Zambia Institute of Advanced Legal Education (Amendment) Act 2009

Zambia Institute of Advanced Legal
Education(Amendment) [No. 19 of 2009 211
GOVERNMENT OF ZAMBIA
ACT
No. 19 of 2009
Date of Assent: 28th August, 2009
An Act to amend the Zambia Institute of Advanced Legal
Education Act. [ 3 I st August, 2009
ENACTED by the Parliament of Zambia. Enactment
This Act may be cited as the Zambia Institute of Advanced Short title
Legal Education (Amendment) Act, 2009, and shall be read as one
with the Zambia Institute of Advanced Legal Education Act, in this Cap. 49
Act referred to as the principal Act. Section two of the principal Act is amended by the insertion Amendment
in the approriate place of the following new definition: of Section 2
"Accreditation Committee means the Committee established
under section ten A;
3.

in the approriate place of the following new definition: of Section 2
"Accreditation Committee means the Committee established
under section ten A;
3.

Section four of the principal Act is amended in subsection Amendment
(2)— of Section 4
(a) by the deletion of paragraphs (e) and 0 and the substitution
therefor of the following paragraphs:
accredit law schools at private and public
universities and set the criteria for
accreditation;
approve qualifications of foreign students who
wish to be enrolled at the Institute;
(b) by the deletion of the word " and at the end of paragraph (1);
(c) by the insertion after paragraph (1) of the following new
paragraph:
(m) appoint the teaching staff of the intitute;
Copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K3,000 each.

t the teaching staff of the intitute;
Copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka. Price K3,000 each.

Zambia Institute of Advanced Legal
212 No. 19 of 2009] Education(Amendment)
by the insertion of the word and after the semi-colon
at the end of paragraph (m); and
by the renumbering of paragraph (m) as paragraph (n). 4.

dment)
by the insertion of the word and after the semi-colon
at the end of paragraph (m); and
by the renumbering of paragraph (m) as paragraph (n). 4.

Section five of the principal Act is amended by deletion of
subsection (1) and the substitution therefor of the following
subsection:
(1) The Council shall consist of the following part-time
members:
the Attorney-General, with the Solicitor-General as
an alternate member;
a judge nominated by the Chief Justice;
the Director of Public Prosecutions;
the Permanent Secretary responsible for
administration in the Ministry responsible for
justice;
a representative of the Attorney-General with
expertise in legislative drafting;
a representative of the Law Association of Zambia;
a representative of the Zambia Institute of Chartered
Accountants;
a representative of the department of the Clerk of
the National Assembly;
(i) a dean and one senior lecturer from the Law School
of a public university, nominated by the Minister
responsible for education;
0) a dean and one senior lecturer from the Law School
of a private university, nominated by the Minister
responsible for education;
(k) a magistrate who is admitted as a legal practitioner
under the Legal Practitioners Act, nominated by
the Magistrates and Judges Association of Zambia;
and
(1) two legal practitioners appointed by the Minister. 5.

Legal Practitioners Act, nominated by
the Magistrates and Judges Association of Zambia;
and
(1) two legal practitioners appointed by the Minister. 5.

The principal Act is amended by the insertion immediately
after section ten of the following new section:
10A. (1) There is hereby established the Accreditation
Committee of thc Council which shall consist of the following
members:
Cap. 30
Insertion of
new section
10A
Accreditation
Committee

the Accreditation
Committee of thc Council which shall consist of the following
members:
Cap. 30
Insertion of
new section
10A
Accreditation
Committee

Zambia Institute of Advanced Legal
Education(Amendment) [No. 19 of 2009 213
a judge nominated by the Chief Justice;
a representative of the Law Association of Zambia;
(e) a representative of the Examinations Council of
Zambia;
a representative of the Ministry responsible for
education;
a dean and one senior lecturer from the Law School
of a public university, nominated by the Minister
responsible for education;
0 a dean and one senior lecturer from the Law School
of a private university, nominated by the Minister
responsible for education;
a representative of the National Institute for Public
Administration;
a representative of the Zambian Centre for
Accountancy Studies; and
(i) the Director, as of the ex-officio member. The Chairperson and the Vice-Chairperson shall be elected
by the members from among their number. The functions of the Accreditation Committee are to—
approve schools of law or such other institutions within or
outside Zambia as schools whose training in law will be
acceptable training for purposes of admission to the
Institute; and
perform any other function conferred on it by the Council.

training in law will be
acceptable training for purposes of admission to the
Institute; and
perform any other function conferred on it by the Council.

Five members shall form a quorum at a meeting of the
Accreditation Committee. Subject to any specific or general direction of the Council,
the Accreditation Committee may regulate its own procedure.

the
Accreditation Committee. Subject to any specific or general direction of the Council,
the Accreditation Committee may regulate its own procedure.

Zambia Institute of Advanced Legal
214 No. 19 of 20091 Education(Amendment)
Insertion of
new Part
IVA
Oath of
secrecy
Cap. 5
Cap. 5
6. The principal Act is amended by the insertion after Part IV of
the following new Part:
Part IV A
OFFENCES RELATING TO EXAMINATIONS
20A. (1) The Council shall require a person performing the work
of the Council or engaged in the conduct of an examination or the
handling of an examination paper, to take and subscribe before a
Commissioner for Oaths, an oath of secrecy as prescribed under
the Official Oaths Act. (2) Where a person required to take an oath under this Part
expresses an objection to taking the oath or expresses a desire to
make an affirmation, the person shall, without being questioned as
to the grounds of the person's objection or desire, make a solemn
affirmation in accordance with the Official Oaths Act. (3) A person to whom this section applies who does or omits to
do an act in contravention of an affirmation or oath of secrecy
commits an offence and is liable, upon conviction, to a fine not
exceeding three hundred thousand penalty units or to imprisonment
for a period not exceeding three years, or to both. Disclosure 20B.

n, to a fine not
exceeding three hundred thousand penalty units or to imprisonment
for a period not exceeding three years, or to both. Disclosure 20B.

A person who, without lawful excuse, discloses to a person
of an examination question or information relating to the contents ofexamination
question an examination paper, commits an offence and is liable, upon
etc. conviction, to a fine not exceeding five hundred thousand penalty
units or to imprisonment for a term not exceeding five years, or to
both. Unauthorised
possesion
of
examination
paper or
information
20C. (I) A person who, without lawful excuse, has in the person's
possession or control, an examination paper or a part of the
examination paper, or information relating to the contents of an
examination paper commits an offence and is liable, upon conviction,
to a fine not exceeding five hundred thousand penalty units or to
imprisonment for a term not exceeding five years, or to both. (2) A person who assists, or causes to be assisted, an examination
candidate to obtain or gain unauthorised possession of an
examination paper commits an offence and is liable, upon conviction,
to a fine not exceeding five hundred thousand penalty units or to
imprisonment for a term not exceeding five years, or to both.

able, upon 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 Institute of Advanced Legal
Education(Amendment) [No. 19 of 2009 215
A person who, having in the person's possession or control
an examination paper or information relating to the contents of an
examination paper, recklessly or negligently loses the examination
paper or information, or uses the examination paper or information
in a manner prejudicial to the proper and fair conduct of an
examination, commits an offence and is liable, upon conviction, to
a fine not exceeding five hundred thousand penalty units or to
imprisonment for a term not exceeding five years, or to both. (1) If a person engaged in the conduct of examinations or
performing work connected with examinations is directly or indirectly
interested in a private capacity in an examination or in an examination
paper or information relating to the examination or examination
paper, or if the spouse, child, friend or relative of the person is a
candidate in the examination, that person's duties in respect of the
examination disclose the interest to the Council and shall, unless
the Council otherwise directs, cease to perform that person's duties.

espect of the
examination disclose the interest to the Council and shall, unless
the Council otherwise directs, cease to perform that person's duties.

(2) A person who contravenes subsection (1) commtis an offence
and is liable, upon conviction, to fine not exceeding one hundred
thousand penalty units or to imprisonment for a term not exceeding
one year, or to both. 20F. (1) Where the Council is satisfied that there has been an
irregularity in the course of an examination, the Council may
suspend or nullify the examination or a part of the examination. (2) Where the Council is satisfied that there is reasonable cause
to believe that the examination results of a candidate have been
obtained by irregular means, the Council shall nullify the examination
results of the candidate. Loss and
misuse of
examination
paper
Disclosure
of interest in
examination
or
examination
paper
Nullification
of
examination
or
examination
results