
registration if that person—
(a) is registered as an Association member in accordance
with the provisions of the constitution;
(b) possesses knowledge, training and experience as may
be prescribed;
(c) holds a qualification in social work recognised and
validated by the Zambia Qualifications Authority;
(d) is resident in the Republic and has an established office
or is appointed as a social worker in the Republic;
Classes of
membership
Prohibition
of person
practising
without
registration
Application
for
registration
as social
worker

cial worker in the Republic;
Classes of
membership
Prohibition
of person
practising
without
registration
Application
for
registration
as social
worker

Social Workers’Association of Zambia [No. 4 of 2022 110
(e) is of good character and good professional standing;
and
(f) meets other requirements that the Council may
determine. (5) The Council shall, where the Council rejects an application
for registration under subsection (3), inform the applicant, giving
reasons for the decision. (6) Where a person applies for registration under subsection
(1) and a response is not given within sixty days of receipt of the
application, that person shall be deemed to be registered as a social
worker and the Council shall issue the person with a certificate of
registration. 15. (1) The Council shall register a social worker in accordance
with the prescribed categories and classes of membership. (2) A certificate of registration shall have an unlimited period
of validity unless suspended or cancelled under this Act. 16. A person shall not qualify for registration as a social worker
under this Act if that person is—
(a) convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine; or
(b) adjudged bankrupt under any written law. 17.

en law and sentenced to imprisonment for a term
exceeding six months without the option of a fine; or
(b) adjudged bankrupt under any written law. 17.

A person registered under this Act shall notify the
Registrar of any change in the particulars relating to the registration
within seven days of the change. 18. (1) Subject to this Act, the Council may suspend or
cancel the registration of a social worker if the social worker—
(a) obtained the registration on the basis of fraud,
misrepresentation or concealment of a material fact;
(b) is found guilty of professional misconduct under this Act
and the practising certificate of the social worker is
cancelled; or
(c) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine. (2) The Council shall, before cancelling the registration under
subsection (1), give a social worker an opportunity to be heard. Registration
of social
worker
Disqualification
from
registration
Change in
details
Suspension
and
cancellation
of
registration

pportunity to be heard. Registration
of social
worker
Disqualification
from
registration
Change in
details
Suspension
and
cancellation
of
registration

112 No. 4 of 2022] Social Workers’Association of Zambia
(3) The Council may, before cancelling the registration of a
social worker, suspend the social worker for a period and on terms
and conditions that the Council may determine. (4) Where the Council cancels a certificate of registration of
a social worker under this section, the name of the social worker
shall not be restored except on conditions that may be prescribed
on payment of a prescribed fee. 19. Where a certificate of registration is cancelled or suspended
under section 18, the holder of the certificate of registration may
apply to the Council for re-registration, subject to the terms and
conditions that the Council may determine. 20. (1) A person shall not, unless the person is registered as a
social worker under this Act, practice, offer services or hold out to
be a social worker. (2) A person shall not offer employment to a person who is
not registered under this Act. (3) A person who contravenes subsection (1) or (2) commits
an offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both.

liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both.

(4) A social worker shall not permit the social worker’s name
to be used by a person that is not a registered social worker. (5) A person who contravenes subsection (4) commits an
offence and is liable, on conviction, to a fine not exceeding five
hundred thousand penalty units or to imprisonment for a term not
exceeding five years, or to both. 21. (1) A person shall not practice as a social worker without
a practising certificate issued to that person by the Council under
this Act. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction, to a fine not exceeding seven
hundred thousand penalty units or to imprisonment for a term not
exceeding seven years, or to both. 22. (1) A registered social worker shall apply to the Council
for a practising certificate in a field of speciality in the prescribed
manner and form on payment of a prescribed fee. (2) The Council shall, within sixty days of receipt of an
application under subsection (1) and where the applicant meets the
requirements of this Act, issue the applicant with a practising
certificate in the prescribed form.

r subsection (1) and where the applicant meets the
requirements of this Act, issue the applicant with a practising
certificate in the prescribed form.

Re-
registration
Holding out
as social
worker
Prohibition
of practice
without
practising
certificate
Practising
certificate
45

Re-
registration
Holding out
as social
worker
Prohibition
of practice
without
practising
certificate
Practising
certificate
45

Social Workers’Association of Zambia [No. 4 of 2022 113
(3) Where a registered social worker applies for a practising
certificate under subsection (1) and a response is not given within
sixty days of receipt of an application by the Council, the application
shall be deemed to have been approved and the Council shall issue
the applicant with a practising certificate. (4) The Minister may, by statutory instrument, on the
recommendation of the Association, make Regulations to provide
for the—
(a) terms and conditions for the issuance of a practising
certificate; and
(b) type of continuous professional development and training
and any other information required for the issuance of a
practising certificate. 23. A holder of a practising certificate shall display the practising
certificate in a conspicuous place at the place of practice. 24. A holder of a practising certificate may, for professional
services rendered, charge fees that the Minister may prescribe,
by statutory instrument, on the recommendation of the Council. 25. (1) A practising certificate shall be renewed annually in
the prescribed manner and form on payment of a prescribed fee.

mendation of the Council. 25. (1) A practising certificate shall be renewed annually in
the prescribed manner and form on payment of a prescribed fee.

(2) A practising certificate that is not renewed in accordance
with subsection (1) is void. 26. (1) The Council may suspend or cancel a practising
certificate if the holder—
(a) is legally disqualified from performing the duties of a
social worker;
(b) is adjudged bankrupt under a written law;
(c) obtained the practising certificate through fraud,
misrepresentation or concealment of a material fact; or
(d) is found guilty of professional misconduct under the code
of ethics or this Act. (2) Where a practising certificate is cancelled under this Act,
the practising certificate shall be void and the holder of the practising
certificate shall surrender to the Council the practising certificate. (3) The Council shall, before cancelling a practising ertificate
under this section, give the holder of the practising certificate an
opportunity to be heard. Display of
practising
certificate
Fees for
social work
services
Renewal of
practising
certificate
Suspension
and
cancellation
of practising
certificate

isplay of
practising
certificate
Fees for
social work
services
Renewal of
practising
certificate
Suspension
and
cancellation
of practising
certificate

114 No. 4 of 2022] Social Workers’Association of Zambia
(4) The Council may, before cancelling a practising certificate,
suspend the holder of the practising certificate for a period and on
terms and conditions that the Council may determine. (5) The Council shall, where it suspends or cancels a practising
certificate under subsection (1), publish the suspension or
cancellation in a daily newspaper of general circulation in the
Republic. 27. A certificate of registration or practising certificate issued
under this Act shall not be transferred to a third party. 28. (1) A person whose certificate of registration or practising
certificate is destroyed or lost may apply to the Registrar for a
duplicate certificate in the prescribed manner and form on payment
of a prescribed fee. (2) The Registrar may, within sixty days of receipt of an
application under subsection (1), issue a duplicate certificate of
registration or practising certificate to the applicant. 29. (1) A person may apply to the Registrar for a certificate
of status containing particulars relating to the registration of a social
worker in the prescribed manner and form on payment of a
prescribed fee.

ate
of status containing particulars relating to the registration of a social
worker in the prescribed manner and form on payment of a
prescribed fee.

(2) The Registrar may on receipt of an application under
subsection (1), issue a certificate of status to the applicant in the
prescribed form. 30. (1) The Registrar shall keep and maintain a register of
persons registered under this Act in which the Registrar shall enter
the details and particulars relating to—
(a) registered social workers;
(b) the holders of practising certificates and persons whose
practising certificates have been cancelled;
(c) the applications rejected and the reasons for the
rejection; and
(d) any other information that the Council may determine. (2) The register shall be kept in the custody of the Registrar at
the offices of the Association and shall be open for inspection by
members of the public during normal office hours on payment of a
fee that the Council may determine. Prohibition
of transfer
of certificate
of
registration
or practising
certificate
Certificate of
status
Duplicate
certificate of
registration
or practising
certificate
Register

f certificate
of
registration
or practising
certificate
Certificate of
status
Duplicate
certificate of
registration
or practising
certificate
Register

Social Workers’Association of Zambia [No. 4 of 2022 115
(3) The Registrar may, on an application by a person, issue to
the person a certified extract from the register of a copy of a
certificate of registration or practising certificate, on payment of a
fee that the Council may determine. 31. The Council may, where a holder of a practising certificate
does not intend to practice for a specified period of time, maintain
the name of the holder of the practising certificate on the register,
in a non-practising category. 32. (1) The Registrar shall, on the direction of the Council,
cause copies of the register and any alterations of, or additions to,
the register to be printed and published in a manner and form that
the Council may direct. (2) Subject to this Act, a copy of the last published and printed
register shall be prima facie evidence of what is contained in that
register and the absence of the name of a social worker from that
copy shall be prima facie evidence that the social worker is not
registered. PART V
DISCIPLINE AND ETHICS
33. The Association shall adopt and publish a code of ethics
for social workers, which shall bind all social workers regulated
under this Act. 34.

ICS
33. The Association shall adopt and publish a code of ethics
for social workers, which shall bind all social workers regulated
under this Act. 34.

A social worker commits professional misconduct if that
social worker—
(a) contravenes the provisions of this Act;
(b) unlawfully discloses any information acquired in the
practice of social work;
(c) engages in conduct that is dishonest, fraudulent or
deceitful; or
(d) breaches the code of ethics or encourages another social
worker to breach or disregard the principles of the code
of ethics. 35. (1) A person who alleges that a social worker has
contravened the code of ethics or a provision of this Act may lodge
a complaint with the Disciplinary Committee against the social
worker. Maintenance
of non-
practising
social
worker on
register
Publication
of copies of
register
Code of
ethics
Professional
misconduct
Initiation of
complaint

ntenance
of non-
practising
social
worker on
register
Publication
of copies of
register
Code of
ethics
Professional
misconduct
Initiation of
complaint

116 No. 4 of 2022] Social Workers’Association of Zambia
(2) The Association may initiate disciplinary action under this
section where the Association has reasonable grounds to believe
that a social worker has contravened the code of ethics or this Act. (3) A complaint or allegation under subsection (1) shall be made
to the Registrar in the prescribed manner and form. 36. (1) There is established a Disciplinary Committee which
consists of the following part-time members appointed by the Council:
(a) the Chairperson;
(b) the Vice-Chairperson;
(c) four registered association members who are not
members of the Council elected at a general meeting of
the Association; and
(d) a legal practitioner nominated by the Law Association
of Zambia. (2) The Registrar shall be the Secretary to the Disciplinary
Committee but shall not have voting rights. (3) A person qualifies to be appointed as Chairperson or Vice-
Chairperson of the Disciplinary Committee if that person is
registered as an association member with a minimum of ten years
experience in social work.

Chairperson of the Disciplinary Committee if that person is
registered as an association member with a minimum of ten years
experience in social work.

(4) A person shall not be appointed as a member of the
Disciplinary Committee if that person—
(a) is facing an allegation of, or has been disciplined for
professional misconduct;
(b) is adjudged bankrupt under any written law;
(c) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine; or
(d) is legally disqualified from performing the functions of
a member of the Disciplinary Committee. (5) A member of the Disciplinary Committee shall hold office
for two years and may be reappointed for a further and final term
of two years. (6) A member shall, on the expiration of the term for which
the member is elected or nominated, continue to hold office until
another member is elected or nominated, but in no case shall an
extension of the period exceed three months. Disciplinary
Committee

hold office until
another member is elected or nominated, but in no case shall an
extension of the period exceed three months. Disciplinary
Committee

Social Workers’Association of Zambia [No. 4 of 2022 117
(7) The office of a member becomes vacant if that member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) is absent from three consecutive meetings of the
Disciplinary Committee of which the member had notice,
without the prior approval of the Disciplinary Committee;
(d) resigns, by notice in writing, to the Council;
(e) is legally disqualified from performing the functions of a
member;
(f) is found guilty of professional misconduct;
(g) is de registered under this Act; or
(h) is convicted of an offence under this Act or any other
written law and sentenced to imprisonment for a term
exceeding six months without the option of a fine. (8) The Council shall, where there is a vacancy in the
membership of the Disciplinary Committee before the expiry of
the term of office, appoint another person to replace the member
who vacates office, but that person shall only hold office for the
remainder of the term. 37.

of office, appoint another person to replace the member
who vacates office, but that person shall only hold office for the
remainder of the term. 37.

The functions of the Disciplinary Committee are to hear
and determine a—
(a) disciplinary action initiated by the Association against a
social worker that has contravened the code of ethics
or this Act; or
(b) complaint or allegation of professional misconduct made
by a person against a social worker. 38. (1) Five members of the Disciplinary Committee shall form
a quorum. (2) The Chairperson, or in the absence of the Chairperson,
the Vice-Chairperson, shall preside at a meeting or sitting of the
Disciplinary Committee. (3) A question at a sitting or meeting of the Disciplinary
Committee shall be decided by a majority of the votes of the
members of the Disciplinary Committee at the sitting or meeting
and in the event of an equality of votes, the person presiding at the
sitting or meeting shall have a casting vote in addition to that person’s
deliberative vote. Functions of
Disciplinary
Committee
Proceedings
of
Disciplinary
Committee

ng shall have a casting vote in addition to that person’s
deliberative vote. Functions of
Disciplinary
Committee
Proceedings
of
Disciplinary
Committee

118 No. 4 of 2022] Social Workers’Association of Zambia
(4) The proceedings of the Disciplinary Committee shall be in
camera. (5) A party to a hearing of the Disciplinary Committee may
appear in person, or be represented by a legal practitioner or, if the
party so elects, by any other person. (6) A decision of the Disciplinary Committee shall be in the
form of a reasoned judgement and a copy of the decision shall be
supplied to each party to the proceedings and every person affected
by the decision. (7) A member who is present at a meeting of the Disciplinary
Committee at which a matter is the subject of consideration, and in
which matter that person or that person’s relative or associate is
directly or indirectly interested in a private capacity shall, as soon
as is practicable after the commencement of the meeting, disclose
the interest and shall not, unless the Disciplinary Committee
otherwise directs, take part in a consideration or discussion of, or
vote on, a question relating to that matter. (8) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made.

ion relating to that matter. (8) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting at which it is made.

(9) The Disciplinary Committee shall cause to be kept a record
of its proceedings. 39. (1) The Disciplinary Committee may, for the purposes of
a hearing, hear and receive evidence and may—
(a) under the hand of the Chairperson or the Registrar,
summon witnesses and require the production of a book,
record, document, electronic record or anything required
for the purposes of the proceeding; and
(b) through the Chairperson or Vice-Chairperson, administer
an oath to a witness. (2) A person summoned to attend before the Disciplinary
Committee shall not—
(a) refuse or fail to attend at the time and place specified in
the summons or, having attended, leave without the
permission of the Disciplinary Committee;
(b) having attended, refuse to be sworn or to affirm;
(c) refuse, without lawful excuse, to answer fully and
satisfactorily to that person’s best knowledge and belief,
any question lawfully put to that person;
Powers of
Disciplinary
Committee

answer fully and
satisfactorily to that person’s best knowledge and belief,
any question lawfully put to that person;
Powers of
Disciplinary
Committee

Social Workers’Association of Zambia [No. 4 of 2022 119
(d) refuse to produce a book, record, document or anything
which that person is required by summons to produce;
or
(e) make a false or misleading statement with the intention
that it be acted on by the Disciplinary Committee. (3) A person who contravenes subsection (2) commits an
offence and is liable, on conviction, to a fine not exceeding two
hundred thousand penalty units. (4) Despite subsection (2), a person shall not be compelled to
answer any question or produce a book, record or document which
that person would not be compelled to answer or produce on the
trial of an action in the High Court. (5) A hearing before the Disciplinary Committee shall, for all
purposes, and in particular for the purposes of Chapter XI of the
Penal Code, be deemed to be a judicial proceeding. (6) A finding of fact which is shown to have been made by a
court in the Republic shall, in a hearing before the Disciplinary
Committee, be conclusive evidence of the fact so found.

shown to have been made by a
court in the Republic shall, in a hearing before the Disciplinary
Committee, be conclusive evidence of the fact so found.

(7) Where the Disciplinary Committee, after due inquiry, finds
a social worker guilty of professional misconduct, the Disciplinary
Committee may impose one or more of the following penalties:
(a) order the cancellation of a practising certificate or
certificate of registration of the social worker or modify
the field of speciality in which the social worker may
practice;
(b) order the suspension of the certificate of registration or
practicing certificate for a period not exceeding one year
and impose any condition for the suspension;
(c) censure the social worker;
(d) impose an administrative fine, not exceeding three
hundred thousand penalty units;
(e) order the social worker to pay to the Association or a
party to the hearing any costs of, or incidental to, the
proceedings; or
(f) order the social worker to pay a party to the hearing or
other person, as restitution, the amount of loss caused
by that social worker’s negligence. Cap. 87

the social worker to pay a party to the hearing or
other person, as restitution, the amount of loss caused
by that social worker’s negligence. Cap. 87

120 No. 4 of 2022] Social Workers’Association of Zambia
(8) The Disciplinary Committee shall, where the Disciplinary
Committee finds, after due inquiry, that a social worker is not
guilty of professional misconduct, record a finding that the social
worker is not guilty of the conduct to which the charge relates. (9) The Disciplinary Committee may, for the purpose of any
proceedings, use assessors or experts that the Disciplinary
Committee may determine. 40. (1) The Disciplinary Committee shall, where the
Disciplinary Committee has reasonable cause to believe that a social
worker is legally disqualified and it is likely to affect the social
worker in the practice of social work, refer the matter for
determination to a mental health practitioner. (2) The Disciplinary Committee shall, where a mental health
practitioner determines that a social worker is legally disqualified,
suspend the practising certificate of the social worker for a period
that it may determine. 41. (1) The Disciplinary Committee shall, as soon as is
practicable after the completion of a hearing, submit to the Council
a report of the proceedings with a copy of the record.

ittee shall, as soon as is
practicable after the completion of a hearing, submit to the Council
a report of the proceedings with a copy of the record.

(2) The Disciplinary Committee may publicise, as the
Disciplinary Committee may consider appropriate, the facts relating
to a social worker who is found guilty of, and punished for,
professional misconduct. 42. (1) The Chief Justice may, by statutory instrument, make
rules relating to—
(a) the manner and form for lodging of complaints under
this Part;
(b) the mode of summoning persons before the Disciplinary
Committee;
(c) the form and manner of service of summons requiring
the attendance of a witness before the Disciplinary
Committee and the production of a book, record,
document or thing;
(d) the procedure to be followed and rules of evidence to
be observed in proceedings before the Disciplinary
Committee; and
(e) the functions of the assessors to the Disciplinary
Committee. Inquiry into
legal capacity
of social
worker
Reports by
Disciplinary
Committee
Rules
relating to
disciplinary
proceedings

the Disciplinary
Committee. Inquiry into
legal capacity
of social
worker
Reports by
Disciplinary
Committee
Rules
relating to
disciplinary
proceedings

Social Workers’Association of Zambia [No. 4 of 2022 121
(2) Rules made under this section may provide—
(a) that before a matter is referred to the Disciplinary
Committee it shall, in a manner that may be provided by
the rules, have been brought before, and investigated
by, the Association;
(b) for securing notices for the proceedings and specifying
the time and manner of proceedings; and
(c) for securing that a party to the proceedings shall, if that
person requires, be entitled to be heard by the
Disciplinary Committee. PART VI
GENERAL PROVISIONS
43. (1) A person aggrieved with a decision of the Council may,
within thirty days of receiving the decision, appeal to the Minister. (2) A person aggrieved with a decision of the Minister under
subsection (1) may, appeal to the High Court. (3) A person aggrieved with a decision of the Disciplinary
Committee may, on receipt of the decision, appeal to the High Court. (4) A decision of the Disciplinary Committee shall not take
effect until the expiration of the time for lodging an appeal against
the decision or, if an appeal is lodged, until the time the appeal is
disposed of, withdrawn or struck out for want of prosecution.

an appeal against
the decision or, if an appeal is lodged, until the time the appeal is
disposed of, withdrawn or struck out for want of prosecution.

(5) The proceedings of the Disciplinary Committee shall not
be set aside by reason only of some irregularity in those proceedings
if the irregularity did not occasion a substantial miscarriage of justice. 44. (1) A person commits an offence if that person—
(a) makes or causes to be made an unauthorised entry,
alteration or erasure in the register or a certified copy
of an entry in the register, a certificate of registration or
practising certificate issued under this Act;
(b) impersonates a registered social worker;
(c) procures or attempts to procure registration under this
Act by fraud, false representation or the concealment
of a material fact;
(d) forges a certificate of registration, practising certificate
or other document issued under this Act; or
Appeals
Offences
regarding
registered
social worker

a certificate of registration, practising certificate
or other document issued under this Act; or
Appeals
Offences
regarding
registered
social worker

122 No. 4 of 2022] Social Workers’Association of Zambia
(e) undertakes to provide professional services in excess
of the field of speciality permitted for the social work
profession. (2) A person who commits an offence under subsection (1) is
liable, on conviction, to a fine not exceeding five hunded thousand
penalty units or to imprisonment for a term not exceeding five years,
or to both. (3) Subject to the other provisions of this Act, an offence under
this section shall be inquired into, tried and otherwise dealt with in
accordance with the Criminal Procedure Code and the Penal Code. 45. (1) The Association may, in the exercise of its functions
under this Act, issue guidelines that are necessary for the better
carrying out of the provisions of this Act. (2) The Association shall publish the guidelines issued under
this Act in a daily newspaper of general circulation in the Republic
and in the Gazette, and the guidelines shall take effect on the date
of publication. (3) The guidelines issued by the Association under this Act
shall bind the persons regulated under this Act. 46.

ke effect on the date
of publication. (3) The guidelines issued by the Association under this Act
shall bind the persons regulated under this Act. 46.

(1) The Minister may, by statutory instrument, on the
recommendation of the Council, make Regulations for the better
carrying out of the provisions of this Act. (2) Despite the generality of subsection (1), Regulations made
under subsection (1) may make provision for—
(a) the manner and form for applications and the fees
payable
(b) the particulars to be entered on the register;
(c) the form of the certificate of registration and the
conditions of the certificate of registration;
(d) the qualifications for registration of a social worker;
(e) the form of the practising certificate and the conditions
of the practising certificate;
(f) the code of ethics to which a social worker shall
subscribe;
(g) the continuous professional development of social
workers; and
(h) the fixing of fees for professional services and other
fees which are required to be prescribed. 47. The Second Schedule applies to savings and transitional
arrangements relating to the Association. Guidelines
Regulations
Cap. 88
Savings and
transitional
provisions
Cap. 87

plies to savings and transitional
arrangements relating to the Association. Guidelines
Regulations
Cap. 88
Savings and
transitional
provisions
Cap. 87

FIRST SCHEDULE
(Sections 3 (3) and 8 (6))
THE SOCIAL WORKERS’ ASSOCIATION OF ZAMBIA
PART I
ADMINISTRATION OF COUNCIL
1. (1) The seal of the Association shall be a device that may
be determined by the Council, and be kept by the Registrar. (2) The affixing of the seal shall be authenticated by the
President or Vice-President and the Registrar or another person
authorised in that behalf by a resolution of the Council. (3) A contract or instrument which, if entered into or executed
by a person not being a body corporate, would not be required to
be under seal, may be entered into or executed without seal on
behalf of the Association by the Registrar or any other person
generally or specifically authorised by the Council in that behalf. (4) A document purporting to be a document under the seal of
the Association or issued on behalf of the Association shall be
received in evidence and shall be deemed to be so executed or
issued, without further proof, unless the contrary is proved. 2.

he Association shall be
received in evidence and shall be deemed to be so executed or
issued, without further proof, unless the contrary is proved. 2.

(1) A Council member or member of a committee who is
present at a meeting of the Council or a committee of the Council
at which a matter is the subject of consideration, and in which
matter that person or that person’s relative or associate is directly
or indirectly interested in a private capacity shall, as soon as is
practicable after the commencement of the meeting, disclose the
interest and shall not, unless the Council or the committee otherwise
directs, take part in any consideration or discussion of, or vote on,
any question relating to that matter. (2) A disclosure of interest made under this paragraph shall
be recorded in the minutes of the meeting at which it is made. 3. (1) A person shall not, without the consent in writing given
by or on behalf of the Council , otherwise than in the course of
duties of that person, publish or disclose to any other person, the
contents of any document, communication or information, which
relates to, or which has come to the knowledge of that person in
the course of that person’s duties under this Act. Social Workers’Association of Zambia [No.

to, or which has come to the knowledge of that person in
the course of that person’s duties under this Act. Social Workers’Association of Zambia [No.

4 of 2022 123
Seal of
Association
Disclosure
of interest
Prohibition
of
publication
of, or
disclosure
of
information
to
unauthorised
persons

4 of 2022 123
Seal of
Association
Disclosure
of interest
Prohibition
of
publication
of, or
disclosure
of
information
to
unauthorised
persons

124 No. 4 of 2022] Social Workers’Association of Zambia
(2) A person who contravene sub-paragraph (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. (3) A person who, having information which to that person’s
knowledge is published or disclosed in contravention of sub-
paragraph (1), unlawfully publishes or communicates the information
to another person, commits an offence and is liable, on conviction,
to a fine not exceeding two hundred thousand penalty units or
imprisonment for a term not exceeding two years, or to both. 4. An action or other proceeding shall not lie or be instituted
against a Council member, a member of a committee of the Council
or a member of staff of the Association, for, or in respect of, an act
or thing done or omitted to be done in good faith in the exercise or
performance of a function conferred under this Act. PART II
FINANCIAL PROVISIONS
5. (1) The funds of the Association consists of monies that
may—
(a) be paid to the Association by way of fees, grants or
donations; or
(b) vest in, or accrue to, the Association.

iation consists of monies that
may—
(a) be paid to the Association by way of fees, grants or
donations; or
(b) vest in, or accrue to, the Association.

(2) The Association may—
(a) accept money by way of grants or donations from any
source in the Republic and subject to the approval of
the Minister, from any source outside the Republic;
(b) raise by way of loans or otherwise, monies that the
Association may require for the performance of its
functions; and
(c) in accordance with the regulations made under this
Act, charge and collect fees for services provided by
the Association. (3) There shall be paid from the funds of the Association—
(a) the salaries, allowances and loans of members of staff
of the Association;
(b) reasonable travelling, transport and subsistence
allowances for Council members or any committee of
the Council when engaged in the business of the
Association at the rates approved by the Council; and
Immunity
Funds of
Association

r any committee of
the Council when engaged in the business of the
Association at the rates approved by the Council; and
Immunity
Funds of
Association

Social Workers’Association of Zambia [No. 4 of 2022 125
(c) other expenses incurred by the Council or a committee
of the Council in the performance of the functions under
this Act. (4) The Council may invest, in a manner that it thinks fit, funds
that the Association does not immediately require for the
performance of the Association’s functions. 6. The financial year of the Association shall be a period of
twelve months ending on 31st December in each year. 7. (1) The Association shall cause to be kept proper books of
accounts and other records relating to the Association’s accounts. (2) The accounts of the Association shall be audited annually
by independent auditors appointed by the Council. (3) The auditors fees shall be paid by the Association. 8. (1) As soon as practicable, but not later than three months
after the expiry of each financial year, the Association shall submit
to the Minister a report concerning its activities during the financial
year.

hs
after the expiry of each financial year, the Association shall submit
to the Minister a report concerning its activities during the financial
year.

(2) The report referred to in sub-paragraph (1) shall include
information on the financial affairs of the Association 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 as the Minister may require. (3) The Minister shall, not later than thirty days after the first
sitting of the National Assembly next after the receipt of the report
referred to in sub-paragraph (1), lay it before the National Assembly. Financial
year
Accounts
and audits
Annual
report

fter the receipt of the report
referred to in sub-paragraph (1), lay it before the National Assembly. Financial
year
Accounts
and audits
Annual
report

126 No. 4 of 2022] Social Workers’Association of Zambia
N.A.B. 4, 2022
SECOND SCHEDULE
(Section 47)
SAVINGS AND TRANSITIONAL PROVISIONS
1. In this Schedule “former Association” means the Social
Workers’ Association of Zambia registered under the Societies Act. 2. (1) A person who, before the commencement of this Act,
was an employee of the former Association shall continue to be an
employee of the Association as if employed under this Act. (2) The service of the persons referred to in sub-paragraph
(1) shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of an
employee employed by the former Association before the
commencement of this Act. 3. (1) On or after the commencement of this Act, committees
and officers of the former Association operating or holding office
immediately before the commencement of this Act, shall operate
and hold office as the committees and officers of the Association
for a period of four months as if they had been elected or appointed
under this Act. (2) The Association shall, four months after the commencement
of this Act, hold elections for its Association, committees and other
office bearers.

t. (2) The Association shall, four months after the commencement
of this Act, hold elections for its Association, committees and other
office bearers.

(3) The rules of the former Association in force immediately
before the commencement of this Act shall remain in force as if
they have been made and issued by the Association until a time
that new rules are made. (4) A representative appointed by the former Association to
serve on any Committee or other body shall be deemed to be a
representative appointed by the Association under this Act. 4. (1) On or after the commencement of this Act, there shall
be transferred to, vest in and subsist against the Association by
virtue of this Act and without further assurance, all assets, rights
and obligations which immediately before that date were the assets,
rights, liabilities and obligations of the former Association. (2) Subject to sub-paragraph(1), every deed, bond and
agreement, other than an agreement for personnel service, to which
the former Association, was a party immediately before the
commencement of this Act, whether or not of a nature that rights,
Interpretation
Cap 119
Transfer of
staff of
former
Association
Transfer of
assets and
liabilities
Office
bearers

ether or not of a nature that rights,
Interpretation
Cap 119
Transfer of
staff of
former
Association
Transfer of
assets and
liabilities
Office
bearers

Social Workers’Association of Zambia [No. 4 of 2022 127
N.A.B 4, 2022
liabilities and obligations could be assigned, shall unless its subject
matter or terms make it impossible that it should have effect as
modified, as provided under this paragraph, have effect as if—
(a) the Association, had been party to it;
(b) for any reference to the former Association there was
substituted, with respect to anything falling to be done
on or after the commencement of this Act, a reference
to the Association; or
(c) for any reference to any officer of the former
Association not being a party to it and beneficially
interested, there were substituted, as respects anything
falling to be done on or after the commencement of this
Act, a reference to an officer of the Association, that
the Association shall designate. (3) Where under this Act, any assets, rights, liabilities and
obligations of the former Association, are deemed to be transferred
to the Association, in respect of which transfer a written law
provides for registration, the Association shall make an application
in writing to the appropriate registration authority for registration
of the transfer.

des for registration, the Association shall make an application
in writing to the appropriate registration authority for registration
of the transfer.

(4) The registration authority, referred to under sub-paragraph
(3), shall make entries in the appropriate register that shall give
effect to the transfer and, where applicable, issue to the transferee
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse the deeds
relating to the title, right or obligation concerned and no registration
fees or other duties shall be payable in respect of the transaction. 5. A licence, registration, authorisation or recognition granted
by the former Association, whether to a company or an individual,
shall be deemed, until expiry, to be a licence, registration,
authorisation or recognition granted in accordance with this Act,
but subject to any rights or benefits accruing, or any liabilities
suffered, under the former Association. 6. (1) Any legal proceedings pending immediately before the
commencement of this Act by or against the former Association,
may be continued by or against the Association.

ceedings pending immediately before the
commencement of this Act by or against the former Association,
may be continued by or against the Association.

(2) After the commencement of this Act, proceedings in
respect of any right, liability or obligation which was vested in,
held, enjoyed, incurred or suffered by the former Association, may
be instituted by or against the Association. Licence,
registration,
authorisation
or
recognition
by former
Association
Legal
proceedings

28