The Zambia Institute of Human Resource Management Act, 2022

THE ZAMBIA INSTITUTE OF HUMAN RESOURCE
MANAGEMENT ACT, 2022
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section
1. Short title
2. Interpretation
PART II
THE ZAMBIA INSTITUTE OF HUMAN RESOURCE MANAGEMENT
3. Continuation and renaming of Zambia Institute of Human Resources
Management
4. Functions of Institute
5. Constitution of Institute
6. President and Vice-President of Institute
7. Meetings of Institute
8. Council of Institute
9. Functions of Council
10. Registrar and other staff
PART III
REGISTRATION OF PRACTITIONERS AND ISSUANCE OF
PRACTISING CERTIFICATES
11. Prohibition of practising without registration
12. Application for registration as practitioner
13. Determination of application for registration as practitioner
14. Certificate of registration as practitioner
15. Disqualification from registration
16. Title for registered practitioner
17. Change in details
18. Suspension and cancellation of registration
19. Re-registration
20. Prohibition of practising without valid practising certificate
Zambia Institute of Human Resource
Management [No. 3 of 2022 63
Single copies of this Act may be obtained from the Government Printer,
P.O.

ertificate
Zambia Institute of Human Resource
Management [No. 3 of 2022 63
Single copies of this Act may be obtained from the Government Printer,
P.O.

Box 30136, 10101 Lusaka, Price K22.00 each.

Box 30136, 10101 Lusaka, Price K22.00 each.

Zambia Institute of Human Resource
Management64 No. 3 of 2022]
21. Practising certificate
22. Display of practising certificate
23. Renewal of practising certificate
24. Suspension and cancellation of practising certificate
25. Maintenance of non-practising practitioner on register
26. Prohibition of transfer of certificate of registration or practising
certificate
27. Duplicate certificate of registration or practising certificate
28. Surrender of cancelled certificate of registration or practising
certificate
29. Human resource management firm
30. Registers
31. Publication of copies of registers
32. Offences relating to registration, etc. PART IV
DISCIPLINARY MATTERS
33. Code of ethics
34. Professional misconduct
35. Initiation of disciplinary action
36. Professional Conduct Committee
37. Referring of matters to Professional Conduct Committee
38. Functions of Professional Conduct Committee
39. Proceedings of Professional Conduct Committee
40. Sanctions for practitioner by Professional Conduct Committee
41. Disciplinary Committee
42. Functions of Disciplinary Committee
43. Proceedings of Disciplinary Committee
44. Powers of Disciplinary Committee
45.

41. Disciplinary Committee
42. Functions of Disciplinary Committee
43. Proceedings of Disciplinary Committee
44. Powers of Disciplinary Committee
45.

Sanctions for professional misconduct by Disciplinary Committee
46. Reports by Disciplinary Committee
47. Rules relating to disciplinary proceedings

PART V
INSPECTORATE
48. Inspectors
49. Power of entry, search and inspection
PART VI
GENERAL PROVISIONS
50. Enforcement notice
51. False or misleading statement
52. Appeals
53. Jurisdiction over acts committed outside Republic
54. Prohibition of publication or disclosure of information to unauthorised
persons
55. Offences by principal officers of body corporate or unincorporate body
56. Administrative penalty
57. Immunity
58. Guidelines
59. Regulations
60. Repeal of Act No. 11 of 1997 and savings and transitional provisions
SCHEDULES
Zambia Institute of Human Resource
Management [No. 3 of 2022 65

ons
60. Repeal of Act No. 11 of 1997 and savings and transitional provisions
SCHEDULES
Zambia Institute of Human Resource
Management [No. 3 of 2022 65

Zambia Institute of Human Resource
Management [No. 3 of 2022 67
An Act to continue the existence of the Zambia Institute of
Human Resources Management and rename it as the
Zambia Institute of Human Resource Management and
re-define its functions; promote and enhance the human
resource management profession; provide for the
registration of human resource management practitioners
and regulate their practice and professional conduct;
repeal and replace the Zambia Institute of Human
Resources Management Act,1997; and provide for
matters connected with, or incidental to, the foregoing. [12th April, 2022
ENACTED by the Parliament of Zambia. PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Zambia Institute of Human
Resource Management Act, 2022. 2. In this Act, unless the context otherwise requires—
“associate” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“certificate of registration” means the certificate of
registration issued under section 14;
“Chairperson” means the person appointed Chairperson of
the Disciplinary Committee under section 41;
Short title
Enactment
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No.

ointed Chairperson of
the Disciplinary Committee under section 41;
Short title
Enactment
Interpretation
Act No. 3 of
2012
GOVERNMENT OF ZAMBIA
ACT
No.

3 of 2022
Date of Assent: 8th April, 2022

3 of 2022
Date of Assent: 8th April, 2022

“chairperson” means a person appointed as chairperson of a
Professional Conduct Committee under section 36;
“code of ethics” means the code of professional conduct and
ethics adopted and published by the Institute for the purposes
of this Act;
“constitution” means the constitution of the Institute adopted
in accordance with section 5;
“Council” means the Council of the Institute constituted under
section 8;
“council member” means a person elected or nominated as a
council member under section 8;
“Disciplinary Committee “ means the Disciplinary Committee
of the Institute constituted under section 41;
“firm” has the meaning assigned to the word in the Registration
of Business Names Act, 2011;
“Higher Education Authority” means the Higher Education
Authority established under the Higher Education Act, 2013;
“higher education institution” has the meaning assigned to the
words in the Higher Education Act, 2013;
“human resource management” means an application of a
range of principles, practices, systems, processes, policies
and procedures, tools and activities of managing human
resource recognised by the Institute, including strategy and
business management relating to people and organisation
management, organisation design and development,
workforce planning, talent resourcing, performance
management, learning and development, compensation and
benefits, employee and labour relations, human resource
digital and analytics, human resource operations and
administration, human resource audit, labour law compliance
and risk management;
“Institute” means the Zambia Institute of Human Resource
Management continued under section 3;
“Labour Commissioner” has the meaning assigned to the
words in the Employment Code Act, 2019;
Act No.

n Resource
Management continued under section 3;
“Labour Commissioner” has the meaning assigned to the
words in the Employment Code Act, 2019;
Act No.

16 of
2011
Act No. 4 of
2013
Act No. 4 of
2013
Act No. 3 of
2019
Zambia Institute of Human Resource
Management68 No. 3 of 2022]

16 of
2011
Act No. 4 of
2013
Act No. 4 of
2013
Act No. 3 of
2019
Zambia Institute of Human Resource
Management68 No. 3 of 2022]

“Law Association of Zambia” means the Law Association of
Zambia established under 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 under section 4 of the Mental Health Act, 2019;
“member” means a person registered as a member of the
Institute in accordance with the provisions of the constitution
and “membership” shall be construed accordingly;
“practising certificate” means a practising certificate issued
under section 21;
“practitioner” means a human resource management
professional registered in accordance with this Act;
“President” means the person elected as President of the
Institute under section 6;
“professional misconduct” means the conduct referred to
under section 34;
“Professional Conduct Committee” means a Professional
Conduct Committee constituted under section 36;
“register” means a register of the Institute referred to under
section 30;
“Registrar” means the person appointed as Registrar
under section 10;
“relative” has the meaning assigned to the word in the Anti-
Corruption Act, 2012;
“repealed Act” means the Zambia Institute of Human
Resources Management Act, 1997;
“Vice-Chairperson” means the person appointed as Vice-
Chairperson of the Disciplinary Committee under section
41;
“vice-chairperson” means a person appointment as vice-
chairperson of a Professional Conduct Committee under
section 36;
“Vice-President” means the person elected as Vice-President
of the Institute under section 6; and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011.

on 6; and
“Zambia Qualifications Authority” means the Zambia
Qualifications Authority established under the Zambia
Qualifications Authority Act, 2011.

Cap. 31
Cap. 30
Act No. 6 of
2019
Act No. 3 of
2012
Act No. 11
of 1997
Act No. 13 of
2011
Zambia Institute of Human Resource
Management [No. 3 of 2022 69

. 31
Cap. 30
Act No. 6 of
2019
Act No. 3 of
2012
Act No. 11
of 1997
Act No. 13 of
2011
Zambia Institute of Human Resource
Management [No. 3 of 2022 69

PART II
THE ZAMBIA INSTITUTE OF HUMAN RESOURCE MANAGEMENT
3. (1) The Zambia Institute of Human Resources Management
established under the repealed Act is continued as if established
under this Act and is renamed as the Zambia Institute of Human
Resource Management. (2) The Institute 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 the provisions of this Act, to do all
acts and things that a body corporate may, by law, do or perform. (3) The First Schedule applies to the Institute. 4.

rovisions of this Act, to do all
acts and things that a body corporate may, by law, do or perform. (3) The First Schedule applies to the Institute. 4.

(1) The functions of the Institute are to—
(a) advance the human resource management profession and
promote its interest;
(b) register and regulate practitioners;
(c) issue practising certificates to eligible members;
(d) register students of human resource management;
(e) set and enforce professional standards of human resource
management practice;
(f)develop, promote and enforce internationally comparable
human resource management practice standards in the
Republic;
(g) conduct learning programmes accredited by the Higher
Education Authority in human resource management;
(h) provide continuous professional development by
practitioners;
(i) encourage and promote research into a matter affecting
the human resource management profession;
(j)investigate cases of professional misconduct under this Act;
(k) publish a journal of the Institute, and collect, collate and
publish other information of service and interest to the
Institute;
(l) promote public awareness in matters relating to the human
resource management profession;
Continuation
and renaming
of Zambia
Institute of
Human
Resources
Management
Functions of
Institute
Zambia Institute of Human Resource
Management70 No. 3 of 2022]

n
and renaming
of Zambia
Institute of
Human
Resources
Management
Functions of
Institute
Zambia Institute of Human Resource
Management70 No. 3 of 2022]

(m) promote awareness among practitioners in matters relating
to human resource management education, practice and
regulation;
(n) enforce continuing professional development requirements
for practitioners; and
(o) collaborate with higher education institutions, Government
departments and other institutions to improve the quality
of the human resource management profession. (2) The Institute may—
(a) determine the fees payable for an inspection conducted or
other services rendered for the purposes of this Act;
and
(b) determine what portion of any fee is payable in respect of
any part of a year and the date on which the fee or
portion of the fee is payable. 5. (1) The Institute shall, by a vote of at least two-thirds of the
members voting at a general meeting of the Institute, 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 Institute.

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

(3) The constitution may provide for the—
(a) meetings of the Institute, including the delivery of notices
of the meetings, the quorum, voting, adjournments and
other matters of procedure or conduct of the meetings;
(b) election and qualifications of the office of President, Vice-
President and other office bearers of the Council;
(c) composition, functions, powers and procedures of the
committees of the Institute;
(d) classes of membership and their rights, privileges and
obligations; and
(e) any other matter that the membership may determine. 6. The members shall elect the President and Vice-President
of the Institute in accordance with the provisions of the constitution. Constitution
of Institute
President
and Vice-
President of
Institute
Zambia Institute of Human Resource
Management [No. 3 of 2022 71

the constitution. Constitution
of Institute
President
and Vice-
President of
Institute
Zambia Institute of Human Resource
Management [No. 3 of 2022 71

7. (1) Subject to this Act, the Institute may regulate its own
procedure. (2) The meetings of the Institute shall be conducted in
accordance with the provisions of the constitution. 8. (1) There is constituted the Council of the Institute which
shall perform the functions of the Institute. (2) The Council shall consist of the following council members
nominated or elected in accordance with the provisions of the
constitution:
(a) the President of the Institute;
(b) the Vice-President of the Institute;
(c) the Treasurer;
(d) the Honorary Secretary;
(e) a representative of the Law Association of Zambia;
(f) a representative of the Labour Commissioner; and
(g) three other practitioners. (3) The President and Vice-President of the Institute shall be
the chairperson and vice-chairperson of the Council, respectively. (4) A person shall not be elected or nominated as a council
member if that person is—
(a) found guilty of professional misconduct under this Act;
(b) convicted of an offence under this Act;
(c) an undischarged bankrupt;
(d) legally disqualified;
(e) convicted of an offence involving fraud or dishonesty; or
(f) an employee of the Institute.

c) an undischarged bankrupt;
(d) legally disqualified;
(e) convicted of an offence involving fraud or dishonesty; or
(f) an employee of the Institute.

(5) The First Schedule applies to the Council. 9. (1) The functions of the Council are to perform the executive
functions of the Institute. (2) Despite the generality of subsection (1), the functions of
the Council are to—
(a) approve the policies, programmes and strategies of the
Institute;
(b) approve the annual work plan, action plans, activities and
reports of the Institute;
Meetings of
Institute
Council of
Institute
Functions of
Council
Zambia Institute of Human Resource
Management72 No. 3 of 2022]

ports of the Institute;
Meetings of
Institute
Council of
Institute
Functions of
Council
Zambia Institute of Human Resource
Management72 No. 3 of 2022]

(c) approve the annual budget estimates and financial
statements of the Institute;
(d) monitor and evaluate the performance of the Institute
against budgets and plans; and
(e) advise the Minister on matters relating to human resource
management practice. (3) The Council may, by direction in writing and on conditions
that the Council considers necessary, delegate to the Registrar any
of its functions under this Act. 10. (1) The Council shall appoint a Registrar who shall be—
(a) the chief executive officer of the Institute and Secretary
to the Council; and
(b) responsible for the day-to-day administration of the Institute. (2) The Registrar shall attend meetings of the Council or a
committee of the Council and may address those meetings but shall
have no vote. (3) The Council shall appoint other staff of the Institute that
the Council considers necessary for the performance of the functions
of the Institute. (4) The Council shall determine the conditions of service and
emoluments of the Registrar and other staff of the Institute. PART III
REGISTRATION OF PRACTITIONERS AND ISSUANCE OF PRACTISING
CERTIFICATES
11.

e and
emoluments of the Registrar and other staff of the Institute. PART III
REGISTRATION OF PRACTITIONERS AND ISSUANCE OF PRACTISING
CERTIFICATES
11.

(1) A person shall not be employed or practice as a
practitioner unless that person is registered as a practitioner in
accordance with this Act. (2) A person who contravenes subsection (1) 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. 12. (1) A person who intends to be employed or to practice
as a practitioner in the Republic shall apply to the Institute for
registration in the prescribed manner and form on payment of a
prescribed fee. Registrar
and other
staff
Prohibition
of practising
without
registration
Application
for
registration
as
practitioner
Zambia Institute of Human Resource
Management [No. 3 of 2022 73

bition
of practising
without
registration
Application
for
registration
as
practitioner
Zambia Institute of Human Resource
Management [No. 3 of 2022 73

(2) The Institute may determine different fees for different
classes of practitioners. (3) The Institute may, within thirty days of receipt of an
application under subsection (1), grant or reject the application. (4) The Institute shall, where it rejects an application under
subsection (3), inform the applicant and give reasons for the
decision. 13. The Institute shall, in considering an application made under
section 12, be satisfied that the applicant —
(a) is registered as a member in accordance with the provisions
of the constitution;
(b) possesses knowledge, training and experience that may
be prescribed;
(c) holds a qualification recognised and validated by the
Zambia Qualifications Authority;
(d) is a citizen or is resident in the Republic and has an
established office or appointment in the Republic in the
human resource management profession;
(e) is of good character and good professional standing; and
(f) meets other requirements that the Minister may, on the
recommendation of the Institute, prescribe by statutory
instrument. 14.

ional standing; and
(f) meets other requirements that the Minister may, on the
recommendation of the Institute, prescribe by statutory
instrument. 14.

(1) The Institute shall issue a practitioner with a certificate
of registration in the prescribed form showing the practitioner’s
class of membership. (2) A certificate of registration shall remain the property of
the Institute and shall have an unlimited period of validity, unless
suspended or cancelled under this Act. 15. A person shall not qualify for registration as a practitioner
if that person is—
(a) convicted of an offence involving fraud or dishonesty under
this Act or any other written law in the preceding five
years prior to the registration;
(b) legally disqualified;
(c) an undischarged bankrupt; or
Determination
of
application
for
registration
as
practitioner
Certificate of
registration
as
practitioner
Disqualification
from
registration
Zambia Institute of Human Resource
Management74 No. 3 of 2022]

titioner
Certificate of
registration
as
practitioner
Disqualification
from
registration
Zambia Institute of Human Resource
Management74 No. 3 of 2022]

(d) found guilty of professional misconduct by the Disciplinary
Committee and the Disciplinary Committee orders the
cancellation of the certificate of registration of that
practitioner. 16. A registered practitioner shall use the title or designation
as prescribed in the constitution. 17. A practitioner 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.

egistered 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 Institute may suspend or cancel
the registration of a practitioner where—
(a) the Institute has reasonable grounds to believe that the
registration was obtained through fraud,
misrepresentation or concealment of a material fact;
(b) the practitioner is found guilty of professional misconduct
under this Act or the code of ethics and the Disciplinary
Committee orders the suspension or cancellation of the
practitioner’s certificate of registration;
(c) the practitioner 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) since the registration, circumstances have arisen
disqualifying the practitioner from registration. (2) The Institute shall, before suspending or cancelling the
registration under subsection (1), give the practitioner an opportunity
to be heard. (3) The Institute may, before cancelling the registration of a
practitioner suspend the practitioner for a specified period and on
terms and conditions that the Institute may determine.

lling the registration of a
practitioner suspend the practitioner for a specified period and on
terms and conditions that the Institute may determine.

(4) Where the Institute cancels the registration of a practitioner
under this section, the name of the practitioner shall be removed
from the register and shall not be restored except on conditions
that may be prescribed, and on payment of a prescribed fee. 19. Where a certificate of registration is cancelled under
section 18, the holder of the certificate of registration may, subject
to the terms and conditions that the Institute may determine, apply
for re-registration. Title for
registered
practitioner
Change in
details
Suspension
and
cancellation
of
registration
Re-
registration
Zambia Institute of Human Resource
Management [No. 3 of 2022 75

itioner
Change in
details
Suspension
and
cancellation
of
registration
Re-
registration
Zambia Institute of Human Resource
Management [No. 3 of 2022 75

20. (1) A person shall not practice as a practitioner without a
valid practising certificate issued to that person by the Institute
under this Act. (2) A person shall not offer employment to a person who does
not hold a valid practising certificate issued 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. 21. (1) A registered practitioner shall apply to the Institute for
a practising certificate in the prescribed manner and form on
payment of a prescribed fee. (2) The Institute shall, where the applicant meets the
requirements of this Act, within thirty days of the receipt of an
application under subsection (1), issue the applicant with a practising
certificate in the prescribed form.

t, within thirty days of the receipt of an
application under subsection (1), issue the applicant with a practising
certificate in the prescribed form.

(3) The Minister may, by statutory instrument, on the
recommendation of the Institute, make Regulations to provide for -
(a) the terms and conditions for the issuance of a practising
certificate;
(b) the type of continuous professional development and
training and any other information required for the
issuance of a practising certificate; and
(c) any other matter necessary for the purposes of this Act. 22. A holder of a practising certificate shall display the practising
certificate in a conspicuous place at the place of practice. 23. (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. 24.

cribed manner and form on payment of a prescribed fee. (2) A practising certificate that is not renewed in accordance
with subsection (1) is void. 24.

(1) Subject to this Act, the Institute may suspend or cancel
a practising certificate if the holder—
(a) is found guilty of professional misconduct and the
Disciplinary Committee orders the suspension or
cancellation of the practising certificate;
Prohibition
of practising
without valid
practising
certificate
Practising
certificate
Display of
practising
certificate
Renewal of
practising
certificate
Suspension
and
cancellation
of practising
certificate
Zambia Institute of Human Resource
Management76 No. 3 of 2022]

Renewal of
practising
certificate
Suspension
and
cancellation
of practising
certificate
Zambia Institute of Human Resource
Management76 No. 3 of 2022]

(b) 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;
(c) becomes legally disqualified;
(d) is an undischarged bankrupt;
(e) obtained the practising certificate through fraud,
misrepresentation or concealment of a material fact; or
(f ) is de-registered under this Act. (2) The Institute shall, before suspending or cancelling the
practising certificate of a practitioner under this section, give the
practitioner an opportunity to be heard. (3) The Institute may, before cancelling the practising certificate
of a practitioner, suspend the practitioner for a specified period and
on terms and conditions that the Institute may determine. (4) Where a certificate of registration is cancelled under this
Part, the practising certificate of the holder of the certificate of
registration shall be void. 25. The Institute 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, for that period of time. 26.

iod of time, maintain
the name of the holder of the practising certificate on the register,
in a non-practising category, for that period of time. 26.

A certificate of registration or practising certificate issued
under this Part shall not be transferred to a third party. 27. (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 fourteen days of receipt of an
application under subsection (1), issue a duplicate certificate of
registration or practising certificate to the applicant. 28. A practitioner whose certificate of registration or practising
certificate is cancelled shall, within seven days of being notified of
the cancellation, surrender the certificate of registration or practising
certificate to the Institute. Maintenance
of non-
practising
practitioner
on register
Prohibition
of transfer of
certificate of
registration
or practising
certificate
Duplicate
certificate of
registration
or practising
certificate
Surrender of
cancelled
certificate of
registration
or practising
certificate
Zambia Institute of Human Resource
Management [No. 3 of 2022 77

rtificate
Surrender of
cancelled
certificate of
registration
or practising
certificate
Zambia Institute of Human Resource
Management [No. 3 of 2022 77

29. (1) A person who registers a human resource management
firm under the Registration of Business Names Act, 2011, the
Companies Act, 2017, or any other written law, shall register the
human resource management firm with the Institute in the
prescribed manner and form on payment of a prescribed fee. (2) The Council shall register a human resource management
firm by entering in the register, the name of the human resource
management firm as registered under subsection (1) together with
the name of each partner or director of the human resource
management firm and any other information that may be prescribed. (3) The Minister may, by statutory instrument, on the
recommendation of the Institute, make regulations to provide for —
(a) the terms and conditions for the issuance of a certificate
of registration as a human resource management firm;
(b) the circumstances on which the registration under this
section may be suspended or cancelled; and
(c) any other matter necessary for the purposes of this section. 30.

s on which the registration under this
section may be suspended or cancelled; and
(c) any other matter necessary for the purposes of this section. 30.

(1) The Institute shall keep and maintain registers of —
(a) members;
(b) registered practitioners;
(c) the holders of practising certificates and persons whose
practising certificates have been cancelled;
(d) human resource management firms;
(e) the applications rejected and reasons for the rejection;
(f) students of human resource management; and
(g) any other information that the Institute may determine. (2) The registers referred to under subsection (1) shall contain
particulars that may be prescribed. (3) The registers shall be kept in the custody of the Registrar
at the offices of the Institute and shall be open for inspection to
members of the public during normal office hours on payment of a
fee that the Institute may determine. (4) The Registrar shall, on an application by any person, issue
to the person a certified extract from the registers or a copy of a
certificate of registration or practising certificate, on payment of a
fee as the Institute may determine. Human
resource
management
firm
Act No. 16
of 2011
Act No. 10
of 2017
Registers
Zambia Institute of Human Resource
Management78 No. 3 of 2022]

termine. Human
resource
management
firm
Act No. 16
of 2011
Act No. 10
of 2017
Registers
Zambia Institute of Human Resource
Management78 No. 3 of 2022]

31. (1) The Registrar shall, on the direction of the Council,
cause copies of any of the registers, including alterations of, or
additions to those registers, 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 in legal proceedings of what
is contained in that register and the absence of the name of a
practitioner, member or student from that copy, is prima facie
evidence that the person is not registered as a practitioner, member
or student. 32.

a
practitioner, member or student from that copy, is prima facie
evidence that the person is not registered as a practitioner, member
or student. 32.

(1) A person shall not—
(a) make or cause to be made, an unauthorised entry, alteration
or erasure on a register, certificate of registration or
practising certificate, or on a certified copy of a register,
certificate of registration or practising certificate;
(b) procure or attempt to procure registration under this Act
by fraud, misrepresentation or the concealment of a
material fact;
(c) impersonate a registered practitioner or use the title or
designation of a registered practitioner while not
registered as a practitioner under this Act; or
(d) forge a certificate of registration, practising certificate or
other document issued under this Act. (2) A person who contravenes subsection (1) 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. PART IV
DISCIPLINARY MATTERS
33. The Council shall adopt and publish a code of ethics for
practitioners, which shall bind practitioners regulated under this Act. 34.

INARY MATTERS
33. The Council shall adopt and publish a code of ethics for
practitioners, which shall bind practitioners regulated under this Act. 34.

A practitioner commits professional misconduct if the
practitioner—
(a) contravenes a provision of this Act;
(b) unlawfully discloses or uses to the practitioner’s advantage
any information acquired in the practice of the
practitioner;
Publication
of copies of
registers
Offences
relating to
registration,
etc. Code of ethics
Professional
misconduct
Zambia Institute of Human Resource
Management [No. 3 of 2022 79

gisters
Offences
relating to
registration,
etc. Code of ethics
Professional
misconduct
Zambia Institute of Human Resource
Management [No. 3 of 2022 79

(c) engages in conduct that is dishonest, fraudulent or deceitful;
or
(d) breaches the code of ethics or encourages another
practitioner to breach or disregard the code of ethics. 35. (1) A person may lodge a complaint with the Institute
against a practitioner where that person alleges that the practitioner
has contravened the code of ethics or any provision of this Act. (2) The Institute may initiate disciplinary action under this
section where the Institute has reasonable grounds to believe that
a practitioner has contravened the code of ethics or any provision
of this Act. (3) A complaint or allegation shall be made to the Registrar in
the prescribed manner and form. 36. (1) The Council shall constitute an ad hoc Professional
Conduct Committee for each province, and progressively in each
district consisting of the following part-time members:
(a) not more than four members who are registered as
practitioners; and
(b) a legal practitioner nominated by the Law Association of
Zambia. (2) The members shall elect the chairperson and vice-
chairperson among the persons referred to under subsection (1)(a).

he Law Association of
Zambia. (2) The members shall elect the chairperson and vice-
chairperson among the persons referred to under subsection (1)(a).

(3) A person shall not be appointed as a member of the
Professional Conduct Committee if that person is—
(a) found guilty of professional misconduct under this Act;
(b) an undischarged bankrupt;
(c) legally disqualified; or
(d) is convicted of an offence under any other written law
and sentenced to imprisonment for a term exceeding
six months without the option of a fine. (4) A member of the Professional Conduct Committee shall
hold office for a term of two years and may be appointed for a
further and final term of two years. Initiation of
disciplinary
action
Professional
Conduct
Committee
Zambia Institute of Human Resource
Management80 No. 3 of 2022]

nal term of two years. Initiation of
disciplinary
action
Professional
Conduct
Committee
Zambia Institute of Human Resource
Management80 No. 3 of 2022]

(5) A member shall, on expiration of the term for which the
member is appointed, continue to hold office until another member
is appointed, but in no case shall an extension of the period exceed
three months. (6) The office of a member becomes vacant if the member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) is absent from three consecutive meetings of the
Professional Conduct Committee of which the member
has notice, without the prior approval of the Professional
Conduct 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 any other written law
and sentenced to imprisonment for a term exceeding six
months without the option of a fine. (7) The Council shall, where there is a vacancy in the
membership of the Professional Conduct 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.

Except as otherwise expressly stated, before a matter is
referred to the Disciplinary Committee, the Institute shall in the
prescribed manner refer that matter for investigation by a
Professional Conduct Committee. 38. (1) A Professional Conduct Committee shall investigate a
matter referred to it by the Institute. (2) Where a case has been referred to a Professional Conduct
Committee, that Committee shall consider the case and subject to
the provisions of this section, determine either that—
Referring of
matters to
Professional
Conduct
Committee
Functions of
Professional
Conduct
Committee
Zambia Institute of Human Resource
Management [No. 3 of 2022 81

matters to
Professional
Conduct
Committee
Functions of
Professional
Conduct
Committee
Zambia Institute of Human Resource
Management [No. 3 of 2022 81

(a) no inquiry shall be held in the case by the Disciplinary
Committee; or
(b) the matter in question shall, in whole or in part, be referred
to the Disciplinary Committee for inquiry. (3) Where the Professional Conduct Committee determines
that no inquiry shall be held in a case by the Disciplinary Committee,
the Registrar shall inform the complainant, if any, and the practitioner
of the decision of the Professional Conduct Committee on terms
that the Professional Conduct Committee may direct. (4) The Professional Conduct Committee shall, if it considers
it just, cause further investigations to be done, or obtain advise or
assistance from any person that the Professional Conduct
Committee considers necessary. (5) Where a Professional Conduct Committee determines that
further investigations are necessary, or where at the time when a
Professional Conduct Committee is considering the case no
explanation has been furnished by the practitioner against whom a
complaint has been lodged, the Professional Conduct Committee
may make a provisional determination that the matter, in whole or
in part, be referred to the Disciplinary Committee.

e Professional Conduct Committee
may make a provisional determination that the matter, in whole or
in part, be referred to the Disciplinary Committee.

(6) The chairperson may, where a Professional Conduct
Committee makes a provisional determination in accordance with
subsection (5) and further investigations are concluded or an
explanation is subsequently furnished by the practitioner, in
consultation with the members of the Professional Conduct
Committee and on the opinion of the majority of the members of
the Professional Conduct Committee, direct that—
(a) an inquiry shall not be held in the case by the Disciplinary
Committee; or
(b) the matter be referred to the Disciplinary Committee for
inquiry. (7) The Registrar shall, where a direction is given in accordance
with subsection (6)(a), inform the complainant, if any, and the
practitioner of the decision of the Professional Conduct Committee
on terms that the Professional Conduct Committee may direct. Zambia Institute of Human Resource
Management82 No. 3 of 2022]

essional Conduct Committee
on terms that the Professional Conduct Committee may direct. Zambia Institute of Human Resource
Management82 No. 3 of 2022]

39. (1) Subject to this Act, a Professional Conduct Committee
may regulate its own procedure. (2) Three members of a Professional Conduct Committee shall
form a quorum at a meeting or sitting of a Professional Conduct
Committee. (3) There shall preside at a meeting or sitting of a Professional
Conduct Committee—
(a) the chairperson;
(b) in the absence of the chairperson, the vice-chairperson;
or
(c) in the absence of both the chairperson and the vice-
chairperson, another member that the members present
shall elect for the purpose of that meeting. (4) A question at a sitting or meeting of a Professional Conduct
Committee shall be decided by a majority of the members present
at a 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. (5) A party to a hearing of a Professional Conduct Committee
may appear in person or be represented by a legal practitioner or,
if the party so elects, by any other person.

ng of a Professional Conduct Committee
may appear in person or be represented by a legal practitioner or,
if the party so elects, by any other person.

(6) A person who is present at a meeting or sitting of a
Professional Conduct 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 or sitting, disclose that interest and shall not, unless
the Professional Conduct Committee otherwise directs, take part
in any consideration or discussion of, or vote on, any question relating
to that matter. (7) A disclosure of interest made under this section shall be
recorded in the minutes of the meeting or sitting at which it is
made. (8) A Professional Conduct Committee shall cause to be kept
a record of its proceedings. 40.

he minutes of the meeting or sitting at which it is
made. (8) A Professional Conduct Committee shall cause to be kept
a record of its proceedings. 40.

The Professional Conduct Committee may, where the
Professional Conduct Committee determines that no inquiry shall
be held in the case by the Disciplinary Committee but finds a
practitioner guilty of professional misconduct, impose any of the
following sanctions:
(a) counselling, mentorship or censure of the practitioner;
(b) cautioning the practitioner;
Proceedings
of
Professional
Conduct
Committee
Sanctions for
practitioner
by
Professional
Conduct
Committee
Zambia Institute of Human Resource
Management [No. 3 of 2022 83

ssional
Conduct
Committee
Sanctions for
practitioner
by
Professional
Conduct
Committee
Zambia Institute of Human Resource
Management [No. 3 of 2022 83

(c) that the practitioner pays an administrative penalty not
exceeding fifty thousand penalty units to the Institute;
(d) that the practitioner pays to the Institute or any other
party to the hearing any costs of, or incidental to, the
proceedings;
(e) retraining or rehabilitation of the practitioner; or
(f)suspend the practicing certificate or certificate of
registration of the practitioner for a period not exceeding
twelve months. 41. (1) The Council shall constitute a Disciplinary Committee
consisting of the following part-time members:
(a) the Chairperson;
(b) the Vice-Chairperson;
(c) four practitioners, at least one of whom shall be from the
public sector, who have been in practice for at least ten
years and are not members of the Council; and
(d) a legal practitioner nominated by the Law Association of
Zambia. (2) The Chairperson and Vice-Chairperson shall be legal
practitioners qualified to hold high judicial office.

inated by the Law Association of
Zambia. (2) The Chairperson and Vice-Chairperson shall be legal
practitioners qualified to hold high judicial office.

(3) A person shall not be appointed as a member of the
Disciplinary Committee if that person—
(a) is found guilty of professional misconduct under this Act;
(b) is an undischarged bankrupt;
(c) is legally disqualified;
(d) in the case of a member under subsection (1)(c), has not
been on the register of practitioners for at least ten years
preceding the appointment; or
(e) is convicted of an offence under any other written law
and sentenced to imprisonment for a period exceeding
six months without the option of a fine. (4) A member of the Disciplinary Committee shall hold office
for a term of two years and may be re appointed for a further and
final term of two years. Disciplinary
Committee
Zambia Institute of Human Resource
Management84 No. 3 of 2022]

d may be re appointed for a further and
final term of two years. Disciplinary
Committee
Zambia Institute of Human Resource
Management84 No. 3 of 2022]

(5) A member shall, on expiration of the term for which the
member is appointed continue to hold office until another member
is appointed but in no case shall an extension of the period exceed
three months. (6) The office of a member becomes vacant if the 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 has 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 duties of a
member of the Disciplinary Committee;
(f) is found guilty of professional misconduct;
(g) is de-registered under this Act or any other written law;
or
(h) is convicted of an offence under any other written law
and sentenced to imprisonment for a term exceeding six
months without the option of a fine. (7) 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.

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.

(8) The Registrar shall be the Secretary to the Disciplinary
Committee but shall not vote on any matter before the Disciplinary
Committee. 42. (1) The functions of the Disciplinary Committee are to hear
and determine—
(a) any complaint referred to the Disciplinary Committee by
a Professional Conduct Committee against a practitioner;
or
(b) a disciplinary action initiated against a practitioner under
Functions of
Disciplinary
Committee
Zambia Institute of Human Resource
Management [No. 3 of 2022 85

nary action initiated against a practitioner under
Functions of
Disciplinary
Committee
Zambia Institute of Human Resource
Management [No. 3 of 2022 85

section 35(2). (2) The Disciplinary Committee may publicise as the
Disciplinary Committee considers appropriate, the facts relating to
a practitioner who is found guilty of, and punished for, professional
misconduct. 43. (1) Subject to the other provisions of this Act, the
Disciplinary Committee may regulate its own procedure. (2) Five members of the Disciplinary Committee shall form a
quorum at a meeting or sitting of the Disciplinary Committee. (3) The Chairperson, or in the absence of the Chairperson,
the Vice-Chairperson shall preside at a meeting or sitting of the
Disciplinary Committee. (4) A question at a meeting or sitting of the Disciplinary
Committee shall be decided by a majority of the members present
at the meeting or sitting of the Disciplinary Committee and in the
event of an equality of votes, the person presiding at the meeting
or sitting shall have a casting vote in addition to that person’s
deliberative vote. (5) The proceedings of the Disciplinary Committee shall be in
camera. (6) 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.

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.

(7) A decision of the Disciplinary Committee shall be in the
form of a reasoned judgment and a copy of the judgment shall be
supplied to each party to the proceedings and to every person
affected by the decision. (8) If a person is present at a meeting or sitting of the
Disciplinary Committee at which any 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, that person shall, as soon as is practicable after the
commencement of the meeting or sitting, disclose the interest and
shall not, unless the Disciplinary Committee otherwise directs, take
part in any consideration or discussion of, or vote on, any question
relating to that matter. (9) A disclosure of interest made under this section shall be
Proceedings
of
Disciplinary
Committee
Zambia Institute of Human Resource
Management86 No. 3 of 2022]

sure of interest made under this section shall be
Proceedings
of
Disciplinary
Committee
Zambia Institute of Human Resource
Management86 No. 3 of 2022]

recorded in the minutes of the meeting or sitting at which it is
made. (10) The Disciplinary Committee shall cause to be kept a record
of its proceedings. 44. (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 the best of that person’s knowledge and
belief, a question lawfully put to that person; or
(d) refuse to produce a book, record, document or thing which
that person has been required by summons to produce.

ion lawfully put to that person; or
(d) refuse to produce a book, record, document or thing which
that person has been required by summons to produce.

(3) A person who contravenes subsection (2) commits an
offence and is liable, on conviction, for that refusal or failure, 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 any 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 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 any hearing before the Disciplinary
Committee, be conclusive evidence of the fact so found. (7) The Disciplinary Committee shall, where the Disciplinary
Committee has reasonable cause to believe that a practitioner is
Powers of
Disciplinary
Committee
Act No. 6 of
2019
Cap. 87
Zambia Institute of Human Resource
Management [No. 3 of 2022 87

ieve that a practitioner is
Powers of
Disciplinary
Committee
Act No. 6 of
2019
Cap. 87
Zambia Institute of Human Resource
Management [No. 3 of 2022 87

legally disqualified, refer the matter for determination in accordance
with the Mental Health Act, 2019. (8) The Disciplinary Committee shall, where a determination
is made in accordance with the Mental Health Act, 2019, that a
practitioner is legally disqualified, suspend the practising certificate
of the practitioner. (9) The Disciplinary Committee shall, where the Disciplinary
Committee finds, after due inquiry, that a practitioner is not guilty
of professional misconduct, record a finding that the practitioner is
not guilty of the conduct to which the charge relates and dismiss
the charge. (10) The Disciplinary Committee may, for the purpose of any
proceedings, use assessors or experts as the Disciplinary
Committee considers necessary. 45.

0) The Disciplinary Committee may, for the purpose of any
proceedings, use assessors or experts as the Disciplinary
Committee considers necessary. 45.

The Disciplinary Committee shall, where the Disciplinary
Committee finds a practitioner guilty of professional misconduct,
after due inquiry, impose one or more of the following penalties:
(a) order the cancellation of the practitioner’s practising
certificate or certificate of registration;
(b) order the suspension of the certificate of registration or
practitising certificate for a specified period and on
conditions as determined by the Disciplinary Committee;
(c) censure the practitioner;
(d) caution the practitioner;
(e) impose an administrative penalty, not exceeding one
hundred thousand penalty units, to be paid to the
Institute;
(f) order that the practitioner be re-trained or rehabilitated;
(g) order the practitioner to pay to the Institute or to a party
to the hearing the costs of, or incidental to, the
proceedings; or
(h) order the practitioner to pay any party to the hearing or
any other person, as restitution, the amount of loss
caused by that person’s negligence. Sanctions for
professional
misconduct
by
Disciplinary
Committee
Reports by
Disciplinary
Committee
Act No. 6 of
2019
Zambia Institute of Human Resource
Management88 No. 3 of 2022]

isconduct
by
Disciplinary
Committee
Reports by
Disciplinary
Committee
Act No. 6 of
2019
Zambia Institute of Human Resource
Management88 No. 3 of 2022]

46. The Disciplinary Committee shall, within fourteen days from
the completion of a hearing, submit to the Council a report of the
proceedings together with a copy of the record. 47. (1) The Chief Justice may, by statutory instrument, make
rules relating to the—
(a) manner and form for lodging of complaints under this Part;
(b) mode of summoning persons before the Disciplinary
Committee;
(c) manner and form of service of a summons requiring the
attendance of a witness before the Disciplinary
Committee and the production of a book, record,
document or thing;
(d) procedure to be followed and rules of evidence to be
observed in proceedings before the Disciplinary
committee; and
(e) functions of assessors and experts to the Disciplinary
Committee.

of evidence to be
observed in proceedings before the Disciplinary
committee; and
(e) functions of assessors and experts to the Disciplinary
Committee.

(2) Rules made under subsection (1) 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 a Professional
Conduct Committee, and investigated by the Institute;
(b) for securing notices for the proceedings and specifying
the time and manner of the 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 V
INSPECTORATE
48. (1) The Council shall appoint suitably qualified persons as
inspectors to ensure compliance with this Act. (2) The Council shall provide an inspector with an identification
card which shall be prima facie evidence of the inspector’s
appointment as inspector. (3) An inspector shall, in performing a function under this Act—
(a) be in possession of the identification card referred to under
subsection (2); and
Rules relating
to
disciplinary
proceedings
Inspectors
Zambia Institute of Human Resource
Management [No. 3 of 2022 89

red to under
subsection (2); and
Rules relating
to
disciplinary
proceedings
Inspectors
Zambia Institute of Human Resource
Management [No. 3 of 2022 89

(b) show the identification card to a person who requests to
see the identification card or is the subject of an
investigation under this Act. 49. (1) 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;
(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 inquiries that 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.

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.

(2) A court may issue a warrant on application by an inspector
if it appears from written information given by that inspector, on
oath or affirmation, that there are reasonable grounds to believe
that this Act has been or is likely to be contravened. (3) An inspector who removes anything from any premises
shall—
(a) issue a receipt for anything removed to the owner or the
person in control of the premises; and
(b) return anything removed as soon as practicable after the
thing removed has served the purpose for which it was
removed. (4) A person commits an offence if that person—
(a) delays or obstructs an inspector in the performance of the
inspector’s functions under this Act;
Power of
entry, search
and
inspection
Zambia Institute of Human Resource
Management90 No. 3 of 2022]

ance of the
inspector’s functions under this Act;
Power of
entry, search
and
inspection
Zambia Institute of Human Resource
Management90 No. 3 of 2022]

(b) refuses to give an inspector reasonable assistance as the
inspector may require for the purpose of performing the
inspector’s functions;
(c) impersonates an inspector or presents oneself to be an
inspector; or
(d) wilfully gives an inspector false or misleading information
in answer to an inquiry made by the inspector. (5) A person who contravenes subsection (4) is liable, on
conviction, to a fine not exceeding three hundred thousand penalty
units or to imprisonment for a term not exceeding three years, or to
both. (6) An inspector shall furnish the Council with a written report
and any other information relating to an inspection. PART VI
GENERAL PROVISIONS
50. (1) The Institute may, where a practice or human resource
management firm is operated in contravention of this Act, by notice
served on a practitioner or human resource management firm, direct
the practitioner or human resource management firm to take, within
a specified period, measures or steps as the Institute may direct. (2) The Institute shall, within seven days after serving the notice
referred to in subsection (1), publish the notice in a daily newspaper
of general circulation in the Republic.

hin seven days after serving the notice
referred to in subsection (1), publish the notice in a daily newspaper
of general circulation in the Republic.

(3) The Institute may, where the practitioner or human resource
management firm fails, without reasonable cause, to comply with
an enforcement notice under this section—
(a) suspend or cancel the certificate of registration of the
practitioner or human resource management firm; or
(b) suspend or cancel the practising certificate of the
practitioner. 51. (1) A person shall not knowingly or recklessly make a false
or misleading statement, orally or in writing, to the Institute,
Disciplinary Committee or a Professional Conduct Committee with
the intention that it be acted on by the Institute, Disciplinary
Committee or a Professional Conduct Committee. (2) A person who contravenes subsection (1) commits an
Enforcement
notice
False or
misleading
statement
Zambia Institute of Human Resource
Management [No. 3 of 2022 91

contravenes subsection (1) commits an
Enforcement
notice
False or
misleading
statement
Zambia Institute of Human Resource
Management [No. 3 of 2022 91

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. 52. (1) A person aggrieved with a decision of the Institute may,
within thirty days of receipt of the decision, appeal to the Minister. (2) A person aggrieved with a decision of the Minister may
appeal to the High Court. (3) A person aggrieved with a decision of a Professional
Conduct Committee may appeal to the Disciplinary Committee
within thirty days of receipt of the decision. (4) A person aggrieved with a decision of the Disciplinary
Committee may appeal to the High Court within thirty days of
receipt of the decision. (5) A decision of a Professional Conduct Committee or 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.

(6) The proceedings of a Professional Conduct Committee
or the Disciplinary Committee shall not be set aside by reason
only of some irregularity in those proceedings if that irregularity
did not occasion a substantial miscarriage of justice. 53. (1) A court shall have jurisdiction over a practitioner for
any act committed outside the Republic which, if it had been
committed in the Republic, would have been an offence of
professional misconduct under this Act. (2) Any proceedings against a practitioner under this section
which would be a bar to subsequent proceedings against that
practitioner, for the same offence, if the offence had been
committed in the Republic, shall be a bar to further proceedings
against the practitioner under any written law relating to the
extradition of persons, in respect of the same offence outside the
Republic. (3) The Mutual Legal Assistance in Criminal Matters Act
applies to proceedings under this Act. 54.

n respect of the same offence outside the
Republic. (3) The Mutual Legal Assistance in Criminal Matters Act
applies to proceedings under this Act. 54.

(1) A person shall not, without the consent in writing given
by, or on behalf of, the Institute, publish or disclose to a person,
other than in the course of duties of that person, the contents of a
Appeals
Jurisdiction
over acts
committed
outside
Republic
Cap. 98
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Zambia Institute of Human Resource
Management92 No. 3 of 2022]

Cap. 98
Prohibition
of
publication
or disclosure
of
information
to
unauthorised
persons
Zambia Institute of Human Resource
Management92 No. 3 of 2022]

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. (2) A person who contravenes subsection (1) commits an
offence and is liable, on conviction to a fine not exceeding two
hundred thousand penalty units, or to imprisonment for a term not
exceeding two years, or to both. (3) A person who, having information which to that person’s
knowledge has been published or disclosed in contravention of
subsection (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 to
imprisonment for a term not exceeding two years, or to both. 55.

able, 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. 55.

Where an offence under this Act is committed by a body
corporate or an unincorporate body, with the knowledge, consent
or connivance of the director, manager, shareholder or partner of
the body corporate or an unincorporate body, that director, manager,
shareholder or partner commits the same offence as the body
corporate or unincorporate body and is liable, on conviction, to the
penalty specified for that offence under this Act. 56. (1) The Institute may impose an administrative penalty on
a person for a failure to comply with a provision of this Act which
is not an offence. (2) An administrative penalty shall not exceed the amount
prescribed by the Minister by statutory instrument for each day
during which the failure continues. (3) An administrative penalty shall be paid to the Institute within
the period prescribed by the Minister. (4) The Institute may, where a person fails to pay an
administrative penalty within the stipulated time under subsection
(3), by way of civil action in a competent court, recover the amount
of the administrative penalty from that person as an amount due
and owing to the Institute. 57.

civil action in a competent court, recover the amount
of the administrative penalty from that person as an amount due
and owing to the Institute. 57.

An action or other proceeding shall not lie or be instituted
against a council member, a member of a committee of the Council,
a member of a Professional Conduct Committee or the Disciplinary
Committee and a member of staff of the Institute for, or in respect
Offences by
principal
officers of
body
corporate or
unincorporate
body
Administrative
penalty
Immunity
Zambia Institute of Human Resource
Management [No. 3 of 2022 93

cipal
officers of
body
corporate or
unincorporate
body
Administrative
penalty
Immunity
Zambia Institute of Human Resource
Management [No. 3 of 2022 93

of, an act or thing done or omitted to be done in good faith in the
exercise or performance of a power or function conferred under
this Act. 58. (1) The Institute may, in the exercise of its functions under
this Act, issue guidelines as are necessary for the better carrying
out of the provisions of this Act. (2) The Institute 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 Institute under this Act shall
bind the persons regulated under this Act. 59. (1) The Minister may, by statutory instrument and on the
recommendation of the Council, make Regulations for the better
carrying out of the provisions of this Act.

ter may, by statutory instrument and 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 may
make provision for—
(a) the manner and form for applications under this Act and
the fees payable;
(b) the form of and particulars to be entered on the registers;
(c) the form of the certificate of registration and the conditions
under which the certificate of registration is issued;
(d) the qualifications for registration of a practitioner;
(e) the form of the practising certificate and the conditions
under which the practising certificate is issued;
(f) the code of ethics to which practitioners shall subscribe;
(g) the continuous professional development for practitioners;
(h) the fees payable for professional services and any other
fees which are required to be prescribed; and
(i) the requirement for an organisation to recruit a practitioner
and the circumstances on which the practitioner shall
be recruited. 60. (1) The Zambia Institute of Human Resources Management
Act, 1997, is repealed. (2) Despite subsection (1), the Second Schedule applies to the
matters specified in that Second Schedule. Guidelines
Regulations
Repeal of
Act No.

ed. (2) Despite subsection (1), the Second Schedule applies to the
matters specified in that Second Schedule. Guidelines
Regulations
Repeal of
Act No.

11
of 1997 and
savings
transitional
provisions
Zambia Institute of Human Resource
Management94 No. 3 of 2022]

11
of 1997 and
savings
transitional
provisions
Zambia Institute of Human Resource
Management94 No. 3 of 2022]

FIRST SCHEDULE
(Sections 3(3) and 8(5))
THE ZAMBIA INSTITUTE OF HUMAN RESOURCE MANAGEMENT
PART I
ADMINISTRATION OF THE INSTITUTE
1. (1) The seal of the Institute shall be a device that may be
determined by the Council and shall be kept by the Registrar. (2) The affixing of the seal shall be authenticated by the
President or the Vice-President and the Registrar or any other
person the Council may authorise for that purpose. (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 Institute by the Registrar or any other person generally
or specifically authorised by the Council for that purpose. (4) A document purporting to be under the seal of the Institute
or issued on behalf of the institute 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 shall, subject to the other provisions
of this Act, hold office for a term of two years and may be re-
nominated or re elected for a further and final term of two years.

he other provisions
of this Act, hold office for a term of two years and may be re-
nominated or re elected for a further and final term of two years.

(2) A council 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
the extension of the term exceed three months. (3) The office of council member becomes vacant if the council
member—
(a) dies;
(b) is adjudged bankrupt under any written law;
(c) resigns by notice, in writing, to the Institute;
(d) is legally disqualified from performing the functions of a
council member;
(e) is disqualified from being a council member in accordance
with section 8(4);
Seal of
Institute
Tenure of
office and
vacancy of
council
members
Zambia Institute of Human Resource
Management [No. 3 of 2022 95

e
with section 8(4);
Seal of
Institute
Tenure of
office and
vacancy of
council
members
Zambia Institute of Human Resource
Management [No. 3 of 2022 95

(f)in the case of a council member under section 8(2)(a), (b),
(c), (d) and (g), the certificate of registration or practising
certificate is cancelled under this Act;
(g) in the case of a council member under section 8(2)(e) and
(f), ceases to be a representative of the office that
nominated the council member;
(h) is found guilty of professional misconduct;
(i) is absent, from three consecutive meetings of the Council
of which the council member had notice without the prior
approval of the Council; or
(j)is convicted of an offence under this act or any other written
law and sentenced to imprisonment for a term of six
months without the option of a fine. 3. (1) Subject to the other provisions of this Act, the Council
may regulate its own procedure. (2) The Council shall meet at least once in every three months
for the transaction of business at a place and time as the President
may determine.

re. (2) The Council shall meet at least once in every three months
for the transaction of business at a place and time as the President
may determine.

(3) The President may call a meeting of the Council on giving
notice of not less than fourteen days or where one third of the
council members so request, in writing, except that if the urgency
of a particular matter does not permit the giving of notice, a special
meeting may be called on giving a shorter notice. (4) Five council members shall form a quorum at a meeting of
the Council. (5) There shall preside at a meeting of the Council—
(a) the President;
(b) in the absence of the President, the Vice President; or
(c) in the absence of both the President and Vice President,
another council member that the council members
present shall elect for the purpose of that meeting. (6) A decision of the Council on any question shall be by a
majority of the council members present and voting at the meeting,
and in the event of an equality of votes, the person presiding at the
meeting shall have a casting vote in addition to that person’s
deliberative vote. Proceedings
of Council
Zambia Institute of Human Resource
Management96 No. 3 of 2022]

e a casting vote in addition to that person’s
deliberative vote. Proceedings
of Council
Zambia Institute of Human Resource
Management96 No. 3 of 2022]

(7) The Council may invite a person whose presence is in the
Council’s opinion desirable to attend and participate in the
deliberations of the meeting, but that person shall have no vote. (8) The validity of any proceedings, acts or decisions of the
Council shall not be affected by a vacancy in the membership of
the Council or any defect in the appointment of a council member
or by reason that a person not entitled to do so took part in the
proceedings. (9) The Council shall cause minutes to be kept of the
proceedings of every meeting of the Council and of any committee
established by the Council. 4. (1) The Council may, for the purpose of performing its
functions under this Act, constitute a committee and delegate any
of its functions to the committee as it considers necessary. (2) The Council may appoint as members of a committee
persons who are or are not council members except that at least
one council member shall be a member of a committee. (3) A member of a committee shall hold office for a term as
the Council may determine. (4) Subject to any specific or general direction of the Council,
a committee may regulate its own procedure. 5.

r a term as
the Council may determine. (4) Subject to any specific or general direction of the Council,
a committee may regulate its own procedure. 5.

The Council shall pay to a council member, a member of a
committee of the Council, a member of a Professional Conduct
Committee and a member of the Disciplinary Committee an
allowance as the Council may determine. 6. (1) A person who is present at a meeting of the Council or
a committee of the Council at which any 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 of the Council 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. Committees
Allowances
Disclosure
of interest
Zambia Institute of Human Resource
Management [No. 3 of 2022 97

nutes of the meeting at which it is made. Committees
Allowances
Disclosure
of interest
Zambia Institute of Human Resource
Management [No. 3 of 2022 97

PART II
FINANCIAL PROVISIONS
7. (1) The funds of the Institute consists of monies that may—
(a) be proceeds of any investments by the Institute;
(b) be paid to the Institute by way of fees, grants or donations;
and
(c) otherwise vest in, or accrue to, the Institute. (2) The Institute may—
(a) accept monies 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 as it may
require for the performance of its functions; and
(c) in accordance with Regulations made under this Act,
charge and collect fees in respect of programmes and
seminars conducted by the Institute. (3) There shall be paid from the funds of the Institute—
(a) the salaries, allowances and loans of the staff of the
Institute;
(b) reasonable travelling, transport and subsistence
allowances for council members or members of a
committee of the Council when engaged in the business
of the Institute at the rates approved by the Council;
and
(c) any other expenses incurred by the Institute in the
performance of its functions under this Act.

stitute at the rates approved by the Council;
and
(c) any other expenses incurred by the Institute in the
performance of its functions under this Act.

(4) The Institute may, invest in a manner the Council considers
appropriate, funds of the Council that the Council does not
immediately require for the performance of the Council’s functions. 8. The financial year of the Institute shall be a period of
twelve months ending on 31st December in each year. 9. (1) The Institute shall cause to be kept proper books of
account and other records relating to its accounts. (2) The accounts of the Institute shall be audited annually by
an independent auditor appointed by the Council. (3) The fees of the independent auditor shall be paid by the
Institute. Fund of
Institute
Financial
year
Accounts
and audit
Zambia Institute of Human Resource
Management98 No. 3 of 2022]

tor shall be paid by the
Institute. Fund of
Institute
Financial
year
Accounts
and audit
Zambia Institute of Human Resource
Management98 No. 3 of 2022]

SECOND SCHEDULE
(Section 60 (2))
SAVINGS AND TRANSITIONAL PROVISIONS
1. In this Schedule, “former Council” means the Human
Resources Management Council of the Zambia Institute of Human
Resources Management, established under the repealed Act. 2. (1) A practitioner registered under the repealed Act shall
continue to be registered as if registered under this Act. (2) The registration under subparagraph (1) shall be modified
in accordance with this Act where necessary. (3) After the commencement of this Act, the former Council
shall continue to perform the function of the Council of the Institute
under this Act until a new Council is constituted in accordance
with this Act. (4) A register maintained under the repealed Act and subsisting
immediately before the commencement of this Act shall, until
replaced, be considered to be a register maintained under this Act. 3. (1) For the avoidance of doubt, a person who, before the
commencement of this Act was an officer or employee of the
former Council shall continue to be an officer or employee of the
Institute, as if appointed or employed under this Act.

an officer or employee of the
former Council shall continue to be an officer or employee of the
Institute, as if appointed or employed under this Act.

(2) The service of persons under subparagraph (1) shall be
treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of a
person employed or appointed by the former Council before the
commencement of this Act. 4. (1) On the commencement of this Act, there shall be
transferred to, vest in and subsist against the Institute by virtue of
this Act and without further assurance, the assets, rights, liabilities
and obligations which immediately before the commencement of
this Act were the assets, rights, liabilities and obligations of the
former Council. Interpretation
Registration
and
appointment
under
repealed
Act
Staff of
Institute
Transfer of
assets and
liabilities
Zambia Institute of Human Resource
Management [No. 3 of 2022 99

d
appointment
under
repealed
Act
Staff of
Institute
Transfer of
assets and
liabilities
Zambia Institute of Human Resource
Management [No. 3 of 2022 99

(2) Subject to subparagraph (1), every deed, bond or
agreement, other than an agreement for personnel service, to which
the former Council was a party immediately before the
commencement of this Act, whether or not of a nature that rights,
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 Institute had been party to it;
(b) for any reference to the former Council there was
substituted, with respect to anything falling to be done
on or after the commencement of this Act, a reference
to the Institute; or
(c) for any reference to any officer of the former Council,
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 that officer of the Institute, as the Institute shall
designate.

anything falling to be done
on or after the commencement of this Act, a reference
to that officer of the Institute, as the Institute shall
designate.

(3) Where under this Act, any assets, rights, liabilities and
obligations of the former Council are deemed to be transferred to
the Institute, in respect of which transfer a written law provides
for registration, the Institute shall make an application, in writing, to
the appropriate registration authority for registration of the transfer. (4) The registration authority, under subparagraph (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. (1) Any legal proceedings or application of the former
Council pending immediately before the commencement of this
Act by or against the former Council may be continued by or against
the Institute.

former
Council pending immediately before the commencement of this
Act by or against the former Council may be continued by or against
the Institute.

(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 Council may be
instituted by or against the Institute. Legal
proceedings
Zambia Institute of Human Resource
Management100 No. 3 of 2022]