Laws of Zambia Active 2024The Zambia Qualifications Authority Act, 2024
Official PDF Document Download
Read full text
THE ZAMBIA QUALIFICATIONS AUTHORITY ACT, 2024 ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS Section 1. Short title 2. Interpretation PART II THE ZAMBIA QUALIFICATIONS AUTHORITY 3. Continuation of Zambia Qualifications Authority 4. Seal of Authority 5. Functions of Authority 6. Board of Authority 7. Functions of Board 8. Delegation of functions 9. Tenure of office and vacancy 10. Proceedings of Board 11. Committees of Board 12. Allowances of members 13. Disclosure of interest 14. Prohibition of publication or disclosure of information to unauthorised person 15. Immunity of members of Board, committees and staff of Authority 16. Director-General, Secretary and other staff PART III THE NATIONAL QUALIFICATIONS FRAMEWORK 17. National Qualifications Framework 18. Objectives of National Qualifications Framework 19. National Qualification Framework levels 20. Sub-frameworks PART IV REGISTRATION OF QUALIFICATIONS 21. Prohibition from awarding an unregistered qualification 22. Application for registration of qualification Zambia Qualifications Authority [No. 8 of 2024 77 Single copies of this Act may be obtained from the Government Printer, P. O. Box 30136, 10101 Lusaka. ambia Qualifications Authority [No. 8 of 2024 77 Single copies of this Act may be obtained from the Government Printer, P. O. Box 30136, 10101 Lusaka. Price K44.00 each 78 No. 8 of 2024] Zambia Qualifications Authority 23. Registration of qualification 24. Validity of certificate of registration 25. Renewal of certificate of registration 26. Variation of qualification 27. Suspension and revocation of certificate of registration 28. De-registration of Qualification PART V VERIFICATION AND EVALUATION OF QUALIFICATIONS 29. Prohibition of employment, appointment or enrolment without verification of qualification 30. Verification of local qualification 31. Verification and evaluation of foreign qualification 32. Revocation of certificate of verification or verification and evaluation PART VI FINANCIAL PROVISIONS 33. Funds of Authority 34. Financial year 35. Accounts and audit 36. Annual report PART VII GENERAL PROVISIONS 37. Duplicate certificate of registration, verification or verification and evaluation 38. Registers 39. Guidelines and Standards 40. Appeals 41. Offence by principal officers of body corporate or unincorporate body 42. Offences and penalties 43. Administrative penalty 44. Regulations 45. Repeal of Act No. 13 of 2011 and savings and transitional provisions SCHEDULES . Offences and penalties 43. Administrative penalty 44. Regulations 45. Repeal of Act No. 13 of 2011 and savings and transitional provisions SCHEDULES An Act to continue the existence of the Zambia Qualifications Authority and re-define its functions; provide for the development and implementation of a National Qualifications Framework; provide for registration of qualifications on the National Qualifications Framework; provide for verification and evaluation of qualifications; constitute the Board of the Zambia Qualifications Authority and re-define its functions; and provide for matters connected with, or incidental to, the foregoing. [ 16th August, 2024 ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Zambia Qualifications Authority Act, 2024. 2. In this Act, unless the context otherwise requires— “appropriate authority” means an authority having regulatory responsibility of a sub-framework of the National Qualifications Framework; “articulation” means a linkage between qualifications that allows for vertical, lateral and diagonal on movement of learners through formal education and training system and employment; “associate” has the meaning assigned to the word in the Anti- Corruption Act, 2012; Enactment Interpretation Act No. 3 of 2012 Short Title Zambia Qualifications Authority [No. ng assigned to the word in the Anti- Corruption Act, 2012; Enactment Interpretation Act No. 3 of 2012 Short Title Zambia Qualifications Authority [No. 8 of 2024 79 GOVERNMENT OF ZAMBIA ACT No. 8 of 2024 Date of Assent: 16th August, 2024 8 of 2024 79 GOVERNMENT OF ZAMBIA ACT No. 8 of 2024 Date of Assent: 16th August, 2024 “Authority” means the Zambia Qualifications Authority continued under section 3; “awarding body” means an institution issuing qualifications formally recognising the achievement of an individual following a standard assessment procedure; “certificate of registration” means a certificate of registration issued under section 23; “Chairperson” means the person appointed as Chairperson under section 6; “committee” means a committee constituted under section 11; “Director-General” means the person appointed as Director- General under section 16; “education” has the meaning assigned to the word in the Education Act, 2011; “Emoluments Commission” means the Emoluments Commission established by the Constitution; “evaluation” means the process of assessing a foreign qualification in order to establish an appropriate level on the National Qualifications Framework for purposes of recognising that qualification; “higher education institution” has the meaning assigned to the words in the Higher Education Act, 2013; “learner achievement record” means a record of details of individuals who have successfully been awarded qualifications; “learning programme” has the meaning assigned to the words in the Higher Education Act, 2013; “legally disqualified” means the absence of legal capacity as provided in section 4 of the Mental Health Act, 2019; “level descriptor” means specification of generic standards or intended learning outcomes with regard to a level on the National Qualifications Framework; “member” means a person appointed as a member of the Board; “National Qualifications Framework” means a system for classification, registration, application and articulation of quality assured qualifications; Act No. nal Qualifications Framework” means a system for classification, registration, application and articulation of quality assured qualifications; Act No. 23 of 2011 Cap. 1 Act No. 4 of 2013 Act No. 4 of 2013 Act No. 6 of 2019 80 No. 8 of 2024] Zambia Qualifications Authority 23 of 2011 Cap. 1 Act No. 4 of 2013 Act No. 4 of 2013 Act No. 6 of 2019 80 No. 8 of 2024] Zambia Qualifications Authority “recognition of prior learning” means a comparison of the previous learning and experience, whether formal, informal or non-formal, obtained by a learner against the learning outcomes required for a specified and existing qualification; “qualification” means a certificate, diploma or degree awarded by an awarding body on successful completion of a learning programme; “registration” means the process of granting recognition to a qualification; “relative” has the meaning assigned to the word in the Anti- Corruption Act, 2012; “repealed Act” means the Zambia Qualifications Authority Act, 2011; “Secretary” means a person appointed as Secretary under section 16; “standard” means a specification or code of practice for an education and training outcome, and includes a— (a) test method to describe a definitive procedure which produces a test result; (b) procedure that gives a set of instructions for performing operations or functions; and (c) registered statement of desired education and training outcomes and its associated assessment criteria; “sub-framework” means one of the components of the National Qualifications Framework specified in section 20; “training” means the process and methods which aim to equip a person with knowledge, skills, attitudes and values; “verification” means the process of validating the authenticity of qualifications and “verify” shall be construed accordingly; and “Vice-Chairperson” means a person elected as Vice- Chairperson under section 6. ity of qualifications and “verify” shall be construed accordingly; and “Vice-Chairperson” means a person elected as Vice- Chairperson under section 6. PART II THE ZAMBIA QUALIFICATIONS AUTHORITY 3. The Zambia Qualifications Authority established under the repealed Act is continued in existence under this Act as a body corporate with perpetual succession and a common seal, capable Zambia Qualifications Authority [No. 8 of 2024 81 Act No. 3 of 2012 Act No. 13 of 2011 Continuation of Zambia Qualifications Authority n seal, capable Zambia Qualifications Authority [No. 8 of 2024 81 Act No. 3 of 2012 Act No. 13 of 2011 Continuation of Zambia Qualifications Authority of suing and being sued in its corporate name and shall, subject to the provisions of this Act, have power to do all acts and things that a body corporate may, by law, do or perform. 4. (1) The seal of the Authority shall be a device as may be determined by the Authority and shall be kept by the Director- General. (2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Director-General or any other person authorised in that behalf by a resolution of the Board. (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 Authority by the Director-General or any other person generally or specifically authorised by the Board in that behalf. (4) A document purporting to be a document under the seal of the Authority or issued on behalf of the Authority shall be received in evidence and shall be executed or issued without further proof, unless the contrary is proved. 5. sued on behalf of the Authority shall be received in evidence and shall be executed or issued without further proof, unless the contrary is proved. 5. (1) The functions of the Authority are to— (a) develop, oversee and maintain a National Qualifications Framework; (b) develop and implement policy and criteria, in consultation with the appropriate authorities, for the development, registration and publication of qualifications which shall include the following requirements: (i) the relevant sub-framework shall be identified on any document relating to the registration and publication of a qualification; and (ii) each sub-framework shall have a distinct nomenclature for its qualification type which is appropriate to the relevant sub framework and consistent with international practice; (c) register a qualification, if that qualification meets the relevant criteria; (d) develop policy and criteria in consultation with the appropriate authorities for the recognition of prior learning and credit accumulation and transfer system; (e) develop the content of level descriptors for each level of the National Qualifications Framework and agree with the appropriate authorities on the content of the level descriptions; 82 No. 8 of 2024] Zambia Qualifications Authority Seal of Authority Functions of Authority riate authorities on the content of the level descriptions; 82 No. 8 of 2024] Zambia Qualifications Authority Seal of Authority Functions of Authority (f)publish the agreed level descriptors in the Gazette and ensure that the levels remain current and appropriate; (g) ensure that standards and registered qualifications are internationally comparable; (h) develop, publish and maintain national occupational standards for occupations in the Republic in consultation with the relevant stakeholders; (i) verify a local qualification in consultation with an awarding body; (j)verify and evaluate foreign qualifications in consultation with a competent authority in the foreign jurisdiction; (k) collaborate with other international institutions or organisations on all matters of mutual interest concerning qualification frameworks; (l) establish and maintain a database of learning achievements in the Republic; (m) monitor and evaluate compliance of appropriate authorities with the National Qualifications Framework standards; (n) inform the appropriate authorities and stakeholders on international practice in the development and management of the National Qualifications Framework; (o) conduct assessments on the development and implementation of the National Qualifications Framework, including periodic studies of the impact of the National Qualifications Framework on education, training and employment; and (p) advise the Minister on matters relating to the National Qualifications Framework. lifications Framework on education, training and employment; and (p) advise the Minister on matters relating to the National Qualifications Framework. (2) The Authority shall publish, in the Gazette and a daily newspaper of general circulation in the Republic, a list of prescribed standards and all registered qualifications of the sub-frameworks annually. 6. (1) There is constituted the Board of the Authority which consist of the following part-time members appointed by the Minister: (a) one representative each from the ministries responsible for— (i) education; and (ii) vocational and entrepreneurship training; Zambia Qualifications Authority [No. 8 of 2024 83 Board of Authority esponsible for— (i) education; and (ii) vocational and entrepreneurship training; Zambia Qualifications Authority [No. 8 of 2024 83 Board of Authority Tenure of office and vacancy (b) a representative of the Attorney-General; (c) a person nominated from the most representative federation of employers’ organisations; (d) a representative from a civil society organisation working in the education sector; (e) a representative of the Zambia Institute of Human Resource Management; and (f)one person with knowledge and experience in matters relating to this Act. (2) The members referred to under subsection (1)(a), (b), (c), (d) and (e) shall be nominated by their respective ministries, organisations or institutions for appointment by the Minister. (3) The Minister shall appoint the Chairperson from among the members. (4) The members shall elect the Vice-Chairperson from among themselves. 7. (1) Subject to the provisions of this Act, the Board shall provide strategic policy direction to the Authority. -Chairperson from among themselves. 7. (1) Subject to the provisions of this Act, the Board shall provide strategic policy direction to the Authority. (2) Despite the generality of subsection (1), the functions of the Board are to— (a) approve the annual budget estimates and financial statements of the Authority; (b) approve the annual work plan of the Authority; (c) promote effective corporate governance of the Authority; (d) formulate the policies, programmes and strategies of the Authority; and (e) approve qualifications and standards for purposes of this Act or any other written law. 8. (1) The Board may, in writing, and subject to guidelines issued by the Board, delegate any of its functions to the Director- General. (2) A delegation made under subsection (1) shall not prevent the Board from performing the functions so delegated. 9. (1) Subject to the provisions of this Act, a member shall hold office for a period of three years from the date of appointment and may be re-appointed for a further and final period of three years. (2) The office of a member becomes vacant if that member— (a) dies; 84 No. 8 of 2024] Zambia Qualifications Authority Functions of Board Delegation of functions fice of a member becomes vacant if that member— (a) dies; 84 No. 8 of 2024] Zambia Qualifications Authority Functions of Board Delegation of functions (b) is absent from three consecutive meetings of the Board, of which that member has had notice, without the prior approval of the Authority; (c) ceases to be a representative of the ministry, institution or organisation that nominated or appointed that member to the Board; (d) is declared bankrupt; (e) resigns by giving one month’s notice, in writing, to the Minister; (f)is legally disqualified from performing the functions of a member; or (g) is convicted of an offence under any other written law and is sentenced to imprisonment for a term exceeding six months without an option of a fine. (3) The Minister shall, where the office of a member becomes vacant before the expiry of the term of office of the member, appoint another member in place of the member who vacates office and that member shall hold office for the remainder of the term. (4) In the case of a member referred to under section 6(1)(a), (b), (c), (d) and (e), an appointment made by the Minister under subsection (3) shall be made from the same ministry, institution or organisation. a), (b), (c), (d) and (e), an appointment made by the Minister under subsection (3) shall be made from the same ministry, institution or organisation. (5) A member shall, on expiration of the term for which a member is appointed, continue to hold office until another member is appointed, but in no case shall the extension of the period exceed three months. 10. (1) Subject to the provisions of this Act, the Board may regulate its own procedure. (2) The Board shall meet for the transaction of business, at least once in every three months at a place and time as the Chairperson may determine. (3) The Chairperson may call a meeting of the Board on giving notice of not less than fourteen days, or where one-third of the members so request, in writing, except that if the urgency of a particular matter does not permit the giving of that notice, a special meeting may be called on giving a shorter notice. (4) Five members of the Board shall form a quorum at a meeting of the Board. (5) There shall preside at a meeting of the Board— (a) the Chairperson; Zambia Qualifications Authority [No. 8 of 2024 85 Proceedings of Board Board. (5) There shall preside at a meeting of the Board— (a) the Chairperson; Zambia Qualifications Authority [No. 8 of 2024 85 Proceedings of Board Allowances of members Disclosure of interest (b) in the absence of the Chairperson, the Vice-Chairperson; or (c) in the absence of both the Chairperson and the Vice- Chairperson, a member that the members present may elect for the purpose of that meeting. (6) A decision of the Board on any question shall be by a majority of the 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. (7) The Board may invite a person, whose presence is in its opinion, desirable to attend and to participate in the deliberation of a meeting of the Board but that person shall have no vote. (8) Where a member is for any reason unable to attend a meeting of the Board, the member may, in writing, nominate another person from the same organisation to attend the meeting in that member’s stead and that person shall be deemed to be a member for the purpose of that meeting. (9) The Board shall cause to be kept minutes of the proceedings of every meeting of the Board and every meeting of the committee established by the Board. 11. Board shall cause to be kept minutes of the proceedings of every meeting of the Board and every meeting of the committee established by the Board. 11. (1) The Board shall, for the purpose of performing its functions under this Act, constitute committees and delegate any of its functions to the committee as it considers necessary. (2) The Board may appoint as members of a committee, persons who are or are not members of the Board, except that at least one member of the Board shall be a member of a committee. (3) A member of a committee shall hold office for a period that the Board may determine. (4) Subject to any specific or general direction of the Board, a committee established under subsection (1), may regulate its own procedure. 12. A member of the Board and committee of the Board shall be paid allowances that the Emoluments Commission may, on the recommendation of the Minister, determine. 13. (1) A person who is present at a meeting of the Board or a committee of the Board, 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 practicable after the commencement of the meeting, disclose that interest and shall not, unless the Board or 86 No. private capacity shall, as soon as practicable after the commencement of the meeting, disclose that interest and shall not, unless the Board or 86 No. 8 of 2024] Zambia Qualifications Authority Committees of Board 8 of 2024] Zambia Qualifications Authority Committees of Board committee otherwise directs take part in any consideration or discussion of or vote on any question relating to that matter. (2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which the disclosure is made. 14. (1) A person shall not, without the consent in writing given by or on behalf of the Board, publish or disclose to a person, otherwise than in the course of that person’s duties, the contents of any document, communication or information whatsoever which relates to, or which has come to that person’s knowledge 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. s 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 any information which to that person’s knowledge has been published or disclosed in contravention of subsection (1), unlawfully publishes or communicates the information to any other person, commits an offence and is liable, 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. 15. An action or other proceeding shall not lie or be instituted against a member of the Board or a committee of the Board or a member of staff of the Authority, for or in respect of any act or thing done or omitted to be done in good faith in the exercise or performance, or purported exercise or performance of any of the powers, functions or duties conferred under this Act. 16. (1) The Board shall appoint a Director-General who shall be— (a) the Chief Executive Officer of the Authority; and (b) responsible for the day-to-day administration of the Authority. (2) The Director-General shall be an ex-officio member of the Board. uthority; and (b) responsible for the day-to-day administration of the Authority. (2) The Director-General shall be an ex-officio member of the Board. (3) The Board shall appoint a Secretary who shall perform corporate secretarial duties for the Board and other functions as the Board may determine, under the direction of the Board and the Director-General. (4) The Board shall appoint other staff of the Authority that the Board considers necessary for the performance of its functions. Zambia Qualifications Authority [No. 8 of 2024 87 Prohibition of publication or disclosure of information to unauthorised person Immunity of members of Board, committees and staff of Authority Director- General, Secretary and other staff ure of information to unauthorised person Immunity of members of Board, committees and staff of Authority Director- General, Secretary and other staff (5) The Emoluments Commission shall, on the recommendation of the Board, determine the emoluments of the Director-General, Secretary and other staff of the Authority. (6) The Board shall determine the conditions of service, other than emoluments, of the Director-General, Secretary and other staff of the Authority. PART III THE NATIONAL QUALIFICATIONS FRAMEWORK 17. The Authority shall, with the approval of the Minister, develop and implement a National Qualifications Framework. 18. (1) The objectives of the National Qualifications Framework are to— (a) create a single integrated framework for learning achievements; (b) facilitate access to, and mobility and progression within, education and training; (c) enhance the quality and relevance of education and training; and (d) promote education, training and employment opportunities. (2) The National Qualifications Framework shall contribute to the full personal development of a learner and the social and economic development of the nation. ational Qualifications Framework shall contribute to the full personal development of a learner and the social and economic development of the nation. (3) The Authority shall, in consultation with appropriate authorities— (a) develop, foster and maintain an integrated and transparent national framework for the recognition of learning achievements; and (b) ensure that qualifications meet appropriate criteria, and are internationally comparable. 19. (1) The National Qualifications Framework shall be organised as a series of levels of learning achievements, arranged in a prescribed manner. (2) Each level of the National Qualifications Framework shall be described by a level descriptor. (3) A level descriptor referred to under subsection (2) shall provide a broad indication of learning achievements or outcomes that are appropriate to a qualification at that level. (4) Subject to section 5 (1)(e), a level descriptor shall be developed in a manner as prescribed. 88 No. 8 of 2024] Zambia Qualifications Authority National Qualifications Framework Objectives of National Qualifications Framework National Qualification Framework levels bia Qualifications Authority National Qualifications Framework Objectives of National Qualifications Framework National Qualification Framework levels 20. (1) The National Qualifications Framework comprises the following three co-ordinated qualifications sub-frameworks: (a) general education; (b) trades and occupations; and (c) higher education. (2) An appropriate authority shall, in order to achieve the objectives of the National Qualifications Framework— (a) manage its sub-framework; (b) advise the relevant minister on matters relating to its sub- framework; (c) ensure that the level descriptors are adhered to; (d) with regard to qualifications for the appropriate authority’s sub-framework — (i) implement National Qualifications Framework policy and criteria for registration of qualifications; (ii) implement policy and criteria for recognition of prior learning and credit accumulation and transfer; and (iii) ensure the development of learning programmes as are necessary for the sector. (e) with regard to quality assurance within the appropriate authority’s sub-framework— (i) develop and implement policy for quality assurance; (ii) ensure the integrity and credibility of quality assurance; and (iii) ensure that quality assurance necessary for the sub-framework is undertaken. PART IV REGISTRATION OF QUALIFICATIONS 21. f quality assurance; and (iii) ensure that quality assurance necessary for the sub-framework is undertaken. PART IV REGISTRATION OF QUALIFICATIONS 21. (1) An awarding body shall not award a qualification that is not registered with the Authority. (2) An awarding body that 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. Zambia Qualifications Authority [No. 8 of 2024 89 Sub- frameworks Prohibition from awarding an unregistered qualification ding five years, or to both. Zambia Qualifications Authority [No. 8 of 2024 89 Sub- frameworks Prohibition from awarding an unregistered qualification Suspension and revocation of certificate of registration 22. (1) Subject to subsection (2), an awarding body shall apply to the Authority for the registration of a qualification on the National Qualification Framework in a prescribed manner and form on payment of a prescribed fee. (2) The Authority shall only register a qualification for a learning programme that is accredited by an appropriate authority. 23. (1) The Authority shall, within sixty days of receipt of an application under section 22, grant or reject the application. (2) The Authority shall, where the applicant meets the requirements of this Act, issue a certificate of registration in a prescribed manner and form. (3) The Authority shall, where the Authority rejects an application under subsection (1), notify the applicant stating the reasons for the rejection. (4) An awarding body shall, where a qualification is registered under this section, ensure that learners achievement records are submitted to the Authority within ninety days of the award of a qualification, as prescribed. 24. A certificate of registration shall be valid for a period that the Minister may, in consultation with the Authority, prescribe. 25. as prescribed. 24. A certificate of registration shall be valid for a period that the Minister may, in consultation with the Authority, prescribe. 25. An awarding body may, three months before the expiry of a certificate of registration, apply to the Authority for the renewal of the certificate of registration in the prescribed manner and form on payment of a prescribed fee. (2) The Authority shall, where the awarding body has complied with the terms and conditions of the certificate of registration, renew the certificate of registration. 26. An awarding body shall apply to the Authority for a variation of a qualification in a prescribed manner and form on payment of a prescribed fee. 27. (1) The Authority may suspend or revoke a certificate of registration if an awarding body— (a) obtained the certificate of registration on the basis of fraud, negligence or misrepresentation; (b) assigns, cedes or otherwise transfers the certificate of registration without the prior approval of the Authority; or (c) fails to comply with any term or condition of the certificate of registration as prescribed. Application for registration of qualification Registration of qualification Validity of certificate of registration 90 No. 8 of 2024] Zambia Qualifications Authority Renewal of certificate of registration Variation of qualification ity of certificate of registration 90 No. 8 of 2024] Zambia Qualifications Authority Renewal of certificate of registration Variation of qualification (2) The Authority shall, before suspending or revoking a certificate of registration under subsection (1), notify an awarding body of its intention to suspend or revoke the certificate of registration and shall— (a) give reasons for its intended suspension or revocation; and (b) require the awarding body to show cause within a reasonable period that may be specified in the notice, why the certificate of registration should not be suspended or revoked. (3) The Authority shall not suspend or revoke a certificate of registration under this section if an awarding body takes remedial measures to the satisfaction of the Authority within the period referred to in subsection (2). (4) The Authority shall, in making its final determination on the suspension or revocation of a certificate of registration, consider the submissions made by the awarding body under subsection (2). (5) Where a certificate of registration is revoked under this section, an awarding body shall surrender that certificate of registration to the Authority and the Authority shall cancel the qualification, subject to the conditions that the Authority may impose. ertificate of registration to the Authority and the Authority shall cancel the qualification, subject to the conditions that the Authority may impose. (6) The Authority shall, where it revokes the certificate of registration, publish a notice of the revocation in the Gazette and a daily newspaper of general circulation in the Republic. (7) The Authority may, in addition to a suspension or revocation of a certificate of registration, charge an awarding body the cost of carrying out the enforcement action. 28. The Authority may, where a certificate of registration is revoked under section 27, de-register a qualification to which that certificate or registration applies. PART V VERIFICATION AND EVALUATION OF QUALIFICATIONS 29. (1) A person shall not employ, or appoint a person to an office, whose qualification is not verified by the Authority. (2) A higher education institution or institution registered under the Technical Education, Vocational and Entrepreneurship Training Act, 1998, shall not enrol a person in a programme of study whose qualifications are not verified by the Authority. Zambia Qualifications Authority [No. 8 of 2024 91 De- registration of qualification Prohibition of employment, appointment or enrollment without verification of qualification Act No. 13 of 1998 024 91 De- registration of qualification Prohibition of employment, appointment or enrollment without verification of qualification Act No. 13 of 1998 Funds of Authority (3) A person who contravens subsection (1) or (2) commits an offence and is liable, on conviction, to a fine not exceeding one hundred thousand penalty units or imprisonment for a term not exceeding one year, or both 30. (1) A person who intends to verify a local qualification may apply to the Authority in a prescribed manner and form on payment of a prescribed fee. (2) The Authority shall, within fourteen days of receipt of an application under subsection (1), issue the applicant with a certificate of verification in a prescribed manner and form. (3) The Authority shall, where a qualification is not valid, notify the applicant within fourteen days of its decision. 31. (1) A person who intends to have a foreign qualification verified and evaluated shall apply to the Authority in a prescribed manner and form on payment of a prescribed fee. (2) The Authority shall, within sixty days of receipt of an application under subsection (1), issue the applicant with a certificate of verification and evaluation in a prescribed manner and form. (3) The Authority shall, where a qualification is not valid, notify the applicant within sixty days of its decision. 32. a prescribed manner and form. (3) The Authority shall, where a qualification is not valid, notify the applicant within sixty days of its decision. 32. (1) The Authority shall, where the Authority establishes that a certificate of verification or certification of verification and evaluation was erroneously issued, revoke that certificate. (2) The Authority shall, where a certificate is revoked under subsection (1), notify the holder of that certificate, in writing, within seven days of the revocation, stating the reasons for the revocation. PART VI FINANCIAL PROVISIONS 33. (1) The funds of the Authority consists of monies— (a) appropriated by Parliament; (b) be paid to the Authority by way of grants or donations; and (c) that vests in, or accrue to, the Authority. (2) The Authority may— (a) with the approval of the Minister responsible for finance, accept monies by way of grants or donations from any source within and outside the Republic; 92 No. 8 of 2024] Zambia Qualifications Authority Verification and evaluation of foreign qualification Verification of local qualification Revocation of certificate of verification or verification and evaluation n and evaluation of foreign qualification Verification of local qualification Revocation of certificate of verification or verification and evaluation (b) subject to the Public Debt Management Act, 2022, raise by way of loans or otherwise, monies that the Authority may require for the discharge of the Authority’s functions; or (c) charge and collect fees for services provided by the Authority. (3) There shall be paid from the funds of the Authority— (a) the salaries, allowances and loans of members of staff of the Authority; (b) reasonable traveling, transport and subsistence allowances for members of the Board or members of any committee of the Board when engaged in the business of Authority, at rates that the Emoluments Commission may, on the recommendation of the Minister, determine; and (c) any other expenses incurred by the Authority in the performance of the Authority’s functions. (4) Subject to the Public Finance Management Act, 2018, the Authority may invest funds in a manner that the Authority does not immediately require for the performance of the Authority’s functions. 34. The financial year of the Authority shall be the period of twelve months ending on 31st December of each year. 35. (1) The Authority shall cause to be kept proper books of account and other records relating to its accounts. ending on 31st December of each year. 35. (1) The Authority shall cause to be kept proper books of account and other records relating to its accounts. (2) The accounts of the Authority shall be audited annually by the Auditor-General or an independent auditor appointed by the Auditor-General. (3) The auditor’s fees shall be paid by the Authority. 36. (1) The Authority shall, as soon as practicable, but not later than ninety days after the end of the financial year, submit to the Minister a report concerning its activities during the financial year. (2) The report referred to under subsection (1) shall include information on the financial affairs of the Authority and there shall be appended to the report— (a) an audited statement of financial position; (b) an audited statement of comprehensive income; and (c) other information that the Minister may require. Zambia Qualifications Authority [No. 8 of 2024 93 Financial year Accounts and audit Act No. 15 of 2022 Annual report on that the Minister may require. Zambia Qualifications Authority [No. 8 of 2024 93 Financial year Accounts and audit Act No. 15 of 2022 Annual report Appeals (3) The Minister shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to under subsection (1), lay the report before the National Assembly. PART VII GENERAL PROVISIONS 37. (1) A person whose certificate of registration, certificate of verification or certificate of verification and evaluation is destroyed or lost may apply to the Authority for a duplicate certificate in the prescribed manner and form on payment of a prescribed fee. (2) The Authority may, within thirty days of receipt of an application under subsection (1), issue a duplicate to the applicant. 38. (1) The Authority shall cause to be kept a register of certificates. (2) The register shall be kept by the Secretary at the office of the Authority, and shall be open for inspection by members of the public during office hours on payment of a fee that the Authority may determine. (3) The Authority shall, every first quarter of every calendar year, publish in the Gazette and in a newspaper of general circulation in the Republic, the list of all registered qualifications for purposes of notifying the general public. 39. and in a newspaper of general circulation in the Republic, the list of all registered qualifications for purposes of notifying the general public. 39. (1) The Authority may issue guidelines for the better carrying out of the provisions of this Act. (2) The guidelines referred to under subsection (1) shall, on publication in the Gazette and a daily newspaper of general circulation in the Republic, be binding on persons regulated under this Act. (3) The Authority shall, in consultation with relevant stakeholders develop, publish and maintain national occupational standards for any occupation in the Republic. (4) An appropriate authority shall ensure that national occupational standards are applied in the design and development of learning programmes. 40. (1) A person aggrieved with a decision of the Authority shall, within thirty days of receipt of the decision, appeal to the Minister. 94 No. 8 of 2024] Zambia Qualifications Authority Duplicate certificate of registration, verification or verification and evaluation Registers Guidelines and Standards Zambia Qualifications Authority Duplicate certificate of registration, verification or verification and evaluation Registers Guidelines and Standards (2) The Minister shall hear and determine the appeal referred to under subsection (1) within ninety days of receipt of the appeal. (3) A person aggrieved with the decision of the Minister shall, within thirty days of receipt of the decision, appeal to the High Court. 41. Where an offence under this Act is committed by a body corporate or unincorporate body, with the knowledge, consent or connivance of the director, manager, shareholder or partner of the body corporate or unincorporate body, that director, manager, shareholder or partner is liable, on conviction, to a penalty specified for that offence under this Act. 42. (1) A person commits an offence if that person— (a) misrepresents a qualification; (b) refuses or fails, without reasonable cause, to comply with the provisions of this Act; (c) knowingly misleads the Authority or a member of staff of the Authority by giving false information or statement; (d) obstructs, assaults, or impersonates a member of staff of the Authority in the exercise of the powers conferred under this Act; and (e) attempts to exert unlawful influence on the Authority to make a decision in that person’s favour. cise of the powers conferred under this Act; and (e) attempts to exert unlawful influence on the Authority to make a decision in that person’s favour. (2) A person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding one hundred thousand penalty units or to imprisonment for a term not exceeding one year, or to both. 43. (1) Where the Authority is satisfied, after due investigation, and a person admits that the person has contravened a provision of this Act, which is not an offence, the Authority may impose and administer a penalty as prescribed. (2) If a person, on whom an administrative penalty is imposed, in accordance with this section, fails to pay the penalty within the time ordered by the Authority, the Authority may recover the penalty by action in a court of competent jurisdiction. 44. (1) The Minister may, on the recommendation of the Authority, by statutory instrument make Regulations for the better carrying out of the provisions of this Act. (2) Despite the generality of subsection (1), the regulations made under that subsection may make provisions for— (a) fees and charges under this Act; Zambia Qualifications Authority [No. 8 of 2024 95 Offence by principal officers of body corporate or unincorporate body Offences and penalties Administrative penalty Regulations rity [No. 8 of 2024 95 Offence by principal officers of body corporate or unincorporate body Offences and penalties Administrative penalty Regulations (b) the procedures and conditions for registration of a qualification; (c) the revocation of registration, or approval, of a qualification registered under this Act; (d) validity period of certificate of registration; (e) the procedure for the revocation of a certificate of verification or certificate of verification and evaluation; and (f) the appointment of inspectors and the powers of inspectors. (3) Regulations made under the provisions of this Act may create offences and may for that offence impose a fine not exceeding three hundred thousand penalty units or imprisonment for a term not excedding three years, or to both. 45. (1) The Zambia Qualifications Authority Act, 2011, is repealed. (2) Despite subsection (1), the Schedule applies to the savings and transitional provisions. 96 No. 8 of 2024] Zambia Qualifications Authority Repeal of Act No. 13 of 2011 and savings and transitional provisions gs and transitional provisions. 96 No. 8 of 2024] Zambia Qualifications Authority Repeal of Act No. 13 of 2011 and savings and transitional provisions SCHEDULE (Section 45) SAVINGS AND TRANSITIONAL PROVISIONS 1 . In this Schedule “former Authority” means the Zambia Qualifications Authority established under the repealed Act. 2. A person who immediately before the commencement of this Act held office as a member of the former Authority shall continue to hold office as a member for a period of six months after which the Minister shall appoint the members of the Board in accordance with this Act. 3. (1) For the avoidance of doubt, a person who, before the commencement of this Act, was an employee of the former Authority, shall continue to be an employee of the Authority, as if employed under this Act. (2) The service of the persons referred to in subparagraph (1) shall be treated as continuous service. (3) Nothing in this Act affects the rights and liabilities of any person employed by the former Authority before this Act comes into force. 4. ervice. (3) Nothing in this Act affects the rights and liabilities of any person employed by the former Authority before this Act comes into force. 4. (1) On or after this Act comes into force, there shall be transferred to, vest in and subsist against the Authority by virtue of this Act and without further assurance, all assets, rights and obligations which immediately before the commencement of this Act were the assets, rights, liabilities and obligations of the former Authority. (2) Subject to subparagraph (1), every deed, bond and agreement, other than an agreement for personnel service, to which the former Authority was a party immediately before the commencement of this Act whether or not of such a nature, that right, 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 Authority had been party to it; (b) for any reference to the former Authority there was substituted, with respect to anything falling to be done on or after this Act comes into force, a reference to the Authority; or (c) for any reference to any employee of the former Authority, not being a party to it and beneficially interested, there Zambia Qualifications Authority [No. any reference to any employee of the former Authority, not being a party to it and beneficially interested, there Zambia Qualifications Authority [No. 8 of 2024 97 Interpretation Act No. 13 of 2011 Board members Staff of Authority Transfer of assets and liabilities 8 of 2024 97 Interpretation Act No. 13 of 2011 Board members Staff of Authority Transfer of assets and liabilities were substituted, as respects anything falling to be done on or after the commencement of this Act, a reference to such employee of the Authority as the Authority shall designate. (3) Where under this Act, any assets, rights, liabilities and obligations of the former Authority are deemed to be transferred to the Authority in respect of which transfer a written law provides for registration, the Authority shall make an application in writing to the appropriate registration authority for registration of the transfer. (4) The registration authority, referred to in subparagraph (3), shall make such entries in the appropriate register as 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. he deeds relating to the title, right or obligation concerned and no registration fees or other duties shall be payable in respect of the transaction. (5) A certificate of accreditation of qualifications, certificate of validation of qualifications and certificate of validation and evaluation of qualifications granted under the repealed Act, whether to an institution or an individual, shall be considered to be granted under this Act, until expiry, revocation or cancellation of that certificate of registration of qualifications, certificate of validation of qualifications and certificate of validation and evaluation of qualifications, as provided in the repealed Act, but subject to any rights or benefits accruing to, or any liabilities suffered, under the repealed Act, but without the right of renewal. 5. (1) Any legal proceedings or applications of the former Authority pending in court immediately before this Act comes into force by or against the former Authority may be continued by or against the Authority. (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 Authority, may be instituted by or against the Authority. Legal proceedings 98 No. 8 of 2024] Zambia Qualifications Authority
Have questions about this law?
Ask Ubutabera AI for instant, cited answers — free with an account. Save laws and download official PDFs too.
Create a free account