Laws of Zambia Active 2013The Teaching Profession 2013
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Teaching Profession [No. 5 of 2013 147
THE TEACHING PROFESSION ACT, 2013
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation
PART II
THE TEACHING COUNCIL OF ZAMBIA
3. Establishment of Teaching Council of Zambia
4. Seal of Council
5. Composition of Council
6. Functions of Council
7. Registrar, Deputy Registrar and other staff
8. Inspectors
PART III
REGISTRATION OF TEACHERS
9. Classes of membership
10. Application for registration
11. Certificate of registration
12. Disqualification from registration
13. Changes in detail
14. Cancellation of registration
15. Application for practising certificate
16. Renewal of practising certificate
17. Cancellation of practising certificate
18. Regulations relating to practising certificates
19. Conditions of certificate
20. Prohibition of transfer of certificate
21. Reregistration
22. Duplicate certificate
23. Register
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K17.00 each.
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148 No. 5 of 2013] Teaching Profession
. Box 30136, 10101 Lusaka, Price K17.00 each.
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148 No. 5 of 2013] Teaching Profession
24. Removal and restoration of name on register
25. Publication of copies of register
26. Holding out as teacher
27. Offences regarding registered teachers
28. Recognition of foreign qualifications
29. Offences and penalties relating to registration
30. Appeals
PART IV
TRAINING OF TEACHERS
31. Prohibition of provision of unauthorised training programme
32. Application for approval of training programme
33. Review of approved training programme
34. Withdrawal of approval of training programme
35. Inservice education
36. Continuing professional development and training
37. Regulations relating to education and training of teachers
PART V
ACCREDITATION OF COLLEGES OF EDUCATION
38. Application for accreditation
39. Grant of accreditation
40. Refusal to grant accreditation
41. Renewal of accreditation
42. Revocation of accreditation
43. Provision of training without accreditation
44. Register of accredited colleges of education
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Teaching Profession [No. 5 of 2013 149
PART VI
DISCIPLINARY MATTERS
hout accreditation
44. Register of accredited colleges of education
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Teaching Profession [No. 5 of 2013 149
PART VI
DISCIPLINARY MATTERS
45. Code of ethics
46. Professional misconduct
47. Initiation of disciplinary action
48. Disciplinary Committee
49. Functions of Disciplinary Committee
50. Proceedings of Disciplinary Committee
51. Powers of Disciplinary Committee
52. Reports by Disciplinary Committee
53. Appeals to High Court
54. Rules relating to disciplinary proceedings
PART VII
GENERAL PROVISIONS
55. Jurisdiction over acts committed outside Zambia
56. General penalty
57. Offences by body corporate or unincorporate body
58. Guidelines
59. Regulations
SCHEDULE
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ty
57. Offences by body corporate or unincorporate body
58. Guidelines
59. Regulations
SCHEDULE
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45. Code of ethics
46. Professional misconduct
47. Initiation of disciplinary action
48. Disciplinary Committee
49. Functions of Disciplinary Committee
50. Proceedings of Disciplinary Committee
51. Powers of Disciplinary Committee
52. Reports by Disciplinary Committee
53. Appeals to High Court
54. Rules relating to disciplinary proceedings
PART VII
GENERAL PROVISIONS
55. Jurisdiction over acts committed outside Zambia
56. General penalty
57. Offences by body corporate or unincorporate body
58. Guidelines
59. Regulations
SCHEDULE
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Teaching Profession [No. 5 of 2013 151 GOVERNMENT OF ZAMBIA
ACT
No. 5 of 2013
Date of Assent: 21st March, 2013
An Act to establish the Teaching Council of Zambia and define its functions and powers; provide for the regulation of teachers, their practice and professional conduct; provide for the accreditation and regulation of colleges of education; and provide for matters connected with, or incidental to, the foregoing. [22nd March, 2013
ENACTED by the Parliament of Zambia. PART 1
PRELIMINARY
1. This Act may be cited as the Teaching Profession Act, 2013. Short title
2.
ENACTED by the Parliament of Zambia. PART 1
PRELIMINARY
1. This Act may be cited as the Teaching Profession Act, 2013. Short title
2.
In this Act, unless the context otherwise requires— Interpretation
“aided educational institution ” has the meaning assigned to it
in the Education Act, 2011; Act No. 23
of 2011
“ certificate of registration ” means the certificate of
registration issued under section eleven;
“ Chairperson ” means the person appointed as Chairperson
under section five;
“ Code of Ethics ” means the code of professional conduct
and ethics adopted and published by the Council;
“ college of education ” has the meaning assigned to it in the
Education Act, 2011; Act No. 23
of 2011
“ Council ” means the Teaching Council of Zambia established
under section three;
“ Disciplinary Committee ” means the Committee constituted
under section forty-eight;
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Act No. 23 " educational institution " has the meaning assigned to it in
of 2011 the Education Act, 2011;
" inspector " means a person appointed as an inspector under
section eight;
, 2011;
" inspector " means a person appointed as an inspector under
section eight;
Act No. 23 " learner " has the meaning assigned to it in the Education
of 2011 Act, 2011;
" practising certificate " means a certificate issued under
section fifteen;
Act No. 23 " private educational institution " has the meaning assigned to
of 2011 it in the Education Act, 2011;
" professional misconduct " has the meaning assigned to it
under section forty-six;
" public service " means the service in an office in the Republic
in respect of which the emoluments are a charge on, or
paid out of the Consolidated Fund, public funds or out of
moneys appropriated by Parliament;
" Register " means the register of registered teachers kept
by the Registrar under section twenty-three;
" Register " means the register of registered teachers kept
by the Registrar under section twenty-three;
" Registrar " means the person appointed as Registrar under
section seven;
" relative " in relation to a person means—
(a) a parent, son, daughter, brother, sister, niece, uncle,
aunt, grandparent or cousin of that person or that
person's spouse; and
(b) a spouse of that person;
" teacher " means a person who is qualified, registered and
teaches or instructs, a head of school, a principal or lecturer
of a college of education, a technical education instructor,
a head of department of education or an education unit at
any other educational institution, other than a university;
" Vice-Chairperson " means the person appointed as
Vice- Chairperson under section five; and
" Vice-Chairperson " means the person appointed as
Vice- Chairperson under section five; and
Act No. 13 " Zambia Qualifications Authority " means the Zambia
of 2011 Qualification Authority established under the Zambia
Qualifications Authority Act, 2011.
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Teaching Profession [No. 5 of 2013 153
PART II
THE TEACHING COUNCIL OF ZAMBIA
3. (1) There is hereby established the Teaching Council of Establishment
Zambia which shall be a body corporate with perpetual succession of Teaching
and a common seal, capable of suing and being sued in its corporate Council of
name and shall, subject to the provisions of this Act, have power to Zambia
do all such acts and things as a body corporate may, by law, do or
perform.
(2) The provisions of the Schedule apply to the Council.
4. (1) The seal of the Council shall be such device as may be Seal of
determined by the Council and shall be kept by the Registrar. Council
(2) The affixing of the seal shall be authenticated by the
Chairperson or the Vice-Chairperson and the Registrar or any other
person authorised in that behalf by a resolution of the Council.
cated by the
Chairperson or the Vice-Chairperson and the Registrar or any other
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 Council 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 Council or issued on behalf of the Council shall be received in
evidence and shall be executed or issued, as the case may be,
without further proof, unless the contrary is proved.
5. (1) The Council shall consist of the following part-time Composition
members appointed by the Minister: of Council
(a) one representative recommended by the Ministry
responsible for education vocational and
entrepreneurship training;
cil
(a) one representative recommended by the Ministry
responsible for education vocational and
entrepreneurship training;
(b) one representative each recommended by—
(i) a public higher education institution;
(ii) a private higher education institution;
(iii) a public educational institution;
(iv) a private educational institution;
(v) a community educational institution; and
(vi) an aided educational institution;
(c) three representatives of the recognised teacher unions;
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ided educational institution;
(c) three representatives of the recognised teacher unions;
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(b) one representative each recommended by—
(i) a public higher education institution;
(ii) a private higher education institution;
(iii) a public educational institution;
(iv) a private educational institution;
(v) a community educational institution; and
(vi) an aided educational institution;
(c) three representatives of the recognised teacher unions;
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154 No. 5 of 2013] Teaching Profession (d) a registered teacher who is a member of an association
dealing with persons with disabilities;
(e) a representative of the Examinations Council of Zambia;
(f) a representative of the Teaching Service Commission;
and
(g) two other persons with expertise in matters relating to
teaching.
a representative of the Teaching Service Commission;
and
(g) two other persons with expertise in matters relating to
teaching.
(2) A person shall not be appointed as a member of the Council
if the person—
(a) has been adjudged bankrupt under any written law;
(b) in the case of a teacher, has committed any professional
misconduct within a period of five years preceding the
appointment;
(c) is in lawful custody or the person's freedom of movement
is restricted under any law in force in or outside Zambia
on the date of the appointment;
(d) in the case of a teacher, has been de-registered in
accordance with section fourteen;
Cap. 305
(e) is declared to be of unsound mind under the Mental
Disorders Act; or
(f) has been convicted of an offence under any other written
law and sentenced to a term of imprisonment exceeding
six months without the option of a fine. (3) The Minister shall appoint the Chairperson of the Council
from among the members. (4) The members of the Council shall elect the Vice-Chairperson
of the Council from among themselves. (5) The Minister shall publish the names and designation of
the members of the Council in a daily newspaper of general
circulation in Zambia.
(5) The Minister shall publish the names and designation of
the members of the Council in a daily newspaper of general
circulation in Zambia.
Functions of 6. (1) The functions of the Council are to—
Council (a) register teachers;
(b) regulate the professional conduct of teachers;
(c) accredit colleges of education, monitor quality control
and assurance of education facilities and services;
(d) develop, maintain and improve appropriate standards of
qualification in the teaching profession and promote
continuing professional development amongst teachers;
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continuing professional development amongst teachers;
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Functions of 6. (1) The functions of the Council are to—
Council (a) register teachers;
(b) regulate the professional conduct of teachers;
(c) accredit colleges of education, monitor quality control
and assurance of education facilities and services;
(d) develop, maintain and improve appropriate standards of
qualification in the teaching profession and promote
continuing professional development amongst teachers;
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continuing professional development amongst teachers;
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(e) develop, promote and enforce internationally comparable
teaching profession practice standards so as to improve
the quality of education in Zambia and promote an
understanding of professional ethics amongst the
teachers;
(f) create awareness of the importance of protecting the
public against unsound teaching practices and ensure
that the rules and guidelines for professional ethics are
responsive to the expectations of the public and those
who rely on the teaching profession;
(g) investigate allegations of professional misconduct and
impose such sanctions as may be necessary;
(h) advise the Government on matters relating to the
teaching profession;
(i) facilitate the acquisition of knowledge by teachers
through the establishment of technical libraries, and the
provision of monetary grants, books, apparatus and any
other facilities necessary to achieve that end;
(j) raise the character and status of the teaching profession
to promote honourable and good practice and where
necessary, declare any particular teaching practice to
be undesirable for all, so as to increase the confidence
of the public in teachers;
(k) promote, protect and advance the general-interests of
teachers;
(l) collaborate with the relevant unions on conditions of
service and remuneration of teachers;
(m) provide a forum for the communication and interchange
of views on matters relating to the teaching profession
and disseminate these views to the public; and
(n) do all such other things as are necessary or incidental
to the performance of its functions under this Act.
ews to the public; and
(n) do all such other things as are necessary or incidental
to the performance of its functions under this Act.
(2) The Council may—
(a) determine and levy fees that the Council considers
necessary to finance its activities under this Act;
(b) determine the fees payable for an inspection conducted
for the purposes of this Act; and
(c) determine what portion of any fee is payable in respect
of any part of a year and the date on which the fee or
portion thereof is payable.
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(3) The validity of any proceedings, act or decision of the
Council shall not be affected by any person's absence from any
meeting of the Council or by reason that a person not entitled to do
so took part in the proceedings.
7. (1) The Council shall appoint a Registrar, who shall be
the chief executive officer of the Council, on such terms and
conditions as the Council may determine.
(2) The Registrar shall be the Secretary to the Council and shall
be responsible for the day-to-day administration of the affairs of
the Council, under the supervision of the Council.
etary to the Council and shall
be responsible for the day-to-day administration of the affairs of
the Council, under the supervision of the Council.
(3) The Council shall appoint a Deputy Registrar who shall
assist the Registrar in performing the Registrar's duties under this
Act.
(4) The Registrar and Deputy Registrar shall be registered
teachers.
(5) The Council shall appoint, on such terms and conditions as
the Council may determine, such other staff as may be necessary
for the purposes of this Act.
8. (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 prima facie evidence of the
inspector's appointment as such.
(3) An inspector shall, in performing any function under this
Act—
(a) be in possession of the certificate of appointment
referred to under subsection (2); and
(b) show the certificate of appointment to any person who
requests to see the certificate or is subject to an
investigation or inspection for purposes of this Act.
rtificate of appointment to any person who
requests to see the certificate or is subject to an
investigation or inspection for purposes of this Act.
(4) An inspector may, for the purpose of enforcing the
provisions of this Act, at any reasonable time, without prior notice,
and on the authority of a warrant, enter any premises that the
inspector has reasonable grounds to believe is used for the
commission of an offence or contrary to the provisions of this Act,
and—
(a) search the premises;
(b) search any person on the premises if the inspector has
reasonable grounds to believe that the person has
possession of an article, document or record that has a
bearing on an inspection or investigation, except that a
person shall only be searched by a person of the same
sex;
Registrar,
Deputy
Registrar
and other
staff
Inspectors
—
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[No. 5 of 2013 157
ched by a person of the same
sex;
Registrar,
Deputy
Registrar
and other
staff
Inspectors
—
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[No. 5 of 2013 157
(c) take extracts from, or make copies of any book, document or record that is on the premises and that has a bearing on an inspection or investigation;
(d) demand the production of, and inspect, relevant certificates; and
(e) make such inquiries as may be necessary to ascertain whether the provisions of this Act or any other law on which an inspection or investigation is based, have been complied with.
(5) A person who—
(a) delays or obstructs an inspector in the performance of the inspector’s functions under this Act;
(b) refuses to give an inspector such reasonable assistance as the inspector may require for the purpose of performing the inspector’s functions;
(c) gives an inspector false or misleading information in answer to an inquiry made by the inspector; or
(d) impersonates an inspector or presents oneself to be an inspector;
commits an offence and is liable, upon conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.
(6) An inspector shall furnish the Council with a written report and any other information relating to an inspection.
PART III
REGISTRATION OF TEACHERS
An inspector shall furnish the Council with a written report and any other information relating to an inspection.
PART III
REGISTRATION OF TEACHERS
9. (1) There shall be such classes of membership as shall be prescribed.
(2) Each class of membership shall have such rights, privileges and obligations as may be prescribed.
(3) The Council may categorise the type of teaching work to be performed by each class of membership.
Classes of membership
10. (1) A person shall apply to the Council for registration as a teacher in the prescribed manner and form upon payment of the prescribed fee.
Application for registration
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(2) The Council may, within thirty days of receipt of an
application under subsection (1), grant or reject the application.
(3) The Council shall, where it rejects an application under
subsection (2), inform the applicant, in writing, and give the reasons
for the rejection.
where it rejects an application under
subsection (2), inform the applicant, in writing, and give the reasons
for the rejection.
9. (1) There shall be such classes of membership as shall be prescribed.
(2) Each class of membership shall have such rights, privileges and obligations as may be prescribed.
(3) The Council may categorise the type of teaching work to be performed by each class of membership.
Classes of membership
10. (1) A person shall apply to the Council for registration as a teacher in the prescribed manner and form upon payment of the prescribed fee.
Application for registration
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(2) The Council may, within thirty days of receipt of an
application under subsection (1), grant or reject the application.
(3) The Council shall, where it rejects an application under
subsection (2), inform the applicant, in writing, and give the reasons
for the rejection. Certificate of 11.
), inform the applicant, in writing, and give the reasons
for the rejection. Certificate of 11.
(1) The Council shall, where an applicant meets the
registration requirements of this Act, issue the applicant with a certificate of
registration if the applicant—
(a) possesses such knowledge, training and experience as
may be prescribed;
(b) holds a qualification from a training institution recognised
by the Council;
(c) is resident in Zambia, or has an established office or
appointment in Zambia in the teaching profession;
(d) is of good character and good professional standing;
and
(e) meets such other requirements as the Council may
determine.
(e) meets such other requirements as the Council may
determine.
(1) The Council shall, where an applicant meets the
registration requirements of this Act, issue the applicant with a certificate of
registration if the applicant—
(a) possesses such knowledge, training and experience as
may be prescribed;
(b) holds a qualification from a training institution recognised
by the Council;
(c) is resident in Zambia, or has an established office or
appointment in Zambia in the teaching profession;
(d) is of good character and good professional standing;
and
(e) meets such other requirements as the Council may
determine.
(e) meets such other requirements as the Council may
determine.
(2) The Minister may, by statutory instrument, on the
recommendation of the Council, prescribe the qualifications for
registration of a person as a teacher. Disqualification 12. (1) A person shall not qualify for registration as a
from teacher under this Act if the person—
registration
(a) does not possess the prescribed qualifications;
(b) has, for any reason, ceased to practise as a teacher or
been de-registered;
(c) has been convicted of an offence involving fraud or
dishonesty under this Act or any other written law;
(d) has been declared to be of unsound mind under the
Cap.
(d) has been declared to be of unsound mind under the
Cap.
305 Mental Disorders Act;
(e) is an undischarged bankrupt; or
(f) has been found, by the Disciplinary Committee, to be
guilty of professional misconduct. Changes in 13. A person registered under this Act shall notify the Registrar
detail of any change in the particulars relating to the registration, within
seven days of the change.
Cancellation 14. (1) The Council shall cancel the registration of a
of registration teacher if—
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(a) the Council has reasonable grounds to believe that the
registration was obtained through fraud,
misrepresentation or concealment of any material fact;
reasonable grounds to believe that the
registration was obtained through fraud,
misrepresentation or concealment of any material fact;
(b) the teacher is found guilty of professional misconduct
under this Act or the Code of Ethics;
(c) the teacher is convicted of an offence under any written
law and sentenced to imprisonment for a period
exceeding six months without the option of a fine; or
(d) since the registration, circumstances have arisen
disqualifying the teacher from registration.
(2) The Council shall, before cancelling the registration under
subsection (1), give the teacher an opportunity to be heard.
(3) The Council may, before cancelling the registration of a
teacher, suspend the teacher for such period and on such terms
and conditions as the Council may determine.
(4) Where the Council cancels a certificate of registration under
this section, the name of the teacher shall not be restored except
on such conditions as may be prescribed by the Council and upon
payment of the prescribed fee.
15. (1) A teacher shall apply to the Council for a practising
certificate in the prescribed manner and form upon payment of the
prescribed fee.
e.
15. (1) A teacher shall apply to the Council for a practising
certificate in the prescribed manner and form upon payment of the
prescribed fee.
(2) The Council shall, within thirty days of receipt of an application
under subsection (1) and where the application meets such
requirements as may be prescribed, issue the applicant with a
practising certificate.
(3) The Council shall reject an application which does not meet
the requirements of this Act, and shall inform the applicant, in writing,
and give the reasons for the rejection.
16. (1) A practising certificate shall be renewed every three
years in the prescribed manner and form upon payment of the
prescribed fee.
(2) A practising certificate that is not renewed in accordance
with subsection (1) is void.
(3) A teacher who practises or provides any teaching service
during any period in which a practising certificate is void commits
an offence and is liable, upon conviction, to a fine not exceeding
five hundred thousand penalty units or to imprisonment for a period
not exceeding five years, or to both.
17. (1) The Council shall cancel a practising certificate if the
holder—
Application
for
practising
certificate
five years, or to both.
17. (1) The Council shall cancel a practising certificate if the
holder—
Application
for
practising
certificate
Renewal of
practising
certificate
Cancellation
of practising
certificate
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Renewal of
practising
certificate
Cancellation
of practising
certificate
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Renewal of
practising
certificate
Cancellation
of practising
certificate
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160 No. 5 of 2013] Teaching Profession (a) is found guilty of any professional misconduct;
Cap. 305 (b) is declared to be of unsound mind under the Mental
Disorders Act;
(c) is an undischarged bankrupt;
(d) obtained the practising certificate through fraud,
misrepresentation or concealment of a material fact;
(e) commits an offence under this Act or contravenes the
Code of Ethics; or
(f) has been convicted of an offence under any written law
and sentenced to a term of imprisonment exceeding six
months without the option of a fine. (2) The Council shall, before cancelling a practising certificate
under this section, give the holder of the practising certificate
an opportunity to be heard. (3) The Council may, before cancelling the practising certificate
of a teacher, suspend the teacher for such period and on such
terms and conditions as the Council may determine.
cancelling the practising certificate
of a teacher, suspend the teacher for such period and on such
terms and conditions as the Council may determine.
(4) Where a certificate of registration is cancelled under this
Act, the practising certificate held by the holder of the certificate
of registration shall be void and shall be surrendered to the Council. Regulations
relating to
practising
certificates 18. The Minister may, by statutory instrument, on the
recommendation of the Council, make regulations to provide for—
(a) the terms and conditions for the issuance of practising
certificates;
(b) the type of continuing professional development and
training and any other information required for the
issuance of a practising certificate; and
(c) any other matter necessary for purposes of this Act. Conditions
of certificate 19. A certificate issued under this Part shall contain such terms
and conditions as the Council may determine.
tificate 19. A certificate issued under this Part shall contain such terms
and conditions as the Council may determine.
Prohibition of 20. A certificate issued under this Part shall not be transferred
transfer of to a third party.
certificate
Re-registration 21. Where a certificate of registration or practising
certificate has been cancelled or suspended, the holder of the
certificate of registration or practising certificate may, subject to
such terms and conditions as the Council may determine, apply for
reregistration.
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Teaching Profession [No. 5 of 2013 161
22. (1) A person whose certificate of registration or practising Duplicate
certificate is destroyed or lost may apply to the Registrar for a certificate
duplicate certificate in the prescribed manner and form upon
payment of a prescribed fee.
(2) The Registrar may, upon receipt of an application under
subsection (1), issue a duplicate certificate of registration or
practising certificate, as the case may be, to the applicant.
of an application under
subsection (1), issue a duplicate certificate of registration or
practising certificate, as the case may be, to the applicant.
23. (1) The Registrar shall keep and maintain a register of Register
all persons registered under this Act in which the Registrar shall
enter the details and particulars relating to—
(a) registered teachers;
(b) the applications rejected and the reasons for the
rejection; and
(c) any other information as the Council may determine.
(2) The Register shall be kept in the custody of the Registrar
at the offices of the Council, and shall be open for inspection by
members of the public during normal office hours upon payment of
such fees as the Council may determine.
(3) The Registrar may, upon application by any person, issue
to the person a certified extract from the Register or a copy of a
certificate of registration or practising certificate, upon payment of
such fee as the Council may determine.
extract from the Register or a copy of a
certificate of registration or practising certificate, upon payment of
such fee as the Council may determine.
24. (1) The Minister may, on the recommendation of the Removal and
Council, make regulations prescribing the circumstances and restoration of
manner in which a teacher— name on
Register
(a) may be removed from the Register; and
(b) who is removed from the Register, may be restored on
the Register and the fee to be paid for the
restoration.
(2) Subject to subsection (1), a teacher who is removed from
the Register ceases to be registered as a teacher.
(3) The Council may, where a holder of a practising certificate
does not intend to practise for a specified period of time, maintain
the name of the holder of the practising certificate on the Register,
in a nonpractising category, for that period of time.
25. (1) The Registrar shall, on the direction of the Council, Publication
cause copies of the Register and any alterations thereof, or additions of copies
thereto, to be printed and published in such manner and form as the of Register
Council may direct.
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162 No. 5 of 2013] Teaching Profession
o, to be printed and published in such manner and form as the of Register
Council may direct.
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162 No. 5 of 2013] Teaching Profession
(2) Subject to this Act, a copy of the last published and printed
Register shall be evidence admissible in all legal proceedings
of what is contained in that Register and the absence of the
name of a teacher or student from that copy, shall be prima facie
evidence that the teacher or student is not registered.
Holding out 26. (1) A person shall not, unless the person is registered as a
as teacher teacher and holds a practising certificate under this Act—
(a) practise as, be employed as, offer teaching services as,
or hold out to be, a teacher;
(b) adopt, use or exhibit the titles “ registered teacher ” or
any other title or abbreviation of like description; or
bit the titles “ registered teacher ” or
any other title or abbreviation of like description; or
(c) do anything likely to lead persons to infer that the person
is a registered teacher.
(2) A person or body corporate shall not employ or offer
employment to a person requiring registration under this Act.
(3) A teacher shall not permit the teacher’s name to be used
by a person who is not a registered teacher.
(4) A person who contravenes subsection (1), (2) or (3)
commits an offence and is liable, upon conviction, to a fine not
exceeding three hundred thousand penalty units or to imprisonment
for a period not exceeding three years, or to both.
hundred thousand penalty units or to imprisonment
for a period not exceeding three years, or to both.
Offences 27. (1) A person shall not—
regarding
registered (a) make or cause to be made an unauthorised entry,
teachers an alteration or erasure in the Register or a certified
copy of an entry in the Register or a certificate of
registration or other certificate issued under this Act;
(b) impersonate or use the title of a registered teacher while
not registered as such under this Act;
(c) procure, or attempt to procure, registration under this
Act, by fraud, misrepresentation or the concealment of
a material fact; or
Act, by fraud, misrepresentation or the concealment of
a material fact; or
(d) forge a certificate of registration or other certificate
issued under this Act.
(2) A person who contravenes subsection (1) commits an
offence and is liable, upon conviction, to a fine not exceeding seven
hundred thousand penalty units or to imprisonment for a period not
exceeding seven years, or to both.
Recognition 28. (1) The Minister may, on the recommendation of the
of foreign Council, by statutory instrument, recognise any foreign qualifications
qualifications for purposes of registration under this Act.
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for purposes of registration under this Act.
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(2) The Council may register a person as a teacher under this
Act, who is not a citizen of Zambia or is not practising or working
as a teacher in Zambia prior to the application, if that person—
(a) is engaged to work as a teacher in Zambia under an
international agreement entered into by the Government
of the Republic of Zambia; or
(b) undertakes such number of courses as the Council
may determine and passes the final examination for
the courses.
(3) Notwithstanding anything to the contrary in the Immigration
and Deportation Act, 2010, an immigration officer shall not, without
the recommendation of the Council, issue an employment or entry
permit to a person who intends to practise, or be employed, as a
teacher in Zambia.
(4) A person who contravenes this section commits an offence
and is liable, upon conviction, to a fine not exceeding three hundred
thousand penalty units or to imprisonment for a period not exceeding
three years, or to both.
29. (1) A person commits an offence if that person—
thousand penalty units or to imprisonment for a period not exceeding
three years, or to both.
29. (1) A person commits an offence if that person—
(a) makes or causes to be made an unauthorised entry, an
alteration or erasure in a Register or in any other certified
copy of any entry on a Register or a certificate;
(b) procures, or attempts to procure, for that person or any
other person, registration by fraud, false representation
or the concealment of a material fact;
(c) forges or alters any document purporting to be a certificate
of registration, a certified copy of any entry on a Register
or a certificate;
(d) impersonates a registered teacher; or
(e) takes, uses or publishes in any way whatsoever any name,
title, description or symbol in relation to a person who is
not registered under this Act;
and is liable, upon conviction, to a fine not exceeding seven hundred
thousand penalty units or to imprisonment for a period not exceeding
seven years, or to both.
30. (1) A person aggrieved with a decision of the Council may,
within thirty days of service of the decision, appeal to the Minister.
(1) A person aggrieved with a decision of the Council may,
within thirty days of service of the decision, appeal to the Minister.
(2) A person aggrieved with a decision of the Minister may,
within thirty days of service of the decision, appeal to the High
Court.
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PART IV
TRAINING OF TEACHERS
Prohibition of 31. (1) A college of education shall not provide, or hold out as provision of providing, training to prepare students for the teaching profession, unless the training programme is approved by the Council.
unauthorised training programme (2) A college of education that contravenes subsection (1) commits an offence and is liable, upon conviction, to a fine not exceeding three hundred thousand penalty units, and to a fine of fifty thousand penalty units for each day during which the offence continues.
ine not exceeding three hundred thousand penalty units, and to a fine of fifty thousand penalty units for each day during which the offence continues.
Application 32. (1) A college of education that intends to offer training in on for the teaching profession shall apply to the Council for approval of approval of the training programme in the prescribed manner and form upon training payment of a prescribed fee.
programme
(2) The Council may, after review of a proposed training programme and in consultation with the Zambia Qualifications Authority, approve the training programme if the training programme meets the requirements of this Act and if the training programme shall adequately prepare students for the teaching profession.
(3) The Council may accept the successful completion of a training programme approved under subsection (2), as meeting some or all of the requirements for registration in the teaching profession.
(4) The Council shall not, where a college of education uses a training programme which is not approved under this section, accept the training as meeting the requirements of this Act.
college of education uses a training programme which is not approved under this section, accept the training as meeting the requirements of this Act.
Review of 33. The Council shall, at least every five years from the approved date of the approval of a training programme under section training thirty-two, review the approved training programme, including programme the performance of the graduates of the programme.
Withdrawal 34. The Council shall withdraw the approval of a training of approval programme, where it considers that of training programme (a) the training programme no longer meets the requirements of this Act; or
(b) the graduates of the training programme consistently fail to meet the standards required by the teaching profession.
In-service 35. (1) The Council shall, in consultation with the Minister and education the appropriate examining authorities introduce an in-service education and training programme for teachers.
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(2) The Council shall determine the nature and duration of in-
service training that shall be mandatory for all registered teachers.
013 165
(2) The Council shall determine the nature and duration of in-
service training that shall be mandatory for all registered teachers.
36. (1) The Minister may, by statutory instrument, on the
recommendation of the Council, make regulations to provide for
continuing professional development and training to be undertaken
by teachers.
(2) Notwithstanding the generality of subsection (1), the
regulations may provide for—
(a) the nature and extent of continuing professional
development and training to be undertaken by teachers;
(b) the criteria for recognition by the Council of continuing
professional development, the training programme and
college of education for purposes of this Act;
(c) the minimum professional and technical training to be
provided by a training institution to a person who is to
be registered in the teaching profession; and
(d) the requisite infrastructure of colleges of education, the
educational and training curricula, the training equipment
and staffing levels.
37. The Minister may, on the recommendation of the Council,
make regulations prescribing—
(a) the conditions for entry to teacher training and the
duration of the training;
(b) the courses and course structure of the training; and
(a) the conditions for entry to teacher training and the
duration of the training;
(b) the courses and course structure of the training; and
(c) the system of teacher preparation.
PART V
ACCREDITATION OF COLLEGES OF EDUCATION
38. (1) A college of education shall apply to the Council for
accreditation in the prescribed manner and form upon payment of
the prescribed fee.
(2) The Council shall, upon receipt of an application under
subsection (1), direct an inspector to inspect the college of education
in respect of which an application is made in order to determine
whether it meets the requirements for accreditation.
39. (1) The Council shall, within thirty days of receipt of an
application, grant a college of education accreditation if—
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thirty days of receipt of an
application, grant a college of education accreditation if—
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166 No. 5 of 2013] Teaching Profession
(a) its premises, including any hostel or other buildings used
by the learners are suitable and adequate for the
purpose;
(b) it has sufficient and suitable learning resources;
(c) it shall ensure the provision of, and access to, adequate
resources and services required to support the courses,
programmes and other educational activities;
(d) it has a clearly defined and published mission statement;
(e) it offers approved education and training courses;
(f) efficient and suitable instruction is provided at the college
of education, having regard to the standards of
professional competence, effectiveness and
commitment required of a teacher;
(g) the teaching staff employed at the college of education
are sufficiently qualified, experienced, registered and
are adequate for the purpose;
(h) it is managed by experienced and qualified staff;
(i) it has suitable permanent physical structures; and
(j) it complies with the provisions of this Act.
ed by experienced and qualified staff;
(i) it has suitable permanent physical structures; and
(j) it complies with the provisions of this Act.
(2) The Council may grant provisional accreditation to a college
of education, for a period not exceeding one year, where it
determines that the college of education demonstrates reasonable
progress towards full accreditation, but is not in conformity with
accreditation requirements, and it is able to provide the accredited
service in its current condition.
(3) The Minister may, on the recommendation of the Council,
by statutory instrument, make regulations for the accreditation of
colleges of education, including the requirements for staffing,
facilities, equipment, procedures, record keeping, data collection,
staff training and compliance with the prescribed standards of
education and quality assurance.
Refusal to
grant accreditation 40. (1) The Council shall not grant accreditation to a college
of education if the college does not meet the requirements of this
Act.
college
of education if the college does not meet the requirements of this
Act.
(2) The Council shall, where it rejects an application for
accreditation, inform the applicant, in writing, within fourteen days
of such rejection and give the reasons for the rejection.
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Teaching Profession
41. (1) An accreditation granted under section thirty-nine may Renewal of
be renewed in the prescribed manner and form. accreditation
(2) The Council may require reporting of data, including quality
assurance information, as a condition for the renewal of
accreditation.
(3) The Council may cause inspections to be carried out to
confirm continuing compliance with accreditation requirements.
42. (1) The Council shall, where a college of education is in Revocation of
violation of the accreditation requirements, inform it, in writing, of accreditation
the Council’s intention to revoke the accreditation and give it an
opportunity to be heard.
form it, in writing, of accreditation
the Council’s intention to revoke the accreditation and give it an
opportunity to be heard.
(2) The Council shall not revoke the accreditation of a college
of education if it takes remedial measures to the satisfaction of the
Council within such period as the Council may specify.
(3) The Council shall revoke the accreditation of a college of
education if it fails to show cause to the satisfaction of the Council
or to take any remedial measures within the specified period.
(4) A college of education whose accreditation is revoked under
this section shall cease to provide the training in respect of which
the accreditation was granted.
43. A college of education that provides training or holds out Prohibition of
as an accredited college of education without accreditation from training
the Council commits an offence and is liable, upon conviction, to a without
fine not exceeding one million penalty units. accreditation
and is liable, upon conviction, to a without
fine not exceeding one million penalty units. accreditation
44. The Registrar shall keep or cause to be kept a register of Register of
accredited colleges of education. Accredited
College of
Education
PART VI
DISCIPLINARY MATTERS
45.(1) The Teaching Service Commission shall, in consultation Code of
with the Council, prescribe and publish a Code of Ethics for Ethics
teachers.
(2) The Code of Ethics referred to in subsection (1) shall be
published in the Gazette and a daily newspaper of general circulation
in Zambia upon which it shall bind all persons regulated under this
Act.
46. A teacher commits professional misconduct if the Professional
teacher— misconduct
(a) contravenes the provisions of this Act;
(b) engages in conduct that is dishonest, fraudulent or
deceitful;
misconduct
(a) contravenes the provisions of this Act;
(b) engages in conduct that is dishonest, fraudulent or
deceitful;
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168 No. 5 of 2013] Teaching Profession
(c) commits an offence under this Act or any other law and
is sentenced to imprisonment for a period exceeding six
months without the option of a fine;
(d) engages in any conduct that is prejudicial to the teaching
profession or is likely to bring it into disrepute; or
(e) breaches the Code of Ethics or encourages another
teacher to breach or disregard the principles of the Code
of Ethics.
the Code of Ethics or encourages another
teacher to breach or disregard the principles of the Code
of Ethics.
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168 No. 5 of 2013] Teaching Profession
(c) commits an offence under this Act or any other law and
is sentenced to imprisonment for a period exceeding six
months without the option of a fine;
(d) engages in any conduct that is prejudicial to the teaching
profession or is likely to bring it into disrepute; or
(e) breaches the Code of Ethics or encourages another
teacher to breach or disregard the principles of the Code
of Ethics. Initiation of 47. (1) A person who alleges that a teacher has contravened
disciplinary the Code of Ethics or any provision of this Act, may lodge a complaint
action in the case of a teacher employed—
(a) in the public service, with the Teaching Service
Commission; or
(b) in the private sector, with the Disciplinary Committee.
rvice
Commission; or
(b) in the private sector, with the Disciplinary Committee.
(2) The Council or the Teaching Service Commission, as the
case may be, may initiate disciplinary action under this section where
it has reasonable grounds to believe that a teacher has contravened
the Code of Ethics or any provision of this Act. (3) The Council shall, where the Teaching Service Commission
recommends the suspension or removal of a teacher’s name from
the Register, remove that teacher’s name from the Register
accordingly. Disciplinary 48.
the Register, remove that teacher’s name from the Register
accordingly. Disciplinary 48.
(1) The Council shall establish a Disciplinary Committee
Committee which shall comprise the following members:
(a) a Chairperson;
(b) a Vice-Chairperson;
(c) two registered teachers employed in the public service;
(d) one registered teacher employed in the private sector;
(e) a representative of the Teaching Service Commission
serving in the capacity of Commissioner; and
(f) three representatives of the Teachers’ Unions. (2) The Chairperson and Vice-Chairperson of the Disciplinary
Committee shall be legal practitioners qualified to hold, or who
have held, high judicial office. (3) A person shall not be appointed as a member of the
Disciplinary Committee if the person—
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Teaching Profession [No. 5 of 2013 169
appointed as a member of the
Disciplinary Committee if the person—
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Teaching Profession [No. 5 of 2013 169
(a) has committed or been convicted of any professional
misconduct;
(b) is in lawful custody or the person’s freedom of movement
is restricted under any law in force within or outside
Zambia;
(c) has been convicted of an offence under any law and
sentenced to imprisonment for a period exceeding six
months without the option of a fine; or
(d) is declared to be of unsound mind under the Mental Cap. 305
Disorders Act.
(4) A member of the Disciplinary Committee shall hold office
for three years and may be reappointed for a further term of
three years.
(5) A member of the Disciplinary Committee shall not serve for
more than two terms.
(6) The Chairperson, or in the absence of the Chairperson, the
Vice-Chairperson, shall preside at every meeting and sitting of the
Disciplinary Committee.
Chairperson, or in the absence of the Chairperson, the
Vice-Chairperson, shall preside at every meeting and sitting of the
Disciplinary Committee.
49. (1) The functions of the Disciplinary Committee are to hear Functions of
and determine— Disciplinary
Committee
(a) any disciplinary action initiated by the Council against a
teacher employed in the private sector or in private
practice that has contravened any provision of the Code
of Ethics or any provision of this Act; or
(b) any complaint or allegation that a teacher has committed
professional misconduct or contravened a provision of
this Act.
(2) The Disciplinary Committee may publicise, as it may consider
appropriate, the facts relating to any teacher that is found guilty of,
and punished for, professional misconduct.
50. (1) Five members of the Disciplinary Committee shall form Proccedings
a quorum. of Disciplinary
Committee
(2) Any 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.
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.
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170 No. 5 of 2013] Teaching Profession
(3) All proceedings of the Disciplinary Committee shall be in
camera.
(4) The Disciplinary Committee shall cause to be kept a record
of its proceedings.
(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 judgment and a copy thereof shall be supplied
to each party to the proceedings and to every person affected by
the decision.
(7) If a person is present at a sitting or meeting of the
Disciplinary Committee at which any matter is the subject of
consideration, and in which matter the person or that person’s
relative is directly or indirectly interested in a private capacity,
that person shall, as soon as is practicable after the commencement
of the sitting or meeting, disclose the interest and shall not take
part in any consideration or discussion of, or vote on, any question
relating to that matter.
ing or meeting, disclose the interest and shall not take
part in any consideration or discussion of, or vote on, any question
relating to that matter.
(8) A disclosure of interest made under this section shall be
recorded in the minutes of the sitting or meeting at which it is
made.
Powers of 51. (1) The Disciplinary Committee may, for the purposes of
Disciplinary any proceedings, hear and receive evidence and may, under the
Committee hand of the Chairperson of the Disciplinary Committee or the
Registrar, summon witnesses and require the production of any
book, record, document, electronic record or anything required
for the purposes of the proceeding, and may through the
Chairperson or Vice-Chairperson of the Disciplinary Committee,
administer an oath to any witness.
ough the
Chairperson or Vice-Chairperson of the Disciplinary Committee,
administer an oath to any witness.
(2) A person summoned to attend before the Disciplinary
Committee who, without any reasonable excuse—
(a) refuses or fails to attend at the time and place specified
in the summons or, having attended, leaves without the
permission of the Disciplinary Committee;
(b) having attended, refuses to be sworn or to affirm;
(c) refuses to answer fully and satisfactorily to the best of
that person’s knowledge and belief, any question
lawfully put to that person; or
(d) refuses to produce any book, record, document or thing
which that person has been required by summons to
produce;
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Teaching Profession [No. 5 of 2013 173
PART VII
GENERAL PROVISIONS
g Profession [No. 5 of 2013 173
PART VII
GENERAL PROVISIONS
Jurisdiction
over acts 55. (1) The Council or a court of competent jurisdiction shall
committed have jurisdiction over teachers for any act committed outside
outside Zambia which, if it had been committed in Zambia, would have
Zambia been an offence or professional misconduct under this Act.
(2) Any proceedings against a teacher under this section which
would be a bar to subsequent proceedings against the teacher for
the same offence, if the offence had been committed in Zambia,
shall be a bar to further proceedings against the teacher under any
written law relating to the extradition of persons, in respect of the
same offence outside Zambia.
Cap. 98 (3) The Mutual Legal Assistance in Criminal Matters Act shall
apply to proceedings under this Act.
e Zambia.
Cap. 98 (3) The Mutual Legal Assistance in Criminal Matters Act shall
apply to proceedings under this Act.
General 56. A person who contravenes a provision of this Act for which
penalty a specific penalty is not provided, is liable, upon conviction, to a
fine not exceeding five hundred thousand penalty units or to
imprisonment for a period not exceeding five years, or to both.
Offences by 57. Where an offence under this Act is committed by a
body body corporate or an unincorporate body, every director or manager
corporate or of the body corporate or an unincorporate body shall be
unincorporate liable, upon conviction, as if the director or manager had
body personally committed the offence, unless the director or manager
proves to the satisfaction of the court that the act constituting the
offence was done without the knowledge, consent or connivance
of the director or manager or that the director or manager took
reasonable steps to prevent the commission of the offence.
of the director or manager or that the director or manager took
reasonable steps to prevent the commission of the offence.
Guidelines 58. (1) The Council may, in the exercise of its functions under
this Act, issue such guidelines as are necessary for the better
carrying out of the provisions of this Act.
(2) The Council shall publish the guidelines, referred to in
subsection (1), in the Gazette and a daily newspaper of general
circulation in Zambia, and the guidelines shall not take effect until
they are so published.
(3) The guidelines issued by the Council shall bind all persons
regulated under this Act.
Regulations 59. (1) The Minister may, by statutory instrument, make
regulations for the better carrying out of the provisions of this Act.
(2) Notwithstanding the generality of subsection (1), regulations
under that subsection may provide for—
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174 No. 5 of 2013] Teaching Profession
under that subsection may provide for—
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Sure, here is the transcription:
174 No. 5 of 2013] Teaching Profession
(a) the forms, fees payable and the procedure for
applications to be made under this Act;
(b) the information and documents to be submitted in support
of applications to be made under this Act;
(c) the form and the particulars to be entered on the Register;
(d) the form of the certificate of registration and the
conditions under which the certificate of registration is
issued;
(e) the form of the practising certificate and the conditions
under which the practising certificate is issued;
(f) the qualifications for registration of teachers;
(g) the requirements and conditions for the recognition of
local and foreign qualifications accredited by the Council
for purposes of registration under this Act;
(h) continuing professional development for teachers;
(i) the fixing of fees for professional services and any other
fees which are required to be prescribed; and
(j) generally, the carrying into effect of the purposes of this
Act.
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